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BCC Minutes 03/22-23/2005 R March 22-23, 2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 22, 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 Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ti"'" ~, '~ " "^'-.." .... . ~"~" AGENDA March 22, 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 March 22, 2005 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 today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 B. February 22, 2005 - BCC/Regular Meeting Approved - 5/0 C. March 1, 2005 - BCCI Airport Authority Workshop Approved - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees 1) Mary Jo Thurston, Utility Billing & Customer Service Presented B. 30 Year Attendees Page 2 March 22, 2005 , '... ,- -- . '-'-'-'-~-"'-"'~'''' M_ ___......w,."_______ 1) Henry Bickford, Transportation Road Maintenance Presented 4. PROCLAMATIONS A. Proclamation to declare the month of April 2005, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Sprint and Mr. Al VanderMeulen of Public Utilities Division's Locate section. Adopted - 5/0 B. Proclamation to designate the month of April 2005, as Sexual Assault Awareness Month and to include Thursday, April 7,2005, as Sexual Assault Awareness Day. To be accepted by Jamie Willis, S.A.P.E. Coordinator. Adopted - 5/0 C. Proclamation to designate the month of April as Water Conservation Month. To be accepted by Paul Mattausch, Water Department Director. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Janet Go, Recycling Coordinator, Solid Waste Management, as Employee of the Month for March 2005. Presented 6. PUBLIC PETITIONS A. Public Petition request by Camille Merilus to discuss the establishment of a branch foundation for Haiti Development in Naples. B. Public Petition request by Skip Freeman to discuss The Everglades Conservation Club. Item 7 and 8 to he heard at 9:00 a.m. on March 23. 2005. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-04-AR-6278, Page 3 March 22, 2005 Dominick Amico of Agnoli, Barber & Brundage, Inc., representing the Collier County Board of County Commissioners requesting approval of Conditional Use for a Community Park as an essential service, pursuant to Section 2.01.03.G.3.a of the Land Development Code (LDC) to construct a Community Park with 75 boat trailer parking spaces, 21 vehicular parking spaces, and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform, and boat docks. The property to be considered for the conditional use is located at the southern terminus of Goodland Drive West in Section 18, Township 52 South, Range 27 East in Collier County (Goodland), Florida. B. This item to be heard immediately followin!! Item 8B (which is scheduled to be heard at 1 :00 p.m. on March 22, 2005). This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. CU-2004-AR-6625 EcoVenture Wiggins Pass, Ltd., represented by Robert J. Mulhere, AICP, ofRW A Consulting, Inc., and Richard D. Y ovanovich, Esquire, of Goodlette, Coleman & Johnson, requesting a Conditional Use of the C-4 zoning district for a Hotel & Spa per Chapter 2.04.03 of the Land Development Code. The subject property, consisting of 10.45 acres, is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida. C. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. V A-2004-AR-7003, Habitat for Humanity of Collier County, Inc., represented by Brent Moore, AICP, of Wilson Miller, Inc., requests a I-foot after-the-fact variance from the required 5-foot wide sidewalk standard provided in Section 6.06.02 of the Land Development Code (LDC) to allow the continued use of the existing 4-foot wide sidewalks located within the Carson Lakes Subdivision Phase II. D. This item was continued from the March 8, 2005 BCC meetin!! and is to be heard at the continuation of the March 22, 2005 BCC Meetin!! to be held on March 23, 2005. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members CU-2003-AR-4326: Dieudonne and Lunie Brutus represented by Ronald F. Nino, AICP, of Vanasse Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning district for a church or house of worship Page 4 March 22, 2005 for the Tabernacle of Bethlehem Church pursuant to LDC Sections 2.04.03, Table 2 and 10.08.00. Property is an 0.69-acre tract located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO V A-2003-AR-4327) E. This item was continued from the March 8, 2005 BCC meetin!! and is to be heard at the continuation of the March 22, 2005 BCC Meetin!! to be held on March 23, 2005. This item requires that all participants to be sworn in and ex-parte disclosure be provided by Commission members. V A-2003-AR-4327: Dieudonne and Lunie Brutus, (regarding the Tabernacle of Bethlehem Church), represented by Ronald F. Nino, AICP, of Vanasse Daylor, request the following variances in the VR zoning district for a Conditional Use (LDC S4.02.02.E.): 1) from the minimum one-acre lot area; to allow an existing structure on an 0.69 acre tract to be converted to a church use; 2) to reduce the front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces (LDC S4.04.04.G. Table 17); and; 4) to reduce the landscape buffer on the north and south property lines from the required IS-foot type "B," to allow a 10- foot wide type "B" buffer (LDC S4.06.02 Table 24). Property is located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO CU-2003-AR-4326) 8. ADVERTISED PUBLIC HEARINGS A. This item to be continued to the April 12, 2005 BCC Meetin!!. Recommendation to Approve an Ordinance Amending Ordinance No. 92- 60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal Owned Museums; to change the percentages ofC-I& C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. B. This item to be heard at 1 :00 p.m. on March 22, 2005. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. This item to be heard immediately followin!! Item 7B. PUDZ-2004-AR-5967 EcoVenture Wiggins Pass, LTD., represented by Robert J. Mulhere, AICP, ofRW A, Inc. and Richard D. Yovanovich, Esquire, ofGoodlette, Coleman & Johnson requesting a rezone from the C-4 zoning district to a "PUD" Planned Unit Development zoning district to be known as the Coconilla PUD. The proposed change would allow for 95 dwelling units in two residential towers with 10 floors Page 5 March 22, 2005 of residential units over one floor of parking, a public use tract adjacent to Cocohatchee River Park and a marina basin containing 29 wet slips. The property is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida, consisting of 10.45:1: acres. C. Recommendation to Adopt an Ordinance Amending Ordinance 04-12, the Certificate of Public Convenience and Necessity, Section Four, Exemptions and Exclusions from Certificate Requirements and Providing for an Effective Date. D. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amend the General Government Buildings Impact Fee rate schedule. E. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land development regulations for the unincorporated area of Collier County, Florida, by providing for: Section one, recitals; Section two, findings of fact; Section three, adoption of amendments to the Land Development Code, more specifically amending the following: Chapter 6 - infrastructure improvements and adequate public facilities requirements, including Sec. 6.06.02 sidewalk, bike lane, and greenway requirements; Chapter 10 _ application, review, and decision-making procedures, including Sec. 1 0.02.03.b.1. final site development plan procedure and requirements; Section four, conflict and severability; Section five, inclusion in the Collier County Land Development Code; and Section six, effective date. F. Petition SNR-2004-AR-6950, Vanderbilt Beach Property Owner's Association, represented by Arthur T. Sweatman, requesting a street name change from Willett A venue to Willet A venue for property located in Conner's Vanderbilt Beach Estates, Unit 2, Block N, in Section 32, Township 48 South, Range 25 East. G. This item will be heard at the March 23, 2005 BCC Meetin!!. This item has been continued from the February 22, 2005 BCC Meetin!!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2003- AR-4942- Conquest Development USA, LC, requesting a PUD to PUD rezone for Page 6 March 22, 2005 property located on the East Side of Collier Boulevard (CR 951) and approximately 1 3/4 Miles South of Tamiami Trail (Us 41), further described as Silver Lakes, in Section 10 & 15, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. B. Appointment of member to the Golden Gate Beautification Advisory Committee. C. Appointment of members to the Pelican Bay MSTBU Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Recommendation to award a $7,596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach Parking Garage, project 90295, and approve the necessary budget amendments to include commercial financing. (Len Price, Administrator, Administrative Services and Ron Hovell, Principal Project Manager, Facilities Management) B. This item to be heard at 9:30 a.m. on March 22, 2005. Recommendation to review the Written and Oral Reports of the Advisory Boards and Committees scheduled for review in 2005 in accordance with Ordinance No. 2001-55, including the Coastal Advisory Committee, Collier County Planning Commission, Disaster Recovery Task Force, Ochopee Fire Control District Advisory Committee, and Smart Growth Advisory Committee. (Winona Stone, Assistant to the County Manager) C. Recommendation to adopt a resolution authorizing condemnation to acquire the right-of-way necessary for the widening of Collier Boulevard from two lanes to six lanes between Golden Gate Boulevard and Immokalee Road. (Norman Feder, Administrator, Transportation Services) D. Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1173 and Senate Bill 2302 relating to new regulations controlling the implementation, collection and expenditure of impact fees Page 7 March 22, 2005 by local governments that will have a detrimental effect on the county's ability to provide necessary and required growth-related capital improvements (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Recommendation to adopt a Resolution supporting enactment into law proposed Florida Senate Bill 1940 and House Bill 1461 relating to statutory provisions controlling the distribution and expenditure of gasoline tax proceeds. (Norman Feder, Administrator, Transportation Services) F. Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1251 and Senate Bill 2424 deleting the existing statutory provision that waives a referendum to levy ad valorem taxes for providing municipal services within a municipal service taxing unit. (Norman Feder, Administrator, Transportation Services) G. Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of$5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon on March 22, 2005. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss strategy related to litigation in the pending case of Collier County v. Department of Community Affairs and City of Naples, Case No. 04- 1048GM, pending in the State of Florida Division of Administrative Hearings and the Second District Court of Appeals Case No. 2DCA#2D05- 392. 13. OTHER CONSTITUTIONAL OFFICERS Page 8 March 22, 2005 A. This item to be heard at 11:00 a.m. on March 22, 2005. To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2004. A copy of the Report is on display in the County Manager's Office, W. Harmon Turner Building, 2nd Floor, 3301 East Tamiami Trail, Naples, Florida. 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. Approved and/or Adopted w/Changes - 5/0 ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve petition A VESMT2003-AR5314 to vacate, renounce and disclaim the easements for public road right of ways recorded by separate instruments in the Public Records of Collier County, Florida, located in the Summit Place development in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2005-116 2) Recommendation to approve an Agreement for Sale and Purchase with Leo A. Tegethoffand Shirley R. Tegethoff for 5.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $76,300. Parcels located in Golden Gate Estates, Unit 53 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Southwest Professional Health Park". The roadway and drainage improvements will be privately maintained. Resolution 2005-117 Page 9 March 22, 2005 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Berkshire Pines Phase One". The roadway and drainage improvements will be privately maintained. Resolution 2005-118 5) Recommendation to approve for recording the final plat of "Briarwood Unit Eleven", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations 6) Recommendation to approve for recording the final plat of "Madison Park Phase Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations 7) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency (CRA), approve the 2004 Annual Report of the CRA, direct staff to file the annual report with the Board of County Commissioners (BCC) and direct staff to publish notice of filing the report. As detailed in the Executive Summary 8) Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek, Phase 2A Golf Course. With the release of the Utilities Performance Security 9) Recommendation for the approval of the amended recently approved Conservation Collier Active Acquisition List and direction for staff to actively pursue the added A-category property (McIntosh Trust). As detailed in the Executive Summary 10) Recommendation to approve for recording the final plat of "Heritage Bay", approval of the standard form Construction and Maintenarice Agreement and approval of the amount of the performance security. With stipulations Page 10 March 22, 2005 11) Recommendation to adopt a Resolution creating the Habitat Conservation Plan Advisory Committee. Resolution 2005-119 12) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. Resolution 2005-120 13) Recommendation to approve for recording the final plat of "Quarry Phase 1", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve the purchase of Parcel No. 103B required for the construction of a storm water retention and treatment pond necessary for the widening of County Barn Road from Davis Blvd. to CR-864. (Project No. 60101, Capital Improvement Element No. 33). Fiscal Impact: $126,950.00. 2) Recommendation to approve the purchase of Parcel Nos. 119, 719 and 719A required for the construction of the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. As detailed in the Executive Summary 3) Recommendation to approve award of Bid #05-3692, "Traffic Operations Signal Components" to multiple vendors (category basis). Awarded to Traffic Products, Inc.; Specialty Lighting Solutions; Temple, Inc.; Traffic Parts, Inc.; and Transportation Control Systems 4) Recommendation to approve two (2) Adopt-A-Road Agreements for the following: Golden Gate Realty & Development, Inc. and Crystal Lake R.V. Park. Page 11 March 22, 2005 5) Recommendation to approve Amendment No.3 to extend the time and amount of the Contract for Professional Services Agreement by PBS&J, Inc., for the Goodlette-Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. (Fiscal impact $152,197.00) Schedule project completion is March 28, 2005, with additional days still pending 6) Recommendation to (1) approve rescinding a Resolution No. 2004- 211 for a Local Agency Program (LAP) Agreement with the State Department of Transportation in the amount of$262,500.00 for the purchase and installation of a prefabricated pedestrian bridge within the C.R. 951 right-of-way over the Golden Gate outfall canal: and (2) approve a Resolution approving, and authorizing the Chairman of the Board of County Commissioners to execute the Resolution for the same funds to be used for the construction of water crossings located over the Santa Barbara Canal located on Golden Gate Parkway (CR 886); (3) authorize the advance of the $262,500.00 and the County's contribution of$75,000 for Design and $37,500.00 for Construction from the Gas Tax Fund and (4) approve future fiscal annual costs of the bridges maintenance and all necessary budget amendments. Resolution 2005-121 7) Recommendation to award Bid #05-3771 "Secretarial Services for Advisory Committee Meetings" to Manpower Temporary Services. For MSTU Meetings at an estimated annual expenditure of $25,000 8) Recommendation to approve the updated "Collier County Landscape Beautification Master Plan" and revised schedule for fiscal years 2006 and 2007. As detailed in the Executive Summary 9) Recommendation to approve a budget amendment to transfer $1,354,447.90 between budgeted projects as part of a mid-year Stormwater Management program adjustment to fund both Capital Improvement and regular Maintenance projects under Fund (301). As detailed in the Executive Summary C. PUBLIC UTILITIES Page 12 March 22,2005 1) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-122 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-123 3) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. With Patricia A. Hutchinson 4) Recommendation to approve an Engineering Professional Services Agreement with Owen Ayres & Associates, Inc. under RFP #04-3723, Project #725163, in the amount of$167,000 and to approve a Budget Amendment to transfer funds among Work Breakdown Structure Elements within Project 72516. To optimize and conserve public irrigation and potable water resources 5) Recommendation to approve three (3) Work Orders under RFQ #03- 3522, "Testing Services for Inflow and Infiltration Study," with Advanced Underground Imaging, LLC and Severn Trent Environmental Services, Inc. under the North County Inflow and Infiltration Study Project, Project Number 725021, in the total amount of $266,357.96, and approve a Budget Amendment in the amount of $93,747.96 As detailed in the Executive Summary D. PUBLIC SERVICES 1) Recommendation to award bid #05-3720 to multiple vendors for purchase and delivery of fertilizer at an estimated annual expenditure Page 13 March 22, 2005 of$150,000. Awarded to Pro Source One, Helena Chemical Company, Regenerated Resources, and Lesco, Inc. as primary, secondary, and tertiary vendors for a term of two years 2) Recommendation to approve the attached Application and Certification of Application, and for the Chairman to sign, permitting the Collier County Public Library to apply for a $500,000 State Construction Grant for the South Regional Library. As detailed in the Executive Summary 3) Recommendation to approve a budget amendment recognizing revenue in the amount of $16,400 from an insurance payment covering damage to the boardwalk at Barefoot Beach Preserve. Damage done from Hurricane Charley repaired by Professional Building Systems 4) Recommendation to approve a modification in the amount of $25,000 to Purchase Order #4500035141 with Naples Wholesale Bait, extend the sole source vendor designation through September 2006, and approve a seven-day payment schedule. For the sale of live bait shrimp to patrons at Caxambas Park Marina 5) Recommendation to approve the submittal of the attached "Let's Talk About It: Jewish Literature" grants application to the American Library Association for a series of book discussion programs. Request that the BCC authorize the Library Director to sign this grant application. As detailed in the Executive Summary 6) Recommendation to approve a Pubic Parking License Agreement with Royal Palm Country Club of Naples, Inc. to provide parking for the County-operated baseball field located on Warren Street at a cost of $50 for recording the Agreement. As detailed in the Executive Summary 7) Recommendation to approve the Lease Agreement with Southwest Heritage, Inc., as amended, for use of the Naples Railroad Depot as a branch facility of the Collier County Museum. Page 14 March 22, 2005 As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Second Amendment to Lease Agreement with Senator Burt Saunders for the continued use of office space for three years for a total revenue of$30. For a term ending January 2,2008 2) Recommendation to reject all responses received under Bid 05-3776, Fasteners and Wheel Weights for Fleet. To reissue as a bid 3) Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2005 calendar year. Resolution 2005-124 4) Recommendation to reject all responses to RFP #05-3748, Onsite Primary Care Services. 5) Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on April 9, 2005, and authorize the donation of certain surplus property to Reachout Everglades and COPS Association, Inc. As detailed in the Executive Summary 6) Recommendation to approve the award of Bid #No. 05-3764 for the repair, parts and service of air conditioning equipment to Hill York Service Corp. and United Mechanical, Inc. Annually estimated at $1,450,000 7) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. For the period of January 31,2005 through February 28, 2005 F. COUNTY MANAGER 1) Recommendation to accept a Sovereign Submerged Lands Easement Page 15 March 22, 2005 from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) for construction of a beach nourishment project along the shoreline of Hideaway Beach on Marco Island, at a cost not to exceed $61. As detailed in the Executive Summary 2) Recommendation to approve a three-year contract related to RFP 05- 3772 for Collier County Tourism Web site Design and Maintenance (Estimated maximum contract amount $92,220.00). With Miles Media Group 3) Approval of Budget Amendment for Emergency Management. For overtime worked in response to Hurricanes Ivan and Jeanne G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve and execute the BayshorelGateway Triangle Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. For an annual amount of $88,000 2) Recommendation to approve and execute the site improvement grant agreement between the Community Redevelopment Agency and the grant applicant within the BayshorelGateway Triangle Redevelopment Area. A Residential Rehab Grant for Sharon King H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board payment to attend the Economic Development Council of Collier County's Membership Meeting and Mixer on March 31, 2005 to be held at the Registry Resort & Club. This event will allow Commissioner Coletta to represent District 5 and learn more about "The Economic Trends in 2005 and Forward" from speaker Dr. David M. Jones and interact with other government representatives and community leaders; $35.00 to be paid from Commissioner Coletta's travel budget. Page 16 March 22, 2005 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders from February 19,2005 to March 4,2005 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, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 2) Recommendation to recognize $1,000,000 of Reserves in Fund 178, Court Information Technology Fees and increase the transfer to the Clerk of the Circuit Court in the same amount. As detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation for the Board of County Commissioners to allow Ronald J. Echols, Ph.D., Mary W. Echols and John Cumberlidge to go onto land recently acquired through the Conservation Collier Land Acquisition Advisory Committee Program for geological research purposes. For an 80-acre parcel known as the "America's Business Park" property 2) Recommendation to Approve a Stipulated Final Judgment as to Parcels 128, 728 and 130 in the Lawsuit Styled Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA (Immokalee Road Project #66042). Staff to deposit an additional sum of $10,400 in the Roetzel & Andress Trust Account 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS Page 17 March 22, 2005 ---...-.-'---------.--.---,-----..--.-"..,. 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. PUDZ-A-2004-AR- 6888 MDG Capital Corporation, represented by Robert L. Duane, AICP, of Hole, Montes, Inc., is requesting a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) for a project known as the Arrowhead PUD for the purpose of amending the PUD document to change the PUD type to a Mixed Use PUD, change the residential development standards regulations, update the LDC citations, and add language to address affordable housing commitments. The subject property, consisting of 307.4 acres, is located at the corner of Lake Trafford Road and the proposed Carson Road Extension, in Section 6, Township 47 South, Range 29 East; and in Section 31, Township 46 South, Range 29 East, Immokalee, Florida. Ordinance 2005-13 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 18 March 22, 2005 ---~--'^~.,--~~,_._'".,---"_.__..- March 22-23, 2005 CHAIRMAN COYLE: Ladies and gentlemen, we're now in seSSIon. MR. OCHS: You have a hot mike, sir. CHAIRMAN COYLE: Okay, thank you. Do we have anyone for the invocation today, County Manager? Will you please do the honors? Would you please stand for the invocation? MR. MUDD: Let us pray. Oh, Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on 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. I'd also like to bring to everyone's attention and into their thoughts and prayers, that on March 24th, 2004 (sic), it marks the one-year anniversary of -- excuse me, March 24th, 2004, Sergeant First Class Wentz 1. Shanaberger, III, was killed in action in Iraq. He was a member of our community of Collier County, and I'd like everyone to keep him in your thoughts and prayers as this one-year anniversary passes, and keep his family, his wife, Corey, and his children in your prayers as they try to deal with their loss of a wonderful husband and dad. And your will be done, amen. CHAIRMAN COYLE: Thank you. Would you please join me in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- Page 2 March 22-23, 2005 CHAIRMAN COYLE: County Attorney, do you have any comments concerning today's agenda? MR. WEIGEL: Just one. Patrick White, are you here? MR. WHITE: Yes. MR. WEIGEL: Okay. Patrick's going to make a note for the record in regard to an item which is going to be continued. MR. WHITE: Good morning. Assistant County Attorney, Patrick White. Mr. Chairman, Commissioners, today we were scheduled to hear the second of two matters pertaining to the special LDC cycle for sidewalks, and I just wanted to note on the record that we will be continuing that matter until tomorrow at nine a.m. in these chambers, and I will make a similar announcement tomorrow at the time, and at that time enter into the record the Affidavit of Publication that is the official notice of the hearing for today. And just in order to be sure that we were not going to have any challenges, we're just putting this on the record today. I appreciate your indulgence. Thank you. CHAIRMAN COYLE: Thank you. Is that all, County Attorney? MR. WEIGEL: That's all. CHAIRMAN COYLE: Okay. Thank you. County Manager? MR. MUDD: Mr. Chairman, Commissioners, the agenda changes, Board of County Commissioner's meeting, March 22nd, 2005. First item is to withdraw item 6B. That was a public petition request by Skip Freeman to discuss the Everglades Conservation Club, and that withdrawal was at the petitioner's request. The next item is item 8B. This item will be heard at one p.m. on 22 March 2005. The title on the agenda index incorrectly states, this Page 3 March 22-23, 2005 item will be heard immediately following item 7B. So the order on that particular item is, 8B will be heard starting at one o'clock followed by 7B. That's at staffs request. The next item is item 8E. The title on the agenda index for this item incorrectly makes reference to greenways and should be removed. It is not part of the LDC text being amended. The backup material is correct, and that's at staffs request. Next item is item 10D on page 3. In the paragraph labeled one, the letter E was skipped. This has been corrected, and the original document to be signed is correct, and that correction was done at staffs request. The next item is item lOG. Paragraph C under considerations of the executive summary should read: C, legal, purchasing, and/or finance department guidance: A recommendation for a conditional award of this project is being made because it will be funded by a low interest rate, approximately 3 percent, State Revolving Fund Loan, that's an SRF. One of the specific requirements for eligibility under the SRF program requires the RDEP provide the final approval, authorization to incur costs, and authorization to the board to execute the construction contract with the low responsive -- responsive responsible bidder. This conditional award will allow the county to secure the bid pricing, and upon written notification by the Florida Department of Environmental Protection, the board chairman may execute the construction contract. The county attorney's office will approve the contract prior to the chairman's signature. This has been reviewed with the clerk's office, and they have no issues with the approach being recommended, and that's at staffs request. Next item is on -- is add -- it's an add-on item, 10H, and that is a recommendation to adopt a resolution opposing House Bill 1325 and Page 4 March 22-23, 2005 any similar Florida statute that will severely limit all governmental authorities from providing cable and telecommunications services as well as acquiring, and in brackets, or even contracting with, taxpaying water and! or wastewater entities including requiring the acquiring government to continue to pay ad valorem and other taxes being paid by the tax paying entity and regarding all such services that the Florida Public Service Commission must rule in favor of the taxpaying entity, and that's at staffs request. The next item is item 16A 11, and it is moved to the regular agenda and is continued to the April 12th, 2005, BCC meeting. It's a recommendation to approve resolution 2005, creating the Habitat Conservation Plan Advisory Committee. It was moved to the regular agenda at the request of Commissioners Henning and Coletta. It was continued to the next meeting, because it's probably going to be controversial and rather lengthy, at the county manager's request, because this agenda is quite full and having an item that's going to take about two hours on it would just be folly. We wouldn't get to it. So we need to continue this particular item. The next item is item 16B 1. The purchase agreement for this item was not attached as backup in the printed copies. All commissioners have been provided copies of this purchase agreement, and copies are available to the public. It will be made part of the record, and a copy will be given to the court reporter, and that's at staff s request. The next item is item 16B2, and it's continued to the April 12th, 2005, BCC meeting. It's a recommendation to approve the purchase of parcels number 119, 719, and 719 A, required for the construction of the six-Ianing of Collier Boulevard, County Road 951, from Golden Gate Boulevard to Immokalee Road. It's project number 65061, capital improvement element number 37, and that's at staffs request. The next item is item 16B9. The title on the index incorrectly Page 5 March 22-23, 2005 reads, approve a budget amendment to transfer $1,967,444.62. The executive summary and backup material reflect the correct amount, which is $1,354,447.90, and that correction is made at the staffs request. The next item is an item of note. All items under paragraph 14 and 16G on your agenda, the BCC will be acting as the Bayshore/Gateway Triangle CRA under those matters. The next item is to move item 16G 1 to 14A, and that is a recommendation to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director Employment Agreement between the community redevelopment agency, CRA, and David L. Jackson, and that's at staffs request. There's a couple -- there's a couple more issues that aren't on your change sheet, and I'd ask for your attention on these two matters. The next item is to move item 16B5 to 10I, and that's at staffs request, and that item reads, it's a recommendation to approve amendment number three to extend the time and amount of the contract for professional services agreement by PBS&J, Inc., for the Goodlette-Frank Road improvement project from Pine Ridge Road to Vanderbilt Beach Road, project number 60134, fiscal impact $152,197. And, again, that move is at staffs request. There seems to be some questions, and we to need to clear it up for the record. And the next item, I was approached as I walked into my office this morning by the two parties that have been negotiating as part of the -- I want to make sure I get it right -- the Silver Lakes action, which is item 8G. They've been working to the wee hours of the night. They called Mr. Schmitt at 9:30 last night, and they have an agreement. There are changes to one page. And, Commissioners, that's been worked out, and unless there's somebody that's going to speak against 8G and the agreement that they made -- and Sue, do they have __ Page 6 March 22-23, 2005 MS. FILSON: I have no speakers so far. MR. MUDD: Nobody speaking? This item could move back to the summary agenda, and that's up -- that's up to the board. COMMISSIONER FIALA: Board members? CHAIRMAN COYLE: Yeah. I just want to clarify a procedural matter. David? MR. WEIGEL: Go right ahead. CHAIRMAN COYLE: With respect to this issue that the county manager just mentioned about the possibility of moving it to the summary agenda if there are no public speakers, at what point in time can we make that determination? MR. WEIGEL: Well, it would be appropriate to make that determination now so that the summary agenda would be handled with the consent agenda. One question would be, are there changes that the board has not seen, notwithstanding that there are no public speakers? Any changes to that item? MR. MUDD: There is the one sheet issue, and Mr. Nadeau will summarize that for you if the board would like. MR. NADEAU: Yes. For the record, Dwight Nadeau representing both the Silver Lakes Property Owners' Association and Conquest Development. There is additional language related to a turnover of conservation area. I'll read it to you, into the record, and then I will hand out sheets to you individually. It would be on page 88 of the PUD part of your agenda package, and I quote, the real property described in that certain conservation easement recorded in the Official Records Book 3242, pages 0981 through 0987, of the public records of Collier County, shall be conveyed to the Silver Lakes Property Owners' Association, Inc., by delivery of execution deeds on or before March 8th, 2009. If it meets the pleasure of the board, I can give you copies of this additional page, or the additional section. Page 7 March 22-23, 2005 CHAIRMAN COYLE: Is Mr. Pires here? MR. NADEAU: Yes, he is. CHAIRMAN COYLE: I'd like Mr. Pires to come up to the mike, and I would like for both of you to state on the record that your respective clients have reached agreement on this issue. MR. PIRES : Yeah. For the record, Tony Pires, representing the Silver Lakes Property Owners' Association, and unequivocally yes, we have reached agreement. We worked until late last night, like Mr. Mudd indicated. Mr. Schmitt even replied about 9:30 or so last night to our e-mails as we went back and forth. CHAIRMAN COYLE: Are either of you aware of anyone who disagrees with this agreement? MR. PIRES: No, sir. MR. BROCK: Not from my end, Commissioner. CHAIRMAN COYLE: Okay. Thank you very much. MR. PIRES: Thank you very much, Mr. Chairman. CHAIRMAN COYLE: Thank you. Okay. What is your pleasure? Have you finished -- MS. STUDENT: Mr. Chairman? MR. MUDD: If you could get with Marjorie and act on this item, and then I'll just go over the time certains. MS. STUDENT: For the record, Marjorie Student, Assistant County Attorney. All I would like is for Mr. Nadeau to certify that the deed references to the OR book and page are correct for the record so we can get that PUD signed and so forth, and if there's a problem down the road, they'd certify to its correctness. Thank you. CHAIRMAN COYLE: Okay. Thank you. MR. NADEAU: Again, Dwight Nadeau, for the record, representing the applicants. I will certify that the citation of the official records of Collier County is accurate. CHAIRMAN COYLE: Okay. Thank you very much. MR. NADEAU: Thank you. Page 8 March 22-23, 2005 CHAIRMAN COYLE: Is there any objection by any commissioner to moving this to the summary agenda? COMMISSIONER HALAS: No. CHAIRMAN COYLE: Okay. We're moving it to summary agenda. MR. MUDD: Commissioner, there are a total of four time certains for today. The first time certain is at 9:30, and that is your annual -- or your four-year report on five -- on lOB, which is five of your advisory boards and the Planning Commission. The next item would be -- is an 11 o'clock time certain, and that is 13A, which is your report on the annual audit by the clerk's office. The next item is a noon time certain, and that is a closed-door session, and that is item 12A. And then at one o'clock today we have items 8B and 7B, which have to do with the two items on Coconilla. If there is anybody in the audience today for a land use petition, anything under paragraph 7 or paragraph 8, other than 8B or 7B, those items will be heard starting tomorrow at nine o'clock in this chamber, okay, because the board will continue to then. This is a pretty -- pretty busy agenda, and we didn't want people sitting here all day long as you work through a rather lengthy Coconilla process this afternoon. So any 7 A -- any paragraph 7 or 8 paragraph other -- 8 items other than 8B or 7B will be heard tomorrow starting at nine o'clock in these chambers. That's all I have, sir. CHAIRMAN COYLE: Okay. Thank you very much. Commissioners, I'm going to ask you for ex-parte disclosure on the summary agenda and for any changes to the regular agenda. Commissioner Halas? COMMISSIONER HALAS: I have no changes on today's Page 9 March 22-23, 2005 agenda, and as far as the summary agenda, I have no disclosures. COMMISSIONER COLETTA: Yes. And I have no changes on the regular agenda. As far as the summary agenda goes, for 1 7 A I have received e-mails, I have had meetings and phone calls, and it's in my folder for anyone that wishes to see it. And as far as 17B, that one I have had numerous letters, e-mails, meetings, phone calls, and talked to staff, and it's in my folder if anyone wishes to see it. COMMISSIONER HALAS: I have a correction. I did meet with the -- some individuals that were working with the Silver Lakes PUD. Sorry about that. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: I have no changes to today's agenda. I do -- I did received an e-mail from the petitioner on 17 A, also received an e-mail from Mr. Pires on 17B. That's all I have. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes. 17 A, I've had meetings with different people regarding Arrowhead, and that was quite a while back but I wanted to put them on the record. And 17B, which is Silver Lakes, I've had many meetings with the petitioner, with the residents, I've gone to their homes, and many e-mails and phone calls as well, so that will all be on the record for people to see. CHAIRMAN COYLE: Okay. Thank you very much. I have also received e-mails, I've had meetings with the petitioners of both sides on 17B. All of my correspondence, e-mails, and meetings are contained in my public file for 17 A and 17B. I do have one change I would like to request. I would like to move item G2 to the regular agenda. COMMISSIONER FIALA: Sixteen? CHAIRMAN COYLE: Yeah, 16G2, sorry. Page 10 March 22-23, 2005 MR. MUDD: That would be item 14B. CHAIRMAN COYLE: 14B. MR. MUDD: Yes, sir. COMMISSIONER FIALA: What is that topic? CHAIRMAN COYLE: That's the grant -- CRA grant award. I merely have some procedural issues, not so much a problem with the award itself. MR. MUDD: That item was a recommendation to approve and execute the site improvement grant agreement between the CRA and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. CHAIRMAN COYLE: Okay. Very well. Then is there a motion to approve the agenda as revised today? COMMISSIONER HALAS: So move. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion 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: It is unanimous. Page 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 22. 2005 Withdraw Item 6B: Public Petition request by Skip Freeman to discuss the Everglades Conservation Club. (Petitioner request.) Item 8B: This item will be heard at 1 :00 p.m. on March 22, 2005. The title on the agenda index incorrectly states, "This item to be heard immediately following Item 7B". (Staff request.) Item 8E: The title on the agenda index for this item incorrectly makes reference to "greenways", and should be removed as it is not part of the LDC text being amended. The backup material is correct. (Staff request.) Item 100: On page 3 in the paragraph labeled 1., the letter (E) was skipped. This has been corrected and the original document to be signed is correct. (Staff request.) Item 10G: Paragraph C under Considerations of the Executive Summary should read: C. Legal, Purchasing, and/or Finance Department Guidance: A recommendation for a conditional award of this project is being made because it will be funded by a low interest rate (approximately 3%) SRF loan. One of the specific requirements for eligibility under the SRF program, requires that the RDEP provide the final approval, authorization to incur costs, and authorization to the Board to execute the construction contract with the low responsive, responsible bidder. This conditional award will allow the County to secure the bid pricing, and upon written notification by the FDEP, the Board Chairman may execute the construction contract. The County Attorney's Office will approve the contract prior to the Chairman's signature. This has been reviewed with the Clerk's Office and they have no issues with the approach being recommended." (Staff request.) Add On Item 10H: Recommendation to adopt a Resolution opposing House Bill 1325, and any similar Florida Statues, that will severely limit all governmental authorities from providing cable and telecommunications services, as well as acquiring (or even contracting with) tax-paying water and/or wastewater entities, including requiring the acquiring government to continue to pay ad valorem and other taxes being paid by the tax paying entity, and regarding all such services, that the Florida Public Service Commission must rule in favor of the tax-paying entity. (Staff request.) Item 16A11 is moved to the reaular aaenda and is continued to the Aoril12. 2005 BCC meetina: Recommendation to approve Resolution 2005 _ creating the Habitat Conservation Plan Advisory Committee. (Moved - Commissioners Henning and Coletta request.) (Continued - County Manager request.) Item 16B1: The purchase agreement for this item was not attached as backup in the printed copies. All Commissioners have been provided copies of this purchase agreement and copies are available to the public. It will be made a part of the record and a copy given to the court reporter. (Staff request.) Item 16B2 is continued to the April 12. 2005 BCC meetina: Recommendation to approve the purchase of Parcels Nos. 119, 719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). (Staff request.) Item 16B9: The title on the index incorrectly reads ". . . approve a budget amendment to transfer $1,967,444.62. .." The Executive Summary and backup material reflects the correct amount which is $1,354,447.90. (Staff request.) All Items under Paraaraph 14 and 16G - the BCC is acting as the Bayshore/Gateway Triangle CRA. Move item 16G1 to 14A: Recommendation to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. (Staff request.) March 22-23, 2005 Item #2B and Item #2C MINUTES OF THE FEBRUARY 22, 2005 BCC/REGULAR MEETING AND THE MINUTES OF THE MARCH 1,2005 BCC/AIRPORT AUTHORITY WORKSHOP MEETING- MER OVEn AS ffi.ES.ENIED Are there motions to approve the agenda, or the minutes of the February 22nd, 2005, BCC regular meeting and the March 1st, 2005, BCC Airport Authority workshop? COMMISSIONER COLETTA: So move. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, second 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: Okay. County Manager, we move on to service awards. Item #3 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) MR. MUDD: Yes, sir. Would you like to do them from up there or do you want to come up here? CHAIRMAN COYLE: We have two. We'll do them from here. MR. MUDD: Okay. We have two. Page 12 March 22-23, 2005 The first service awardee is a 25-year employee, and that's Mary Jo Thurston from Utility Billing and Customer Service. CHAIRMAN COYLE: Mary Jo, come on up. (Applause.) CHAIRMAN COYLE: Shake hands with all the other commissioners, then we'll turn around and get you a picture. MR. MUDD: This is the hardest part, when we get all the commissioners to smile. CHAIRMAN COYLE: Now there's a five-minute speech. Thank you very much. MR. MUDD: Thanks, Mary Jo. (Applause.) MR. MUDD: The next service award is a 30-year employee, and that's Henry Bickford of Transportation Road Maintenance. (Applause.) CHAIRMAN COYLE: Congratulations. COMMISSIONER FIALA: Are you a relative of Harry Bickford? COMMISSIONER COLETTA: Congratulations. Look forward to the next 30. COMMISSIONER HALAS: Thank you for 30 years of service. Thank you so much. MR. MUDD: Henry, you have to smile, too, now. Thanks, Henry. (Applause.) Item #4A PROCLAMATION TO DECLARE THE MONTH OF APRIL 2005, MR. MUDD: Commissioner, that brings us to proclamations. Page 13 March 22-23, 2005 The first one is 4A. It's a proclamation to declare the month of April 2005 as Call Before You Dig Month, to be accepted by Mr. Lynn Daffron from Sprint and Mr. Al VanderMeulen of the Public Utilities Division, its locate section. If you could please come forward. COMMISSIONER HENNING: Whereas, each year in Florida lives are endangered and time and money are wasted, and property is destroyed because people fail to have their underground facilities located before engaging in excavation and demolition; and, Whereas, Governor Jeb Bush recently issued a proclamation endorsing protection of underground utilities and the observation (sic) of Call Before You Dig Month, the month of April 2005; and, Whereas, "Call Sunshine, II a one-call center that notifies participating utility agents of planning engagement (sic) in excavation or demolition, a free service to professional contractors as well as homeowners to dig -- digging in their yards; and, Whereas, Collier County advocates enforcement and compliance of (sic) the Florida statutes and local ordinance in regarding (sic) protection underground utility; and, Whereas, the planning of any type of excavated demolition (sic) should notify "Call Sunshine," and if the line must be located, personally (sic) will be sent to mark the location of the line at no cost to the inquiring property -- party; and, Whereas, Collier County recognizes Collier County and the City of Naples Underground Damage Prevention Task Force as a group of utility providers and local government agencies that are dedicated to protect (sic) the underground facilities and the community's infrastructure through education and enforcement. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that the month of April 2005 be designated as Call Before You Dig Month. Do you dig it? Done in this order day (sic) of 22nd March, 2005. Page 14 March 22-23, 2005 Motion to approve, Mr. Chairman. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Henning, a 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: It's unanimous. Thank you very much. (Applause.) MR. MUDD: Okay. We need a picture, if you could. You guys have to smile, too. Thank you. Would you like to say a couple words? That's fine then. MR. DAFFRON: Lynn Daffron, Collier County Task Force. Briefly I would say that this pretty well sums it up as to what we're aimed at and targeted at. I will tell you that, once again, Collier County leads the way in the state. Over the past year we have developed a citation specific for this statute. Unfortunately when education doesn't go far enough, sometimes law enforcement's necessary. So in the interim, we have probably issued someplace in the neighborhood of 250 citations in this county. We want to prevent the citizens of Collier County from experiencing these costly delays in services and these outages. It's very necessary that these folks pay attention to the statute to protect life and property. This is a very important thing, and thank you all. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Thank you. Page 15 March 22-23, 2005 Item #4B PROCLAMATION TO DESIGNATE THE MONTH OF APRIL 2005, AS SEXUAL AS SAUL T AWARENESS MONTH AND TO INCLUDE THURSDAY, APRIL 7, 2005, AS SEXUAL ASSAULT AWAIDThffiSSnAY-A~ MR. MUDD: The next proclamation is 4B. It's a proclamation to designate the month of April 2005 as Sexual Assault Awareness Month, and to include Thursday, April 7th, 2005, as Sexual Assault Awareness Day. To be accepted by Jamie Willis, S.A.P.E. coordinator. Jamie, if you'd come on up. COMMISSIONER HALAS: You're doing great. COMMISSIONER FIALA: Whereas, sexual assault continues to be a major social crisis in our society; and, Whereas, every woman faces the threat of potentially becoming a victim; and, Whereas, sexual assault affects every child and adult from ages 4 to 94 years of age in Collier as a victim or survivor, or as a family member, significant other, neighbor, or co-worker of a victim or survivor; and, Whereas, volunteers and service providers in our community are working to provide a continuum of care to sexual assault survivors through 24- hour hot lines, counseling, support groups, advocacy, medical care, and education; and, Whereas, Project Help, Incorporated, Crisis Center seeks to improve services for victims and survivors of sexual assault and prevent future sexual assault through public awareness and services for victims; and, Whereas, this community recognizes the vital importance of designating a time devoted to increasing the general public's Page 16 March 22-23, 2005 awareness and supportive of agencies providing services to rape victims; and, Whereas, Project Help, Incorporated, Crisis Center holds forth a vision of a community free from sexual violence. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 2005 be designated as Sexual Assault Awareness Month and to include Thursday, April 7th, as Sexual Assault Awareness Day and urge all citizens to take part in activities and observances designed to increase awareness of the epidemic that affects us not just on a societal level, but a personal level as well. Done and ordered this 22nd day of March, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Mr. Chairman, I move to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve, and second 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's unanimous. Congratulations. Thank you very much. (Applause.) CHAIRMAN COYLE: Would you like to say something? MR. MUDD: If I could get a picture first, that would be good. CHAIRMAN COYLE: Oh, yes. Okay. MS. WILLIS: I'm not very good at impromptu speeches, so I had to write mine down. Page 1 7 March 22-23,2005 Good morning, Council, and I'd like to thank you for this opportunity. My name is Jamie Willis, and I'm coordinator for the rape crisis program and counselor here in Collier County. S.A.P.E. stands for sexual assault practitioner's examination. On behalf of Beth Canocky (phonetic), our executive director, our wonderful board of directors, our dedicated volunteers, and all of the incredible people that I work with at Project Help Crisis Center, our Collier County Sheriffs Office and their fabulous detective agency, and all of your sexual assault survivors everywhere from ages 4 to 94, again, I'd like to thank you for this opportunity. Daily staff and volunteers hear the screams and see the anguished tears of our clients. It is a humbling honor to work with people who are surviving some of life's most traumatic crises and to witness the magnificent triumph of the human spirit. Together we walk the pathways of hope and healing, and our clients become our heros. So on behalf of the thousands of men, women, and children that we have counseled in the past 20 years, thank you. CHAIRMAN COYLE: Thank you. (Applause.) Item #4C PROCLAMATION TO DESIGNATE THE MONTH OF APRIL AS MR. MUDD: Commissioner, the next proclamation is proclamation 4C. It's a proclamation to designate the month of April as water conservation month to be accepted by Paul Mattausch, the water department director. COMMISSIONER HALAS: Paul, is any of your other people here from the water department? If they are, I'd like to have them Page 18 March 22-23, 2005 stand. MR. MATTAUSCH: Just me this morning. COMMISSIONER HALAS: Just yourself? MR. MATTAUSCH: Yes, sir. COMMISSIONER HALAS: Well, I want to thank you for your dedicated service here. Whereas, water is a basic and essential need in every living creature; and, Whereas, the State of Florida water management districts and Collier County are working together to increase awareness about the importance of water conservation; and, Whereas, Collier County and the State of Florida have designated April, typically the dry month, when water demands are most acute, Florida's water conservation month, to educate citizens about how they can help save Florida's precious water resources; and, Whereas, Collier County has always encouraged and supported water conservation through various educational programs and special events; and, Whereas, every business, industry, school, and citizen can make a difference when it comes to conserving water; and, Whereas, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April be recognized as Water Conservation Month and World Water Day around the globe. Collier County, Florida, is calling upon each citizen and business to help protect our precious resources by practicing water saving measures and become more aware of the need to conserve water. Done and ordered this day, the 22nd day of March 2005, by the Board of County Commissioners, Fred W. Coyle, Chair. I move that we approve this proclamation. Page 19 March 22-23, 2005 CHAIRMAN COYLE: Motion by Commissioner Halas. Second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: 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: It carries unanimously. (Applause.) CHAIRMAN COYLE: Thank you very much, Paul. Paul, are you going to speak to us? MR. MATTAUSCH: Yes, sir. CHAIRMAN COYLE: Okay. MR. MATTAUSCH: Never pass up this opportunity. CHAIRMAN COYLE: You have 30 seconds. MR. MATTAUSCH: That's all I'll take. Commissioners, for the record, Paul Mattausch, Water Department Director. Thank you very much for this proclamation this morning. You know, we get up every morning and we use this most valuable resource of Southwest Florida. We brush our teeth with it, take our showers, fix our breakfast, clean our dishes, flush our toilets, and irrigate our lawns with this most valuable resource. And I just want to take this opportunity to our consumers of this resource to remind them to conserve. I tell the story, I have a two and a half year old grandson who was the first family member born here in Florida, and I want him to grow up not having to worry about whether water is going to come out of the faucet every morning. So thank you for this proclamation. This is appropriate on this Page 20 March 22-23, 2005 day. It is Wodd Water Day. April is conservation month, and we want to remind everybody to be aware of your water use, be aware of conservation, and remember that Fridays are dry days. Thank you very much. CHAIRMAN COYLE: Thanks, Paul. Thanks for all your good work, too. (Applause.) MR. MUDD: Commissioner, the next one -- we have a special presentation, I believe. Item #5B CHAIRMAN COYLE RECOGNIZES JIM MITCHELL WITH A PLAQUE FOR HIS OUTSTANDING SERVICE TO COLLIER COI.IN.TY - -eRESENIEJ) CHAIRMAN COYLE: Yes, we do. Jim Mitchell is here, I see. Jim, would you like to come up and stand in front of us? Jim Mitchell has been with the Collier County Clerk's Office since February 1994, for 11 years, first as internal audit director and then as finance director. Jim is an outstanding example of service to the goals of the clerk's office, to the public officials, and staff of county government and to the citizens of Collier County. His knowledge and understanding of government finance spreads across all of the areas of the 947 functions of the clerk's office. His efforts in initiating the new financial accounting system's application project, the implementation of revision seven to Article V, which changed the process of state court funding, and the management of county investments are but three of the most obvious of Jim's responsi biliti es. We wish him well as he undertakes new tasks with a new Page 21 March 22-23, 2005 organization. Jim, thank you very much for 11 years of service. And here is a plaque that I hope you'll hang on the wall of your new office. MR. MITCHELL: Absolutely. (Applause.) MR. MUDD: Thank you. CHAIRMAN COYLE: If you'd like to say anything, Jim, please feel free to do so. MR. MITCHELL: Let me just say after 11 years, it's pretty hard to leave. You know, this job has given me the opportunity to grow both professionally and personally, and I'd like to personally thank Dwight Brock and also the board members up here, and wish nothing but the continued success of this great community. CHAIRMAN COYLE: Thank you very much, Jim. (Applause.). CHAIRMAN COYLE: We have a-- MR. MUDD: Time certain. We have a time certain at 9:30. Do you want to finish the next two items before we go there? CHAIRMAN COYLE: Yeah, we'll do that. Yes, we'll do the next presentation, then we'll go to the time certains. We're running a little over time for those people who are waiting, but we'll get there. Item #5A RECOGNIZED JANET GO, RECYCLING COORDINATOR, SOLID WASTE MANAGEMENT, AS EMPLOYEE OF THE MONIH.EOR MARCH, 200~ MR. MUDD: Yes, sir. The presentation then is a recommendation to recognize Janet Go, recycling coordinator, solid waste management, as Employee of the Month for March 2005. And if Ms. Go could come forward, please. Page 22 March 22-23, 2005 (Applause.) MR. MUDD: Right in the middle. Janet has a remarkable knowledge of overall county processes and procedures along with a history of internal workings of the solid waste management department. Janet has been with Collier County for 15 years and during that time has acquired not only the knowledge to complete her own job task, but also the knowledge to assist in other areas. Janet displayed exemplary customer service with internal -- both internally and externally. Janet goes beyond and -- her duties of a recycling coordinator by mentoring and teaching new employees and by providing her skills to complete tasks associated with finances. In the summer of 2004, the administrative assistant in the department retired after 20 years with Collier County. During this transition period, in addition to her own duties, Janet stepped up to the plate to assist with the payroll entry, paying invoices, and entering blanket purchase orders into the system. Janet continues to share her experience and knowledge on a daily basis and she is always ready to lend a helping hand. Janet has streamlined the annual Florida Department of Environmental Protection Municipal Solid Waste Collection and Recycling Report over the past three years so that it takes fewer employee hours and is understandable to others in the department. This has been a cost savings to Collier County. As a proj ect manager for the 2004 waste tire grant, Janet identified a vendor with an innovative use for recycled tire material -- recycled tire material that was installed on one of the soccer fields in the Vineyards Community Park. The project received media and trade association attention. Janet holds a recycling technical associate certification from the Solid Waste Association of North America. She recently had an article published in the Recycle Florida Today newsletter. Page 23 March 22-23, 2005 Janet is a member of the Collier Environmental Education Consortium, Inc., and is currently secretary to Keep Collier Beautiful. Janet's knowledge, dedication, and good will make her a wonderful asset to the community and Collier County Government, and I'd like to present Janet Go as Employee of the Month for March 2005. CHAIRMAN COYLE: Good. Thank you very much, Janet. I have a plaque for you. Probably more important, a check. Doesn't she get a free parking space somewhere out here? MR. MUDD: No, sir, not unless you're giving yours up. CHAIRMAN COYLE: She said yes. COMMISSIONER COLETTA: You can have Commissioner Coyle's. CHAIRMAN COYLE: Thank you very much. It's the one on the left, all the way on the left. COMMISSIONER HALAS: Thank you. COMMISSIONER FIALA: I love that recycled material, by the way. They should put it in all the playgrounds, don't you think? COMMISSIONER HENNING: I have a tire in my truck. MS. GO: Do you want me to pick it up right now? COMMISSIONER HENNING: I don't have my truck. MR. MUDD: You have to take a picture. (Applause.) CHAIRMAN COYLE: Okay. That brings us to the time certain item, right? Item #10B REVIEW OF THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR REVIEW IN 2005 IN ACCORDANCE WITH ORDINANCE NO. 2001-55, INCLUDING THE COASTAL ADVISORY COMMITTEE, Page 24 March 22-23, 2005 COLLIER COUNTY PLANNING COMMISSION, DISASTER RECOVERY TASK FORCE, OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE, AND THE SMART GROWTH ADVISORY COMMITTEE - ALL APPROVED AS MR. MUDD: Yes, sir. We have a time certain item, that is item 10B. This item to be heard at 9:30 a.m. on March 22nd, 2005, and it's 9:41. Recommendation to review the written and oral reports of the advisory boards and committees scheduled for review in 2005 in accordance with ordinance 2001-55, including the Coastal Advisory Committee, Collier County Planning Commission, Disaster Recovery Task Force, Ochopee Fire Control District Advisory Committee, and the smart growth -- and the Smart Growth Advisory Committee. Ms. Winona Stone, assistant to me, will present. MS. STONE: Good morning, Commissioners. As you're aware, in accordance with ordinance 2001-55, your numerous advisory boards and committees are up for review every four years on a rotating schedule. The purpose of the reviews is for you to determine if the existing advisory boards and committees continue to address the issues for which they were established and to determine if any revisions are necessary to have them function more efficiently and effectively. This year you are reviewing 11 committees, of which you reviewed six at your March 8th meeting. There are five committees remaining for your review today, those are the Coastal Advisory Committee, the Collier County Planning Commission, the Disaster Recovery Task Force, Ochopee Fire Control District Advisory Committee, and Smart Growth Advisory Committee. The written reports are included in your agenda packet. And after each presentation, we are requesting that you make a Page 25 March 22-23, 2005 recommendation either to accept the committee's report as presented or propose any changes that you would like to have occur with that committee. If there are no further questions at this point, I'll introduce your first speaker. Mr. Ron Pennington is here to present. He's chairman of the Coastal Advisory Committee, and the report is found on page 4 in your item. Mr. Pennington? MR. PENNINGTON: Thank you. Good morning, Chairman Coyle, Commissioners. I'm Ron Pennington, Chairman of the Coastal Advisory Committee, often termed the C-A-C or the CAC. Your Coastal Advisory Committee is working hard to assist you in maintaining Collier County's world-class beaches. The CAC is the successor organization to the City of Naples beach renourishment and maintenance committee established in 1991, which I was also privileged to chair. That committee provided the implementation and oversight for the renourishment of Vanderbilt and Naples Beaches in 1995 and '96. The CAC was created as a cooperative venture with Collier County and the Cities of Naples and Marco Island to assist the Board of County Commissioners in establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the board and the TDC of funding sources available for restoration and protection of the county's shoreline. Although there are unique differences and characteristics of the beaches within our three local government entities, there are common concerns. When we consider that many of those grains of sand that are presently being moved along Lely Barefoot Beach will sometime become resident on the shoals of Cape Romano, we realize we're all Page 26 March 22-23,2005 part of a common beach system in which cooperation in a unified approach to beach maintenance is essential. The committee is composed of nine members, three each from the unincorporated Collier County and the Cities of Marco Island and Naples. Members are to possess familiarity with coastal process, inlet dynamics and coastal management programs or demonstrate an interest in such programs, relevant education and experience. Current members are, from City of Naples, myself as chairman, Councilman John Sorey and Murray Hindel. From the City of Marco Island, Councilman John Arceri as vice chairman, James Snediker, and Paul Sullivan. From the unincorporated, Anthony Pires and Heidi Kulpa, with a vacancy having two applicants, which we will consider at our next regular meeting. We review and analyze all beach-related tourist development category A grant and funding allocation requests and make recommendations to the TDC and the board. In calendar year 2004, we reviewed, analyzed, and made recommendations on 39 requests totaling almost $26 million. This is not a cursory review but examines the technical aspects for use of funds and ensures it meets the funding policy criteria established by the Board of County Commissioners. Additionally, the committee analyzes the needs of Collier County for management of its coastal resources and makes recommendations for improvement to the Board of County Commissioners. I believe the county manager has initiated action to establish an entity for oversight and management of all the county's coastal resources as we had recommended. As recently approved by the Board of County Commissioners, we have initiated an analysis to development tourist development tax funding parameters for all the inlets of the county. The committee maintains a continuing oversight of all projects in process with a program review at each regular meeting, and a special Page 27 March 22-23,2005 meeting if required for a particular proj ect. We review and make recommendations in all consultant reports and recommendations concerning coastal projects. We are currently working with the major renourishment project for Vanderbilt and Naples Beaches, dredging of Wiggins Pass and Doctors Pass, renourishment of Clam Pass Beach Park and related dredging of Clam Pass, renourishment of Hideaway Beach and installation of shore protection T -Groins, renourishment of South Marco Island Beach and dredging Caxambas Pass. Collier County Ordinance 2001-03 established the objectives and responsibilities for the CAC. This committee is functioning well as intended in meeting those goals and is providing a necessary service to the Board of County Commissioners and to the Collier County community . Thank you very much for this opportunity to serve. I'll be happy to respond to any questions. CHAIRMAN COYLE: Questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes. I just wanted to ask you, Mr. Pennington, why can't we expand the scope to your committee to also cover beach access? It seems like that would be a natural venue to go to. MR. PENNINGTON: Well, I know this has been looked at, and we certainly have had occasion to speak to the elements of that, but we felt this board made a decision a year ago last December on splitting that out, and that access was solely a responsibility of the parks and recreation board, and you established a funding for that particular purpose at that time. And for us looking at access in addition to the maintenance of the beaches, we think, would be a diversion really. Our concerns are ensuring that our beaches are maintained, and we certainly share the community's certain about access. Being a person, a resident of the City of Naples with our 40 Page 28 March 22-23, 2005 public accesses, we'd like to see a lot more of them around to share the load. So it is that kind of concern, but trying to bring that in with our other things that we are doing, we feel, is a bit much. COMMISSIONER COLETTA: Mr. Pennington, didn't you weigh in at your committee as far as the Tigertail Bridge they were talking about to go out to Sand Dollar Island? It seems like that you did weigh in on. So I'm kind of confused how you're picking and selecting certain issues to weigh in on, others you're not. MR. PENNINGTON: Well, it wasn't really that selective, and I did note Commissioner Henning's comment in that regard, too. But initially, when this came to us, I agreed with Commissioner Henning's comment. We had at a meeting a number of citizens that came before us during the public comments portion of the meeting and requested that we get involved in that, and I declined. I said, no, that is not our area of responsibility. That's Parks and Rec. I don't want to get into their business. I don't want them getting into ours. And I didn't feel that we should do so. At the next meeting I had -- some of the other committee members took exception to my statement and said, well, according to our assigned responsibilities, we are responsible for projects on the beach. And as I looked at it -- and I had done some reconsideration on this. What was being proposed, as we understood it, was that there would be two structures actually on the beach and then other structures crossing a lagoon, and these certainly have a physical impact. They also have an impact on the habitat, which is another area of our assigned responsibilities. So I agreed that we would look at the matter, and at our next meeting we had as an agenda item for information only to gain more knowledge about what was being proposed, and we had a representative from Parks and Rec. that spoke to us about it, and they cited that they would soon be receiving the consultant report, and Page 29 March 22-23, 2005 which they would provide to us. At the next meeting, we did have the consultant report, which we examined. Then I had members of our committee feeling that we should take a position, as the TDC had done, in saying, we think that this should be terminated. So then I was directed to write the letter that you all received stating our position. So that's how we got in it. But we looked at it not from an access aspect, but as to impact -- physical impact on the beach and lagoon. COMMISSIONER COLETTA: Yeah. My personal feelings are, is that the responsibility of beach access should be spread across many different agencies. I don't think Parks and Rec. should bear the total responsibility with everything that they have, or the Tourist Development Council. I think it's something that we should have many different people looking at, and it shouldn't be something that will take a citizens' group to bring a certain issue forward. Your opinion's respected, your committee's opinion is respected, and we need the citizens' business to be in a more front mode, put it out there as many times as we can and in as many different formats as we can. I hope that your committee will reconsider this in the future and that we might be able to also work you into the program so that your opinions on beach access could be weighed along with everybody else's. Thank you, sir. MR. PENNINGTON: We serve you, the county commission. If you direct us to add that to our areas of concern, we will certainly respond to that. COMMISSIONER COLETTA: Well, I, for one, would like to see that happen. Of course, I'm one commissioner. I don't know how the others feel. Page 30 March 22-23, 2005 CHAIRMAN COYLE: Commissioner Henning? MR. PENNINGTON: Thank you. COMMISSIONER HENNING: The -- and maybe this could be a possible discussion in the future, but my perspective is the Coastal Advisory Board has been dealing with beach renourishment and not beach access over the years, and I think the change from the CAC to the Parks and Rec. Advisory Board, now I've seen some action. I just think it's a logical thing, is, for, you know, the rec. department or advisory board to take a look at that. I appreciate it -- I really sincerely appreciate your comments on -- under the issue with the boardwalk. That issue got on the agenda because it was political. And one of your members e-mailed the Board of Commissioners and stated, because of political pressure of the Friends of Tigertail Beach and that, that's -- you know, they weighed in and made that decision and recommendations. And I appreciate your stance, and if you can adopt the stance of the chairman of the Planning Commission, is, if you want to be a politician, run for the seat. And I just think that's a great stance, and that gets the people back on focus of what they're charged to do. And reading the ordinance is what you were created to do. And I appreciate, again, your stance on focus, and let the politicians do the political work. MR. PENNINGTON: I totally agree with that, Commissioner Henning and -- having been on both sides of that. I would rather stay out of the political realm, and I think our committee -- I was not aware that you had that particular communication, but I think our political -- COMMISSIONER HENNING: It was from a lawyer who should know better also. MR. PENNINGTON: Well, I might know who that was then. I agree, I think that committee and all of our committees -- and I serve on a comparable committee for the City of Naples, and I do not want to get involved in political issues, so I appreciate your comments. Page 31 March 22-23, 2005 COMMISSIONER FIALA: Neither do 1. CHAIRMAN COYLE: Neither do you what? COMMISSIONER FIALA: Want to get involved in political Issues. CHAIRMAN COYLE: Well, let's just adjourn then. Okay. COMMISSIONER HENNING: I find that the CAC is providing a needed value to the community and wish them to continue. CHAIRMAN COYLE: Okay. Is that a motion? COMMISSIONER HENNING: Yeah, that's a motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Then there's a second by Commissioner Fiala. Thank you very much. Commissioners, 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's unanimous. Thank you very much, Ron. Appreciate your service on the board and what the board is doing. MR. PENNINGTON: Thank you all very much. And I also would like to thank the county manager who has been very helpful along the way in providing guidance to us, so thank you. MS. STONE: Commissioners, your next speaker is Russell Budd, he's chairman of the Planning Commission, and the report is found on page 8 of your packet. Mr. Budd? MR. BUDD: Good morning, Commissioners. My name is Russell Budd. I'm here as the chairman of the Planning Commission. Page 32 March 22-23,2005 And in the formal report in your packet you'll note that it lists that we're serving the purpose for which we were created. The board is adequately serving the community needs. There's no other board or agency which would better serve this purpose, and so on and so forth, and you've read all that good stuff, but I want to make some personnel comments relative to the Planning Commission. And in -- a short perspective on where we have been and where we've come from in the context of my nearly 12 years of serving on the Planning Commission. And most significant, we have greatly improved rapport and support from our staff, starting with the regular attendance of Mr. Joe Schmitt as the Administrator of Development Services, where 12 years ago that did not happen. It was delegated down to lower-level staff. Some time ago it was also quite frequent to receive our packages a day or two before the agenda was scheduled to be heard, and they'd also be woefully incomplete, and that's behind us now. We receive our information a week or 10 days ahead of time. It's well prepared. We still give them a hard time and try to find everything they're missing, and sometimes we're successful, but they do a good job at it. The second major thing that's changed is the Planning Commission rapport with county commission in that it was very clear not only from the staff perspective but from the county commission years ago that Planning Commission was an advisory committee with an emphasis on advisory, as in it really doesn't matter, so you can waste whatever time you want, and then it will come to county commISSIon. And I'm pleased that that is a totally different situation today, and it is constantly reaffirming and reassuring for me to spend the time. Because as you know, the Planning Commission is not a very well compensated position, and it is not a worthwhile effort if we pass on recommendations that are not carefully considered. And speaking on behalf of the other Planning Commissioners, we Page 33 March 22-23, 2005 have every confidence that our opinions are carefully weighed and measured. And I don't have any statistics on it, but I'd say the great extent of our recommendations are consistent with the county commission actions on them. And even in those cases where county commission disagrees or reverses whatever recommendations we provide, that's not the least bit upsetting in the context that, as you know, Planning Commission is constrained, very narrowly constrained and very often and accurately reminded by Ms. Marjorie Student and Mr. Patrick White of the county attorney's office that we have to rely on a judgment of the applicability of the land development code, growth management plan, other codes and ordinances, and that's the end of the story. And that, from my own perspective, has put me in a position of voting against proj ects I liked and wanted to have move forward and voting for projects that I really didn't care much for but fell within those constraining guidelines. So we very much appreciate the respect that we're given by the county commission. One of the things that was noted that we're supposed to provide in this report is suggestions for a more efficient and effective operation of our respective advisory groups, and I have three recommendations for the Planning Commission. The first is that there is a stronger emphasis provided on making education accessible to Planning Commissioners. Current policy allows -- for example, if there is a Florida Planning Association meeting, as there was a month or two ago in Gainesville, that the county will reimburse the cost of tuition or registration for that class, but not travel and not meals or any other incidental expenses. So with no meals and no travel, the attendance at the last Florida Planning Association meeting was nobody. And so my request would be that we make more funding available. And Mr. Schmitt has already received an approval from the clerk's office that it's okay there, but he needs to get things wrapped Page 34 March 22-23, 2005 up, and certainly your affirmation would go a long way toward providing some increased funding. But more important than travel money out of town, I'd request that there be an effort made not for an educational event, but an educational process that will only end when we quit issuing building permits and quit rezoning property, which is not going to be in the very near future. An ongoing process, whether it's quarterly or semiannually or annually, that either the Urban Land Institute or Florida Planning Association or the American Planning Association or many other very good professional organizations can be brought here to Collier County, not only to be available to the Planning Commission members, but to the county commission members, to the many interested citizens, because as rapid and dynamic and overwhelming the change in growth in this community, other communities are dealing with it, too, and we don't have to invent everything. We can learn from others, and I don't think we take advantage of that. And, quite frankly, the position of county Planning Commissioner is overwhelming. For those people who don't have an involvement or awareness in the growth and development industry -- excuse me -- industry, to be thrust into the, if nothing else, the sea of acronyms, between the CCPC and CP -- LDC and the GMP and AUIR and FLUA and the CRA and the SIC and the alphabet soup, and you don't know what the heck is going on, it is overwhelming. And I hope you could keep up with all that. I'm sorry. So in addition to education, my second request is that you consider Planning Commissioner certification. It exists in other municipalities in the State of Florida, and I think it's something that should be phased in. I think it's healthy, it's appropriate, that a certain level of continuing education not only be made available, but commissioners -- Planning Commissioners be expected to attend and to achieve that certification level. Page 35 March 22-23, 2005 And then my third comment or request is that for future Planning Commission members, that you consider continuing to have representatives of the construction and development industry serving on the Planning Commission. Myself, I'm a state certified general contractor for over 20 years, I'm quite active building in Collier County, and Commissioner Strain is employed by one of the largest developers in Collier County. We also have Mr. Schiffer who's an active architect in the local community. And the uninformed would recognize that as the foxes guarding the henhouse, but I will put our record up and say that hasn't been a rubber stamp for anybody. COMMISSIONER FIALA: You bet. MR. BUDD: And I think that more of that would be appropriate with, as you will, careful consideration of the applicants. But for someone not involved in the development industry it is an overwhelming, mind boggling amount of data and information that one must come up to speed on, and you just aren't going to get good Planning Commission recommendations if you take somebody in the totally unrelated field with no background, no opportunity for education, no certification, and with all of their heart and soul, they come up and they try to do their best, they just can't. It's too much to ask. So those are my three requests. I think we're doing the best we can, and we appreciate the rapport we have with the county commISSIon. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I just want to say, I want to thank not only yourself but everybody else that has dedicated their time and resources on the Planning Commission. As you brought up, there's no compensation to this. This is strictly voluntary. And I think you take on an awful lot of abuse, too. And the dedication that I see in the last three, four years by the Page 36 March 22-23, 2005 Planning Commission is unbelievable. It's impeccable. And as you said, it used to be a source of where everything was rubber-stamped. I think everything is well scrutinized. It's gone through very carefully. And I know as -- myself, as a commissioner here in Collier County, I really -- I rely heavily on the input that you people put into looking at every one of the items that crosses your desk, and then it's passed on to us. And I weigh -- my vote is weighed heavily by the decisions that come before -- that are passed up to us from the Planning Commission, and I just want to thank you very, very much for you and everyone else on the Planning Commission for the dedicated servIce. Thank you very much. MR. BUDD: Thank you, sir. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Well, Commissioner Halas just about said everything I would like to say, so I'd just like to say, again, I echo what Commissioner Halas has said. I respect everybody on that committee because I know how terribly hard they work. And their opinions and their recommendations are always fair, and I, too, weigh very heavily on what you advise us. Boy, and I expect a lot, too. I mean, you guys weed out all of this stuff so that we don't have to weed it all out. I really appreciate it. MR. BUDD: Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I agree, and I would vote for the three items that you talked about for changes on the Planning Commission. But one thing that concerns me is an item that we're going to be discussing tomorrow, and that's Goodland boat ramp. I viewed that when the Planning Commission was weighing in on it. The concern that I have, and you and I discussed this, is one of the Planning Commissioners said, we need to hold the county higher than Page 37 March 22-23, 2005 any other applicant that comes before this board. What concerns me is, the advisory board doesn't have the ability to spend tax dollars or make recommendations to expend tax dollars. Concerns me is, the recommendations coming forward is because of those comments, that's what the recommendations are. And there's other concerns that I hope that we can get the -- a great viable well-deserved (sic) serving the community, focused on their tasks at what the ordinance says. And, Commissioners, I don't know what to do about that. In the past when I was chairman I asked -- wrote a letter thanking the Planning Commission to -- for their services and also gave them a copy of the ordinance so they can stick to the ordinance. So I guess what I'm saying is, either we change the ordinance for the scope, you know, make it broader, or emphasize how important it is to stick with their duties as an advisory board. MR. BUDD: Commissioner Henning, I would suggest that the solution to that is an ongoing, never-ending process of education, because it is just difficult to keep in focus on what we are constrained to review. And as Mr. Schmitt and Mr. Feder and others here from staffwill readily attest, it is difficult to keep our Planning Commission from turning into a site development plan review or architectural plan review or some other inappropriate review beyond the scope of which we are constrained, and continuing education of all parties involved would help us keep our eye on the target because the target is overwhelming. And you're right, we try to do that and we get out of bounds sometimes. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I don't think there's a commissioner up here that doesn't truly appreciate what the Planning Commission does. I think few people out there in the public Page 38 March 22-23,2005 understand what the sacrifice is that the Planning Commission members make. They attend these meetings during the middle of the work day, they have to leave their jobs, spend many, many hours in the process of guiding the process to reach the commission in a -- fairly close to a final form. And I greatly value the Planning Commission, not only for what they do as a unit, but for the individual members. One of the problems we have on this commission is that we can't discuss these issues with each other. We can discuss them with staff, we can discuss them with a lobbyist, but when it comes to open discussions with someone that really understands the issues, we're very limited. Thank God we have members of the Planning Commission that we can meet with individually and talk at great lengths about different issues that come up. Getting another source, and their experience and background has helped to shape my opinions many times. Anything I can do to encourage them with additional funds to be able to get certification, I agree with you. The education process never ends. And their ability to be able to serve the county would be magnified many times over if we were able to come up with those funds to be able to send them on to the different courses for certification. I know we have three commissioners here that have their certification for being a county commissioner, and we all value that experience greatly, and I would encourage it in any way I can help to move it forward. I'll do it. Thank you. MR. BUDD: Thank you. CHAIRMAN COYLE: Thank you very much, Commissioner Coletta. I would like to pursue that education a little further with you, Russell. I would go further than you have suggested, quite frankly, Page 39 March 22-23, 2005 but I would just like to explore it briefly because we don't have a lot of time today to deal with this. But I would like your opinion about establishing an education prerequisite for appointment to the planning advisory board. And I'm concerned about whether that would prevent us from getting the number of applicants we would like to have. If it would prevent us from doing so, I wouldn't want to go that far. But certainly somewhere between that position and the one you espoused is -- seems appropriate to me. We should, I think, establish at the very least a time limit for a member of the CCPC to obtain the appropriate schooling and certification, because it is a complex task. It is not just something that a citizen can walk in off the street and start doing acceptably. I'd appreciate your reaction to that. MR. BUDD: I think that it would be very appropriate to have an identified prerequisite laid out before candidates that would weigh into the selection but not immediately go to a mandatory level of education or training, because the reality is, there's not always that -- there are not that many people applying for the job. And I'd mention that I'm serving my 12th year. Well, that's three terms in a job that's a two terms limitation. And that occurred -- I live in Commissioner Henning's district -- because after my second term, and I thought I was free at last, free at last. And Commissioner Henning came to me and said, well -- and I don't have the quote exactly right, but the idea was, you know, we really need you to apply again, keeping in mind that if a three-legged dog that is a registered voter shows up against you, they're going to get the job. Fortunately -- or unfortunately, there's no three-legged registered voters, a K -9, that showed up, so I was the -- what I'm getting at is I was the only applicant for the job, and that is not infrequent. So I think if you make the -- make the cost of entry too high, you're going to dissuade people from participating. But I think the Page 40 March 22-23, 2005 respect that you're giving the Planning Commission and its recognition in the development community that it really matters is going to encourage people to show up, because nobody wants to show up and waste their time. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Halas? COMMISSIONER HALAS: Yes. I know I've had the opportunity to make a couple of appointments since I've been here on the Board of County Commissioners, and I can say that both of my appointments, I felt, worked very well. Both of them had to work extremely hard, and they're still working extremely hard to get up on the learning process. And as you brought up, there's an awful lot of time outside of the Planning Commission that is spent just studying the subjects that are coming before them. And again, these people aren't compensated. And to ask these people to even further stretch themselves and come up with recommendations or to come up with prerequisites in regards to education, we may even narrow the field down even more. And this is something where the citizens get involved, they're concerned about their community, and I think that education is the foremost thing that we have to look at, but we also -- we don't want to make it too difficult so that we do not get applicants to fill those spots on the Planning Commission, and that's one of my concerns. CHAIRMAN COYLE: Thank you very much. Is there amotion? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Motion to approve -- second. CHAIRMAN COYLE: Motion to accept the report by Commissioner Coletta and second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. Page 41 March 22-23, 2005 CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Did you have a question? COMMISSIONER FIALA: I have a question, yes. CHAIRMAN COYLE: Your light's not on. COMMISSIONER FIALA: I know, just with the motion. Do you want us to put into a motion form anything about -- about some of the issues that he brought up that it sounds like we're all emphatically behind? COMMISSIONER HALAS: I think we -- CHAIRMAN COYLE: I think -- I think -- I'm making an assumption that was implied in the motion because it was a recommendation in the report -- COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: So if you're accepting the report-- COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: -- we would be accepting those recommendations. Okay. In your opinion, is more clarification required for your recommendations to be implemented? MR. BUDD: No. I think really Mr. Schmitt will be the one who will be implementing this, so the question should go to him. CHAIRMAN COYLE: Okay. Joe, do you understand what we MR. SCHMITT: (Witness nods head.) CHAIRMAN COYLE: -- what the recommendation are? MR. MUDD: He will. CHAIRMAN COYLE: Okay. County manager will, okay. We don't care whether you understand, Joe. He understands, okay. All right. Thank you very much. MS. STONE: Commissioners, I think the travel expenses can be Page 42 March 22-23, 2005 covered in the budget preparation that Joe presented -- CHAIRMAN COYLE: Well, I think what you ought to do is take the travel expenses out of Commissioner Coletta's overtime budget. MR. SCHMITT: For the record, Commissioners, Joe Schmitt, Administrator of Community Development/Environmental Services. The issue was -- the travel budget I could certainly cover. The Planning Commission is funded by development services fees, so that would be either fund -- primarily 131 since it's land use petitions, so that is not the problem. The problem was with the clerk's office and having the clerk recognize that they would pay a travel request from a non-county employee. I can pay the tuition if they attend a conference. The issue is whether they get travel and per diem. CHAIRMAN COYLE: So this might require an ordinance change? MR. SCHMITT: Right. I may have to come back with either some kind of an ordinance or a budget amendment that would legally allow the clerk to make the travel payment to a non-county employee, and that's what we're still trying to sort out with the clerk's office to ensure that if, in fact, Mr. Budd or any of the other Planning Commissioners attend such a conference, that -- and I think they should be compensated. They're not going to be compensated for their time, but certainly should be -- should receive travel and per diem as well. Now, again, I can pay the registration fee, but the travel and per diem is the issue. CHAIRMAN COYLE: We understand. Okay. Thank you very much. MR. BUDD: Commissioners, keep in mind that it's much more desirable to bring the education to Collier County than to send the commissioners out. That's the best choice. CHAIRMAN COYLE: Yeah, okay. Thank you very much, Page 43 March 22-23,2005 Russell. COMMISSIONER FIALA: You've done a great job. CHAIRMAN COYLE: Okay, next one. MS. STONE: The Disaster Recovery Task Force is currently inactive, so your staff will be presenting on this and asking for your -- to support some recommendations that they have. Rick Zyvoloski with the Bureau of Emergency Service Management, and the report's on page 12. MR. ZYVOLOSKI: Good morning, Mr. Chair, Commissioners. Rick Zyvoloski, Emergency Management, common spelling. Basically, as Winona stated, the recovery task force hasn't met. We feel that its -- recovery task force is antiquated and under current FEMA guidance, and essentially it's needed at the time of a major disaster; however, outside of a disaster we have other more current means to go ahead and address the issues that a recovery task force was intended for when it was originally designed. So we would like your direction to go ahead and rework the law to address recovery task force as an ad hoc organization. CHAIRMAN COYLE: Good. Thank you. Is there a motion to accept the recommendation? COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: Okay. A motion by Commissioner Halas. Is there a second? COMMISSIONER FIALA: Yes, I second it. I just wanted to know if number five, the recommendation, that the law should be amended to allow activation on an as-needed basis is involved in this motion. COMMISSIONER HALAS: Yes, it is. COMMISSIONER FIALA: Okay. Then I second that. CHAIRMAN COYLE: Okay. Second by Commissioner Fiala. Any discussion? Page 44 March 22-23, 2005 (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 was not present for the vote.) CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It's unanimous. MR. ZYVOLOSKI: Thank you very much. MS. STONE: Commissioners, your next presenter is David Loving, he's chairman of the Ochopee Fire District Advisory Board. Mr. Loving, are you here? (N 0 response.) MS. STONE: I thought I saw him earlier. COMMISSIONER FIALA: I don't see him. MS. STONE: I thought I saw him earlier, but I may have been mistaken. Did you see him? MR. ZYVOLOSKI: No, I didn't see him. MS. STONE: Okay. Then your final presenter is Mark Morton with the Smart Growth Committee. Mr. Morton? MR. MORTON: Hello, Commissioners. You do have in your package the staff report on what the Community Character/Smart Growth Community's been up to, and I think they did an excellent job in drafting this. In fact, the committee helped draft it, so the committee -- and Jason Sweat did a great job. I'd like to just go over with you all who we are, what we have been looking at, where we are, and where we are going. Who we are is Brad Cornell with Collier Audubon, Russ Weyer Page 45 March 22-23, 2005 with the ULI; Christopher Shucart, who is a developer; Dwight Richardson, a citizen; Joe Boggs, a surveyor; Brent Moore, a planner; Pat Pochopin, a citizen; Mike Boyd, a sign contractor; Bob Murray, a citizen; Celia Fellows, environmental consultant; and Joe Gammons, a business owner. The only reason I wanted to go through that is I've really enjoyed this group of people because it is a broad-based group of stakeholders. They all care about what we're talking about. They all come prepared to talk, and we just have great meetings. It's a good group of people. And we are sunsetting in June, and we're going to be saying that's fine with us. We won't be asking to be continued, and I'm going to miss those folks. It's a great, super group of people. Other -- let me go on then with what we did, if you might say, where we've been. We started out and we looked into what Commissioner Henning had said as kind of sticking to the ordinance and what the ordinance laid out for us to be doing. At the time we started to be formed and as we've gone through it, there were several efforts going on in Collier County that were all smart growth related. We had rural lands, rural fringe, the Golden Gate Master Plan, the Immokalee Master Plan, Conservation Collier, concurrency, and the Affordable Housing Committee. All those folks were doing things that kind of crossed over to what we were doing. And we would discuss taking them up but realized that there were good groups of people working on all those and there was not necessarily a duplicate of reason for to us wade into what they were doing. So then we looked at the community character plan and said, okay, what's the feasibility of implementing the recommendations in the community character plan? Can we afford to implement those things? Can we -- is it feasible to implement it? How will the community react to some of these suggestions? And I think there were like 30 major suggestions in there, and we Page 46 March 22-23,2005 weeded it down to our top 10, and then we went after our top five. And we went through those and knocked them off one at a time, and they crossed into some of the efforts that were going on. We then, as we got through that, said, well, where could we provide the best value to planning in Collier County, and that's to you all and to everyone here in the community. And we looked at a couple of different areas, and one was the mixed use component of redevelopment, and the other was congestion management at the major intersections, and we also came up with, in objective seven, a whole series of policies for promoting the community character and smart growth elements. We've worked with Marla on the recreation and open space element, which was adopted, and we are currently in the process of coming up with the land development code regulations that will implement the future land use element, residential mixed use neighborhood sub district, the urban commercial! commercial mixed use sub district, and the urban mixed use district, commercial mixed use district. It's a mouthful. Basically what that is, is if you have a piece of residential land somewhere, it's a small 10 acres or something, instead of it just going in as residential in an area that maybe would be more applicable for mixed use, these growth management plan policies allow a mixed use to go there. Now, I know we all struggle with, how do we incentivize things to happen. And that's one thing that's been very good about this committee is to listen to the citizen participation we've had from folks like Bob Murray and Dwight Richardson and others, and from the environmental community that's been involved, to say, you know, how can we make it so that if a person has a piece of property, mixed use would be their first choice? So we looked at things -- obviously if you could make money just doing residential there, you're just going to do residential there. Page 47 March 22-23, 2005 But if you can gain a little more flexibility, a little more intensity, if the process is cleaner to get through mixed use, will the person then put office and residential and commercial together? So we've tried to do all we could to come up with a series of incentive-based -- and I think we've accomplished it, and I think we are going to see, over time, more mixed use projects come in, which according to smart growth, is the kind of thing we want in our urban area, especially. And this really is the urban area. I know there's discussion, for example, in Golden Gate to add more commercial nodes, et cetera. Those are all elements, too, and that is -- hopefully with our mixed- use criteria that we've all developed and you all have approved to date, that can be a template for other areas. So it's just been a wonderful expenence. Weare currently working to get the land development code regs in place. Basically what you have now is in the compo plan. You allow these mixed-use developments, then someone's going to come in in the land development code, and now they have to put it in the ground. Well, the way our land development code is set up, it's really set up -- it's not really set up for mixed use. It's set up for compatibility and separation of use. You have an office, and then -- I mean, you have commercial and then residential next to it, and there's certain setbacks and walls and fences and everything. You make sure those guys aren't connected, et cetera, et cetera. So the whole issue with the mixed use is how do you take our existing land code and put residential on top of retail? How do you put retail right next to residential with retail on the other side all in one proj ect? So we actually have gone through the land code meticulously with staffs help to find out where the places in the land code that need to be -- have more flexibility to allow mixed use to occur, because Page 48 March 22-23, 2005 what should happen is a person will look at a piece of property and say, gee, I can do residential here or I can just tear myoId commercial building down and slap more commercial here, or office, or I could go to this mixed use component where, potentially, I may have a -- I may make more money, which is what drives the market. Yes, but how complicated is that going to be? Am I going to have to go through some long drawn-out process and get a compo plan amendment and go through all these different zonings on compatibility? You know what, forget it. I'm just going to do commercial, I'm just going to do residential, and there ends our, you know, transportation advantage of having mixed uses. So what this will establish, hopefully, is someone can take this, say, you know what, in the path of least resistance to get my project approved, I'm going to go mixed use. So we're rewarding the person who's going mixed use. And so that's what we've been working hard on, and we probably have the heaviest lifting going on between now and June, which is to finish up the very detail, how do you get dealing with setbacks and different mixes of uses and landscaping and signage, and all the things that affect how that final footprint looks that's in the land code. So it's a lot of fun. It's creative. But it's also -- we also overlay on it the reality of the process. And we've had good support from staff and from the folks at that back table, who have all been very encouraging to our efforts, who have come to our committee on many occaSIons. Another item we did was congested management. We find in transportation, as you know, we're building all these big roads and we have all these master plans and we have concurrency and stuff in place, but what happens in an activity center where you have the YMCA, and right next to the YMCA is the apartment complex, and behind that apartment complex is Barron Collier High School, and they all have fences and they're all disconnected. Page 49 March 22-23, 2005 How can you get the people -- why -- you have all these people that we wanted in apartments to use the Y, and we want those kids in that high school to walk over to the high school and not get in their car. Well, the only way to get out of that apartment complex is back on Airport Road -- Pine Ridge Road to go over to the YMCA right next door, you know, or go to your school. So we would look at those and drew little marks on a red map, because we're just advisory and, you know, we could take a look at it, and gave it to transportation and say, you know, maybe in your money and as time goes by, if you can create a connection, just a little bit of asphalt that would connect that apartment complex to the YMCA or a gate in that fence to allow them to go back and forth. It sounds like small things, but when you look at these major intersections that are built out, they're big things, these connections. Now, one of the big successes we've had of doing this was looking at the Pioneer Lakes area and trying to connect them to the industrial park; therefore, the people in the industrial park would be able to come into Pioneer Lakes, which is where the movie theater is and the Costco's and the Lowe's and could get to another traffic signal and disperse the traffic. And one of our members, Bob Murray, met with the developer and with the car dealer, and they all agreed they could figure a way to get this road through the back of the car dealer's property to connect, and that's all happening. And what occurred though is at the SDP level they really didn't have to do any of this. This has already been through zoning, so now you're dealing with someone who doesn't have to connect. But because of the efforts of the committee and staff to talk to the developer, they came in, talked to us, agreed this would be a great idea. Obviously they need more people, more shoppers, et cetera, so it made a lot of sense, and we're able to make something happen, which is working with our neighbors. Page 50 March 22-23, 2005 So in general, you know, looking at everything that's happened in smart growth in Collier County, it's interesting. I think Collier County has implemented more smart growth items than any county in -- in the State of Florida, if not maybe in the country. When you look at our rural land, the rural fringe, the Golden Gate master plan, the Immokalee master plan, your Conservation Collier, concurrency, affordable housing, on and on it goes, it's all state of the art, it's all the best stuff. And so a lot has been accomplished. Committee can't take credit for all that. A tremendous amount of other people have. So we're just etching out our little piece. But I guess our good news and bad news is, we should be done by June. The bad news for us is we all won't have that camaraderie together, but that's fine. We're all ready to retire as Community Character/Smart Growth council people. So we appreciate the opportunity to serve and give input to you all. And I do want to say thank you to our past members, Jim Rideoutte, Ellen Goetz, and Sally Barker and Bruce Anderson and Sam Nowe and Mike Bowers and Jim Lucas, and Gary David, and Barb Cacchione and Amy Taylor and Jason Sweat, our support, and John David Moss and the folks at that back table and Sam Tucker and Commissioner Henning. I mean, there's just been a great amount of people involved in this, and it's been a good process. CHAIRMAN COYLE: Good. Thank you, Mark. It's a great report, and you've done great work. I'd just like to point out again for the listening audience that you are not a government employee -- MR. MORTON: That's right. CHAIRMAN COYLE: -- that you're a member of the public who has been working at no pay on something like this for a long, long, long time, as have all the other committee members, and you're to be complimented for the fine work that you've been doing for the people of Collier County. Page 51 March 22-23, 2005 Is there a motion to accept this report? COMMISSIONER HENNING: So moved. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: And a second by -- actually, Commissioner Halas was the second. Any further discussions? (N 0 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: Any opposed? (No response.) CHAIRMAN COYLE: Thank you very much, Mark. Great job. MR. MORTON: Thank you. CHAIRMAN COYLE: Thanks. Now, let's go back to the Ochopee -- MR. MUDD: Mr. Chairman, I'd like to go back to Ochopee, the Fire Control District Advisory Board. Is Mr. Loving here? (No response.) CHAIRMAN COYLE: Okay. We have read the report. There's no reason we can't accept the report. MR. MUDD: They basically state that the ordinance is sufficient to do their job and they do a valid public purpose, and I'd recommend approving it. COMMISSIONER COLETTA: Motion to approve for all those Page 52 March 22-23, 2005 reasons. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed by like sign. (No response.) CHAIRMAN COYLE: It is unanimous. MR. MUDD: Commissioner, before you take a break, can we do the public petition, because they've been waiting here patiently in order to do that. CHAIRMAN COYLE: Sure, we can do that. MR. MUDD: Then we'll take that break, then we'll go into the 11 o'clock time certain. CHAIRMAN COYLE: Can you hold out for another five minutes? THE COURT REPORTER: Yes. CHAIRMAN COYLE: Okay. Item #6A PUBLIC PETITION REQUEST BY CAMILLE MERILUS TO DISCUSS THE ESTABLISHMENT OF A BRANCH FOUNDATION FOR HAITIAN DEVELOPMENT IN NAPLES - Page 53 March 22-23, 2005 MR. MUDD: The next item is item 6A. It's a public petition request by Camille Merilus to discuss the establishment of a branch foundation for Haiti Development in Naples. Please state your name for the record. MR. MERILUS: Good morning, Chairman Coyle, good morning, Commissioners, Commissioner Fiala, good morning, Mr. Manager, and I have to thank you for allowing me to be here today, Mr. Mudd, county attorney, county clerk, and members of -- the assistants. I have to say thank you to your secretary, Julie. I've been having numerous conversations with her. My name is Camille Merilus from Camille and Sweat Merilus Foundation for Haiti Development, Inc., and I've got my wife, co- founder of the institution, I've got several staff people here. We founded this institution in Miami where we are currently based in downtown Miami 12 years ago. During (sic) the fact that I'm a blind man, when I knew that I was a carrier of that disease, that's the main reason why we created this foundation. What we move from, like eye diseases, prevention of eye diseases through the community to breast cancer prevention, prostate cancer prevention, to feed the hungry, and then we also provide a job, because now we can do a combination of job fighting against hunger, joblessness, and sickness, and that's what we have been doing. And I can tell you that we have an understanding of Miami/Dade County officials, they like the work that we're doing. Chairman Joe Martinez and other commissioners, they really like the work, and that's the reason why some of our folks from Collier County has made the request that we, you know, explore the possibility of establishing ourself around here because eye diseases are five times higher than -- so that means we are looking for -- to be here, but we need your help Page 54 March 22-23,2005 so we can establish ourself. We need the office space. Now we are -- where we are in Miami, that's a government building, and that's where we are. And we are here to call upon you to -- you know, to explore the possibility of helping us to get the funding and to get a spot around here so we can settle ourself and serve so many, not just Haitian American around here, but other ethnic group, and the people. People help them, so because we are -- in Miami we serve Spanish people. We serve everybody. So please do your best for us so we can -- if you can make it so we can work with staff, with the management office or you can explore the possibility of helping us. CHAIRMAN COYLE: Thank you very much, Mr. Merilus. Does that conclude the presentation? MR. MERILUS: Yes, that's the main thing that we want to do. We need your help so we can, you know, get the support that we need so we can establish ourself around here. CHAIRMAN COYLE: Okay. Are there any questions by commissioners? (No response.) CHAIRMAN COYLE: Okay. This hearing is not designed to make a decision. The public petition process is designed to bring the matter before the board, and then the board can make a decision as to whether or not they wish to pursue it. Commissioners, what I would suggest is that we ask the county manager to at least add this organization to the list of social services organizations that are looking for funding and support to be presented for our further consideration sometime in the future. Is that -- would that be acceptable to you? COMMISSIONER COLETTA: It would be acceptable. I don't know if such a list exists though. I don't want to promise something that has no meaning. CHAIRMAN COYLE: Well, my -- I think, didn't we receive a Page 55 March 22-23, 2005 number of requests from other social services organizations? MR. MUDD: Yes, sir. For the 2005 budget, yes, we did, sir. CHAIRMAN COYLE: Yes, yes. That's the list I'm thinking about. And is there a problem with just adding this organization to that list to be considered among all the social service organizations that are asking for support? COMMISSIONER HALAS: Well, I don't we -- I don't think-- would we address that issue? I think that was postponed. CHAIRMAN COYLE: Well, we haven't -- we haven't agreed to allocate any money to them, okay. And I'm not suggesting we do so now. I'm merely suggesting that this is the identification of another social services organization that's looking for help. Should they be put on that list? COMMISSIONER COLETTA: I think the problem is that the list doesn't exist. CHAIRMAN COYLE: Well, I think there is a list of people who have asked for funds. MR. MUDD: Yes, there is. Sir, can I make another recommendation? CHAIRMAN COYLE: Sure. MR. MUDD: I'd like to -- I'd like to have Marla and Barry Williams from our staff work with this particular group to see if there's ways that we can get them tied into the United Way, see if there's ways that we can tie them into the CDBG to see if those particular funds are available in order to help them, and I think we could work it in that particular case and see. CHAIRMAN COYLE: Okay. That's acceptable to me. COMMISSIONER HALAS: I'll go along with that. CHAIRMAN COYLE: Commissioner Coletta? MR. MERILUS: Commissioner, thank you very much, because I can tell you that we'll -- because we are the one to do the flag day parade in Miami on May 21 st, and we sent an invitation. Even if you Page 56 March 22-23,2005 cannot make it, we send the invitation. We're going to, I can tell you that, create some time of move around here. CHAIRMAN COYLE: Thank you very much, sir. MR. MERILUS: Thank you. CHAIRMAN COYLE: Appreciate it. Commissioner Coletta? COMMISSIONER COLETTA: Yes, just briefly. One of the things we can give you is the ability to be able to network to be able to tie into the other organizations that are in Collier County . We've got a very caring county, and we do have a great network of organizations that help each other and know where to get resources that are out there, whether it be from the state, federal government, or county government and other social services agencies. They'll invite you to attend the interagency meeting in Immokalee, which about 50 some agencies attend once a month, to be able to network with them to see what can be done to reach your stated goals. Thank you very much for coming. MR. MERILUS: Thank you. The date of that next-- MR. MUDD: Marla went outside to get your name so that she could work in with -- contact you in order to get that done. She moved from the back. She's waiting for you to go out in the hallway, and then she'll get your name in that particular case so we can set up a future meeting. MR. MERILUS: Thank you, Commissioner. MR. MUDD: Thank you, sir. CHAIRMAN COYLE: Thank you. MR. MERILUS: Have a nice day. CHAIRMAN COYLE: Okay. Now we're going to take a IO-minute -- or I5-minute break. MR. MUDD: Yes, sir. And we'll start with the audit when we get right back. (A briefrecess was had.) Page 57 March 22-23, 2005 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. Thank you very much. We're back in session. We have a time certain now. Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED MR. MUDD: Yes. This is item -- this is item 12 -- excuse me. This is item 13A. This item to be heard at 11 a.m. on March 22nd, 2005, to present the Board of County Commissioners the comprehensive annual financial report for fiscal year ended September 30th, 2004. A copy of the report is on display in the county manager's office in this building on the second floor, and your presenter will be Mr. Jim Mitchell. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Yeah, Jim, is Derek going to be part of this presentation? I was going to introduce Derek as your interim replacement at this point in time. Would this be a good time to do that? MR. MITCHELL: Absolutely. CHAIRMAN COYLE: Okay. Well, why don't you introduce Derek. MR. MITCHELL: Commissioners, thank you. As you're well aware, I have turned in my resignation, and Friday will be the last day of my employment with Collier County. And as I told you this morning, it has been an absolute pleasure Page 58 March 22-23, 2005 serving both the clerk and this board for the 11 years that I've been here. And during the period -- there's an interim period where we're uncertain exactly who's going to take my position. The clerk has assigned certain components of my job to Derek Johnssen. And give you a little background on Derek, he's a graduate of the great school known as Florida State University. CHAIRMAN COYLE: Well, good. MR. MITCHELL: He came to us several years ago from Lee County, Florida, where he served as an accountant, and I brought him in here shortly after I did assume the reign of director of finance. He's been with us for a number of years. He is a certified public accountant. Probably one of the sharpest accountants that I've ever seen. COMMISSIONER FIALA: Oh. MR. MITCHELL: For the presentation today, I'm going to kick it off. Mr. Jones, Chip Jones with KPMG's going to walk you through it. A couple of statements I want to make up-front, and then as we go through it, any questions that you have, Derek will definitely be the one that will be addressing those. CHAIRMAN COYLE: Okay. MR. MITCHELL: The Clerk of the Circuit Court in his role as the ex officio Clerk to the Board is responsible for the coordination of the annual independent audit, along with production of the comprehensive annual financial report, which we commonly refer to as the CAFR. We're here today to present the CAFR for the year ended September 30th, 2004. And if you remember last year, we were not able to get the CAFR done and presented to you until sometime in June. This was due primarily to that being our first year-end closing with the new financial package and a significant learning curve that we experienced during that process. We have dedicated the period since June to ensuring that we had a very successful and timely closing, and also looked at ways that we Page 59 ".-~'____"'"_""___'____~'M_"""'_'>"",_",.,.,,__,,__.,_,,__ March 22-23, 2005 could improve the process. The most important change that came out of last year was the creation of an audit committee. This committee is made up of representatives of the board's agency, along with each of the constitutional officers. This committee has been involved from the onset of the audit, and the presentation that you are about to see was first presented to them for their comments and their acceptance. Before I turn the podium over to Chip Jones with KPMG, I'd like to personally thank the audit committee for the work that they did this year and also express my sincere appreciation to the clerk's finance department, along with those involved board departments for a job well done. With that, I'm going to turn it over to Chip Jones, who will walk you through this year's financial statements. MR. JONES: Good morning. CHAIRMAN COYLE: Good morning, Chip. MR. JONES: As your auditor, I'm going to miss Jim Mitchell, too. I work with five counties, and I found Jim always to be very professional, very straightforward. If there's a problem, he calls me. If there's something going on in the county he thinks I should know about, he calls me. He's very much an open communicator, and I have a lot of respect for him, and I think he's been one of the best finance directors that I've worked with as far as the five counties that I work with. So, I'm going to miss him, but I wish him the very best. You do have an audit committee this year, which we did meet with about two weeks ago, and we probably spent about an hour and a half going through the financial statements and discussing a lot of aspects of the audit. I thought it was a very healthy discussion. This is not going to take an hour and a half, abbreviated presentation. But I wanted to go through and highlight some of the results of the county for the year. Page 60 ~-----'-'-'-"" - -'''''<__'___'.m.~,___....._.__,,,___"_ March 22-23, 2005 If you look at the first page, we issue a number of reports for the county. The main one is the opinion on the basic financial statements of the county or what is known as the CAFR. About 175 pages long. I don't think anybody ever reads the whole thing, except for the accountants in the finance department, but if you do read it, I would encourage you to read the management's discussion and analysis and focus on some of the major statements right in the beginning, because I think you can get a good idea, and that's what I'm going to cover. In that CAFR is a transmittal letter, statistical section single, the single audit, and the management letter as well. We also issue a separate opinion on internal control over financial reporting and compliance, and that involves testing, make sure that the county's in compliance with laws and regulations, where noncompliance could have a material impact on the county. We do an audit of your federal and state single audits. This year there were 12 programs that we audited, five federal and seven state. We issue a management letter. A number of components of the management letter are items required by the auditor general that we have to address, and so we do that. We issue a letter to your audit committee that talks about our required communications, and we discussed this in detail with them when we met with them, but it's basically to go over what our responsibilities, our auditors, to disclose any difficulties we had in performing the audit, any adjusting entries that we passed on that they were posted, to make everybody aware of the entire audit process. And then we also issue separate financial statements on each of the constitutional officers, and those audits also go very well. If you look in the county, the focus of the audit is on major funds, meaning that the fund is over 10 percent of like all governmental funds or five percent for the county's always considered major. And so we opine literally on each major fund. Your major funds were the general fund, the impact fees escrow Page 61 March 22-23, 2005 fund, road impact districts, park impact districts, road construction, county water and sewer, and then everything else is lumped into a category called other aggregate non-federal-- I mean, other aggregate information. The CAFR also includes your component units. The two biggest once are Collier County Water and Sewer and the Goodland Water District, which are considered blended. They're shown as part of the government. And your various authorities are very small in activities; serve a very important purpose but their financial activity is very little, and they were shown as a separate column. This page reflects your -- the financial condition of the county at the end of the year. And I want to highlight a couple things. One is, if you go down to the net asset category, that's an important measure of the financial stability of the county. And you can see that total net assets were $1.3 billion this year versus $1,173,000,000 in the prior year. And the unrestricted component of that went from $242 million up to about $300 million. Your unrestricted in the governmental activities has shown continuing strengthening over the last three years. Two years ago, in 2002, that was 133 million. This year it went to 162 million -- I mean, last year at 162 million, and this year is 220 million. But you've got a very healthy financial position for the county. Some other things to point out, capital assets includes all of your infrastructure, roads, streets. You can't ever go and sell those things, but they're an important part of what the county does, and you've spent a lot of money. That's about $205 million. And your biggest single asset on the financial statements is your cash and investments, $525 million. And we looked at how that's invested. It's invested in accordance with county policies, in accordance with state requirements, and obviously it's a big area of the audit. The next page is the statement of activities. And this statement Page 62 March 22-23, 2005 reflects all the governmental functions as well as your business type activities, and it starts off with a column on your expenses, and then it shows the revenues that you get to offset those expense, being either charges for services, operating grants and contributions, and capital grants and contributions. And you come down to a net expense or revenue. And for the governmental activities, your net expenses essentially are what people look at supporting with their property tax dollars. In fact, this year you can see that the net expense is about 203 million. If you go down under general revenues at the bottom, your property tax revenue this year was 213 million. So essentially that covered the cost of government. Now, included in that was $11 million for your Collier County __ the Conservation Collier for acquiring the land, and I'll talk about that. In fact, you had $44 million of land acquisition this year. And I know when I was first looking at the CAFR, I thought, wow, what happened? Because usually that was a small amount every other year. But overall, our fund balance increased 133 million compared to $105 million last year, and that was driven primarily because of the increase in the property tax revenue. Now, the general fund is what you probably focus on mostly in your budget process. And this table reflects how your general fund compares to -- your general fund balance compares to your expenditures. And this is a common measurement that is used by counties and cities throughout the state. And you can see that the end of 2004, that your total fund balance as a percentage of expenditures and transfers was 21.7 percent of that amount. You can see that back in 2000, it was 21.3 percent, a decline in 2001 and 2002, and it's come back up. And this is a healthy fund balance. It's not excessive, but it is healthy. And you need a good fund balance, and there are somer Page 63 March 22-23, 2005 municipalities around the state that would be envious of your fund balance, and they learned that this year with the hurricanes and stuff. But it gives you the opportunity to react to situations such as hurricanes that come through, and you don't have to look and say, well, we're strapped for cash. We can't do the things we want to. You've got that flexibility. You're experiencing tremendous growth issues down here. Again, you can use some of the fund balance in planning how you address that growth in a proactive move rather than it being a reactive move. And then other issues that might come up, it gives you the flexibility to address, but you have a good fund balance. Not only do you have a general fund, but you have special revenue funds, which essentially are revenues that are earmarked for specific purposes. You have debt service funds, which are designed to reduce debt, and then capital projects funds, which basically represent monies from either bond proceeds or special taxes or moneys that may be transferred from other funds for capital proj ects. The special revenue funds, you can see, has an $84 million balance at the end of the year. But the biggest increase is in the capital projects funds, and that took place two years ago with the proceeds of the gas tax revenue bonds. So those monies are available for capital expenditures. On page 7, it gives you a summary of your revenues and the types, and you can see the total revenues that the county had were $407.8 million, of which $242 million were taxes. And you can see that that amount has almost doubled from what it was just five years ago in 2000. And that has to say a lot about, you know, the property values down here, the increased growth, those types of things. The next significant category is intergovernmental, which is grants and state revenue sharing. On page 8, it just shows a pie chart of how you are supported by your different revenue sources, and you can see taxes support 59 Page 64 ~--'_.~~--._~,---_._.".__. March 22-23, 2005 percent of the county's activities. That's up from 55 percent last year and 52 percent in 2004. On page 9 and 10, we'll do the same thing with expenditures, but this essentially shows the types of governmental functions that we provide. The largest is public safety, and you can see we spent $124 million this year. That was up from 108 million. Most of that was salary increases and more FTEs in the sheriffs department. A capital outlay was significant. As I mentioned, that included the $44 million for the land acquisition as well as some other projects that took place. Now, on this next page is a pie chart, again, showing the expenditures. And this is a little bit misleading. I didn't think about this until after I put this slide together. But, for instance, it shows public safety expenditures being 27 percent of your total budget when, in fact, it's really probably more 42 percent when you take out capital outlay. And again, capital outlay kind of benefits the general county as a whole, and it can include a number of things. But if you remove the capital outlay part, sheriffs -- the public safety, which is also fire, is 42 percent of your budget, which is comparable to what you see in most counties and cities. I've seen it go anywhere from 40 to 60 percent. Page 11, the highlight where your government debt is, it's gone up over the last two years. This year we issued $50 million of capital improvement bonds, of which that was mostly for the j ail complex, as well as county development services expansion projects. And we also issued $40 million of commercial paper, which was for the land acquisitions. The increase from 2002 to 2003 was, as I mentioned, the gas tax bonds that were issued in that year. Now, starting on page 12, I'm going to highlight just a few things on your water and sewer enterprise fund. The total debt in this fund is up to $138 million, your bonds are 63 million, and your notes payable Page 65 March 22-23, 2005 were 74 million. All those monies and those payables essentially have been used to pay for a lot of infrastructure improvements that have taken place, and that's with the State Revolving Loan, which, for our purposes, we actually create as a federal grant for testing even though you repay it. Revenue bonds haven't been issued for some time. If you go to page 13, this is condensed income statement for that fund, and you can see that we have $7 million of operating income or net income before capital contributions this year, which has been consistent with the last three years, and our unrestricted fund balance is about the same as it was in 2003. The large drop from 2002 to 2003 was because, instead of borrowing money, you used a lot of money to pay for a lot of capital expenditures, so the internal funds generated from the operations of the system. In fact, you do that every year, and I'll point that out on page 14. This is a cash flow statement, and that's probably the most important thing to look at your enterprise funds, but essentially if you add back depreciation, cash from operations this year was $24 million in improvement over the 21 million in the prior year, and 18 million in the year before that. And what you usually want to do is generate enough cash from operations that it can service your debt and pay for capital improvements that aren't financed with bond proceeds. And in your case, you actually had debt service of $11 million, capital expenditures of $69 million, we borrowed 20 million from the state resolving loan fund, we had 25 million assist in development charges, and then the rest of the capital expenditures was paid for from operations. On page 15, this is the components of your investments at the end of the year. Over a half billion dollars at September 30th. And, again, as I mentioned, we look very closely at how these are invested and how they're monitored. Page 66 March 22-23, 2005 And then the last page just gives you an overview of the federal and state single audit. This lists out the major federal programs that we tested. You had actually $28 million in federal revenues, federal grant revenues this year, and then the state programs that we tested, you also had about 12 million in state grants. The audit went very well. We had a couple management letter comments, nothing that were significant, that are in the back of the CAFR, and we review those with management, and management's responses are in the CAFR. The big ones that we had last year, particularly the bank reconciliations, were cleared, and those processes are back to normal. I'd be happy to respond to any questions you have. CHAIRMAN COYLE: For the entire report? MR. JONES: Hmm? CHAIRMAN COYLE: For the entire report? Are you finished with your portion of the report? MR. JONES: Yes. CHAIRMAN COYLE: Okay. I just have some questions concerning current year recommendations, and it's primarily directed to staff. MR. JONES: Okay. CHAIRMAN COYLE: The recommendations concerning our housing department and our responses to those do not appear to be sufficient, at least from my standpoint, and I'd just like to explore a couple of things with you. The auditor has suggested that we have contractual agreements between the county and a contractor for grants, and they have suggested that such does not exist and that we do not get more than one bid for work to be done under those grants for the grantee. And our response is that there is no requirement for the homeowner to solicit more than one bid for a project. Maybe that's true under the regulations. But does it make sense not to get more Page 67 March 22-23, 2005 than one? Shouldn't we try to make sure these things are done competitively so that we get the best price, the homeowner gets the best price for these -- the expenditure of taxpayer funds? My concern is, it just doesn't -- it appears that we've skirted the issue. A recommendation has been made about how we can improve the process. We say, well, it's not required. Well, does that mean the recommendation isn't a good recommendation? MR. JONES: Well, go ahead. MR. GIBLIN: For the record, Cormac Giblin. I'm your housing and grants manager. I can address that comment. This recommendation is focused into our home rehabilitation program. In the past, I'd say probably five years ago, we ran the program where the county would solicit bids on behalf of homeowners. There was an approved contractors list, and there was some major Issues. First of all -- let me put it in a little bit of context. Jobs that we're talking about here average a couple thousand dollars each. The maximum for the program is $15,000 a house, and in anyone house, there can be several different contractors, we'll have a plumber, an electrician, a painter, you know, several different contractors working in anyone house for maybe a couple thousand dollars for each contract. A few years ago we revamped that program to allow the homeowners the flexibility to go out and choose their own contractor rather than the county assigning a particular contractor for their house. The only requirements in the ordinance are that they be licensed in Collier County, they be insured, and that they provide us with an estimate. We are -- I'll let you know that we are taking the auditor's recommendations to heart, and we are in the process of revamping our program to allow for the -- the homeowner does have the opportunity to solicit as many bids as necessary. Page 68 March 22-23, 2005 It was an issue specifically dealing in the remote areas of Immokalee or Copeland or some of these places where we have these low-income households getting more than one bid out there for a one-thousand-dollar job. So I don't know if that clears -- I hope that clears it up a little bit. CHAIRMAN COYLE: Well, it doesn't really. Are you telling me that you're really going to look into requiring more than one bid or you're not going to? MR. GIBLIN: No, I am. We are. CHAIRMAN COYLE: You really are? MR. GIBLIN: We are. CHAIRMAN COYLE: Okay. That's not specified. MR. GIBLIN: We really are. In fact, in response to some of these findings, we held an entire department off-site strategy planning session yesterday, and that was one of the outcomes of that. CHAIRMAN COYLE: And the other -- the other issue -- and they are numerous, and I'm going to go through every one of them, but requiring submission of the underlying invoices rather than a cancelled check. Once again, the response from management is nonresponsive. I cannot understand what you are saying in response to that particular requirement. MR. GIBLIN: Yeah. It is our practice to require both the cancelled check and the invoice. In the item that was monitored, it was -- evidently was not in the file at the time. It has since been placed in the file. But our response on that issue is that we agree, we will pay on a cancelled check and an invoice. CHAIRMAN COYLE: Okay. Now, there is a whole list of similar concerns in the qualified statements in the rear of this report concerning the housing department. It causes me a great deal of concern. And I would hope that management can assure us that we're going to address these concerns very specifically. Page 69 March 22-23, 2005 I mean, comments like the county does not have controls in place to ensure the accuracy of federal reporting is a serious issue. And expenditures have never been approved -- or actually extension dates have been granted to some of the contracts and amounts have appeared to be approved in excess of the amounts granted. The management's response tends to refute that, but I'm disturbed by the fact that there are so many comments, about the housing department is not following established controls. And I just would like to have a greater level of confidence that management intends to accept these recommendations and do something with them, because taken in total, they do indicate that we've sort of lost control of the financial accounting processes in our housing department. MR. BAKER: I understand, Commissioner. Denny Baker, for the record, Director of financial administration housing. Items like the reconciliations are things that you're pointing out, and certainly those are fundamental accounting controls that should be in place, they will be in place. We've already spoken with the clerk's offices, Accountant Jones, and they will be fixed. And if you would like, we can come back to you in a few months and give you an update. CHAIRMAN COYLE: That would be helpful. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: You know, that would make me feel more comfortable, because when we're submitting federal reports that are not accurate, I begin to get a little concerned about that. MR. BAKER: I understand, and I believe it's true. And I'm not making an excuse, Commissioner, but this is the first time that the federal funds and IRA have been audited, and we take them very seriously. CHAIRMAN COYLE: Okay. Thank you very much. I appreciate it. MR. MUDD: Commissioner, as part of the -- as part of the Page 70 March 22-23, 2005 committee -- as part of the committee that we put together for the audit, it has to do with the manager's agency and all the constitutionals, part of that committee is to -- after the audit is finished, unlike previous years when the audit was done, everybody put it on the shelf and said, oh, isn't that wonderful. Well, it's not wonderful until you take what the auditors have said, take it to heart, come up with action plans in order to fix the problem that you have or what's been identified, so we'll get through -- we'll get through that process. And I'd also like to tell you in the housing -- the housing side of the house, just six months to nine months from the time we had this audit, we were also reviewed by the State of Florida in our housing, and we got an exemplary statement from them. So this one really did bore down, and it's good sometimes to really get in depth and take a look at that particular area. And it's the first time we've had anybody really get down into it in that particular category . So we plan to make those corrections and come up with a plan in order to add things to contracts that have been missing in the past if it has to do with Florida Forever or for our transportation type issues where they get grant monies and federal monies for that in order to make that added to the contract. So we'll get those things corrected. CHAIRMAN COYLE: Okay. I'm concerned also because with respect to prior year recommendations, there's a notation here that suggestions were not implemented, so I'd prefer not to see those kinds of findings next time. I mean, if we have a reason for not implementing something, we should be able to justify it -- COMMISSIONER HALAS: Right. CHAIRMAN COYLE: -- rather than maybe just ignore it. MR. MUDD: Well, I think we took a -- we took a giant leap forward as far as unpayable bills that had to do with EMS here, that we basically updated over a four-year, five-year period of time, and Page 71 March 22-23, 2005 we said in that executive summary we'd be coming back to you on an annual basis. And the other miscellaneous accounts that aren't paid within the 90 days, we'll work closely with the clerk's office in order to get those resolved, send them out to collection agencies to make sure that they get done, and those things that turn out to be deadbeat type bills, we'll get those erased off our books. But that -- but that item has been on our audit, okay, for -- ever since I've been here, okay, and it's the first time we really got after it here in the last year. So we're making a concerted effort, and I think that committee that Mr. Mitchell talked about at the beginning is a serious step forward where we get together before we start the audit to make sure that the instructions to the auditors are square and that everybody is in concert with that, and not just in the words, but actually in the meaning and the execution, then we meet with them as they're doing the execution to see if there's any problems with any agencies that are -- you know, that for some strange reason they don't have the information they need to do the audit. Then when we finally get the report -- and then you have to do the follow-through on the particular audit before you start the next step. So we need to have another meeting here in about a month, make sure that the action plans are done and that people have taken the recommendations and the results to heart, and then we're going to -- as soon as we're done with that, then we start the next audit. CHAIRMAN COYLE: Good, good. All right, Commissioner Halas? COMMISSIONER HALAS: Commissioner -- Chairman Coyle covered the majority of the things that I had questions about also. But overall, I think the audit went very well, and I think that there was something else that maybe Jim Mitchell would like to present. Now that we've got the bad stuff out of the way, hopefully Page 72 March 22-23, 2005 we've got some additional good stuff. CHAIRMAN COYLE: We might not have all the bad stuff out of the way yet. COMMISSIONER HALAS: Oh, okay. CHAIRMAN COYLE: But go ahead. MR. MITCHELL: Traditionally when we bring the CAFR to you, we do it in a two-step process where we traditionally present to you the Certificate for Excellence in Financial Reporting Award. Let me tell you, our focus this year was to get this CAFR done and to get it out timely. It is our intent to bring that award to you. We have been given the award. And unfortunately, with our focus being on the CAFR today, it's not our intent to present that award to you, just to notify you that we have received it, and the finance department will be coming to you in a future meeting with the formal presentation of that award. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: And I think that is our -- actually, there is a copy of the award in the CAFR. But how many years in a row is that that we've received that award? It's the -- I think it's the 18th year in a row that we've received that award, so that's a great accomplishment for this county. CHAIRMAN COYLE: Clearly the standards are too low. MR. MITCHELL: Any further questions? CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: Very good. We appreciate it, Commissioners. CHAIRMAN COYLE: Commissioner Henning? Oh, we have questions by some other commissioners, so don't leave. Commissioner Henning? COMMISSIONER HENNING: County Manager, in his statements, addressed my concerns. Page 73 March 22-23, 2005 CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, the last one. It was just a little unclear to me with regard to the department that helps people who are like on a really low income but live in a house that's kind of disintegrated or really in bad repair, and they want to -- the county will give them money to repair their house, and they can get their own estimates from what I understand. Here's where I got mixed up. So then do they have to submit a copy of their cancelled check and the invoice before the -- well, if they're so low income and say, for instance, they need a new roof, how in the heck do they pay for it? I mean, low income people are asking for help and, you know, maybe that -- maybe that dissuades them from even coming to that department for this help. MR. GIBLIN: Commissioner, Cormac Giblin, again, for the record. Those two were separate issues. The homeowner repair program, the county pays money directly to the contractor upon receipt of an invoice. COMMISSIONER FIALA: Oh, okay. MR. GIBLIN: The other issue was, when we deal with nonprofit entities, they pay their own costs, and we reimburse them after they present us with a cancelled check and invoice. COMMISSIONER FIALA: Oh, thank you. Okay. CHAIRMAN COYLE: Any other questions, Commissioners? (No response.) CHAIRMAN COYLE: Okay. Thank you very much, gentlemen. Good seeing you again, Chip. Item #9A RESOLUTION 2005-124: APPOINTING WILLIAM RAFELDT TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY Page 74 March 22-23, 2005 COMMI.TIER - A DillIED COMMISSIONER HENNING: Next item, 9A. MR. MUDD: Commissioner, that brings you to 9A, which is appointment of a member to the Isle of Capri Fire Control District Advisory Committee. COMMISSIONER FIALA: Yes. I'd like to make a motion we approve William Rafeldt as recommended by the committee. CHAIRMAN COYLE: Motion by Commissioner Fiala. Is there a second? COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second by Commissioner Henning. 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: Any opposed? (No response.) CHAIRMAN COYLE: Okay. No opposed. It passes unanimously. Item #9B RESOLUTION 2005-125: APPOINTING RICHARD SIMS TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE- ADOE.IED Page 75 March 22-23, 2005 MR. MUDD: The next item is 9B. It's appointment of the member of the Golden Gate Beautification Advisory Committee. COMMISSIONER HENNING: Motion to approve Richard Sims. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Henning, second by Commissioner Fiala. 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: All opposed, by like sign. (No response.) CHAIRMAN COYLE: Passes unanimously. Item #9C RESOLUTION 2005-126: APPOINTING JOHN J. BOLAND, CHRISTOPHER SUTPHIN, JOHN DOMENIE, MAURICE JAMES BURKE AND MA TTREW WILLIAM MA TRIAS TO THE MR. MUDD: Commissioner, that brings us to item 9C. It's appointment of members to the Pelican Bay MSTBU Advisory Committee. COMMISSIONER HALAS: Yes. I believe on the bottom it Page 76 March 22-23, 2005 says that there's one individual, John -- Mr. John 1. Boland that may have a conflict, and it's my understanding that the county attorney has gotten -- received a letter in regards to Mr. Boland resigning from the property owners' association, so, therefore, I recommend that the order would be John J. Boland, Christopher Sutphin, that would be reappointment, and John Domerick (sic), and Maurice James Burke, and then for the commercial would be Matthew Williams -- CHAIRMAN COYLE: Mathias. COMMISSIONER HALAS: Mathias, yes. COMMISSIONER COLETTA: Second that. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Halas, second by Commissioner Coletta. 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: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you very much. MR. MUDD: Mr. Chairman, if I can indulge, I just want to make sure that under 13A, on that audit, that you made a motion to accept the report. CHAIRMAN COYLE: We did not, but we will. MR. MUDD: Okay. CHAIRMAN COYLE: Is there a motion to accept the financial report? Page 77 March 22-23, 2005 COMMISSIONER FIALA: I make that motion. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Fiala and a second 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: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. MR. MUDD: Commissioner, that brings us to item lOA, which is a recommendation to award a $7,596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach parking garage, project 90295, and approve the necessary budget amendments to include commercial financing. Mr. Len Price, Administrator of Administrative Services, and Mr. Ron Hovell, Principal Project Manager of Facilities Management, will present. MR. PRICE: Somebody's missing in action. MR. MUDD: Okay. Commissioner, if I could have your indulgence, we'll skip this item until Mr. Hovell comes back. CHAIRMAN COYLE: Okay. Item #lOC RESOLUTION 2005-127: AUTHORIZING CONDEMNATION TO ACQUIRE THE RIGHT -OF- WAY NECESSARY FOR THE WIDENING OF COLLIER BOULEVARD FROM TWO LANES TO SIX LANES BETWEEN GOLDEN GA TE BOULEVARD AND Page 78 March 22-23, 2005 MR. MUDD: And that will bring us to item 10C, which is a recommendation to adopt a resolution authorizing condemnation to acquire the right-of-way necessary for the widening of Collier Boulevard from two lanes to six lanes between Golden Gate Boulevard and Immokalee Road, and Mr. Feder, Administrator of Transportation sSrvices, will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any discussion by commissioners? MR. MUDD: Norman, do you need to put some things on the record, sir? MR. FEDER: I'll try and be very brief, but yes I do. I need to make sure that it's acknowledged that the board has reviewed all the attached information which shows that different alignment considerations were taken into account, that, in fact, this is consistent with our long-range transportation plan and bringing forth a needed improvement here in the county. And in particular, those items as cited in your executive summary in the agenda package. CHAIRMAN COYLE: Okay. We do have them here, along with the executive summary, and we have also gone over them in previous workshops and meetings. So we have a motion on the floor. Is there any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 79 March 22-23, 2005 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10D RESOLUTION 2005-128: OPPOSING ENACTMENT INTO LAW PROPOSED HOUSE BILL 1173 AND SENATE BILL 2303 RELATING TO NEW REGULATIONS CONTROLLING THE IMPLEMENTATION, COLLECTION AND EXPENDITURE OF IMPACT FEES BY LOCAL GOVERNMENTS THAT WILL HAVE A DETRIMENTAL EFFECT ON THE COUNTY'S ABILITY TO PROVIDE NECESSARY AND REQUIRED GROWTH-RELATED MR. MUDD: Commissioner, that brings us to the next item, which is 10D. It's a recommendation to adopt a resolution opposing enactment into law proposed House Bill 11 73 and Senate Bill 2302 relating to new regulations controlling the implementation, collection, and expenditure of impact fees by local governments that will have a detrimental effect on the county's ability to provide necessary and required growth-related capital improvements. Mr. Joseph Schmitt, Administrator of Community Development and Environmental Services will present, if you need him to present, but I believe -- COMMISSIONER FIALA: No. I make a motion that we approve. COMMISSIONER HALAS: I'll second that, but I think we -_ CHAIRMAN COYLE: I think this is worth a little bit of discussion to tell the public what's happening here, because this is a Page 80 March 22-23, 2005 very serious issue, and I think all the commissioners, at least most of them, seem to be violently opposed to this action, including me. COMMISSIONER COLETTA: Me too. COMMISSIONER FIALA: Oh, yeah. CHAIRMAN COYLE: Okay. MR. SCHMITT: For the record, Joe Schmitt, Community Development/Environmental Services Administrator. With me today is Amy Patterson, my Impact Fee Coordinator. We can go through a briefing to highlight all the changes, but to put this in a nutshell, Commissioner, if this bill passes, I will be presenting to the manager probably a proposal either to go into some type of moratorium or at least a rate of growth ordinance until we assess the impacts, because the drastic impact this will have on impact fees and the ability of the county to provide the needed infrastructure to support growth and development will be completely curtailed and, frankly, almost unable to at least effectively implement. So with that CHAIRMAN COYLE: It essentially guts the county's growth management plan -- MR. SCHMITT: Yes, yes. CHAIRMAN COYLE: -- and impairs our ability to control development unless we do just declare a moratorium, which I guess some people would like. MR. SCHMITT: Well, the manager certainly would be faced, and so would the board, with the decision on how to fund the needed infrastructure to support growth, the entire AUIR process, we would be on our -- basically on our ear, if you want to put it in that perspective, in the ability to financially support the needed infrastructure to support continued growth and development. CHAIRMAN COYLE: Let me, if I can, just highlight a couple of other things about this bill. Number one, it would essentially transfer the cost of funding Page 81 March 22-23, 2005 growth to our existing citizens to a large degree so that growth would no longer pay for growth. Now, we have a basic philosophy here that growth will pay for growth. This particular bill undermines that philosophy. Secondly, if will change the timing of when impact fees are collected, whereas, right now we collect 50 percent of them very, very early, at site plan approval, not at the time of permit approval. We collect them much earlier than that. MR. MUDD: For roads. CHAIRMAN COYLE: For roads, for roads. And this bill will eliminate our ability to do that. So it has some very serious implications, and if this bill passed and we were to go into a moratorium, we do not have the luxury of maintaining the moratorium because state law requires that we have a plan for getting out of a moratorium. So the state would then require that we increase taxes, property taxes, to generate the funds to get us out of the moratorium that this bill proposal would cause. So it's a very, very serious issue. And I see it as an attempt to undermine the ability of Collier County government to manage growth in Collier County. And with that, we've got Commissioner Halas and Commissioner Henning. COMMISSIONER HALAS: Not only that, it would be a great impact here to Collier County but also to most of the counties in Florida, and there are many counties that are in the interior portion of the state who are at maximum of 10 mills, and how they would ever address growth is beyond me. So this bill is very, very detrimental not only to Collier County but for the whole State of Florida. And if the legislators up there want to see soup lines, why, I think this is a good way they're going to see them. Thank you very much. CHAIRMAN COYLE: Commissioner Henning? Page 82 ,.,-----"---~----"-<"._---~ March 22-23, 2005 COMMISSIONER HENNING: Well, speaking about soup lines, if the legislature does pass this, I think we need to put a seizure on any -- filling any positions within the county and have to reevaluate throughout the whole organization, a reorganization, and possibly creating a soup line. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. The good thing is, we commissioners, plus staff, went up to the legislators last week to let them know of our opposition to this plan, and we let them know very strongly and succinctly, and the good thing is they heard us. So let's hope that other commissioners around the State of Florida will be doing the same. CHAIRMAN COYLE: And Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I'd like to add to that, Commissioner Fiala. We need the helps (sic) of our citizens to interact with the state representatives in a big way to let them know that they're opposed to any new mandates coming down from Tallahassee that will greatly affect our ability to be able to function as a county government and will cause the cost of doing business to go up. So, please, pay attention to what's happening. It's through your interjection that we'll be able to turn this around and change the issue to something that will be more favorable for Collier County and all the counties in Florida. COMMISSIONER HALAS: Exactly. CHAIRMAN COYLE: Yeah. And I will conclude this discussion, I hope, by providing the following information to the public. Please call your state representative or senator and tell them that you oppose House Bill 1173 and Senate Bill 2302. This is very, very important. I urge you to contact your legislators, state legislators, and stop Page 83 March 22-23, 2005 this bill. Any further discussion? (No response.) CHAIRMAN COYLE: Then we're going to approve this resolution, I presume. I need a motion. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Coletta, a second by -- MS. FILSON: I already have a motion. COMMISSIONER HALAS: There's a motion. It's already been seconded, I think. COMMISSIONER FIALA: There's a motion on the floor and a second. MS. FILSON: I have a motion by-- CHAIRMAN COYLE: Who did that? MS. FILSON: I have a motion by Commissioner Fiala and a second by Commissioner Halas. CHAIRMAN COYLE: You need to tell me about this when these things happen. COMMISSIONER FIALA: Well, if you'd join us a bit more quickly. 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: It passes unanimously. Page 84 March 22-23, 2005 Item #10E RESOLUTION 2005-129: SUPPORTING ENACTMENT INTO LAW PROPOSED FLORIDA SENATE BILL 1940 AND HOUSE BILL 1461 RELATING TO STATUTORY PROVISIONS CONTROLLING THE DISTRIBUTION AND EXPENDITURE OF GASOLlliRTAX ffiOCEEDS - ADOEIED MR. MUDD: The next item is item 10E. It's a recommendation to adopt a resolution supporting enactment into law proposed Florida Senate Bill 1940 and House Bill 1461 relating to statutory provisions controlling the distribution and expenditure of gasoline tax proceeds. This basically is the item where we're going to index gas taxes that this board's been supporting for the last three years. And Mr. Norm Feder, the administrator for transportation division, will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Halas. 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: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Page 85 March 22-23, 2005 Item #10F RESOLUTION 2005-130: OPPOSING ENACTMENT INTO LAW PROPOSED HOUSE BILL 1251 AND SENATE BILL 2424 DELETING THE EXISTING STATUTORY PROVISION THAT WAIVES A REFERENDUM TO LEVY AD VALOREM TAXES FOR PROVIDING MUNICIPAL SERVICES WITHIN A MR. MUDD: Sir, the next item is a recommendation to adopt a resolution opposing enactment into law proposed House Bill 1251 and Senate Bill 2424, deleting the existing statutory provision that waives a referendum to levy ad valorem taxes for providing municipal services within a municipal service taxing unit, and Mr. Norm Feder, administrator of transportation division, will present. MR. FEDER: Very briefly. What this bill purports to do is to provide the municipal service taxing units where there's a provision that basically excludes the requirement for a referendum, it would remove that exclusion, therefore, requiring a referendum for each MSTU to be established. That's a very onerous process and one that would, again, take away from the county's ability when, and in each case, more than 50 percent of the community has asked for additional services above and beyond and has said that they are willing to provide additional taxation for that service or item, and a referendum would make that process extremely onerous. CHAIRMAN COYLE: Yeah. I think it's important to note here that we have many communities that have come to us and said they're willing to pay additional taxes if they can receive additional services, and we've been able to accommodate their requests without the onerous requirements of a referendum. This is a way we can serve our Page 86 March 22-23, 2005 constituents more effectively, and they're trying to take that right away from us with this bill, so -- did I correctly portray that? MR. FEDER: Very well, sir. CHAIRMAN COYLE: Okay. Then any-- COMMISSIONER HALAS: I make a motion that we oppose the enactment of this law. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: So the motion is to approve staffs recommendation to oppose this particular law -- COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: -- by Commissioner Halas, and a second by Commissioner Fiala. 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. COMMISSIONER HALAS: I'd like to add also that, as Commissioner Coletta said earlier, that this is something that you need to send to Tallahassee to your legislators up there, and this is in regards to House Bill 1251 and Senate Bill 2424. It's very important that you let your people -- your elected officials up in Tallahassee know that we don't approve of this and that we need to make sure that this tax stays -- this MSTU provision stays intact as it is. CHAIRMAN COYLE: Okay. Thank you very much. Now there was no one opposed to that motion, right? (No response.) CHAIRMAN COYLE: Okay. That passes unanimously. Page 87 March 22-23, 2005 Item #10A AWARD A $7,596,000 CONSTRUCTION CONTRACT TO V ANDERBIL T BAY CONSTRUCTION FOR THE CONSTRUCTION OF THE V ANDERBIL T BEACH PARKING GARAGE, PROJECT NO. 90295, AND APPROVAL OF THE NECESSARY BUDGET AMENDMENTS TO INCLUDE MR. MUDD: Sir, I'd like to go back to lOA now. CHAIRMAN COYLE: Okay. MR. MUDD: I think we've found some people. The recommendation, it's -- this is lOA. It's a recommendation to award a $7,596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach parking garage, project 90295, and approve the necessary budget amendments to include commercial financing. Mr. Ron Hovell, Principal Project Manager, Facilities Management will present. MR. HOVELL: Good morning, Commissioners. Ron Hovell, Principal Project Manager in the Facilities Management Department. The Vanderbilt Beach parking garage, we're going to talk about the funding required, the proposed financing and contract award. This proj ect was originally approved in October of 2000 at $3.8 million, but as you're aware, there was a legal challenge. The settlement agreement was approved in November of 2003 that both restricted the height of the garage as well as required a trellis to be placed on the rooftop area. And I'll just back up just a second to this picture. As you'll see in the artist's rendering, you'll notice that this parking garage is three story. All the parking is level. It's not a ramp up and down. And Page 88 March 22-23, 2005 you'll notice down on the left of the drawing, you'll see that, in essence, half circle that gets you from one floor up to the next. So those two items, the trellis and that -- the designer calls it a helix system, are a result of that settlement agreement and significantly added to the cost of the proj ect, which we'll get to in a minute. So ultimately we are able to go out for bids, and the low bid was from Vanderbilt Bay Construction, that's just under $7.6 million, and therefore when we consider all the other things we have to pay for, we're looking at an $8.6 million project budget that's needed. On the financing side, in December of2003, this board approved a tourist development category A funding policy that laid out that beach parking facilities, including this garage in the future, would be paid for from the $2 million set aside but that the preexisting approved project would not be subject to that policy. In February and March of this year the Coastal Advisory Committee recommended financing, quote-unquote, their portion of this project, to help ease the cash flow for some major beach renourishment projects that are due to be constructed next winter. But it went -- when it went to the Tourist Development Council at the end of February, they did not recommend the financing scheme for this garage, or maybe more specifically, I don't think they recommended this garage at this price. On the 16th of March, this project went to the Parks and Rec. Advisory Board, and they recommended proceeding with the award of the bids that have been in at that point. Assuming financing is recommended -- or approved today by the board, the next step would be to go to the finance advisory committee, and they would bring back a resolution to the board for approval. The bottom line is, we're looking at an $8 million proposal for commercial paper loan, $4 million worth of principal and interest to be paid back from the parks and rec. set-aside, and $4 million to be paid Page 89 March 22-23, 2005 back from the, what most people have called the beach portion of the tourist tax category A funding. That split out was due to the fact that the original budget for this year was $4.6 million; $600,000 for design and whatnot, and $4 million towards construction, once we realized the actual construction costs, that's why the other $4 million was proposed to come out of the parks and rec. set-aside. The construction contract, as you may recall, a couple weeks back you approved the cancellation of the invitation to qualify. We'd gone out hoping to find firms that had built parking garages in the past, because we have a pretty tight site up there, and there's a lot of concern with the lack of a staging area and lay down area and the ability to do this project without -- with the least amount of impact to the local community. But that process only resulted in one recommended company with that kind of background, so obviously you couldn't then go on and compete price with only one company. So we did go out for a standard invitation to bid open to any bidders. Again, we only received two bids, one from Vanderbilt Bay Construction for 7,596,000 and the other from Lodge Construction for $7,636,210. But the bottom line recommendation is we're recommending today to approve the award of a standard construction contract to Vanderbilt Bay Construction for the $7,596,000 and endorse the use of commercial paper financing in the amount of $8 million and approve all the necessary budget amendments to bring this all together. Can I address any of your questions? CHAIRMAN COYLE: Commissioners, questions? Commissioner Coletta? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: I'll second that, and I just want to Page 90 March 22-23, 2005 say that this is something that's been very much needed, and I know a parking garage is very expensive. When we look at 20 to 40 years down the road, this is going to be an investment that's going to be very well received by the community, especially hopefully we can get additional people to the beach. And I believe there's also in this proposal that we're going to have additional facilities there, bathroom facilities and so on, that are going to be incorporated in this whole project also; is that correct? MR. HOVELL: Yes, sir, bathrooms. COMMISSIONER HALAS: And to me that's a primary concern as far as when you get residents to the beach. I appreciate that very much. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Just wanted to ask you, is this a two-story or three-story building? MR. HOVELL: It's ground level plus two stories above that. A total of three. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: I have just a couple questions. Ron, when you appeared before the TDC, you mentioned a price somewhere in the range of $10.2 million. How does that relate to this particular bid? MR. HOVELL: Yes, sir. In your executive summary package, we laid out a table of commercial financing. The $8.6 million is just the direct costs that we'll have to pay. Depending on the interest rates, we laid it out in the table at 2, 3, 4, and 5 percent, just to give you an idea. We anticipate somewhere in the range of 2 to 3 percent based on current rates if we go forward in a timely manner. But yes, it will add somewhere in the neighborhood of one to two million dollars, depending on which rate we're able to get. CHAIRMAN COYLE: The rate you get. So we're looking at Page 91 March 22-23, 2005 roughly 10 million or more for the total costs? MR. HOVELL: Well, if it's in the 2 to 3 percent range, it will probably be nine something, yes, sir. CHAIRMAN COYLE: Okay. All right. And I suspect we have majority support on this board, but I'm going to vote against it. Here's why, not because I don't like the garage. My point is that for 9 or $10 million, we can accommodate a lot more people using another alternative. We're going to create 250 new parking spaces, if I remember correctly, as a result of expending almost $10 million. While it's a nice garage, I think it's well designed, I know the people worked hard to get it, it serves a good purpose, I just think if you could take that amount of money, you could serve a lot more than 250 people in Collier County and try to find places for them to park to get them to the beach. So I will vote against it for that reason. I'll now call the question. COMMISSIONER HALAS: But, Commissioner, can I just say one thing. CHAIRMAN COYLE: Sure. COMMISSIONER HALAS: I believe that we're having a partnership with the hotel so that we are going to incur some rent on this after hours when they have large events at the Ritz-Carlton. I believe that's part of the -- part of the financing or the package so that basically it will be cost effective in the long run, I believe. CHAIRMAN COYLE: Well, I haven't seen any evidence of that, but do you have some estimates of the revenue? MS. RAMSEY: For the record, Marla Ramsey, Administrator of Public Services. In the settlement agreement that we did with WCI, there is a clause in there that the Ritz-Carlton can use it after hours for valet parking. We have not discussed dollar amounts with them yet, but that is an option. We have not put that revenue stream into our system yet. Page 92 March 22-23, 2005 CHAIRMAN COYLE: Okay. All right. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you very much. I just wanted to say that when it comes to providing for the public and beach access, that you're right, there should be more than one way to do it, and I do agree that, you know, taking people and moving them to the beaches is a very effective way to do it, but I would say that would be in addition to a parking garage. We have such a shortage in the inventory of ability to get the people to the beaches that it's just begging for all sorts of solutions, and I see this as one of many solutions, but I also endorse what you were talking about, Commissioner Coyle. CHAIRMAN COYLE: We need to look at them all, and that's the only concern. I was hoping that maybe for $10,000 (sic) we could accommodate 500 people or 1,000 people to get them to the beaches, but that mayor may not be the case, and I understand it's subject to debate. But I just want you to understand where I stand on the issue. So I'll call the question. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed, by like sign. Aye. So it passes 4-1. Item #10H RESOLUTION 2005-131: OPPOSING HOUSE BILL 1325, AND ANY SIMILAR FLORIDA STATUTES, THAT WILL SEVERELY LIMIT ALL GOVERNMENTAL AUTHORITIES FROM PROVIDING CABLE AND TELECOMMUNICATIONS Page 93 March 22-23, 2005 SERVICES, AS WELL AS ACQUIRING (OR EVEN CONTRACTING WITH) TAX-PAYING WATER AND/OR WASTEWATER ENTITIES, INCLUDING REQUIRING THE ACQUIRING GOVERNMENT TO CONTINUE TO PAY AD VALOREM AND OTHER TAXES BEING PAID BY THE TAX PAYING ENTITY, AND REGARDING ALL SUCH SERVICES, THAT THE FLORIDA PUBLIC SERVICE COMMISSION MUST MR. MUDD: Commissioner, you have a -- well, maybe we can do another one. The -- let's try to do 10H, because I'd say we could probably get Mr. DeLony's done, but I know better. 10H, and that is basically to oppose House Bill 1325 and that was -- that was an add-on, and it basically is a recommendation to adopt a resolution opposing House Bill 1325 and any similar Florida statutes that will severely limit all governmental authorities from providing cable and telecommunication services, as well as acquiring or even contracting with tax paying water and/or wastewater entities, including requiring -- requiring the acquiring government to continue to pay ad valorem and other tax being paid by the tax paying entity and regarding all such services that the Florida Public Services Commission must rule in favor of the tax paying entity. Mr. French from community -- COMMISSIONER HENNING: Motion to approve. MR. MUDD: -- development's environmental services will present. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any discussions by commissioners? (N 0 response.) Page 94 March 22-23, 2005 CHAIRMAN COYLE: Okay. I'll a call-- any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. I will call the question. 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: All opposed, by like sign. (No response.) CHAIRMAN COYLE: Seeing none, it is approved unanimously. Item #101 AMENDMENT NO.3: TO EXTEND THE TIME AND AMOUNT OF THE CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT BY PBS&J, INC., FOR THE GOODLETTE-FRANK ROAD IMPROVEMENT PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134- .A.E:eR OVEn MR. MUDD: Commissioner, we might even be able to do 101, which was 16B5. I believe you had some concerns and some questions about the Goodlette- Frank CEI contract or change order on that particular item. And 16B5 was a recommendation to approve amendment three to extend the time and amount of the contract for professional services agreement by PS -- excuse me -- PBS&J, Inc., for the Goodlette-Frank Road improvement project from Pine Ridge Road to Vanderbilt Beach Road, project number 60134, fiscal impact $152,197, and Mr. Norman Page 95 March 22-23, 2005 Feder, your Administrator for Transportation, will present. CHAIRMAN COYLE: Okay. Norm, the only thing I want to clarify here is that this is an extension for the project manager, not the contractor. MR. FEDER: The construction engineering inspection. CHAIRMAN COYLE: Inspection. Okay. MR. FEDER: And what I need to touch base to clarify on that, sir, is that the contractor, Ajax we have granted them on recent actions, where they asked for a total of about 47 days, 23 days to resolve the last of the utility constricts that resulted on that project. That puts their final completion as of tomorrow. After that date, they face over $5,000 a day that we plan on instituting liquidated damages. And I will tell you that they're going to protest and pursue additional days be awarded, but the CEI, the construction engineering inspection, Post, Buckley, on this job. Their role is to oversee the project, make sure it is built according to the designs. And where we run into these issues, they require us to modify, and, therefore, to add days, to modify the design package, work with those days and manage them so that we only grant additional days as is required, and then lastly, to make sure they build -- establish as built plans so that those surprises that we experience in utilities underground are things that are not surprises in the future. So, yes, this is only for the one managing the contract, not the contractor, and the contractor will be in default as of Thursday. CHAIRMAN COYLE: Thursday. Okay. So let me summarize, see if I got this right. We have some dispute with the contractor that they have not done this job as quickly as they should have. MR. FEDER: Very definitely. CHAIRMAN COYLE: They have said they needed additional time of 46 -- MR. FEDER: Forty-seven days. Page 96 March 22-23, 2005 CHAIRMAN COYLE: -- 47 days. We have examined it and granted them 23 days, and that will expire on Thursday of this week. After that, they will be faced with $5,000 a day penalties for failure to complete that construction. The action that you're requesting our approval for today is to only provide us with the construction inspection services -- MR. FEDER: To continue to monitor. CHAIRMAN COYLE: -- necessary to continue to monitor what that contractor does, and is -- in no way rewards the contractor for being late on the job; is that a fair statement? MR. FEDER: Very fair, the only difference is actually they're in penalty after tomorrow. On Thursday they're in penalty. CHAIRMAN COYLE: Yes, understand. Any questions or comments, Commissioners? COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Halas. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. No further 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: Did you say aye? COMMISSIONER COLETTA: Aye. I sure did. CHAIRMAN COYLE: Okay. Then it's unanimous. Page 97 March 22-23, 2005 Item #12A CLOSED ATTORNEY-CLIENT SESSION PURSUANT TO SECTION 286.011 (8) FLA. STAT., TO DISCUSS STRATEGY RELATED TO LITIGATION IN THE PENDING CASE OF COLLIER COUNTY V. DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF NAPLES, CASE NO. 04-1048GM, PENDING IN THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AND THE SECOND DISTRICT COURT OF APPEALS CASE NO. 2DCA#2D05-392 - A MOTION WAS MADE TO OFFER THE CITY OF NAPLES $10,000 FOR HARD COSTS - AEEROVED MR. MUDD: Commissioner, this would now move this board into closed session under item 12A. This item to be heard at 12 noon on March 22nd, 2005, to discuss strategy related to the litigation in the pending case of Collier County versus the Department of Community Affairs and the City of Naples, case number 04-1 048GM, pending in the State of Florida Division of Administrative Hearings in the Second District Court of Appeals, case number 2DCA#2D05-392, and we'll go to closed session, and we'll come back and continue this meeting at one p.m. CHAIRMAN COYLE: Okay. Good. Thank you very much. (A closed session was held, a luncheon recess was had, and the proceedings continued as follows in open session:) CHAIRMAN COYLE: We are back in session. MR. MUDD: Mr. Chairman, you have a hot mike. I'm going to need to get one more commissioner in here, I believe, before we can -- before we can officially start. So just bear with me for just a second, ladies and gentlemen, because this takes a supermajority in the particular thing. Leo, if you could do that. Page 98 March 22-23, 2005 Jacqueline, are you ready finish this issue? Mr. Chairman, there's one thing that you need to get accomplished before we start the one o'clock time certain, and this shouldn't take long. We had a closed session meeting to talk about item 12A, and I believe you need -- we did that on a closed session, now we need to come back into the sunshine, okay, if the board directs any particular action, and Ms. Jacqueline Hubbard-Robinson from the county attorney's office is here to present. CHAIRMAN COYLE: Okay, Jackie, go ahead. MS. HUBBARD: All right. What we were requesting is a motion from the Board of County Commissioners to the effect that the county will -- attorney's office will be directed to offer to the City of Naples in the City of Naples versus -- Collier County versus City of Naples administrative proceeding an offer to settle the matter for the hard costs that have been expended by the city in the amount of up to $10,000. The amount will be up to you -- and trans -- and order us to transmit that to the attorney for the City of Naples. It's my understanding that once that is transmitted to the City of Naples counsel, he will place it on the agenda for discussion by the county -- I mean, the counsel for the city. And at the same time, you should be aware that we have an appeal pending and there's a deadline for our filing of the initial brief, and we need some direction from the board regarding whether or not -- in the event the City of Naples accepts the offer to settle the matter for a $10,000 payment of their hard cost, in exchange they would, of course, dismiss their motion for attorney fees and we would dismiss our appeal. In the event the offer is reject -- and hopefully they will accept it. In the event the offer is rejected, we need some direction from the board regarding whether or not we shall continue to pursue the appeal. I would like to remind the board that the drafting of the initial Page 99 March 22-23, 2005 brief is already underway and would be completed by myself from our office and would not involve outside counsel. CHAIRMAN COYLE: Okay. Thank you very much. Is there a motion? COMMISSIONER HALAS: I make a motion that we offer the City of Naples $10,000 for hard copy -- MS. HUBBARD: Hard costs. COMMISSIONER HALAS: Our hard costs, excuse me, and that we would not (sic) proceed with the appeal if they turn this down, but if they reject it, then we'll probably go ahead with the appeal. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas, second by Commissioner Fiala. Any discussion by commissioners? (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: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. COMMISSIONER HALAS: Yeah. I'd just like to add that I hope the city accepts this because I think it would benefit the taxpayers, not only in the county, but in the city, in regards to bringing this to an end. Thank you. MS. HUBBARD: Thank you very much. CHAIRMAN COYLE: Thank you. Page 100 March 22-23, 2005 Item #8B ORDINANCE 2005-15: PETITION PUDZ-2004-AR-5967 ECOVENTURE WIGGINS PASS, LTD., REPRESENTED BY ROBERT J. MULHERE, AICP, OF RW A, INC. AND RICHARD D. YOV ANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN & JOHNSON REQUESTING A REZONE FROM THE C-4 ZONING DISTRICT TO A "PUD" PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO BE KNOWN AS THE COCONILLA PUD. THE PROPOSED CHANGE WOULD ALLOW FOR 95 DWELLING UNITS IN TWO RESIDENTIAL TOWERS WITH 10 FLOORS OF RESIDENTIAL UNITS OVER ONE FLOOR OF PARKING, A PUBLIC USE TRACT ADJACENT TO COCOHA TCHEE RIVER PARK AND A MARINA BASIN CONTAINING 29 WET SLIPS. THE PROPERTY IS LOCATED AT 13635 VANDERBILT DRIVE, COLLIER COUNTY, FL, ::l:: MR. MUDD: Mr. Chairman, that brings us to our time certain item of 1 :00 p.m., and it's now 1 :04. And it's basically going to start with item 8B. And this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2004-AR-5967, EcoVenture Wiggins Pass, LTD, represented by Robert J. Mulhere, AICP, ofRW A, Inc., and Richard D. Y ovanovich, Esquire, of Goodlette and Coleman and Johnson requesting a rezone from the C-4 zoning district to a PUD, planned unit development, zoning district to be known as the Coconilla PUD. The proposed change would allow for 95 dwelling units and two residential towers with 10 floors of residential units over one floor of parking, a public use tract adjacent to the Cocohatchee River Park and a marina basin containing 29 wet slips. Page 101 March 22-23,2005 The property is located at 13637 Vanderbilt Drive in Section 17, Township 48 south, Range 25 east, Collier County, Florida, consisting of 10.45 plus or minus acres. And with the chairman's indulgence, I'll also read 7B so that when everybody's swearing in, then we'll get them all in at the same time in disclosing and we'll get that resolved. Is that okay, Mr. Chairman? CHAIRMAN COYLE: That would be fine. MR. MUDD: Item 7B which follows 8B, this item is to be heard immediately following 8B, which is scheduled for 1 :00 p.m. on March 22nd, 2005. This item requires that all participants again be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2004-AR-6625, Eco Venture Wiggins Pass, Limited, represented by Robert J. Mulhere, AICP, ofRWA Consulting, Inc., and Richard D. Y ovanovich -- and Richard D. Y ovanovich -- COMMISSIONER FIALA: Oh, look it. MR. MUDD: See, the drum roll before I get to Mr. Yovanovich's name -- and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, requesting a conditional use of the C-4 zoning district for a hotel and spa per chapter 2.04.03 of the land development code. The subject property consisting of 10.45 acres is located at 13635 Vanderbilt Drive in Section 17, Township 48 south, Range 25 east, Collier County, Florida. MR. SCHMITT: Commissioners, good afternoon. For the record, Joe Schmitt, administrator of Community Development/Environmental Services division. With me today, Mike Bosi -- MS. FILSON: Mr. Chairman, you need to swear in. MR. SCHMITT: Yes. CHAIRMAN COYLE: Yes. Everyone who's going to Page 102 March 22-23,2005 participate in these proceedings, please stand and be sworn in. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank you. MS. FILSON: Ex parte. CHAIRMAN COYLE: Yeah. Jim, could we have someone check and see what's wrong with this ventilator back here? MR. SCHMITT: We have somebody checking on it. MR. MUDD: Mr. Ochs and Ms. Price are on their way already. CHAIRMAN COYLE: Thank you very much. MR. SCHMITT: Again, Mr. Chairman, for the record, Joe Schmitt, administrator of Community Development/Environmental Services division. With me today, Mike Bosi, principal planner and Ray Bellows, zonIng manager -- CHAIRMAN COYLE: Joe, forgive me for just a moment. We have to have ex parte disclosure for the Board of County Commissioners. MR. SCHMITT: Okay. CHAIRMAN COYLE: Gentlemen, Commissioner Halas? COMMISSIONER HALAS: Yes. I've had numerous meetings and numerous e-mails, I've met with constituents, I met with staff on this thing, and all of my ex parte is located back here, including a large box of information. And with that, I guess that's about the whole disclosure here. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I think I've had a record number of meetings, a record number of e-mails. I think this is one of the most proactive citizens' efforts I've ever seen from about three different sides. This is a portion of it. You did a good job. CHAIRMAN COYLE: And I have met with the petitioner and the petitioner's representatives, I have met with the residents on both sides of this issue, I've received e-mails, letters, everything you can Page 103 March 22-23, 2005 imagine, telephone calls, and that's all in my public records file behind me. If anyone wishes to see it, contact my secretary, she'll be happy to give it to you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I, too, have received many, many phone calls, e-mails, I've had conversations with residents, I've gone to visit them in their homes and taken a look from their patios when I've been invited, I've had conversations with the petitioner and with his representatives and with staff and -- on numerous occasions, and as I say, I've had phone calls as well from many different people. Oh, and we have a box of petitions back here also that I've got. I can't pick up all of this stuff to show you because it's so -- it's about this tall. But I want to tell you, it's all here if anybody wants to sift through it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: It's all here, including the box. And if anybody wishes to review it, feel free. Also, but not limited to, I spoke to a reporter on this issue, and I did not meet with anybody. CHAIRMAN COYLE: Thank you very much. Okay, Joe, you can proceed now. MR. SCHMITT: Okay. Well, just to -- I want to preface and start this so you understand where we're going. Before you today are two items. Item 7B, which is a proposal for a conditional use for a hotel and spa within a C-4 district, and item 8B, a request to rezone the C-4 district from C-4 to PUD for the construction of a 95-unit two-residential-tower project. I wish to stress to the board that this is somewhat unique in that the petitioner submitted two land use petitions simultaneously, and as such, staff processed and scheduled these petitions to be heard at the same public hearings. Though unique, the process is in no way a violation of our land development code. Likewise, though related, please note that these Page 104 March 22-23, 2005 petitions are not companion items. They are mutually exclusive, that is, they are separate and distinct petitions. In addition, please note that this is not an either/or situation. You certainly have the right and the authority to deny both requests, and as such, the site will remain C-4. Considering the public -- considering that the public will most likely address both petitions, I would recommend, and with your concurrence, to allow the petitioner to present both proposals so that you have an overall understanding of both of the projects. With item 8B, as Mr. Mudd noted, the residential PUD, the first petition, followed by the conditional use request, then the staff summary, and then closing comments from the petitioner. I recommend that you then -- well, it wouldn't be closing comments then. But I recommend that at that time you allow for public comments -- public comments are certainly going to address both petitions -- followed by the closing comments from the petitioner and staff. So with your concurrence, we would proceed along those lines. I would then propose that you hold the vote for both -- wait for the final comments from the petitioner and staff, and that you vote on item 8B first, and then followed by item 7B. So if you -- with your concurrence, we'll proceed along those guidelines. CHAIRMAN COYLE: That will be fine. MR. SCHMITT: All right. CHAIRMAN COYLE: Thank you. MR. SCHMITT: Mr. Yovanovich? MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner for both petitions. With me today -- and not all are going to speak, but I wanted to introduce the whole team -- is Ed Oelschlaeger with the Eco Group. Our professional planner on the project is RW A, both Bob Mulhere and Dwight Nadeau are planners working on this project. Mr. Nadeau Page 105 March 22-23, 2005 will be speaking to you today. Bob Hall is the architect on the project; Ken Humiston will address some of the environmental issues; Ron Talone (phonetic) is our transportation consultant. He will not be speaking unless you have specific questions. Joe Tucker with Mactec is here to address other environmental issues mainly related to clean up, if you have any questions regarding that, otherwise he's not going to be speaking; Eddie Woodruff with Passarella is here to address, if you have questions regarding listed species and wetland issues; Doug Realstone is co-counsel with me and can address any environmental/legal issues you may have; and, finally, Thad Kirkpatrick is the owner's attorney, who is also here. The order of presentation will basically be me addressing project overview and consistency with the compo plan, Mr. Nadeau will then give his professional planning opinion regarding compatibility, Mr. Humiston will address some of the issues we take exception to regarding the EAC recommendation, Bob Hall is the architect who will take you through some of the site planning and architectural issues, and then staff would go, and then we would reserve our time to respond to any public comment. It may go a little bit quicker if you allow the entire team presentation. We may address some of your questions, but it's certainly up to the chair. If you want to ask questions at any time, we're available to answer any of your questions. I wanted to first include for the record a copy of the transcript for the hearing before the Planning Commission, just enter that into the record. I know a lot of people have seen the replay, and I just want to include that in the record. MR. WEIGEL: Mr. Chairman, county attorney, I'd like to make a note for the record, and that is, with the introduction of the Planning Commission transcript to the record, which is voluminous, I would like the record to reflect that you do not -- are not reading it at this time at the hearing. It is merely being placed of record. Page 106 March 22-23,2005 CHAIRMAN COYLE: Okay. Thank you very much. MR. WEIGEL: Thank you. MR. YOV ANOVICH: And then we'll go ahead and move into the proj ect summary. As you know, you have two different petitions in front of you. One is for a planned unit development and one is for a conditional use for a destination resort hotel. The planned unit development is for a 10.45-acre site, which is currently zoned C-4. It's adjacent to the county park. Let me jump back a second. Let's deal with the consistency with the compo plan issues. On your -- Jim, do I just go to laptop? MR. MUDD: Sure. MR. YOV ANOVICH: On your visualizer -- thank you -- is the future land use map for Collier County. And I want to address some of the compo plan issues. Your staff did a very good job of summarizing the issues, but I just wanted to briefly touch on those for the purposes of the record. As your staff report indicates, the county's compo plan was originally adopted in 1989. The county went to an activity center concept for commercial development. This particular parcel would not qualify as commercial under today's comprehensive plan. It was designated C-4 because a marina existed on the site and that C-4 use was found consistent with the compo plan and, therefore, commercial is allowed to occur. The county provides an incentive for properties that are zoned commercial to convert to residential when they're in a location where commercial is not authorized under the comprehensive plan. The density rating system specifically provides for this conversion, and the conversion is for up to 16 units per acre. This density bonus provision, as your staff indicates, applies to commercial properties within the coastal high hazard area. In fact, as your staff report indicates, there's been a precedent Page 107 , ...._ or ...... _______.'" March 22-23, 2005 where the board has, in fact, applied the density bonus conversion along Bonita Beach Road in the coastal high hazard area, has applied this provision to the conversion of commercial to residential, and that was a conversion to 16 units per acre from a previous commercial use. So we're not asking you to do anything different than you've already done in the past. There are several portions of the county, as you know based upon your future land use map, and your staff report indicates that in 19 -- when the compo plan was adopted, there was specific discussion regarding limiting densities in various areas of the county. And on your map, which I don't know if you can read it very clearly, is the urban coastal area, and that's the crosshatched area that's basically south of U.S. 41. In that area there are some limitations for density bonuses and one of those deals with affordable housing. Instead of a bonus of up to eight units per acre, it's limited to six units per acre. So there was specific and deliberate discussion about how density bonuses would be applied in Collier County. The reason for that area having a limitation on density, as you can see, is it's in the south part of the county. It's an area where the evacuation times are much greater than in the northern portion of the county . And as your staff report indicates, our property, it has a recommendation of evacuation time of 18 hours. In fact, we have an evacuation time of nine and a half hours, so we greatly exceed the comprehensive plan's evacuation time and your -- and Dan Summers has provided testimony through your executive summary, that evacuation time is not an issue in this portion of Collier County. There are other provisions in the density bonus provisions within your comprehensive plan that talks about limitations of where density bonuses apply, and I'll go through those. One of them is the residential density band around an activity center. Your compo plan Page 108 March 22-23, 2005 specifically says that you will not allow the residential bonus to be applied in a coastal high hazard area. So your compo plan addresses it specifically there. Residential infill where you can, if you're less than 20 acres, you can ask for a density bonus of up to three units per acre. Your compo plan, again, specifically says, it doesn't apply in the coastal high hazard area. And, you know, finally your TDR provisions say you cannot transfer units into the coastal high hazard area. The point of that discussion is that the board specifically addressed the areas where they wanted to limit density bonuses. They specifically limited it in those areas where they did -- didn't want the bonuses to apply. There is no limitation in the future land use elements density rating system on the conversion of commercial to residential; there are no limitations. So we can ask for up to 16 units per acre as your staff report indicates. And we'll have to deal with those issues of compatibility and evacuation times, which the record is clear that we do not negatively affect the evacuation times. So from a comprehensive plan perspective, we're 100 percent consistent with the comprehensive plan. DCA in your previous hearing -- briefly, DCA said basically the decision's up to you. There's no state statute that you'd be violating by approving the density we're requesting, so that's -- there's no issues from the state's perspective. I want to go into briefly the project and surrounding developments. This is an area -- aerial of the area. You can see the former marina site at the intersection of Wiggins Pass and Vanderbilt Drive. It's on the west side, obviously, which would be the top of the screen on this particular case. Around us are several proj ects that either are approved for high-rises or have already had high-rises constructed, and I'll briefly take you through those. Page 109 __.,.,.._.."_....,_..~"'_,O,'"',......._"".-'v,~~,~"._,,,,,,",__...,,.,~~,,.__..... March 22-23, 2005 To our north where the arrow's indicating, there's an existing 17 -story building, approximately 190 feet in height, and that's the Arbor Trace building. To the south of Arbor Trace is the approved Cocohatchee Bay PUD. It's approved for four buildings that are 20 stories, maximum height of 200 feet, and one building that's 15 stories, and the IS-story building is the most northern building on this exhibit. The interesting thing about that PUD is you don't count the parking levels in the height of the building. So we would assume that on a 20-story building, you'll probably have two levels of parking below that building, so you're probably looking at 230, 240, maybe even higher, buildings than the 20 stories, and probably over 170 feet for the 15-story building, and that's an approved PUD. This is our proj ect. It contains two towers, a north tower and a south tower. There are 10 stories over one level of parking. Overall height, and this is your truth in advertising height, not your zoned height, is 144 feet. Adjacent to us is the Pelican Isle Yacht Club, which contains three towers, each of which is 10 stories over parking. The overall height is 130 feet, 9 inches. The density on that site is up to 11 units per acre. So it has -- it's more dense than what we're requesting, which is nine and a half units per acre. To our south is the Marina Bay Club, which is 10 stories over parking. The overall height is approximately 130 feet. A little further south is The Dunes. It has three towers, 12 stories over one level of parking. The overall height is approximately 160 feet. And Cove Towers to the east of us is three towers, 15 stories over two levels of parking. Overall height is approximately 193 feet, and two towers of 13 stories over one level of parking. Overall height is approximately 173 feet. So we're clearly asking for building heights that's been established in the area, so compatibility is not an issue from building Page 110 March 22-23, 2005 height -- from a building height perspective. I do want to, before I get into the site plan, talk about the neighborhood information meeting which we held. It was very well attended. I would say approximately 200 people were in the audience. And I think the concerns from the residents was, one, they wanted to us reduce traffic and, two, they did not want us to develop a straight commercial proj ect. It was clear to me from the sentiment of the groups, that they clearly wanted the residential option first. That's what they really want approved by the Board of County Commissioners. And if that's not approved, they wanted the destination resort hotel approved. In fact, the North Bay Civic Association put this to a vote when Mr. Oelschlaeger was present, and the initial vote was in favor of the residential. I think it was 20 to 17; 20 in favor of residential, 1 7 in favor of the destination resort hotel. Some people left and the vote flipped, and it was 17 in favor of the destination resort hotel and 15 in favor of the residential. So it's clearly not a black and white issue from north -- the membership of North Bay that attended that meeting as to what they do or they do not want. I do want to point out that since that meeting, North Bay has filed legal briefs against both petitions, so I don't know. I'm assuming they're sticking to that position at this time. I want to briefly take you through the site plan and the project. Again, this is -- the site plan shows you that we're immediately adjacent to the county park. You can see the future public use tract to the south is where we will work with the county at our expense to reconfigure the county's parking. This is a little closer-up view of the site plan that shows you the locations of the buildings. We have a northern tower and a southern tower. I want to go through the development standards. The residential plan as proposed has a front setback from Vanderbilt Drive of 180 feet Page 111 March 22-23, 2005 for the southern building, and over 200 feet for the northern building. The side setback is 60 feet. So you can see we set these buildings back well over 100 percent of the building height, but the residential plan provides for 64 percent open space. The existing commercial zoning would allow setbacks as close as 25 feet to the road and 15 feet for the side setbacks, and the commercial open space requirement is only 15 percent. The benefits of the residential zoning is increased access to the water and to the beach, additional county parking, and improved egress to the traffic signal, and less intrusion into the residential neighborhood, including significantly less traffic than the commercial alternatives. I'll get into a little bit more detail. In our previous petition we had agreed to address some perceived issues from the community about the marina going away. Keep in mind, the marina has always been private property. The public has never had the right to use that property. Only those people leasing from the marina had the right to use the property. It was -- it was perceived that somehow we were taking the public's access to the water away, and we wanted to address those issues. And we agreed to contribute a million dollars towards the construction of the Lely Barefoot Beach Preserve boardwalk. If for some reason that project is not going forward with the county or if for some reason you've already funded it, we're still committed to providing a million dollars for the county to use for beach access however the county sees fit to address the beach access concern that was raised. We also agreed to contribute a million dollars to public water access, and we earmarked that money for the North Bay area because they were concerned about people being able to boat in the water. Again, only a limited number of people could actually use the marina. This one-million-dollar contribution will greatly enhance the general Page 112 March 22-23, 2005 county population's ability to actually get a boat in the water and use the county's asset of the waterway. And, finally, we agreed, as I've talked to you about it, was to reconfigure the county's existing county parking together with contributing some of our land to reconfigure at our expense the county's parking to increase the amount of parking spaces in the area by approximately 29 boat trailers and 21 car parking spaces. So we have clearly addressed what we were told were the issues from the area regarding public access to the beach and public access to the water. This just shows you where the dock would be if the county goes forward with that. And, again, the million-dollar contribution can be used anywhere by the county. This is just one suggestion. From a traffic standpoint, the neighbors were very concerned about what would happen to their neighborhood if we were to develop either of the three alternatives. The first alternative is the residential, the second alternative would be the destination resort hotel, and the third alternative is, if you deny both petitions, to develop a commercial proj ect. And in your staff report you've seen -- and these are the numbers. You know, if we were to develop under the existing zoning today, a retail shopping center, and it would be a high-end retail shopping center. It would be something that attracts people. You know, it would be like Venetian Village. We'd have to bring people there to use these shops. So it would be an attractor that you can expect, you know, 7,300 trips a day under the commercial alternative. If we were to do a destination resort hotel, you can expect about 1,300 trips per day. The former marina had a little over 1,200 trips per day. And by far, the least intrusive traffic-wise into the neighborhood is the proposed residential PUD with 539 trips per day. At this point I'm going to ask Mr. Nadeau to come up and briefly talk to you from a professional planner's perspective about compatibility and consistency with the compo plan, and then after that Page 113 March 22-23,2005 we're going to have Ken Humiston come up and address some of the EAC issues we have, and after that, we'll have Mr. Hall come up and take you through in greater detail the architecture and site plan. With that, I'll turn it over to -- where'd he go? MR. NADEAU: Commissioners, good afternoon. For the record, my name is Dwight Nadeau. I'm planning manager for R W A. I've been a professional planner in Collier County, both representing you as well as the development community for the past about 18 years. I'm pinch-hitting for Bob Mulhere who's out at the San Francisco National Conference presenting our TDR program. And so while I'm not completely familiar with the project, I have reviewed all of the materials. Staff has made a thorough exploration of the potential aspects, positive and negative with this project. They made a finding of compatibility based on the surrounding land uses as well as being complimentary with the surrounding land uses. They also have found that the public use portion of the petition is fairly significant related to this development itself with the improvements identified by Mr. Y ovanovich' s presentation. The additional contributions are significant. The deviations that were proposed in the PUD have been found to be consistent with the land-use related hardships associated with the project, and they support all the deviations suggested. The comprehensive planning department has reviewed the project and has found that it is consistent and compatible with the comprehensive plan. You have also found that there's a sig -- reduction in traffic as a result of the proposed use. Where you were seeing some peak hour trips -- excuse me. Where you were seeing some average annual daily trips, our county measures based on peak p.m. hour trips were substantially less than the former marina and significantly less than the C-4 land uses. Based on that, staff made the conclusion that the proposed 9.48 Page 114 March 22-23,2005 dwelling units per acre of the Coconilla PUD was compatible and complementary with the surrounding lands. You have on page six of your executive summary a very detailed list of legal considerations, all of which were found to be appropriate and have been satisfied by this petition. I'd be happy to answer any questions that you might have. CHAIRMAN COYLE: I think we're going to hold those questions until the end of the presentation. MR. NADEAU: Oh, yes. I was advised that from a professional planner's standpoint, we agree with all of the conditions and findings made by staff. CHAIRMAN COYLE: Thank you. MR. HUMISTON: Ken Humiston with Humiston and Moore Engineers. As Rich Y ovanovich mentioned, there were a couple of staff recommendations that went to the Environmental Advisory Council to which we make exception, and I just wanted to take a few minutes and go over those. Those items were in the PUD rezone staff summary that was given to the EAC, item number one, which dealt with a draft restriction for vessels using the area, and item number four, which dealt with an issue of planting of mangroves in the proposed boat basin. On the conditional use petition, those same two items were in there respectively as items two and item one. Taking up the issue first of the draft restriction. The staff recommendation stated that draft restrictions will be in accordance with the manatee protection plan in effect at the time of the site development plan, construction plan submittal. There is, in fact, no draft restriction in the manatee protection plan. What the manatee protection plan says -- and I have this up here on the screen. The highlighted part it says, the Army Corps of Engineers designed the Wiggins Pass system for three-foot draft Page 115 March 22-23, 2005 vessels, and current maintenance dredging permits are based on the three- foot draft design. I think that this does create a little bit of confusion because of the discussion of the three-foot draft as part of the design, and what I wanted to explain is that the three-foot draft is only one element of a set of design criteria that was used by the Corps of Engineers to determine what would be the most economical depth to which to dredge the inlet. It was never intended as a draft restriction. And to illustrate this, we've prepared this exhibit. Over on the left-hand side is the exhibit that shows the set of Corps of Engineers criteria. It illustrates a three-foot draft vessel at low tide with a two- foot wave allowance. And I want to clarify that a two-foot wave allowance means displacement of the boat hull two feet below the still water level. So that does, in fact, correspond to a four-foot wave, which is really a pretty severe condition for any boat to be navigating through Wiggins Pass. In fact, the Corps of Engineers' wave information study shows that waves of a four-foot height or higher occur only approximately two and a half percent of the time, which would be roughly eight days per year. If you consider as well that the low tide, which occurs in this area either once or twice a day since we have a mixed tide, depends on the time of the month and the phase of the moon, but if you assume you have a low tide condition approximately two hours per day, this extreme condition that the Corps of Engineers combined with a three- foot draft to determine the economic depth of dredging really only occurs about 16 hours per year. The rest of the time, under better weather conditions or more favorable tide conditions, there's actually plenty of water for vessels with drafts greater than three feet to use the inlet, and they do. And some of those conditions are indicated in the three right-hand panels, all with the three-foot draft boat, you can see that at mean tide and Page 116 March 22-23,2005 high tide, there's more than adequate depth for a three-foot draft or more vessel in this area. Just taking this a little bit further regarding the Corps of Engineers -- this is actually out of their manual regarding the design of small boat navigation projects. And it reiterates what I said before, that the design vessel will provide the economic optimum project. But specifically it says, however, larger vessels may use the project. So that's a confirmation that the Corps of Engineers does, in no way, intend their design vessel criteria to imply that it's a draft restriction. And I think to further illustrate that point, it goes on here to say that under special conditions, such as infrequent one-way transit, which would mean that the Corps of Engineers actually contemplates the use of a waterway by vessels that are so large that only one of those boats could navigate the channel at a time. In other words, there would be one-way traffic to allow a very large vessel to navigate the waterway. Clearly we're not dealing with that kind of a situation here at Wiggins Pass. This is the same exhibit you looked at before, except at the bottom we just created a scale drawing that shows what is approximately a five-foot draft vessel and a three-foot draft vessel passing two-way traffic in the channel. And to my knowledge, there are no vessels in that area with a draft as deep as five feet. The second issue that I wanted to address was the issue of mangroves, and the staff recommendation states that as part of the biological opinion from the U.S. Fish and Wildlife Service, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the terminal ends of the bay with .82 acres of mangroves. There are actually two problems with this statement. One is, it implies that the Fish and Wildlife Service were requiring this planting of mangroves, which is not the case. This mention of the mangroves Page 11 7 March 22-23,2005 in the U.S. Fish and Wildlife Service biological opinion, which really dealt with the eagle issue, is in the part of the biological opinion on the description of the proposed activity. The mangroves were not required by the Fish and Wildlife Service or the State of Florida or any regulatory agency. They were really added as a landscaping feature by the applicant. And I'll explain that a little bit more in a minute. And the other item in this statement, which I think needs clarification, is that it states that the mangroves were in the basin for flushing purposes, which is not correct. In fact, if you have water flowing through an area and you introduce vegetation, the vegetation roots would simply create friction and actually interfere with the flushing rather than enhance it. To explain how the mangrove planting became part of this, we prepared this illustration, which shows three different boat basins, boat basin of three different dimensions. I want to call your attention to the top area, which in the top left of this, you can see a basin that -- this is the schematic. It's not scaled to represent the actual basin on the project. But what this illustrates is that you get a certain amount of circulation of water into and out of the basin that's induced by flow past the entrance to the basin. In the upper right-hand portion it illustrates the other means by which water flows in and out of the basin, which is tidal exchange. The upper right, there are two lines that represent the high tide line and the low tide line, and the difference between those two is the volume of water that goes in and out of the basin on a given tidal exchange. So there are two mechanisms by which we get water flowing in and out of the basin. The state requires, for water quality purposes, that that water exchange reach 90 percent within 96 hours, a period of four days. The other two exhibits that are in the middle and the bottom of Page 118 March 22-23, 2005 this illustrates that as the length dimension of the basin increases, you have basically a long dead-end situation. And clearly on the left-hand side, the flow-induced circulation is not going to be effective in the far dead-end reach of the basin. And although on the right-hand side, the tidal exchange would really be the same because the tidal range is going to be the same throughout the basin, it may not be quite as effective in the dead-end part of the basin either. So to meet the state water quality standards, we came up with a -- kind of an innovative design wherein the far reach of the basin we created a shelf, which essentially is an intertidal flap. In other words, at low tide it would be dry, but it would fill with water at high tide creating essentially a volume of water that flows completely through the basin on every tidal exchange. And by doing this, we were able to achieve the state requirements for water quality. And because we have this tidal flat area which is similar to other tidal flats in the area that you would see going from the project site out to Wiggins Pass, we took the opportunity to plant some mangroves in that area more as an aesthetic enhancement rather than as an environmental measure. So it was not required by any of the agencies as mitigation or for any other reason. And the PUD rezone petition that's before you today has a much smaller basin than the original design. It's a small basin with rounded features that flushes adequately without any kind of an enhancement like this, so the requirement of mangroves on that proj ect is simply not appropriate. The conditional use petition has a larger basin. That has not been thoroughly evaluated for the flushing properties, and it may be that some treatment like this will be required once we get into that process with DEP. But it is the DEP review process for water quality where that would be determined. So in summary, I would just like to say that the -- we don't feel Page 119 March 22-23, 2005 that the draft restriction should be an appropriate part of this. Right now there is no restriction to any member of the public using Wiggins Pass, or for that matter, any federal navigation inlet or any other inlet that I know of. And the mangrove planting issue is simply not relevant to the two proj ects that are before you today. Thank you. CHAIRMAN COYLE: Thank you. MR. HALL: Good afternoon, Commissioners. For the record, my name is Robert Hall. I'm with the firm of Curts, Gaines, Hall, J ones Architects in Tampa. We've been fortunate to -- I've been designing very high-end residential projects in Collier County, myself in particular, for over the last 25 years. For the last 18 of those years we've enjoyed a great relationship with Eco Group and designed many of the projects you all, I know, are familiar with. Pelican Isle, Barefoot Beach Club, Sancerre, just to name a few. In that period of time we've learned a lot. We've learned a lot in this project. We've been doing this one for two years now. We've come a long way. We've talked to a lot of people in the community. It's the second time meeting with you folks. And I think we're pleased today to present a project to you that we think is extremely compatible. You've heard all of the zoning and comprehensive plan issues that address that, and I'd just like to kind of take you through the architecture to maybe explain it in a little more detail. Okay. I think you have the site plan on the screen and a rendering to the left of the site plan on the board. As Rich had indicated, this is two 10-story buildings. We have one that's six units per floor to the north and one that is four units per floor to the south. They're 10 stories over parking, for a total of95 units. The entry to the project has been carefully positioned to align Page 120 March 22-23, 2005 with Wiggins Pass Road to the southern end of the property. This not only provides for egress from the county park, which is an incredible benefit to the park where right now egress out of the park is difficult with boats and trailers, and it also provides for a controlled entry and exit and a secluded gatehouse for the residential development. Surrounding the project is heavy, lush landscaping, fountains, pools, a curved marina basin and a promenade, cascading water features, and all of these combine together to buffer the project from all sides. They virtually conceal the enclosed garage and provide for softly elegant grounds. Careful planning and design by the entire team has led to employing large setbacks from Vanderbilt Drive. Under normal kind of conditions, we could have had as little as probably 100 feet from Vanderbilt Road ( sic). The closest point of the southern building is 180 feet from Vanderbilt Road. The closest point of the northern building is 200 feet from Vanderbilt Drive. The northern point of the farthest building is 360 feet from Vanderbilt Drive. This, combined with the heights that we're indicating, the landscaping that we're indicating, do a tremendous amount to buffer this proj ect from the street and all surrounding residential neighborhoods. Some other features of the project that we think are important, the curbed marina basin and promenade and tiered plaza provide a dramatic water's edge in a supple and undulating manner following the lead of the architecture of the buildings. This architecture makes the most of its beautiful site with forms, in our opinion, that give a unique character to the project both in plan and elevation. It takes on a sophisticated nautical theme in ways that evoke Old Florida and embrace the boating lifestyle that it anchors. Very important issues, the two essential issues in my view of this project, when you take all the other stuff out, really is an issue of Page 121 _._,..____...,. ^".r -_...".~_."....,-.~ March 22-23, 2005 height and use. The project as designed is 120 feet tall by zoning. It makes it one of the lowest projects in the area. It also is a residential use; completely compatible with all of its neighbors. And I don't think -- in my 30-year career I don't think I've ever been involved in a project that is more compatible. And we'll be happy to address questions later. Rich? MR. YOV ANOVICH: I wanted to mention two other public features to the project that I forgot to mention early on. We also are providing a public fueling station and we are also providing a public ship store to enhance the public's ability to utilize the water. I forgot to mention those earlier on when I talked about the proj ect. With that, Mr. Chairman, if it's okay, we'll move into the description of the conditional use project, and then we'll be done and you can go ahead and open up to public comment. CHAIRMAN COYLE: I hope the next presentation will be briefer than this one. MR. YOV ANOVICH: It will. COMMISSIONER HENNING: Commissioner, Mr. Chairman? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: The site plan and the architectural features that are shown, I have no idea if that fits our land development code. I don't think that we can -- should consider the site plan or the architectural -- MR. YOV ANOVICH: Well, the site plan shows you the development standards that are within our PUD, so this will be part of your land development code. So the site development plan does, in fact, give you the picture of what -- how the site will actually be developed based upon the development standards within the PUD document. COMMISSIONER HENNING: Well, I guess if there's a motion, it would have to conform to our land development code, since this is Page 122 March 22-23, 2005 being presented. CHAIRMAN COYLE: Which one are you talking about, the one that's been presented right now or the one he's getting ready to present? COMMISSIONER HENNING: Well, both of them. Well, I mean, the site plan. I don't know what he's going to present on the conditional use, personally. But I guess if there's a motion, that I'll ask that it conform to the land development code, that's all. MR. YOV ANOVICH: Okay. COMMISSIONER HALAS: I don't think -- I think the -- excuse me. I think the bottom line here is, we've got to make a determination whether we're going to rezone this residential or leave it as commercial, and I don't think we need to get involved in whether it meets the criteria of a site development plan. CHAIRMAN COYLE: Okay. Thank you very much. Why don't you continue, Mr. Yovanovich. MR. YOV ANOVICH: Okay, thank you. The second proposal is a conditional use for a destination resort hotel. I'll quickly take you through that. And we need to be clear and up front that we are requesting a destination resort hotel. Weare not interested in a regular hotel. And the reason we're not interested in a regular hotel is if we're determined to be a regular hotel, we would have 140 rooms. And if we're a destination resort hotel, we'd have 230 rooms. We can't make a go of it with 140 rooms. We started this process in July of last year in meeting with staff and identifying exactly what we propose to do, and we were told at that time that we met the qualifications to be destination resort hotel, and that's why we went through a conditional use application process versus going through a PUD process for the type of hotel we wanted to construct. On the screen is the architecture for the destination resort hotel. Page 123 March 22-23, 2005 That again -- there is the site plan. That is a requirement, Commissioner Henning. In order for the conditional use, you need to have the site plan as part of that approval. I just want to quickly go through what we're required to provide. As I said, we're going to do 230 rooms, we're going to have a restaurant, we're going to have a bar/lounge, which is required, we're going to have a meeting place, a spa and retail shops, a marina with 47 slips. And the question I've got to ask the Board of County Commissioners, because there's the issue that we all now know about that was brought to our attention the afternoon before the Planning Commission, do we or do we not meet the requirements for a destination resort hotel? Your staff report, which we don't agree with, seems to indicate that we would be required to have an on-site golf course. We're willing to provide an on-site golf course. The question to you is, what does the LDC say is a golf course? And I will tell you -- and you don't have to take my word for it -- the LDC doesn't tell you what a golf course is. We have asked the very simple question, if we are to add a miniature golf course to this project -- and people are sniggering. That's how ridiculous the requirement is. But I believe, and we are going to be asking for confirmation from the Board of County Commissioners, that if we provide a miniature golf course, do we meet the definition of destination resort hotel? Because if we do, then we will provide it. If we don't, then obviously there's no sense in providing it. Right now the definition of a destination resort hotel allows for a floor area ratio of .8. We're providing a floor area ratio of .79. The LDC requires a minimum 25 percent of the building be devoted to common usage, support services, like I was telling you about, the spa, the restaurant, things like that. Page 124 March 22-23, 2005 We've provided 35 -- over 35 percent to those uses. The open space requirement is 15 percent. We're providing 35 percent open space. The implications -- and I'll quickly go through these -- is we believe that a commercial utilization of the property is a poor utilization of this property. It's only got 90 feet of water frontage. We believe that a hotel is a much better use for the property than a Venetian Village type project. There's a significant increase in traffic, and we talked about that briefly in the last presentation if we do commercial versus a hotel. And the commercial zoning right now would not allow any public input into the process. If we're denied this, we just go through a standard site development plan, and as long as we are consistent with the land development code, we get approved. This allows the community to have a voice. The community, again, at our neighborhood information meeting, I think, liked the hotel. They didn't want it versus the residential, but they liked the hotel. They know it's going to be a three or four star hotel. It's being designed by Hill Glazier, who's the architect for the Hyatt on Coconut Road, they do Ritz-Carltons, they do Four Seasons. So it's being designed by a quality developer. It will also have the public fueling station and the public ship store. We will provided some transient boat slips for sightseeing vessels and fishing vessels. Obviously, the rooms and the restaurant and lounge will all be open to the public, as will the spa and finance center. Traffic, as we talked about, is greatly reduced for the destination resort hotel versus the C-4 zoning that exists today. The environmental. Clearly a reduction from 450 boats to 47 boats is much better for the manatee. On both plans we have an innovative Bald Eagle management plan to where we even agree toi Page 125 March 22-23, 2005 have a camera focused on the eagle during construction to make sure that if anything happens with the eagle during construction, we can shut down the construction until we can address those issues. Likewise, it also protects us from people alleging that we're doing something that's somehow hindering -- affecting the eagle. We'll now have a video of that to make sure that if we are, it will be verified. If we're not, it will also be verified. And we committed at the EAC to clean up the environmental -- the pollutants, basically, on the site to the residential standard versus the commercial on the project. There will be some interconnection between our property and the park so there will still be the egress issues if we do the commercial -- if we do the -- I'm sorry -- if we do the destination resort hotel. Mr. Chairman, if you'll allow, Mr. Humiston basically gave his summary on the draft restriction issues and the flushing issues, and we'll just carry that forward to this presentation and just move forward with those slides. Weare proposing much better setbacks of at least 110 feet from the roadway for the principal structure and 52 feet for the side setbacks. Again, we can go as low as 25 feet from the road and 15 feet from the side. And we provide twice as much open space in the hotel plan versus what will be allowed under the C-4 zoning. With that, that's a summary of the commercial conditional use. At this point, obviously up to the chair, if you want to ask questions of us now, we can answer them or you can allow the public -- public comment. I'm sorry. I guess staff would go after us. If you want to ask questions of us now or go to your staff, it's up to you. CHAIRMAN COYLE: I think we'll let the commissioners ask you questions, and then we'll hear staff presentation, and then we'll ask them questions. Commissioner Henning? Page 126 March 22-23,2005 COMMISSIONER HENNING: As far as the residential, how does this differ from the original petition from last year? MR. YOV ANOVICH: Well, it's a significant reduction in height. As you recall, the previous plan called for a stair-stepped building. I think it was 15 over parking, 17, and ultimately 21. This is a reduction in height significantly to basically make it the same as the Pelican Isle Yacht Club project, so that's the primary difference. We've included actually -- and we're also conveying some land to the county public use versus previously we were just giving you an easement. We're actually conveying land so that the configuration of the parking lot, you'll own it versus our owning the property. So those are the major differences between the previous submittal and today's submittal. COMMISSIONER HENNING: And the ship store was still in the -- MR. YOV ANOVICH: Correct. COMMISSIONER HENNING: -- mix on both of them? Okay. MR. YOVANOVICH: Yes, sir. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I've just got one question. I'm confused. You're saying that the marina that was there originally __ and I just want to need -- I just need a clarification, because you said that it was private, so that meant that nobody could get on that property; is that right? MR. YOV ANOVICH: You were -- the property has always been private property. COMMISSIONER HALAS: Right. MR. YOV ANOVICH: Unless you were -- unless you were leasing space to store your boat there, you didn't have the right to take your boat and launch your boat there. It was private from that standpoint. COMMISSIONER HALAS: Well, I was reading in the agenda Page 127 March 22-23, 2005 here and it says -- and I'm quoting from what I read here. The existing facility is a commercial marina and boat yard with approximately 450 dry storage slips, vehicle parking for owners of boats in storage, approximately 52 wet slips primarily used for transit and mooring of rental boats, fuel facility, ship store and so on. So it was basically open for the public because they could go there and rent a boat, or they could come in and transit. MR. YOV ANOVICH: Okay. But you didn't have the right as an individual citizen without paying the appropriate fees to use the waterway, and that's the point I was trying to make. COMMISSIONER HALAS: Okay. MR. YOV ANOVICH: You did not have the right to use private property . COMMISSIONER HALAS: Okay. I'm just trying to make it clear -- MR. YOV ANOVICH: I understand. COMMISSIONER HALAS: -- clarified point here. As a citizen, I could either walk on that property, I could ride on that property with my car, or I could even ride on it with my bike, I could go to the ship store through the front gate, no -- at no hindrance whatsoever, and I could purchase bait, I could purchase a fishing license, I could purchase a tire and the whole nine yards, but I had access off the street without being stopped or questioned or anything else. MR. YOV ANOVICH: And, Commissioner, under our scenario COMMISSIONER HALAS: Am I true -- is that right or not? MR. YOV ANOVICH: Commissioner, the property owner allowed you to come on and do those activities. It was the private property owner's property. He allowed you to do that, and we will allow you to do the same things, to come onto our property -- COMMISSIONER HALAS: Okay. If I want to rent a boat there Page 128 March 22-23, 2005 MR. YOV ANOVICH: No, we're not going to have -- we're not having rental boats. This is a different -- and you know what, Commissioner, right now, under the existing C-4 zoning, you've got no guarantee that you're going to ever have -- enjoy the privileges that you believe you had under the old scenario. Under today's rules, you don't have any right to come on that property. COMMISSIONER HALAS: That's -- you're absolutely right. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Just one question, please. MR. YOV ANOVICH: Sure. COMMISSIONER FIALA: I might be misunderstanding, but I had thought that there was going to be public boat slips and a launch there. MR. YOV ANOVICH: On the -- COMMISSIONER FIALA: Am I getting confused on the -- MR. YOV ANOVICH: On the residential? COMMISSIONER FIALA: Yeah. MR. YOV ANOVICH: No, Commissioner. On the residential we were talking about a public fueling which is open to the public, public ship store open to the public. The slips that we have would go with the residential development. We would make available on our property additional parking spaces for boat trailer parking and regular parking. So no, none of the slips are open, but they provide a better access to the county's boat launch right next door. We're increasing the general public's access to the county's boat launch. COMMISSIONER FIALA: Okay. Boy, I'm sorry. I had a big misunderstanding. Is there some -- is there public -- are there public boat slips -- excuse my English -- with the hotel? MR. YOV ANOVICH: Yes. With the hotel we were talking about a number of transient slips that would allow people that were coming to the restaurant to use the restaurant. Also we were going to Page 129 March 22-23, 2005 have some public sightseeing and fishing, boats that could also use that. And if there weren't boats parked at the slips, people can use those slips as well. So under the hotel yes, there's ability for people to bring their boats there, not own a slip, but bring their boat there while they're using the public facilities. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: So what we had before, we had 52 transient slips when the marina was open, and what we're going to get here probably is about 29 trailer spots, additional spots; is that about right? MR. YOV ANOVICH: Well, no, I don't think that's about right at all. I mean, you're forgetting the contribution to the -- million-dollar contribution to buy additional boat parking -- COMMISSIONER HALAS: Well, is that on the table with the hotel, too? MR. YOV ANOVICH: No. COMMISSIONER HALAS: Oh, it's not? Just on the residential? MR. YOVANOVICH: Yes, sir. CHAIRMAN COYLE: Oh, I see. CHAIRMAN COYLE: Okay. No further questions by commissioners? We'll have the staffs presentation then. MR. BOSI: Afternoon, Commissioners. Mike Bosi, Zoning/Land Development Review. I'll try to keep it short because I know there is a stack of public speakers. And I've -- hopefully I provided a great detail within the EAC staff report, staff reports, and executive summaries that have been provided with the agenda packet. I'll start off with the residential proposal. The residential proposal has been evaluated based upon the land development code, the growth management plan, and the traditional manners in how we Page 130 March 22-23,2005 deal with planned unit developments, and they've been found to be inconsistent with all three of those areas. Commissioner Henning, you are correct. These site plans are only conceptual, and they shouldn't be utilized, by any means, to designate an actual site plan. It is -- it is supposed to be just conceptual, and they are just conceptual. They are based upon the development standards that have been evaluated, but they are conceptual in nature. When we arrived at the conclusions for this -- for the residential petition, the compatibility was well addressed by the applicant in terms of the building height, the surrounding structures in the area. It is compatible, but the area that gave the greatest pause to staff was the evaluation of two conflicting policies within the growth management plan. And it was contained in the staff report and the issues that came before you last year. Staff -- I tried to and the remaining staff tried to voice a consistent voice mirroring what we did last year. And what we tried to do was strike a balance between two conflicting provisions, one being the coastal high hazard area, the other being the density bonus for commercial conversion. What we arrived upon is probably what makes no side happy, and that's the middle grounds. We split the difference between the two proposals, giving them equal weight, not trying to make a policy decision at the staff level, but just trying to -- to give credence to both -- to both policies. We arrived upon the 9.5 units per acre as a recommended density. That's what was recommended a year ago. That's what staff consistently stayed with. And in this petition -- I would like to remind the board that that is just staff recommendation. And as you know, and as it's been well versed and well discussed, the conversion of commercial density is not an entitlement, it's an evaluation. And within -- within the Page 131 .._.....__._u_.,~,..__,,_.,.~"'>o"'..._"_._._.-.._~"_. .._......._"..",....... ~._....._._.,~".".".__^,._..~~"m,~_"._~_...._..____..,.~.-".,.."._,., March 22-23, 2005 presentations and all the materials that are presented, the actual density that's granted is within your purview to do so, whether it's within staff recommendation or is for some other number. With that, there were three deviations contained within the residential project. The -- two of the deviations dealt with landscape issues. They really dealt with where -- the marina basin to the west of the project. Staff felt that the deviations that are being requested from the landscape buffers were appropriate, seeing that -- no development contained within those areas. And the third deviation dealt with sidewalks along -- sidewalks along the southern portion of where the public use property is being donated, instead of having sidewalks on both sides. We recognize that because 30 feet of that northern -- or the southern portion is going to be granted to the Cocohatchee River Park, that we agreed to sidewalks on one side of the street. With that, I'm going to move over to the conditional use. The conditional use as well as the residential development was found consistent and in compliance with the land development code and the growth management plan. The basis of where we were working from, and especially in terms of impacts -- and as you know, the most impactful in terms of our infrastructure, traditionally what's most felt by the general public, is traffic. And the basis lines of what we're working for was from the C-4 zoning. And as you have seen within the -- within the applicant's proposal, that there is a potential for a high level of traffic impact, the conditional use was roughly about 80 more trips per day than what the former marina was impacting the systems. And transportation staff had reviewed that and felt that it met the growth management plans, it met with the policies of 5.4 and 5.1 and was consistent in that manner. The major issue with the conditional use that happened at the-- Page 132 March 22-23, 2005 happened at the Planning Commission dealt with the issue of floor area ratio. The original staff report was generated by myself, and the original interpretation request that was associated that was submitted by Mr. Y ovanovich in terms of his clients for the Wiggins Pass Marina property in July was also generated by myself. And unfortunately a false assumption by my part generated some confusion that was not cleared up until the week of the Planning Commission. What I put up on the visualizer screen and -- it's probably going to be a little bit difficult for you to read -- is the land development code of a destination resort hotel. And if the commission will allow me, I'll just read that briefly. A destination resort hotel, a transient lodging facility where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or man-made, including but not limited to, direct access to the Gulf of Mexico, on-site golf course and golf-related facilities, health spa and/or fitness center, other recreational amenities and on-sites services, including full dining services and a cocktail lounge, entertaining room for video and movies, and concierge services. Except that for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is required. COMMISSIONER FIALA: Is not. MR. BOSI: Is not required, excuse me. In all cases, a destination resort hotel must include full services. Dining services and a cocktail lounge and not less than 25 percent of gross floor area must be devoted to common usage and support service areas, such as, but not limited to, fitness room, health spa, media room, meeting rooms, dining rooms, lounge facilities and spaces services. The interpretation that they had submitted which mirrored the conditions of the conditional use application contained all of these provisions in my mind. What I did not focus upon and what was the key point of the interpretation that refuted the argument that it was, Page 133 March 22-23, 2005 indeed, a destination resort hotel was the on-site golf course requirement. The interpretation letter did not specifically address fronting the Gulf of Mexico. It was -- it was the zoning and land development review director's determination that because the site sat on Wiggins Pass and not the Gulf of Mexico, that it did not meet the strict interpretation of the land development code. Now, as Mr. Yovanovich has stated, if the conditions that were contained within this -- their application changed, they may be able to meet that definitional requirement. But as it's presented, as the application was presented, it does not meet the strict definitional requirement of a land development code, and that's why there is -- there's conflict -- if you read the staff report and you read the executive summary, there's a conflict between the two. And if the -- if this issue of the destination resort hotel is not remedied by a change in the site conditions of the conditional use application, staff would suggest an additional -- an additional condition on top of the recommended conditional approvals, and that is item number two, and it states .6 floor area ratio utilized for a traditional hotel shall be mandated of the project at the time of site development plan unless determined otherwise by the Board of Zoning Appeals. And what that states is, unless the conditions change, unless a golf course is added to this site, we're not going to be able to review this as a destination resort hotel when it comes in as a site development plan unless the applicant would appeal the official interpretation issued by the zoning director and the Board of Zoning Appeals felt that the term fronting was satisfied by being on Wiggins Pass. And it was not strictly related to only the Gulf of Mexico, and the Wiggins Pass was construed as part of the Gulf of Mexico. That was -- that's the issue that staffhas had to deal with in the Page 134 -'","""",..".,,"''''''''-'_.,.,,~- -,-~-~,-"---'-'-"-""-"'-""'- ,,---,....,,_._-- -"."...'--,--' ~",..,;_. -----,._.-."-_..,~_._.,._.__...-.....,_._-- March 22-23, 2005 terms of the continual use, and I'll open myself and everyone else from staff up to questions. CHAIRMAN COYLE: That completes staff presentation, right? MR. BOSI: Yes, it does. CHAIRMAN COYLE: Okay. Commissioners, do you have any questions? Commissioners Fiala? COMMISSIONER FIALA: Yes. You didn't mention, but there's like a dock jutting out there. I guess that must have been from the old place or something, which I think would make it more difficult being that the only public boating access is next door, Cocohatchee. That dock seems to be jutting way out there. Is there a way to shorten that dock or whatever so that the public boating access in Cocohatchee has better access to the Gulf? MR. BOSI: That could always be a recommendation of the Board of County Commissioners. I'm not sure how that -- it would be the dock on the southwest portion of the development site. I'm not sure how that interferes or prevents the public access from utilizing the Cocohatchee River Park, but it's always at the board's discretion. If you felt that it did, indeed, present a hinderance to the public's use of Cocohatchee River Park, then you could mandate -- you could mandate a recomm -- modifications to that. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I guess this is a legal question about the growth management plan. I'm sure the other commissioners have received the same correspondence that I have about density within the coastal high hazard, and is this project within the coastal high hazard? I already know that conversion of nonconforming commercial, an application (sic) can apply for density bonuses. I don't think that's the question. I think the question is, is this particular project within the coastal high hazard area? Page 135 .._."'-,,._......"-'.."~ ._..,-,,-_..._,,-,_.,--~----' March 22-23, 2005 CHAIRMAN COYLE: All but .84 acres is in the coastal high hazard area, I believe. MR. BOSI: It was -- over 85 percent has been determined by staff __ 85 percent of the project has been determined to be in the coastal high hazard area. COMMISSIONER HENNING: So it definitely says, and I read where it's no greater than four units per acre in a coastal high hazard area. MR. BOSI: The text of the coastal high hazard area placed a limitation of four units per acre. I may want to defer to Mr. Weeks, in comprehensive planning, who has a little bit more expertise in this area who may be able to adequately address it. But what my understanding is, it doesn't prohibit the utilization of the conversion to commercial to be applied within the coastal high hazard area. Any further -- COMMISSIONER HENNING: I think Mr. Weeks is the expert in the county as far as the growth management plan. I would definitely like to hear from him. MR. WEEKS: For the record, I'm David Weeks, planning manager in the comprehensive planning department. Commissioners, I've placed on the visualizer two different policies from our growth management plan that are directed as point of what is the allowable density. The first policy in the conservation and coastal management element, which I've partially placed in bold and italicized print so it will stand out, it -- so you could see for yourself that the language says that the future land use element limits density to four units per acre. It is not the policy itself within the conservation and coastal management element that is saying density is limited to four units per acre. The conservation and coastal management element is telling us what the future land use element says, but it's saying it incorrectly. Page 136 March 22-23, 2005 Also on this page you will see that the -- move it up, Jim. MR. MUDD: Sure. MR. WEEKS: -- the capital improvement -- oh, I've got it backwards. That first one was a capital improvement element. It's almost identical language. The only difference is that the capital improvement element says that the future land use element limits density within a coastal high hazard -- within a portion of the coastal high hazard area to four units per acre. And I'm telling you that in both cases those elements are incorrectly telling you what the future land use element says. The capital improvement element is closer because it says a portion is limited to four units per acre, and a portion of the coastal high hazard area, that being the portion that lies south of U.S. 41, is further restricted as to what is the density allowed there by the future land use element. Density in that portion of the coastal high hazard area below U.S. 41 is limited to four units per acre with only one exception, and that's the affordable housing density bonus. In the remaining portion of the coastal high hazard area, which is all north of 41 -- some of it goes as far over as around Airport Road, but most of it is along U.S. 41 and to the west of that, other density bonuses do apply, including the one that's under discussion today, the conversion of commercial. As has already been mentioned earlier in the presentation, these density bonuses, and you're aware of this, they're not entitlements. So what I'm here to tell you is that staffs position is and always has been that the density allowed in the coastal high hazard area in this particular area would be up to 16 units per acre because in this case this conversion of commercial zoning bonus is applicable. The decision before you, as always, is what density should you approve. Should you approve 16? Should you approve nothing? Should you approve something in between? It is your discretion as to Page 137 March 22-23, 2005 what density should be allowed. You can consider, obviously, compatibility with surrounding properties, public facilities impacts, evacuation concerns, if there are any. I mean, these are the types of considerations, your standard rezone findings. But as to the issue of what density does the future land use element allow, staffs response is 16 units per acre, as a maximum, but that is what is allowed. COMMISSIONER HENNING: To continue on, in the future land use map it outlines the coastal high hazard area by hash marks? MR. WEEKS: That's correct. COMMISSIONER HENNING: And it goes -- I mean, it's just all over within the urban area, and I would imagine it has to do with FEMA flooding. The -- the point that you made about affordable housing density bonuses, 16 units per acre within the coastal high hazard area, the board is changing that. We're actually removing that part of the whole discussion, and you know, I just want to be safe with the citizens that seek affordable housing. The last question is -- and there's so many opinions out there about our growth management plan. I just want to ask you, how long you been working with the Collier County growth management plan? MR. WEEKS: Specifically with the plan, I'd say about 15 years. I've been with the county over 19. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: You finished? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Can you tell me, since that's a coastal high hazard area, what is the flood zone designation for that particular area? MR. WEEKS: No, sir. I'm sorry, I don't know. COMMISSIONER HALAS: You don't know? Page 138 March 22-23, 2005 MR. WEEKS: No. COMMISSIONER HALAS: I believe that's a cat. one, that's supposed to be evacuated? MR. WEEKS: Oh, yes, sir, I'm sorry. I misunderstood the question. It is category one storm surge zone. COMMISSIONER HALAS: So category one, we should get people out of there; is that correct? MR. WEEKS: During certain storm events, yes. COMMISSIONER HALAS: Okay. Why would we want to encourage more density if we have to leave that area in case of evacuation? MR. WEEKS: That's the policy decision for you to make, Commissioners. Is there a concern for increasing the density in this particular location in the coastal high hazard area? The evacuation __ and there's an expert here from your emergency management bureau-- but the question is, if you were to allow this density to be approved, to place additional residential units ultimately some population in the coastal high hazard area, are you endangering their lives? Are you putting these people at risk by allowing them to live there? And I think there's two issues that would be addressed related to that. Number one is, what would be the occupancy of those units during the storm season? Typically it's not very high, but certainly some people might be living there. Secondly then, what is the evacuation concern? Does the county have the ability to evacuate the people? These people -- because that's what we're talking about, just these people -- from that zone. COMMISSIONER HALAS: Do we have any idea of how many PUDs have been approved since 1990 in that coastal high hazard area all along the coast of District 2? MR. WEEKS: Yes, sir. In response to your request the other day, we determined that there were six residential PUDs approved within that area. Page 139 March 22-23, 2005 COMMISSIONER HALAS: And do we know offhand, of all the PUDs that have been approved there, can you tell me roughly how many units have been approved for that area from Seagate to the northern end and west of 41 ? Maybe I can help you a little bit. MR. WEEKS: Okay. COMMISSIONER HALAS: I come up with a count of about 11,938 units, and that's including Pelican Bay and all along that area. That's not including the units that have not been built. MR. WEEKS: Yes, sir. I would agree with that. That's not just in those -- COMMISSIONER HALAS: And I think that right now we have in that area already approved to be built pretty close to 1,163 more units in a coastal high hazard area. MR. WEEKS: Two responses, Commissioner. Make sure we're clear that that was -- actually it's 11,000 and something. It's almost 12,000 built residential units west of 41, north of Seagate Drive. COMMISSIONER HALAS: 11,938. MR. WEEKS: Yes, sir. That's not just the eight -- excuse me-- not just the six residential units we were discussing earlier, residential projects. That's the -- COMMISSIONER HALAS: That's correct. MR. WEEKS: -- total ofPUDs only. COMMISSIONER HALAS: Okay. And that's about 20 -- and if we just say there's two residents per unit on those, we're looking at almost 24,000 people -- MR. WEEKS: That's an assumption I would not agree with, but COMMISSIONER HALAS: Two people per occupancy? MR. WEEKS: That's correct. I say that because the occupancy rates in the coastal area of the county are much less than along the interior. The both -- both the number of persons per household, those Page 140 March 22-23, 2005 persons actually living there as permanent residents tends to be lower in the coastal area than further inland, and, secondly, the number of residences that are permanently occupied tends to be much less. COMMISSIONER HALAS: Can you give me a percentage of that that wouldn't be occupied during an area -- during a time? Because there's an awful lot of single-family homes not counting-- we're not even talking about Naples Park yet, we're not even talking about Vanderbilt Beach yet, we're not talking about the other units that are up north, like Eden on the Bay, there's people that live there all year-round. Then, of course, we've got all these people there at Bentley Village that are mostly all year-round people, and those are elderly people. We haven't even considered that yet. MR. WEEKS: Right. CHAIRMAN COYLE: Can we stipulate that Commissioner Halas has concerns about the evacuation of this area? And I want to resolve that issue. I don't want to have an argument between the staff and the commissioner, but, yeah, Commissioner Halas clearly has a concern about that, and I think we need to address it and get it resolved. Is -- where's Dan Summers? MR. WEEKS: Jim Von Rinteln was here earlier. Yeah, here he IS. CHAIRMAN COYLE: Okay. Can you address this issue for Commissioner Halas? MR. von RINTELN: Jim von Rinteln from the Emergency Management Department, for the record. Of course we have concerns in the county about evacuation and sheltering. I mean, that would apply to this area. Whether there's anything special -- you know, it is actually a tropical storm evacuation zone, so it would have to evacuate that area under, you know, more opportunities than others. CHAIRMAN COYLE: What was your recommendation on this Page 141 March 22-23, 2005 issue when it was reviewed by staff? MR. von RINTELN: As I recall, Dan Summers didn't have any particular issue with this, but we have the, of course, general concern of evacuation and sheltering for the community, and adding density, of course, adds shelter population in evacuation. CHAIRMAN COYLE: And how does that compare with a hotel? MR. von RINTELN: In regard to? CHAIRMAN COYLE: Evacuation issues. MR. von RINTELN : Well, hotels would also add in a similar __ a similar way. CHAIRMAN COYLE: Okay. Now, if you don't mind, let me get one other issue out of the way here because it was asked earlier, and someone was asking -- a commissioner was asking for a legal interpretation. And, David, we didn't get to you. But I want to make sure that you concur with the position that the Board of County Commissioners has the right under the growth management plan to grant a density bonus in the coastal high hazard area. MR. WEIGEL: Yes. For the record, I do concur. And as stated in the executive summary and on the record here today, there is no entitlement to any granting of density at all, but there is a range within which density may be considered and granted or not. CHAIRMAN COYLE: Okay. And then Commissioner Halas, are you finished or would you like to __ COMMISSIONER HALAS: I would like to ask one more question. CHAIRMAN COYLE: Let him condition his thought process. COMMISSIONER HALAS: How many shelters do we have in District 2 to take care of the people in case we had to evacuate? Do you have a diagram or anything to show us? MR. von RINTELN: I believe I have that information. Off the Page 142 March 22-23, 2005 top of my head, it's four shelters, but as always, we must caveat that, that we don't always open every shelter. They're very storm-dependent. Two of the shelters depicted there are of old design and of -- they're relatively close to the shore. So generally we open the Barron Collier High School, which is on the edge of the district, and in the past we've opened the Pine Ridge Middle School. COMMISSIONER HALAS: And what's the capacity of each of these? MR. von RINTELN: The total capacity as depicted there is approximately, as I recall, 4,500, in the neighborhood. But as I stated, each storm is different. That would be a maximum. That might be a tropical storm situation. As the storm increases in strength, you lose capacity . COMMISSIONER HALAS: In other words, we can't open a couple of those facilities is what you're saying; is that correct? MR. von RINTELN: In a Charley type situation, or Hurricane Charley as an example, we would have opened Barron Collier and the North Naples Middle School. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. More questions on hurricane, hurricane evacuation. The hurricane season, the prime hurricane season runs from what to what? MR. von RINTELN: One June until 30 November. COMMISSIONER COLETTA: During that period of time, if there is -- how many people, how many residents would there be, we determined? What'd you say, the number? COMMISSIONER HALAS: Well, it's -- of the -- of the PUDs, of the PUDs is 23,000, but that doesn't entail all of the single-family residents that are in District 2 such as Naples Park, Bentley Village, and all the other units. COMMISSIONER COLETTA: Right. Well, my question Page 143 March 22-23, 2005 would be, during that time, hurricane season, it's been my experience at least that a number of people move out of the area not because of the hurricane season. Generally it's the seasonal residents that live in these particular dwellings. What would we estimate the population would be that would be in need of hurricane evacuation so we're working with numbers that we understand? MR. von RINTELN: I don't know if I'm exactly the person to __ COMMISSIONER COLETTA: Who would that be? MR. von RINTELN: -- pull up those numbers. David Weeks may have those if he's still here. But it's considerably less. We obviously have a seasonal peak population that we're experiencing right now. And then in the -- you know, the summer months, it's, I think, around 90,000 less or 100,000 less, so -- and that's county-wide. So certainly there are less people here during the summer months and, therefore, less to evacuate, but -_ COMMISSIONER COLETTA: Okay. And I take it that something of this nature here that we're talking about would probably be the same as other seasonal residents that have that __ MR. von RINTELN: Proportionately. I would expect that similarly there's a less population to evacuate. COMMISSIONER COLETTA: Okay. And so the opinion of Dan Summers is, is that at this point he doesn't see a major problem? Or how did he word it? Let's get it down to a basic fact. What did Dan Summers actually say? MR. von RINTELN: I don't believe __ COMMISSIONER FIALA: I've got it. COMMISSIONER COLETTA: I think it's right there in the executive summary. MR. von RINTELN: I think I can speak for Dan in saying that the evacuation and sheltering issue for the county is of a concern to us and it always is. Does this particular development cause that to be a Page 144 March 22-23, 2005 crisis, no, I don't -- I think that __ COMMISSIONER COLETTA: The next person I'd like to ask questions of, if I may, is Norm Feder. COMMISSIONER FIALA: But don't leave. COMMISSIONER COLETTA: If I may. I'll just be just a few minutes. But what I'm trying to do is actually assess the actual situation that's going to prevail from this. And Norm's getting counseled at the moment, and here he comes. MR. MUDD: As Norm is coming to the microphone -- Jim Mudd, County Manager, for the record -- I want to make sure we didn't give somebody a false impression that if you live in a certain particular district of a commissioner that you only get to use the shelters in that particular commissioner's district. There would be shelters all over Collier County that would light up in District 3, District 5, District 1, that anybody in Collier County could use. Depending on the situation of the storm and the severity, they could move from place to place. And some of those particular ones on the slide in front of you might be shut down, but Golden Gate Community Center or one of the elementary schools or high schools further inland would be opened up in order to compensate for that particular case. So I just want to make sure we didn't give somebody that impression that they're basically rationed by the amount of shelters in a particular district just for those particular citizens. There's a lot more shelters than just what exist in anyone district. CHAIRMAN COYLE: Thank you. Mr. Feder? COMMISSIONER COLETTA: Mr. Feders (sic), you can see what the direction is of the conversation as far as what we can do for our citizens in the time a hurricane, a pending hurricane and due notice is given. What do you see as far as the ability to be able to evacuate that area with the road situation? MR. FEDER: Okay. For the record, Norman Feder, Page 145 March 22-23, 2005 Transportation Administrator. This coming season's going to be difficult because we have a lot of construction going, and that's why we tried to set up a relief route between Immokalee and Vanderbilt the way we structured the schedule. But in the broader picture and answer, essentially you can't build your way out of evacuation. You need to look at shelters and refuges. I think that's been proven time and time again here in Florida that there's no way of building sufficient lanes to promote evacuation. Obviously you try to address that. We've got reversible lane plans on the interstate, other issues to try and respond, because there will be some level of evacuation. But evacuation to where? So the critical component is shelters and refuges, and I don't believe that we have sufficient here in this county at this time, although we're working on that. COMMISSIONER COLETTA: I'm sorry, sir. Your answer was pretty long, but I didn't quite pick it up. MR. FEDER: Then please ask your question again and make sure I answer your question, sir. COMMISSIONER COLETTA: Okay. Based upon the road system as exists today and the population, the summer population, as we perceive it from past years and trying to use it as a guide for what's going to happen in the future, do we have adequate road capacity to move the people away from the coast and inland? MR. FEDER: If your only orientation is evacuation, I'm not sure you have sufficient lanes or ever will. MR. MUDD: Now, Norman, the question he-- CHAIRMAN COYLE: Can I -- MR. MUDD: See, this whole -- this whole discussion I'm having problems with at this particular juncture. The Florida building code was changed after some serious events happened on the east coast in a particular hurricane and started Page 146 March 22-23, 2005 changing in the '90s, and then there was another upgrade that happened in '96, and there's been another further upgrade that's happened just recently in 2000. "Those changes to the building code basically got it to the point in time that the home that you live in pretty much becomes a shelter in and of itself. And so the entire State of Florida, under the new construction rules, is basically saying that they're building homes that can withstand a category four hurricane in your particular neighborhood. So if you live in a newer-built home, it is better to stay within your home than it is to go to that particular shelter. Anything that was built before that time, it's good to go to a shelter because you don't have the structural strength of your particular home to withstand that kind of category. Now, the one place that you have an issue is in the coastal zone because there's a thing called storm surge. And if and when a storm surge comes in, may it be the eight-foot, the 16- foot, or whatever it is based on that hurricane, then those -- those particular people that live along the coast will be asked to evacuate from the coastal zone to get inland, okay. You heard us talk this summer about, do you have a friend that lives inland? Stay with them. These are the shelters that are opened up in order to do that particular issue. Of those four hurricanes that hit this summer, I don't believe that all the shelters in Collier County were opened, nor were the capacities reached in any of the shelters that we did open in anyone of those four areas, and I believe the same can be said for the east coast, and I will say -- and I will start defining that and I will talk about in the Miami regIon. I can't tell you what happened up in the West Palm region after those two storms hit as far as their capacity levels, and I don't have Dan to tell me what those numbers were. But there's been some Page 147 March 22-23, 2005 significant progress with the building codes to make the house that you live in hurricane sustainable and a place where you could stay if and when you're having a hurricane. The exception is storm surge along the coast. And depending on that, the severity of that process, then evacuation might be in order. CHAIRMAN COYLE: Let me try to put this into perspective. And I sat through Donna here in 1960 . Not this Donna. I could never sit through this Donna. We're talking about 190 residents, people; 190 people, okay? And living on the coast, I know that the occupancy rate of those buildings is about 25 percent during hurricane season. So, you know, we're -- we're talking about maybe 50 people total who might need evacuation here. And while I understand the concern -- and it's always best to err on the side of caution, this is not a crisis. And I just wanted to point out that we have to deal with this in some sort of proportion. If we were talking about 2,000 residents here, I would be as concerned as Commissioner Halas is. But in this particular case, we're talking about 95 dwelling units and roughly 190 people, 80 percent of whom won't even be here during a hurricane. But nevertheless, Commissioner Halas is concerned, and I think his concern should be noted, but I don't think we need to take up the whole afternoon talking about evacuating 40 or 50 people. COMMISSIONER HALAS: What I'd like to do is move on so we can hear the rest of the -- CHAIRMAN COYLE: Yeah, you're right. I'd like to do that. Commissioner Fiala? COMMISSIONER FIALA: Yes, just two more questions but on the same thing, but I have to get my glasses first. Okay. Once again, and this is the last I'll hit of it. Talking about coastal high hazard zone, consideration should be given to encourage minimization of density. And then it says coastal high hazard area is area subject to flooding with the high potential for life and property Page 148 ---~-,._",..",,.---,--.....",,~~. March 22-23, 2005 loss. Then you go taking a look at this, now we've thoroughly discussed 95 units and how many people would be there, but what about a hotel? If you have 230 rooms in a hotel, then you have the employees that clean the hotel and serve in the restaurants and so forth, not just living there or not just occupancy, you've got the people that actually work there. COMMISSIONER HALAS: Commissioner, could I address that, I think, for you? What happens a lot of times in those hotels, when there's a storm that's nearing in a particular area, the hotels are the very first to shut down. They tell people to get out of the area prior to even us issuing a voluntary evacuation. MR. von RINTELN: And for the record, Jim von Rinteln, again. And that's true. Because of their liability insurance, as soon as we issue an evacuation order, if they haven't already evacuated, they close down and evacuate, so-- COMMISSIONER FIALA: Okay, good. That's what I needed to know. And the other thing was, we were talking about density before with David. What type of -- now we've talked about what density is allowed in the coastal high hazard area. What kind of density is figured in with the 230-room hotel or a high-end shopping area? I mean, we all understand what -- you know, four units per acre, although someplace in here it even says three units per acre. And I was wondering what that was. But anyway, what kind of density would you even put those into a category of? MR. WEEKS: Again, for the record, David Weeks. We don't calculate hotel population. It's viewed as transient, and the figures we produce each year are permanent population. Now, we do produce peak season population figures as well, but peak season being now during the winter and spring months, not being Page 149 March 22-23, 2005 during the storm season, which is during the summer and fall. COMMISSIONER FIALA: No. I was actually going for the traffic consideration, and I was thinking, if you have 95 units versus 230 units, plus the people that service those 230, or high-end shopping, which is a destination point, I was wondering what the difference is with the traffic congestion on that particular road. CHAIRMAN COYLE: C-4 or commercial? Comparing to commercial or hotel? COMMISSIONER FIALA: Both, because hotel is one, but then the shopping area, C-4, is another. CHAIRMAN COYLE: The residential will provide 537 trips per day. COMMISSIONER FIALA: Right. CHAIRMAN COYLE: The commercial would provide 7,292 trips per day, and the hotel would provide 1,301 trips. COMMISSIONER FIALA: Yes, and I have those figures. COMMISSIONER HALAS: I think the question she's trying to ask is, what is the dwelling units per acre for the commercial? And the commercial is zero. COMMISSIONER FIALA: Okay. So you can't compare those things at all -- COMMISSIONER HALAS: Exactly. COMMISSIONER FIALA: -- as far as -- COMMISSIONER HALAS: Because it's zero. COMMISSIONER FIALA: Okay. Coastal high hazard it's okay to have a 230-room hotel, but it's not okay to have any more than four dwelling units. I'm having a problem with that one. COMMISSIONER HALAS: Well, in a commercial, in this particular piece of commercial property, there are no dwelling units that are available to be -- to be exploited. CHAIRMAN COYLE: Are we going to be able to move on now? Page 150 March 22-23,2005 COMMISSIONER FIALA: Break first. CHAIRMAN COYLE: Yes, we're going to take a 10-minute break, and then I hope we can proceed to public input. You don't have anything more to tell us, do you? MR. BOSI: Staff has concluded their presentation. CHAIRMAN COYLE: Okay. We're going to take a 10-minute break, and then we'll start with public input. (A brief recess was taken.) CHAIRMAN COYLE: Ladies and gentlemen, if you'd please take your seats. We've come back into session. Do we have a live mike out there? Thank you. Ladies and gentlemen, please take your seats. We're back in session now. We are now going into public comment. I'd like to get everyone back in their seats before we begin public comment, please. I hope we have most everyone back in the room now. Ladies and gentlemen, this particular issue has been heard by the Board of County Commissioners before where most of the same issues were discussed, not all of them, most of them. We have had the chance to look at the tapes of the Planning Commission meeting where this issue was discussed. I have heard all of the testimony that was presented at that particular meeting. We have read your e-mails, we have read your letters, we have talked to you on the telephone or in person. Now, I am not going to try to limit anyone's ability to speak, but we have 47 speakers. If we allow each one three minutes, we're going to be here a long, long time. I figure that -- at least two and a half hours of just public comment before we ever get to the point of trying to debate this issue and make a decision, which is what you want to hear. So what I would ask that you do is that if you have new information to share with us, information that has not been made Page 151 March 22-23,2005 available to us before, we encourage you to give it to us, if you believe that statements have been made that are not correct, please tell us, and if you believe that there are reasons why either of these positions -- or these petitions are not in the public best interest, we're glad to listen to your arguments. So -- but I would ask that as people get up and speak, that you not be repetitious. It does no good to tell us 47 times that you don't like it or that you do like it. It's not going to make the case any clearer for us to do that. So if someone has already made your point, I would appreciate it if you could just stand up and say, I agreed with that person, and sit down and waive your right to speak. But you will not be deprived of your right to speak. If each of you wants to speak for three minutes, we will sit here for the next two and a half hours and let you do that. So with that, we will begin the public speakers. Ms. Filson will call two names. We would like for the one person to come -- we can handle both microphones on this, right? One person to come to one microphone, the other person line up at the second microphone, and that way we can continue this flow of speakers in the most expeditious manner. So thank you very much for your cooperation. And we're ready to start, Ms. Filson. Who are the first two speakers? MS. FILSON: And Mr. Chairman, I had one additional speaker, which brings it to 48. The first person is Gary Eidson. He will be followed by William Hyde. CHAIRMAN COYLE: Okay. Mr. Hyde on that one? You want to take that one? MR. EIDSON: Sure. CHAIRMAN COYLE: Okay. Mr. Hyde, if you'll take this one. Don't speak at the same time, okay. Page 152 March 22-23,2005 MR. EIDSON: We have the same script. My name is Gary Eidson. I am a concerned and informed resident of Glen Eden on Vanderbilt Drive located a quarter of a mile from the former Wiggins Pass Marina. I am representing the sentiments of numerous Glen Eden residents. Thank you for the time to speak today. One of the biggest traffic enforcement problems is people running red lights. Instead of slowing down, when the yellow caution light comes on people speed and run the red light. The consequences of not observing the law can be disastrous. Our community has a coastal high hazard area that limits development to four units per acre. It is there to protect us. A request to seek an exception to this limit is like the yellow light. We as citizens, however, do not have direct control over the consequences. We have to depend on our elected officials to be sure that the limitations are followed. Setting the precedent that these limits have no meaning can be disastrous. Even if the light is improperly placed, until that light is moved or the timing changed, we have to observe the law. Last summer the commission affirmed that the coastal high hazard limits of four units per acre should be maintained and in force. This light seems to be working fine. I ask the commission to deny the petition for any residential use that exceeds the four-unit limit or exceeds the height of 75 feet as the C-4 zoning now prescribes. Another yellow light is the question of the destination hotel petition. Once again, a law was created requiring that a golf course be part of a package if the hotel does not front the Gulf. Again, we are relying on your protection. When I petitioned our Glen Eden homeowners, I did not ask if they wanted residential over commercial. I asked if they wanted the county to follow the law. The e-mails have been coming in supporting the position that the Page 153 March 22-23, 2005 commission deny the petition for a destination hotel as well as a petition for a 95-unit residential complex. If the developer wishes to build a 75-foot high building and maintain a land density of four units per acre, I could not argue the legality of that ruling. If the developer wishes to develop a destination hotel that includes a golf course in the package as prescribed by the land development code, I could not argue with that ruling. It might be nice to have a marina back in the neighborhood, but that issue is not on the table at this time. The issue here seems to come down to a matter of law. Offers to build parking lots and walkways do not justify circumvention of the law. Thank you for your consideration, the service you give, and the integrity you bring to your position. CHAIRMAN COYLE: Thank you, Gary. MS. FILSON: The next speaker is William Hyde. He'll be followed by Cam Gleason. MR. HYDE: Good afternoon. My name is William Hyde. I'm from Tallahassee, Florida, and I'm an attorney appearing on behalf of the North Bay Civic Association. I will adopt and incorporate the comments of the prior speaker to move things along. You have three options today. You can deny the rezoning, leave it at C-4, that's perfectly, legally permissible, you can approve residential, but only at a maximum of four dwelling units per acre, or you can approve a conditional use for a conventional hotel with an FAR not to exceed .6. You can -- those are your three options. You can't do anything beyond those three options to be consistent with your land development code and your comprehensive plan. Now, just -- let's touch on the marina issue for a moment. Your county's been growing by leaps and bounds, and so have the number of boaters and boats, and you need boat access in this county, and you are proposing by this rezoning, if do you rezone it, to take 450 dry Page 154 March 22-23, 2005 storage slips out of your inventory, plus 50 plus wet slips. I'd submit to you that that's a good public policy choice if you want to ensure continued access to the water for the public down here. I just think that's bad. And you should really consider that very closely and carefully before you allow this property to be permanently, and I emphasize that, permanently converted to another use. I don't see how your staff or the developer can make any argument that four dwelling units per acre does not apply. They are ignoring the clear import of the English language. They can twist it and torque it any way they want, but that's what the policy says. And the case law in Florida says you have to apply and give force to each and every element in your comprehensive plan. You don't get to pick and choose, you don't get to say one trumps the other. -+ They have to be all applied with equal consistency and the courts are going to apply strict scrutiny when they review these kinds of things to make sure that you do apply each and every element in your comprehensive plan. And I want to point out to you, there's a very interesting advisory opinion of the attorney general from 1996 which dealt with a very substantially similar situation where Escambia County thought that it found an error in how you calculated density, and they said -- they asked the attorney general, said, well, can we administratively reinterpret our comprehensive plan to ignore this provision and approve what we thought we were intending to do in the first place? And the attorney general says no. If you want to do something like that, you have to amend your comprehensive plan. If you want to approve residential density in this project, you have to limit it to four dwelling units per acre or amend your comprehensive plan. One or the other. You cannot approve 95 units here, and a court is going to knock that down. And all of the people in this room that are supporting the Page 155 March 22-23, 2005 rezoning to residential, I think would be very happy if you just limited it to 40 (sic) units per acre -- 40 units, excuse me, for the entire site. Now, that's -- and I really wish you would give that very careful consideration. Think about what the plain English language says. I mean, how can you get around it? It says four dwelling units per acre in a coastal high hazard area. Eighty-five percent of this site, according to the facts of this case, undisputed facts of this case, are -- is the coastal high hazard area. How do you get around that? You have to ignore the plain meaning of the English language to do that, and that's what the developer's asking you to do, and that's what your staff, weirdly, is suggesting that you do. And I think that's just bizarre and really extreme. Now, as to the issue of the conditional use approval, folks, this project does not front on the Gulf of Mexico. Since it does not front on the Gulf of Mexico, it has to have an on-site golf course in order to be a destination resort. Your staff has told you that. It can't be approved as a 230-room conditional use destination resort. It could be approved as a 130 -- CHAIRMAN COYLE: Could you wrap it up for us, please? MR. HYDE: Yes, I am trying to wrap up. And I would suggest to you the absurdity of all the argument, today was best encapsulated by the remark that we really don't need to have anything other than a putt-putt gulf course. That, to me, suggests to you how torqued and extreme the analysis has been to try to persuade you that somehow, someway, magically, a destination resort ought to be approved, somehow magically you ought to ignore the clear import of the English language. CHAIRMAN COYLE: Okay. Thank you very much. MS. FILSON: The next speaker's Cam Gleason, followed by Bruce Burkhard. CHAIRMAN COYLE: Is Bruce Burkhard here? Bruce, if we Page 156 March 22-23, 2005 could get you over here, thanks. MS. GLEASON: Good afternoon. My name is Cam Gleason, and I live in Northshore Lake Villas. I'm a former member of the board of directors of the Estuary Conservation Association, and I feel I need to clarify the motion that was made and passed at its January 27th board meeting because it has been incompletely represented to the EAC and the Planning Commission. It's true that at this hastily-called board meeting the vote was 5-3 to recommend a residential development over a commercial one; however, the motion also contains the following wording which has been omitted in previous presentations. Quote, the ECA adheres to its positions previously stated in prior hearings concerning height limitations, density limitations, and eagle taking, unquote. You should be aware that the previously-stated positions that were placed in the record last year by Attorney Mimi W ollock representing the ECA are: Recommendations that the height of the condo units should be limited to the height of the Bald Eagle's nest, this is approximately 40 feet, and that there should be no construction during the eagle nesting season. Incidentally, eight members of a 20-person board made that decision without officially polling their membership. My last comment is just for me personally. This property is unique and it should have unique protections, but it doesn't. Somehow or another the property is lumped into a commercial zone with a bunch of other non-water-related uses. So you will have to protect it with your own GMP which charges that you shall -- and it says shall, not may -- shall continue to ensure that access to beaches, shores, and waterways remain available to the public. If you rezone this property into a private enclave, you're not meeting your charge. You have criticized your predecessors for failed Page 157 March 22-23, 2005 opportunities to plan for future water access for a burgeoning population. What legacy do you want to leave in Collier County? Thank you. CHAIRMAN COYLE: Bruce. MS. FILSON: Bruce Burkhard. He will be followed by Diane Shanley. MR. BURKHARD: Good afternoon, Commissioners. My name is Bruce Burkhard. I live in the Vanderbilt Beach area on Oak Avenue, just off of Vanderbilt Drive. So since I live in the area, I drive it every day. When I bought my house, one of the appealing aspects of N orth Naples was specifically that the area was interesting and varied with mixed uses that shared the landscape. Such things as the white pristine sand dunes, which have now become condos, the Vanderbilt Inn, which provided restaurant and bar facilities, plus overflow guest rooms for my guests. We're soon going to lose the Vanderbilt Inn to another condo. The other mixed use in this area, which I frequently took advantage of, was the Wiggins Pass Marina. It had been part of the neighborhood for decades, was completely open to the public, unlike some of the assertions that said that it was only open to the limited wealthy. Everybody was free to get in there. And my family and friends watched numerous sunsets from the water's edges, we rented boats there, we bought clothing and refreshments from the retail store. The gates are now padlocked. We're told that the property is and will remain private. I certainly hope that you won't allow the public to be barred from one of the very last remaining public access points in North Collier. I really believe that it would be wrong and badly perceived if this commission succumbs to the enticements of checkbook zoning, that is, we'll give you $2 million if you give us what we -- the rezone that we Page 158 March 22-23, 2005 want. The mixed use character that existed when virtually every person in the room here bought his or her property should be preserved. The way to do it is simple, deny the rezone. Thank you. MS. FILSON: Diane Shanley. She'll be followed by B.J. Savard- Boyer. MS. SHANLEY: Good morning. For the record, I am Diane Shanley of Collier's Reserve speaking on behalf of the board of directors of our homeowners' association. I did have a nice speech here with lots of super segues. I will try to limit it as per the request by Commissioner Coyle. But we do have several concerns about the proj ects you're considering today. First of all is why the concerned citizens of North Naples don't want the hotel and prefer to have a higher-in-height, height-way, building in the residential buildings that they're considering, that you're considering. We at Collier's Reserve have already fought a plan that was brought forward for the neighborhood ofWalkerbilt Road and U.S. 41. There's a piece of property there where height was an issue, and we really fought it, successfully. We don't want to fight that battle agaIn. And whether you might believe or not that you're setting a precedent or not setting a precedent here and that one issue, one decision, doesn't affect the others, I believe -- and I think it's been shown in many other circumstances -- that lawyers and developers will find ways to say, you gave that to this particular project, well, here's what we're doing on our project, so why can't we have the same thing. And what we're going to do after a time, even though we're trying to keep high buildings out of our coastal area so we don't start resembling the east coast, we're going to have creep. I just believe that that's going to happen whether that's what the commissioner's Page 159 March 22-23, 2005 believe or not. Secondly, I'm just wondering what the concerned citizens of North Naples want to keep out of their supposed residential area. I agree, Vanderbilt Inn will be going away soon and I have no place to go -- I'm not a boater. I have no place to go if I want to have a nice drink, a nice dinner, look across the mangroves. I'm one of the lucky ones. I have a very nice golf club to go to, but that's not the case with everybody that lives in our particular area of North Naples. And so I -- I ask that you not give this particular piece of land up to a residential development without thinking about the fact that access belongs to everyone. Lastly, there has been some talk about traffic. I've gone through that particular area recently -- hadn't been by there in a long time -- and I didn't realize how little traffic there was on that road. But I also looked, I also -- excuse me. I will give you -- I will give you the permission (sic) to speak and will not make comments while you're speaking. I ask that you not do it while I am. I've gone by that road, and I know that it is not as heavily traveled as where I live. I know it's not as heavily traveled as U.S. 41, but I saw a lot of vacant land there, and that land is going to go to development, and there is going to be traffic on that particular piece of road. So I don't think traffic is the issue here that everybody's talking about. We're going to get traffic there because it's going to be developed. So I thank you very much for your consideration and I hope that you vote against the residential rezone, and if you must vote for something vote for the hotel. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: B.J. Savard-Boyer. She will be followed by Rebecca Knowles. MS. SAVARD-BOYER: Good afternoon, Commissioners. My Page 160 March 22-23, 2005 name is B.J. Savard-Boyer. I'm speaking today in my capacity as president of the Vanderbilt Beach Property Owners' Association. I officially represent homeowner members from Vanderbilt Beach Road to Wiggins Pass Bridge and Vanderbilt Drive to the Gulf of Mexico. At the last meeting of our board of directors we voted un -- we voted unanimously to request you to deny the two alternatives being offered to you today as the Coconilla project. Our reasons are simple. Both projects violate the land development code and the growth management plan. We think it's time development towed the line with our codes, which are written to protect all of us. Any development in the coastal high hazard area that exceeds four units per acre is a negative to our safety due to traffic congestion and evacuation in time of hurricanes. We live here. We're the ones who are at risk from overdevelopment. I have this -- the very same map that was shown earlier with four shelters that District 2 has, but you know where they are because it was pointed out to you before. So we don't have that -- first of all, they're pretty far away. Secondly, the other thing that comes up is the EOC did a model, and if Charley would have had a normal eye of 20 miles wide, we would have been under 15 feet of water, so there you are. Now, I have a picture here of where the slosh area would be, so look at that. If you look at that, and you're looking at 15 feet of water in that whole area -- I understand Golden Gate Community Center is also under water. So with that, this is -- this is what we're facing. We'd also like the new buildings not to exceed the limit of75 feet over FEMA. We applaud your recent efforts to hold the line in this area and encourage you to continue this policy. Weare against awarding increased floor area ratio to a hotel that does not meet criteria for a destination resort hotel. We don't understand how one person can get property zoned Page 161 March 22-23, 2005 while ignoring rezoning criteria. This property is useful as it is, and, in fact, we'll allow to remain C-4 in the last round of planning because it provided the public with water access. It's plainly irresponsible to award density bonuses for any reason in the coastal high hazard area. The idea's suggested by staff that approval should be given for this PUD because this developer's projects can't be built as proposed. With this type of thinking, the developer is getting his density bonus and waterfront. It's contrary to the code, and exceptions should not be given. We ask that you deny these proposals based on the facts. The property does not meet the tests required for rezoning, and the proj ects do not meet the requirements of the growth management plan and the land development code. Thank you for giving me the extra minute. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is Rebecca Knowles. She'll be followed by Doug Fee. MS. KNOWLES: Good afternoon, Commissioners. I'm Rebecca Knowles. I live at Cove Towers. I've been present at many of the meetings concerning the marina property. I'm disturbed by both proposals that are being brought forward to you today. In my opinion both proposals are too vast for this fragile environment. Please scale back the residential proposal and be firm in your denial of the destination resort hotel. In my opinion a smaller hotel would be acceptable. You may be aware that Carl Hiaasen, the Miami Herald columnist, was in Naples recently. Let me quote to you a few things he said while he was here. Naples is at a critical time in its growth. Many of the same mistakes we made in Miami are being made over here. Among those mistakes, bad planning and political cowardice. It's growth for the sake of growth, he said, which is always deadly. Page 162 March 22-23, 2005 Recently I attended a presentation by Jack Wert, the executive director of the Convention and Visitor's Bureau. He handed out the 200 -- 2005 Official Visitor's Guide. Welcome to Florida's Last Paradise. I fear that our paradise is rapidly disappearing. It will truly be a great pity if this lovely area of Naples is destroyed by overdevelopment. Please have the moral courage to say no to the excesses proposed. Thank you. MS. FILSON: Doug Fee. He'll be followed by Dr. Richard Bing. MR. FEE: Good after, Commissioners. For the record, my name is Doug Fee. And I'd first like to start off and say thank you for this opportunity to speak. The purpose of the North Bay Civic Association, which was founded in 2001, is a volunteer organization dedicated to the preservation of high-quality residential, recreation, environmental, marine, and compatible commercial use within its area of responsibility . The organization will oppose intrusions detrimental to these standards by maintaining liaisons with governing bodies so as to influence decision-making, remaining alert to actions that are of concern to the community. We will exercise vigilance in zoning matters, inform and educate the citizens of our community of the problems and promote the general welfare and heritage of the North Bay neighborhood to maintain its unique character for the future generations. We have a nine-member board. Each of our board members live in various neighborhoods within the North Bay area. We have obviously, like yourself, followed this for two and a half years. The North Bay Civic has a simple and very defensible position. We will support any development that is entirely consistent with the Page 163 March 22-23, 2005 county's land development regulations and is, of course, legally vetted and approved through the public process. We, however, believe there are serious growth management plan deficiencies with both the residential rezone as well as the land development code definition of the destination resort hotel; therefore, we would say, deny the rezones. Now, with that said, there is a way to make these, in our opinions, legal, lawful, proper. We would support the residential if it's at four units to the acre, as well as we really feel it should be at a height of 75 feet. That's what the current zoning is. The neighborhood is built out. There are many residents who live in the very vicinity, and this is their sky. It's at 75 feet. That's where we -- as far as the destination resort hotel, we'll support the smaller conventional hotel. We, however, do not feel it's appropriate to give them the bigger hotel. While Florida implemented one of the nation's first growth management acts and requires local entities to adopt growth plans of their own, there is no state oversight of compliance. State law 163.3215 actually puts citizens in charge of seeing to it that local governments observe their own land development regulations in Circuit Court if necessary. Just a few more comments. One is, Mr. Humiston made a comment about the manatee protection plan, and -- CHAIRMAN COYLE: Mr. Fee, if you could wrap it up. MR. FEE: Okay. If I could just -- CHAIRMAN COYLE: You've told us what you want us to vote -- how you want us to vote. MR. FEE: Okay. CHAIRMAN COYLE: Is there more that you want to tell us? MR. FEE: Well, I had a comment on one of the staff stipulations, and I'll be very brief on that. CHAIRMAN COYLE: Go ahead. Page 164 March 22-23, 2005 MR. FEE: That has to do with the manatee protection plan. If you have an ability to move that down. Long and short of it is, in the manatee protection plan is a graphic page that has marina restrictions listed, and it says in our area in the -- in our area there is a draft limitation less than three feet. And I want to clarify that we would not support any draft greater than that. We feel it's in the manatee protection plan, so if that's something you can consider. The setback from the property line of the Cocohatchee Bay PUD for the marina basin, they are asking you for, I believe, no setback for that wall. We believe that that is a very sensitive area. We do not feel that they should be given that variance, okay? And that's it. Thank you very much. CHAIRMAN COYLE: Thank you very much. MS. FILSON: Dr. Richard Bing. He'll be followed by George Sichanis. DR. BING: Richard Bing, 10951 Gulfshore Drive. Mr. Chairman, Commissioners, good afternoon. I'm objecting to a point of order, Mr. Chairman. I don't understand why all the no rezone people are grouped together and the other people get their last dibs. I would like to have a chance to respond to the other people from the public. CHAIRMAN COYLE: As I understand it, they were handed in to Ms. Filson in one large group, all in the order you wished them to speak in, and they were handled in the way you requested. DR. BING: No. We asked to speak second to the proponents, if you will, and we don't have a chance -- CHAIRMAN COYLE: Well, why shouldn't they have the same right to -- DR. BING: Well, they can respond and they -- they, as the applicant, get a chance to rebut everything at the end. You see what I mean? We're not having an opportunity that's equal. Page 165 March 22-23, 2005 CHAIRMAN COYLE: So you want to do that rather than have them do it? DR. BING: No. They can do it as long as we get our chance to do it. CHAIRMAN COYLE: Continue with your three minutes, Dr. Bing. Thank you. DR. BING: Okay. I do object. Anyway, we don't -- as president of Vanderbilt Beach and Bay Association, we have no problem with residential use of this property providing it meets the current law, which is clear. And I can assure you that it will hold up in court if you go greater than four units per acre. Secondly, on the hotel destination, it does -- destination resort, it does not meet the criteria clearly. Thirdly, I think it's absurd for anybody to imply that a miniature golf course meets the definition of a golf course. And lastly, I think the layman's opinion that was brought up in the CCPC about the quality of the water since the marina has closed is strictly an objective, or subjective, layman's opinion. And I, as a scientist, I would object to that holding any merit, because I would like to see the data to prove that. Thank you for your time. Please do not vote for the rezone and follow what the law says as you execute your decision this afternoon. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: George Sichanis. He'll be followed by Richard Zeusler. MR. SICHANIS: Commissioners, for the record my name's George Sichanis. I live in Tarpon Cove. I have -- about 95 percent of the things that I wanted to talk about have already been covered. I'll just make one point, a short one, and that is the hurricane season is from June the 1st through November the 30th, if I am Page 166 March 22-23, 2005 correct. And by the first of November, you probably have 90 percent of the people that are gone back again. So if you did have a hurricane in November, you'd have a harder problem trying to get them vacated. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Richard Zeusler. He'll be followed by Nicole Ryan. MR. ZEUSLER: Yes. For the record, my name is Richard Zeusler. I live at Bay Forest. And I, like so many others, would ask you to not approve the addition -- additional units that they want to put in as far as that is concerned. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Nicole Ryan. She'll be followed by Richard Ryder. MS. RYAN: Good afternoon, Mr. Chairman, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. The Conservancy is not opposed to the development concept involved in either proj ect regarding residential or hotel. Our concerns are with the proximity of the project to an active Bald Eagle's nest and the fact that both proposals would continue construction in the secondary zone throughout the nesting season. Our opposition is due to the likely negative impacts on eagle nest CO-19. The Conservancy believes that Collier County has the authority and, very importantly, the obligation under the growth management plan to protect this nest, even though the Fish and Wildlife Service seems willing to sacrifice it. Authority is in the CCM eagle 7, which states that the county shall protect and conserve its fisheries and wildlife. Then this is further expanded upon in objective 7.1, which goes on to state that the county shall direct incompatible land uses away from listed species and their habitats. Page 167 March 22-23,2005 Of course, this leads to the much-debated policy, 7.1.2, paragraph 3. One sentence in the policy states that whatever the agencies say will be deemed consistent with the plan. But there's a second sentence in that policy, and that sentence which is the first sentence of the policy -- and the Conservancy believes is the most important sentence of the policy -- states the county has to be consistent with applicable GMP policies. The Conservancy believes that that policy of -- or that objective of directing incompatible land uses away from listed species and their habitats is an applicable policy that should be applied here. And if you place the emphasis on this first sentence in that policy, then you currently do have the ability to look at whether a take is consistent with the growth plan. And as such, there are many unanswered questions here. For example, what is the minimum viable population of eagles for Collier County? What behavioral changes might be expected as a result of this action? Will the eagles' home range change? Will they be forced into competition with other eagles in the area? Will this result in the loss of both pairs of eagles? How will this impact the foraging habitat? And can we accept a take without knowing all of these ramifications? Would this be consistent with your growth plan? And what we're looking at here is likely going to cause negative effects to these eagles. The petitioner has offered to do a number of things including hiring an Audubon-approved eagle monitor. But regardless of all this, if you look at the biological opinion, it states there are no known beneficial effects to the Bald Eagle from the proposed activity. It also states the Bald Eagles occupying the action area are likely to be adversely affected by the proposed action. To conclude, the Conservancy believes the county has both the authority and the obligation to deny rezones and conditional uses based upon an applicant's failure to direct incompatible land uses Page 168 March 22-23, 2005 away from listed species and their habitat. While we acknowledge that the EAC did recommend some improving stipulations, we do not believe they went far enough. We ask the petitions before you be denied or approved only if construction is prohibited during the nesting season. Thank you. MS. FILSON: Richard Ryder. COMMISSIONER HALAS: I'd like a point of order. As one of the people noted, that we're all -- we're getting all one-sided, and it would be interesting to hear the flavor of the opposing -- other side also. And I think all we're getting here is we're getting one side of the conversation, and I don't think it's a good mixture of whoever's for or against. CHAIRMAN COYLE: Well, I think if you'll listen to all of the speakers, you'll get that flavor. You'll know who's for and against. The problem is, that as I understand it, some of these came in in a bundle. They were handed to Ms. Filson-- MS. FILSON: Yes. I call them as I get them. CHAIRMAN COYLE: Yeah, and she's calling them as she gets them. So that's perfectly fair. It's consistent with what we've done in the past. And I don't want to get into a fight about -- COMMISSIONER HALAS: I don't either -- CHAIRMAN COYLE: -- who gets to talk first. COMMISSIONER HALAS: -- I just wanted to make sure that we have equal representation in the discussion. CHAIRMAN COYLE: Well, when we finish up we can add up the totals, okay? COMMISSIONER COLETTA: Just a quick suggestion. CHAIRMAN COYLE: Sure. COMMISSIONER COLETTA: How about -- and I know this is little bit different, but I'm sure the chair could give it a blessing. We take the next slip off the bottom, then the following slip off the top, and just go that way. Page 169 March 22-23, 2005 CHAIRMAN COYLE: No, no. I'm not changing the process. We started with the process of first in, first out, and -- COMMISSIONER COLETTA: Okay. It's your call. You're the chair. COMMISSIONER HALAS: Okay. You're the chair, yep. CHAIRMAN COYLE: You know, I think we're smart enough to sort through who's in support and who's not, and we can add up the numbers as we go along. COMMISSIONER HALAS: Okay. MS. FILSON: The next speaker is Richard Ryder. He'll be followed by Joe Connolly. MR. RYDER: Good afternoon, Commissioners. Richard Ryder, M.D., Cove Towers, North Naples. The developer is making it sound like he'll be giving access to the public if the marina property is rezoned from waterfront commercial to residential. He's really taking access away from the public. When the marina was there, it never barred the public. The developer says he will provide boat slips. This gives access only to the boaters. The illegal 9.6 condos per acre would give access to approximately 200 people. The legal 4.0 condos per acre would give access to approximately 100 people. The hotel allowed under current zoning would allow roughly 30,000 people per year access at 70 percent occupancy, plus residents to enjoy the site and the facilities. Neighbors at the Ritz and the Registry are not complaining about traffic problems. In fact, they seem quite proud of their distinguished neighbors. The developer also says he'll provide a shuttle to Barefoot Beach. According to the Friends of Barefoot Beach, this will disturb the fragile estuary, require a long boardwalk through the mangroves. A lot of concerns environmentally yet to be worked out here. Rezoning will forever take away this once-in-a-lifetime chance to Page 170 March 22-23, 2005 give all residents true access to a beautiful site. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Joe Connolly. He'll be followed by Hall Eaton. MR. CONNOLLY: For the record, Joe Connolly, and I live at 10633 Gu1fshore Drive, and I'm just going to take a minute, because I agree that you should follow the law and deny both of these, but I think you need to realize that in this residential -- I mean this hotel they're proposing, that they're going to sell those units, and the unit size is 1,000 square feet or greater, and it has a kitchen and a living room and a dining area, and it's more like a small condo than it is a hotel, and I think we've gone down this primrose path once before, as we have on the destination resort hotel, and it's a farce. They're just trying to get additional density, and I want you to see through it. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: Hall Eaton. He'll be followed by Ben Briskey. MR. EATON: To the commission, I would like to defer most of my -- what I wanted to say has been covered, and, therefore, I would like to defer my prayers with Frank Halas. And-- CHAIRMAN COYLE: Does that mean you support or you oppose the approval of these petitions? MR. EATON: Oh, okay. Dis -- I support -- I'm not in favor of getting away from the commercial zoning that is currently there, all right? CHAIRMAN COYLE: Okay. Good. Thank you very much. MS. FILSON: Ben Briskey. He'll be followed by Bill Pittman. MR. BRISKEY: I was not going to speak until I heard a couple things, and I had to get up, and I'll be very brief. But there was a lady here from the Vanderbilt Beach Association and a lawyer for the North Bay Association and Doug Fee, and they stand up here and act as if they represent all the members of that association. Well, I'm a member, and I certainly don't agree with Page 171 March 22-23, 2005 anything they said. So the gentleman that was the lawyer should not make a statement about representing all the members, because, you know, I'm not. Well, I moved to Pelican Bay -- I'm sorry -- to Pelican Isle about two or three months ago, and this project is right in our front door, or in our back yard. So I would certainly hope that you would go favorably for residential instead of a shopping center or a hotel there, because we're the ones that are going to live right there with it. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Bill Pittman. He'll be followed by Don Neal. MR. PITTMAN: Okay. Bill Pittman. And we've -- I'll echo the previous speaker's comments. We've heard from a number of people who have -- who -- from areas that are not directly affected by the proposed rezone. For instance, Collier's Reserve. And the statements they make are that they represent their board's vote, not their membership vote. I live at the Anchorage, small condominium unit just south of the site. And after some public presentations, we polled our membership, and the vote was 19 for residential, zero for hotels. Secondly, I understand the same thing was done at Marina Bay, which is right next door, and the vote was 58 votes for residential, two for the resort hotel. The reasons are obvious, the traffic and so forth. But I would encourage you to listen to the neighbors who are immediately affected by this site and vote for the rezone to residential. Thank you. MS. FILSON: Don Neal. He'll be followed by Bonnie Karkut. MR. NEAL: Council, I'm Don Neal. I live at Pelican Isle, right next to your site. I would like to donate the balance of my time to the extensive survey that was done by the concerned residents. Linda Roosa's the spokesman for that. I'd like the balance of my time to be Page 1 72 March 22-23, 2005 used so that can be heard. CHAIRMAN COYLE: Thank you very much, sir. MS. FILSON: Bonnie Karkut. She'll be followed by Mary-Lou Eaton. MS. KARKUT: Excuse me. Take my three minutes to put on my glasses. I, too, had a little bit more lengthy address for you today, but in an effort to conclude in a shorter length of time, I'll try to sum this up, and I thank you for this opportunity to speak. I believe I stated I'm Bonnie Karkut. I presently reside in the North Naples Community of Tarpon Cove. Presently I'm on the board of North Bay Civic Association, but I have resided in Collier County since 1985. And as you already know, the volunteer work of North Bay is to preserve our coastal Florida lifestyle for present and future generations. I cannot stress enough how important it is that the C-4 commercial zoning remains intact. To do what is right for the public is usually not foremost in most our minds. Most of us want what profits ourselves as individuals. Residents of the community surrounding the Wiggins Pass Marina property knew when they purchased that the zoning of that property was commercial. The marina was open and operating for the public, and there was a precedent in the area for the denial of rezoning from commercial to residential. It has been stated that the property surrounding the Wiggins Pass Marina property is all residential when, in fact, the properties are R T, residential tourist district section 2.2.8, which corresponds with and implements the urban mixed use district. I mentioned speaking for other residents besides myself within the North Bay Civic Association boundaries and far beyond. A brief summation of the petitions. Petition one, very brief Page 1 73 March 22-23,2005 summation. Density limiting to four units per acre within the coastal high hazard area as per growth management plan 12.2.2. Petition two, protection of our grand Collier eagles. Petition 3, height -- building should not be constructed above the 75 foot C-4 commercial limit as the property is currently zoned. The legal representative for the Eco Venture Group in rebuttal before the Collier County Planning Commission on March 3rd of this year stated that our three petitions were not relevant to the issues this season. If these petitions do not apply, then following the county law and the policies of the growth management plan and the LDC are not significant. I fail to understand that logic. Signatures on the petition totaled approximately 3,500 signatures. I have today in my hand the signed petitions measuring 72- foot long if unrolled. Ed Oe1schlaeger of Eco Venture Group was quoted in the Indiana saying he is giving the BOCC another chance to get right. I ask, right for whom? The public or a few chosen individuals? The decision that is made today affects all Collier County residents and sets a precedent for the future. Please, BOCC, vote to preserve the commercial zoning of Wiggins Pass Marina property. MS. FILSON: Mary-Lou Eaton. She'll be followed by John Hickey. MS. EATON: Good afternoon, Commissioners. I'll try to be brief, however, I must speak. I live at 654 Wiggins Lake Drive in North Naples, and I am here to speak to you as a representative of the board of directors of my condominium association, Wiggins Lake and Preserve. It's three quarters of a mile from the Wiggins Marina property . My remarks reflect the majority viewpoint of our 212 residents, 40 percent of whom live here full time, as do I. Before I address the issue regarding the rezoning of the former Page 174 March 22-23,2005 Wiggins Pass Marina, let me take this opportunity to remind each of you as the chief policy-making body of Collier County, that your responsibility, above all, is to provide services, to protect the health, safety, welfare, and quality of life of all of its citizens. With this responsibility in mind, I urge you to deny the petitioner's request. The foremost reason, 10.45 acres in the high -- coastal high hazard area of the county, and as such, it requires a density zoning of no more than four acres -- four units per acre. In fact, the property where my condominium sits is less than four units per acre, and it was built starting in the late '80s. This is true of most of the properties in the area surrounding that marina. Not the units that have been built since that time. As I understand it, some of them have violated that trust. So let me just point out to you that in our opinion, both the height of the proposed towers, 144 feet with parking, and the 95 units per acre are being requested only for the purpose of building more units for more profit. We believe it is an illegal request and put our trust in you as commissioners to reject the developer's desires. In summary, we love our North Naples neighborhood and trust you will follow your stated policy to keep it safe for the welfare of all. Thank you for your time. CHAIRMAN COYLE: Thank you. MS. FILSON: John Hickey. He'll be followed by Joe Moreland. MR. HICKEY: Mr. Chairman, I am John Hickey, chairman of the Community Affairs Committee of Beachwa1k Residents Association, and I do represent 356 owner residents in our community in North Naples. The petitioner is seeking double the permitted density on the residential request, and our association strongly requests you not to approve this rezone. The petitioner plans two structures reaching 140 feet in height Page 175 March 22-23, 2005 with the residential rezone request. Existing height limit for structures under commercial C-4 zoning is 75 feet. This height limit should not be violated by a PUD. We, again, request you vote no on this rezone request. If the residential position is voted down, petitioner seeks approval for a 230-room destination hotel. Such a hotel provides the petitioner the ability to utilize a larger floor area ratio than a conventional hotel. The definition of a destination hotel requires that it front onto the Gulf and must have a golf course on the property. This property does not front on the Gulf, and there is not enough land for a golf course and facilities on the property. We urge you not to permit a destination hotel on this property. Under conditional use, a hotel may be permitted but only as a conventional hotel with a .60 floor area ratio. Commissioners, tremendous amounts of your time and thought have been spent on the Collier County Land Development Code and the growth management plan. Please don't trash these efforts by voting for these petitions. Vote no and stick by the county rules you have established. Thank you. MS. FILSON: Joe Moreland. He'll be followed by William Eline. MR. MORELAND: Mr. Chairman, Commissioners, I'm Joe Moreland. I'm speaking in behalf of the Estuary Conservation Association. As you know, our association's about 20 years old, and we focus on research, education, public information, and focus that most sharply on the Wiggins Pass estuary and its estuarial waters. So I'm coming here today with a narrow but very pointed preference in behalf of a resolution passed by our board of governors which was -- and may I make this clear so that some of my colleagues Page 176 March 22-23, 2005 who apparently are somewhat confused by it -- that if the only issue that were to be before you today is the question of rezoning or not rezoning and if that involves whether to use that property, which is private property, for the purpose of a new marina to be operated on a commercial basis for a hotel of a commercial type, which would be very upscale, and by definition, would be a point of destination for people who could afford to come there and who would, in more probability, come by boat, and coming by boat from great distances, including the east coast because there is a thirst for points of destination for boaters who can afford it, those two things, rather much in my opinion -- and I'm not speaking for the board on this but I think it's reasonable -- that those are not the kind of boaters that the opposition here has quite in mind. It's not going to be a marina, should it go commercial, in all probability, economically feasible, that can support trailered boats that are stored in dry docks. It will be an upscale one probably where you would buy condo slips at 100 some thousand. But that's not the business of the estuarial committee, of our organization. The least environmentally friendly use of those estuarial waters would be a commercial marina. The next least use would be a commercial development of the hotel or some other form. The most environmentally friendly would be a residential community. N ow that, I submit, if you will allow me to take the liberties as a former lawyer, is something that is credible enough to take judicial notice of it, because the minds of reasonable people with or without quality -- water quality tests can pretty much testify to the fact that those waters have been undisturbed now for quite a while because of the closing of the marina. They've been undisturbed, and the result is wildlife which was not readily apparent, readily apparent, is now returning, manatees and so forth. Hence, the legal issues aside, we have long stood behind Page 1 77 March 22-23,2005 supporting the eagle and the rules that apply to it, between density and the rules that apply to it. But I go to what was misunderstood. We stand for residential property. If the issue before you -- if the only thing you haven't decided in your mind is whether to go commercial or residential, go residential. Thank you, sir. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is William Eline. He'll be followed by Dodie Briskey. MR. ELINE: Good afternoon, Commissioners. And I believe I'm getting to know each of you. I've appeared, I think, at every one of these hearings, and I'm going to be very brief. N either one of these proposals belong on that property. And I have made a proposal some time ago and that -- I ask that you really take a look, turn these down, stay with your land development code and stay with access for people of that waterway. And there's nothing more to be said. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Dodie -- I'm sorry, Dodie Briskey. She'll be followed by Dick Macken. MS. BRISKEY: I'm Dodie Briskey. I live at Pelican Isle. We are members of ECA, Vanderbilt Beach Homeowners' Association, North Bay Civic Association. I don't think anybody has polled me or my husband from any of the organizations who purport to represent me. I have given a handout to each of you that had some snapshots on there, and I would like if you would just glance at them, and I think it's going to be on the -- they're on the overhead now. You can sit and say, you know, we believe in this and we believe in that and, you know, make decisions about what happens at Collier's Reserve or what happens in Old Naples. But when you're sitting in your lanai, your kitchen, your family room, and your bedroom, which Page 178 March 22-23, 2005 also happens to be my office, these were pictures taken from there. And if you look at what's in the background there, that is the marina. That's what's on there now. So I'm -- when I'm saying what is best for people who are actually in that area, residentially, I think that we can't vote any other way. I don't think that when you think of a commercial venture over there and think of people being paged and trucks backing up, all the noises that are going on and all that sort of thing you're going to hear, it's going to come right across the water, and it's going to disturb us, probably Marina Bay, and probably the Anchorage. So maybe it's selfish for us to be there and say that this is what we would like. We would like to have something that's quieter, but we'd also like to protect the rest of the residents in the area as far as the traffic goes. And I don't think that if any of the people in North Bay, Vanderbilt Beach, any of the other areas or any of the Commissioners sitting here today were in the same situation, that you would vote to put a commercial enterprise in your front yard and in your ear sounds. Thank you very much. MS. FILSON: The next speaker is Dick Macken. He'll be followed by John Findley. MR. MACKEN: My name is Dick Macken. I live at the Villages of Emerald Bay where I'm the past president of our condominium association. Our owners have taken a strong interest in the fate of the Wiggins Pass Marina property. I am a concerned and informed resident of North Naples. There was a time in Collier County not so long ago when our elected officials played fast and loose with the rules. We all hope those days are over. The county needs to see that the regulations and codes on its books are enforced. That way everyone, citizens, developers, county Page 1 79 March 22-23,2005 staff, and elected officials alike will have a level playing field. Everyone will know what's required and what's expected. Playing by the rules will put an end to government by exception and by variance. You have a wonderful opportunity to put that into practice today. The developer, Eco Venture, has presented two petitions, one for a rezone of the property from commercial to residential, the other for a conditional use in order to build a destination resort hotel. Both petitions, as presently written, are deficient according to controlling provisions of the land development code and the growth management plan. Section 1.08.02 of the land development code lists the requirements for a destination resort hotel. A destination resort hotel must have an on-site golf course and golf-related facilities unless the hotel fronts on the Gulf of Mexico, in which case the on-site golf requirement is waived. As the Wiggins Pass Marina site is located on the estuary of the Cocohatchee River with the nearest waters of the Gulf of Mexico about 4,000 feet away, an on-site golf course is required. As one is not planned or possible, the conditional use petition must be denied. The developer would still have the option of building a conventional hotel on the property. Conservation and coastal management element policy 12.2.2 of the growth management plan expressly limits all new residential development maximum of four dwelling units per acre within the coastal high hazard area. No exceptions are made for density bonuses, transfers of development rights, or other planning mechanisms for increasing a site's allowable density. As the Wiggins Pass Marina site is located within the coastal high hazard area, the four units per acre density limit applies. The proposed condominium towers have a density of 9.48 units per acre. F or that reason, the rezone petition must be denied. Page 180 March 22-23, 2005 What I'm asking you today is to follow the law, something that all of us should do, but especially elected officials. Do the right thing, do the legal thing, and deny both these petitions. Thank you very much. MS. FILSON: John Findley. He'll be followed by Linda Roosa. MR. FINDLEY: Good afternoon. My name's John Findley. I'm a certified marina manager, and I'm a member of the Southwest Florida Marine Trades Association and the Collier County Trades Association, Marine Trades Association. I guess I'm representing a little bit of another group than what you've heard here today. But one of the major concerns that this county faces is trailer boat parking. This proj ect, from residential, does offer excellent mitigation to help critical problems facing the county . At a recent commission meeting for planning, they had the Goodland hearing, and we added -- it was recommended to add 50 more spaces for that trailer facility, which will help the county at this time. It was reduced from 75 to 50. And there's national studies that you should have that Marla Ramsey referred to that you should have 75 parking spaces to handle a two-ramp facility. The current Cocohatchee River Park and marina facility has 58. There is over -- right now there's 22,000 registered -- excuse me -- there's 22,000 registered boaters in Collier County. In a recent study that was quoted in the News Press, there's 12,000 trailer boaters in Collier County. That's over 50 percent of your boaters. Right now you have 124 trailer and car parking spaces. That accommodates 1.03 percent of the population. If you are a boater and you live in Golden Gate and you try to get your kids together, you've got to leave at 5:30 to get down there and find a parking space. This will give you 29 more parking spaces, the mitigation that's offered by this developer. It should be precedence Page 181 March 22-23,2005 that maybe you go after all developers to offer these kinds of things that benefit the community. But Joseph Schmitt with your planning -- with the community development/ environmental services, at that hearing for Goodland, said this is one of the most critical issues facing the county at this time is trailer boat parking. We need these spaces. They're offering another million dollars for the parking across -- for additional parking across the street. But just the 29 spaces, that adds five -- or that adds 10,585 more parking spaces over a year. That's 12,000 parking spaces. I spoke to the previous marina manager at the other marina, only about 70 percent of those people were from Collier County . Yes, and being from the marine industry, we hate to see marinas go away, but it accommodated about 450. It was a pay for service, private facility, and it was private. Unfortunately, as to the guidelines, there's been a lot of argument. But all marinas are private facilities that are paid-for services. The fact of the matter is though, this will give to the public that live in the surrounding areas. Commissioner Halas, I had the pleasure of listening to you at the boating access conference on South Seas on November, I believe it was 5th or 6th of 2003. And you stated at that -- to a group out in the lobby at that time that you went door to door lobbying to save the marina. I commend you for that. But you also said something that's very important, and it was in your own words, and I quote you. You said that you were amazed how many people in the immediate neighborhoods didn't know the marina was going away or even cared the marina was going away because they kept their boats in their yards. Those are the people that are going to benefit from this in the community. COMMISSIONER HALAS: Sir, Mr. Findley, you are a marina expert, but you're also the marine person that -- manager of the marina Page 182 March 22-23, 2005 at the Pelican Isle Yacht Club; is that correct? MR. FINDLEY: That is correct, yes, it is. COMMISSIONER HALAS: So are you a lobbyist then? Who pays your bills? MR. FINDLEY: Actually the board members. The club is owned by the membership, and I work for the membership of that club. But I'm looking out for the marine industry as a whole. It benefits the community. I see the boaters that get tickets up and down the roads because there's not enough trailer parking up and down the road. I deal and I'm active with the marine industry, past commander of the Sanibel/Captiva Power Squadron in teaching the boating industry, and I've been teaching safe boating for 25 years. This is a critical issue that cannot be -- COMMISSIONER HALAS: I'd just like to correct you. I don't know what -- I think what you heard me say at that conference was that -- I said that people were very shocked that the marina was closing, and it was in no way -- they were concerned that it was closing and, of course, there was a lot of people that parked their boats in the back yard. But the people that were concerned that it was closing were people that use that marina when I went door to door, sir. I just want to clarify that. MR. FINDLEY: And I was commending you on that from the marine industry standpoint. But in closing, I fee1-- and once, again, something you stated, nothing outweighs the 450 slips that are going away. I really truly believe the 12,000 trailer boaters in Collier County that only have parking spaces for one percent of them at this time are going to benefit from this proj ect. And the one other comment is, the bridge that goes over the river, you could use another million dollar for that proj ect. At your town hall meeting, that is a critical issue from the traffic standpoint. Page 183 March 22-23, 2005 CHAIRMAN COYLE: You're going to need to wrap it up. Thank you very much. MR. FINDLEY: All right. Thank you. MS. FILSON: The next speaker is Linda Roosa. She'll be followed by Felix Jarczyk. MS. ROOSA: Good afternoon, Commissioners. And my name is Linda Roosa, and I live at Barefoot Beach, and I am here to represent the concerned citizens or residents, excuse me -- Concerned Residents of North Naples. I've already had one gentleman defer his time to me, and I know there's several more that would be willing to defer their time if that's permissible, Mr. Chairman. CHAIRMAN COYLE: You've got, right now, five minutes. MS. ROOSA: Thank you. CHAIRMAN COYLE: Okay. MS. ROOSA: Okay. I stand before you because I'm presenting 2,447, five more came in this afternoon, petitions from residents of North Naples. These have been signed, and these are to be added to your record, please. Concerned Residents of North Naples began work just a very short six weeks ago. We mailed out 7,292 petitions to the 34110 and the 34124 zip codes because these are the zip codes that surround our community. That's a huge return, as you can see, from the number that we sent out. COMMISSIONER HALAS: I didn't think they had that many residents. MS. ROOSA: The petition was very clear, it was residential. Are you in favor of residential rezoning, and that many came back. Wouldn't you like to have that kind of return from a business? Weare a grass-roots organization working together to let the residents of N orth Naples know about the decision that you will be making concerning our neighborhood. Some folks have been passing Page 184 March 22-23, 2005 out petition sheets throughout their neighborhoods. Folks have been sticking labels and sealing tabs on petitions, some have been even hand-writing some of the petitions so that they could go out. We've also had the residents who returned these, some came through the website that we created. The vast, vast majority came from people who put their own 37 cents on that petition and mailed it back. We've spent a tremendous amount of time checking and rechecking to make sure that we are not presenting duplicates. Concerned Residents of North Naples -- of North Naples, excuse me, is the only group that has polled the residents in that immediate community. The community sentiment is very strong, as you can see. We do not want any type of commercial zoning in our neighborhood. Vanderbilt Drive is not a commercial corridor. Commercial belongs only on commercial corridors, and our commercial corridors are very close at hand. They're one thoroughfare away, and we have all the access to commercial that we need. The reason that we were formed is because it became clear that the leadership of the North Bay Civic Association was not fairly representing the people because they were not polling the people for their opinions. We were present at the straw poll vote where their leadership overturned their first vote which was in a majority that wanted residential, yet that board overruled it and then went to voting for a hotel. Since then they keep changing their position. Again, we are the only organization which has polled the residents, and our poll is current. And we continue to receive every day. I got an e-mail last night from a gentleman. It came in late. I didn't pick it up until the early morning hours when I was up. I mean, this is coming in constantly. The vacated Wiggins Pass property has been a private marina, and the water access was limited to only those who could afford to pay Page 185 March 22-23, 2005 the storage prices. We believe that that was not true public access. It was only for those that could afford to pay the storage price or pay to go and rent a boat. The hotel zoning will only provide three designated public transient public docks for use. The shopping center, none. We surely don't think that equates into public access. Planning board member Mr. Abernathy and Commissioner Halas have both stated that the amenities are a bribe, that -- the amenities that are being offered. We believe the contributions of 50 more parking spaces, a million dollars, you've heard it all -- the one that I don't think has been clearly stated though is the realignment of the traffic in and out of the Cocohatchee River Park to the existing Wiggins Pass traffic light. That will make it safer for our people coming in and out of Cocohatchee. And that's very important. Plus, I don't think it's really been clearly stated that that extra million dollars that is being offered is for beach public access in our community . CHAIRMAN COYLE: You have to wrap it up pretty quickly. MS. ROOSA: All right. COMMISSIONER HALAS: Mr. Chairman, could you be more specific on who this Concerned Residents of North Naples is? I mean, who's your president? Do you have a president? MS. ROOSA: My president is Jim Owens. I am vice president, and I am the spokesperson, Mr. Halas. COMMISSIONER HALAS: Do you have any other affiliations? MS. ROOSA: Yes, I do have affiliations. We have a boat slip at Pelican Isle Yacht Club, we are also members of the U seppa Island Club, but this is beyond club membership. This is a community issue. It has nothing to do with where I live, except for in Collier County, what clubs or organizations I belong to, because I do belong to the ECA as well. This is a community -- COMMISSIONER HALAS: Something else -- Page 186 March 22-23,2005 MS. ROOSA: -- issue, community. COMMISSIONER HALAS: I happen to see that you belong to the Pelican Isle Yacht Club -- MS. ROOSA: Yes, I do. COMMISSIONER HALAS: -- and that Ed Oelschlaeger is obviously the president, and then right underneath is Linda Roosa. MS. ROOSA: I am -- COMMISSIONER HALAS: And then it goes on and it says -- well, this is the officers and directors and then -- MS. ROOSA: I am an officer of the Pelican Isle Yacht Club. COMMISSIONER HALAS: Linda Oelschlaeger and Bill Pittman. MS. ROOSA: I am not Linda Oelschlaeger. I am Linda Roosa. I am a member. Mr. Halas, let's get back to the point. COMMISSIONER HALAS: And you are a member of -- you are a director of -- COMMISSIONER HENNING: Is it time for a break, Mr. Chairman? MS. ROOSA: I am not a director. CHAIRMAN COYLE: It will be pretty shortly. You know, there's no point in getting in an argument with public speakers. MS. ROOSA: No. I am not. And this is -- CHAIRMAN COYLE: They're entitled to speak. MS. ROOSA: Right, and -- CHAIRMAN COYLE: So please wrap it up though. MS. ROOSA: Okay. This is a community issue and it has nothing to do with where I live, where I work, what organizations I am involved with. We want the concerned residents, all of them, want and need the additional public parking spaces for our boaters and park visitors. We want and need the safer entrance and exit to the Cocohatchee River Page 187 March 22-23, 2005 Park. We want and need that boat dock for -- to improve public access to Barefoot Beach. CHAIRMAN COYLE: It's got to go very quickly now, Ms. Roosa. MS. ROOSA: Okay. CHAIRMAN COYLE: I mean, you've had a lot more than five minutes here. MS. ROOSA: Well, I got waylaid. CHAIRMAN COYLE: I know. But you want us to support residential, is that it? MS. ROOSA: Absolutely, because we have a vision of Vanderbilt Drive, and that is to keep it residential and to blend that Cocohatchee Park -- CHAIRMAN COYLE: I got the point. We got it. MS. ROOSA: Thank you. CHAIRMAN COYLE: Okay. Thank you very much. MS. FILSON: The next speaker is Felix Jarczyk. MR. JARCZYK: Felix Jarczyk, 10310 Gulfshore Drive, Vanderbilt Beach -- MS. FILSON: Can I just take one second to call Eugene Foster up. MR. JARCZYK: Sorry. Am I free to speak here or -- CHAIRMAN COYLE: Yes, by all means. Go ahead. MR. JARCZYK: Do I have to state all the organizations I belong to? CHAIRMAN COYLE: No, you just speak. MR. JARCZYK: Thank you. CHAIRMAN COYLE: The only thing we want to know from any speaker is whether or not you're a paid lobbyist. If you're a paid -- CHAIRMAN COYLE: That I am not. CHAIRMAN COYLE: If you're a paid lobbyist, you've got to register and pay a fee here; otherwise, you can speak, not as long as Page 188 March 22-23, 2005 you like, but you can speak on any topic you like, okay? MR. JARCZYK: I'll be brief. As you can see, I'm for residential. CHAIRMAN COYLE: Does that conclude your presentation? MR. JARCZYK: I'm confused about the laws being stated to you gentlemen. I'm just a layman here, but I heard earlier from staff and the county attorney that as a board you could approve in this particular coastal area from C -- from commercial to residential 16 units per acre; is that correct? You could go that high? CHAIRMAN COYLE: That's what staffs opinion is and what our attorney's opinion is. MR. JARCZYK: Yet the other people who have spoken are saying that you cannot by law go over four point something. So that's not true then, what they've been saying? CHAIRMAN COYLE: Somebody is not telling the truth. MR. JARCZYK: Okay. Thank you. (Applause.) MR. JARCZYK: I'll be brief then. Given the fact that this property is going to be developed in some fashion, whether it's residential or hotel, condos hotel, or commercial, and given the condition of the traffic and Collier County as it exists today, traffic is a major issue for this particular spot, because if it's left to be commercial, you saw the numbers yourself, over 7,000 passings a day. That's just an awful lot for Wiggins Pass Road and Vanderbilt Drive, so I would urge you to vote for residential condo development. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Eugene Foster. He'll be followed by Peter Franch. MR. FOSTER: My name is Eugene Foster, and I'm not here to give you any challenges or free legal advice -- CHAIRMAN COYLE: Excuse me, sir, can we take a recess for Page 189 March 22-23, 2005 a few minutes? We only have three commissioners. This vote is going to take four. There's no point in continuing the proceeding until we get the other commissioner back in here. Okay? So if you -- why don't we just take a break now. We were scheduled for one at 4:30. We'll take one now. We'll be back here at 4:30. Okay. (A brief recess was taken.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. MS. FILSON: Mr. Chairman, we have 17 speakers left. Are you ready for me? CHAIRMAN COYLE: I'm ready to resume with the public speakers. Thank you. MS. FILSON: Okay. The next speaker is Eugene Foster. He'll be followed by Peter Franch. MR. FOSTER: My name is Eugene Foster. I'm not a paid political lobbyist. I would like to make a point. First of all, you're talking about the hurricane evacuation. In the 2004 hurricane season, I was the Pelican Isle Yacht Club hurricane coordinator. On average we had never had more than 50 percent at Pelican Isle at anyone time. So max percentage is 50 percentage of the folks. Before the hurricane season, when the first named hurricane was announced, we went down to less than 10 percent, so that probably is a figure that you could use for those. I'm not here to challenge you. I'm not here to give you free legal advice, which I'm sure you're happy about. I'm not here to lecture you. And I do trust all five of you to make good decisions. I have a couple prayers. One is that you as our elected county commissioners will vote on the issues and on their merits in a logical, rational, ethical manner. Basically I'm just asking you to be good, fair commISSIoners. Next I would pray that our county commission will provide -- Page 190 March 22-23, 2005 you, our elected commissions, will well research specific and correct legal advice. You've heard a whole bunch of legal opinions today. I don't know how valuable they are. I guess I would trust the county attorney here more than some of the other people that we've heard. I'd like to have them get that advice to you well before the commission's vote on this so as to minimize the potential for additional taxpayer burden that may be caused by a commission vote that could be overturned by an appeal to our judicial systems at potentially great expense to us as taxpayers. I would then ask that both sides of the very complex issue will forgive their opposition for some of the not so wonderful things that have been said. For the laughing at us as we're speaking. It's just really not good. And I'm looking here, it says, respect is the cornerstone of dialogue. We've not had all that today, and I would ask that we continue looking at this. You see it right in front of you here. Thank you for listening to me. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker's Peter Franch. He'll be followed by Tim Rowe. MR. FRANCH: My name is Peter Franch, and I live at 425 Dockside Drive, right next to the subject property. For the record, I am a member of the North Bay Civic Association, and for the record, I want you to know that the North Bay Civic Association does not represent me and my views. I want to tell you a little story. I wrote a letter because I felt something needed to be said, and because of my letter, I was thrown in with other people that we were a bunch ofNIMBIs. And since English is not my original language, I didn't know what it was. Was I being called names? Was it bad? Was it good? So I looked it up. And I'll read to you what it says. A NIMBI is someone who objects to something unpleasant or dangerous being located near his or her home. And guess what? That's right on, Page 191 March 22-23, 2005 because a commercial development would be something unpleasant at best, and possibly even dangerous. And then it goes on to say, but is perfectly happy to see it located elsewhere, and that is not the case. I wouldn't want a commercial development in your neighborhood, neither one of us want that. COMMISSIONER HENNING: I'd want it. MR. FRANCH: With that, thank you very much for your vote for residential. Thank you. MS. FILSON: The next speaker is Tim Rowe. He'll be followed by -- and I hope I don't mess this one up -- Malika Anagnostopoulos. I know I messed that one up. MR. ROWE: Thank you very much for your time, I just wanted to bring -- COMMISSIONER FIALA: Name, sir? MR. ROWE: Tim Rowe. Just on a very simple side, I'm new to the area, and I live in Commissioner Henning's district out at 951 and Indigo Lakes. There's a tremendous amount of construction going on right now, and the residents are feeling a lot of pressure with the traffic out there. The quarry is coming in, Heritage Bay, I believe, it's called. I don't object to that. I moved here understanding it's a beautiful place and more people are going to come to this area to live. Development is inevitable. And as the county commissioners, with, I think solid backing from your legal team and staff, we want to pick and choose developers that have the same vision for the quality of our environment as we do. I think that this developer has displayed that. And the battle seems to go on and on, and it seems -- it's very confusing from my perspective. I haven't been here that long. Because what was once an ugly pollution-ridden marina could soon be a beautiful 95-unit two-tower place with additional parking for trailers, with additional money to do some nice things, and that seems fairly simple, and that's Page 192 March 22-23, 2005 why I don't understand what's going on. And I hope that you will support residential so we can convert a real eyesore and we can clean up the soil and have some good things happen. Thank you. MS. FILSON: The next speaker is Malika. She'll be followed by Emory Waldrip. MS. ANAGNOSTOPOULOS: My name is Malika Sesi Anagnostopoulos. I hope you can pronounce it correctly. I'll give you anA. COMMISSIONER HENNING: I remember you. MS. ANAGNOSTOPOULOS: My husband and I reside at 435 Dockside Drive which is next to the property in question. Please remember that the property we're talking about is within a shouting distance from my living room. Today if I shout only other residents will hear me. Suddenly people who live away and beyond the shouting distance from this property want to put a hotel or even a strip mall next to me. Why should they care? Whatever goes there is not within a shouting distance from their living room. I hope you have heard the voice of reason to vote yes to this beautiful, useful, tax-generating and more residential property. Thank you. MS. FILSON: The next speaker is Emory Waldrip. He'll be followed by Sylvia Neal. MR. WALDRIP: My name is Emory Waldrip. And many of the points I was going to make have already been made, but I do want to make two. I've heard a number of individuals speak today stating that they were members of a board of directors of an organization with so many members, and I've heard them go on then to make points as if they were representing the will of the majority of the people of the organization that they supposedly represent. Page 193 March 22-23,2005 And I want to point out to you, if you think back there have been very few people who have had the ability to stand here representing a point of view that was majority of their members. Secondly, as I look at this stack of petitions here and look with this probably four weeks old grass-roots organization of people that do not want to see a residential area go in a commercial direction have gone out and polled people, took the risk of make -- mailing and see what we get, and to see in a short period of time 2,400 plus people, people, in the community limited to those zip codes are stating they want to see this be residential. Development is going to happen on waterfront property. So to talk about and think that there's something else in the cards is naive at best. And when you look at the development options, there's a large, large number of people apparently in the community that want this area maintained as residential. CHAIRMAN COYLE: Thank you. MS. FILSON: Silvia Neal. She'll be followed by John Lawrence. MS. NEAL: My name's Silvia Neal. I live at Pelican Isle Yacht Club. My thoughts have been expressed by many. I'd like to urge you to vote for the residential development. And if possible, I would like to cede my time to Rita Reuss, who will be speaking following me. MS. FILSON: John Lawrence. He'll be followed by John Kindsvater. MR. LAWRENCE: Commissioners, thank you for your patience in this long, long session. I support the residential proj ect here as been described for a couple of reasons. Number one is that when we first came down Vanderbilt Drive over 20 years ago, it was a lot of empty land and you found a couple of commercial developments up in Lee County near Bonita Beach Road, yes, and they're still there. If you go further south, in spite of whatever the zoning is, I don't Page 194 March 22-23, 2005 see anything other than residential all the way down to the road, Vanderbilt Beach Road. It's all residential, and I think this fits in with the rest of the complex. The other thing I would like to tell you is that my wife and I living at Pelican Isle are only here five months, so we won't be here during the hurricane, believe me that. We will not be here. Scratch two from your concern there. I would like you to think, too, that this residential is solving, or not really solving, but is helping to provide more parking spaces for trailers and the boating public who go on trailers. I've worked on this in Michigan in the past. It's a big need. I encourage you, again, for residential. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: John Kindsvater. He'll be followed by Jim Owens. MR. KINDSV ATER: Mr. Chairman, Commissioners, I'm John Kindsvater. I live at 425 Dockside Drive, and I thank you for the opportunity to address you on this emotionally charged, as you well know, and very complex issue. Unfortunately sometimes this is getting cast too much as a have versus have not issue, and I think we need to get beyond that and deal with the opportunities that you have and the opportunities that you don't have in your vote today. You don't have the opportunity to bring back the marina. The operator of the marina let the lease expire, the owner of the property has given it for development, and this marina is gone. You also don't have the opportunity today, unless have you tens of millions of dollars from the county to turn it into a real public access place, which I have to admit would be wonderful. It would be great if the county could take that and operate it as good public access to the waterways. I don't see that in the budget, and I don't think you do as well. Page 195 March 22-23, 2005 So as a result, you have to face the opportunities you do have, and one of them is to vote for the right zoning for this property and you have to look into your heart and see what's right for the property. You've seen the facts presented. You have the opportunity to rezone this property into conformance with your comprehensive plan. And although there's been a lot of arguing about it, the comprehensive plan is pretty clear as to what this can have. You also have an opportunity that most public officials would love to have, and that is the chance, at one hand, to zone the property for its highest and best use, and at the other hand, to have money available to spend on public access that can really bring people to the water much more than any standard commercial C-4 opportunity or building would bring. So please take advantage of these opportunities that you have to vote for the rezoning to residential. Thank you very much. MS. FILSON: Jim Owens. He'll be followed by Rita Reuss. MR. OWENS: My name, for the record, is Jim Owens, Sr. Thank you for this time to present my views. I've been a permanent resident for eight years living next door to the vacated Wiggins Marina property. Recently, within the past six weeks, 2,442 plus residents of North Naples signed and submitted a petition supporting the down zoning of the vacated Wiggins Marina property to residential. I would like to make just a few comments to a couple of quotes from county officials. I quote Collier County Commissioner Halas from his December 2003 commentary. Quote, the community must speak and the government must listen. This is the way democracy is supposed to work, unquote. Commissioner Halas, this is a perfect example of the community speaking. I also quote Jeff Klatzkow, the assistant Collier County attorney, Page 196 March 22-23, 2005 as printed in the February 26, 2005 edition of the News Press. Attorney Jeff Klatzkow stated, quote, Commissioners take residents' opinion into account when making decisions. I think the Board of County Commissioners is very much concerned about the concerns in the community. Mr. K1atzkow continued, this is very much local government. Commissioners, please listen to the concerns of the residents in the community where the property is located. Thank you. V ote in favor of residential. CHAIRMAN COYLE: Thank you. MS. FILSON: Rita Reuss. She'll be followed by Ronald Reuss. MS. REUSS: Good afternoon. I'll speak for my husband and say he doesn't have to talk. CHAIRMAN COYLE: Wait a minute. How long do you intend to talk? MS. REUSS: I hope I don't go over the three minutes, but if I do, Silvia Neal ceded me some of her time, and I would not want to go beyond five. I'm president of the master association of Pelican Isle area and also vice-president of the board of directors of the homeowners' association. I have a stack here. My stack is smaller, but it is signed petitions representing a poll of the homeowners of Pelican Isle. Ninety-five percent of -- over 95 percent of those folks requested this commission vote residential. I'm going to add them to the stack over there when I finish so you have them for the record. I also gave them to each commissioner earlier. One person voted do nothing, and two people voted for hotel only. Do nothing, I hope, is not something that this group is really considering to do. The opposition spoke of three issues that impressed me as I was listening, and the first one that hit me was that North Naples is a Page 197 March 22-23, 2005 beautiful area, and North Naples is a beautiful area. I also got the impression that the site we're talking about is a beautiful area. That is not true. The site we're talking about is vacant, it's barricaded with barbed wire, it's overgrown, it's been damaged by the hurricane, and the worst issue is, is that it is still leaching toxic waste into the soil because of its many years of use as a marina. That needs to be cleaned up, and doing nothing is not going to solve that problem. We need to move forward. This is an old proj ect. We're all getting tired of it. It's been 13 months since we started talking about this that I know of, and I'm sure before that. So I think that we need to come to a conclusion on this. And, again, I don't think doing -- that if we do nothing, we are in a sad shape. The site we're talking about is private property, and the owner's property rights needs to be recognized as we did this. We also need to recognize balancing of interests. So what can this commission look at? My head's spinning from all the opinions of legal opinions and everything else that you've heard today, and I think the issue before you is to resolve what is best for the community, two communities, the immediate neighboring community and the community in general. And what do have you before you on those two issues? The immediate area is all, as you've heard over and over again, residential, numerous buildings that are taller than the ones under consideration. It is compatible with the neighborhood. The immediate neighborhood, all of the petitions request residential. Let's go then to what you can do for the community. Jack Kindsvater talked about it. You have $2 million to work with. You have boat ramps. The old marina offered no -- I'm sorry, not boat ramps, boat parking spaces, trailer parking spaces. The old marina did not provide any of that. Thank you. Page 198 March 22-23, 2005 The old marina did not provide any of those resources for trailer parking. Also, the public -- the county gas dock has in the past year rented spaces for -- rented pontoon boats, so there is access for rental boats, and it can be done there. In addition, there are numerous boat clubs that have been developed, freedom boat clubs, all around, plus others that provide boat access. So we ask you to seriously consider the character of the neighborhood when you're ruling on this, that you allow the Coconilla project to move forward and maintain the residential character of the neighborhood. It will enhance the beauty and value of the neighborhood area for those walking, biking, driving, and boating in the area. It's used by many people in the community, and there is a park nearby, that you need to consider the safety issues when you're deciding this and what provides the best safety for the area, and I think that's residential. That park's used by a lot of kids from a lot of the communities for parties and reunions, et cetera. So I thank you for the time. I wish you good deliberations, and I'll add my stack to the other stack. Thank you very much. CHAIRMAN COYLE: Thank you very much. MS. FILSON: Bob Cassens. He'll be followed by Jeanne Heller. CHAIRMAN COYLE: Is Jeanne Heller here? (No response.) MR. CASSENS: Mr. Chairman, Commissioners, participants in this hearing. It's my pleasure to be here. My name is Bob Cassens. I wrote what I thought was a very good, well-documented logical speech, but I'm not going to give it. I'm going to attempt to relate to you a personal experience I had as a way of making a point. I was a practicing biochemist at the University of Wisconsin for 33 years. And during the 1970s I got thrown into the food safety Page 199 March 22-23, 2005 controversy, that meant I was going against the Ralph N aders and the Michael Jacobsons and those sort of people, and they became known as activists. Those activists, let me assure you, had a shopping list for an agenda. The issues that they wanted to attack changed continuously. Scientific documentation of statements they made never happened. It reminds me very strangely of the opposition that I'm facing here today. What really is the agenda for destroying a neighborhood, a residential neighborhood, increasing an already intolerable amount of traffic, producing more environmental problems and limiting further access to our beaches? CHAIRMAN COYLE: Thank you. MS. FILSON: Jeanne Heller? (No response.) MS. FILSON: Tom Andes. He'll be followed by Louise Franch. MR. ANDES: For the record, my name is Tom Andes. I reside at 1746 Persimmon Court, which is in Pelican Marsh in Naples. Many of the points that I wanted to make, obviously, have already been made, and per the suggestion of the commission and chairman to efficiently utilize our time, and certainly in strong support, strong support, for residential rezoning, I'd yield my time. Thank you. CHAIRMAN COYLE: Thank you very much for your consideration. MS. FILSON: Louise Franch. She'll be followed by Suzanne Ring. MS. FRANCH: I'm Louise Franch, and I also live at Pelican Isle Yacht Club, and I'd like to call for the question. Can anybody do that? CHAIRMAN COYLE: Are you a NIMBI? MS. FRANCH: No, I'm not a NIMBI. Vote yes for residential, but I would like to call the question. Can we get this over with? Are Page 200 March 22-23, 2005 you on my side to get this over with, to get this over with? CHAIRMAN COYLE: I'm on your side to get it over with -- MS. FRANCH: I have heard these -- CHAIRMAN COYLE: -- but we've got to listen to the other people. MS. FRANCH: I understand that, but I've heard the same thing many, many, many times, every Planning Commission, every County Commission meeting. I've heard it, you know, and I think you have, too. So I wish you good luck and I pray that you will vote residential. Thank you. CHAIRMAN COYLE: I just made the observation to someone during the break that I have not heard a single new fact all day long. MS. FILSON: The next speaker is Susan Ring. She'll be followed by Bowen Broock. MS. RING: My name is Suzanne Ring. I live at 425 Dockside Drive, and I guess I don't want to repeat all that's been said today. But there is a couple -- there is one item that had been mentioned a couple of times but it has never really been elaborated on, and that is the noise that will come from any kind of commercial venture. No matter what it is, we're going to have the noise. I remember hearing the noise, not that it was all that bad, but hearing the noise when they were paging people over there when the marina was there. But the noise will be there. And if you are aware of how water carries noise, we'll hear noise. So I'm going to tell you a story instead of repeating any of these other items that have been repeated day after day after day. The other day -- and we're talking about how environmentally sensitive this area is and that residential would be a better approach for the marine environment, and it has been -- become better. My husband, for the first time -- and we live there year-round for the last seven years, and he's always watching out the window to see if anybody's finding any fish when he's not fishing. Page 201 March 22-23, 2005 But he saw a dolphin jumping so high -- and he's only seen it when he's been out far at sea, and he actually saw a dolphin jumping high. And I was on the phone with him at the office at the time. And it didn't jump just once, and it didn't jump just twice, it jumped three times out of the water, and he was totally amazed. And I thought, you know what, I wonder if that dolphin has ESP and he found out that the commissioners were going to vote in favor of residential rezone. MR. FILSON: The next speaker-- CHAIRMAN COYLE: The dolphin was jumping because he was trying to get out of that polluted water. MS. FILSON: The next speaker is Bowen Broock, and your final speaker is Tom Gardella. Bowen Broock? (No response.) MS. FILSON: Tom Gardella? CHAIRMAN COYLE: Quick before he changes his mind. Let's turn this off. MR. GARDELLA: Okay. MS. FILSON: Which one are you? MR. GARDELLA: Tom Gardella. MS. FILSON: Thank you. MR. MUDD: Hey, Tom, I think you've got to swear in. MR. GARDELLA: Oh, yes, and I do have to -- thank you for reminding me. I do have to swear in. (The speaker was duly sworn.) MR. GARDELLA: Okay. We ready? Thank you, Commissioners, for letting me voice my opinion today. My name is Tom Gardella. I live in Bonita Shores, Collier County, just north of the Wiggins Pass site. I have lived there for 12 years with my wife and four children. I also own two small businesses in the area. I do travel Vanderbilt Drive every day, winter, spring, summer, and fall. I'm there year-round. This is my home. I do care about my Page 202 March 22-23, 2005 community. I plan to be sticking around. I am against the rezone -- residential rezone. I'm not going to get into all the reasons why because they've been stated, but I would like to point out just a couple things I would like to clarify, and I do have a new idea at the end for you, okay? There's a misconception of Vanderbilt Drive. I live off of Vanderbilt Drive. It certainly is not a purely residential street, okay? It has had and still does have many commercial sites along -- long before most of us moved here, and many of the homes in these commercial sites were there before many of the homes were built, okay? From Bonita Beach Road heading south for about the first half mile, Vanderbilt Drive is lined with commercial. We have a bank, office parks, dentist offices, barber shops -- you can't hear me, I'm sorry, okay -- and, of course, the Royal Scoop. I'm sure we've all enjoyed ice cream there. So commercial can be yummy, you know, also. Then we move about another mile and a half south to Wiggins and Vanderbilt Drive. We have a marina, which was this very piece of commercial waterfront property, a marina, that happened to be the very reason many of us moved to the area. It was a commercial area, a commercial piece of property. You also have a public park, county launching facility with a small marine store, a lot across the street zoned commercial, so there is a commercial area right there, and it has always been there since I've lived here. So it is a little bit of a mystery to me why one would invest in a home very close to a commercial section and then complain about this commercial section. It's been there. It didn't just pop up. So by keeping this commercial, you're not adding any commercial, you're just -- you're just keeping what was there. So I just want to establish, there is commercial on Vanderbilt Drive. I Page 203 March 22-23, 2005 drive it every day. There's one thing quickly I'd like to get off my chest, and then I have a suggestion, okay? CHAIRMAN COYLE: You have one minute. MR. GARDELLA: One minute? Okay. Well, here, I'll give you a suggestion, okay. If you decide to rezone this commercial waterfront to residential, I do think about the future, that it won't be long before the residents surrounding this park and boat launching facility will gang up on the county and say that these do not belong there. I would suggest maybe you sell the park and the launch facility to Eco Group and Pelican Isle, okay, take the millions of dollars, create a large boat ramp facility, public slips and a restaurant on the bay side of Barefoot Beach, ask the concerned residents of North Naples' grass-roots organization, because they have graciously welcomed more visitors to the park, and North Bay Civic Association, who has been trying to save all of the county citizens more waterfront access, the task of putting this together, and maybe we could all live happily together if they do something like that. There's a suggestion. Thank you. CHAIRMAN COYLE: Thank you. MR. GARDELLA: Okay. CHAIRMAN COYLE: How many people agree with that? MR. GARDELLA: Just a thought. CHAIRMAN COYLE: Yes, sir. Your name? MR. LEONARD: My name is Tom Leonard. I was asked to speak on behalf of the Barefoot Beach Preserve to the commissioners, and a group of over 400 members whose purpose since 1990 is to work as partners to the county of parks and recreation to preserve, protect, and enhance the natural environment. This might be the one thing you have heard something new. They don't want the money. We regret being unable to attend your important meeting today Page 204 March 22-23, 2005 on the March 22nd, so I wish to make our thoughts and concerns known to you as stated below. Weare most concerned by the line item of the Coconilla developer proposal offering $1 million financing to Collier County for the creation of a boat launching dock in the matter that constitutes the eastern waters of the preserve. Specifically, creating boat access through the mangroves, which are an integral part of the preserve's 342 acres, is not possible without significantly dredging of the shallow waters, which is as little as one to two feet deep. Building a dock of sufficient size and strength to safely handle conditioned use by groups of visitors will further disturb both the preserve's backwaters, specifically, and the North Bay estuary, generally. And three, to allow visitors safe passage from the dock up to the county bathhouse facilities, Friends Learning Center, and access to the Gulf beaches requires a boardwalk approximately 1,000 feet long to further destroy mangroves and the natural environment preserve. These mangroves and backwaters, which comprise approximately 80 percent of the preserve, are the guts of the ecosystem and provide the food chain for the land and sea wildlife that inhabit the North Bay area. To upset this balance is to defeat the whole purpose of the work of your predecessors at both the county and state level, which has visions to acquire the preserve, these lands and waters, in the first place, to keep a few acres out of the hands of further development. Finally, additional visitors arriving by water will further add to the crowds already exceeding capacity limits laid out by any previous land management plan, which you might review. We're currently operating without the benefit of an updated plan. Seasonal traffic has reached a dangerous level affecting not only beach population but impacting the safety and wildlife habitat, especially that of the land tortoise. Page 205 March 22-23, 2005 The final point to remember is that Barefoot is more than a county park. It's a county and state preserve, one of the last along the coast, and should be kept as such for the public enjoyment; therefore, if you're not going to go with the hotel, which the million dollars is not offered and you do go with the residential, which the million dollars is offered, Barefoot Beach Preserve Association is against that. CHAIRMAN COYLE: Thank you. MS. FILSON: I didn't have a speaker slip for him, Mr. Chairman. CHAIRMAN COYLE: Okay. Was he sworn in? Sir? MR. LEONARD: Yes. CHAIRMAN COYLE: Can we swear him in after the fact? COMMISSIONER HENNING: Just don't take that into consideration. CHAIRMAN COYLE: Okay, okay. Instruct the jury to disregard that testimony. MR. MUDD: That was the last speaker. CHAIRMAN COYLE: I think that was the last speaker. MS. FILSON: The one before that was the last speaker. CHAIRMAN COYLE: You have a very, very brief rebuttal, and I have told the attorney that -- who spoke earlier that if you brought up any new information that he would have a chance to rebut it. MR. YOV ANOVICH: Okay. CHAIRMAN COYLE: Okay. MR. YOV ANOVICH: I don't intend to bring up any new information. CHAIRMAN COYLE: Well, that's consistent with everything else we've heard today. (Applause.) MR. YOV ANOVICH: Unfortunately -- unfortunately I had to create the record. I do just want to quickly speak to a couple of issues, and then Page 206 March 22-23,2005 we'll move on. I want to point out that, first of all, your EAC recommended approval of both projects. So from an environmental standpoint, your EAC is on board with either alternative you choose, or if you choose neither. We need to make it clear, and a lot of the speakers have said, the marina's gone, the 450 dry slips, they're gone, the 52, quote, public -- and we don't agree they're public -- wet slips, they're gone. I don't know what public water access is left for the community if we go to straight -- stay with the straight C-4 zoning. If we do some type of a shopping center like the Venetian Village, the only public access is going to be to look at it, to look at the water. You're not going to use the water if you stay with straight C-4. The residential alternative provides the most public access to the water. I mean the use of the water when I say that. We have agreed to convey property to the county that will enable the county to increase boat parking, trailer parking up to 29 spaces, and regular car parking up to 20 spaces. We've agreed to donate a million dollars to buy boat trailer parking for people to actually get the use of the water. We've agreed to allow -- donate a million dollars for beach access. If the county decides they don't want to do the dock to Barefoot Beach, they can use the million dollars for beach access however the county sees fit. I think what's interesting, in all the testimony -- you heard a couple of times the threats that they're going to sue you if you approve this, which is fine. You know, your county attorney has already told you that you can approve up to 16 units per acre, and that's legally defensible, and you know, we'll be involved in that lawsuit, too, if that happens. There wasn't one public speaker that addressed any of the substantive issues relating to a rezone. There was no testimony, lay or otherwise, that contradicted your staff report, that contradicted our experts. The competent substantial evidence supports either of the Page 207 March 22-23, 2005 two petitions. Obviously you've heard the people speak that they prefer the residential. You have not heard anybody give any contradictory testimony, that's an expert or otherwise, regarding the issues you're supposed to be looking at when you have a rezone petition and a conditional use petition. I wanted to briefly point to a couple of things that Mr. Humiston said in our testimony about the mangrove issue. We would like that removed from the staff report regarding the mangroves. They're not part of the flushing needed for the marina, so we would like that -- if there's a motion to approve the residential, we would like that taken out. We would also like the draft restriction taken out because there is no draft restriction. That's a design criteria. And if you're going to impose that restriction on us, make sure you impose it on everybody else who uses that pass. So if anybody else has more than a three-foot draft, they can't use the pass either. COMMISSIONER HALAS: Exactly. MR. YOV ANOVICH: We don't think that that is in the manatee management plan, but we suggest that you go with the design and you follow what the Corps of Engineers said. There is no draft restriction. The -- what we need to get to is on the destination resort hotel. We have a very big issue on the destination resort hotel. If we're not -- if you all don't determine that we are a destination resort hotel, we're not interested in that petition being considered because we can't make a go of it as a regular hotel. We don't want a conditional use for a regular hotel. That's not what we applied for. We applied for a destination resort hotel. We believe we meet the definition. The operative language, and this is -- the operative language is the language that says in all cases you need to have the following, and that's the 25 percent requirement. That's the only time that that shows Page 208 March 22-23, 2005 up as a requirement in the definition of destination resort hotel. Also, Susan Murray presented this item to you and to the Planning Commission when there was the discussion of the definition of destination resort hotel, and not one time did she mention a golf course was required. She only mentioned that you've got to meet the 25 percent requirement. She never mentioned that -- in the definition of destination resort hotel that you had to have a golf course. So we don't agree with that, and if you do decide we need to have a golf course, I think it's clear that there is no definition of golf course in your land development code, therefore a miniature golf course would qualify, and we would respectfully request if the board is inclined to go forward with the conditional use, that you make a determination for us that, yes, that meets the definition or, no, we don't, because, again, we're not interested in a conditional use for something we didn't apply for. Again, on that petition, we would also like the mangrove requirement removed and the draft restrictions removed. I think I've hit all the highlights about what we need to -- wanted to address in the rebuttal. With that, I don't think I brought up anything new, and we would request that you vote in favor of the residential PUD. CHAIRMAN COYLE: The opposing counsel believes you did bring up something new. I'm going to ask him to tell us what it was. MR. HYDE: Take about 30 seconds. Counsel has just suggested to you -- William Hyde on behalf of the North Bay Civic Association, Inc. Counsel just suggested to you that there's no competent substantial evidence to support our position. I would submit to you the mere fact that this area is, without dispute in the record, located within a coastal high hazard area and that your own comprehensive plan limits density in a coastal high hazard area for residential uses to four units per acre is more than sufficient, competent, substantial Page 209 March 22-23, 2005 evidence for you to deny the residential rezoning petition. CHAIRMAN COYLE: Thank you. Now, the -- Commissioners, is there any reason to keep the public hearing open? Is there anything that you need from the public or from the staff or the petitioner at this point in time? COMMISSIONER HALAS: I may have some questions for the county attorney as we go on. CHAIRMAN COYLE: We can deal with that. Okay. Then I'm going to close the public hearing. Yes, and you have -- the staff has an opportunity for rebuttal also, and what I am very, very interested in hearing, and I'm interested in hearing not only from you but Mr. Weeks and from the county attorney about whether the growth management plan does bind the hands of the Collier County Commissioners with respect to density in the high hazard area. I want a clear answer, yes or no. And if we have flexibility, I want you to tell us that. Yes or no, okay? So you're on. MR. BOSI: Chairman Coyle, I will defer to David Weeks on that. I would like to say that Susan Mason would like the opportunity to clarify her position in terms of the drafting in the mangroves, which was an issue that the applicant has taken exception to the staff recommendation at the end, if the board would care to. CHAIRMAN COYLE: Well, we might get to that when we start deciding on a motion. If the motion is to disapprove, who cares. Okay, David. MR. WEEKS: For the record, again, David Weeks of your comprehensive planning staff. It is staffs position that you are not limited to four units per acre of density in the coastal high hazard area, that you have the flexibility, the discretion, as to what density, if any, you want to approve. CHAIRMAN COYLE: And you also said in your earlier testimony that DCA has no problem with us making those Page 210 March 22-23, 2005 determinations. What does that really mean? MR. WEEKS: I didn't state that, but they have, in fact, said that. The issue had been raised in the past that the property being in the coastal high hazard area should be limited in its density, and some persons had actually contacted DCA and asked for them to weigh in on this matter. Our plan, comprehensive plan, was adopted in 1989. It contained the language that we're dealing with today. It contained a density rating system that allows density bonuses within the coastal high hazard area, limited bonuses. DCA found that comprehensive plan to be in compliance with state statutes, therefore, the plan is in effect and that we're using it to make decisions such as you're about to today. CHAIRMAN COYLE: Okay. And David -- sir, you're not recognized, okay? You're not recognized. You've had your say. The public hearing is closed. David, what's your take on this? MR. WEIGEL: Thank you. I stated earlier at this hearing, and I'll state again, that Mr. Weeks is correct in that the -- applying a review of all of the elements of the growth management plan, the coastal management aspect, the capital improvement element, and the FLUE, we find that, yes, the language is not as clear as is it should be because they don't work well together, but the FLUE, the future land use element, is the controlling aspect, and it would indicate, I would opine, that the board has the flexibility to go from zero -- that is, they don't have to grant any density -- to 16. And I might add to the -- to this answer the fact that that would be a consistent application of the staff over a period of many years and a consistent application of the board over many years to the extent that it has the prerogative and has exercised that prerogative with the same provisions of our growth management plan and I dare say I expect some of the -- some of the projects that are located even nearer to this Page 211 March 22-23,2005 subj ect property. Now, if it had the same applications of -- and interpretation of the growth management plan applied -- because they're higher than four units as well. CHAIRMAN COYLE: Okay. I finished my comment on this, but Commissioner Fiala had asked to speak first. She punched her button first. So Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. We all know this is really tough for us. What I'd really like to see is a public marina and a public boat launch and public boat slips and fuel, public fuel and ship store, but really that isn't on the table today. That would be the -- that would be the dream of everybody, have every -- but that isn't -- that isn't what it's all about today. Today it's all about density. It's all about density, and we to be careful of what kind of a precedent we set. And I've been trying to think of what would be the best thing that we could do. I want to tell you, I would never want a hotel built by me. I wouldn't want -- I wouldn't want the music all night long, I wouldn't want to -- you know, here I'm buying in a residential community and all of a sudden, I've got a hotel coming with delivery trucks and so forth. I wouldn't want to have that happen to me. I wouldn't want to do that to anybody else. But how can we work this out so everybody has to give a little bit but so everybody wins? And I'm just throwing this out on the table right now for consideration. And I say, possibly, because of the coastal high hazard area, we want to keep -- we want to set a precedent. How about if make this hotel -- not a hotel. I'm sorry -- this residential unit a four-unit per acre absolutely gorgeous residential tower, but at 75 feet, then we've accomplished everything we want to do. I don't think it should be commercial. I realize it's zoned commercial. I haven't been able to determine yet how much traffic Page 212 March 22-23, 2005 that would generate. But I'm here to tell you, even if it was just 130 rooms, which is a lot more than the original proposed 95 rooms, then you also have, in a hotel setting, you also have all of the employees coming and going every day. The traffic generated from a hotel versus a residential facility is just horrendous; food deliveries, all of the noise, so -- but I would like to see us stick to the coastal high hazard area as well. So I'm just offering that on the table to see if anybody wants to chew on it a little bit. CHAIRMAN COYLE: Commissioner Halas, were you next? COMMISSIONER HALAS: Yes. I have some problems. I'm not a lawyer. I wish I was in this case. But as I look over and look at the three main elements that tie into the density issue, I start off, and I look, and I see the capital improvement element, which is 1.3.2. And it says basically, the FLUE limits new residential development to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. Then I look down, and I look into the -- what is known as the conservation coastal management element, and it's 12.1.2 of -- and it says, land use amendments in a category one hurricane vulnerability zone shall only be considered if such increases in density provide appropriate mitigation to reduce impacts of hurricane evacuation time. When I look down even farther and I look into the conservation coastal management element, 12.2.2, it says again, the FLUE limits new residential units of a maximum of four dwelling units per gross acre within the coastal high hazard area. I also have some concerns -- and it was brought up briefly -- in that we've got all of this noise from commercial, we may have somebody shouting or whatever, and that leads me to believe that we may have some problems in the near future as this piece of property is built, if we decide today to go residential, whereby there will be many vehicles backing up with trailers making noise at six o'clock in the Page 213 March 22-23, 2005 morning, because a lot of people like to go out fishing. And the next thing I think we're going to see is where some residents will come in here and say that we need to limit the hours or limit what's going on there, and I have some really (sic) concerns. It's like, not in my back yard. The other things, when we limit this to residential as was brought out, there will be no access to that basin because those units will be specifically dedicated to the people who buy into that community. Then it leads me on to another setting of this -- and I don't mean to go on -- but in the course of the -- the person that was representing the developer, said, we're going to give you $2 million. And I asked, were you going to give us something if it's zoned commercial? Because with commercial I think they said that there would be a possibility of maybe a couple of charter boats there and maybe one or two transient slips. And the answer was no. And I have very strong concerns about that. I have strong ethics. I think this is -- borders on contract zoning. We'll give you money for this but we're not going to give you money for that. I have some very deep concerns in regards to this. I will give you 29 boat slips or 29 additional trailer units for this $2 million basically. And as we heard, we may be infringing in regards to access onto a state preserve whereby we are the people who oversee this preserve whereby we are the people who oversee this facility. We're the protectors of that preserve. And luckily the State of Florida allows us to use this as an area for beach access. The other concerns I have is when I look at this in looking for additional density -- I live in District 2, and I live on the coast -- and there's many, many residents that I represent. In fact, not only do I represent the residents in District 2, but my vote here on this commission is for all of the citizens of Collier County. And I really can't see where it's a real big benefit for the county to zone this residential when I see that we have 312,000 individuals Page 214 March 22-23, 2005 that are residents here in Collier County, not only the 60,000 that are in District 2. So I -- Commissioners, I cannot go with the zoning and residential. If you so desire, then I say we limit the density to four units per acre and we do not get involved in the vessel draft because another concern is, this is considered outstanding Florida waters, and I don't believe that we have the ability to change the draft in that area because there is an inlet coastal management program, and I think that should be for another day. CHAIRMAN COYLE: Okay. Thank you very much, Commissioner Halas. Commissioner Henning? COMMISSIONER HENNING: You know, there are some people here that are opposed to commercial. I want to let you know that I live across the street from commercial, and I love it. It's a commercial activity center, and it's very convenient for me. But this is not a commercial activity center. It is a nonconforming commercial, and that's why they have the opportunity to ask for -- again, ask for, the increased density. While I was up here, I was searching the PUD list that the county has generated in that area. I just was curious to know the density. And there are a lot of PUDs surrounding this that has higher density, and it's been rezoned since the growth management plan was enacted in 1989, like David Weigel said. So if we've been doing it wrong, we've been doing it wrong for a long time. And if we are wrong, then some of you here are over four units per acre, but I know none of you here generated over four units per acre, so it must be your neighbor, either to your left or right or up above or down below. And I'm sure not going to tell them that they don't belong there because somebody screwed up, because I don't think we screwed up. But if you really feel that they screwed up, maybe you ought to Page 215 March 22-23,2005 have your lawyer tell them, your neighbor, that the county screwed up, and they need to move out. You know, I can't -- this issue of density in this area, the biggest complainer is a person who lives in the highest density on the coast, and I just can't understand that. You know, I know that our staff is applying the growth management plan correctly. There's no question about it. And I hope that if it's ever challenged, that we defend it. The PUD is a negotiated land use. We -- and we do it every day, and not one of us up here don't do it, is we ask for concessions. And there's nothing different in this one that there are concessions on the table. And, you know, the thing is, it's not going to stay a marina. And our growth management plan says it's a nonconforming commercial. So we have said to the public that we encourage it to go to residential. And if the motion is to keep the four units per acre, then I think we need to ask the petitioner if he's okay with that. I don't see that as part of the application. So -- and, again, it's -- I think it's a -- it's something that has to be agreed on by the petitioner because that isn't what's being asked. COMMISSIONER FIALA: That's true. CHAIRMAN COYLE: Commissioner Halas, please. COMMISSIONER HALAS: As I look through, I asked -- this is one of the requests that I had by the staff to present. Give you some ideas. Lely Barefoot Beach condo has a gross density of 5.46; Lely Barefoot is 2.25 units per acre; Little Hickory Bay, 4.54; Audubon Country Club is .95; Glen Eden on the Bay, which is a fairly new PUD, is 2.1; Cocohatchee Bay, which hasn't even been built yet is 1.1. So I think that some of the commissioners that may have been -- may have been on this board before I was, they looked at this very carefully. Wiggins Bay is four units per acre. And we go down even to -- see if I can find it here. We go down to a lot -- some other ones here. The Dunes is 3.39 units per acre. So I think that if somebody decides that they're going Page 216 March 22-23, 2005 to -- Pelican Bay is 4.29, and we know the density in there with the amount of acres. So I really think that we've set the precedence for four units per acre or less. But I think that for the aspect of all of our citizens, commercial here -- has been here for a long period of time. In fact, this marina property, and we all know it, may never be a marina again, but it was commercial, and it was operating up till a couple of years ago. And at that time nobody had any problems with it. It was -- it seemed to blend in with the neighborhood, a lot of the people around there. Now all of a sudden it's closed and now it's the big problem, and it's because it's been closed. And I believe that the petitioner also, his representative, paid dearly to keep that marina closed. I heard as high as $75,000 a month to close it and to have all the boats vacated out of there, and it's been closed this period of time. So that's some other information I need -- think needs to be there. I'd like to make a motion that it remain commercial. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas. And it apparently dies for lack of a second. COMMISSIONER FIALA: Could we hear from the petitioner? CHAIRMAN COYLE: If you have a specific question of the petitioner, go ahead and ask it. COMMISSIONER FIALA: See if possibly four units per acre would work on there. MR. YOV ANOVICH: Commissioner Fiala, I guess -- for the record, Rich Y ovanovich -- from a dollars and cents standpoint, if we go down to four units per acre, the property's more valuable as straight commercial. So you would -- bringing us down to four units per acre is leaving it commercial, and that's not in the community's best interest. Page 217 March 22-23,2005 I don't think anybody really wants it to stay commercial. I know -- during the discussions we sharpened the pencils, you know, figuring out what's the bottom line number that we can live with, trying to -- as you said, maybe we could work some kind of a compromIse. And we've got to get to 85 units, which is e.ight and a half, so that's giving up 10 units to come down on the residential. I, mean that's as far as we can go; otherwise, we're -- the commercial is where we're going to have to be, and I don't think anybody testified that they really wanted commercial. So I hope, Commissioner Fiala, that's enough, keeping in mind that residentials already the least amount of traffic generation there is out there, but that can hopefully be enough to get us to a number that the commission can support. COMMISSIONER FIALA: That's been my real problem with the traffic generated. And I was saying to one of the traffic people during the break, what I'm having a real tough time with is you can't compare apples to apples. You have four units per acre in a coastal high hazard area, but it doesn't say anything about commercial or -- whether it be a shopping area or hotels. And as we all know, hotels are going to generate a lot more traffic, and continuous different traffic all the time, including things like employees and delivery trucks and so forth. And then you've got the noise that also comes from something like that because they have to have entertainment and they have the bars and so forth and lounges and so forth, and I truly worry about what that's going to do to a neighborhood, quite frankly. MR. YOV ANOVICH: And I think destination retail, which is the alternative that we would have if the hotel's not approved, will do the same thing. It would be even more traffic. That's 7,300 trips per day. COMMISSIONER FIALA: Well, it shows us right here how Page 218 March 22-23,2005 much traffic is actually generated. MR. YOV ANOVICH: Right. CHAIRMAN COYLE: You want to speak now? I'd like to say something -- COMMISSIONER COLETTA: You go ahead. You speak. CHAIRMAN COYLE: -- sometime. COMMISSIONER COLETTA: You're the chair. You speak firs t. CHAIRMAN COYLE: I'd like to address a couple of issues, and one is sort of a personal issue. If the land development code and the growth management plan were so clear that it didn't require interpretation, there would be no reason for us to exist. There would be no reason to have a quasijudicial hearing for us to weigh evidence and try to reach a decision. For someone to suggest that their interpretation of the growth management plan is the only interpretation that can possibly be made, in my opinion, is not only arrogant, but insulting. We ask you to come here and tell us how you feel for a reason, because we like to understand what is best for the community. And let me read to you the rezone criteria that we have as a guideline here. We have to take into consideration the existing land use pattern. Is there any significance to the fact that the land use pattern has recently been mostly residential? Yeah. We have to take a look at that. The possible creation or allowing to exist an isolated district unrelated to adjacent or nearby districts, commercial in the midst of neighborhoods. You know, we can go down this long list of things and try to decide what we should do, but I think the issue really is one that must be made between residential and commercial, because I -- it's not time yet, but I quite frankly cannot see how you can justify a destination resort hotel, just don't see it happening. Page 219 March 22-23,2005 But with respect to the residential, I think we have to take into consideration the neighborhood itself and how our decision is going to impact the neighborhood. It is the least -- it has the least traffic impact on the neighborhood. We've heard from staff tell us that we have the right to make the decision, and our county attorney has advised us we have the right to make the decision. So the increased density of 180 people maybe, or 80 units -- it could be 160 people now -- is a non-issue. Ifwe balked every time something happened that created 160 more people in Collier County, then I'm not sure we're -- we'd be evaluating the overall county requirements very clearly. But I would like to try to find a compromise that worked. It's going to take four commissioners to get this approved. And my only interest in even bringing that up is the fact that we have a lot of people who've said they would like to have residential here. So in the interest of trying to satisfy the people who are most directly affected, the people who see it every day, then I am inclined to support the residential. But it makes no difference if there are not sufficient votes on this commission to -- for it to be approved, and so I have opposition coming up immediately from Commissioner Halas. COMMISSIONER FIALA: Coletta's first. CHAIRMAN COYLE: Oh, Commissioner Coletta. COMMISSIONER HALAS: Commissioner Coletta's first. COMMISSIONER COLETTA: You sure now? I don't want to get out of turn. I don't know if you've noticed it, but we're really wrestling with something that's extremely difficult here. The reason being is that one of our commissioners is very passionately in one direction, and the rest of us are leaning the other way. It's his passion and everything that's causing us to bring this issue up over and over again. We think he's done an excellent job in his Page 220 March 22-23,2005 district. We love everything he's done. He's been a tremendous commissioner not only for his district, but throughout all of Collier County . So here we sit, five commissioners up here. Four of them pretty sure that they don't want commercial. They're not too sure about residential to a point, although we haven't got to the point we actually exercised that. We really don't know how the other four commissioners feel, but we do know how Commissioner Halas feels. There's no doubt about that. We could keep playing this little -- not game. We could keep this going for some time back and forth, back and forth, meanwhile the clock is going on, 5:37, moving towards 6:00, and I seen these types of things carry on for a half an hour, 40 minutes, before we get to the point where somebody says, I'd like to make a motion, and that motion's made, and then the discussion ensues from there, and we come to a final decision on it. I hate to be the motion maker, because I sit right next to Commissioner Halas, you know. The only advantage is that this desk does have a petition underneath it so he can't kick me too hard. But in light of that -- and it's not light, and it's not easy to do, for discussion purposes, I'm going to make a motion for approval. COMMISSIONER HALAS: Of what? COMMISSIONER COLETTA: Of the staff recommendations for this to be a residential facility. COMMISSIONER FIALA: At how many units? COMMISSIONER HALAS: At four units per acre. COMMISSIONER COLETTA: No, I didn't say that. I don't think that four units per acre would be an acceptable amount by staff. But if I don't get a second, then that will end that and the discussion will have to go in a different direction. CHAIRMAN COYLE: They agreed to reduce it to eight, I believe. Page 221 March 22-23, 2005 COMMISSIONER COLETTA: Is that correct? MR. YOV ANOVICH: Did you say -- I'm sorry. Did you ask if it was 85 units? COMMISSIONER COLETTA: This is the amount you agreed to reduce it to? MR. YOV ANOVICH: Yes. We have agreed to the 85 units versus the 95 we asked for. COMMISSIONER COLETTA: Yeah, 85 units. To reduce it to 85 units, and that's the motion that I make, and we'll see where it goes from there to start with. COMMISSIONER HALAS: Can I just enter something before we have a second, if I may? CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: I don't know. COMMISSIONER FIALA: I'll second it for the sake of discussion. CHAIRMAN COYLE: Okay. Commissioner Halas, question, discussion. COMMISSIONER COLETTA: Well, wait. Maybe we misunderstood something. COMMISSIONER HALAS: I just want to interject a couple of things, then I'll be quiet. I'm concerned about when we rezone a piece of property because it acts -- to me, I think we have a reason for denial where it would grant special privilege to an individual owner as a contrast to the public welfare, and I mean that sincerely. Now, if we're going to go ahead and move forward on this as far as -- if you still feel that -- and obviously you feel strongly about that because we've tried to say that we wanted to keep it residential ( sic) and the motion failed. I just want to let people know that also this -- the area around this property is zoned residential tourist. It's residential tourist, so that means that you can put a motel or a hotel in there because it fits that Page 222 March 22-23, 2005 criteria. That's what's in that general area. I have a problem for addressing and sitting here and asking the petitioner what is it going to take to -- for him to make money on this property . I think it's fairly clear that it says four units per acre in all the three items that I brought up here, and we'll see where it goes from there. But I cannot see giving a density bonus of this high when I look at the other areas that were -- that were PUDs, recently been approved in this area, for that kind of density. Four units per acre. CHAIRMAN COYLE: Okay. We have the motion on the floor, Commissioner Coletta, the motion maker, Commissioner Fiala seconded. You still with it or you still -- COMMISSIONER FIALA: I would prefer to have the density reduced a little bit more just because I feel that we do need to set a precedent here. I think we have to -- we've always cared about what the residents feel, and as I said, if I were living right there, I would hate it if somebody put a hotel next to me when I was never aware that it was going to come in and all of the noise that could be generated. I wouldn't want anybody to do that to me, so I wouldn't want to do that to these people. I would love to see this density reduced a little bit more. I know that you're having a problem with that, and so am I. You know, I'm just torn. I want to vote for the people who are living right there, and yet I want to stay as close to our growth management plan as we can. I realize we're allowed to grant 16 units. I don't feel we should in a coastal high hazard area. I've seen us do it time and time and time again in other areas where we've given extra density because of this, that, or the other. I've always complained about that, and that's why I felt if we could just reduce it just a little bit more so that then we can Page 223 March 22-23, 2005 -- we can feel that we've kept as close to the -- as close to the growth management plan as we could, and yet we've also taken the neighbors into consideration. COMMISSIONER HALAS: We have to vote by the laws, and we can't just vote by emotion. COMMISSIONER FIALA: But the law says that, you know, they have a right to ask for this density. COMMISSIONER HALAS: Well-- COMMISSIONER FIALA: And I don't want to bring up things that we've done in the past. I'm going to just focus on this. I just feel that we have to think as -- you know, it's a coastal high hazard area, I understand that. One good thing is that it's residential, and most of the people, as we've heard from these people all day, most of them don't stay here during hurricane season anyway. I think it's a lot easier-- COMMISSIONER HALAS: I have a huge -- COMMISSIONER FIALA: I think it's a lot easier than having a business or, you know, businesses there because then they're there all year-round, and so I do not go for the commercial at all. CHAIRMAN COYLE: Well, the -- the only choice, I believe, is either residential or commercial, that's it. COMMISSIONER FIALA: Well, there's always no to both. COMMISSIONER COLETTA: To both. CHAIRMAN COYLE: Well, that means it goes commercial, because if you say no to everything, it stays commercial __ COMMISSIONER FIALA: Right. COMMISSIONER COLETTA: That's true. CHAIRMAN COYLE: -- and then it becomes something else. Now, that's okay if that's the will of the majority. I'm not going to get involved in fighting for the petitioner's plan. I would only say to you that -- that I believe that the strategy is __ by the people who oppose this, the strategy is to make sure nothing happens with this until such time as somebody, perhaps, some day, Page 224 March 22-23, 2005 comes by and proposes something that is appealing to them. And as we have said many times here, hope is not a plan, and that gets you into a lot of trouble. You get backed into a corner. Right now as a commercial parcel, they can do certain things on that commercial parcel without even coming back to us and asking for our opinion. And let's suppose that is not a good thing. Let's suppose they just -- the owner gets frustrated, the owner says, okay, I'm going to go sell this thing to anybody who's going to buy it, build a commercial facility, do it at the least cost possible, since he'll make money on it -- COMMISSIONER FIALA: Be careful, you might get what you ask for; is that what you're saying? CHAIRMAN COYLE: That's right. That's essentially what I'm saying, because if the price of the land is too high, then whoever invests in it to develop a shopping center or some other commercial enterprise is not likely to spend all that much more money on it, because, you know, what's the return? So we must find ourselves in a position where if we wait and hope that something good happens, it might not be good that happens. It might be bad that happens, and we will have lost all control over what happens here. So the -- the real issue is between residential and commercial, not hotel. The real issue is residential or commercial, leave it the way it IS. COMMISSIONER FIALA: As Commissioner Coletta said though, it looks like four of us are going toward residential anyway. Now, I think if we -- CHAIRMAN COYLE: Well, I might not. COMMISSIONER FIALA: Yeah. I think if we had -- if we split that 16 and a half and we have eight, it's still double of what is allowed in the area, yet it's half of what could be. And like you stated earlier -- and it was a really good point. We're only talking about 80 Page 225 March 22-23, 2005 units here, for goodness sake, you know, if that's it. It's not like we're talking about 800 or 500. It's 80 units. And of those 80 units, there will probably be only 20 of them that stay in town year-round. So if Commissioner Coletta would reduce it to 80 units I would second that motion. COMMISSIONER COLETTA: I have to ask the petitioner the question. Where are we? MR. YOV ANOVICH: At 80, 80, okay. COMMISSIONER COLETTA: Okay. The only thing is, my motion only stands if all the amenities which was referred to as blackmail, which it isn't, are still on the table and being offered. MR. YOV ANOVICH: That is, and we need to -- you need to allow us to properly amenitize our project now that we've lost some uni ts. COMMISSIONER HALAS: And the height of it is down to 75 feet. MR. YOV ANOVICH: No. No, it is not. The height stays right where it is because we're -- COMMISSIONER HALAS: A hundred forty-four feet? MR. YOV ANOVICH: We're going to -- it's at 120 feet zoned height. COMMISSIONER HALAS: Well, the -- MR. YOV ANOVICH: Remember the truth in advertising -- COMMISSIONER HALAS: The truth in advertising is 144. If you drop the units from 95, why would the building still remain the same? MR. YOV ANOVICH: Because we want to properly amenitize this because now we have less units, okay? COMMISSIONER FIALA: Right. MR. YOV ANOVICH: And we need that. COMMISSIONER FIALA: And Commissioner Halas, you know -- Page 226 March 22-23, 2005 CHAIRMAN COYLE: You could use that room for a golf course. MR. YOV ANOVICH: Indoor. That hurt. COMMISSIONER COLETTA: I still-- I didn't hear -- maybe I'm not listening, but I still didn't hear a definitive answer. All the amenities -- MR. YOV ANOVICH: Everything else is included. Everything else. COMMISSIONER COLETTA: Okay. I amend my motion. MR. YOV ANOVICH: Eighty units at the height we're asking for, and all of the other -- COMMISSIONER FIALA: Eighty units. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Is there a second on that motion? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Yes. There is a second. COMMISSIONER HENNING: What's the issue with drafting on the water? I mean, Commissioner Halas is agreeable to that, and-- MR. YOV ANOVICH: They're taking it out, correct? COMMISSIONER HENNING: Right. MR. YOV ANOVICH: The restriction is out. We agree. COMMISSIONER HENNING: Is that a part of that? CHAIRMAN COYLE: I think you're saying it should be consistent with the manatee protection plan. MR. YOV ANOVICH: That's what -- CHAIRMAN COYLE: Is that right? MR. YOV ANOVICH: Yes. COMMISSIONER HENNING: What's the issue? What's the issue with the mangroves? MR. YOV ANOVICH: The mangroves really is an issue that -- can I let Ken talk to you? He can explain it to you? Ken? Page 227 March 22-23, 2005 COMMISSIONER HENNING: We're just about there. MR. YOV ANOVICH: All it means is when we did the original plan for the 158 units, that included a flushing unit. We have a much smaller marina now, so there is no need for the flushing. That's a requirement that's not part of our new size marina, so we don't know why staff is imposing on us to construct mangroves when nobody else is requiring that we construct mangroves. COMMISSIONER HENNING: Okay. MR. YOV ANOVICH: That's the issue. COMMISSIONER HENNING: Is that a part of the motion, to-- CHAIRMAN COYLE: Commissioner Coletta? The mangrove issue, was that part of the motion? COMMISSIONER COLETTA: Yeah, that's part of the motion. CHAIRMAN COYLE: Remove it, because they're dealing with a smaller flushing area. COMMISSIONER COLETTA: That's part of the motion. CHAIRMAN COYLE: Okay. Commissioner Halas, were you -- had you finished or did you want to say something? COMMISSIONER COLETTA: No, the second. COMMISSIONER FIALA: That's part of my second. CHAIRMAN COYLE: No, we got a second. Commissioner Halas? COMMISSIONER HALAS: We're not dealing with the depth either. That's out of the question; is that correct? This is outstanding Florida waterways? CHAIRMAN COYLE: But you will be required to adhere to the manatee protection plan, right? MR. YOVANOVICH: Yes. CHAIRMAN COYLE: Okay. Now I've got some other -- other issues I want to deal with. I-- COMMISSIONER HALAS: I want to say -- I'm sorry, I'm sorry. CHAIRMAN COYLE: Go ahead. Page 228 March 22-23, 2005 COMMISSIONER HALAS: I think that -- overall I think the citizens in Collier County are going to lose in the long run. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I think -- and I feel very strongly with that. I don't care where it stands, how -- which way this goes, but I can tell you that I'm not for anything over four units per acre, and when we rezone this, we lose all possibility, ever, forever, of ever having anybody use this as a way to get to the waterways, and this is an outstanding -- (Applause.). COMMISSIONER HALAS: -- this pass is a direct access to the Gulf. Do you understand that? And you're only going to limit it to this little handful of extra parking spots, and that's going to be it? That's all I have to stay. CHAIRMAN COYLE: Okay. Now, I have some other concerns. Yes, please. I found that -- the requirements specified by staff pertaining to the eagle protection plan to be very vague. Now, I understand that you're going to monitor the eagles for activity to determine if there is -- there is unusual disturbance or erratic behavior, but it really doesn't tell me what you're going to do about it. It doesn't -- I found nothing very specific about what action would be taken under those circumstances. And what I want to get is some fairly clear statement of intent with respect to how you're going to do the construction and minimize the impact upon the eagle. MR. YOV ANOVICH: Okay. And I'll let Andy jump in if I leave anything out. But right now we're required to basically start on the north and work our way south, is one of the stipulations. Another one is we've agreed to pad the dump trucks to stop the noise. We've agreed to educate, prior to doing any construction, educate the construction workers as to eagles and their concerns. We've agreed that if there's -- if there's a problem with the eagle, that we'll Page 229 March 22-23, 2005 stop construction and we won't recommence until we address the eagles with the -- the issues with the eagle. CHAIRMAN COYLE: And that's in the primary and the secondary zone? MR. YOV ANOVICH: We're only in the secondary zone. We're not in the primary zone. CHAIRMAN COYLE: In the secondary. MR. YOV ANOVICH: Okay. And then the second -- yeah. So we're not in the primary zone. We're in the secondary zone. So we have -- we have agreed to a lot of restrictions and -- on how we go about our construction, and I think I've hit the highlights of about all of them. CHAIRMAN COYLE: And you had a camera to monitor the activity. MR. YOV ANOVICH: And the -- the camera, we talked about it earlier so everybody's protected as to what is -- is or is not going on with the eagle. CHAIRMAN COYLE: Who is going to make a determination by viewing the film or that camera that the bird is acting erratically as a result of your construction? MR. YOV ANOVICH: There is a monitor that has to be retained, and the monitor has to be from -- we will -- we're going to consult with the Collier County chapter of the Audubon Society regarding the choice of the monitor. So that monitor will not work for us. It will be independent and it will address those issues. CHAIRMAN COYLE: And refresh my memory about the requirement in the secondary zone with respect to stopping work during nesting season. MR. YOV ANOVICH: Actually, there is no requirement that we stop work during the nesting season in the secondary zone. CHAIRMAN COYLE: But you will do that if -- MR. YOV ANOVICH: If there are eagle issues, yes. Page 230 March 22-23, 2005 CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I've just got one question for Joe Schmitt. Did we ever assess any fines for the person who cut down the tree that was in the marina there that was used by the eagle for a perch? CHAIRMAN COYLE: It was Rich Yovanovich. MR. SCHMITT: For the record, Joe Schmitt, Administrator of Community Development/Environmental Services. Commissioner, no. Never found out who actually cut the tree down, and-- COMMISSIONER HALAS: Amazing. MR. SCHMITT: And we had an investigation, U.S. Fish and Wildlife was involved as well, but it was never determined who actually removed the tree. COMMISSIONER HALAS: It just happened to disappear one day and that was it. Amazing. CHAIRMAN COYLE: Okay. Any further questions, Commissioners? (No response.) CHAIRMAN COYLE: Okay. I'm going to call the question. We have a motion on the floor by Commissioner Coletta and seconded by Commissioner Fiala to approve the residential petition with certain stipulations with respect to no more than 80 units, and also certain stipulations with respect to eagle protection, removing any requirements pertaining to mangroves, mangrove issues, and requiring you to adhere to the mangrove -- manatee protection plan with respect to water damage. Did I cover them all? MR. MUDD: Yes, sir, plus they had -- COMMISSIONER COLETTA: You did wonderful. MR. MUDD: Plus they had some other things as far as -- there were 29 trailer parking spaces, 21 car-- CHAIRMAN COYLE: All those things that are in the staffs Page 231 March 22-23, 2005 recommendation. MR. MUDD: -- the million dollars, all that. CHAIRMAN COYLE: All right. All of those in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All those opposed, signify by saying no. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: It carried 4-1. Commissioner Halas is in opposition. (Applause.) COMMISSIONER HALAS: I just hope that when we -- we don't have to have this on our conscience for the safety, health, and welfare. MR. YOV ANOVICH: Commissioner, at this point there's no -- we're just going to ask that you continue the discussion on the destination resort hotel because there's -- at this point, they're inconsistent, and we've already been notified that they're probably going to challenge this, and we'd just as soon deal with that appeal issue before we address the hotel issue. COMMISSIONER HALAS: Well, it's over with. MR. YOV ANOVICH: It depends if they appeal, Commissioner Halas. CHAIRMAN COYLE: Let me tell you something. I really don't want to see this thing come back. (Applause.) MR. YOV ANOVICH: That's not my call. CHAIRMAN COYLE: I don't ever want to see you again. MR. YOV ANOVICH: On this petition, right? CHAIRMAN COYLE: Why can't we make a decision on this Page 232 March 22-23, 2005 other item today? Item #7B PETITION CU-2004-AR-6625 ECOVENTURE WIGGINS PASS, LTD., REPRESENTED BY ROBERT J. MULHERE, AICP, OF RWA CONSULTING, INC., AND RICHARD D. YOVANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN & JOHNSON, REQUESTING A CONDITIONAL USE OF THE C-4 ZONING DISTRICT FOR A HOTEL & SPA PER CHAPTER 2.04.03 OF THE LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY, CONSISTING OF 10.45 ACRES, IS LOCATED AT 13635 VANDERBILT DRIVE, COLLIER COUNTY, FLORIDA - MR. YOV ANOVICH: How about we do this, since they're inconsistent results, we'll go ahead and withdraw it. You can't vote on it because we're already zoned PUD, so you can't vote for a continual use that would -- it's inconsistent with the PUD, it's withdrawn. CHAIRMAN COYLE: Withdrawn. Thank you very much. MR. WEIGEL: Mr. Chair and the Commissioners, I just want to follow up on that. I want to be -- when we talk about what you can and cannot do, you have two items before you. And as Mr. Schmitt indicated at the beginning, they're both on mutually exclusive, and the vote for one does not -- I just want to tell you -- does not prevent you from taking action on the other, notwithstanding that you've just voted to a different result from the previous zoning that existed at this point in time. So the withdrawal by the petitioner is an option that you may allow, you may permit that if you wish, but it's not the only thing you can do. CHAIRMAN COYLE: We could vote on that issue? Page 233 March 22-23, 2005 MR. WEIGEL: You could vote on that issue. Obviously if you vote on that issue and it's being heard second because that was the sequence it was set up to, if you were to vote yes, then you would un -- essentially be changing the zoning that you just did with the residential a few moments ago. MR. YOV ANOVICH: You can't do that. MR. WEIGEL: So there -- you know, there's a non sequitur to that. But in any event, withdrawal is only one option. You could vote on it. If he withdraws, there would be an inability to bring this -- to bring that matter back for a period of time. CHAIRMAN COYLE: Okay. We will permit it to be withdrawn, but I -- MR. YOV ANOVICH: I hear you. CHAIRMAN COYLE: I don't want to hear it. MR. YOV ANOVICH: Well, you talk to some others. CHAIRMAN COYLE: Okay. All right. Thank you very much. MR. YOV ANOVICH: Thank you for your time. CHAIRMAN COYLE: Thank you all. (Applause.) MR. MUDD: Commissioner --ladies and gentlemen, if you could please exit the room. We're not done with this agenda. CHAIRMAN COYLE: We've done more to protect the future of Collier County than any other commissioners in-- MR. MUDD: On your way out, please keep it down. If you're going to stay, please stay. We still have to continue this meeting. CHAIRMAN COYLE: Ladies and gentlemen, please clear the room and let us continue our business. Thank you. Thank you. Yeah, we have some other things to do. Item #10G RECOMMENDATION TO MAKE A CONDITIONAL AWARD Page 234 March 22-23,2005 OF BID #05-3756 TO MITCHELL & STARK CONSTRUCTION COMPANY FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT (NCRWTP) LOWER HAWTHORN WELLS 18N, 19N, AND 20N PUMPING AND TRANSMISSION FACILITIES, IN THE AMOUNT OF $5,156,000.00, SUBJECT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S (FDEP) APPROVAL, AUTHORIZATION TO INCUR COSTS, AND AUTHORIZATION FOR THE BOARD TO EXECUTE THE SUBJECT CONSTRUCTION CONTRACT AS REQUIRED BY PROVISIONS OF THE LOW INTEREST RATE STATE REVOLVING FUND (SRF) LOAN PROGRAM WHICH WILL FUND THIS CONTRACT, PROJECT NUMBER 71006- AEEROVED W/CONIlITIONS MR. MUDD: Commissioner, that bring us to item lOG, and that's a recommendation to make a conditional award of bid 05-3756 to Mitchell and Stark Construction Company for the North Collier Regional Water Treatment Plant, lower Hawthorne wells 18N, 19N, and 20N pumping and transmission facilities in the amount of $5,156,000 subject to the Florida Department of Environmental Protection's approval, authorization to incur costs and authorization for the board to execute the subj ect construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) loan program which will fund the contract. It's program number 71006, and Mr. Pete Schalt, from the public utilities division, will present. MR. SCHAL T: Good evening, Commissioners. Peter Schalt, senior project manager, public utilities engineering. I'm here to present item lOG, which is the recommendation to award a conditional award of bid number 05-3756 to Mitchell and Stark for the North County Regional Water Treatment Plant, lower Hawthorne wells 18N through 20N pumping and transmission facilities subject to the Florida Department of Environmental Protection Agency's approval as Page 235 March 22-23, 2005 required by the SRF funding in the amount of$5,156,000 for project 71006. The staff recommendation is to -- we recommend a conditional award approval of bid number 05-3756. We recommend that you authorize the chairman to execute the standard Collier County construction contract once the FDEP provides final authorization under the SRF program and the county attorney approves. CHAIRMAN COYLE: Is there a motion to approve? COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Commissioner Fiala, motion to approve. Is there a second? COMMISSIONER COLETTA: I'll second. CHAIRMAN COYLE: Second by Commissioner Coletta. All in favor -- or is there any discussion? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: This is basically a contract, enter into contract? MR. SCHAL T: Yes, sir. COMMISSIONER HENNING: Just to tell the county manager, I didn't get any details of this contract. COMMISSIONER FIALA: Oh, yeah. That's something you like to do is read over the contracts beforehand. I know you -- COMMISSIONER HENNING: If we're going to enter into an agreement, I think we all should read it, but that's just my opinion. CHAIRMAN COYLE: Do you want to postpone this until you have a chance to review -- MR. SCHAL T: May I address that? It was a formal bid, and the contract is not composed just yet. The DEP, as a part of the SRF funding program, will give authorization. At the time county attorney will have approved it and you will have an opportunity to review it. Standard construction contract. Page 236 March 22-23, 2005 COMMISSIONER HENNING: Yeah, but the terms of the contract is what I'm interested in. And if we're entering -- giving approval of that now without us reviewing it, that's wrong. If you're saying you're bringing the contract back, I don't have a problem with this conditional recommendation, not an award of a bid. But I think we're all due to take a look at contracts, bids. CHAIRMAN COYLE: Suppose we suggest that it be approved contingent upon the board's review of the final contract -- review and approval of the final contract? COMMISSIONER HENNING: That's fine. CHAIRMAN COYLE: Okay. We have a motion. COMMISSIONER HENNING: There is. CHAIRMAN COYLE: Commissioner Fiala, would you include that in your motion? COMMISSIONER FIALA: Yes, I will. CHAIRMAN COYLE: And Commissioner Coletta, will you include that in your second? COMMISSIONER COLETTA: Yes, that's in my second. CHAIRMAN COYLE: Okay. MS. FILSON: May I ask a question, Mr. Chairman? CHAIRMAN COYLE: Yes, ma'am. MS. FILSON: Will this contract be back before the board so I know not to sign it until -- CHAIRMAN COYLE: It will have to come back before the board for review before it can be signed. MS. FILSON: Okay. MR. DeLONY: What we'll do is take your guidance here tonight and take it to the DEP, and then we'll finalize that process like a normal contract. We'll bring it back for board ratification at the time. COMMISSIONER FIALA: That's good. Is that okay, Commissioner Henning? COMMISSIONER HENNING: Yeah, that's fine. Page 237 March 22-23, 2005 CHAIRMAN COYLE: So the motion is to approve this contract contingent upon the board's review and approval of the final contract? MR. DeLONY: Yes, sir. CHAIRMAN COYLE: Right? MR. DeLONY: Yes, sir, exactly. CHAIRMAN COYLE: Okay. Any further discussion, Commissioners? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It's unanimous. Commissioner Halas was absent. MR. DeLONY: Thank you. CHAIRMAN COYLE: Okay. Thank you. Item #14A APPROVAL TO EXECUTE THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND MR. MUDD: Commissioner, that would bring us to items (sic) 14A, and that was previously 16G 1, and that was a recommendation to approve and execute the Bayshore/Gateway Triangle Redevelopment area executive director employment agreement between the community redevelopment agency and David L. Jackson. Page 238 March 22-23, 2005 Mr. Jackson? COMMISSIONER COYLE: He probably got tired and went home. CHAIRMAN FIALA: Oh, here he is. MR. MUDD: Mr. Jackson's there. He's coming. COMMISSIONER COLETTA: This was a test to see if you could last this long. MR. MUDD: And, Commissioners, the issue here was on severance, and there was not a severance clause in Mr. Jackson's contract, and he wanted to be able to address that with you so he could talk about that particular issue before you voted on his contract. Mr . Jackson will present. MR. JACKSON: David Jackson, prospective applicant for the CRA. I had no issue. It was inadvertently left out. I just asked that it be entered. COMMISSIONER COYLE: Okay, good. Is there a motion? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER COYLE: Motion to approve, Commissioner CHAIRMAN FIALA: Second. COMMISSIONER COLETTA: No. Commissioner Henning's got a question. COMMISSIONER COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I have a problem with number 12, living expenses, of reimbursement from March 16th through March 31 st. I think you're due expenses and travel for the interview of the advisory board and related expenses to be here today, to be here before the Board of Commissioners, but I have approximately two weeks of a total -- hotel expenses and meals, is, I think, a little exorbitant. MR. WHITE: If I may, Mr. Chairman, Madam Chairman, because this is a CRA matter, assistant county attorney. Page 239 March 22-23, 2005 COMMISSIONER COYLE: Oh, I'm sorry, I'm sorry. MR. WHITE: Yes, sir. COMMISSIONER COYLE: I'm sorry, you're right. It is Madam Chair. MR. WHITE: And I'd like to address the commissioner's question, if you don't mind, Mr. Jackson, from the legal perspective first. The reason why the provision is in there and I signed it for form and sufficiency is because my understanding is that Mr. Jackson began his employ for the CRA on the 16th. COMMISSIONER HENNING: This CRA board didn't hire him. MR. WHITE: Correct, and that's what the matter's here for today, and I understand -- just so you understand why it's in there in the first place. Now, as to whether you want it in there or not, that's a separate matter and I'm -- COMMISSIONER HENNING: Who entered into the contract for the CRA board? MR. WHITE: We have a, signed by your executive director candidate, contract -- COMMISSIONER HENNING: Pardon me? MR. WHITE: I have a contract here that's an original that was signed by Mr. Jackson and signed for form and sufficiency by myself solely for the purposes of being able to allow you to consider it today so that if, indeed, you decided that it was fair and appropriate to compensate him for what labors he began on the 16th through the 31 st of this month, as specified in paragraph 13, that you'd be able to do so. My point is simply to make for the record evident the fact that the contract would be lawful with that provision in it. If you choose to not have it in there and you do not want to compensate him for those efforts, then we will revise the contract according to whatever the vote of the CRA is. COMMISSIONER HENNING: Here's my issue, and maybe you can assist me. The CRA board has the ability to hire and fire -- Page 240 March 22-23,2005 MR. WHITE: Absolutely. COMMISSIONER HENNING: -- or terminate the contract? MR. WHITE: Under the terms of the contract, yes, if you enter into it. COMMISSIONER HENNING: So you're asking us to approve a backdated contract, essentially? MR. WHITE: Well, the contract would be dated effective as of today, but some of the provisions would operate to a prior point in time to compensate for labors that were provided and certain other aspects of his living expenses from the 16th, certainly until today, and as specified, as it's written now, through the 31st. Now I assume that's because after the 31st he'll have found somewhere else to reside or will take that out of his salary. MR. JACKSON: Commissioner, I may be able to shed some light on it that may make you feel better. COMMISSIONER HENNING: Thank you, thank you. MR. JACKSON: That provision was offered by the advisory board. COMMISSIONER HENNING: Okay. MR. JACKSON: I explicitly told them I had no intention to ask for compensation or reimbursement for moving expenses. I would handle that out of my own pocket. I was -- had no intention of using hotel or rental facilities in the area, that I would not ask for any compensation on that part of it. I have secured residence here, and that is just the normal course of moving and relocating. You can strike that paragraph if you wish. I have no intention of exercising or submitting any request for per diem, lodging, meals, or anything. The only -- my only discussion that I've had, mostly indirectly, and mostly with the attorney, was that there would be a severance clause. The other one was inserted by the advisory board. And as far as I'm concerned, there's no execution of that. Page 241 March 22-23, 2005 COMMISSIONER HENNING: Okay. And I just want to be fair. MR. JACKSON: I don't have any problem with that. COMMISSIONER HENNING: And, you know, I know you're not asking for moving expenses, but I think we need to be consistent with all employees that come to the county. MR. JACKSON: Yes, sir, but it's not required. COMMISSIONER HENNING: I don't -- I just don't believe this is consistent of what we have done in the past for other employees, but I think there's some latitude there. MR. JACKSON: The moving expenses are minimal. I mean, it's nothing that I can't adequately cover, and I've already executed that part of it, and I'm here in residence. COMMISSIONER HENNING: Okay. MR. MUDD: And so -- just so we know for the -- and you tell me if the severance issue is incorrect, Mr. Jackson. And basically, it is the first six months, there's no severance, and after the first six months there's three months base salary, severance after a six-month period of time; is that correct, sir? MR. JACKSON: That's correct. MR. WHITE: I'd just note for the record that that is only in the circumstance where it's without cause. MR. JACKSON: Correct. COMMISSIONER COYLE: Commissioner Halas? COMMISSIONER HALAS: Yeah. I have some concerns. Is the CRA under the jurisdiction of this group here which we are in the -- act as the CRA agent? COMMISSIONER COYLE: Yes. COMMISSIONER HALAS: I'm concerned that we weren't -- this wasn't addressed to us prior to this gentleman taking employment by the CRA commission. And no offense to you, sir, because you're an innocent party in this, but what concerns me is that the people who Page 242 March 22-23, 2005 are involved in this CRA didn't come to us and tell us what was going on until after the fact, and that upsets me, because I felt that we were part of the controlling board here. CHAIRMAN FIALA: Let me interrupt you just for a minute. They actually wanted to. They wanted to call a special meeting. Sue can tell you how they worked with them. And there was -- because of us being in Tallahassee in this -- in this time frame, we were not here for them to call the special meeting. And Sue, as you can see, is nodding. MS. FILSON: That's correct. CHAIRMAN FIALA: They wanted to immediately tell us except they didn't have the opportunity because of our schedules. COMMISSIONER HALAS: But normally when you -- when you go through an interview process, I would think that we would be included in that interview process prior to this gentleman coming onboard, or whoever else; in other words, bring him in here and say, this is the candidate that we're looking at prior to signing all agreements. You see where I'm coming at? CHAIRMAN FIALA: Uh-huh. COMMISSIONER HALAS: And I think that, being that we have to function as we are, we need to make sure or at least have the ability to ask the gentleman a few questions prior to even being hired. And I think we've lost that -- we've lost that jurisdiction of being able to do that. CHAIRMAN FIALA: Well, I would think we could do that right now. No? COMMISSIONER COLETTA: Yeah. COMMISSIONER HALAS: Well, it's after the fact. What I'm saying is -- you know, it's just like if you go in for a job inter -- a job interview and somebody says, yeah, you've got the job, but the person that's going to run the corporation would like to also interview that person and doesn't have that ability before the fact. Page 243 March 22-23, 2005 COMMISSIONER COYLE: Don't worry about any of this stuff. You know, can we talk about that in a few minutes, maybe after we deal with his contract? Would you feel comfortable going ahead and dealing with his contract -- COMMISSIONER COLETTA: Let's do that. COMMISSIONER COYLE: -- and then talk a little bit about this relationship between the CRA and the advisory board and how we can make it better; would that be okay for you? COMMISSIONER HALAS: Whatever. COMMISSIONER COYLE: Great. Does anybody have any concerns with the contract? COMMISSIONER HALAS: Well, I do in the sense that the person who left was making 65,000 and then the person, this gentleman here, is making an additional 23,000, and why -- why the big compensation difference, okay? MR. JACKSON: Experience. MR. MUDD: If I can help a little bit. Just from reading the resume between the previous director and this director, there's a huge difference in experience as far as what Mr. Jackson brings to the table versus what the previous director had. And I believe there was some attempts by the advisory board to -- to advertise for this position at a lower rate, and they didn't receive the quality of person that they needed at that lower rate. Mr. Jackson comes to us with a breadth of experience in this particular CRA role that -- what he's done prior, but I'll let Mr. Jackson speak to his own experience. MR. JACKSON: I think I'm bringing to the table a wealth of experience, seven years in working with CRAs in a community that had three CRAs and one improvement district, and I think that's what I'm bringing to the table for you is to work with you and the community to bring about all the progress that you want to have happen. Page 244 March 22-23,2005 COMMISSIONER COYLE: So bottom line is this gentleman is more experienced than the last, and I presume they decided to give him more money. Do we want to accept the recommendations of the advisory board with respect to this hire and to this contract? CHAIRMAN FIALA: Well, we already had a motion on the floor, right? COMMISSIONER COLETTA: You made the motion. CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Commissioner Coletta made the motion. COMMISSIONER COLETTA: I did. I was just checking her. CHAIRMAN FIALA: I thought I -- I said yes. COMMISSIONER COYLE: It's getting late. COMMISSIONER COLETTA: Okay. Then from my understanding, there was some concerns over his moving expenses, which are in the contract and he -- no? COMMISSIONER COYLE: No. COMMISSIONER COLETTA: It's not in there? COMMISSIONER COYLE: It's hotel and per diem expenses for the last week to 10 days while he's been working here. CHAIRMAN FIALA: Six days. COMMISSIONER COYLE: Six days. MR. JACKSON: Right. And I'm not going to exercise that option. You can put a big -- CHAIRMAN FIALA: He paid for his own moving expenses. COMMISSIONER COLETTA: I think that's very noble of you. MR. JACKSON: No. That's just in the normal course of doing business. COMMISSIONER COLETTA: Oh. In that case I amend my motion to remove that part from it having to do with the hotels and the fees and any moving expenses. Page 245 March 22-23, 2005 CHAIRMAN FIALA: Okay. My second as well. COMMISSIONER COLETTA: Okay. MR. MUDD: And you're adding the severance clause? CHAIRMAN FIALA: And adding the severance clause to his contract. COMMISSIONER COYLE: That's correct. But it's already in there. It exists in the contract now that we have, doesn't it? MR. JACKSON: Yes, sir. COMMISSIONER HENNING: Severability. MR. JACKSON: In the signed contract that the attorney has. COMMISSIONER COLETTA: Then how can we add something that's already there? MR. MUDD: No, it isn't -- it isn't in the contract that you have in your agenda packet. COMMISSIONER COLETTA: Okay. MR. MUDD: It was a change that was made, and that's why I had Mr. Jackson come before you and talk about that severance clause. COMMISSIONER COLETTA: So we're adding it to the-- MR. MUDD: We're adding it -- CHAIRMAN FIALA: But you sent -- you sent us a revised issue, because I know I read it. MR. MUDD: You're right. You have a revised issue. It just wasn't in the published -- it just wasn't in the published one that -- COMMISSIONER HENNING: Call the motion. COMMISSIONER COYLE: We got it. Okay. CHAIRMAN FIALA: Oh. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. Page 246 March 22-23,2005 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER COLETTA: Very good, Donna. CHAIRMAN FIALA: I'm the chairman. MR. MUDD: Commissioner, that brings us to the next item. COMMISSIONER COYLE: Oh, wait a minute. Before we leave that, Commissioner Halas has an issue, and I think he's absolutely right, and the next one's going to deal with the CRA, too, isn't it? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Okay. Let's hear the next one then, and we'll deal with both of them at the same time, okay? All right. Let's talk about the next one. MS. FILSON: And Commissioner Fiala's the chairman on the next one as well. COMMISSIONER COYLE: Oh, I'm sorry. Go ahead. CHAIRMAN FIALA: That's all right. Okay. And the next issue is l6G2? Item #14B APPROVAL TO EXECUTE THE SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE GRANT APPLICANT WITHIN THE BA YSHORE/GATEW A Y TRIANGLE MR. MUDD: Yes, ma'am. It is now 14B, and 16G2 was a recommendation to approve and execute the site improvement grant agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area, and I believe that's the grant -- that grant agreement with Ms. King. Page 247 March 22-23,2005 CHAIRMAN FIALA: Yes. And Commissioner Coyle was the one that requested this. COMMISSIONER COYLE: Okay, yeah. Let me explain. You'll recall that there was some question as to whether or not there was an ethics issue with respect to an advisory board member applying for and receiving a grant while serving on the advisory board. The county attorney has opined that that ethics issue can be cured if the recipient, or the proposed recipient, resigns from the advisory board before the grant is awarded. And Ms. King has, in fact, done that. Now, it raises a question about our procedures from here on out. Is it okay for Ms. King to get right back on the advisory board now that she has gotten the award of the grant? Can she still serve on the advisory board? Is there a waiting period? Or must she be forever banned from the advisory board? Now, what do we do here? You know, we're plowing new ground. MR. WEIGEL: Yes. Well, Ms. King was on the advisory committee when the application was submitted, and it was in the pro -- and at that time anyone who wished to submit, including advisory committee members, were submitting, and we ran into this issue with two other members of the committee as well. She did not vote as an advisory committee member on her own submittal, which was a good thing. My best recommendation, having worked with the commission on ethics, in regard to all three members, would be that an application be processed by a person who is not even on the committee, and that is not the case that we have here. She had gone ahead and resubmitted it after her resignation from the committee. But technically, legally, there is no issue in that regard, so it becomes a local issue only as to the protocol and procedure for this particular advisory committee member and the committee and any Page 248 March 22-23, 2005 other committee in regard to committee members potentially submitting applications that effectively create doing business with the county, because that is prohibited action, is that an advisory committee member cannot do business with the county of the appointing authority, in this case the CRA, which is you. So she is technically correct, and you can or may take the action that you wish today in regard to this application. But for the future, I'd be very happy to look for direction from you that we can create as policy, bring it back, relating to and I -- relating to the practices of advisory committee members generally, meaning all of the approximately 60 committees that we have, to make it very clear, if the board would so care, that advisory committee members and those who would apply to become on advisory committees would know ahead of time that while they're on the committee, they cannot, should not, shall not apply for grants or other contractual relations with the county or the CRA or any committee to which this Board of County Commissioners is the appointing body. And additionally, we can craft into position a quiet time after a person is off a committee to make an application, if that's the board's desire. You've imposed this kind of thing on employees, just such as me, that if I leave the county employ, I can't come back before this board for two years or essentially do business with you in my own trade. So these are not things that you've looked into before, and it could be done in a general way and so that the advisory committee members are -- and potential advisory members know about that procedure well ahead of time. And I'd be very happy to bring something back to you with or without specific direction. I think I have an idea of what some variations on this theme that could be looked at. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Commissioners Coyle, there's something Ir Page 249 March 22-23, 2005 would like to question Mr. Weigel about. You were saying to do this for all of the committees. This particular committee, it seems, you don't have to have a particular expertise, you're not bidding on anything, they're not giving you anything that everybody else not only is entitled to but can get. And my fear is, for this particular committee -- now, Ms. King not only dropped off this committee, she also dropped off the Bayshore MSTU. MR. WEIGEL: Yes. CHAIRMAN FIALA: And she was so horribly embarrassed by this, it made her feel as though she were a criminal. And she is of the highest ethics, one of the few people I've met that I'd trust with my wallet to walk anyplace. I mean, she would never do anything at all unethical, so it made her feel terribly embarrassed, and I don't think she'll ever want to get on the committee again, quite frankly, and many have begged her to do that. Conversely, with the other people on this committee, most of them are in this same situation where we're trying to get these people in the triangle area -- and most of them in the triangle area, by the way, are, you know, just residents of very moderate income, and then you've got the Bayshore people, some high, some low, and we want them all to participate. We actually have criteria for these two areas. But if they feel that they are not able to participate in this, I'm worried about how we'll manage that as well. It doesn't affect the Windstar people because they have nothing to -- you know, nothing to fix up there. But it does affect all of the other areas in there. And as we talk about it -- I mean, we might not be able to decide today, but maybe we could come up with something -- I don't know what it is -- so that we don't discourage people from getting on this committee. COMMISSIONER COYLE: Well, if I could. CHAIRMAN FIALA: Sure. COMMISSIONER COYLE: The real problem is that there's a Page 250 March 22-23, 2005 state law that prohibits this from happening, and I don't know that we can pass anything here that will bypass the state law. But I was merely trying to make sure we didn't get back into the situation if someone dropped -- happened to drop out of the advisory board and then -- to accept a grant and then come back in, would we get into a problem with doing that, and I'm just trying to avoid having this happen all over again. MR. WEIGEL: Right. I think that based on discussion with the ethics commission, they tend to look at the technical aspect and would say that that is not a problem. And you may recall, Commissioners, that the problem, or this issue, did not come up particularly or initially with this advisory committee but actually came up with Conservation Collier with some people that were applying to have a contractual relationship or hoping to have one with the county. So that put us on guard that there was an issue, and then we started looking to see if there were other committees that had that issue, and so it wasn't through any improper action by anyone of this committee whatsoever that brought it to our attention, and we tried to, with professional courtesy, indicate to them the options that they might have so that they could, in fact, ultimately fulfill their desire in regard to the grant agreement as well. COMMISSIONER COYLE: Well, I am personally very concerned about any pattern which is established where an advisory committee would apply for a grant, then resign from the committee to accept the grant, and then turn around and rejoin the committee at some future point in time. It leaves the appearance that we're circumventing the state ethics law, and I certainly don't want to be a party to that. So I'd like to at least investigate some ways we can solve that problem. We -- and this is not picking on the -- the CRA board. We had two other board members in a different board who had similar situations, and we had to take the same action against those people. Page 251 March 22-23, 2005 So it's a potentially serious problem, and I'd just like to keep out of any ethical entanglements for ourselves as well as for board members. Now, Bill Neal is here. And, Bill, if you would like to address us or tell us anything -- I'm sorry. I'm not the chairman, but let -- CHAIRMAN FIALA: Thank you for filling in though, go ahead. COMMISSIONER COYLE: Let me just continue for a minute. I don't want to spend a lot of time talking about this, but there was just a discussion about the contract for the new executive director, and Commissioner Halas was concerned about the fact that somebody had made a decision to work out some details with him and committed some money to pay for expenses without talking with the party that's supposed to hire and sign the contract. And I am -- I have similar concerns because there has been a real breakdown between us and the advisory board. And I know that there's been a long history of dissatisfaction with the staffs support here with the advisory board, and I -- we've got to find a better way to operate because, you know, when your executive director walked off the job, we got blamed for the problem, and when we're not available to have a meeting and you need to negotiate a contract with somebody, then you have to do it, and then we're wondering why you didn't talk with us first. So we need to -- we need to solve this problem. This is the weirdest working relationship I have ever seen in my life. Either we need to start meeting more frequently and interfacing with the CRA more frequently and closer, or else we need to give them more latitude to make decisions they need to make to get this thing moving along. And I would like to ask, if the board agrees, to ask the county attorney to start looking into that to see if there is a way to solve the problem, because this is atrocious. It really is. We've got people who are trying to develop an area in our community that we all agree needs some work, yet we meet once a Page 252 March 22-23, 2005 quarter. That's not frequent enough to either supervise what's being done or to exercise any control over expenditures or hiring. And I'm also not sure that meeting more frequently is the answer. I think giving somebody more responsibility to make some decisions consistent with the law, so you're going to have to advise us of that. But I just think it's a terrible working relationship, and I think it's fraught with opportunities for conflict of interest not only for the commissioners, but for some of the board members, particularly when grants are concerned, and it's not getting the job done for them. So that's my spiel. CHAIRMAN FIALA: Well, I agree. I think we should be giving them more autonomy, yes. And I'm glad that David will look into that. Okay. MR. WEIGEL: Yeah, I'll be happy to, and I'll add that it's even difficult for us. We have to be kind of like mirror attorneys because we're attorneys to the CRA board, and, of course, I'm attorney to the Board of County Commissioners as well. So the interlocal agreement that's coming through is reviewed by two different attorneys for two different agencies. And it -- and yet you are the same at the top. But your interests actually could conflict from time to time. COMMISSIONER COYLE: Exactly. We shouldn't -- we should not be in this -- MR. WEIGEL: So I'd like to continue this dialogue with you and provide some suggestion. CHAIRMAN FIALA: Very good. I think that that's great. Now, we do have -- we do have this item to vote on; is that correct? Okay. So I'd like to make a motion, please, that we honor this grant and pay -- Ms. King, you should stand up there, Sharon, so everybody can see you. MS. KING: I have a piece of paper. CHAIRMAN FIALA: And I would like to hear a second on that. Page 253 March 22-23, 2005 COMMISSIONER COYLE: I'll second it. CHAIRMAN FIALA: Okay. Any discussion? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Thank you. And thanks for all you do for that community, Sharon. We're going to miss you like crazy. Bill, would you like to say a few words on behalf of the CRA advisory board? MR. NEAL: I'm Bill Neal, chairman of the CRAB. CHAIRMAN FIALA: You need to say that into a microphone. MR. NEAL: I'm Bill Neal, president of your CRAB. I'll be happy to answer questions. The reason I got over here was I was concerned of the misunderstanding that the county commissioners have about the CRA. And thank you, Commissioner Coyle, or CRA Coyle. I'll just call you Fred in that case, because I'm not talking to the commissioners now. I'm talking to the CRA. We talked with you some months ago, probably a year ago, about the problem of the county commissioners and the CRA being one and the same. It causes a terrible working relationship. There's very few ways we know how to get to you to talk to you as commissioners and a CRA board. I heard Frank mention the fact that he hadn't been notified about any of this. We have a vehicle. Your vehicle is the chairman of the Page 254 March 22-23, 2005 CRA, in this case, Donna Fiala, which we constantly communicate with her through e-mails and telephone calls. Now, we don't know how to set up the communication channels on our level. We try to do our best through her. Whether you have meetings with the CRA or not, we don't know about it. You could have them and we don't even know about it. So I'm saying that to answer your questions. I'll be happy to explain more details about that. To Tom Henning who said something earlier about having the same ground rules for county employees, this gentleman's not a county employee. He's an employee of the CRA, and there is a distinguishing point there. So you can offer employees of the CRA a different package than maybe the ground rules you have with the county. The CRA has the right to do that. As far as the organization's concerned, as I said to you earlier, we tried to get you to consider re-establishing the CRA activity, putting it into a public/private situation where the county commissioners are not the CRA board. At the time that we had that meeting, I think each one of you said you saw a conflict of interest. I believe my memory serves me that way. We need to take that action. We have talked to Patrick White about this issue. There's a subcommittee made up of myself and Bill Mears, and I've mentioned this to Donna Fiala in a meeting, that we should change this organization, and we think we found a vehicle through the ordinance or the state law to do that. So I would appreciate if David Weigel could be a part of this and we can drag Patrick into the same thing again, and we present you with what we think is a way to offer it if you're willing to do it. We have so few communications, and little communications with CRA. You should already know what the heck we're doing. How Page 255 March 22-23, 2005 many of you attended a CRA meeting and CRAB meeting? Only one, and I'm not picking on you. I'm just saying, the interest of what we're trying to do in this blighted area does not have a reflection on Frank Halas and Tom Henning and Jim Coletta. We're working in an area with you two folks. It is a conflict of interest when they have an opportunity to support a hotel up in North Naples as compared to one here in this blighted area that we're trying to improve. If I were a commissioner, I would support my constituents up in North Naples and fight against the CRA, which I'm a board member of. It just doesn't make sense. I'm not picking on you, I'm just trying to explain to you the frustration. And, Fred, you coined it very clearly. It is a frustrating thing for this CRA. We're the first CRA in this county. County staff doesn't know how to work with us. We don't know how to work with the county staff. There is a conflict there. We should resolve that issue somehow. And the only way I know how to do it is to have an independent CRA board made up of public and private citizens to do that. I hope that answers some of the questions you're concerned about. COMMISSIONER HALAS: Not really. When it comes to communications, I would think that in your office you have a computer so that you can periodically put out news bulletins and what's going on, and I think that's where the line of communication isn't -- it's a responsibility for the CRA, even though we're not tied directly to it, but that's one way of communication. The other concern I have is the other director that left, and then we find out that we've got all of these bills that weren't paid or anything else, and I think that there had -- should have been a line of communication there also. And when you were in the process of going through the choice of who you were going to replace the prior CRA director in your CRA, it Page 256 ,.,--,.."~"~..,,.,~_...-_.._,.."'''_'._'' ...."-^--"'..^""'_.~..._--,--_..-.._.,.._.."" March 22-23,2005 would have been nice if you or somebody in that area would have said, we're looking for a director and we're going through the process of -- process of interviewing and we're trying to find the best person available. The first indication that I got that there might be somebody that's been hired is the fact that, oh, by the way, it was Friday afternoon that somebody wanted to come in and see me, and I had a full schedule and I had a full schedule yesterday. And the -- he was already hired, okay, and he was on the job, and I -- to me, that just didn't give me a warm, fuzzy feeling, and I hope that you people have a computer over there that you can e-mail us and just -- if you have just a secretary just to drop a few lines and she can be your acting PIO person so that it kind of keeps us in contact of what's going on. We're here as commissioners, and we're here also to make sure that we protect the taxpayers' dollar and that everything is being done correctly, okay? And it just -- I'd like to have that warm, fuzzy feeling, I'd like to have that contact so that we, you know, have some time type of dialogue. MR. NEAL: I appreciate that, Frank. COMMISSIONER HALAS: Thank you very much. MR. NEAL: And I would say to you this, we are running a business there, and the computer was shut down for almost 30 days, and the bills weren't paid for almost 30 days because of a glitch between the county and the CRA activity. We had no communications. We didn't even have a telephone for, I think it was two weeks, because somebody in the county -- and I'm not trying to blame anybody. When Aaron Blair left, allo -- everything was cut off automatically. Communications, cut off. As a matter of fact, Jim Mudd helped me very much to get it back on-stream. So we didn't have a lot of communications going on at the time through this crisis period. Page 257 March 22-23, 2005 I'm saying to you again that I personally e-mailed from my own computer virtually everything we were doing, and some of it to Mr. Coyle, and a lot of it -- most -- all of it to Donna Fiala. CHAIRMAN FIALA: And you know, I can do a better job, too. You know, Frank, I'm glad you brought this stuff up because communications is terribly important to all of us, and we've been all, you know, stressing how much we need to communicate. And I will do a better job myself. I read all of the stuff, and I haven't passed it on, and I'll do that. COMMISSIONER HALAS: It's not your responsibility. I mean, I think that would be to their avail, and I'm not sure why the bills -- MR. NEAL: No, I disagree with you, Mr. Halas. She's the chairman of the CRA. We're an advisory board, a volunteer board. She is this gentleman's boss, not the CRAB. So what we do is work through the chairman of the CRA. That is our job. And the chairman has to work with the board, just like as an advisory chairman I work with my board. All the communications do not go through every advisory board committee, but we do sum up and have meetings about that. So -- but the point there is, again, is there is a problem of the organization, and we should resolve that as a CRA. I would hope you recommend to the Board of County Commissioners that it be reorganized and on a different basis. I would appeal that to you as a CRA members. CHAIRMAN FIALA: Well, I think Commissioner Coyle has directed the county attorney to talk with you and to start researching that, and then get back to us with a plan. Is that correct, Commissioner Coyle? COMMISSIONER COYLE: I didn't direct him, I just suggested that the board might wish to. CHAIRMAN FIALA: Oh, okay. COMMISSIONER COYLE: If there's three nods on this board. Page 258 March 22-23, 2005 CHAIRMAN FIALA: Yes. Do we have any nods? Okay. COMMISSIONER COYLE: You've got mine. CHAIRMAN FIALA: Okay. MR. MUDD: Madam Chairman, just so you know -- and I don't have somebody financial doing this thing right now -- but you're going to have to approve the expenditures as the Board of County Commissioners, okay, or the bill is not going to get paid by the clerk. So I just want to make sure, you're still going to have to see it, but you'll be as a board, and the CRA board, however it's done, you'll still have to see that final action before the clerk cuts the check. COMMISSIONER COYLE: Yep. CHAIRMAN FIALA: Oh, that's very true. And I'm sure David will incorporate that into his recommendations. MR. WEIGEL: You bet. CHAIRMAN FIALA: Okay. MR. NEAL: Any more questions? CHAIRMAN FIALA: No. And we had a motion. We approved paying Sharon. We have a speaker. MS. FILSON: Yes. You have one speaker, Sharon King. MS. KING: Hello, Sharon King. I had a couple things that I had wanted to mention. Number one, I was involved -- I resigned on March 1 st from the CRAB. Prior to that, I had had a lot to do with searching for an employee to replace the executive director and also to try and keep the office up, you know, after we left our ex-executive director. Mr. Mudd attended one of our meetings and directed me to move everything through Randy Cohen in the county, that he was the county liaison. And I kept him informed of the hiring process, Mr. Halas, of the interview process, as well as Donna Fiala, the chairman. So if Randy didn't forward that to the commissioners, I didn't -- that was the avenue that Mr. Mudd had instructed me to pursue, so I assumed you all were getting everything with regard to the movement Page 259 March 22-23, 2005 that we were making. And I apologize if you didn't. The second thing was I wanted to say something with regard to the application. First of all, thank you for approving my application for a grant. You had mentioned that this is a problem, and Mr. -- I'm sorry-- MR. WEIGEL: Weigel. MS. KING: -- Weigel, I'm sorry -- had said that possibly the advisory committee should be treated like county employees where you didn't get back on a committee for two years. I know when this was brought to my attention that the county felt my request for an application was unethical, I personally didn't agree with that. I did agree their solution was for me to leave the committee, apply for the grant, and then rejoin the committee. Now, in my mind, that didn't sit right. That felt unethical to me, and it won't be a problem for me trying to rejoin this committee. I do think -- Chairman Fiala said that you're going to have problems, you know, getting a certain type of people on this committee. I think people are forgetting what this grant does. This grant is for improvement to the area, site improvement, to any property owner, any business located in the CRA area. Now, you seem to feel that a member of the board could cause a problem by applying for a grant. It's impossible. You know, there's no limit -- we're limited financially with regard to our budget, but one grant is not approved over another. The purpose of the grant is to improve site -- you know, the properties within the area. And if a member were to improve their property, that's what the grant was supposed to do. That's how it's supposed to work. Any property owner, doesn't matter, as long as the property is being improved, you're getting done what the grant program was set up to do, you know. So I don't think in the future by putting conditions on members who serve on the board -- first of all, you're Page 260 March 22-23, 2005 looking for all types of citizens from this area. You're looking for all economic levels. You're looking at business owners, property owners, all different degrees of people in this area. You know, you're going to find out that the people that can serve on this committee are people like Mr. Neal, you know, who live in Windstar, as Donna said, that don't need to improve their properties. Now, I take great pride in improving my property and try and set an example for the neighborhoods in our areas, and I don't see how an advisory board member could create something unethical by going through the same procedure, you know, that any other property owner or business owner could do in this area. Thank you for your time. COMMISSIONER COYLE: Thank you. Oops, I'm sorry. CHAIRMAN FIALA: Thank you. Okay. Are there any other comments? (No response.) CHAIRMAN FIALA: We have completed our business for the CRA? MR. MUDD: Yes, ma'am. CHAIRMAN FIALA: And the CRA board meeting is adjourned. MR. MUDD: Commissioner, Mr. Chairman, I would suggest at this particular juncture that we recess to continue this meeting until nine o'clock tomorrow morning. Item #15 CHAIRMAN COYLE: Okay. That sounds wonderful. Do you have anything left to say, Mr. Weigel? MR. WEIGEL: No. CHAIRMAN COYLE: County Manager? Page 261 March 22-23, 2005 MR. MUDD: I wasn't getting into the communication piece. I figured you'd find out something tomorrow you'd like to talk about at the end. CHAIRMAN COYLE: No. I want to do it tonight. MR. MUDD: I don't have anything. CHAIRMAN COYLE: Commissioner Henning, do you have anything? COMMISSIONER HENNING: No. CHAIRMAN COYLE: No? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Tomorrow. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I've spent all of my travel fund on -- and I need to find out if there's a commissioner that would assist -- I've got a couple of -- right now I'm minus -- $239 in hole. And I also plan to go to Tallahassee with our transportation director, Norm Feder, in the end of the month, so that's going to be some more money, and I also have an EDC item that I'd like to attend, and that -- of course, that's like 25 or $30. So I'm sorry that I've expended my $4,000 and I'm only half way into the year. COMMISSIONER FIALA: Well, you've really worked hard, and that's why. CHAIRMAN COYLE: This sounds like the sheriffs office. COMMISSIONER HALAS: Yeah. COMMISSIONER FIALA: How much do we have left? COMMISSIONER HALAS: I don't know what the rest of you have. COMMISSIONER HENNING: You have $1,000 of mine, Sue. I was supposed to take a course and -- MS. FILSON: That's what I was going to ask. What about leadership? Page 262 March 22-23, 2005 COMMISSIONER HENNING: Yeah. I mean, it's being postponed. MS. FILSON: Okay. COMMISSIONER HENNING: So-- COMMISSIONER HALAS: Okay. Thank you, Commissioner Henning. I appreciate it. CHAIRMAN COYLE: Do I hear any more offers? COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Sure. He can have some of mine. COMMISSIONER HENNING: You know, maybe I shouldn't offer up 1,000. MS. FILSON: Can you tell me how much so that I can work on my budget? CHAIRMAN COYLE: Me? COMMISSIONER HENNING: Change mine to five. COMMISSIONER FIALA: Yeah. Better start out with him, and then -- MS. FILSON: Five? COMMISSIONER HENNING: (Nods head.) MS. FILSON: Okay. He's changed his mind. You get 500 from Henning. CHAIRMAN COYLE: Five hundred from him, and you can throw in another 50 bucks in for me. Give him 1,000. MS. FILSON: Okay. Thank you. COMMISSIONER FIALA: Is that enough? COMMISSIONER HALAS: That will keep me out of trouble for a while. MS. FILSON: He'll be back. CHAIRMAN COYLE: We're going to have to review your overtime, or your travel budget. COMMISSIONER HALAS: Here it is right here. MS. FILSON: And I don't have the balance on the other Page 263 March 22-23, 2005 commissioners, Commissioner Fiala, as you asked. CHAIRMAN COYLE: We need budget guidance on this. Commissioner Coletta? MS. FILSON: But I knew his was running short, so I balanced it out, and I can give it to you if you'd like. CHAIRMAN COYLE: Who's running short? Who else is running short? COMMISSIONER COLETTA: Me? Can't be. MS. FILSON: No. He was over, that's why I gave him a balance. CHAIRMAN COYLE: Well, he shouldn't be over without notifying. MS. FILSON: I'll give you all a balance later this week. COMMISSIONER FIALA: Thank you. . MS. FILSON: Probably not tomorrow. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Manana. CHAIRMAN COYLE: Okay. Now, I have something very brief I'd like to get your permission to do. You will recall that we have been discussing the budget guidance with other constitutional officers. I have received a letter from the sheriff who says that he doesn't believe that the slice of the pie is the appropriate way to do this -- this budgeting process and would like instead to have certain indexes of performance established. I presume that means in comparison with other counties of similar size. And I would -- I think it would be worthwhile looking at that, and I would like to send a letter to the productivity committee asking them if they would come up with some appropriate measures of performance, cost performance, as a matter of fact. There's no obligation that the board has to accept them or approve them. But would the board object if I at least send them a letter asking them to take a look at this? Page 264 March 22-23, 2005 COMMISSIONER HALAS: Well, I think that we pretty much-- pretty much told -- or made it known, even at the productivity committee, that -- and there was representatives from the sheriffs staff there, that we told them that we expected them to operate within the pie, and that was 39.6 percent of the pie. And we just had a meeting here about a week ago, and it was pretty much expressed by all members of the productivity committee, along with myself, that that was the arena that we needed to make sure that we could stay in. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: And -- so at this point in time, I guess we'll have to find out how much additional ad valorem taxes we have and whether the sheriff can maintain to stay within that budget, so -- CHAIRMAN COYLE: Well, I'm not suggesting that any amounts be defined at all. I'm just suggesting that performance measures be established vis-a-vis other counties, because it would be helpful for us to have that even if we stayed with the slice of the pie concept so that we could begin to evaluate the budgeting process. COMMISSIONER HALAS: I think we already have that somewhat established, the performance measures if we look at -- if we compare ourselves with the five other counties that the county manager has already picked, and that's pretty much performance measures, I would think. Now, if you feel that maybe those aren't the right counties or whatever, I'm sure that when this was introduced to the productivity committee, that they approved the counties that were selected. CHAIRMAN COYLE: Yeah. They -- the productivity committee discussed some time ago getting involved in the development of certain indicators of performance in the sheriffs department, and they had some pretty good ideas, and I think they were ideas that we haven't really explored. Page 265 March 22-23, 2005 And I -- the reason I was suggesting this is that if they have the time and if they're interested in pursuing this, then we could at least cooperate with the sheriff in taking a look at these things and seeing if they're reasonable, and we might -- we might find that they're very useful to evaluate the budgeting process or other kinds of things to help the sheriff and us reach a conclusion on certain issues that, so far, have been open to debate. COMMISSIONER HALAS: Okay. I think that the -- you, yourself, you've served as the liaison last year, and I think that the short period of time that I've been on the productivity committee, they're open for all kinds of ideas, and if it benefits the taxpayers here in Collier County, I'm sure all of us are -- that's what our main goal is. CHAIRMAN COYLE: Okay. All right. Does that mean it's okay to send a letter? COMMISSIONER HALAS: Sure. CHAIRMAN COYLE: You can see what it looks like. COMMISSIONER HALAS: Sure, I think it's -- CHAIRMAN COYLE: If you don't like it-- COMMISSIONER HALAS: I think it's a great idea. I mean, but -- I just wanted to clear the air to make sure that we had an understanding about performance measures, but I think this is above and beyond what the county manager has instructed us to do, and anything that may assist our relationship with the sheriff, I think, is great. CHAIRMAN COYLE: Okay, COMMISSIONER HALAS: So long as he understands-- MR. MUDD: Mr. Chairman, Commissioners, if you take a look at the productivity committee, the letter on the budget guidance that they came back with, they talk about performance indicators as one thing that we need to get -- to improve on. CHAIRMAN COYLE: Okay. Good, good. That's it for me, so anything else from anybody? Page 266 March 22-23, 2005 MR. MUDD: Yes, sir, I think we do, before you hang up, and I'm going to -- one alibi. We were going to talk about Burnt Tree Road and the signal at Royal Poinciana. CHAIRMAN COYLE: Oh, yeah. COMMISSIONER HALAS: Can we do that tomorrow? MR. MUDD: You want to do that tomorrow? CHAIRMAN COYLE: We can, or we can just tell them, hey, set a date and communicate with the city. Is that all we've got to do? MR. MUDD: Yeah. I talked to Mr. Feder about that earlier, and Mr. Feder's here to address it. CHAIRMAN COYLE: Oh, no, no, no. MR. MUDD: No, no, no. He's just going to give you the date. He's going to tell you what the date is, okay, and -- CHAIRMAN COYLE: Oh, okay. MR. MUDD: Because I told him to fine tune his pencil, and please stress that with the board. COMMISSIONER HALAS: Finish that tomorrow. CHAIRMAN COYLE: Okay. Well, let's finish up tomorrow. Everybody's saying this is enough today, so let's finish it up tomorrow, and we'll be done. Thank you very much. We're adjourned (Meeting recessed at 6:52 p.m, and will continue at 9:00 a.m. on March 23, 2005.) THE MEETING WAS RECONVENED AT 9:00 A.M. ON .wEillffiSI)A Y, MARCH 2~, 200~ MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mic. CHAIRMAN COYLE: Thank you very much, County Manager. Would you please stand with me for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Page 267 March 22-23,2005 CHAIRMAN COYLE: We're going to go directly to Item 7(A). County Manager? MR. MUDD: Mr. Chairman, just for the record, this is a continuation from the 22nd March BCC meeting. And it was -- and we've stated a couple of times on the record today that we would continue a couple items from yesterday's agenda to this morning. Item #7 A RESOLUTION 2005-132: CU-04-AR-6278, DOMINICK AMICO OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING APPROVAL OF CONDITIONAL USE FOR A COMMUNITY PARK AS AN ESSENTIAL SERVICE, PURSUANT TO SECTION 2.01.03.G.3.A OF THE LAND DEVELOPMENT CODE (LDC) TO CONSTRUCT A COMMUNITY PARK WITH 75 BOAT TRAILER PARKING SPACES, 21 VEHICULAR PARKING SPACES, AND A BOAT LAUNCH FACILITY ON AN UNDEVELOPED TRACT OF LAND. IN CONJUNCTION WITH THE BOAT LAUNCH FACILITY, THE PETITIONER WISHES TO CONSTRUCT A PAVILION WITH PLAYGROUND, A FISHING PLATFORM, AND BOAT DOCKS. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT THE SOUTHERN TERMINUS OF GOODLAND DRIVE WEST IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST IN COLLIER COUNTY (GOODLAND), FLORIDA- The first item on our agenda is 7(A). This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's Conditional Use 04-AR-6278, Dominick Page 268 March 22-23, 2005 Amico of Agnoli, Barber and Brundage, Inc., representing the Collier County Board of County Commissioners, requesting approval of a conditional use for a county park as an essential service, pursuant to Section 2.01.03.G.3.A of the Land Development Code to construct a community park with 75 boat trailer parking spaces, 21 vehicular parking spaces and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform and boat docks. The property to be considered for the conditional use is located at the southern terminus of Goodland Drive West in Section 18, Township 52 South, Range 27 East, in Collier County, Goodland, Florida. CHAIRMAN COYLE: Thank you very much, County Manager. We'll have ex parte disclosure by the County Commissioners. Commissioner Halas? COMMISSIONER HALAS: Yes, I've had meetings, correspondence and e-mails, and I've also talked with staff on it. And I've had some phone calls also on the subj ect. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, the same. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I was on the Reddy Red Stier show with Marla Ramsey talking about this proposal and received some phone calls and e-mails and general mail type of correspondence. CHAIRMAN COYLE: Okay, thank you. Commissioner Fiala? COMMISSIONER FIALA: Oh, yes. I've received plenty of mail on this, as well as I've had meetings and correspondence and e-mails and telephone calls and have attended meetings down in Page 269 March 22-23, 2005 Goodland to listen in on those things. They've called on me here, as well as in my Marco office. CHAIRMAN COYLE: Okay, thank you very much. And I have also received letters and e-mail, telephone calls, I've met with people on both sides of this issue, and I've talked with staff about it. And all of these public records are in my file for review, if anyone wishes to see them. We're ready to go with the staff presentation? Oh, we want to swear everyone in, please. Everyone who is going to participate in offering testimony for this hearing, please stand and be sworn in. (All speakers duly sworn.) MR. REISCHL: Good morning, Commissioners. Fred Reischl with Agnoli, Barber and Brundage, representing the Board of County Commissioners. Also here from ABB is Dominick Amico, if you have any engineering questions. And from the county, there is Marla Ramsey and other staff from Parks and Recreation Department, if you have questions for them. This request is for a conditional use for a community park as an essential service. As you see on the visualizer, it's located at the southern portion of Goodland. And the zoning on it is VRGZO, village residential with a Goodland zoning overlay. And the future land use element shows that it is within the urban coastal fringe, which is a transitional area between conservation and the urban area. And the Parks and Recreation Department, as directed by yourselves, wishes to construct a community park, including -- including boat ramps and pavilion, playground, fishing platform and some perimeter docks. The plan that you see on the visualizer contains spaces for 75 boat trailer parking spaces and 21 vehicular parking spaces. The main thing to consider on this conditional use is that for a public boat launch facility, this parcel of land is owned by the county Page 270 .~... "._.~_._---<,-...-.,~."""_.""._._....."..,."- '. ^ "...._~- March 22-23, 2005 and it has deep water access. Those are the two -- the two major points. The findings for a conditional use include four findings: Consistency. As I said, it's within the urban coastal fringe, the transition between urban and conservation. Seems like an ideal place to put something where people from -- who live in the urban area come to recreate in the conservation area by using the boat launch, as well as the rest of the park facilities. The zoning is VR, which is mostly low profile, small building footprint residences, and it also allows community parks as a conditional use. The second finding is the ingress and egress. There's one access point to the site, which is up here, Goodland Drive West. As brought up through the neighborhood info meeting and the planning commission meeting, boat trailer traffic is a concern, and that's something that has to be balanced. One of the things that staff came up with, and we have no problem with this at all, is a sign located out on 92 that would let the people driving the boats in know that the lot is full, similar to that up at Wiggins Pass. And that would be controlled electronically from the staff manning the gate at the park. There's also more pedestrian traffic in Goodland than a lot of other areas in Collier County, and that was a concern. We think that this sign will help avoid trailers coming in when the lot is full, having to turn around and go back out, thus minimizing the boat trailer traffic. The third finding is noise, glare, odor and economic effects. The prime use of this site will be during the weekend. And again, that is also the same time that residents will be home from their weekday jobs. However, the main use of the boat launch facility will be morning and evening. It's not going to be a continuous activity throughout the day. Usually morning launching and evening coming back in. Page 271 March 22-23, 2005 And the fourth finding is compatibility. And county staff found that the project is compatible with the surrounding land use at a number of 50 boat trailers. The original petition is for 75, which was the maximum number that we could put on there to maximize the use by boat trailers. Staff found that 50 was more compatible with the surrounding area. The planning commission agreed with county staff and said that 50 was more compatible. COMMISSIONER FIALA: Excuse me, Fred, is this picture with 50 in it? MR. REISCHL: No, that's with 75. The Goodland Civic Association recommended 36 spaces. As you see coming forward to you, we're coming with the 75 spaces. That's what Parks and Rec had said was the direction from you. We're willing to listen to whatever direction you want to go in today. The neighborhood information meeting was held on October 14th at Mackie Park. About 100 people were there. Traffic impacts and -- traffic impacts was the major concern. Some people also spoke that they preferred condominiums on the site instead of a park. The planning commission voted 6-2 to recommend approval with 50 trailer spaces. They also recommended a -- this is a conceptual plan, but they recommended more of a cul-de-sac here so that if trailers do come all the way down there, it would be easier for them to turn around without going through the whole loop of the park. And there was also discussion which, from my recollection was not settled at the hearing, for a sidewalk on one side. As you see, the sidewalk coming off Goodland Drive is along the north portion, which will go to the amenities that most pedestrians would go to, not including a sidewalk along here, which is basically a boat trailer driveway. And that was discussed at the planning commission also. So in conclusion, staff recommends approval with 50 trailers -- oh, excuse me, the two dissent -- the vote at the planning commission was 6-2 for the 50 spaces. The two dissenting votes thought that 36 Page 272 March 22-23, 2005 trailer spaces would be more appropriate at the site. And that's where we conclude this. Fifty recommended by the planning commission, 75, maximize the site, as recommended by Parks and Rec Department. And I'd be happy to answer any questions. CHAIRMAN COYLE: Questions, Commissioners? (No response.) CHAIRMAN COYLE: No questions. Thank you very much. Staff presentation? MR. BELLOWS: Good morning. For the record, Ray Bellows with your Planning and Zoning Department. Petitioner has covered pretty much what I was going to say, did a very good job of explaining the project. The planning commission did vote 6-2 to recommend approval. The Comprehensive Planning Department's recommending approval. There are no environmental issues, so I'd be happy to answer any questions you may have. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Mr. Bellows, I still don't understand the issue of why the recommendations of 50 parking spaces. MR. BELLOWS: Well, I was contacted by numerous residents of Goodland with concerns about too much boat launching facility and not enough park space, based on the current proposed plans. I discussed the issue with my landscape architect on staff, Nancy Siemion, and we worked together to provide some more green space to meet code requirements for landscaping. As you can see on the visualizer, the center of the boat parking spaces doesn't meet code for parking, trees -- and tree islands. We also had concern about traffic circulation, and we came up with a draft plan. And then counting up the spaces on a plan that met the landscape requirements ended up around 50. That was what we felt was an appropriate design that allowed for more park, more green space, more trees. And that's what the planning commission basically Page 273 March 22-23, 2005 upheld. COMMISSIONER HENNING: Are we changing how we review conditional uses and PUD requests or amendments and doing site plan at the time of application? MR. BELLOWS: No, sir, Commissioner Henning. This is a typical process that is done on most projects. Many times the petitioner submits something that's not quite consistent with codes, and during the review process we work those things out. However, due to time constraints, the petitioner did not have time to modify the plans consistent with county staff requirements, and they decided to bring the petition before you as is and let you make the final decision. CHAIRMAN COYLE: Any other questions? COMMISSIONER HENNING: So you're saying it's typical to review site plans at rezone? MR. BELLOWS: Well this isn't a -- excuse me, this isn't a typical site plan, this is a conceptual plan submitted with a conditional use. It's kind of like a mini master plan, a little more detailed. It's still not a site plan. They still have to go through the site development plan process. COMMISSIONER HENNING: Correct. And would that be the time to catch any deficiency of the Land Development Code? MR. BELLOWS: Well, with the conditional use, we're dealing with the use of the land and the use primarily dealing with the boat launching facility. And the concern of the residents was there were too many boat launching spaces. And that's part of the use of the land that we felt that we had to address at this time. COMMISSIONER HENNING: Okay. So I just need to understand the process, because I don't believe that we're consistent with all applications. And I think when government's not consistent, it's not reliable. And I'm sure you based your decisions or your recommendations Page 274 March 22-23, 2005 under certain law that the Board of County Commissioners adopted, and I just haven't seen any -- seen anything in the recommendations that is based on factual information. And, you know, the -- are you concerned about traffic circulation within -- on the island, or are you concerned about traffic on site? MR. BELLOWS: Staff is concerned about both on-site circulation and the result of traffic backing up at an entrance with 75 boat stalls. If you look at the traffic impact statement submitted by the petitioner, there's an example of what the -- and I think I have a copy of that here -- of what the typical car trailer hookup will be. And during the peak hour of movements in and out of there, there is concern that while waiting for the queue to let up, that a normal instance would be that, take a tour through the community and come back around and see if the line has let up. That was something the residents really expressed a lot of concern about to me. I've met with over 20 of them, and they had a lot of concern about traffic going through the community. The average length of a trailer and car is approaching 40 feet, and that's not even a full size -- there are -- the boats, there are some that will be larger. And the movements in and out of there with 75 spaces seemed tight. And given the fact that they were not meeting the landscape requirements between the parking spaces, we felt that we would try to provide some guidance on how to better meet the code. And that's something that we typically do as suggestions. The petitioner is free to agree to those or disagree and come to the board with their recommendations. COMMISSIONER HENNING: So part of your -- because of your recommendations, the concerns was that boaters with trailers would be -- because of the back-up at the ramp would be touring -- leaving the facility and touring? MR. BELLOWS: And the entrance point, too. Page 275 March 22-23, 2005 COMMISSIONER HENNING: And that's based on what expert -- I mean, I just have a problem with your recommendations. It's not based on planning -- good planning decisions. And if this concern is about traffic within the neighborhood, then I think we need to hear from the experts in our traffic department and what their recommendations are and if that is a true valid concern. I can tell you, being a boater, why would I go touring when my goal is to go fishing? Or the goal is to go out in the water. My goal is to get prepared for putting my vessel in the water. MR. BELLOWS: The staffs primary concern was that the parking lot meet county landscape requirements. The plan before you today does not. That was the primary concern of redoing the parking spaces, and that resulted in a less number. COMMISSIONER HENNING: So I hope -- MR. BELLOWS: The side issue was the parking -- COMMISSIONER HENNING: I hope in the future we do site planning at rezone. MR. BELLOWS: I believe we try to work with the applicants to get a plan that's brought to you that is consistent with the code. COMMISSIONER HENNING: And if we're going to do that, then maybe we could cut down the process of site development plan reVIew. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Before I begin, has Mr. Bellows got a presentation he was going to make? I didn't want to get in front of that. Or is he just here to answer questions now? MR. BELLOWS: Yeah, the petitioner pretty much covered everything and I didn't have anything else to add. COMMISSIONER COLETTA: Well, I share Commissioner Henning's concerns also. Back on February 24th and even before that we were talking about 75 spaces when we were making our decisions, based upon, you know, what was going to happen, how it was all Page 276 March 22-23, 2005 coming together. And back in February 24th, meeting then, Ms. Ramsey was quoted as saying, well, honestly every park site has been done in the past has been inadequately (sic). We have Bayview that is currently -- I think it's 42 parking spaces there. I think there's about 20 -- about half of those are boat parking. COMMISSIONER FIALA: Nineteen at Bayview. COMMISSIONER COLETTA: I'm just quoting what she said. It doesn't mean -- COMMISSIONER FIALA: Oh, well, that's -- she's just shaking her head it's 19. COMMISSIONER COLETTA: Okay. And, we'll bring her up in a minute, she can correct it. About half of these are boat parking. They're parking all the way up and down the road, all the way out to Fern. We have not done as a county a very good job of providing parking that goes with the boat access area in any of these facilities. It probably was adequate 20 years ago when we built these but we are now growing and have 1,200 people trailering their boats and we are in a deficit. This was back in February of'04. According to the national standards, we're about 27 ramps in deficit. Will we ever make them up? Probably not. But I think the goal that the Park Department has, as the rest of the county, is to take the existing and try to enhance the existing, looking for some additional locations and trying to ease the pain that we see coming. The thing I'm concerned about is, would I feel bad if it was -- if the parking spaces were reduced when this originally came to us and we were going forward with it and that was the understanding? I'd probably understand it. But I think the commission direction was to try to maximize this as much as possible and still maintain something for the residents. We paid a small fortune of the taxpayers money for this. I don't Page 277 March 22-23, 2005 think at anyone point in time this is going to be utilized on a continuous basis. It's going to be -- but the times that it's going to be needed, the holidays when people get a chance to recreate, those extra spaces are going to mean that many more happy campers out there that have paid their fees, paid their taxes, and would like a reasonable chance to be able to have access to the water. I personally am not excited at all about cutting the spaces down. I have no problem with providing green areas as far as dedicating so many of them to be -- what's the word there, green areas, overflow parking where it could be used -- so it can maintain the ambiance of the area. Maybe keep them green, use those like -- tiles on the ground so the grass can grow through it and be able to use that at times that are needed for the abundance when we reach the full 75 parking places, and still be able to maintain something that gives a real nice appearance from the street. I think that would be an excellent idea to be able to do that. In fact, I don't know if it's even practical to do the whole area like that. But that's my feeling on it. I really do want to be able to provide for the public in the best way possible. CHAIRMAN COYLE: Okay, we got into this discussion because I think there was a question as to whether or not it was appropriate to be dealing with a detailed site plan at this point in time. I'd just like to offer some comments concerning this. It's entirely possible we just deal with the conditional use today and not deal with the site plan at all today. But that means it's going to come back to us whenever there is going to be a dispute about how many parking spaces you have programmed for this site. So I think from a standpoint of making sure the public is completely informed, it behooves us to make a decision what the density is going to be here. It doesn't necessarily mean that we have to decide on what the actual density is going to be, but we should at least put a maximum on it. Page 278 March 22-23, 2005 And I understand Commissioner Coletta saying he would like to maximize it to the extent possible to provide for as many spaces as we can. So if the commissioners -- and Commissioner Henning wants to make a comment about this -- but what I'm really asking is, if we proceed with the discussion, the commissioners can make motions which incorporate whatever stipulations they wish on the conditional use, so we can deal with that and deal with commissioners' concerns through the process of the conditional use and the motions to approve or deny it. Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle, my only point is consistency. And the Board of Commissioners don't review site development plans. I mean, that's a -- that's something that the City of Naples does is the finite uses of it, and I just think it's -- COMMISSIONER COYLE: Well-- COMMISSIONER HENNING: You know, I just don't like this process. CHAIRMAN COYLE: I guess my feeling is that I'm not sure I'm reviewing or approving a site development plan. I'm approving a conditional use with some maximum intensity. COMMISSIONER HENNING: Right. CHAIRMAN COYLE: You know, that's all I think we're doing here. We might find that this plan is not acceptable at all, I guess. The staff might find that to be the case. But I have no desire to get into planning this park either today. But I think we need to attach some maximum intensity to this issue when or if we approve it. COMMISSIONER HENNING: I agree. I agree. CHAIRMAN COYLE: Any other questions, Commissioners? (No response.) CHAIRMAN COYLE: If not, I'll go to the public speakers. How many do we have, Sue? Page 279 March 22-23, 2005 MS. FILSON: Mr. Chairman, we have 22. CHAIRMAN COYLE: Okay, 22. We'll have three minutes each. There was one gentleman who approached me earlier and said he thought that he was in the minority and he was going to oppose this. He'd like to have a few minutes. How many people are opposing this particular -- okay, one, two -- there's quite a few. So everybody's going to get three minutes, okay? So we'll start with the first speaker. MS. FILSON: Do we want to instruct them to use both mics as well ? CHAIRMAN COYLE: Yes, we would. If you will-- Ms. Filson will call two names. If one of you will come to that mic and the other one will line up at that mic, we can keep this moving fairly quickly. As it is, we're going to be here for probably an hour and a half listening to public testimony. I would ask you to recognize that we have read your e-mails, we've read your letters, we've met with you, we understand the concerns. We've gotten letters from the homeowner associations in the area. We have -- we are well aware of the opposition and support for this particular proj ect. So I would ask that you not be repetitious. But you will not be denied the right to be heard. So we'll start with the first -- MS. FILSON: The first speaker is Randy Ward. He will be followed by Arthur Sweatman. MR. WARD: Good morning. I'm Randy Ward with the Marine Industries Association of Collier County. And we are definitely in favor of maximizing this property. We paid four and a half million dollars for it without the improvements. And as the Chairman said yesterday, let's maximize our investment when we make it. As far as boats driving around the neighborhood, I find that Page 280 March 22-23, 2005 fascinating, because most people don't like to tow their trailers in a straight line. The last thing they're going to do is go down streets that they're not familiar with, because the worst thing that could happen to them is to have to make a U-turn because they can't back them up anyway. The design criteria for a boat slip -- for a ramp is about one launch every 10 minutes. The boaters in this county have become very proficient at knowing when to be at the ramp so they don't have to wait long. And they know the different ramps and they know what's a good time to be there, whether it's very early or a little later in the mornIng. And I just find it incredible that they think -- you know, the boaters are having a tough time. 22,000 boats in this county, 12,000 of them are on trailers. They need to go somewhere. I mean it's -- you know, we have the Gulf and we need to make it available to the boaters. The other thing is you -- in your plan you're talking about removing the asphalt or concrete and using shells in the driveways. If you start backing up on shells, I will tell you that your maintenance is going to be incredible. You're going to be constantly filling in holes, because people turn their wheels and literally dig a hole in the asphalt -- in the -- the paver idea, the paver blocks work great. I've seen that in a number of boat ramps. I've used them in projects where we've had to have access for fire engines, so they're plenty strong enough and the grass grows up through them and they look very nice. So for the association and personally, as a certified marina manager, I feel that we need -- we definitely need to maximize this investment. There's another park there but, you know, four and a half million dollars plus the improvements, we need to maximize it. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Next speaker is Mike Barbush. The other Page 281 March 22-23, 2005 gentleman was speaking on something else, so that you know. He'll be followed by Joe Ludwig. MR. BARBUSH: Hi, Jim. Good morning, Commissioners, nice to see you again. I'm Mike Barbush, I live at 690 Palm Avenue West in Goodland. I live one block from the subject property. As past president of the Goodland Civic Association, I was involved in the initial discussions with Marla Ramsey and Parks and Rec regarding the park. I urge you to approve the conditional use for this property with the intention of building a community park and a boat launch facility. This property is located in a residential neighborhood, so please consider the unique nature of life in Goodland in your deliberations. I urge you to follow the recommendations of staff and the planning commission for a maximum of 50 trailer parking spaces, 30 car parking spaces with more green space and enhanced landscaping. We do not need sidewalks on Goodland Drive West. And for the sake of the immediate neighbors, limit the use from 7:00 a.m. to 7:00 p.m. with a gated facility and attendants on the water side and at the gate. Install an information sign on State Road 92 to indicate if the park is full. A well-staffed facility will benefit all of Collier County and those of us in Goodland. As development pressures engulf the county, Goodland has been spared, so far. Now that the county is a major landowner in Goodland with the acquisition of Margood Resort and the park, please be a good neighbor. We share Goodland with county residents and visitors from all around the world at our businesses and restaurants, especially Stan's on Sunday, and we welcome you. I finished work early the other day and took off on the boat to fish the grass flats off of Cape Romano. The peaceful solitude and the beautiful surroundings are truly a gift from God, and it's a gift that we Page 282 March 22-23, 2005 can share. I thought about the poor souls stuck in traffic at rush hour while I was out there floating in Gullivan Bay. I am fortunate enough to be a Goodland resident and have this available to me, and they should also be able to share in this experience. A properly run and maintained facility will benefit everyone. Goodlanders are fiercely dedicated to preserving our way of life, and the emotion and testimony you will hear today is testament to that. This commission has always had a special bond with Goodland and its preservation. The zoning overlay, Donna's tireless efforts on our behalf, Commissioner Henning's help with the Army Corps dredging project and Commissioner Coletta's involvement with the clam revitalization are just a few examples. You've been very fair with us in the past. In conclusion, I urge you to support or to approval the conditional use of this project while balancing the needs of the county and preserving our unique lifestyle in Goodland. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Joe Ludwig. He'll be followed by Donald McCurdy. MR. LUDWIG: I'm Joe Ludwig. I live at 611 East Palm Avenue in Goodland. I oppose the granting of the conditional use for this property. It will only be one more commercial venture in Goodland. You're going to have traffic inundating those roads. The road from 92 in is a winding road. You're going to have to end up widening it. You have a bike path there now . You're going to be cutting into the mangroves. You're going to have more and more traffic. And as time goes on, every year the pressure will increase for the traffic. Goodland is going to lose the historic value that it has. It's going to become just another yuppie community with a bunch of boats going Page 283 March 22-23, 2005 in and out all the time. I would like to make one other comment with respect to the wishes of the people of Goodland. An objective poll, was about 92 percent in opposition to the boat ramps. The latest poll shows a slight margin in favor of the boat ramps. The reason that happened was that a large -- the reason that that happened was that the proponents of the boat ramp floated the idea that Goodland was going to -- or that Palm Point was going to be annexed by Marco. Not that it might be or could be or maybe would be, but that it was a done deal, that when a developer got it you were going to have annexation. It was a scare tactic to change the tenor of the community with respect to that. And you should know that and consider it, I think, when you're voting on the appropriateness of this conditional use. I know the county paid through the nose, four and a half million -- whatever it was you laid out for that property. But whatever it was, you can get it back. You can sell that property and get your money back and put it to good use. May -- everybody says 92. And then when it's raised, what has come back was, well, 92 won't work because there's too much silt in the water or whatever. But nobody has made a good study to determine the appropriateness of 92. And as you know, there's all the room in the world out there for that. I see my time's up. CHAIRMAN COYLE: Thank you very much, sir. MS. FILSON: The next speaker is Donald McCurdy, and he will be followed by a gentleman named Greg. He didn't give a last name but he's on Palm Point Drive. MR. McCURDY: I appreciate the opportunity to address the commissioners. My name is Donald McCurdy. I live down on Palm Avenue at the Point in the little condos out there. There's a misstatement on the sign that's on the property down there. It says community park as an essential service, including providing public access for boating. As you can see from the drawing, Page 284 March 22-23, 2005 it is all -- almost all boat park. You paid 4.5 or something million for this. You've just purchased Margood at two and a half million, so you now have seven million invested in Goodland. I watched the videos of the commissioners when they discussed this when they went ahead with the approval. One commissioner suggested selling the parcel, take the money and invest it. As you know, the -- regardless of what caused the commission to vote at the time, you are now in a very unique position to make some major changes and contribute to successful boating in the southern Collier area. The logic is as follows: Property on Goodland, the little lots that are 45 by 65 feet, are selling for $500,000. That's unbelievable. To sell the park for six to eight million, with restrictions for residential housing or architectural review can be attached to the sale, and it's very conceivable that you can get the six to eight or maybe more for it and keep it residential. The Route 92 -- on the other side of Route 92, that Joe Ludwig spoke of, has a possible boat possibility. Last year I talked to one of the major partners in a design firm in the Naples area, and my background is engineering and construction, so I had the conversation, which was very difficult, but I finally got out how much would it cost to dredge to do all of this. This firm does major work for Collier County. They do bridges and roads and marinas and all of this. The value that we came up with was less than a million dollars. You could put 100 or 200 boats out there. There is a problem. When you go to the dredging, if it is not a suitable material, it has to be taken out and dumped 30 miles out. Otherwise, it can be used for fill. So my suggestion is that you authorize a study to be made, a feasibility study, if you spend 50,000 or whatever it is, to make a study for the use of boat ramps out on the other side of 92. Page 285 March 22-23, 2005 CHAIRMAN COYLE: Okay, sir, thank you very much. MS. FILSON: The next speaker is Greg Bello. He'll be followed by Jo McCurdy. MR. BELLO: I'm in favor of the park. I'm in favor of the use of the boat launch we talked about, the possibility of 22,000 boaters in Collier County that need access to the water. What I'm also in favor of is keeping the density down to about 50. The reason behind that is I talked with some of the dock masters at some of the other county launch facilities and got some information about the situation with cars backing up and positions on certain holidays and certain good weather weekend days. Basically, Goodland is approximately 2,000 feet across, and from the entrance of Goodland by Stan's to the actual park it's closer to 1,000 feet. And if you do the math, and we look at roughly 50 feet per car with trailer, and you consider 75 trailers, the problem with that obviously is that you end up with a number of close to 4,000 linear feet. Now, is it likely that most of these people will show up at the exact same time? Not really. However, there is going to be the use of -- there's going to be a lot of people coming early in the morning. So the reason people like myself would prefer a smaller number and to have it more beautified so it that doesn't take away from our island but instead compliments our island, is because of the fear that the extra 25 trailers will create more of a road problem. The other thing is, is that what they were talking about, the dock masters, was some of the things we could help maximize and optimize the number of spots would be to consider, you know, allowing the park to be used by Collier County residents, since it is -- there is a problem with a number of people trying to get on the water. So instead of just opening it up to anybody from Broward and Dade County, according to the dock master, often there's ten to twelve boats coming from the other coast to use our waters. Page 286 March 22-23, 2005 Well, that would again optimize and make our 50 lots more efficient. So basically, you know, I'm in favor of the park completely. We would prefer it to be 50 over 75, and the reasons for it is to keep the park beautified, to make it a compliment to our little island by 2,000 feet by 2,000 feet, and to make it to be not an inconvenience to the people that live there. My lot happens to be adjacent to the park, so we're going to be directly affected by the traffic situation. However, we welcome the park. We think that it's a good alternative, and we would just like for to you consider, you know, the effects of the parking -- the number of trailer spots so that we keep the park beautified and functional. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is Jo McCurdy. She'll be followed by J.W. Douglas. MS. McCURDY: Hi. I'm Jo McCurdy. I live at 611 East Palm Avenue. Most of you have heard about the conflict going on in Goodland. And it may seem like a tempest in a teapot, but it isn't. The decision you make will determine the life or death of this little community. The residents are divided on their ideas of what would be the best way to retain the unique living environment of this authentic little Florida fishing village. There's basically two groups. One supports the plan for boat docks. It's called a park but in reality it's boat docks with a small park area. And many of the people in this group have been told and believe that if the five acres were sold to a developer, it would be annexed to Marco. The possibility of this happening is almost non-existent. But even if it were true, there's a way to keep anything like that from happening. As the county, as owners of the land, you can put deed Page 287 March 22-23, 2005 restrictions on it. And if it were sold, these restrictions control what the land was used for. The arguments that only boat slips will save Goodland from annexation is not true. The second group believes that boat owners will park in any open space, as they do in every other boat launch area, and that cars and boat trailers will be driving around Goodland, parking in residential areas and waiting for a parking space to open at the boat launch. They're also concerned about the traffic on the narrow road leading into Goodland. This past weekend we counted 327 cars, 116 motorcycles and two sheriffs deputies parked along the road in just the first mile. We couldn't count all the people, but estimated that there were between 800 and 1,000. What will happen when you have at least 76 boats and trailers mingled with the cars, trucks, motorcycles and people already parked on and wandering across Goodland streets? The animosity between the two groups has created an atmosphere here similar to Palestine and Israel. Why? Why does this have to happen when everyone wants the same thing. All the people involved want Goodland to stay the same. No one who lives on Goodland wants a high-rise built there. And the people who haven't been misled and frightened with annexation intimidation don't want a boat ramp either. As was said earlier, if the county used the property, sold it, they could make back the five million they paid, make another five million to go towards building a boat launch that would actually help control the problem. What you're doing is putting a Band Aid on a huge problem. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is J. W. Douglas. He will be followed by Allen Walburn. MR. DOUGLAS: Thank you, ladies and gentlemen. As one of the people most impacted by the project, since I live on the road, I wish to state I want the land to be used for the purpose of a Page 288 March 22-23, 2005 park and boat ramp. Obviously, as a Goodland resident, I prefer to have a minimum of boat parking places, but anything is better than building density. It should be remembered that we can expect many visitors to the area, apart from people with boats, to enjoy a day of fishing and playing in the park. As to increased boats and trailer traffic, I believe it will be inconsequential compared with traffic generated by condominiums. Currently, much heavier trucks hauling giant boats to and from Walker's Marina are hardly noted. Goodland offers the chance of getting away from the overcrowded condominium-ruled cities of Florida, and in its rural aspect an attraction to visitors from all over the country and beyond. This should be preserved. One of the things I object to is the suggestion of putting curbs along Goodland Drive West. Our overlay provides that we can park our vehicles on the swale in front of our homes. We suffer from the problem of only 50-foot widths, so parking is a real problem. Any curbs will prohibit us from the protection we currently have. We do not need sidewalks either. We like the way Goodland is already. Goodland and the peace of Collier County need the open space of this piece of land. The ocean waterfront history of Florida is a disgrace to any civilized nation. It has permitted individuals and corporations to block off access to the common property of the people; namely, free access to the beaches. When we came to Florida in the 1960's, we used to stop at Bonita Springs with its beautiful miles of beaches. For 25 cents, one could drive along a sandy track and park next to the ocean under shady Australian pines. Now that whole area is built over. In the 1970's, we could park anywhere along the seashore at Marco. Now, after access to the beach is denied by condominiums shoulder to shoulder along the beach, people of Goodland have to pay $100 a year for the privilege of doing what used to be free. Page 289 March 22-23, 2005 The days of the old United States have long gone when if you didn't like what you saw, you could move further west or south, as the case may be. I ask you, preserve this tiny scrap of land so our descendants and the inhabitants of Collier County can at least see the water. Thank you. MS. FILSON: The next speaker is Allen Walburn. He will be followed by Nancy Simmons. MR. WALBURN: Good morning, Commissioners. Thank you for allowing me to speak. My name is Allen Walburn. I live at 678 14th Avenue South in Naples, and I'm here on behalf of some of the commercial operators and charter boat interests in Collier County. Collier County was first settled, contrary to a lot of public opinion, not for golf courses but for the water activities. As development has taken hold in Collier County, public access has declined substantially, not only in Collier County but throughout the state. This is a problem that's being dealt with or being looked at all across the state. And it seems to me that you folks have a responsibility to try to maintain the heritage of this county, which is a water-based county. And maximizing the use of this particular park would go a long way to creating or perpetrating that heritage that we all enjoy. I think that you should look at not only this particular area but throughout the county before it's too late. I could certainly understand and am sympathetic to the property owners that are at this particular site, but it's not unique to them. We're all suffering the same consequences in one form or fashion. I assure you, these folks are small potatoes compared to what would happen if you tried to do the same thing at Bayview Park next week. You would have an outcry from Royal Harbor, Port Royal and Aqualane Shores that would silence these folks in two seconds. So it's not unique to them, it's part of our county, and you have to Page 290 March 22-23, 2005 address the needs of the masses at the detriment sometimes of a few. Like I say, I'm sympathetic to their plight, but I don't know any other solution. And I think that it's foolhardy to have this park and not maximize the use for the benefit of the most. As far as boats driving around looking for a parking place -- excuse me, not a parking place, waiting for their launch, boaters are pretty adept at going at less than peak times, oftentimes. And so you'll have people that will go early so they don't get caught in the traffic. You'll have people that will come back early or late so they don't get caught in the -- when their boats are being retrieved. So I just think that you should really look at maximizing the use of this property for" the benefit of the county in its entirety. Thank you so much for allowing me to speak. CHAIRMAN COYLE: Thank you, Allen. MS. FILSON: The next speaker is Nancy Simmons. She will be followed by Edward Fullmer. MS. SIMMONS: Hello, my name is Nancy Simmons, and I've been a property owner, myself and my husband, for 25 years in Goodland, and we live there full time the past five or six years. I want to thank everyone in our country and here to allow us to have the freedom of speech that we so preciously have preserved in our country. I feel the village is -- most of the people would prefer a boat park compared to any large buildings, whether it be mainly condominiums or homes. This is such beautiful waterfront property. Goodland is a fishing community. The people moved there because of the community, the village type atmosphere. Please, don't let us lose the village atmosphere by allowing commercial development and development, as such once, into Goodland, and please maintain the property and pass the conditional permit. Thank you. MS. FILSON: The next speaker is Edward Fullmer. He'll be followed by Deborah Klosik. Page 291 March 22-23, 2005 MR. FULLMER: Yeah, I'm Edward J. Fullmer, 584 Coconut Avenue, Goodland, Florida. As president of the Goodland Civic Association in 2001, the board of directors that year voted 9-0 to support the Board of County Commissioners to settle a lawsuit by a developer to purchase Palm Point property if Goodland would support a park and a boat ramp. The county came to us -- the County Commissioners came to us and the county to approve that, and we did 9-0 . Under the understanding that half of the land would be for the park and half of the boat ramp would be like Caxambas Park on Marco Island, with 36 parking spots and green space for overflow parking. We have not changed our minds, nor have the residents of Goodland. On March 3rd, the planning board voted 6-2 to approve staffs recommendation of a maximum of 50 parking spots. Paul Midney and Ken Abernathy voted no because they wanted only 36 parking spots. After the vote Bob Murray said, if I hadn't thought that 36 would have passed, I would have changed his motion to that (sic). I support staff and the planning board's recommendation of 50 spaces; thirty-six parking to be permanent with open pavers and 14 grass parking spots for overflow on peak days. Donna Reed Carlton (sic) said, the county should be held to a (sic) higher standards on the landscaping of the park. Staff has recommended this for the park because it meets county code. On March 15th, 2001, a new survey was counted and the vote on that day was 119 to 105 for the park and boat ramp. There are four lots alongside of the park that's for sale right now. They're 60 by 90. And the four lots are four million dollars. You paid 4.5 million for 5.2 acres. So you can see the prices in Goodland since 2001 has really quatripled (sic) or went higher. You can't buy a lot in Goodland for less than $500,000 that's 45 by 90, which is not to code. But we had that done in the overlay. The 251 lots, it's nonconforming. Page 292 March 22-23, 2005 The county code is now conforming. I hope you honor the agreement made between the Goodland Civic Association in 2001 and the county commissioners at the time, and pass the planning board's recommendation and a conditional use permit for a park on Palm Point and to keep Goodland historical fishing village. Thank you very much. MS. FILSON: The next speaker is Deborah Klosik. She will be followed by James Graham. MS. KLOSIK: Good morning. I'm Deborah Klosik. I'm the newly elected president of the civic association in Goodland. I'm a landowner and a business owner. I come to you today on behalf of the little silent majority, the children of Goodland. And I'd like to relay a story to you, and I've taken literary -- a little literary expression by writing a little story to relay this information to you. Once upon a time in the tiny village of Goodland there lived lots of children with no place to play. Each day the children would say, what can we do to make a smile today? And the adults would reply, we had hoped to give you a park one day. And again the children would say, but what can we do for a smile today? Day in and day out the chant continued until one day, somewhere in the crowd a small voice yelled, well, just give me a hammer and some nails, and I'll make something, I swear. Soon all the children had hammers and nails and were gathering boards and doors, turning trash into treasure. The children would be seen pushing couches and chairs supported on the wagons and three-wheeled bikes down the street to some secret place. The adults began to ignore these laborious chores and soon forgot that one small voice in the crowd that swore. Time passed until the children could no longer be ignored, and there at the end of the street for all to see in all its glory was their palace, two stories. The children had planned and built a grand tree Page 293 March 22-23, 2005 house. And now the children smiled. Now, you'd think this was the end of the story and it had a happy ending. But alas, in all stories, there can be a twist of fate. Our story began -- our fate in our story began with a single telephone call. And what followed was the sudden appearance of the big, bad, hairy code enforcement guy, and he huffed and he puffed and yeah, he blew that house down. Now, I tell you this as a little levity in the situation, but who would have thought that we had a code that wouldn't allow our children to take some initiative and build a tree house? But we have it. Now our children have to go back playing in the streets, being told not to go there, not to play there. They have no place to play. I hope that you will certainly make an effort and consider that for every parking space that you put in this park for a trailer and truck, that you take away a smile. And in closing, I'd say maybe it's not about catching that one more fish, maybe it's about not maximizing the space, maybe it's about maximizing a smile on a little child's face. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is James Graham. He'll be followed by Dennis Schneider. MR. GRAHAM: Hi, Commissioners. My name is James Graham and I live on East Palm, 656. And I was a board of director on the civic association for seven years. I'm not right now. And I'd like to point out one -- well, two things I'd like to point out. You know, you talk about the value of the land, and it's been pointed out to me that one of the values of that land -- and I'd like to -- it's really the -- no, we the citizens own that land, we know that. I'd like to point out the fact that it's a financial asset of future bonding, that particular piece of land, because the value of that land is going up, up, up. And about seven years ago I think it was about under a million Page 294 March 22-23,2005 dollars it was up for sale -- not probably seven, eight years ago. And today you know what it's worth. It's worth -- what it's worth, and it's going to be worth more tomorrow. And it's just a tremendous asset for us, all of us, for the bonding. So that's -- I guess that's my -- I want to say on that thing. And the other thing that I'd like to say is, like I said before, the road we're talking about, you know, that starts from Stan's around, that's in the overlay district of Goodland, I ran up and down with my vehicle, and the meter tells me it's under four-tenths of a mile. Under four-tenths of a mile. And as I said before, it's a mixed bag what's on that road. What's on that road is VR, residential and commercial property. And then I rode up and down where the commercial property was, and it's just a little bit under point two of a tenth of a mile. A little under -- yeah, a little under two-tenths of a mile is the commercial. So it's actually in -- so that road's aligned with commercial property and VR and residential. What goes up down that road what you hear all the time is boats, trailers, beer trucks, everything. So nothing -- I mean, when this gets approved, hopefully -- because I'm for the conditional use -- when this gets approved, what will change is just a little bit more of everything else. But the character of that road and what goes on there for all these years does not change. And that's a fact. So that's about all I have to say, thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Dennis Schneider. He'll be followed by Colleen Nuccio. MR. SCHNEIDER: Hi. My name's Dennis Schneider. I live at 721 Palm Point Drive. That's the big house that you see on the left there. When we had our first meeting at Mackie Park back in October of last year, I was actually for the county selling the property and Page 295 March 22-23, 2005 having it devoted to some form of low density residential construction. But this is about the county, the county's money. And that money, it should be devoted to the recreational purposes that it was intended for. Because you're responsible to your constituencies. And they have to see that too in Goodland. And for me, for my family, who's going to be impacted more than anyone else there, we also have to see the reality that Goodland is changing, Collier County is changing, and we have a responsibility to the so-called masses, that they have a place to, in quotes, recreate. So I've changed my -- I've changed my position and I am for -- I am for the boat ramps on that property. What I would ask Commissioners Coletta and Henning, who have brought up the very important points today, that this hearing is about conditional use, perhaps it would be possible to make a motion that we follow staffs recommendations to have a maximum density of 50 boat ramps, because that would make me feel, being the resident in Goodland who's going to be impacted most, that something is being done, perhaps through putting more trees in, to make our family feel that we're being responsible citizens to Collier County, that we're helping people who don't live on the water launch their boats, that we'll put up with the noise. But at the same time, that the commissioners see that Goodland has a point, too. That's the most important thing I wanted to say. Thank you very much. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is Colleen Nuccio. She will be followed by Kris Dane. MS. NUCCIO: Colleen Nuccio, 579 West Coconut, Goodland, Florida. I'm a transplant from Illinois for 28 years. My roots took hold in Goodland. I'm a Goodlander. I was on the picket line when we protested Dolphin Cove condos. I was happy when the park -- the property was purchased by the county and we finally have our park. We know that many of your voters in your districts don't have Page 296 March 22-23, 2005 docks and davits in their back yards and they need boat launching spots. But remember, Goodland's a quiet laid-back community. Parking for 50 to 75 trailers, boat trailers, would be a big change for Goodland. I recommend that you ease us into this change with 36 spaces. You can add more as they are needed. And some people want the county to sell the property to a developer. Please don't do that. It's not always about what we can build, it's about what we can preserve. Let's not have another Dolphin Cove on that property. As you come into Goodland, our water tank depicts many endangered species. Our little village is also endangered. Keep Palm Point Park. Keep it green. Keep it for Goodland and all of Collier County. Park, yes. Boat trailer parking, 36. Please. Thank you. MS. FILSON: The next speaker is Kris Dane. He will be followed by Connie Stegall-Fullmer. MR. DANE: Good morning, and thanks for the opportunity to speak here today. My name is Kris Dane. I reside at 1300 Dolphin Road in the City of Naples. I also own a business in Goodland at 385 Angler Drive, which is a full service marina and boat yard with a boat ramp, which we've operated for the past 10 years or so. In my capacity as a director of the Collier County Marine Trades Association, I've becoming familiar with communities' efforts all over the state to provide access to the boating public. This is a hot issue. We're in a growth state. People come down here to enjoy the water and we need to provide public access. This county is in a very good position to do that by owning a piece of waterfront property which should be developed for water-dependent uses, and it should be developed to its fullest extent. My suggestion would be that you consider approving the conditional use with up to 75 spaces, with a provision that 50 be designed and built in a permanent -- with permanent paving, and then the other 25 could be as overflow reserve parking. Page 297 March 22-23,2005 We've heard concerns about the landscaping code by staff. You could further condition your approval that anything that they do there in the final plans have to meet the landscaping requirements of the Land Development Code. Thank you for your time. CHAIRMAN COYLE: Thank you, Kris. MS. FILSON: The next speaker is Connie Stegall-Fullmer. She'll be followed by Debbie Pappy. MS. STEGALL-FULLMER: Good morning. My name is Connie Stegall-Fullmer. I'm president of the Goodland Preservation Coalition, and I live at 584 Coconut Avenue, in Goodland. This is a picture of the Dolphin Cove complex that was originally planned for that parcel of land some seven years ago that we fought against that you helped us on. You've continually been helpful for Goodland's needs, and we're again asking that you do that today, to support and vote in favor of the conditional use permit. I pretty much agree with what Mr. Dane has just said. Marla Ramsey has indicated that her purpose in the number of parking spaces was to accommodate the busiest day of the year when many people are out boating. Most of the time the park will be utilized during the week time with 20 to 30 boaters. It's only on those busiest weekends and holidays that we need to be concerned about the max-out use. The land is there to be used for parking. We would ask, though, that you consider during the -- that we follow the staff's recommendation during the site development process to provide more landscaping and to use the pavers. So I won't go on in any more detail. I pretty much agree with the list of things that Mike Barbush presented. Weare concerned if this property were to be sold, that it would be annexed to Marco City. Commissioner Halas, I especially was concerned yesterday with what happened in your district. A lot of your boaters have lost access to the water. It's a long drive for them to come down as far as Page 298 March 22-23,2005 Goodland, but to provide more water access to Collier County boaters is important. And we are a fishing village, we would like it to remain in the character of a fishing village with a park and boat launch facility. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Debbie Pappy. She'll be followed by Traugott Schmitt. MS. PAPPY: Good morning. My name is Debbie Pappy. I'm a resident of Goodland and a property owner. I'm also the secretary for the Goodland Civic Association and a member of Goodland Preservation Coalition. In addition, I served as a member of the park committee that was formed by the civic association in 2000. First of all, I would like to thank you all for your time to meet with our community and the energies that Jim Mudd and David Weigel and all of you commissioners have given our community. We really do appreciate it. After many years of turmoil and controversy, I'm here to urge you to vote yes on the conditional use permit. The Parks and Recs department has provided a maximum facility. The scope of boat trailer parking is too large. We need more park and less parking. We need more native vegetation protected and more additional vegetation introduced as a buffer for the neighboring residents. Goodland is a historic fishing village. It is a destination, a place unique in Collier County, a place where people can reconnect with the good 'ole days. It is a pedestrian way of life. On Sundays in Goodland, our community swells by hundreds and sometimes thousands of visitors. There is vehicular and pedestrian traffic. This is a fishing village and there are always boats of all sizes being towed through our town. With proper supervision and monitoring of this proposed facility, residents and boaters can coexist. Page 299 March 22-23, 2005 The staff report has stated that this facility should be limited to a maximum of 50 boat trailer parking spaces. Recently the planning board heard our presentation and voted 6-2 for 50 spaces. It is important to note that the two dissenting votes were for 36 spaces, and that Mr. Abernathy stated that we give Goodland a lot of lip service, then go on and do what we want. Yesterday the county gained 29 boat trailer parking spaces at Wiggins Pass. Currently the county is expanding two of its facilities at Bayshore and at 951. V ote for 36 parking spaces, stipulate no widening of roads or addition of sidewalks. Add monitoring at State Road 92. Expand our green space and add a vegetative buffer. Replace the macadam with crushed shell and/or pavers. Finally, make this conditional use permit non-transferable. I urge you to be sensitive to our community. Goodland Park can be a model for a sympathetically designed facility, one that combines the elements of a working fishing village in a community with the demands for boating access. With careful planning, protective review and continued community input, you have the ability to retain our village lifestyle and offer visitors, not just boaters, a destination for today and for the future. Thank you. MS. FILSON: The next speaker is Traugott Schmitt, and he will be followed by Angie Machetto. MR. SCHMITT: That's close, but thank you. MS. FILSON: Thanks. I'm sorry. CHAIRMAN COYLE: Sir, if you'd move that microphone up closer to your mouth. Thank you. MR. SCHMITT: The Goodland Civic Association board of directors voted nine to nothing in July, 2001. You know why I know? Because Marla Ramsey showed me a letter in January of2004. That's two and a half years after Goodland was given up. Page 300 March 22-23, 2005 This is not about boat ramps and it's not about condos, it's about property rights. The commissioners triggered the Bert Harris Act back in November the 28th of 2000, and that created a lot of problems for the commissioners. And I had a lot to say here, but they shut me down to six minutes __ or three minutes. And I've sent all you gentlemen and lady a packet of information. I think there's 18 attachments, whatnot, involved. And I don't want to be up here, I'll tell you that. I know this, that Collier County needs access to the water. But Goodland is not the answer. When votes don't count, when surveys sanctioned by the county are quashed, when community bulletin boards become censored, when ladies are threatened, when freedom of speech on posted signs are yanked and thrown in dumpsters, when you can't walk the streets of Goodland without watching your back, when they want you dead, it's time for someone to step up. Attachment 10 that you have, July the 10th, 2001, Mike Pettit said that he would like to have a letter from our board of directors indicating we would support the park and boat ramp before they go any further with the offer. Why did Assistant County Attorney Mike Pettit need something in writing, a letter from the board of the Goodland Civic Association, before they go any further with the offer? Was it because there was a federal court damages case waiting in the wings? Was this to justify the county spending $4,588,000 for this property? Because if they didn't make settlement, according to the executive summary, paragraph three, Page 78, quote, in the meantime, discovery is proceeding in the federal court damages case and the case is scheduled for a non-jury trial in April of 2002, end of quote. Goodland became a pawn, a trade-in for the county. This executive summary helped county commissioners settle a lawsuit. Were property owners of Goodland misled? You better believe it. It took us two and a half years to find out that there was a nine to nothing vote. Page 301 March 22-23, 2005 CHAIRMAN COYLE: Thank you very much. Do you -- MR. SCHMITT: Ann Machetto will give me a little time, if I can have her time? CHAIRMAN COYLE: Is she a registered speaker? MS. FILSON: She is the next registered speaker. She's indicated that she's going to relinquish her time. CHAIRMAN COYLE: Okay. What I would ask you to do is to tell us whether you support or oppose the park. Reviewing ancient history is not on the agenda today, okay? What's done is done. We're trying to make a fair decision here. Please help us. MR. SCHMITT: I understand that. MS. FILSON: And then the next speaker after this gentleman will be Emilee Lake. MR. SCHMITT: I understand that thoroughly. I completely oppose the boat ramps in Goodland. I think a smart development could come in and it would be a definite asset to Goodland and maybe we can get by. CHAIRMAN COYLE: Okay, thank you very much, sir. MS. FILSON: Okay. After Emilee Lake will be Anne Hess. MS. LAKE: I want to thank you for the opportunity to address you today. My name is Emilee Lake. I live at 425 Mango Avenue in Goodland. I'm a property owner and a year-round resident in Goodland. I have driven all over Collier County, I've also read the real estate section in the Naples Daily News on Sunday, and I'm here to tell you, there's no shortage of condominiums or multi-million dollars homes. What there is is a shortage of park space, open space and boat launch facilities. This morning on Channel 2 the news anchor was reporting on this meeting being held today, and she said, the people of Goodland are against the park because it will bring in unwanted people. That is not true. All of you have been to Goodland. Many of Page 302 March 22-23, 2005 you have been there on Sunday. And I doubt that any of you have ever felt unwanted. You're very much wanted. We realize what we have down there. It's a jewel. Where else are you going to launch your boat and have the option of going deep into the backwater or out into deep water within minutes? There's nowhere else around here you can do that. People have expressed a concern about the road coming into Goodland. I have seen the Budweiser truck coming in and I've seen the Miller truck leaving. They don't seem to have any problem getting by each other. They talk about big boats coming in. Well, they're not going to be launching the Titanic, okay? You're talking about a guy with a truck and maybe a, you know, 16 to 28-foot boat launching. There's no problem getting in. People do it every single day. I'm here to advocate for the park, not so much the parking lot. I'd like to see more park instead of parking lot. Someone mentioned earlier that we have another park in Goodland. I believe they were referring to the Margood property. The closing on that does not take place until March 31 st. And as any one of you who has ever bought or sold property knows, until the closing it's not a done deal. So as it stands right now, the only park property we have in Goodland is located there at Palm Point. I would ask to you minimize the parking, use the maximum amount of landscaping, and make sure that something is included for the children. And also, someone said they don't want Goodland to change. I first moved there in 1972, and I could be here all day long telling you the change that has occurred. There's good change and bad change, there's manageable change. And what we're asking for you is to give us manageable good change. Thank you very much for your time. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Anne Hess. She will be Page 303 , __.~__,_..m " _.-_....__.._......._...'.."._-'...______ March 22-23, 2005 followed by Diane Clark. MS. HESS: I'm Anne Hess. I live at 648 East Palm, directly across from the proposed boat park. I'd like to speak in favor of the community character of Goodland being followed right into this public use of our land. I believe that Goodland is an inclusive community. For years it's been affordable housing for Collier County. And I think that it's a beautiful spot that the entire county should be able to enjoy, not just people with boats and trailers. I think that many people will come to have a spot where they can have a picnic lunch by the water, look out into the Ten Thousand Islands, get a flavor of what the Everglades is like, real Florida, old Florida, not gated communities, not golf courses, not highrises. Something that's accessible for all people. I think that you should balance the park with the parking lot. Fifty spaces is plenty. This is a very small piece of property. I urge you to keep our community character for all to enjoy. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Diane Clark. She will be followed by your final speaker, Jim Kalvin. MS. CLARK: I am here today for myself, but I am also reading a statement from my neighbor. I am Diane Clark and I have had property in Goodland since 1971. So I very much agree with what he said, I won't add my own comments. This is from Rich Pappy, 583 Coconut Avenue. Madam and gentlemen, I apologize for not being able to appear personally for this important testimony. I have asked a friend to read my letter to you on the subject of Palm Point in Goodland. I support the approval of the conditional use permit. Your vote is critical to the future of Goodland. As you've heard many times, Goodland is unique. It is quite literally among the last authentic old Florida fishing villages in Page 304 March 22-23, 2005 southern Florida. Its heritage ought to be protected and preserved for future generations. A vote for the conditional use permit will be a strong step in the direction of preservation, because your vote will demonstrate commitment to green space and open space, and because boating and fishing is what Goodland is all about. There are a few noisy voices in Goodland pressing for the sale of Palm Point. They don't have a heart for Goodland and they don't have a heart for Goodlanders. The price they would have us all pay is the extermination of a priceless and irreplaceable legacy. Goodland is an uncommon oasis of value in a world that is becoming more common each day. It must be protected. Your vote today is about keeping peace in your own hearts for doing the right thing for the right reasons. Think park. Did you know that Naples has almost five acres of public park per 1,000 people, not counting eight and a half miles of public beach? Do you know that Marco Island has 5.6 acres of public park per 1,000 people? That's not counting over three miles of public beach. And did you know that in Collier County there are 5.6 acres of public park per 1,000 people? And that doesn't count miles and miles of public beach. And 787,000 acres in conservation. Do you know how many acres of park land Goodland has? None. No place to play ball, no swings or seesaws for the children. No basketball courts, no tennis courts, no volley ball or badminton courts, no shuffleboard, bocci, no place for exercise or barbecue or horseshoes, no soccer fields, no tracks, no walking paths, no circuit training. Nothing of that. Goodland is not a big town. Indeed, we're a very little town with little streets and little homes and little retired people and little children, 40 of them. Because Goodland is small and because we're already very crowded on the weekends with visitors and because we are a Page 305 March 22-23,2005 pedestrian community, think 36. We will all feel more at ease with 36 spaces. Think park, but think 36. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: Your final speaker is Jim Kalvin. CHAIRMAN COYLE: Jim, were you sworn in? MR. KAL VIN: No, sir, I don't believe I was. CHAIRMAN COYLE: Okay. We need to have you swear him In. (Speaker duly sworn.) MR. KAL VIN: My name is Jim Kalvin. I'm a resident of Brookside, in Naples. I'm also a property owner in Port of the Islands, and I've been a resident of Collier County since 1964. I'm going to first speak very briefly from a personal standpoint. And over the last few years, I think most of the people in this room will recognize that we've lost Wiggins Pass Marina, Boat Haven, Turner Marine, the Hanson Great American Marine property, the Fleischmann property by the city dock. And Bay Marina is half commercial use at this point in time. We've lost a horrendous amount of water access throughout Collier County. I took an informal poll as I listened to the speakers after I came in, and I came up with 16 -- and I only counted the Goodland residents and business owners -- 16 people in favor of the conditional use, three people opposed. I heard one gentleman make a reference to when one vote doesn't count. I'd like that consideration put on the other side of the coin, as the 16 people who are residents or business owners in Goodland want this park. Because there is no place for the kids to go. And as somebody who utilizes Bayview Park extensively in East Naples, I can tell you that the upland portions of the park, the barbecues, the swings, the bathrooms, the picnic tables are utilized fully every weekend. And this will be an invaluable asset, and as one speaker mentioned, an invaluable legacy. Page 306 " ,,_...____..e"~.,.____,_..,'_~__..,,"<_..______"_..__ March 22-23, 2005 Now as the founder and the government affairs chair for Standing Watch, which is the state's largest public boating representative group, I was in Tallahassee last week dealing with one single issue: A boat ramp in Pinellas County. Water access throughout the State of Florida has shrunk to the point to where the denial by the Park Service of one boat ramp became a statewide issue. And that's not unique. We're fighting water access throughout the State of Florida, and it's only recently come to the cabinet level of consideration for every boat ramp that gets permitted. In Jacksonville, Goodby's Creek Marina was a hot button issue for a two-lane boat ramp in Jacksonville to replace a marina that had burned to the ground. It took action by the government cabinet to get a permit through. That's how precious water access is. And this park, which is going to allow boaters who want to go offshore, it's going to minimize travel through manatee areas, through seagrass areas, you're at the Gulf right away. It's going to allow the people who want to go through the backwater access to the backwaters immediately. And for the future of the county, very seldom do you have a chance to make a vote that's going to have such a lasting impression for so long. And this is one of those votes. Please support the conditional use permit, water access and the green space for the residents of Goodland. Thank you. CHAIRMAN COYLE: Thank you very much. That was the last speaker? MS. FILSON: That was your final speaker. CHAIRMAN COYLE: Okay, thank you very much. And I would like to thank all of you for being courteous enough to adhere to the time standards. You've made your points very clearly and you did it within the time allowed. Thank you very much for your consideration. Commissioners, do you have any questions of the public? Page 307 ,,--,,----~..".--..,-- ". --"''''"-'-'-"'~--'- March 22-23, 2005 If you do not, I will close the public hearing, we'll take a break and then we'll come back and begin the debate on this issue. (No response.) CHAIRMAN COYLE: Okay, then I'm going to close the public hearing and we're going to take a break for 10 minutes. Okay? (A recess was held.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mic. Mr. Chairman, it's yours. CHAIRMAN COYLE: Okay, Mr. Reischl, what do you have to tell us? MR. REISCHL: I just wanted to clarify a few things. That the pavers in the conceptual plan that you see here, all the green, we proposed pavers on those. The drive aisles are asphalt. So the design that we have here does include pavers. And I spoke to Stan Chrzanowski at engineering review and he said there was a way to make those grass pavers pervious so that the grass could grow and survive in there, while creating a stable surface for the boats and the trailers. And also, while you're considering the issue, two of the things that -- I know you don't want to micromanage SDP's, but two of the things that if you don't decide on here will affect the SDP would be as I described, the sidewalk on one side. If you don't specify that there would only be one sidewalk, then the sidewalk would have to be built by code along that east side, too. CHAIRMAN COYLE: So you're asking for a conditional use and a variance? MR. REISCHL: Well, I don't want to put it that way, but that's something for you to consider. CHAIRMAN COYLE: Okay. All right, thank you. Commissioner Halas? COMMISSIONER HALAS: Yes, this is for Norm Feder. Have we -- I asked a question during the break to Norm, and that was the Page 308 March 22-23, 2005 width of the road, 92A, going in off of 92. And there's also a couple of curves there as you enter into that area, and all the way to the boat __ can you tell me what the width of the road is? MR. FEDER: Commissioner, I had made the call. I haven't gotten an answer back right now. I don't know the width of it offhand. CHAIRMAN COYLE: Was that your last question, Commissioner Halas? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Mr. Feder, I think you know a little bit about traffic, right? MR. FEDER: I'm going to try. COMMISSIONER HENNING: You know, what is the traffic -- it's not the generator in this case, it's the attractor. Is it the number of parking spots, or is it the boat ramp itself? MR. FEDER: It's the boat ramp itself, the demand. As we've seen in other places, you look at Wiggins Pass, there's the demand in that case to get to the beach, beach access. So it's really the demand. COMMISSIONER HENNING: Ifwe limit the parking on there, would that decrease the traffic? MR. FEDER: To a degree, but not appreciably. The demand is still out there and you'd probably experience what we experience in other places and that is that people would end up -- I think that's where the question came from -- parking along the side of the roadway, waiting for the next spot. And so you don't necessarily decrease the traffic, you actually create some conditions that are less desirable if you undersize to the real demand. COMMISSIONER HENNING: That's probably why we have parking standards for commercial uses -- MR. FEDER: Same reason, yeah. COMMISSIONER HENNING: -- it's a standard that is used Page 309 March 22-23,2005 nationwide. MR. FEDER: That's correct. COMMISSIONER HENNING: The other thing, as far as the sidewalk, would you recommend putting a sidewalk -- or is it really needed next to the -- where the boat trailers come in and are lining up to get into the boat ramp facility? MR. FEDER: Our Land Development Code, and we would recommend sidewalks, yes. First of all, I was told in the middle part -- beginning part of this presentation, in fact, it has a lot of pedestrian traffic in the area. Plus when you have that activity of vehicles moving in and out, if you can separate that out where people are walking, it's to the advantage and to safety . COMMISSIONER HENNING: Okay. So the pedestrian traffic would -- is part of the people driving their trucks and the boats in, or is it tied to the -- MR. FEDER: People coming down there to fish, people with their boats. You have cars being able to park there without a boat, because sometimes they don't come along in a single vehicle. COMMISSIONER HENNING: But the utilization of the sidewalks, is it more for the park or is it also for the people in the boats bringing their trailers down, boats and trailers down? MR. FEDER: I would imagine it would be both. Once they bring their vehicles, the boats in, they then have to be able to walk down to the site. Parking spaces go the full length, so you would try to separate out your walking areas. The other would be obviously anybody trying to access the area on foot or by bike. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Oh, Norm, before you leave, or maybe -- I don't know if I -- no, I'll ask Marla, maybe she can help Page 310 March 22-23,2005 me a little bit. Marla, Commissioner Henning was just talking about sidewalk, and the one you have here shows just on the one side rather than on both sides. I don't even know where it really begins. Does it begin right there at the entrance to the park or what? MS. RAMSEY: For the record, Marla Ramsey, Administrator, Public Services Division. It really starts at the entrance of the park and it goes on the one side. The reason we put it on the one side is we wanted to separate crossing over of the traffic going down to the ramps. There's really no pedestrian reason to go onto the other side of the park. The north side of the park, the sidewalk gets you to all the pedestrian elements: The shelters, the fishing piers, et cetera. If you put it on both sides of the park in this particular case, it really kind of takes you to nowhere and it reduces the native vegetation that we've already got along the edge of the park itself. COMMISSIONER FIALA: Okay. And they were talking about __ somebody spoke about curbs. Are we thinking of putting curbs in the roadways or something? MS. RAMSEY: No, the only curbs that I could be thinking of at this particular moment is if you put in a tree every 10 parking spaces, you put in an island. Normally they want curbing around that island. We find that's a little bit of a distraction to someone who's backing a boat in and out, and they usually go over the top of that curb all the time. And so that's one of the reasons why we didn't really want to get into the site development plan elements of this, because we have to discuss those and talk about what's the practicality of this particular site plan and what we do there. We've tried to eliminate those islands in most of our boat ramp areas because of that issue. COMMISSIONER FIALA: Do you have like the little cement bumper things, that instead of a curbing you would just put there so Page 3 11 March 22-23, 2005 that it kind of tells the boat when you've reached the end of the parking spot? MS. RAMSEY: Yes, a car stop in the front. Yes, we do put a car stop in the front. COMMISSIONER FIALA: Okay. And if you -- just from a Parks standpoint now, what would be the best plan for the park concerning safety? How can we -- how can we find a way that we can maximize the park and yet accommodate all of the boat parking and yet follow -- in order to preserve that -- the heritage of that whole area. One of the gentlemen said something about preserving the heritage of the community, as well as the heritage of boating. And I'm trying to find a way that we can work with all of them. Is there like a phase-in process so we see what needs are? Or what can we do, in your opinion, to do it best? MS. RAMSEY: Well, I think the very best thing that we can do is make sure that we have planned for the maximum day here. And if that means that it's so many that are brick paved in and so many overflow, I don't know that it really makes a difference, as long as we're able to encompass all of those people coming to the community inside the park boundary. That's really the goal of the Park and Recreation Department. Whether they are 50 paved or 75 paved in or the rest of them are overflow parked as a green grassy area, I don't believe staff really cares about that, as long as we are able to capture them. We do not want to repeat 951 Boat Ramp. And as you know, we're putting 84 additional parking spaces there right now. And that will basically get us even at that location. We're buying up lands at Bayview so that we can pull some of those people off those roadways. We just did the same thing over in Cocohatchee yesterday. We need to bring those people into the site, because they do want to launch, and they will try and park somewhere. And we would be poor stewards, I think, if we didn't have enough capacity inside the Page 312 ~-,----'_.- March 22-23, 2005 park itself. COMMISSIONER FIALA: Okay. So -- and we would try and protect the neighbors as well to make sure there's parking on the facility rather than parking all over the streets; is that what you're saying? MS. RAMSEY: That's exactly what I'm saying. COMMISSIONER FIALA: Okay. Now, is there a way that we can -- you've got this first portion here and you say that's all brick pavers, right, with the asphalt going around it, right? MS. RAMSEY: Yes, there's asphalt drives going around it. COMMISSIONER FIALA: Okay. And how many does that accommodate there? MS. RAMSEY: That plan that's on the site right now has 75 parking spaces on it. COMMISSIONER FIALA: No, I mean, how much in that first long strip of parking? MS. RAMSEY: That I'm not exactly sure. I believe that in this section right in here and in this section, if you add these two together, that's about 55. I could show it to you this way, if you want. COMMISSIONER FIALA: So, and that's 55, and you say they'd be pavers. Would it be -- would it be, as far as even safety goes and so forth, if we put pavers in there, left the grassy part in the rest, but that could be overflow parking in the grassy, would that work if we had 50 there? MS. RAMSEY: Let me show you a second plan here. COMMISSIONER FIALA: Okay. MS. RAMSEY: Given the direction that we had from the planning commission, this site here is 55 parking spaces as pavers with grass coming through it, with an overflow area up into the corner where you see that white arrow comes down, it shows an overflow for 25 boat areas in there as well. Page 313 March 22-23, 2005 COMMISSIONER FIALA: And this is direction from planning commission here? MS. RAMSEY: No. Well, given the fact of what they were recommending to you, we wanted to see what that looked like. And this is similar to what it would look like. This is 55 parking spaces designated with an overflow area for 25. COMMISSIONER FIALA: That accommodates everything then, right? MS. RAMSEY: Yes. We can still-- our goal is still to have 75 parking spaces there, and this will accomplish that, this plan right here. COMMISSIONER FIALA: This will accomplish that? MS. RAMSEY: That's correct. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: I need to have you clarify that, because my count doesn't yield 75 parking spaces here. MS. RAMSEY: I'm sorry, one more time? CHAIRMAN COYLE: You just said, I think, to Commissioner Fiala that the plan that is on the screen right now will allow 75 parking spaces. MS. RAMSEY: Correct. Here, let me show you. CHAIRMAN COYLE: Okay. Now, there's 38 on the column to the left. MS. RAMSEY: This whole area right here of all this parking is 55 parking spaces, all of this right here. CHAIRMAN COYLE: Both sections. MS. RAMSEY: Yeah, all three sections -- CHAIRMAN COYLE: Yes. MS. RAMSEY: Provides 55. Then you have a white arrow that shows this area up in here becomes an overflow parking area. And then of course when you go into overflow parking area, they're quite tight, as we do at Caxambas, but we can squeeze 25 in Page 314 ".__._._"._.P__...____.___~.___._"___~.__"_'_M__'_'.__~".._,- -"---------_.~_.."._- "" March 22-23, 2005 this open grassy area right here. CHAIRMAN COYLE: I'm sorry, are you finished-- COMMISSIONER FIALA: Yes, thank you. CHAIRMAN COYLE: -- Commissioner Fiala? Commissioner Halas? COMMISSIONER HALAS: Is -- how is the traffic going to -- what's the compatibility of the traffic going to be on Sundays down there when you have Stan's open and you've got people parking on both sides of the road? How is that going to -- is there going to be any problems getting boat trailers back and forth down that road when people park alongside the road on both sides on Sunday? MS. RAMSEY: Yeah, I understand that it's quite busy down there. I personally have not been down there on a Sunday, but I've seen some photos of the way that it looks. And just as it does now, I think there will be extreme caution. I think that we can educate our people that come into those boat ramp areas, because I believe that they'll be multiple users and they'll be, you know, frequenting it often. So I think you can educate them that on Sundays they have to be very careful about how they come and -- COMMISSIONER HALAS: Well, when they get out of the car, the only place they can walk, because they're almost right next to the mangroves or the -- they're going to be on the -- they'll be walking alongside the street. MS. RAMSEY: Correct. I think that's an issue that exists there today. And I'm not sure that the park is the catalyst of that. I think it's an existing problem on Goodland, but I don't know that there's anyone that wishes us to address that. COMMISSIONER FIALA: I think maybe he was just pointing out that because people are parking on both sides of that road, and in the mangroves they can't park too much into it, so they -- you know, their wheels are still on the road. And I think what Commissioner Halas was saying was that it would be difficult for boats and trailers to Page 315 March 22-23, 2005 get through that passageway. I don't think he was asking you to correct the traffic situation on Sundays at Stan's, just pointing out that it could be a problem to get in and out. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Marla? MS. RAMSEY: Yes. COMMISSIONER COLETTA: You said the planning commission was still allowing for the 75 spaces? MS. RAMSEY: No, I don't believe that they were. I think they were saying that they only wanted 50 parking spaces here. And I'm just giving you a plan where I think I can get 55 plus some overflow on those very peak days that we have. COMMISSIONER COLETTA: So in other words, what you did is you took their plan for the 55, then with the overflow you came back up with the 75. MS. RAMSEY: That's correct. That was the goal, was to still get to 75 and be able to accomplish that. COMMISSIONER COLETTA: How effective would the overflow be? Would it be just as effective as if the spaces were laid out in advance? MS. RAMSEY: No, they're not as effective. I mean, we will have to have staff that will help park on those busy days. But we do plan to have staff at this location anyway. But it will be an operating cost in order for us to guide those vehicles into a proper location so that we can get in as many as we need to. COMMISSIONER COLETTA: The overflow area that you're indicating here, that would be a green area with these pavers, grass pavers? MS. RAMSEY: No, it would just be stabilized underneath with grass on top. COMMISSIONER COLETTA: So if it was utilized on a regular Page 316 March 22-23, 2005 basis, then it would probably look fairly ragged. I mean, the grass would start to give out if it was used for parking on a number of days in a row or during the dry season? MS. RAMSEY: Well, Caxambas -- we use Caxambas during our heavy days and it really does stay green. You probably -- I don't know, you know, the heavy weekend days, there may be 30 days out of the year that you have that really peak day going on. So I think there is time for the grass to heal up in between that. COMMISSIONER COLETTA: But the -- the spaces wouldn't be marked, it would be a case of staff standing there and directing people In. MS. RAMSEY: That's correct. Just as we would for a concert or something else, we'd bring staff in and they actually park them. They tell them pull it in here and bring it up and -- COMMISSIONER COLETTA: And you see that that would-- the overflow is something that you see utilized on the busiest days during season; is that what you're thinking? MS. RAMSEY: During our season, which is not necessarily season. Our heaviest month is actually May. COMMISSIONER COLETTA: Okay. Then I have a couple of other questions, if I may, having to do with the planning council's recommendation. The crushed shell drive, was that something that's practical? I'm not too sure what they meant by that. MS. RAMSEY: We would hope that you would not lay that condition on us for this particular location, because that is a maintenance element. It also provides silt into the -- running down into the water itself. I'm not even sure if it's permittable. COMMISSIONER COLETTA: Then the -- what is the deed restriction we're talking about, that the planning commission was talking about? MS. RAMSEY: Well, my understanding of that, and maybe Ray Page 3 1 7 March 22-23,2005 Bellows can actually answer that better than me, I think they wanted to make sure that if this was sold, that it would have some kind of stipulation on top of it to stay public or a boat ramp, or -- I'm not exactly sure what the entire detail was, though, but so that it wouldn't be high-rise condos or something, I believe. COMMISSIONER COLETTA: Mr. Bellows is nodding his head, so you did an excellent job of explaining that. Those are my questions for now, thank you. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I'm going to go ahead and make a motion. And based upon the site plan, Marla, can you kind of juggle the two site plans back and forth? My concern is when you start -- on this plan you have a separation between the pedestrian park and the parking of boat trailers and vehicles. On the other plan you are mixing the vehicles with the pedestrian area. And I don't think that's personally a good mix. And I would rather prefer the other plan because of that reason. And, you know, spending $4.5 million on this piece of property, I would hate to see us limit our potential out there. So I want to make a motion to approve the petitioner's request for this site. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: For discussion purposes, I'll give him a second now, but I -- CHAIRMAN COYLE: Commissioners Coletta seconds. COMMISSIONER HENNING: The issue of the planning commission's recommendations, I've just got to say that this board cannot tie the hands of future boards with deed restrictions. You could put that in there, but still the -- you know, we all know that we don't have the ability to do that. The issue about the crushed shell, I mean, that's not good for the environment. You start washing down into the water. Anyways, that's my reasoning. Page 318 March 22-23, 2005 CHAIRMAN COYLE: Commissioner Coletta, you had a question in addition to the second? COMMISSIONER COLETTA: I just wanted to -- I talked a little bit about the difference of the two plans, one with the green area. Commissioner Henning's concerns were well stated, that he was worried about the play area, especially for the children, and the parking also being there. But Marla also mentioned, and I'm not sure that she meant it quite the way that I understood, but the staff would be assisting the parking, and also I imagine when people are pulling out would be assisting them too to corrie out of that area? MS. RAMSEY: Probably. It would be for an extended period of time until I assume that it lightens up in the afternoon, and then you probably don't have to help them get out of it either at that point in time. COMMISSIONER COLETTA: So other than seeing an expanse of green that wouldn't have pavers on it, what would be the advantage of having this green area? MS. RAMSEY: Well, for the community itself, they do have some special events that they do. Three, I believe has been requested. Three different times during the year they would like to use this location for their large events. COMMISSIONER COLETTA: I'm glad we brought this up, because when were those times of the years? MS. RAMSEY: I don't have the specifics on that. Do you recall what they are? They are -- they're specific events that they have that they would like to use this facility during that period of time. MR. REISCHL: It was Christmas Bazaar, Easter Egg festivities and Goodland Birthday. COMMISSIONER COLETTA: Just a question. I'm really confused now. We've got another park going on at the other end of Goodland. Now, I understand that that hasn't been carved into stone Page 319 March 22-23, 2005 yet, the final signatures haven't been done. First off, is there any reason that we should suspect that there's a problem with obtaining that park that's really for the residents? MS. RAMSEY: No, I talked to Trust for Public Lands yesterday, John Garrison, and he assured me that they're moving forward. They might be slipped by a week or so by the working with the current owner to vacate some of the location homes on the site at the moment, because we want to make sure they're totally clear by the time we take over ownership. So it might slip by a week. COMMISSIONER COLETTA: Then my question would be, that when that park comes to reality -- and I sure hope it does, I know a lot of people including myself are looking forward to it -- wouldn't that be a better place for community events rather than a public boat ramp and tying it up for three days a year? MS. RAMSEY: One of the goals that we have is to put together a park committee on Goodland. We need to discuss both sites when we bring them underneath our ownership. I probably wouldn't have much of a playground on this particular site when we have the Margood in our hands. We would probably move all those children's activities over to the Margood site, not on the boat ramp element here. But we would probably still have activities for fishing and barbecuing and that kind of stuff at this particular location, but try and pull the children off away from this location. COMMISSIONER COLETTA: Yeah. And the last thing I want to do is deny the children, especially the residents of Goodland, a place to be able to have their community affairs. And I encourage it and I'd like to see it happen. I would like to see us lean towards the second choice. It's -- the island's what, 2,000 feet long, 1,000 feet wide? These parks can't be separated by all that great of a distance. If the other park would accommodate them -- my concern is that we're talking about community events that will probably take place on Page 320 March 22-23, 2005 some of the most busiest weekends of the year when people like to recreate. And so we suddenly take a resource when still have another resource to meet the needs of Goodland, which hopefully it does. If it doesn't, then that changes the dynamics of the whole situation tremendously. I think we need to be fluid on this, so that if we do pull it off where the other park comes to be and the amenities can be put together in such a way that it can meet the needs of the children and the residents of Goodland and hold their community events, that's where it should be. If for some reason that's a physical impossibility, then we have to come back here and figure some way we can amend this to be able to make it work for all the people concerned. But I just -- that's -- you know where I'm coming from on this, Marla. MS. RAMSEY: There's a number of ways you can look at it. I mean, you could say that up to 75 parking spaces, start with so many, phase them in over time. I mean, there's a number of different ways you can look at. If you say 36 max, then that pretty much ties our hands. So I do think there's some flexibility that you can look at that will gain us what we want to see. And of course as we grow in population, it becomes a little more important to have those 75 parking spaces. I think we need to be able to accommodate them somehow on this site. COMMISSIONER COLETTA: When you say the 75 parking places over time, you think it's best that they be dedicated parking places? MS. RAMSEY: I think it can be a mix. I mean, we still can get those cars in there. It's cleaner if it is dedicated, yes. Most definitely is cleaner. But we can accommodate. We can squeeze on those heavy weekend days if we need to. Ifwe ended up with 65, for example, we could still probably squeeze the other lOin the green spaces. Page 321 March 22-23, 2005 COMMISSIONER COLETTA: The motion maker -- and I haven't withdrawn my second yet, but I was wondering if the motion maker might have any consideration that the green area might be a better alternative, based upon what we know now? COMMISSIONER HENNING: I would amend my motion to include up to 75 spaces with -- starting out with 50 and phase in the others as needed. COMMISSIONER COLETTA: Well, that gives me concern, Commissioner Henning, in the fact that if we phase them in as needed, there's always a time lapse there where a number of our residents would not be able to get there. If it was a overflow area then to be able to meet the needs at that point in time, then you could phase in something else. Of course it's kind of hard to reconfigure a parking lot when you have this green area. Now, I suppose it can be done. It looks like it's been chopped up. But you've got the water retention area that has to be redone. So I'm not too sure if you could come back later and take a green area and turn it into a dedicated area. CHAIRMAN COYLE: Urn -- oh, I'm sorry. COMMISSIONER COLETTA: No, go ahead, I'm through. I'm still wrestling with this. CHAIRMAN COYLE: Okay. Commissioner Fiala, then I want to make a comment and then Commissioner Halas. COMMISSIONER FIALA: Okay, fine. So you suggest in the beginning, as you say the need in the future years is going to be for 75, but right now you feel that it isn't; is that what I heard you say? MS. RAMSEY : No, I said for dedicated parking. I still think that you can get your green space area. If you look up there right now between the two plans, between the first and the second plan, you're easily able to move from one to the other, if you needed to. It's a drive __ it's just another roadway in and a reallocation of where your wetland Page 322 _._---------,._---".-._-<_._...~--_. ,,-,,---,-,- March 22-23,2005 is. So I think you can meld the two of them in our site development plan and phase that and show it as future. COMMISSIONER FIALA: So going back to what Commissioner Coletta was saying -- by the way, all of that asphalt, I don't know that that's -- I don't know how other people feel about all of that asphalt on that piece of property, but what Ray Bellows was saying was, according to our Land Development Code, it needs to have more landscaping in there to protect the neighbors in the surrounding areas and to meet our code. And I don't know that that asphalt accomplishes that. And I am concerned about that. I feel that we should be -- Commissioner Henning says repeatedly, we have to go by our Land Development Code -- MS. RAMSEY: That's correct. COMMISSIONER FIALA: -- well, this would be deviating from that. And I think to the detriment of the people in the surrounding areas, right? MS. RAMSEY: Well, actually, I'm not of the opinion that we can't meet the code with the 75 parking spaces. I mean, you might have a little less green space, but we probably still can get to the code issue here, just because it's not detailed at this point in time. This is conceptual. And it's really kind of a bubble. And it can be moved one way or another on the site itself, but you might lose some green space in order to enhance your buffer because the road might need to move over 20 feet. COMMISSIONER FIALA: And I thought you had said to me before about the other park, Margood, that's going to be kind of like a little historical walking park and, you know, and benches, and they're going to preserve that area. But you had said there was not going to be active sports like a swing set or anything in there. MS. RAMSEY: Oh, yes. It's got planned to have a -- it's-- conceptually it has a large playground area, a picnic pavilion, screened as well as unscreened because of the environment there. It will have Page 323 March 22-23,2005 volleyball courts, shuffleboard, all -- COMMISSIONER FIALA: Oh, it's changed, huh? MS. RAMSEY: No, the original plan that we submitted for the Florida Community Trust grant shows all of those elements happening at that location, as well as some preservation of some of the buildings that are existing. COMMISSIONER FIALA: I see. I see. Okay, going back to this one again, I still am concerned with all the asphalt. I think it's great that we -- that the suggestion has come by to phase this in. I think that grassy space can be used for parking. I think that that's a great idea, yet the community can use it in between times if there's -- you said only 30 days a year that they really need all of -- you know -- you know, are the heavy days or the peak days, I think you said, for 30 days a year. But then the community could use the grassy space. You can't play on asphalt and you can't have picnics on asphalt, but you could use the grassy space for, you know, baseball games and stuff like that, community events during the week when nobody's -- you know, not many people are going to be boating. But you can't do that if you've got pavers and asphalt there. Is there a way that we can phase this in so that we can see how much it's used and, you know, plan for the future? I'm not saying don't plan for the future and I'm not saying take any parking away, yet I'm saying park in a more responsible way to -- well, like what did it say, the Marine Industries said accommodate the boaters and the marine industry and yet preserve the community. And I think that there's a way we can do both of that, but I don't think all of this asphalt accomplishes that. CHAIRMAN COYLE: Commissioner Halas has been waiting patiently. I'll let him go ahead and speak and then I want to address the issue. MR. MUDD: Commissioner, can I answer Commissioner Halas' Page 324 "_.._.....__._~"..,,.__"_,_._,~__n_..___-'-- ' March 22-23, 2005 question first? He asked a question about roadway width. They're 10-foot each, there's two lanes and we got 32 feet of right-of-way, okay, so we did get that answered for you. COMMISSIONER HALAS: Again, we have -- each lane is 10 foot wide? MR. MUDD: Yes, sir. There's two lanes. There's a total of 32 foot of right-of-way. COMMISSIONER HALAS: And that's all the way through from 92 all the way to the entrance of the park? MR. MUDD: Yes, sir. I think you were asking about the road that enters the park from Stan's, and I think that's -- COMMISSIONER HALAS: Yeah, because I'm -- on Sundays this would be probably the heaviest use of this park area for people who are boating or going fishing. And I'd want to know what the county is doing, how they're going to address it as a good neighbor in regards to making sure that we have the safety of the pedestrians in mind as these -- the vehicles, whether it's cars or boats, that somebody doesn't get hurt. I'm concerned about the safety, health and welfare of those people down there on Sundays, crossing that road back and forth. If you've been there, they've got motorcycles parked there, they've got cars parked. COMMISSIONER FIALA: You ought to go some Sunday. MS. RAMSEY: Well, I would have to rely on, I guess the Sheriff's office to help us with the safety issues in the roadway itself. I'm not sure that the park is -- is going to have the staff that's going to go down and monitor that, but we would have to work very closely with the SO to make sure that there isn't any speeding or other elements. COMMISSIONER HALAS: It's not even the speeding, it's just the idea of negotiating through that crowd of people. I've been down there many Sundays and it's taken me even with my car quite a bit of time to get around the curve as you're coming from where this marina Page 325 March 22-23,2005 would be and you start to head towards 92 on 92A. There's cars parked on both sides of the road right next to the roadway itself. Because when people exit out of their cars, they're parked off to the side and then they walk down the street to get to Stan's. And so that's what my concerns are. CHAIRMAN COYLE: Okay. Thank you very much, Commissioner Halas. I'd like to ask staff a question. Before -- I want to make sure staff is paying attention. MR. BELLOWS: Commissioner Coyle, I do have a recommendation that maybe will help in formulating your recommendation. The SDP process that will follow the conditional use, we can address the safety issues and the landscape issues. And to ensure that everything meets code we can go for 75, and if Marla agrees, maybe a phasing of a certain percentage in, first 55 or more, or 68, and then -- because the maximum approved is 75, they won't have to come back before the Board of County Commissioners to get the additional parking when necessary, that it's only a site development plan amendment process. CHAIRMAN COYLE: And that was the essence, I think, of Commissioner Henning's original motion. But let me comment about that for just a moment. As you know, , my preference always has been, in view of varying degrees of public opposition to this in Goodland, to sell the property and find some property somewhere else where we could provide perhaps more access to the water. I know the staff has looked at those opportunities, and you are aware of the cost of property at other locations. And before I proceed further, I just want you to give me some level of assurance that you've looked at that and this is the most cost effective way to provide the number of boat launching facilities that you can provide. Page 326 March 22-23,2005 Do you know of another site where you could take the proceeds from the sale of this property -- perhaps as private lots, not as for condominium development, but as private lots -- that would make the residents happy, and then we take the proceeds of that money and buy some access somewhere else that would perhaps serve more boaters? Is that a possibility? MS. RAMSEY: I'm not necessarily a boater, and I do have staff that are boaters that could probably answer this question better than I am. But my understanding is, is that this is a location that takes you into deep water quickly, and we have not found another location that can provide that quality of an experience. CHAIRMAN COYLE: At the same price? MS. RAMSEY: At any price at this moment. CHAIRMAN COYLE: Is that -- you would agree with that, Jim? MR. MUDD: Sir, I mean, we're trying to buy up the property, and, you know, Bayview and subject to the speed zones that are on the bay. And, you know, if they're willing to sell it, we're willing to buy it. And we have that money that we received from Heritage Bay, we haven't used that up in any stretch of the imagination buying up properties. If they're willing to sell them, we'll buy them, but, you know, they're not willing sellers. And we haven't used eminent domain for boat launch facilities that I'm aware of. CHAIRMAN COYLE: Okay. Well, here's a decision that I think we're faced with. We spent four and a half million dollars for this property. Now, is it a wise use of four and a half million dollars to create access for 36 boats, or is it a wiser use to create access for 75 boats? And that's a decision we've got to make, because this is taxpayers money. And we're trying to get as much boat access as we possibly can in Collier County, but there is a cost to be paid for all that. And there are tradeoffs on everything we do. And my concern is that if you start off Page 327 " .- ~~ ."..,.,..~._...."_._._...".., ,,-".----~--~..-,.,...,,". ...-..-,."...---..'"".-.-- March 22-23, 2005 by limiting the number of boat slips to 36, you tie the staff's hands, you have no opportunity to expand it in the future, and I'm wondering if that is a wise use of taxpayer money. And as far as I'm concerned, that is the fundamental question. Now, if we do that, if we make a decision that you could have up to 75 boat launch facil -- or parking spaces for boat launching, then it would be up to the Parks and Recreations (sic) Department to determine the design of that, the most efficient design for that capability. And we really wouldn't get involved in that, as Commissioner Henning has correctly pointed out. It gives you the flexibility to work with the residents to determine whether you phase it in or whether you recommend to the board that it be limited. But there would always be the possibility of a maximum of 75. I find the design on the left here to be a very difficult design to accomplish and still permit reasonable traffic circulation in this area. It gets very, very cumbersome. But nevertheless, my remarks have prompted three more comments by commissioners, so we'll go to the other commissioners now, and Commissioner Henning, you're first. COMMISSIONER HENNING: Not so much your comments -- and of course I do recognize your methodical and logical comments on this issue, and I think it's -- if we charge the people that we hire to do the right thing, not only by the taxpayers but the community, I think we're making good decisions. My question for Mr. Bellows is his revised recommendations. Now, the safety issues would be concerning the traffic on-site -- MR. BELLOWS: That's correct. COMMISSIONER HENNING: -- am I correct? That's the only question I have. Thank you. CHAIRMAN COYLE: Who was next? Commissioner Fiala? Okay, Commissioner Fiala. COMMISSIONER FIALA: That's all right, Coletta. Page 328 March 22-23,2005 CHAIRMAN COYLE: No, you go, ladies first. COMMISSIONER FIALA: I think at this time I want to say that I for one am not trying to limit, because I know the need for it and the price that we've paid for it. I think in my mind what I'm also trying to do is take the community into consideration and try seeing -- or phasing it in. And so I say if you do the first 36 or however many that was that you counted in that line, but yet have ample space for green space parking in case it's needed -- and it might only be needed a few days a year, that's true, but at least it would be there, not limiting. If we find that then in five years that that's really filling up, then you might have to add, you know, more to make your 50 or 55 and yet still have some green space. I think you've done a really good job. As we took a ride around the parks, at Caxambas, for instance, that's just a really good -- as well as Cocohatchee. They're great examples of preparing for a large crowd but only -- having that in mind and yet planning for what is today. And in this way I think you get both. You take the community into consideration and yet you take the boating community into consideration. So I would really like to see us start off with just the 36 or 39, however many you counted in that first line, but certainly prepare for parking on the next. If you find that you need 55 within two years, well, then put those pavers in there so you can do 55 and yet still have some grassy area for the community. To me that seems like it would be the fairest of all. But I'm not saying limit it to 55. If you find that the -- you know, the grassy area is in use, then we have to talk about that again. I'm not trying to limit anybody, I understand how much money we paid for it, but I'm thinking of phasing it in, which seems to be abetter, more community- friendly way to go. CHAIRMAN COYLE: Okay, Commissioner Coletta? Page 329 March 22-23, 2005 COMMISSIONER COLETTA: Yeah, I have strong concerns over phasing it in where we only have 36 parking places available and limited amount on the green area. If it's not utilized for the full 75, what's the difference? It's still going to be the same thing. It's just that those times when 75 spaces are needed, they should be available. I'm still leaning towards the diagram that we see on the left-hand side of the screen where we have the full 75 that -- what is it, 30 of them or 25 would be in the overflow area? MR. MUDD: Twenty, sir. COMMISSIONER COLETTA: Twenty? MR. MUDD: Yeah, she said she had 55 that were in -- there were 55 that were in here but were designated and there could be 20 that would go to the open area. I know she said 25, but 55 and 25 don't add up to 75. So I think she meant 20. COMMISSIONER COLETTA: This gives a little bit for everyone. It gives us all the parking that we could use, it gives a green area that could be enjoyed by everyone, including the people of Goodland, possibly for different events. It just seems to meet the total needs. And some day in the future if it's not working, if staff is finding it very cumbersome to guide the cars into the overflow area and to guide them back out again or if it's determined to be a danger to the kids playing in the play area, then it could be reconfigured, as I believe Marla said, to go back to the original design by just reconfiguring the drainage areas and putting the other parking areas in. My question, and I need to -- well, you need to clarify, the areas that we see in green for the parking area with the stripes on it, is that a grass parking area with the pavers down? So it is a green area. MS. RAMSEY: They're like little donuts with holes in the center. COMMISSIONER COLETTA: Okay. So we're not talking about asphalt from one end to the other. This is a green area with the Page 330 March 22-23, 2005 pavers that allows the grass to grow through so that it helps to break down the parking lot as far as solid pavement. I like that. I'm not too sure, where are we with the motion maker on this? I know you amended your motion, but could you restate it, and I'll make sure I can second it again? COMMISSIONER HENNING: Well, the revision was -- is to phase the project in with a maximum of 75. Not start out at 75 but a maximum. And that would give you more green space but also prepare for the future. COMMISSIONER COLETTA: Yeah, I have to withdraw my motion from that. I thought it was 75 that -- total that would be available in times that we need it. Because my concern is if we're going to be turning away numerous boaters until that point in time that we can get back to this and be able to deal with it -- COMMISSIONER HENNING: Commissioner, it's the same thing. You're still going to have the availability for overflow. COMMISSIONER COLETTA: Okay, you're still talking 75? COMMISSIONER HENNING: Seventy-five is the maximum. And you're still going to have room for overflow, but you're going to phase it in to a much lower level. Let our staff worry about how many spaces it is. Whether there's 36, 37 or whatever, let them decide. COMMISSIONER FIALA: Well, I second that, if you withdrew yours. I think that that's a reasonable conclusion, really. COMMISSIONER COLETTA: I still don't -- I want to make sure I understand Commissioner Henning. Under -- what you're talking about under that particular scenario of events, I'm going down to Goodland, how many parking places would there be available for the boats? I've got my -- I'm towing my boat down, I want to know if I've got a reasonable expectation of making it; how many would I expect to find there, 75 or 30? COMMISSIONER HENNING: I think you're going to find utilization -- say if you're 74, you'll find utilization of 75, but not build Page 331 March 22-23,2005 __ as you see on the proposed site plan, is not build 75, but have the availability for 75. COMMISSIONER COLETTA: Question, one more time, let me try it. The way you're describing it, you would be able to fit 75 boats and trailers on there if you need to at any given point in time? COMMISSIONER HENNING: Correct. COMMISSIONER COLETTA: Oh. I think we're saying the same thing, Commissioner Henning. COMMISSIONER HENNING: I thought so, but that's fine. Maybe I'm not explaining it. COMMISSIONER COLETTA: Well, when you said phase it in, my assumption was that you were talking about starting with only 30 spaces now, increasing it to 40 later, going to 70 at some future date. You're talking about a total amount of spaces that will be able to park there of the 75, if need be. COMMISSIONER HENNING: Right. COMMISSIONER COLETTA: Is that what you understand, too, Commissioner Fiala? COMMISSIONER FIALA: Yes, phasing it in, but making sure that 75 is always the top figure, so that you can always park 75, whether it's a first phase -- COMMISSIONER COLETTA: Always park 75. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Whether it's in first phase or a third phase. COMMISSIONER COLETTA: No problem. CHAIRMAN COYLE: The county attorney wants to make a comment. MR. WEIGEL: Thank you. I think you're getting to a point where I was attempting to find a -- attempt to take you, and that is this is merely a conditional use request. And interestingly enough, for a Page 332 . _""._.___......._~_~_.w,_.~_"."...".... ~ --., March 22-23, 2005 change we're the petitioner. So if you approve a conditional use to a maximum of 75 places, that is the law of this particular conditional use for this site. It doesn't mean by that mere approval alone that it has to be built to the 75. Just as we've seen with other parcels discussed even yesterday where people have had a zoning that allowed them to build far higher than they ever chose to do. And it's the same way here with the -- potentially the 75 spaces. If you approve a conditional use for 75 spaces, it's up to you as the owner and steward to determine, working with staff, how far it should go and when it should go. And to the extent that you wish to put additional management or tools into the conditional use approval, a la stipulations, you may do so. And I would suggest for clarity by virtue of the fact that the staff had a list of many proposed stipulations, some of which it appears you already have decided are not appropriate, such things as deed restrictions and a couple of other points, and crushed shell drive and things of that nature, it appears to me that your discussion is such that you may want to leave this item with some degree of clarity and direction to staff and yet you're still telling them to come back and phase in, in regard to the parking space issue itself. I would ask, if you would like to, to look at the staff recommendations and maybe tick off anything that you wish to further direct them to do, such as -- COMMISSIONER HENNING: Staff recommendations have changed, Mr. Weigel. MR. WEIGEL: I beg your pardon? COMMISSIONER HENNING: The staff recommendations have changed. MR. WEIGEL: I recognize that the major ones relating to the conceptual site plan have. They have some additional ones relating to manatee protection, exotic vegetation plans and things of that nature, Page 333 March 22-23, 2005 which staff can tell you, I would ask that they do tell you, whether it's even required to be directed by you or addressed by you today or not. COMMISSIONER HENNING: We're committed, under the Manatee Protection Plan, to educate the boaters at our facilities. MR. WEIGEL: Right. COMMISSIONER HENNING: I mean, that's a no-brainer. MR. WEIGEL: I mean, these -- some of these may be redundancies to what is already required by our code and by the plans that are in place, but I wanted to make sure that the staff was clear on that as well. COMMISSIONER HENNING: And the petitioner shall provide exotic vegetation removal. You have do that anyways. You know, I mean, it's part of the permit process, monitoring for-- MR. BELLOWS: For the record, some of those conditions were installed in the conditional use because we were not getting the environmental impact statement done prior to the conditional use approval, and we deferred that to the time of the SDP approval. And that was just a concern raised by environmental staff that it be addressed, since it was put off being reviewed at the time of conditional use -- COMMISSIONER HENNING: I'll put it in my motion, but it's part of the law anyways. MR. WEIGEL: Right. Correct. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes, we've got two parks down there in Goodland. We just spent $2.7 million or whatever it was for that one area that we're going to make a park, and we got an investment here of four and a half million. And I think really we've got a park for the residents there. Now we have to look at boat access. And I think that we need to come up with something that's similar to the right-hand side to make it __ design it so that people can maneuver a boat and trailer around. Page 334 March 22-23, 2005 And I think this is the best plan for something of this nature. And I really think that we need to look at 75 units. And it should be available as soon as it's open for everything, and not just haphazardly start parking vehicles all over. You've got this green area, but if nobody has any -- if there's no dotted lines or white lines that people don't know how to park their vehicles, along with a boat trailer. And it looks to me like we've already -- we're going to encompass some vehicles or cars, right, in the plan on the right-hand side? We've got parking spots for cars there also. MR. BELLOWS: That's correct. MR. MUDD: Yes, sir, that's on the top. COMMISSIONER HALAS: So we're going to have 75 boat trailers and then we're going to have parking for additional parking, is that correct, for cars? MR. BELLOWS: That's correct. MR. MUDD: Commissioner, I will also tell you that this won't be the last time you see this, because we'll have to come back to you for design. I mean, we're going to have to come back to you for a construction contract. So you'll get to see all that stuff one more time. COMMISSIONER HALAS: Seventy-five boat trailers. CHAIRMAN COYLE: Okay. It appears to me -- we've got a motion on the table, but it appears to me that you were asking for guidance on really just two things, other than conditional use: One is the sidewalk on one side of this property. MR. BELLOWS: Correct. CHAIRMAN COYLE: And the other one is with respect to crushed shell drives. You were not asking for any guidance on that. Is there any other guidance that you were specifically requesting vis-a-vis the recommendations that are included in the executive summary? MR. BELLOWS: Commissioners, my understanding from the Page 335 _..,<___.----...-'-"-".,.....~.....-----.m.'"...'---.-,.",,__, March 22-23, 2005 motion is that we're going to eliminate Stipulations 11 and 12, which is the deed restriction to keep it a county park. We're going to delete the restriction for crushed shell. And Stipulation 10, we're just going to modify to allow a maximum of 75. And the site plan process, we'll work out all the design issues such as landscaping and traffic circulation. We will limit the sidewalk to one side, which is Stipulation number two. There will be one-sided entry road in, as Marla has described earlier. COMMISSIONER HALAS: Can we also put in the motion that we make a study to make sure that we're going to have safety for the pedestrians down there? Just to make some kind of a study? Maybe we won't have to address it, but I'd like to have that in there just to make sure that -- pedestrian traffic down there on weekends is hamongus (sic). COMMISSIONER FIALA: Well, I second -- I'll put that in my second, if that's part of the motion. MS. FILSON: I have a second. COMMISSIONER FIALA: Pardon me? MS. FILSON: I already have a second by Commissioner Coletta. COMMISSIONER FIALA: No, he withdrew it. MS. FILSON: He did withdraw? COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: The safety issues is with the site plan. MR. BELLOWS: Yes. COMMISSIONER HALAS: No, the safety -- what I'm saying is the safety -- COMMISSIONER HENNING: I know. And you know what? There's violations down there, parking violations. We don't want to get into that, because the issue is, is the element is being consumed by one commercial development down there, and it is what it is. Page 336 March 22-23, 2005 You know, being a boater carrying a trailer, you really watch what's going on around you. And it's not a Sunday drive. You're careful of your surroundings. COMMISSIONER FIALA: I don't think anybody speeds around there, because you can't. COMMISSIONER HENNING: No, you can't. CHAIRMAN COYLE: I bet you somebody tries. Okay, then let's make sure we understand where we are with the motion. The motion is to allow the conditional use with a maximum of75 parking spaces. You're not dividing them up between 75 boat trailer parking spaces and other regular parking spaces. MR. BELLOWS: No, those are 75 boat trailer spaces, and there would still be the 21 parking spaces for standard cars along the north. CHAIRMAN COYLE: And so that would remain, the 21 cars-- MR. BELLOWS: Yes, sir. CHAIRMAN COYLE: -- alone plus 75 boat trailer parking spaces. And with respect to the recommendations of the staff, recommendation number two would require the sidewalk on only one side of the street, and recommendation numbers 11, 12 and 13 would be withdrawn. Is that correct? MR. BELLOWS: Well, 13 wasn't discussed, but do you have an objection to 13? CHAIRMAN COYLE: I'm sorry, 11 and 12. MR. BELLOWS: Yes. CHAIRMAN COYLE: Yes, you're right. COMMISSIONER FIALA: But I think also in the motion was a phasing-in policy. MR. BELLOWS: Yes, there's always that possibility that 75 could be provided at a later date. The first SDP submitted by the petitioner would have the, say, 60 with overflow parking for 75, and then if it turns out the need is that you want all 75 paved at once, that Page 337 March 22-23, 2005 would be just an administrative SDP amendment process and not have to go back before the board. But I see some commissioners would rather see all 75 at once, and that's -- CHAIRMAN COYLE: Two commissioners are frowning at that. Commissioner Coletta? COMMISSIONER COLETTA: I want to go down as a frown. But I -- no, my concern is that I don't have any problem having overflow parking, having the thing balanced out to meet some needs for the residents. My problem is is that phasing them in is only fooling ourselves. We know that we're going to need 75 at our peak demands. We're going to have people out there that are going to be very disappointed when they find out they're number 36 or number 37 and there's only 36 spaces, and they're going to remember the day that they had a chance for the full 75. We have a chance to be able to meet a need. We're grossly under what we need for parking places for boats and trailers for boat launches in Collier County. And I see this as a regressive move if we go with a phasing in. COMMISSIONER FIALA: Marla, did you say that we need 75 right away? MS. RAMSEY: Well, I thought what the motion said was is that we would provide up to 75, whether it was designated or overflow, right from the very day that we opened it. It wasn't going to be phased as such. I think the phasing came into whether they were going to be designated parking spaces, but that the park capacity would always be 75, either through designated or overflow parking area. COMMISSIONER COLETTA: I have no problems with that language. What I'm having problems with is the phase-in. MS. RAMSEY: Correct. COMMISSIONER COLETTA: And it just sounds so regressive to where we were before about the 75. If there's (sic) going to provide Page 338 --------- March 22-23, 2005 75 spaces, regardless, whether they're parking on the grass or parking in the dedicated spaces, I'm fine with it. COMMISSIONER HENNING: And that's what the motion is. COMMISSIONER COLETTA: I know, but the word phasing in does not flow with providing 75. You're saying 75 is the maximum, then you're saying phasing them in. And it's that terminology that's raising me with some concern. And I think Commissioner Halas, too. CHAIRMAN COYLE: Commissioner Halas, do you agree with that position? COMMISSIONER HALAS: Yes. When I look at 75, I would like to have it so you have 75 designated parking spots the day you open that park up. Seventy-five designated parking spots for boat trailers and 21 designated spots for vehicles. COMMISSIONER FIALA: You didn't answer the question before. Do we need 75 the day we open the park? MS. RAMSEY: I believe yes, you need 75. You need to be able to bring 75 vehicles into that facility and find them a place to park. Whether they're designated or considered overflow is the issue. COMMISSIONER HENNING: One more wrench? CHAIRMAN COYLE: Yeah, go ahead. COMMISSIONER HENNING: Stipulation number 13, boat launch facility to be closed during specialty community events, that is just wide open. And, you know, why did you sell the property with that one in it, because it could turn into 365 special events. Part of my motion -- CHAIRMAN COYLE: You want to amend your motion? COMMISSIONER HENNING: Yeah, part of my motion is remove stipulation 13. COMMISSIONER FIALA: You know what, we've got to think about this community just a little bit. They're only asking for three days. COMMISSIONER HENNING: Well, it doesn't say that. Page 339 March 22-23, 2005 COMMISSIONER FIALA: Oh, okay. MR. BELLOWS: We can amend it to say the three days. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: What are the three days? COMMISSIONER FIALA: Christmas day, Easter day -- MR. BELLOWS: Petitioner stated three days. COMMISSIONER HENNING: Yeah, but is it on a holiday, Christmas Eve -- MS. RAMSEY: My conversations with the community has been is that they would be fluid. I mean, they've got three things that they would like to do. Whether they're on what weekend, there's never been a specific date given to us. And my thought was that we would work that date to make sure it didn't fall on one of our peak days. MR. MUDD: Mr. Chairman, the events were Christmas, an Easter egg roll and the Goodland -- the birthday. MS. RAMSEY: Correct. And I don't know that it needs to take up the entire site, either. We could probably just barricade certain areas of it off and still allow ramp use in the first parking area, for example, during those days. COMMISSIONER HENNING: Instead of that stipulation, why don't we say Parks and Rec will accommodate the three special events of the Goodland residents. COMMISSIONER FIALA: Okay, I can handle that in my second, as long as that's clear -- do you understand what he just said? COMMISSIONER HENNING: Will accommodate. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: One concern. I have no problems with accommodating. But the thing is, if we've got another park that's a short distance away that would be able to meet this need, that's where this should be directed to. And this should only fall back is if this other park falls apart and doesn't happen, then we have to be Page 340 March 22-23, 2005 able to meet the needs of the residents in Goodland with this particular facility . COMMISSIONER FIALA: Well, that's exactly what Commissioner Henning just said -- COMMISSIONER HENNING: Accommodate them. Doesn't mean here. COMMISSIONER FIALA: -- and that he's working with Parks and Rec and whatever will accommodate these -- COMMISSIONER COLETTA: Okay. As long as we're understanding that this isn't a definitely this is the place it's going to be. COMMISSIONER HENNING: Correct. COMMISSIONER COLETTA: Okay, fine. Go ahead. I didn't mean to keep interrupting you. CHAIRMAN COYLE: I think we have a cohesive motion. Is there any question at all at this point in time about what the motion provides? (No response.) CHAIRMAN COYLE: Everybody is okay with that. Okay, we've restated it, we've amended it, and I think we're okay. Commissioner Fiala? COMMISSIONER FIALA: Well, yeah, just to make sure. We did say phase it in but a limit of 75. CHAIRMAN COYLE: No. COMMISSIONER HALAS: No. COMMISSIONER FIALA: Did we not? We said phase it in, right? Depending on what our needs are. That's right. I just want to make sure, because that's what I thought the motion was, that's what Commissioner Henning thought the motion was. CHAIRMAN COYLE: Okay, well, let's-- COMMISSIONER FIALA: With a limit of75. CHAIRMAN COYLE: -- clarify that. Because I heard Page 341 -_._,.'"'"'"-,..-..-.....--,.,..~.,._.,_.._-".,. March 22-23, 2005 Commissioner Coletta and Commissioner Halas say we want to have 75 defined parking spaces when this park -- COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: -- opens up. COMMISSIONER FIALA: But that was not the motion. COMMISSIONER HENNING: They wasn't (sic) the motion-maker -- they were not the motion maker. CHAIRMAN COYLE: Yeah, I understand. But I was uncertain as to whether or not you had modified your motion to accommodate that. COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay, you have not. Okay. COMMISSIONER HENNING: Let's vote on it. And if it fails, somebody else can throw something else on it. CHAIRMAN COYLE: All right. MR. BELLOWS: Just one point of clarification. Part of the requirement is to attach a conceptual site plan. And we have two here. I would prefer if you would also designate the original site plan to be attached, which is closest to, I think, the intent. And we can -- if the motion includes a phasing, we could still work with that plan for phasing. The -- also, the other condition is that all parking has to meet county code. I think, which goes without saying. I just want to make that clear that all parking will meet county code. COMMISSIONER HENNING: Mr. Bellows, do you see any deviations, asking for any deviations to the parking -- MR. BELLOWS: Well, technically the over grass parking is not allowed by the LDC. And I just wanted to put that on the record, that grass parking's not allowed for these types of uses. COMMISSIONER FIALA: But we do do that in all the other parks. MR. BELLOWS: For churches you can -- Page 342 March 22-23, 2005 COMMISSIONER FIALA: Well, I mean, we do that in the other parks as well, right? Caxambas, Cocohatchee? Yes. Okay, I just wanted to make sure. CHAIRMAN COYLE: Yes, Commissioner Coletta? COMMISSIONER COLETTA: I have never been so frustrated sitting here with the terminology phasing in and guaranteed 75 at the day of opening. It just seems so contrary to one statement to the other. I still haven't got a clarification. I'm not going to be able to vote for the motion. CHAIRMAN COYLE: Well, I think that Commissioner Henning has verified that he was talking about a maximum of 75 with a phasing-in. So let's call the question. All in favor of Commissioner Henning's motion -- and by the. way, this takes four votes. All in favor of Commissioner Henning's motion for a maximum of75 with a phasing-in schedule, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, two votes. The motion fails. Commissioner Henning and Commissioner Fiala voted in the affirmative and-- MR. WEIGEL: Would you take the vote for the negative, for the record? CHAIRMAN COYLE: Yes, okay. All those who oppose, please signify by saying aye. Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: That's Commissioner Coyle, Commissioner Halas and Commissioner Coletta. Okay, does somebody else have another motion so we can bring this to a conclusion? Page 343 March 22-23, 2005 COMMISSIONER COLETTA: If I may. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I would like to go with the option on the left side of our screen that provides for a max for 75 parking places, and 55 of them, is it -- MR. MUDD: Yes, sir. COMMISSIONER COLETTA: -- would be marked parking places, and the additional ones would be in the green area where staff would assist them in the parking. CHAIRMAN COYLE: Is there a second? COMMISSIONER FIALA: Yes, I'll second. CHAIRMAN COYLE: Okay. Commissioner Fiala seconds. I'm sorry? COMMISSIONER HENNING: No, Commissioner Fiala was asking me a question. And I guess it's due clarification. You know, flex -- I was just trying to give flexibility. And here we're not flexibility. We're saying we're only going to do the one on the left. And what I'm saying is you have the one on the left, you have the one on the right, you have the one in the center. CHAIRMAN COYLE: And a dozen others. COMMISSIONER HENNING: And a dozen others. And it's just allowing our employees to do their job. COMMISSIONER FIALA: Yeah. I'll withdraw my second. I totally agree. COMMISSIONER COLETTA: Okay. And I'll rephrase my motion, if I may, that we come up with a -- 75. The maximum 75 spaces be allowed from day one when it opens, and staff will make the determination of the configuration in the green area and what happens there. And then all the other conditions, including the items that we removed would stay the same as Commissioner Henning's original motion. CHAIRMAN COYLE: Okay. Is there a second to that motion? Page 344 ~-"~._"~"~.""""-'" '.'~ .", ,~-~"-,- ..,"- _.,...._~-,._,.- March 22-23, 2005 COMMISSIONER HENNING: I'll second the motion. CHAIRMAN COYLE: Second by Commissioner Henning. Commissioner Halas? COMMISSIONER HALAS: The 75, is that a total for boats and cars, or 75 boats? COMMISSIONER COLETTA: No, I'm sorry. 75 for boats and trailers and 22 for the -- MR. BELLOWS: Twenty-one. COMMISSIONER COLETTA: -- cars, yes. CHAIRMAN COYLE: And it includes all the other stipulations? COMMISSIONER COLETTA: All the other stipulations we agreed to before. COMMISSIONER FIALA: Except that 11 and 12, right? CHAIRMAN COYLE: And 13 was modified. COMMISSIONER FIALA: Yeah, to let staff work with them. COMMISSIONER HENNING: Yeah, there was another one, though. CHAIRMAN COYLE: And the sidewalk. COMMISSIONER HALAS: And the sidewalk. COMMISSIONER COLETTA: And the sidewalk on the one side. CHAIRMAN COYLE: Okay, we have a second-- COMMISSIONER FIALA: Yeah, Commissioner Henning. CHAIRMAN COYLE: -- by Commissioner Henning. Okay, any further discussion? COMMISSIONER FIALA: Yeah, I want you to repeat it one more time. CHAIRMAN COYLE: Who, me, repeat it? COMMISSIONER COLETTA: Go ahead, repeat it. COMMISSIONER FIALA: Anyone. CHAIRMAN COYLE: As I understand the motion by Commissioner Coletta, it is to recommend approval for 75 parking Page 345 March 22-23, 2005 spaces for boats and trailers, 21 parking spaces for -- COMMISSIONER COLETTA: Twenty-two. CHAIRMAN COYLE: Twenty-two? COMMISSIONER FIALA: No, 21. CHAIRMAN COYLE: I think it's 21. Twenty-one parking-- MR. BELLOWS: Twenty-one was what they originally proposed. COMMISSIONER COYLE: Twenty-one for vehicles alone. And the following modifications to the stipulations: Number one, the sidewalk will be approved for one side; stipulations 11 and 12 will be withdrawn; and 13 will be modified to reflect three special community events that will be coordinated with Parks and Recreation. COMMISSIONER COLETTA: Correct. COMMISSIONER FIALA: But now that beginning part, you said 75 spaces -- COMMISSIONER COLETTA: Be available from day one. COMMISSIONER FIALA: -- be available. But what is it? COMMISSIONER COLETTA: Staff would configure the best possible way to do it. In other words, green area or marked spots. COMMISSIONER FIALA: And you referred to the left-hand side? COMMISSIONER COLETTA: Well, I did originally, but then Commissioner Henning brought up some very good things about the fact that these are all conceptual and staff should have some ability to be able to fluctuate. My concern is that we come up with the full amount of the parking places when needed and still be able to meet the needs of the residents. COMMISSIONER FIALA: That was kind of like the blended -- blending in, right, in the beginning, phasing in? Same thing, right? COMMISSIONER COLETTA: No, no, no. The way it was stated before, it was going to be phased in. Page 346 March 22-23, 2005 COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: In other words, it start off with a smaller number and grow as time went along. This will allow for the full 75, if needed. COMMISSIONER FIALA: If needed? In other words, you want to put them in immediately? COMMISSIONER COLETTA: In other words, people will fill up at 75 people are there, that's it. COMMISSIONER FIALA: So you want the -- on the right here? COMMISSIONER COLETTA: No. COMMISSIONER FIALA: Yes, that's 75 immediately. COMMISSIONER COLETTA: So is the left. The left is overflow parking. COMMISSIONER FIALA: Yes, and that's right, but-- COMMISSIONER HALAS: But you don't have any -- COMMISSIONER HENNING: Marla, will you sit up here and make a motion for me? I'm going to leave. You know, this is ridiculous -- COMMISSIONER FIALA: I mean, I just want to get clear -- COMMISSIONER HENNING: I'm going to start using County Manager's terminology. COMMISSIONER COLETTA: That's fine, because I just went through this a few minutes ago with -- THE COURT REPORTER: Excuse me, there are several people talking at one time. COMMISSIONER FIALA: Yeah, I just wanted to get clear. I know when you first said it, you said about the -- COMMISSIONER COLETTA: I did, and-- CHAIRMAN COYLE: One at a time. One at a time. COMMISSIONER FIALA: I can't vote on it unless I know what we're talking about. So -- but that's about exactly what Commissioner Henning said, Page 347 March 22-23, 2005 75 is the limit. I mean, we've all agreed that that's the limit, right? And that we always have to be able to accommodate that, even if it's on the 4th of July this year. Right? I mean, whether it be on grassy space or not, we have to be able to accommodate 75; is that correct? COMMISSIONER COLETTA: That's correct. COMMISSIONER FIALA: Is that what you just said? COMMISSIONER COLETTA: That's what I just said. CHAIRMAN COYLE: Yes. And if I could clarify-- COMMISSIONER HALAS: And 21 car parking spots. CHAIRMAN COYLE: And 21 car parking spots. And tell me if I'm wrong, Commissioner Coletta, if staff determined that the diagram on the left would provide 75 boat and trailer -- or car and trailer parking spaces, plus 21 vehicle parking spaces, that would be perfectly acceptable -- COMMISSIONER COLETTA: Well, yeah. CHAIRMAN COYLE: -- from day one, correct? COMMISSIONER COLETTA: As Commissioner Henning mentioned a little while ago, this should be -- this is an item that's best left up to staff. CHAIRMAN COYLE: Yes, the design. Okay. Do we understand? Everybody understand? COMMISSIONER FIALA: I don't know if I'm -- I just want to make sure, because this is so important. COMMISSIONER COLETTA: It is, it's very important. COMMISSIONER FIALA: And if I vote on something and I'm not exactly sure -- so in other words, if staff feels in the beginning they want to install 39 parking spots and have this overflow parking and then if they find two weeks later that they really need to build 55, then they put the other pavers in? COMMISSIONER HALAS: No. COMMISSIONER COLETTA: No. I'm not concerned with where the people park, it's just that we get 75 boats and trailers into Page 348 March 22-23, 2005 this park on day one. COMMISSIONER FIALA: So you're not concerned if it's like paved over and all of the spots are there and ready, you're concerned that -- COMMISSIONER COLETTA: That we meet a need of75. MR. BELLOWS: For the record, just one other point of clarification is that -- COMMISSIONER COLETTA: Be real brief on this. COMMISSIONER HENNING: Do we need this? MR. BELLOWS: We thought Coconilla was bad yesterday. The 75 is contingent upon the county being able to a obtain all the state permits, too. So I think what we're looking at is a maximum. And then leave it to staff and we'll just pick one of these two site plans and that should be it. COMMISSIONER FIALA: Well, no, I don't want you to just pick one of the two site plans. I mean, I don't like that one on the right. And so if we're doing that, I'm not going there, okay? MR. BELLOWS: I understand. COMMISSIONER FIALA: So -- yeah, I don't mind having that green space, I think that we should have green space, but I don't think that we should initially begin with 75 parking spaces already built in there. Even staff themselves admitted that -- and suggested it should be no more than 50. And -- because of the difficulty in turning around and so forth. And I'm having a problem with this now. Green space is good, and if we have that, and if we use that as overflow as we do in the other parks, I'll go along with it. If we're not doing that, if we're going to pave it all over right away, I don't go along with that. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: We have got 22,000 boats in Collier County that are registered. COMMISSIONER FIALA: 12,000. Page 349 March 22-23, 2005 COMMISSIONER HALAS: And we lost some -- COMMISSIONER FIALA: Twelve thousand. COMMISSIONER HALAS: No, I think it's close to 22,000. COMMISSIONER FIALA: He said 12,000 boats on trailers. COMMISSIONER HALAS: But we have 22,000 boats that are registered in Florida. Now we've got 12,000 boats that may be on trailers. We're looking for 75 spaces here out of the 12,000. COMMISSIONER FIALA: And all of us have agreed-- COMMISSIONER HENNING: I'm going fishing. COMMISSIONER FIALA: -- that the park should be able to have 75 spots, right? COMMISSIONER HENNING: I'm going fishing. COMMISSIONER HALAS: The day this is open, it better be 75 marked spaces for boat trailers and 21 for cars. That's it. CHAIRMAN COYLE: Okay, we have-- COMMISSIONER FIALA: Is that what your motion says, Commissioner Coletta? COMMISSIONER COLETTA: No, it doesn't. CHAIRMAN COYLE: Okay, we have a motion on the floor. If you understand it or don't understand it, I'm going to call the question. We're going to vote on this thing, okay? All in favor of this -- Commissioner Coletta's motion, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. All those opposed? COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. Okay, it doesn't pass. All right. I'm going to make a motion. COMMISSIONER FIALA: I don't like yours either. Page 350 --------.,..""'..---.- ... March 22-23, 2005 CHAIRMAN COYLE: I'm going to make it. I don't hear -- but this is ridiculous. I recommend we just sell this property and take this money and go get some boat parking. I think we can accommodate more boats somewhere else. We'll just have to find it. And we'll take the money and go do it and stop all this stuff. So I don't know if there's even a second for that, but that's what I would do. COMMISSIONER FIALA: Okay, so then I'd like to make a motion. And my motion will be that we plan this park with the community in mind, and I say phase in and build the dedicated parking spots for at least 39, unless staff feels that they need to start off with 55, and so we see the map on the left side of the screen and what it would look like with the overflow of parking there to hold 75 boats, ifnecessary, on the -- and if we need on a couple days a year, we'll have it; obviously you're not going to need them all the time -- and with the 21 parking spaces, eliminating number 11 and number 12 and modifying number 13. CHAIRMAN COYLE: Is there a second? (No response.) CHAIRMAN COYLE: It dies for lack of a second. Commissioner Halas, did you have your light on from before, or are you asking a question? COMMISSIONER HENNING: I make a motion -- CHAIRMAN COYLE: This item has failed. COMMISSIONER HENNING: No, sir? CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: I make a motion that we take a lunch break. And I think this will give us some time to clear our minds -- CHAIRMAN COYLE: All right, it's time. COMMISSIONER HENNING: And come back. CHAIRMAN COYLE: It's time. Page 351 March 22-23, 2005 We'll take a lunch break, and we'll be back here at 12:55. (Luncheon recess.) CHAIRMAN COYLE: Okay, we're back in session now. We hope to get a county attorney and a county manager here very shortly. But we're going to proceed. COMMISSIONER FIALA: Margie's here. CHAIRMAN COYLE: Okay. You'll do. (Laughter. ) CHAIRMAN COYLE: Now, anybody want to volunteer to act as a county manager? Okay, Mr. Schmitt in the back, okay. We're going to resume our discussion. The public portion of this hearing has been closed. Commissioner Fiala? COMMISSIONER FIALA: Yes. I would like to make a motion. I think it was good that we had a little time to clear our heads. Yes, I'd like to make a motion -- I think we were all saying about the same thing -- to approve the conditional use with a maximum of 75 boat trailer parking spaces and 21 car parking spaces, and let county staff work out the design and come back to us then at the proper time to submit that. CHAIRMAN COYLE: Okay, we have a motion. Does that-- COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Excuse me, does the motion include the changes to the stipulations? COMMISSIONER FIALA: Oh, thank you. Yes, eliminating Stipulation 11 and 12 and having staff work out 13 with the community . CHAIRMAN COYLE: And also the sidewalks on only one side. COMMISSIONER FIALA: Yes, yes. Thank you. And no crushed shells. COMMISSIONER HALAS: How about enhancements, landscaping enhancements? Page 352 March 22-23, 2005 COMMISSIONER FIALA: That is in there, isn't it? Yeah, I hope so. CHAIRMAN COYLE: Okay, we have a motion by Commissioner Fiala, a second by Commissioner Halas. COMMISSIONER HALAS: And that my second also reflects what the motion-maker made in regards to the added requirements. CHAIRMAN COYLE: All right. Are there -- well, Commissioner Henning, you have a comment? COMMISSIONER HENNING: The landscaping, the stipulations are per code, per Land Development Code, correct? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: That's the stipulations? Well, Commissioners, and maybe County Manager can correct me if I'm wrong, I think we're all saying the same thing. We're all saying that we want to provide for the residents over there, we want to provide for the public. We want to get our bang for the buck. MR. MUDD: Yes, sir, that's what I heard this morning as far as the conversation is concerned. COMMISSIONER HENNING: So I think it fits everybody's needs, and hopefully we can get beyond this motion. CHAIRMAN COYLE: Okay. Let me try to restate it and see if I'm right, that it's a motion for approval of the staff's recommendation, but with a maximum of 75 vehicle and -- COMMISSIONER FIALA: Boat trailer. CHAIRMAN COYLE: -- trailer parking spaces and 21 vehicle parking spaces, and with appropriate modifications to Stipulation number 2 to permit the sidewalk to be placed on one side, the elimination of Stipulations 11 and 12, and a clarification that number 13 will include only three special community events. Have I missed anything? COMMISSIONER HENNING: Yes. COMMISSIONER FIALA: And letting staff -- Page 353 March 22-23, 2005 CHAIRMAN COYLE: Well, that's -- I think that's implied, because, you know, you're approving their recommendation, right? Do you need more guidance than that, County Manager? MR. MUDD: No, sir. The last one, 13, is to accommodate three special events. CHAIRMAN COYLE: Yes, that's right, we did that one. Commissioner Henning, Commissioner Coletta has his light on first, if you don't mind. COMMISSIONER COLETTA: I think I'm the only one that's got his light on. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER COLETTA: I just wanted to clarify, so what we're doing is we're -- it's going back to staff and it will come back to us at another time for the -- but where the direction we're giving is 75 maximum. We're not -- we're phasing them in, we're not stating the green area, we're leaving it up to them to come back and present it to us. COMMISSIONER HALAS: That's correct. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: Commissioner Henning, you have something to say? COMMISSIONER HENNING: No. COMMISSIONER HALAS: Don't muck the waters any more. CHAIRMAN COYLE: Okay, no further discussion. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: All opposed by like sign. (N 0 response.) Page 354 March 22-23, 2005 CHAIRMAN COYLE: I still think we ought to sell it, but there's no chance of that being approved, so I'm supporting it. MS. FILSON: So it's a 5-0? CHAIRMAN COYLE: It will be unanimous. MR. MUDD: Ladies and gentlemen -- I'm all choked up. Ladies and gentlemen, if you'd please exit the room quietly, we're going to continue the meeting. Item #7C RESOLUTION 2005-133: PETITION V A-2004-AR-7003, HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., REPRESENTED BY BRENT MOORE, AICP, OF WILSONMILLER, INC., REQUESTS A I-FOOT AFTER-THE- FACT VARIANCE FROM THE REQUIRED 5-FOOT WIDE SIDEWALK STANDARD PROVIDED IN SECTION 6.06.02 OF THE LAND DEVELOPMENT CODE (LDC) TO ALLOW THE CONTINUED USE OF THE EXISTING 4-FOOT WIDE SIDEWALKS LOCATED WITHIN THE CARSON LAKES Mr. Chairman, Commissioners, the next item is 7(C). This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's variance 2004-AR-7003, Habitat for Humanity of Collier County, Inc., represented by Brent Moore, AICP, of Wilson-Miller, Inc, request a one-foot after-the-fact variance from the required five-foot wide sidewalk standard provided in Section 6.06.02 of the Land Development Code, to allow the continued use of the existing four-foot wide sidewalks located within the Carson Lakes subdivision Phase II. CHAIRMAN COYLE: Is there a motion to approve? COMMISSIONER HENNING: So moved. Page 355 March 22-23, 2005 COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to approve, seconded by Commissioner Coletta. MR. MUDD: Do you have to do -- David? MS. FILSON: You have to do ex parte and swear in. MR. MUDD: You have to do ex parte and you have to swear in. CHAIRMAN COYLE: All right. All right. Ex parte disclosures on this item. Commissioner Halas? COMMISSIONER HALAS: I have no disclosures on this item. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: I had meetings, e-mail and phone calls. My file is available for anyone that wishes to see it. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: One e-mail. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: No disclosures. CHAIRMAN COYLE: And I have no disclosures. Will everyone who's going to give testimony in this item, please stand and be sworn in. (All speakers were duly sworn.) CHAIRMAN COYLE: Thank you very much. Now we have a motion on the floor for approval by Commissioner Henning, a second by Commissioner Coletta. MS. FILSON: Close the -- CHAIRMAN COYLE: And we'll close the public hearing and we're going to have discussion by the commissioners. Any discussion, Commissioners? (No response.) CHAIRMAN COYLE: Okay, hearing none, all in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. Page 356 .>>-------- March 22-23, 2005 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: All those opposed, by like sign. (No response.) CHAIRMAN COYLE: It is unanimous. Item #7D RESOLUTION 2005-134: PETITION CU-2003-AR-4326: DIEUDONNE AND LUNIE BRUTUS REPRESENTED BY RONALD F. NINO, AICP, OF VANASSE DAYLOR, REQUESTING CONDITIONAL USE APPROVAL IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH OR HOUSE OF WORSHIP FOR THE TABERNACLE OF BETHLEHEM CHURCH PURSUANT TO LDC SECTIONS 2.04.03, TABLE 2 AND 10.08.00. PROPERTY IS AN 0.69-ACRE TRACT LOCATED AT 305 3RD STREET SOUTH, MR. MUDD: Commissioner, the next item is 7(D), and it's also a companion to 7(E). This item was continued from the March 8th, 2005 BCC meeting and is to be heard at the continuation meeting today. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Conditional use 2003-AR-4326, Dieudonne and Lunie Brutus, represented by Ronald F. Nino, AICP of Vanasse Daylor, requesting conditional use approval in the village residential zoning district for a church or house of worship for the Tabernacle of Bethlehem Church, pursuant to Land Development Code Section 2.04.03, Table 2 and 10.08.00. Page 357 -- ~-_..~_.-~~_...,.~.......-,---_.~-""....",-~.-.,","- March 22-23, 2005 Property is a .69-acre tract, located at 305 Third Street South in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. It's a companion item to Variance 2003-AR-4327. Again, the same parties, represented by Ronald F. Nino, AICP. And they request the following variance in the VR zoning district for a conditional use. And it's Land Development Code 4.02.02.E. Number one, from the minimal one-acre lot area to allow an existing structure on a .69-acre tract to be converted to a church use. Number two, to reduce the front yard setback from the required 35 feet to 20 feet. Number three, to reduce the required 33 parking spaces to 19 spaces. Number four, to reduce the landscape buffer on the north and south property lines from the required 15-foot Type B to allow a 10- foot wide Type B buffer. And the property is still located in the same place that I mentioned before. COMMISSIONER FIALA: Could you show me on that map where it is, please? CHAIRMAN COYLE: I'm sorry, I need to swear in everyone. Everyone who intends to give testimony in this item, please stand to be sworn in. (All speakers were duly sworn.) CHAIRMAN COYLE: And this will apply to both Items D and E. With respect to ex parte disclosure, Commissioner Halas, for both these items, D and E? COMMISSIONER HALAS: Yeah. I have no disclosure on either one of these items. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I do. I have had meetings, e-mails and phone calls. CHAIRMAN COYLE: Okay. Commissioner Henning? Page 358 March 22-23, 2005 COMMISSIONER HENNING: Just heard about this at the last meeting, any discussion that was at the last meeting. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: No disclosures for either item. CHAIRMAN COYLE: And no disclosures from me. Weare now ready for the petitioner's presentation. MR. NINO: Thank you. Good afternoon. My name is Ron Nino, I'm with the firm of Vanasse and Daylor, and we represent Pastor Brutus, who purchased the property on Third Street South in Immokalee quite some time ago. He actually made this application on May the 15th, 2003, and have been in the review process ever since. When Pastor Brutus -- and Pastor Brutus is that gentleman there, and next to Pastor Brutus is his daughter Jenny, and a member of the church. When Pastor Brutus purchased this property, quite frankly, he never thought for a moment that wasn't going to be allowed to build a church -- convert the existing property into a church. And in fact, Pastor Brutus made substantial interior renovation to the property and was stopped by Immokalee code enforcement people when they learned that his intention was to convert the property into a church. And they advised him that at that time that he would need a conditional use, and of course Pastor Brutus stopped all work and began the process of seeking a conditional use. Appreciate the fact that they've bought an existing building and consequently that existing building has produced a number of problems for them. This church -- I don't need to tell you, this church does not have any great amount of financial resources, and it has been a struggle for them to get to this point. The condition we find ourselves in relative to the need in particular to apply for variances is the fact that we're dealing with an existing building. The existing building is closer to Third Street South Page 359 March 22-23,2005 than is otherwise required by the village residential zoning district. I'm not so sure that we quite frankly need the variance, because it's an existing nonconforming structure. However, we get into a problem when remodeling begins to exceed 50 percent of value, and we don't know quite frankly if we're anywhere near that, that it would kick in the requirements as if it were a new building. Nevertheless, to be on the safe side, we and staff also encourage that, that we acknowledge that the current building in its current location is closer to Third Street South than is required by the setback that is -- that the 30-foot setback that's required by the VR zoning district. Similarly, if we're going to build a parking lot on this property in the very limited amount of space that we have, it was absolutely necessary that we get closer to the north and south property line. If you look at the master plan in your agenda, the driveway, you'll see there's a circular driveway, and that circular driveway, given the amount of space that we have, leaves less land on the north and south sides than is required for a buffer of 15 feet when you have a church contiguous to other residentially zoned property. Again, the church required a certain amount of parking based on __ per the standards in your Land Development Code that would have required 33 parking spaces, given the number of seats that will be in this church, and the most we can physically get on this property is 19. Now, all of those issues were carefully analyzed by your staff and by the planning commission. And we need to advise you that staff has addressed the issues. Staff has said in its report to you and to the planning commission that in their opinion our application, as it stands, if approved with the conditional use and the variances, would be consistent with the requirements of the Growth Management Plan and the Land Development Code. And when they're saying that, they said we've met the criteria that is precedent to their recommending approval -- supporting the approval of the variances in the conditional Page 360 ~.,.---".--..,._---,-,_.~ March 22-23, 2005 use. Again, your planning commission -- which I have to tell you, all the years of experience I've had, this planning commission of yours is much unlike planning commissions of yesterday; they know their job and they do it very carefully and they do it well. That planning commission reviewed your staff report, heard the testimony, and that planning commission recommended 8-1 that you approve the conditional use and 9-0 that you approve the variances. I hope you will follow the lead of your planning commission. We pray, in view of that, that you approve the petition with the stipulations as recommended, as to allow the church to proceed with the petition to the point where they could obtain approval of a site improvement plan, hopefully subsequently a building permit. We acknowledge that we have to resolve an issue that was raised in your staff report about the possibility of a code violation. I ask you not to use that as a basis to deny this petition, because to do so would grievously impact the church's ability to ever come back and gather sufficient resources, financial resources again to get a church where they could practice their religion in. It would be like the death knell to them if you were to disapprove of this petition. We realize we need to take care of that matter, and there is ample opportunity to take care of that matter at the site improvement plan permitting phase. And please, please, approve this petition so this church can accomplish their dream. They've been working at it a long time. Don't kill the petitioner because you might have a problem with the messenger. Please, approve the petition. I'd be happy to answer any questions you have. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: This is one I've been following for some time, and there's a lot of public good in this. We're talking about what was originally a flophouse in deplorable condition. We Page 361 ,_,__"<,_,,"_~,"....,..,,......._~H"___"_~__~'__~ . March 22-23, 2005 have some responsible people that are willing to undertake the renovation of this building and put it to a good public use. Grant you, they have to still overcome some major obstacles, and that has to do with the permitting process itself. And I think they realize that there's code violations there that have to be addressed. But when we get to the point that we close the public hearing, I'd like to make a motion in favor of this and address that at that time. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I was going to make the motion. CHAIRMAN COYLE: Let me close the public hearing. Does anyone need to ask the petitioner any information, and does staffhave a presentation to make? MR. MUDD: Commissioner, I think you need to hear from Kay, because there are some stipulations on both the conditional use and the variance that were talked about at the planning commission, and staff's recommendation. MS. DESELEM: Thank you. For the record, my name is Kay Deselem and I am a principal planner with the Zoning and Land Development Review Department. I also have with me today Susan Mason, who is part of the environmental review staff. And my presentation will be exceedingly brief. I would note that we are recommending approval. We do have conditions that we have recommended to you that mirror what the planning commission had recommended. And Susan Mason is here to address the differences between those two conditions, sets of conditions. She was unable to attend the planning commission meeting, so she could provide the information to you. But we did recommend that it is consistent, both the conditional use and the variance petition. And we believe that the proposed use will be compatible with the area. And we have provided findings to support the recommendations and the conditions that we have provided to you. Page 362 March 22-23, 2005 And I do believe that Susan Mason wants to make a brief presentation to you as well. Noting she was not in the room when you were swearing in the testifiers, so she needs to be sworn. CHAIRMAN COYLE: Okay. So will you please swear at our staff member. (Speaker was duly sworn.) MS. MASON: Good morning. For the record -- or good afternoon. Susan Mason with the Environmental Services Department. I just did want to clarify a few of the items with the stipulations that were put on to go to the planning commission. Normally under the conditional use process we address everything from jurisdictional wetlands to percentage of native vegetation on-site. Some cases we do designate preserves, or -- that's handled at the rezoning or the conditional use stage. And the actual layout of the site plan and details are handled in the permits, are handled under the SDP part. I just did want to clarify that there is a -- what most people consider to be wetlands is a nice swamp or marsh or something like that. But the state does also regulate other surface waters, they're called, and they can be things like manmade water bodies, lakes. And that's what encroaches onto their property. We were originally told in their EIS waiver request that they would not be removing any vegetation, and vegetation has since been cleared on this site, so it makes it hard to make any calculations on how much vegetation was native and what was exotics. And also, regarding the permits, we did supply information, and the South Florida Water Management District will be looking into this over the next week or so. They did say that that wetland would be something that they would permit. So a compliance officer will be looking into this. But like I said earlier, all of this can be addressed at the SDP Page 363 March 22-23,2005 stage, but we did just want you to know that there were some jurisdictional wetlands on-site that have been partially filled, and those will be handled as the agencies in the county requires. CHAIRMAN COYLE: Any other questions of the public or staff by the commissioners? (N 0 response.) CHAIRMAN COYLE: Then I'm going to close the public hearing. MR. MUDD: Commissioner, I need two motions: One for the conditional use and one for the variance. CHAIRMAN COYLE: Okay. Do I hear a motion to approve the conditional use? COMMISSIONER COLETTA: It would be my pleasure to make a motion to approve the conditional use with the stipulations that were put down by staff and the planning commission, which seem to mirror each other exactly in the conditional use. COMMISSIONER FIALA: Second that motion. CHAIRMAN COYLE: Okay. Now, I believe also that the CCPC wanted to make sure this is subject to this conditional use and the variances. Just clarify that for me, the conditional uses and the variances are contingent upon it remaining as a church. In other words, if it turns into another use, these are no longer approved; is that COMMISSIONER COLETTA: That's number two. CHAIRMAN COYLE: Okay, good. All right, then we have a motion by Commissioner Coletta, a second by Commissioner Fiala to approve the conditional use with the stipulations as contained in the staff recommendations. Any discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. Page 364 ____._____._."'.____---..--.".w...---.. March 22-23,2005 COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. Okay, let's go on to the second motion, which is approval of the vanances. Commissioner Coletta? Item #7E RESOLUTION 2005-135: PETITION V A-2003-AR-4327: DIEUDONNE AND LUNIE BRUTUS, (REGARDING THE TABERNACLE OF BETHLEHEM CHURCH), REPRESENTED BY RONALD F. NINO, AICP, OF VANASSE DA YLOR, REQUEST THE FOLLOWING VARIANCES IN THE VR ZONING DISTRICT FOR A CONDITIONAL USE (LDC S4.02.02.E.): 1) FROM THE MINIMUM ONE-ACRE LOT AREA; TO ALLOW AN EXISTING STRUCTURE ON AN 0.69 ACRE TRACT TO BE CONVERTED TO A CHURCH USE; 2) TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 20 FEET; 3) TO REDUCE THE REQUIRED 33 PARKING SPACES TO 19 SPACES (LDC S4.04.04.G. TABLE 17); AND; 4) TO REDUCE THE LANDSCAPE BUFFER ON THE NORTH AND SOUTH PROPERTY LINES FROM THE REQUIRED 15-FOOT TYPE liB", TO ALLOW A 10-FOOT WIDE TYPE liB" BUFFER (LDC S4.06.02 TABLE 24). PROPERTY IS LOCATED AT 305 3RD Page 365 .. ~. _-----..""-c.-"""''"''.-.'.--'....- . March 22-23,2005 COMMISSIONER COLETTA: It would be my privilege once more to make a motion to approve the variance and to include those recommendations made by staff, one through five. MR. MUDD: One through six? COMMISSIONER COLETTA: No, one through six was the-- you're right, one through six, forgive me. Once again, it mirrors the planning commission's recommendations. CHAIRMAN COYLE: That's right. Is there a second? COMMISSIONER FIALA: I'll second that. CHAIRMAN COYLE: Okay. A motion for approval by Commissioner Coletta, a second by Commissioner Fiala. Any discussion by Commissioners? (No response.) CHAIRMAN COYLE: Seeing none, we'll call the question. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. I think that was unanimous. Thank you very much. Item #8C ORDINANCE 2005-16: AN ORDINANCE AMENDING ORDINANCE 04-12, THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SECTION FOUR, EXEMPTIONS AND EXCLUSIONS FROM CERTIFICATE REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE nAIF, - A l)QflEJ) Page 366 March 22-23, 2005 MR. MUDD: Commissioners, that brings us to Paragraph 8, and the first item is -- this item was continued from the -- and it's 8(A). This item was continued to the 8 April-- excuse me, it's continued, that's wonderful, 'til the 12th. And we'll talk about that next time we meet. Brings us to 8(C), it's a recommendation to adopt an ordinance amending Ordinance 04-12. COMMISSIONER FIALA: Oh, yes. I make a motion that we approve this particular recommendation. COMMISSIONER HENNING: Which one are we on? COMMISSIONER FIALA: 8(C). MR. MUDD: Yeah, this is a adopt an ordinance amending 04-12, the certificate of public convenience and necessity, Section 4, exemption and exclusions for certificate requirements and providing for an effective date. And I was having a conversation from the last petitioner and he asked -- he was asked if he could talk about the fee waiver, because that's another issue. And I said if you could please bring that up at another meeting, it would be more appropriate than doing it right now. COMMISSIONER HALAS: I'll second this. COMMISSIONER FIALA: I think Commissioner Henning already seconded that, yes? CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Fiala and a second by Commissioner -- MS. FILSON: You need to close-- CHAIRMAN COYLE: -- Halas. Was it Halas or Henning? COMMISSIONER HENNING: That's fine. CHAIRMAN COYLE: Okay. Now, I have a question. I asked the question before, but I don't think I ever got an answer to it. If I did, I didn't see it. And it is on Page 4 of our packet. And it's on Section 4(D). How about explaining to me why that shouldn't also have the Page 367 March 22-23, 2005 same exclusion for those people who do not require services. MR. PAGE: Sure will. Good afternoon, Commissioners, for the record, Jeff Page with the Bureau of Emergency Services. I did respond back to you, Commissioner, or actually to your aide. The state does not require agencies that are not operating in the county outside of their operating area to obtain a COPCN, or convince of need in a county that's neighboring it. In other words, Broward County has the same language in their CO PCN ordinance that allows them -- other agencies to come into their county, pick up a patient, take them out of county or for, say, Lee County to bring a patient in from Estero into Naples, they're not required to have a COPCN from Collier County. So there's no requirement from the state to do that. They have their own CO PCN in the county that they're operating in. CHAIRMAN COYLE: Let's suppose this is a Collier County ambulance service and they're picking up someone in Collier County to transport to Lee County that requires services. MR. PAGE: They would have to have a COPCN from Collier County, because they're operating or originating in Collier County. CHAIRMAN COYLE: Okay. So the phrase ambulances based outside the county apply to both of these conditions? MR. PAGE: Correct. CHAIRMAN COYLE: Okay. All right, then, I understand. Thank you. Okay, we have a motion. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. Page 368 _,__,_~_,_"___ ..... _"._~"""_"""""'M~"'>'_'_'____..______-'-_ March 22-23,2005 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. MR. PAGE: Thank you. Item #8D RESOLUTION 2005-136: APPLYING THE ANNUAL MID- CYCLE INDEXING ADJUSTMENTS TO AMEND THE GENERAL GOVERNMENT BUILDINGS IMPACT FEE RATE SCHEIlliLF, - A llOEIED MR. MUDD: Commissioner, that brings us to the next item, which is 8(D). It's a recommendation to adopt a resolution of the Board of County Commissioners of Collier County, Florida applying the annual mid-cycle indexing adjustment to amend the general government building impact fee rate schedule. And Ms. Amy Patterson, your impact fee coordinator, will present. MS. PATTERSON: Good afternoon, Commissioners. Ijust have one statement to make for the record that wasn't included in your executive summary. That is that we presented the information to the productivity committee at their meeting on the 16th of March. Obviously because of the deadlines for us submitting the information for the agenda, that's not included, but they voted unanimously to recommend the indexing as provided to you. I also have a brief presentation, if you'd like, or if you have questions concerning the information. This is all required by the consolidated impact fee ordinance as adopted last year when we Page 369 March 22-23, 2005 adopted the general government buildings impact fee. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Halas -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- second by Commissioner Coletta. Any further discussion by commissioners? (No response.) CHAIRMAN COYLE: Do we have any public speakers? MS. FILSON: I don't have any public speakers, so you can close the public hearing. CHAIRMAN COYLE: Okay. Then we'll close the public hearing. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Opposition by Commissioner Henning. Okay. MS. PATTERSON: Thank you. Item #8E ORDINANCE 2005-17: ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; Page 370 March 22-23, 2005 SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.06.02 SIDEWALK, BIKE LANE; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.03.B.1. FINAL SITE DEVELOPMENT PLAN PROCEDURE AND REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND MR. MUDD: The next item is number 8(E). It's an ordinance to the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land development regulation for the unincorporated area of Collier County, Florida, by providing for Section 1, recitals; Section 2, findings of fact; Section 3, adoption of amendments to the Land Development Code. More specifically amending the following: Chapter 6, infrastructure improvements and adequate public facilities requirements, including Section 6.06.02, sidewalks, bike lanes requirements. Chapter 10, application review and decision-making procedures, including Section 10.02.03.B.1, final site development plan procedure and requirements; Section 4, conflict and severability; Section 5, inclusion in the Collier County Land Development Code; Section 6, effective date. Mr. Joe Schmitt, the administrator of Community Development's Environmental Services, will present. MR. SCHMITT: Good afternoon, Commissioners. For the Page 371 March 22-23, 2005 record -- CHAIRMAN COYLE: This is the second hearing, right? MR. SCHMITT: But I want to defer it to Mr. White so he can make an entry on the record. MR. WHITE: Good afternoon and thanks, Mr. Schmitt. Commissioners, Patrick White, Assistant County Attorney. And as I'd indicated at the beginning of yesterday's meetings, this is a continuation of the second of two public hearings before this board in these chambers with respect to proposed LDC amendments for a special cycle on sidewalks. And to that end, as I said yesterday, I will at this time be entering into the record the affidavit of publication that indicated yesterday was the point in time for the public hearing at which you continued it until today. And I find that that affidavit is legally sufficient for the public hearing to proceed at this time. Thank you. CHAIRMAN COYLE: Thank you very much. Joe, is there anything you have to read into the record? MR. SCHMITT: Commissioner, there is nothing to read into the record. The changes that you directed at the last meeting have been made. I can cite those, if you wish, but there's no need, it's already part of the record. If there are any questions or concerns, that pretty much concludes what I need to present. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Well, the only thing I-- concern, I don't -- I have concern. The material, as I see, hasn't really changed from our last meeting. But if we're allowing the record to reflect of what the changes were -- example, Page 11 of 14, we still have that the sidewalks must be four inches of cement over four inches of compacted lime rock. MR. SCHMITT: That was the direction after the last board meeting for collectors and arterials. If you read further down the Page 372 March 22-23, 2005 paragraph, it says for functional classification as local with no functional classification, may be constructed at a minimum four inches of such concrete over compacted subgrade. COMMISSIONER HENNING: Okay. The only thing I didn't get was that's for collectors and arterials. I don't see that, where it says that. CHAIRMAN COYLE: Fourth line down, end of that line. COMMISSIONER HENNING: Fourth line? CHAIRMAN COYLE: Yes, fourth line down. MR. SCHMITT: It's concrete sided for roads with-- COMMISSIONER HENNING: Thank you. Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning. We have a speaker? MS. FILSON: Yes, sir, we have one speaker. George Dondanville. CHAIRMAN COYLE: I'm going to ask for -- is there a second to the motion? COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Okay, second by Commissioner Coletta. And we're waiting for a public speaker. MS. FILSON: I guess he isn't back, so we can close the public hearing. CHAIRMAN COYLE: We have heard his comments, both at the last meeting and at the town hall meeting concerning this particular issue. So you might recall that he objected to the reduction in the requirement for cul-de-sac streets with 25 or fewer homes. So that's all I can tell you about that, okay? So we're going to close the public hearing, and we are now going to vote on this motion. Commissioner Fiala? COMMISSIONER FIALA: Okay. I wasn't at the last discussion Page 373 March 22-23, 2005 of this. CHAIRMAN COYLE: Oh, that's right. COMMISSIONER FIALA: Yes. But I wanted to say that this one makes me very uncomfortable. The part where payment in lieu of. And, you know what, every time we do something like that somebody -- you know, they have to pay money, but then the purpose is all defeated. And what we were trying to do is -- the pathway committee I know was trying to put sidewalks in. People are walking more now, exercising more, bike riding more, and as soon as anybody has a way out by just paying it off, then they don't have to require these things. And it makes me very uncomfortable. I think there are a lot of loopholes in here. When we have the first, second, third and fourth footnotes here, it makes me uncomfortable. And this whole thing, I'm not happy with. CHAIRMAN COYLE: Okay. The -- Mr. Schmitt, the pathways and sidewalk committee reviewed this? MR. SCHMITT: Yes. CHAIRMAN COYLE: And what was their recommendation? MR. SCHMITT: Well, they reviewed it. They were not obligated to make a formal recommendation. As far as a Land Development Code change, it's through the development services advisory committee under the planning commission and to the Board of County Commissioners. The issue with the pathway advisory committee was -- and I know Norm is not here, nor Diane, so I'm speaking on their behalf __ had primarily had to do with greenways and the whole greenway debate and the issue of whether this amendment, as was originally proposed -- and ma'am, if I could bring you back to the beginning of this, this was part of an amendment to cure a problem where we had with requiring a developer or a builder -- we had one classic example where they were constructing a vestibule between a church and a school at the cost of about $40,000. And if you applied the code as it Page 374 March 22-23, 2005 is written today, would have been almost $200,000 worth of sidewalks they would have had to construct. And that was just fiscally oppressive and, you know, government at its finest in regards to trying to provide -- take the Land Development Code and apply it literally to require sidewalks. The payment-in-lieu-ofwas a fair way of saying okay, you're going to pay 25 percent of the cost of your construction into a pathways fund and we will use that money to make systems improvements, but you will not be penalized because you're making property improvements and have to put sidewalks, let's say, around an entire city block in Golden Gate City, or that type of example. So the payment-in-lieu-of, if I can bring you back to when we discussed this at a workshop, and we talked about this, and that was back in December. COMMISSIONER FIALA: Right. MR. SCHMITT: So the payment-in-lieu-of program was that. When this amendment was then drafted, it was an attempt to try and deal with greenways. But greenways, that's an entirely different debate in regards to the comprehensive pathways plan, coming back to the board, which should be coming back in June. Once you approve the comprehensive pathway plan, look at the cost of what it is going to take to accomplish that. We will then bring this amendment back to include greenways. But right now there was no legal foothold to include greenways. So Mr. Chairman, in answer to your question, the real issue was the removal of greenways. The pathways advisory committee objected to the removal of greenways, but frankly there was no legal justification to leave the green way issue in. One of the other issues of course they objected to were some of the issues in here, especially in paragraph three and four, we debated those quite extensively at our last public meeting and what you have in front of you is what the board directed -- Page 375 March 22-23,2005 COMMISSIONER FIALA: Footnote three and four? MR. SCHMITT: Yes, three and four, yes, ma'am. COMMISSIONER FIALA: I believe they had problems with footnotes two, three and four. And they say that these weren't things that were discussed at the workshop and these were not things that the pathways committee were in favor of, nor did they feel that this should be in here at all. MR. SCHMITT: Yes, ma'am. But what you have in front of you is was what was directed by the board to come back with the amended changes. And if we want to debate the entire issue again, we certainly can attempt to do so. But what's in front of you, this is a second hearing of the LDC amendment. And after all the debates had been entered on the record and we discussed specifically in regards to three, primarily dealing with the projects that were 75 percent or more built out, that they would be allowed to continue with the same development criteria. COMMISSIONER FIALA: You know, that's kind of silly, because if they're already following the LDC, then they would be following it correctly anyway, right? MR. SCHMITT: Well, ma'am, it's -- example. I'll use an example where a case we're dealing with right now, Grey Oaks. Grey Oaks is coming in to expand the boundaries of their PUD. Actually, the residential. It's still their PUD, but they're converting some of the properties from commercial to residential. But for all intent and purposes, that project is built out. The development scheme throughout the development are sidewalks on one side of the street. Yes, if they were to come in today through the site plan, final plat and plan approval process, we would apply the code as written and say okay, now, for this small portion of residential that you want to now convert, or commercial to residential, and now have this platted, subdivided and sold as residential properties, you're going to have to put sidewalks on both sides of the street. Page 376 March 22-23, 2005 We're saying that in some instances where a PUD is 75 percent built out, it makes sense just to allow them to complete the build-out at the -- at the criteria. COMMISSIONER FIALA: Okay, I understand what you're saying. I just want -- with the pathways committee, and I think this is what they feel. I have a couple of friends on there that have contacted me and they feel this way strongly, and they feel that there are enough loopholes in here that it really circumvents all they're trying to do to put sidewalks within the community. And it kind of defeats the whole purpose. And if you can tell me no, that's not true, I would feel a lot more comfortable. MR. SCHMITT: Well, Commissioner, I could tell you there are certainly -- the payment-in-lieu-of, it's not a loophole, but it's a process to allow for staff to review a proj ect and not penalize someone for coming in and making property improvements. And we have several examples where a developer was coming in for improvements, and if we apply the code literally today and said you had to build sidewalks on both sides of the street in and around your property, it was fiscally oppressive. I mean, I can't use any other word. It was just the cost far exceeded what the construction cost would be. And the payment-in-lieu-ofwas -- gave us the option for staff in the review process to still provide funds to the pathway funds to allow for systems improvements without making it economically -- an economic disincentive to do improvements. COMMISSIONER FIALA: Yeah, but if you have to pay for the sidewalk, installing it or pay you, what's the difference? MR. SCHMITT: But, ma'am, you're empowering staff to review projects and put some common sense into the review process. Right now there is no common sense. You come in, the code says there will be this, you put sidewalks in and around your entire project, and Page 377 March 22-23, 2005 there's no -- you want to call it leeway, but there's no subjectivity in applying the code. It is this or it's nothing. And an applicant comes in the front door frustrated because, again, staff is making me do this, the county is making me do this. But it's the code, the way the code is written. You passed this code a year ago, we knew it was going to be a problem, but the pathways advisory committee, and I'm not speaking bad against them, they campaigned hard for it, but it allowed us no leeway. You either build the sidewalks or you take your plan and you go home. This gives us some leeway to allow some -- put some common sense into the review process. Yes, it empowers staff. Certainly anything we do is subject to the public record. The pathways advisory committee can certainly come in and ask and review any plan, if they want to see what we've approved and they object to it, they certainly have every right to bring it back to you and say here is staff run amuck again. But all this does is empower the staff to make some -- apply some common sense decisions in regards to the staff review process. CHAIRMAN COYLE: Commissioner Henning has questions. COMMISSIONER HENNING: No, two comments. One, I don't want this to turn out to a Goodland boat ramp discussion. The second thing is what I understand the payment-in-lieu-of is doing exactly what the pathways want to do is connect the missing links. MR. SCHMITT: That's correct. COMMISSIONER HENNING: These are not going into the general fund or it's not going to Parks and Rec to provide boat launch facilities or anything like that. It's going in there to correct those missing links. And what I understand from Mr. Housch on several occasions, that's what he had a problem was is the sidewalk to nowhere. MR. SCHMITT: A classic example is, as you recall out at White Page 378 March 22-23, 2005 Lake -- is it White Lake or -- yeah, we required a sidewalk. I mean, so what we're going to use these funds for, Commissioner, are to make systems improvements to sidewalks, crossings, making our crossings safe, allowing for bike access, curb cuts, those kind of things. And that's certainly then -- and that is Ms. Flagg's -- that money will go to Ms. Flagg and Ms. Flagg will apply that as she sees fit to meet the needs of the entire system, and preclude some of these situations where we have sidewalks to nowhere. COMMISSIONER HENNING: Do we have a motion on this? CHAIRMAN COYLE: Yes, we have a motion on the floor. COMMISSIONER HENNING: I just couldn't remember. MS. FILSON: You made the motion, sir. CHAIRMAN COYLE: Yes, you made the motion. You want to modify the motion? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. We've already closed the public hearing, so we'll call the motion. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Those opposed, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye, Commissioner Fiala is opposed. MR. MUDD: I want to make sure that went 4-1 and not 3-2. CHAIRMAN COYLE: No, it went 4-1. Okay. MR. MUDD: There was too many ayes there at the end. CHAIRMAN COYLE: It's getting late. Item #8F Page 379 March 22-23,2005 RESOLUTION 2005-137: PETITION SNR-2004-AR-6950, VANDERBILT BEACH PROPERTY OWNER'S ASSOCIATION, REPRESENTED BY ARTHUR T. SWEATMAN, REQUESTING A STREET NAME CHANGE FROM WILLETT A VENUE TO WILLET AVENUE FOR PROPERTY LOCATED IN CONNER'S VANDERBILT BEACH ESTATES, UNIT 2, BLOCK N, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST - A.D.O.P.IED MR. MUDD: Yes, sir. The next item is 8(F). It's a petition SNR-2004-AR-6950, Vanderbilt Beach Property Owners Association, represented by Arthur T. Sweatman, requesting a -- MS. FILSON: Sweatman. MR. MUDD: Sweatman, requesting a name change from Willett Avenue to Willet Avenue, one's without a T, for property located in Conner's Vanderbilt Beach Estates, Unit Two, Block N, in Section 32, Township 48 South, Range 25 East. MS. FILSON: Mr. Sweatman? Should I treat him as a speaker for five minutes? CHAIRMAN COYLE: As a public petitioner. MR. SWEATMAN: Arthur Sweatman. The reason I put this in is on the original plat, Willett Avenue was spelled with two T's. I've been coming down here since 1970 when my mother-in-law built on Willett Avenue, and they bought the property in 1957. And I have since inherited it. But before I inherited it, I tried to get the name changed from two T's, which I don't know what that is, to one T, which is a Willet bird. And the Willet bird is consistent with the other names on the street such as Seabee, Seagull, Flamingo, where Mr. Halas lives, and Egret and Heron, and -- but no one wanted to change it until I wrote into the newspaper and asked how to get it changed. And then they took down Page 380 March 22-23, 2005 the old sign with one T and put up the sign with two T's so it matches the plat. Now, I would like to change it to one T, and they already have the sign, so I think I should be at least reimbursed for the cost of the sign. And I think that someone made a mistake in the beginning and I think the county has covered it up for all these years. I have here the original plans from my mother-in-law's house, and it has Willet with one T on it in 1969. So that shows it goes back that far. And we finally got it at least so the name matches the plat, but I want to change it to what it should be, which is the Willet bird with oneT. And I also would like to be reimbursed part or all of the $639 that I had to pay to do this. CHAIRMAN COYLE: When did you have to'pay this? MR. SWEATMAN: When did I have to? That's part of the fees that you have to do to -- CHAIRMAN COYLE: No, when. When? MR. SWEATMAN: When did I pay this? CHAIRMAN COYLE: Date. Date. MR. SWEATMAN: About two months ago. CHAIRMAN COYLE: Okay. Okay. All right. County Manager, what can you tell us about it? MS. ERNST: For the record, I'm Joyce Ernst with the Zoning and Land Development Review Department. And this particular item was originally on the summary agenda; however, it was pulled because I got a call from one of the property owners who originally was in favor of the street name change, is now opposing it. And as regard to the -- the only thing that we put in the executive summary was that according to our ordinance, the applicant is required to pay for the street name change and not the county. And he Page 381 March 22-23,2005 has requested that the county pay for it. I believe the money that Mr. Sweatman is talking about is the money that he submitted for the street name change petition, for the advertising involved as well. And even though that one property owner is now opposed to this petition, they still have 50 percent plus one of the property owners abutting the street. There are 19 property owners on the street, and, you know, taking away that one person who is now opposing it, there are still 12 property owners. COMMISSIONER HALAS: Is that person that's opposing it here today to speak? MS. ERNST: I have -- all I did was get a phone call. I requested that she put it in writing and never did, and apparently -- COMMISSIONER HALAS: I make a motion we approve it. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: And how about, can we make in the motion, can I -- to change the street name and to get his money back? CHAIRMAN COYLE: The staff recommendation is to deny it, deny the request to refund the money. So are -- MS. ERNST: Pardon me, can I speak for a second? The money he's requesting refunded has nothing -- you know, is not the street name change. It's I guess the money he submitted for the petition and for advertising. So, I mean, that's something that we haven't recommended one way or the other. COMMISSIONER HALAS: I'd like him to get his money back. CHAIRMAN COYLE: Is that part of your motion? COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: That's part of my second. CHAIRMAN COYLE: Okay. MS. FILSON: Close public hearing. CHAIRMAN COYLE: I'm sorry? MR. MUDD: Can I ask a question here real quick, just to make Page 382 March 22-23, 2005 sure I'm clear, before you start something that you really don't want to get into? There are certain monies that people, when they want to change a name, that they must pay. And once it's done, we have to advertise for the public hearing, and the county produces those dollars out of the general fund, if the person doesn't pay. So if you waive this, the next person that wants to do a name change, there's precedent now that you can waive the fee. Now, if you're waiving the fee -- COMMISSIONER HALAS: I take that out of my motion. MR. MUDD: If you're waiving the fee for-- COMMISSIONER HALAS: All we'll do is just have it for the name change only. MR. MUDD: Mr. Sweatman did mention in his testimony that there was a previous street sign, am I correct, sir, that had one T? MR. SWEATMAN: Could I clarify this just a second? MR. MUDD: Yes, sir. MR. SWEATMAN: The original plat has two T's on it. As far back as 1969, I know that that street sign has had one T on it. All the maps and the post office, the local maps and the post office have always kept the two T's. Nobody knows except the people who live on the street and get their mail to two T's and the street sign says one T. But the AAA map has one T on it because they follow the street sign, okay? Now, this is a county mistake. I think it's a county mistake because the plat has two T's. Why did they put up a sign with one T? Because they knew it was the Willet bird and not the Willett with two T's. And I'm just trying to correct what I think it should be. And I think the county is originally at fault, and I don't see where I should have to pay for it. But I will, if you insist. MR. MUDD: Now, if I could help. Now I'm confused. But I understand that. Page 383 March 22-23,2005 Now, there is something that we probably could help him with. If you remember yesterday on the summary agenda, we reduced the fee for name changes from $500 to about $125, if my memory serves me correctly . We could charge him the new fee for the name change and therefore, we could give him a refund of some $300 or so. COMMISSIONER HALAS: That's in my motion. COMMISSIONER HENNING: That's in my second. CHAIRMAN COYLE: Okay. Any further discussion? Yes. MR. WEIGEL: Mr. Chairman, I would ask that the motion reflect that this payment or disbursement of funds is in the public interest, so that we don't have an issue with the clerk. In regard to the two T's, based upon the history that's being explained on this item right now, the plat is not created by the county, the plat is created by the agent, such as the surveyor for the developer at the time. So if the plat has two T's, then it sounds like the county's done him the favor of having a one T sign in the meantime, at least at some point in time. But it is the plat that comes to the board and is ultimately approved by the board but not created by the board that has apparently created this error from the start. CHAIRMAN COYLE: All right, we're going to call the question. COMMISSIONER HENNING: It's in the public's best interest to make this change in recommendations that are in the motion. CHAIRMAN COYLE: Okay, thank you very much. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed by no. Aye, no. Page 384 March 22-23,2005 So it's four-one. MR. SWEATMAN: I thank you very much. MR. MUDD: Commissioner, if you remember yesterday, 8(G) was moved to the summary agenda at the board's direction, and you voted on that particular item. I believe we went all the way through it, but I believe there is someone here to talk on public comment, if you so wish. Item #11 MS. FILSON: Yes, sir, I have one public comment person, Mr. Kenneth Thompson. MR. THOMPSON: Mr. Mudd, I wasn't here yesterday complaining about nothing. I don't believe I was. But anyway, you know, Mrs. Donna Fiala, you made an issue yesterday about that place down there on Wiggins Pass because you didn't want no hotels and no music and all that stuff carrying on like that, it was better off? Well, why don't you do me a favor, ma'am, and shut that bar down across the street, because the man over there is working without permits. He's working without a license. And if you could do that, you could shut that rathole down. I mean, that's just the way I talk and I can't help it. But, you know -- COMMISSIONER FIALA: He's not permitted there? MR. THOMPSON: This place across -- it's the old Tipsy Seagull. So if you're not going to have no music over there, please, don't have none over there. Because I'm in bad shape. And this thing, I -- usually control myself, but this thing has got me so bushwhacked, I don't know whether I'm going or coming. I'm walking this far off the floor, this Page 385 March 22-23, 2005 thing that the doctor's taken out of me and put it in my back. And I got a neighbor lives next door to me, he don't know what day and what time the garbage runs, so I called code enforcement from Waste Management this morning and they come out and give him a $100 fine. So he seems to like that. And he just keeps -- he's the one that shot my pole light out and tried to burn the house down three times, and -- he's a real nice neighbor, man, I'm telling you. So he like to went to jail and I dropped the charges on him. And I wish I had never. Ma'am, I wish had never. I should have put him in prison. But the name is John Emery. And all of these people that done my wife in back when we were there for 10 years for that beauty parlor, they don't seem to understand what they did to me is to stick a big sign up in front of my house. Well, what you sow, you will reap. So you've even -- you've even got cops that are doing me in, you know. I got a charge against me for that boathouse now, for -- geez, my wife and I, we went to the substation to talk to Scott Anderson about this problem and we thought we had it whipped. So we went back home and I told her before we get home just what's going to happen now? What are they going to charge me with next? So I get home and we find this woman had put a raft over the fence, the gates are locked, put her son over the fence. She's used to that. Knocks out windows and puts her son through windows and goes and gets what she wants and takes him back out. So they found out later that this is what she's doing. So I think we pretty well get that whipped, but I don't know what I'm going to get charged of next when I get home. So I've had 11 deputies that charged me for things that, hell, I don't even know, I'm not even around when it happens. But this guy needs to be stopped over there at that bar. And like I said, they even got me for downspouts on the house. Jesus Christmas, I mean, you know. Page 386 March 22-23, 2005 Ms. Arnold -- he's got a hedge -- Mr. Mudd there, one time I couldn't get Ms. Arnold to do nothing for me and so I finally got him to cut it. And from the road here, it's -- the light pole is on county property. It's 10 feet out towards the road, out in the road. And I cannot get her to cut it. Everybody else on that road is trimmed up nice all the way around. I think the people just don't like me because I'm all business, because I never laid no sod but the green sod down yet. But I know a lot of people have. But I'm going to have to move out of that neighborhood if you don't do something about that boathouse. 'Cause these people, they can't get them evicted. You ought to see, yesterday they sold a car, a Cadillac, with a tag on it. They've had 23 tags, and they'll sell -- they'll sell you a -- all you got to do is walk by there right now and he'll sell you a car real cheap. He'll sell the tags with it. Now, I'm not kidding you. So he figured, well, I got myself in trouble, don't have no more plates, so he goes back and steal the plates off these guys' car that he just sell. This is no joke. Then he took it off the Cadillac, now he's got it on a Suburban. So now he's got an Oldsmobile station wagon, he's had 14 different tags on it. He had a Vegas tag on it, he had a Marine Corps tag on it. You name it. So I went to Guy Carlton. And I'm just about to lose it. Now, this guy's either going to have a go or I am, one. And they can't get him evicted. And I think that's a batch of born lie. Because Joe Jackson is saying he owns it, and he does not. It's Dave Steinburg that owns it. So if you got this man in there -- Joe Jackson can't evict somebody that don't own the property. It's got to be Dave Steinburg. CHAIRMAN COYLE: Thank you very much, Mr. Thompson. MR. THOMPSON: Yes, sir, I thank you. MS. FILSON: That's your final speaker, sir. Page 387 March 22-23,2005 Item # 15 - Continued from earlier in meeting CHAIRMAN COYLE: Okay. Thank you very much. County Attorney, do you have anything you want to add? MR. WEIGEL: No, thank you. CHAIRMAN COYLE: County Manager? MR. MUDD: I'd like to bring up the item on Burning Tree Road. CHAIRMAN COYLE: Okay. MR. MUDD: Mr. Feder, on -- you, the board asked during closed session yesterday when that particular road needs to be fixed and/or the light needs to be removed. And I asked Mr. Feder to get that information for you to present it today. MR. FEDER: For the record, Norman Feder, Transportation Administrator. To give a very quick overview, and then any questions you have, I'll try to answer. As part of the annexation of Royal Poinciana quite a few years ago, the City of Naples established that they would improve Burning Tree Road and remove the signal that exists at Royal Poinciana today and have the signal at Burning Tree and Solana, which is just north of that signal, very close to it, become the signal because the entranceway to Royal Poinciana would be moved to that Burning Tree/Solana signal. For some time now we've noted that we need to pull out that signal at Royal Poinciana, and we're about to do so, but the question -- the issue was that we're requested to wait until the improvements are made to Burning Tree. We were told at that time they had design plans and they were going to make the improvements. What we've now heard is they're starting to work with our designer who's doing Goodlette-Frank Road between Golden Gate and Page 388 March 22-23,2005 Pine Ridge. And while they've had it in their CIP for some time, they're thinking about getting it designed by that same designer and then possibly trying to make it part of our project. We're open to work with them, if that's what they're going to pay for. What we do have to do, though, is make improvements to the intersection at Burning Tree and Solana as part of our Goodlette- Frank proj ect. At that time, we will remove the signal at Royal Poinciana if the issues are not resolved before that time. And honestly, we thought that was going to be a year or two previously. So that's just a quick overview, and I'll be happy to answer any questions you have. MR. MUDD: Norman, they had a question. When do we want to give the city a deadline to have the improvements made before the light will come out? MR. FEDER: Our schedule on the Goodlette-Frank Road project has two phases. The very first phase is the bypass behind the bank off of Golden Gate onto Goodlette- Frank for the right turn northbound free flow. That will go up to the new signal that's going to be there at Wilderness, and that will be the first phase. And we wanted to get out of that intersection, make the improvements with the interchange, the overpass and with the season for Coastland Mall and other issues. So we're scheduled, as you can see here, for phase one to be done by November of this year. And that's an aggressive schedule, as you can well tell. We then have about a year more in the overall project, looks like at this time. And so in answer to your question, we would probably be in a position to remove that signal sometime in the mid-summer to very beginning of fall of '06. So if it's not removed by then, it will be removed by our proj ect. Now, we could try to remove it faster, but the key is we need to try and make sure we have the improvements made at at least the intersection, some few hundred feet back, if it's not already done, on Page 389 March 22-23, 2005 Burning Tree at Solana. We don't want to remove that signal, force more traffic up to that Burning Tree, if it cannot operate well with left through and a right turn for exit, if you will. CHAIRMAN COYLE: Thank you very much. Any other questions? (No response.) MR. MUDD: Commissioner, is it the Commission's pleasure for me to write a letter to the City of Naples stating that on 1 September, 2006, that that particular light is going to be removed? CHAIRMAN COYLE: Okay. Do I see three nods? MR. MUDD: Yes, sir. That's all I have, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: There is one thing that was brought up in your town hall meeting about a code enforcement action, and we were supposed to get a report at this -- CHAIRMAN COYLE: Yeah, that's going before the code board this week -- MR. MUDD: To talk about tree topping. CHAIRMAN COYLE: Yeah, tree topping. Yes, hat racking. What has happened with that? I was advised by the county attorney that there was not much I could do with respect to that. So as far as I know, it's going before the board of zoning appeals. MR. MUDD: Yes, sir. I received some pictures of the hat racking that was done. Staff basically determined that the hurricane didn't do all of that. You didn't see any other stress issues with the tree, except it really did get trimmed pretty badly. CHAIRMAN COYLE: I was told in Ames' reports that the trees had died and that an arborist had confirmed that the trees were dead. And clearly the trees are not dead. So I'm wondering how that mistake occurred. And what is it that he has been charged with doing? If the trees have not been damaged or they're not dead, what has he really done? Do we know? Page 390 March 22-23,2005 MR. MUDD: No, sir, not off the top of my head. COMMISSIONER FIALA: Could you just tell me what you're talking about? CHAIRMAN COYLE: Yeah, there was an incidence where a gentleman trimmed some trees between his building and another building. And he severely trimmed the trees. And the staff said that they were trimmed illegally and that they -- the trees had died. And an arborist had confirmed that they were dead. But yet an on-site visit and the pictures will show that the trees are not dead at all. So I'm trying to figure out -- and we asked these questions at the town hall meeting and Joe was going to take this issue and deal with it. And Commissioner Henning is asking what the update is. I had originally planned to meet with the individual, but on being advised by the attorney that there's nothing I could do, there was no action I could take until it is heard by the board of zoning appeals, then I did not meet with the gentleman -- MR. SCHMITT: Commissioner, if I could just -- and I'm doing this from memory. I sent Mr. Mudd an e-mail with pictures and everything related to it. What Mr. Mudd said was in fact correct. You do have an ordinance against hat racking, basically butchering, if you want to put it that way, butchering trees. There was an arborist's letter. The arborist opined that the trees would die. It was obvious from the pictures that he showed at the town hall meeting that the trees did bud and come back to life. I spoke with the individual. I said there was nothing really the board could do unless they wanted to take this matter from the Code Enforcement Board. I asked the county attorney to opine on that. Ms. Jennifer Belpedio did. She pretty much said that it would not be certainly in the board's best interest to withdraw this -- to take this action from the Code Enforcement Board. It's scheduled for the end of March at the Code Enforcement Board. Page 391 March 22-23, 2005 I spoke with the gentleman in regards to the only thing he could do is do what he was going to do in front of you and ask -- explain the extenuating and mitigating circumstances around this issue and ask for the Code Enforcement Board to render an opinion in regards to -- I think what this is going to come down to is were they hat racked? Yes. Did the trees die? No. The issue with the code enforcement case is nothing more than you illegally trimmed the trees which puts stress and other -- but the trees have come back to life, and since they've pretty much budded and are growing branches again, the problem he's going to have is -- follow on is when that happens, the trees become top heavy and are prone to overturning in heavy winds. But he can deal with that through an arborist and proper trimming. The citation was to replace the trees. Naturally, if the trees are not dead they will not have to be replaced. But putting all this aside, I think it's in this board's best interest to not usurp the authority that you've empowered your Code Enforcement Board to do and that is to adjudicate these cases. I can turn to the county attorney if they want to opine in regards to you stepping on the toes of your Code Enforcement Board. MR. WHITE: I'm going to kindly not take that offer from Mr. Schmitt. However, I will instead offer you some factual information I've just learned. I spoke to the Assistant County Attorney, Ms. Belpedio, that's responsible to review this matter. She's told me that it's coming before the CEB on the 30th of this month, the next CEB hearing, and that she has found the notice of violation to be legally sufficient, which is the indication that we believe that the case is appropriate for prosecution at that time. COMMISSIONER HENNING: Commissioner Coyle, one thing that's not mentioned today that was mentioned at your town hall meeting, the tree was trimmed because of Hurricane Charley. CHAIRMAN COYLE: That was the allegation. Page 392 March 22-23, 2005 COMMISSIONER HENNING: You know, if that's true and the gentleman is cited for removing hazardous vegetation, then I mean, I just have a real problem with county government, if that's true. And I don't know what I could do -- MR. SCHMITT: Commissioner, the pictures we have clearly indicate that they were rounded and hat racked far more than any debris cleanup. And that's your code. That's the trained arborist's determination. You certainly -- we can change the code or we can -- but I'm following what you're saying, but it's a matter, I think, really for the Code Enforcement Board to deal with. Because the pictures and the citation pretty much validate that they went far beyond what he should have in regards to the proper tree trimming. COMMISSIONER HENNING: But ifhe -- and maybe it's just me. If the issue is it was damaged in the hurricane, damaged in such a way that the proper trimming of the tree is not going to be a sightly tree, then what good is the code? MR. MUDD: Commissioner, if you looked at the pictures, and I don't have them here right this second, but there were like five trees, I believe. And one might have been damaged, but he made all the other four look like the one that was damaged, okay, so they all looked the same, like they had the same haircut. It wasn't just one tree that we're talking about. COMMISSIONER HENNING: With the military haircut, huh? MR. MUDD: High and tight, sir. High and tight. And he pretty much -- except this was really low and tight. All the trees look the same. I mean, that's exactly the way they were cut. MR. SCHMITT: And I have to tell you, I talked to him, I think he has a good case. He can present that to the Code Enforcement Board, explain the situation, bring the pictures in, show that the trees have frankly revived, and let the board rule. If he feels that he was unjustly -- Page 393 March 22-23,2005 CHAIRMAN COYLE: Is there opportunity for no harm, no foul? MR. SCHMITT: From the Code Enforcement Board? COMMISSIONER HALAS: I would think the Code Enforcement Board has got discretion, and they will probably figure this out. Leave it up to them. CHAIRMAN COYLE: Hopefully. MR. WHITE: The only other discretion that would exist legally would be in the circumstance where matters of enforcement are within the discretion of the county manager. It certainly seems at this point that a determination's been made on the staff's side that it's appropriate to prosecute, and legally speaking, as I've indicated, is as well. So-- CHAIRMAN COYLE: Okay. Thank you. Is that all, Commissioner Henning? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, if you would have seen what FP &L did to my avocado tree, not only did they hat rack it, but then they took all the avocados off of it as well. CHAIRMAN COYLE: And sold them. COMMISSIONER FIALA: That made me so mad. CHAIRMAN COYLE: Get them before code enforcement. COMMISSIONER FIALA: Anyway, I wanted to say tonight is my town hall meeting, and I hope -- I know I'll see most of you there. Sorry about that. But anyway, after this two day meeting. But anyway, tonight is the town hall meeting. We'll try and make it fun and interesting. Hope everybody can come from the East Naples area. And lastly, I wanted to tell you that I'm still working on this 1-75 six -laning. Come to light that more and more things and issues are coming to light. And one of them is that not only has the new development not been counted in, nor has the development along Davis and Rattlesnake Hammock, and both of those roads will be Page 394 March 22-23,2005 six-laned and pouring into 951. Joe's going to help me on getting those figures as well. I think by producing all those figures and getting it to SWFTI tomorrow, who I'm going to be working with, just maybe we can handle this thing. When I talked with the FDOT, they said it's on their 2030 list. And I said geez, that's a little bit long to wait, especially when what I'm really concerned about is we're eagerly looking forward to some development coming into that area. There's some good things coming our way. I don't want to see it stopped. But if that road is impassable, and it's that way right now, and if they only six -lane it to Golden Gate Parkway and don't at least give us some relief coming off of it, from what I understand, it even stacks up on 1-75 at night when people are trying to get back on -- or trying to get back off of that road. I'm afraid of a moratorium, quite frankly. And I'm very concerned. And this is what I'm telling the SWFTI people as well. I've spoken with Mike Davis and I've spoken with Dudley Goodlette, and I believe that they feel it's also going in the right direction, and they're going to try and help me from the state point of view. So I just wanted to keep you guys updated. CHAIRMAN COYLE: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: I have nothing. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Same. CHAIRMAN COYLE: I have nothing. So we are adjourned, thank you -- oops, I'm sorry, David? We asked you earlier. MR. WEIGEL: Yes, you did. And I appreciate the opportunity to come up with an afterthought. I just want to report that from last Thursday's foray to Tallahassee that Commissioner Henning and I had an opportunity to speak with Palmer Mason, working through Burt Saunders' office. Page 395 March 22-23, 2005 Palmer Mason, legislative coordinator for the DEP relative to the Plantation Island bill that we have going forward. And we were put in a conference call both with our staff, Stan Litsinger, Dave Weeks and Marjorie Student back here, but also with an attorney and two of their planners with DEP, and they assure us that they believe that we can achieve the desired result for those units one, two and three of Plantation Island through an agreement that they can put together called a 380 Agreement that would not require the legislative process. And of course we met with Mr. Goodlette and Mr. Rivera and others, mentioning this along the way, the fact that they're all concerned about the process, legislative process because DCA had indicated a concern about the legislation and the precedent of legislation. So I wanted you to know, and this is an opportunity to inform you all that hopefully this afternoon I'll be getting the final -- what I consider to me a final confirmation from the DEP and DCA that we don't have a problem with going this interlocal agreement route with them. And effectively then, I would be notifying our legislators, legislative delegation, that they can not have to contend with or continue with the proposed legislation House bill, Senate bill on the Plantation Island. Now, I didn't want to cut that cord too quickly, and I'm trying to hold DEP to the fire this way so I have an absolute assurance from them before I would communicate with Representative Goodlette and Senator Saunders and the other, and Mr. Rivera. But I just wanted to let you know that that's where we are. And I'm not necessarily asking for you to empower me to cut the cord, but in essence, I don't want to do anything that you wouldn't want me to do as well. CHAIRMAN COYLE: Thank you, David. All right, we are Page 396 March 22-23, 2005 adjourned. Thank you very much. ***** Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and! or adopted: * * * * * Item #16Al RESOLUTION 2005-116: PETITION A VESMT2003-AR5314 TO VACATE, RENOUNCE, AND DISCLAIM THE EASEMENTS FOR PUBLIC ROAD RIGHT OF WAYS RECORDED BY SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN THE SUMMIT PLACE DEVELOPMENT IN SECTION 34, TOWNSHIP 48 SOUTH, Item #16A2 AN AGREEMENT FOR SALE AND PURCHASE WITH LEO. A TEGETHOFF AND SHIRLEY R. TEGETHOFF FOR 5.54 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $76,300 - AS Item #16A3 RESOLUTION 2005-117: FINAL APPROVAL OF THE ROADW A Y (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "SOUTHWEST PROFESSIONAL HEAL TH PARK" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - Page 397 March 22-23, 2005 ' Item #16A4 RESOLUTION 2005-118: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "BERKSHIRE PINES PHASE ONE" THE ROADW A Y AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W/RELEASE OF THE Item #16A5 RECORDING OF THE FINAL PLAT OF "BRIARWOOD UNIT ELEVEN, APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE Item #16A6 RECORDING OF THE FINAL PLAT OF "MADISON PARK PHASE TWO", APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE Item #16A7 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY, (CRA), APPROVING THE 2004 ANNUAL REPORT OF THE CRA, DIRECTING STAFF TO FILE THE ANNUAL REPORT WITH Page 398 March 22-23, 2005 THE BOARD OF COUNTY COMMISSIONERS (BCC) AND TO PUBLISH NOTICE OF FILING THE REPORT - AS DETAILED IN Item #16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR "FIDDLER'S CREEK, PHASE 2A GOLF COURSE" - W/RELEASE OF THE UTILITIES PERFORMANCE SECllRITY Item #16A9 APPROVAL OF THE RECENTLY AMENDED CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTING STAFF TO ACTIVELY PURSUE THE ADDED A-CATEGORY PROPERTY (MCINTOSH TRUST) - AS DETAILED IN THE Item #16AI0 RECORDING OF THE FINAL PLAT OF "HERITAGE BAY", APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY- W /S11EIlLAIIONS Item #16All - Continued to the April 12, 2005 BCC meeting CREATING THE HABITAT CONSERVATION PLAN ADVISORY Page 399 March 22-23, 2005 Item #16A12 RESOLUTION 2005-119: AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN CODE OF LAWS SECTION 2-11 - AS Item #16A13 RECORDING THE FINAL PLAT OF "QUARRY PHASE 1", APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY- W /S11EIlLAIIONS Item #16Bl PURCHASE OF PARCEL NO. 103B REQUIRED FOR THE CONSTRUCTION OF A STORMW ATER RETENTION AND TREATMENT POND NECESSARY FOR THE WIDENING OF COUNTY BARN ROAD FROM DAVIS BLVD. TO CR-864 (PROJECT NO. 60101, CAPITAL IMPROVEMENT ELEMENT NO. 33) FISCAL IMPACT: $126,950.00 - AS DETAILED IN THE Item # 16B2 - Continued to the April 12, BCC meeting PURCHASE OF PARCEL NOS. 119,719 AND 719A REQUIRED FOR THE CONSTRUCTION OF THE SIX-LANING OF COLLIER BOULEVARD (CR 951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD (PROJECT NO. 65061, CAPITAL Page 400 March 22-23, 2005 IMPROVEMENT ELEMENT NO. 37) FISCAL IMPACT: Item #16B3 BID #05-3692, "TRAFFIC OPERATIONS SIGNAL COMPONENTS" AWARDED TO TRAFFIC PRODUCTS, INCORPORATED; SPECIALTY LIGHTING SOLUTIONS; TEMPLE, INCORPORATED; TRAFFIC PARTS, INCORPORATED AND TRANSPORTATION CONTROL Item #16B4 TWO ADOPT-A-ROAD AGREEMENTS WITH GOLDEN GATE REALTY AND DEVELOPMENT, INC. AND CRYSTAL LAKE R.V. PARK - SIGNAGE TO COME FROM EXISTING lliYENIOR y Item #16B5 - Moved to Item #101 Item #16B6 RESOLUTION 2005-120: RESCINDING RESOLUTION NO. 2004- 211 FOR A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $262,500.00, FOR THE PURCHASE AND INSTALLATION OF A PREFABRICATED PEDESTRIAN BRIDGE WITHIN THE C.R. 951 RIGHT-OF-WAY OVER THE GOLDEN GATE OUTFALL CANAL; (2) EXECUTING A RESOLUTION FOR THE SAME FUNDS TO BE USED FOR THE PURCHASE AND INSTALLATION OF TWO PREFABRICATED Page 401 March 22-23, 2005 PEDESTRIAN BRIDGES LOCATED OVER THE SANTA BARBARA CANAL LOCATED ON GOLDEN GATE P ARKW A Y (CR 886); (3) ADVANCING THE $262,500.00 AND THE COUNTY'S CONTRIBUTION OF $75,000 FOR DESIGN AND $37,500.00 FOR CONSTRUCTION FROM THE GAS TAX FUND AND (4) APPROVING FUTURE FISCAL ANNUAL COSTS OF THE BRIDGES' MAINTENANCE AND ALL NECESSARY BUDGET AMENDMENTS-AS DETAILED IN THE EXECUTIVE SllMMARY Item #16B7 BID #05-3771 "SECRETARIAL SERVICES FOR ADVISORY COMMITTEE MEETINGS" AWARDED TO MANPOWER TEMPORARY SERVICES-FOR AN ESTIMATED ANNUAL EXEENDIII1RE..02S,OOO .00 Item #16B8 THE UPDATED, REVISED SCHEDULE FOR THE "COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN" FOR FISCAL YEARS 2006 AND 2007-AS DETAILED IN THE Item #16B9 A BUDGET AMENDMENT TO TRANSFER $1,354,447.90 BETWEEN BUDGETED PROJECTS AS PART OF A MID- YEAR STORMW A TER MANAGEMENT PROGRAM ADJUSTMENT, TO FUND BOTH CAPITAL IMPROVEMENT AND REGULAR MAINTENANCE PROJECTS UNDER FUND Page 402 March 22-23, 2005 Item #16Cl RESOLUTION 2005-121: SATISFACTION OF LIEN FORA SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN - AS DETAILED IN THE EXECUTIVE SllMMA.R Y Item #16C2 RESOLUTION 2005-122: SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN - AS DETAILED IN THE EXECUTIVE SllMMARY Item #16C3 SA TISF ACTION FOR A CERTAIN WATER AND/OR SEWER IMP ACT FEE PAYMENT AGREEMENT FISCAL IMP ACT IS $10.00 TO RECORD THE SATISFACTION OF LIEN - AS Item #16C4 Page 403 _."",...,._,.,_w__".."._~...,_,_."..,__","_.~.,,,,,,_.,_.......,."--.._.""",._-~,--,_.,,-,..~ -~~--,~"-"~.""'-~_._"">>,~..--~-_.__.__..,---._...'"-".-'".,...~. March 22-23, 2005 AN ENGINEERING PROFESSIONAL SERVICES AGREEMENT WITH OWEN AYRES & ASSOCIATES, INC. UNDER RFP #04- 3723, PROJECT #725163, IN THE AMOUNT OF $167,000.00 AND A BUDGET AMENDMENT TO TRANSFER FUNDS AMONG WORK BREAKDOWN STRUCTURE ELEMENTS WITHIN PROJECT #72516 - TO OPTIMIZE AND CONSERVE PUBLIC Item #16C5 BUDGET AMENDMENT, IN THE AMOUNT OF $93,747.96, AND THREE (3) WORK ORDERS UNDER RFQ #03-3522, "TESTING SERVICES FOR INFLOW AND INFILTRATION STUDY", IN THE AMOUNT OF $266,357.96, WITH ADVANCED UNDERGROUND IMAGING, LLC AND SEVERN TRENT ENVIRONMENTAL SERVICES, INC. UNDER THE NORTH COUNTY INFLOW AND INFILTRATION STUDY PROJECT, PROJECT #725021 - TO SUPPORT FIELD-TESTING WORK DEVELOPING RECOMMENDATIONS FOR IMPROVEMENTS THAT WILL LIMIT GROUNDWATER AND STORM WATER Item #16Dl BID #05-3720, AT AN ESTIMATED ANNUAL EXPENDITURE OF $150,000.00 AWARDED TO PRO SOURCE ONE, HELENA CHEMICAL COMPANY, REGENERATED RESOURCES, AND LESCO, INC. AS PRIMARY, SECONDARY, AND TERTIARY VENDORS FOR PURCHASE AND DELIVERY OF FERTILIZER- Item #16D2 Page 404 "'...."''''''''''.,,',;;"_,,.~,~,,~"._..,~"_..._...__..,.... ......~~..._.__"_,...,""^,.,"_,,,,...,,. ".,%,__"_,_,~...o_"._."..,.",,,,.,,"...._",________~_'__~_.-.,-- March 22-23, 2005 AN APPLICATION AND CERTIFICATION OF APPLICATION FOR THE CHAIRMAN TO SIGN, PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR A $500,000 STATE CONSTRUCTION GRANT FOR THE SOUTH REGIONAL Item #16D3 BUDGET AMENDMENT RECOGNIZING REVENUE IN THE AMOUNT OF $16,400.00 FROM AN INSURANCE PAYMENT COVERING DAMAGE TO THE BOARDWALK AT BAREFOOT BEACH PRESERVE - TO KEEP FACILITIES IN GOOD REPAIR Item #16D4 A MODIFICATION TO PURCHASE ORDER #4500035141 WITH NAPLES WHOLESALE BAIT, IN THE AMOUNT OF $25,000.00, EXTENDING THE SOLE SOURCE VENDOR DESIGNATION THROUGH SEPTEMBER 2006, AND APPROVING A SEVEN- DAY PAYMENT SCHEDULE - TO SELL LIVE BAIT TO THE Item #16D5 AUTHORIZING THE LIBRARY DIRECTOR TO SIGN THE "LET'S TALK ABOUT IT: JEWISH LITERATURE" GRANTS APPLICATION TO THE AMERICAN LIBRARY ASSOCIATION FOR A SERIES OF BOOK DISCUSSION PROGRAMS - AS Page 405 March 22-23, 2005 Item #16D6 PUBLIC PARKING LICENSE AGREEMENT WITH ROYAL PALM COUNTRY CLUB OF NAPLES, INC. TO PROVIDE PARKING FOR THE COUNTY-OPERATED BASEBALL FIELD LOCATED ON WARREN STREET AT A COST OF $50.00 FOR RECORDING THE AGREEMENT - AS DETAILED IN THE Item #16D7 LEASE AGREEMENT WITH SOUTHWEST HERITAGE, INC., AS AMENDED, FOR USE OF THE NAPLES RAILROAD DEPOT AS A BRANCH FACILITY OF THE COLLIER COUNTY MUSEUM- Item #16El SECOND AMENDMENT TO THE LEASE AGREEMENT WITH SENATOR BURT SAUNDERS FOR THE CONTINUED USE OF OFFICE SPACE FOR THREE YEARS FORA TOTAL REVENUE OF $30.00 - EXTENDED TO JANUARY 2, 2008, WITH A FOUR- YEAR RENEWAL OPTION PENDING THE SENATOR'S RE- ELECII.ON Item #16E2 REJECTION OF ALL RESPONSES RECEIVED UNDER BID 05- 3776, FASTENERS AND WHEEL WEIGHTS FOR FLEET- TO BE RF,-SOUCIIED Item #16E3 Page 406 March 22-23, 2005 RESOLUTION 2005-123: AUTHORIZING THE COMMISSION CHAIRMAN TO EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2005 CALENDAR YEAR- Item #16E4 REJECTION OF ALL RESPONSES TO RFP #05-3748, ONSITE PRIMARY CARE SERVICES - STAFF WILL REVIEW ALTERNATIVE OPTIONS AND BIDDING APPROACHES FOR A POS S lB.LRRE.::BID Item #16E5 DECLARING CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS, AUTHORIZING THE SALE OF THE SURPLUS PROPERTY ON APRIL 9, 2005, AND AUTHORIZING THE DONATION OF CERTAIN SURPLUS PROPERTY TO REACHOUT EVERGLADES AND COPS ASSOCIATION, INC.- Item #16E6 BID #NO. 05-3764 AWARDED TO UNITED MECHANICAL, INC, AS PRIMARY AND HILL YORK SERVICE CORP. AS SECONDARY, FOR THE PURCHASE, REPAIR, PARTS AND Item #16E7 Page 407 March 22-23,2005 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED Item #16Fl A SOVEREIGN SUBMERGED LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (BOARD OF TRUSTEES) FOR CONSTRUCTION OF A BEACH NOURISHMENT PROJECT ALONG THE SHORELINE OF HIDEAWAY BEACH ON MARCO ISLAND, AT A COST NOT TO EXCEED $61.00 - TO COMPLY WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) CONSOLIDATED JOINT COASTAL PERMIT REQIlIREMENTS Item # 16F2 AWARD RFP #05-3772, FOR COLLIER COUNTY TOURISM WEBSITE DESIGN AND MAINTENANCE, TO MILES MEDIA GROUP (ESTIMATED MAXIMUM CONTRACT AMOUNT Item #16F3 BUDGET AMENDMENT #05-263 FROM COMMUNITY DEVELOPMENT ADMINISTRATION (001) - AS DETAILED IN Item #16Gl - Moved to Item #14A Item #16G2 - Moved to Item #14B Page 408 .... -- ,----- -~..,,"~_._-- March 22-23, 2005 Item #16Hl REQUEST BY COMMISSIONER COLETTA, FOR PAYMENT TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY'S MEMBERSHIP MEETING AND MIXER, ON MARCH 31, 2005, TO BE HELD AT THE REGISTRY RESORT & CLUB THIS EVENT WILL ALLOW COMMISSIONER COLETTA TO REPRESENT DISTRICT 5 AND LEARN MORE ABOUT "THE ECONOMIC TRENDS IN 2005 AND FORWARD" FROM SPEAKER DR. DAVID M. JONES AND INTERACT WITH OTHER GOVERNMENT REPRESENT A TIVES AND COMMUNITY LEADERS - $35.00 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 409 __,,_..._.~,_._._4'_~_"'____'~"'_~'"" BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 22, 2005 FOR BOARD ACTION: 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 January 1. 2005 through January 7. 2005. 2. Disbursements for January 8. 2005 through January 14.2005. 3. Disbursements for January 15.2005 through January 21. 2005. 4. Disbursements for January 22. 2005 through January 28.2005. 5. Disbursements for January 29. 2005 through February 4.2005. 6. Disbursements for February 5. 2005 through February 11. 2005. 7. Disbursements for February 12.2005 through February 18.2005. 8. Disbursements for February 19.2005 through February 25. 2005. B. Minutes: 1. Parks and Recreation Advisory Board - Agenda for February 16,2005; Minutes of January 19,2005. . 2. Lely Golf Estates Beautification M.S.T.U. - Agenda for February 17, 2005; Minutes of January 20, 2005. 3. Radio Road Beautification MS.T.U. - Agenda and Minutes for February 15,2005; Minutes of January 18,2005. 4. Vanderbilt Beach M.S.T.U. - Agenda for March 3, 2005 and Minutes for Feb. 3, 2005. 5. Coastal Advisory Committee - Minutes for January 13,2005. 6. Collier County Citizens Corps Advisory Committee - Agenda and Minutes and February 16,2005. H:Data/Format ,...,',.._,_,..--".----,-o--..-.--.~'-~ 7. Collier County Aiqmrt Authority - Minutes of February 14, 2005; Voting Conflict Form for Robert E. Doyle. 8. Forest Lakes Roadway and Drainage M.S.T.U. -Agenda and Minutes for March 9, 2005; Workshop Agenda for February 23, 2005. 9. Environmental Advisory Council - Agenda and Staff Report for March 2, 2005; Minutes for February 2,2005. 10. Collier County Planning Commission - Agenda for March 3, 2005; Minutes for January 20, 2005 and February 3,2005. 11. Collier County Domestic Animal Services Advisory Committee - Minutes of February 15, 2005. 12. Bayshore Beautification M.S.T.U. - Agenda for March 9, 2005 and Minutes for February 9,2005. 13. Development Services Advisory Sub-Committee - Budget and Operations Sub-Committee - Agenda and Minutes of February 9, 2005. 14. Pelican Bay Services - Agenda for March 2,2005; Minutes of February 2, 2005; Statement of Revenues and Expenditures. a) Budget Sub-Committee - Agenda for February 16, 2005; Minutes of January 19,2005 and February 16,2005. b) Clam Bay Sub-Committee - Minutes of February 2, 2005 15. Collier County Library Advisory Board - Agenda for February 23,2005; Minutes of January 26, 2005. 16. Collier County Hispanic Affairs Advisory Board - Agenda and Minutes of December 16,2004; Agenda and Minutes of January 27, 2005. C. Other: 1) Letter to Robert Murray from Hole Montes, dated February 8, 2005, Contract # 04-3698 for the Airport Authority Consulting Services. 2) Caribbean Gardens Blue Ribbon Committee - Minutes for January 18,2005. H:DataIFormat March 22-23, 2005 Item #16Jl A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REP()RT OF OPEN PURCHASE ORDERS FROM FEBRUARY 19, 2005 TO MARCH 4, 2005 SERVE A VALID PUBLIC PURPOSE AND AUTHORIZED THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES, A COpy OF THE DETAILED REPORT IS ON DISPLAY IN THE COUNTY MANAGER'S OFFICE, 3301 EAST TAMIAMI TRAIL, 2ND FLOOR, W. HARMON TURNER BUILDING, NAPLES, ELQRIDA Item #16J2 RECOGNIZING $1,000,000 OF RESERVES IN FUND 178, COURT INFC)RMATION TECHNOLOGY FEES AND INCREASING THE TRA.NSFER TO THE CLERK OF THE CIRCUIT COURT IN THE SAME AMOUNT - AS DETAILED IN THE EXECUTIVE SI..Thl1MAR Y Item #16Kl ALLOWING RONALD 1. ECHOLS, PH.D., MARY W. ECHOLS ANI) JOHN CUMBERLIDGE TO GO ON TO LAND RECENTL Y ACQUIRED THROUGH THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE PROGRAM FOR GEC)LOQICAL RESEARCH PURPOSES - AS DETAILED IN THE EXECUIIYE_SUMMAR Y Item #16K2 Page 410 March 22-23, 2005 A STIPULATED FINAL JUDGMENT AS TO PARCELS 128,728 AND 130 IN THE LAWSUIT STYLED COLLIER COUNTY V. STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, INC., ET AL., CASE NO. 04-3588-CA (IMMOKALEE ROAD PROJECT #66042)-AS DETAILED IN THE EXECUTIVE SllMMARy Item#17A ORDINANCE 2005-13: PUDZ-A-2004-AR-6888, MDG CAPITAL CORPORATION, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REQUESTING A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) FOR A PROJECT KNOWN AS THE ARROWHEAD PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT TO CHANGE THE PUD TYPE TO A MIXED USE PUD, CHANGE THE RESIDENTIAL DEVELOPMENT STANDARDS REGULATIONS, UPDATE THE LDC CITATIONS, AND ADD LANGUAGE TO ADDRESS AFFORDABLE HOUSING COMMITMENTS. THE SUBJECT PROPERTY, CONSISTING OF 307.4 ACRES IS LOCATED AT THE CORNER OF LAKE TRAFFORD ROAD AND THE PROPOSED CARSON ROAD EXTENSION, IN SECTION 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST; AND IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, Item #17B - Moved from Item #8G ORDINANCE 2005-14: PUDZ-A-2003-AR-4942 CONQUEST DEVELOPMENT USA, LC. REQUESTING A PUD TO PUD REZONE FOR PROPERTY LOCATED ON THE EAST SIDE OF Page 411 March 22-23, 2005 COLLIER BOULEVARD (CR 951) AND APPROXIMATELY 1 0/4 MILES SOUTH OF TAMIAMI TRAIL (US 41), FURTHER DESCRIBED AS SILVER LAKES, IN SECTION 10 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, ELQRIDA **** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2: 14 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL. ':J:..~ ~ FRED COYLE, Cha an '0" ATTEST. ",<'~;"."S'D'~~I~>'" \~~ II(~~;;" \::.1 ........ '.(,.I,,,,", '., DWIG~1;;j1::.~qp.~.,.CLERK { fl (t;~t;.':'.' .)~~::;~. - , It.. L)';~ i4zu~~. M. ~ ~ft..."",. .~ ~U:~te~~~pp;6~ed by the Board on ClpML 41 too 5 presented / or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 412