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BCC Minutes 04/26/2005 R April 26, 2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 26, 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 Derek Johnssen, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ii' .. " .. ........'....... ''< <--....,....--... ..',':. AGENDA April 26, 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 April 26, 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Co-Minister Albert Wingate, Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda. ) B. March 22, 2005 - BCC/Regular Meeting C. March 25,2005 - BCC/Concurrency Workshop D. March 31, 2005 - BCC/Beach Access Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Jeffrey Kucko, Building Review and Permitting 2) Walter Suttlemyre, Building Review and Permitting Page 2 April 26, 2005 B. 25 Year Attendees 1) Allen Madsen, Tourism 4. PROCLAMATIONS A. Proclamation to designate the week of April 25 through April 29, 2005 as the 26th Anniversary of the Know Your County Government Week. To be accepted by students Lee Davidson and Esther Anofils. B. Proclamation to designate May 9th through May 13th, 2005 as Tourism Week in Collier County. To be accepted by Jack Wert, Collier County Tourism Director. C. Proclamation to designate the month of April 2005 as Child Abuse Prevention Month. To be accepted by Sharon Winkelmann, Youth Haven. D. Proclamation to recognize the week of May 6 through 12, 2005 as Nurses Week 2005. To be accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN. E. Proclamation to recognize the Collier County Medical Society and the Physician Led Access Network of Collier County. To be accepted by Ms. Lauren Leifer, Executive Director for Physician Led Access Network of Collier County. F. Proclamation to designate May 14th as a Day of Grace. To be accepted by Matt and Bess Raulerson, parents of Emma Grace, who died of a rare chromosomal disorder called Trisomy. G. Proclamation to recognize April 26, 2005 as Naples Sharks U-14 Boys Soccer Team Day. To be accepted by Michael Pettit, Chief Assistant Collier County Attorney, the soccer team, and Coach Mark Wilkinson. H. Proclamation to designate April 26, 2005 as Publix Supermarket's Charities and Publix Supermarket Employees Day. To be accepted by Ernie Bretzmann on behalf of United Way. 5. PRESENTATIONS Page 3 April 26, 2005 A. Recommendation to recognize Patricia Clemens, Special Needs Technician, Bureau of Emergency Services, as Employee of the Month for April 2005. 6. PUBLIC PETITIONS A. Public Petition request by P J Noe to discuss suggestion regarding child endangerment, animal abuse, property depreciation and Sheriff Don Hunter's deputy expenses. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-5746 Jesse J. Hardy represented by Richard H. Thompson, P.E, requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south ofI-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160:f: acres. 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve a millage rate increase from 3 to 4 mil for the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit(MSTU). B. ReQuest this item to be continued to the May 10. 2005 BCC meetin2:. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR- 6258, Elias Brothers Communities at Palermo Cove, Inc., represented by Dwight Nadeau, of RWA, Inc., and Chuck Basinait, of Henderson, Franklin, Starnes & Holt, P.A. requesting a rezone from the Agriculture zoning district to the Residential Planned Unit Development (RPUD) zoning district to be known as Palermo Cove PUD, consisting of 131 acres and a maximum of 524 residential dwelling units. The property is located north of Wolfe Road, west of Collier boulevard (CR 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida Page 4 April 26, 2005 C. This item reQuires that all participants be sworn in and ex parte disclosure by provided by Commission members. PUDZ-A-2004-AR- 6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119:f: acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of members to the Immokalee Enterprise Zone Development Agency. C. Commissioner Henning's request to discuss and identify additional funding for off-season tourism advertising. 10. COUNTY MANAGER'S REPORT A. This item has been continued from the March 22. 2005 BCC Meetin2: to the April 12. 2005 BCC Meetin2: and has been further continued to the April 26. 2005 BCC Meetin2:. Recommendation to approve Resolution 2005- creating the Habitat Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator, Community Development) B. Recommendation to approve three (3) funding agreements with the South Florida Water Management District for a total amount of $990,000.00 providing assistance with design and construction of four (4) Stormwater Improvement Projects. (Norman Feder, Administrator, Transportation Services) C. Presentation of the three final proposed designs for the Collier County Page 5 April 26, 2005 Freedom Memorial. 1. This item to be heard at 10:30 a.m. This item continued from the April 12,2005 BCC Meeting. Recommendation to approve, and authorize the Chairman to sign: (1) an Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, whereby Collier County agrees to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build-out of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road, in exchange for the donation of an estimated $7,800,000 in right of way and other substantial considerations. (Norman Feder, Administrator, Transportation Services) E. Recommendation to authorize county staff to purchase Ironwood Golf Course at auction in an amount not to exceed $1, 100,000. (Marla Ramsey, Administrator, Public Services) F. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $842,700 for funds from the Federal Transit Administration for the Collier Area Transit system. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 6 April 26, 2005 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Juniace Senecharles for 1.14 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30,850. 2) Recommendation to approve an Agreement for Sale and Purchase with Robert C. Malt for 83.18 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $4,781,080. 3) Recommendation to approve Resolution 2005- approving a Target Protection Areas outreach mailing strategy for Conservation Collier's third property selection cycle. 4) Recommendation to grant final approval of the roadway (public) and drainage improvements for "Whippoorwill Lane (from Pine Ridge Road, South to Stratford Place entrance"). The roadway and drainage improvements within the right-of-way will be maintained by Collier County. 5) Petition CARNY-2005-AR-7495, Fred Hollingsworth, President, Three Ring Entertainment, Inc., d/b/a Holly Bros. Barney and Bidwell Circus, requesting a permit to conduct a circus from May 9, 10, and 11, 2005, at the Immokalee Regional Airport located at 165 Airpark Boulevard. 6) Recommendation to approve for recording the final plat of "Coco Lakes Estate Homes". 7) Recommendation to approve for recording the final plat of "Independence Phase Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1) Recommendation to approve Supplemental Agreement No.2 in the amount of$161,147.50 for Additional Engineering, Permitting and Post Design Services to be provided by Agnoli, Barber, & Brundage, Page 7 April 26, 2005 Inc., for relocating the entrance and access road to the Collier County School District Bus Facility, designing a pathway on the north side of the roadway and to provide Post Design Services for the six-laning of Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard at this time, Project No. 60169. 2) Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for Traffic Signal Mast Arm Rebuilds at Vanderbilt Beach Road at Vanderbilt Drive; Vanderbilt Drive at III th Avenue North; Seagate Drive at West Boulevard; Pine Ridge Road at Pine Ridge Middle School, and Golden Gate Parkway at Naples High School in the amount of$375,511. 3) Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $1,895,000.00. 4) Recommendation to approve award of a construction contract with Bonness, Inc. for intersection improvements in the amount of $519,276.07 on Golden Gate Boulevard at Everglades Boulevard, Bid No. 05-3802. 5) Recommendation to approve advertisement for bids to construct the six-Ianing of Rattlesnake Hammock Road, from Polly Avenue to Collier Boulevard, Project No. 60169 at an estimated construction cost of $20 million. 6) Recommendation to award bids and approve the Annual Agreements for Title Commitments and Real Estate Closing Services and authorize the Chairman to execute same on behalf of the Board. 7) Recommendation to approve submittal of a Florida Forever (FF-5) Grant to the Florida Communities Trust for the Gordon River Water Quality Park in the amount of$8,600,000. 8) Recommendation to approve Change Order No.5 to Contract #04- Page 8 April 26, 2005 3651 with Hannula Landscaping, Inc., for Livingston Road (Radio Road to Pine Ridge Road) Landscape Beautification (Project No. 600714) in the amount of$148,470.33. 9) Recommendation that the Board of County Commissioners (I) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the State Department of Transportation in which Collier County would be reimbursed up to $586,500 of the total estimated cost of $702,000 for the design and installation and construction engineering inspection of two prefabricated bicycle and pedestrian Bridges on Vanderbilt Drive; (2) authorize the advance of the $586,500 plus the additional non-refundable project cost of $115,500 from the Gas Tax Fund; and (3) approve future fiscal year annual costs of bridge maintenance and all necessary budget amendments. C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. D. PUBLIC SERVICES 1) Recommendation to approve a Lease Agreement with Vanderbilt Page 9 April 26, 2005 Properties, Inc. for use of vacant land to be used for temporary parking and a construction staging area without cost to the County. 2) Recommendation to approve the Older Americans Act Disaster Relief Program contract in the amount of $3,500,000 between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida and authorize the Chairman to sign the agreement. 3) Recommendation to approve budget amendments to reflect an overall increase of $11 ,928 in the Older Americans Act programs and authorize the Chairman to sign contract amendment OAA.203.05 #001 between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. 4) Recommendation to approve Contract Amendment No. I, to Contract No. 03-3537, "Tourism Development Council Marketing Services" with Paradise Advertising and Marketing, Inc. to include the development of a strategic public relations program for the Collier County Museums and the Naples Depot in the amount of$20,200. E. ADMINISTRATIVE SERVICES 1) Recommendation to reject all proposals received under RFP 05-3747, Indoor Air Quality Services. 2) Recommendation to approve usage of the School Board of Miami- Dade County Industrial Equipment and Supplies Discount Bid (051- DD9) over the twenty-five thousand dollar threshold for the purchase of hardware and related items for maintenance, operations and repair. 3) Recommendation to award RFP 05-3761, SAP Consulting Services to Rapidigm Inc. and TUI Consulting Inc. (Estimated Annual Cost $150,000) 4) Recommendation to reject the award to Fort Bend of 25% sodium hydroxide on Bid 04-3706-"Chemicals for Utilities" in the estimated annual amount of $59,850.00 and award corrected annual estimate of $94,050.00 to Allied Universal Corporation. 5) Recommendation to award RFP No. 05-3799 for Process Page 10 April 26, 2005 Mapping/Analysis Services in the amount of $225,000.00. 6) Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for Retrofit of Collier County Health Department Building H in an amount not to exceed $350,000. F. COUNTY MANAGER 1) Approve an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Tourism Agreement with the City of Naples for Lowdermilk Park Parking Lot Reconstruction/Restoration Project #90019 in the amount of$375,000. 2) Recommendation that the Board of County Commissioners Award RFP #05-3775 for Environmental Consultant for Clam Bay Restoration to Turrell and Associates, Inc. in the amount of $162,000. 3) Recommendation to approve an Interlocal Agreement between the North Naples Fire and Rescue District and Collier County for an Advanced Life Support Engine Partnership Program and approve the necessary Budget Amendment. 4) Recommendation to approve a one-year contract with HealthStream, Inc. to provide Distance Learning Software for the Collier County Emergency Medical Services at a cost of $28,080. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommenation to approve Contract Amendment A-2 involving Contract #03-3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District". 2) Board of County Commissioners adopt a Resolution to authorize expenditure of an anticipated $500,000 United States Department of Agriculture Grant, and to authorize expenditure of an anticipated $500,000 Florida State Rural Infrastructure Grant, both grants to fund Phase I construction of a Surface Water Management Detention Pond Page 11 April 26, 2005 Advanced Life Support Engine Partnership Program and approve the necessary Budget Amendment. 4) Recommendation to approve a one-year contract with HealthStream, Inc. to provide Distance Learning Software for the Collier County Emergency Medical Services at a cost of $28,080. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommenation to approve Contract Amendment A-2 involving Contract #03-3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District". 2) Board of County Commissioners adopt a Resolution to authorize expenditure of an anticipated $500,000 United States Department of Agriculture Grant, and to authorize expenditure of an anticipated $500,000 Florida State Rural Infrastructure Grant, both grants to fund Phase I construction of a Surface Water Management Detention Pond required at the Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Naples Alliance for Children Annual Advocacy Dinner and Apple Blossom A ward ceremony on May 5, 2005 at the Country Club of Naples. $35.00 to be reimbursed from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended the Marine Corps League of Naples Annual Press Day Luncheon on April 20, 2005 at the Elks Lodge. $13.00 to be reimbursed from Commissioner Halas' travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to speak at the Naples Gulf Shore Rotary meeting on May 4, 2005 at the Page 12 April 26, 2005 Naples Beach Hotel. $15.00 to be reimbursed from Commissioner Halas' travel budget. 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Economic Development Council Membership Mixer hosted by Edison College on May 4, 2005 at Edison College Collier Campus. $15.00 to be reimbursed from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders dated March 19,2005 through April 1, 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, 2nd floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida. K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $1000 as to Parcel 135 in the lawsuit styled Collier County v. Edward Olah, Trustee, et aI., Case No. 96-1314-CA (Rattlesnake Hammock Rd Four Laning Project 65021). (Fiscal Impact: $900) 2) Request by the Collier County Industrial Development Authority for Approval of a Resolution Authorizing the Authority to Issue Revenue Bonds to be Used to Finance Water and Wastewater Utility Facilities for Ave Maria Utility Company. 3) Recommendation that the Board of County Commissioners (1) Execute the Attached Agreement Between the Department of Community Affairs and the Board of County Commissioners Which Would Have the Effect of Allowing Variations for Plantation Island Page 13 April 26, 2005 (Unrecorded) Subdivision, Units One, Two and Three From the Big Cypress Area of Critical State Concern Regulations as Implemented by Collier County Through its Growth Management Plan and Land Development Code and (2) Direct That the Definition of the Term "Variance" in the Land Development Code be Amended to Include V ariations From the Big Cypress Area of Critical State Concern Regulations as Implemented By the Land Development Code. 4) Recommendation that the Board of County Commissioners authorize the employment of a land use attorney and legal secretary to be dedicated to Community Development and Environmental Services issues and approve the necessary budget amendments. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION 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. CU-2004-AR-6671, Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requests approval of a Conditional Use pursuant to Table 2 of Section 2.04.03 of the Land Development Code, to allow permitted personal services, video rental or retail uses (excluding drug stores), with more than 5,000 square feet of gross floor area in the principal structure, in the C-3, Commercial Intermediate, Zoning District. The property to be considered for the Conditional Use is located at 4403 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County Florida. This property consists of2.53 +/-acres. B. This item reQuires that all participants be sworn in and ex parte Page 14 April 26, 2005 disclosure be provided by Commission members. CU-2004-AR-6090 Collier County Public Utilities represented by Brian Nelson, ASLA of Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant to Section 2.01.13.G.l of the Land Development Code for "Essential Services," more particularly identified as a "Master Pump Station" in the Estates zoning district. The property is located south of Immokalee Road, less than 1/2 mile west of Wilson boulevard on Tract 84, Unit 20, Golden gate Estates, in Section 28, township 48 South, Range 27 East, consisting of 1.65 acres. C. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. PUDZ-2004-AR- 6383, William L. Hoover, Manager Catalina Plaza, LLC, represented by William L. Hoover, Hoover Planning & Development, Inc. and Richard D. Yovanovich, Goodlette, Coleman, & Johnson, P.A., requesting a rezone from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) for a project known as the Carolina Plaza Mixed Use PUD to allow a maximum of 64 dwelling units and 150,000 square feet of retail space and office space. The subject property, consisting of 15.88+ acres, is located on the north side of Vanderbilt Beach Road, approximately ~ mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 15 April 26, 2005 April 26, 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 going to wait for just a moment while Commissioner Fiala asks a question of the county attorney. COMMISSIONER HENNING: What are you waiting for? CHAIRMAN COYLE: I'm waiting for Commissioner Fiala to get a question answered by county attorney, if you don't mind. COMMISSIONER FIALA: It will only be a second. CHAIRMAN COYLE: I'll start it whenever we need to get it started. COMMISSIONER HENNING: We've got all day. CHAIRMAN COYLE: That's right. Thank you very much. Will everyone please stand for the invocation by co-minister Albert Wingate of the Unity of Naples Church. MR. WINGATE: I invite each of us to close our eyes and open our hearts. Dear holy, loving creator, we give thanks that we are able to come together in peace. We give thanks that we are able to come together and share our thoughts, our ideas, our beliefs, our common thoughts, and our differences. Loving God, as we move through this time together, we ask that your vision -- your wisdom guide and direct our decision-making, that all that we do be tempered in justice and love. May each person who is dealt with today be recognized and acknowledged as your child regardless of their position of power or station in life. And when the tasks of this day are finished, may our hearts truly tell us that we have done your work and your will. All this we ask in your holy name, amen. CHAIRMAN COYLE: Would you please join us -- MR. WINGATE: Thank you. Page 2 April 26, 2005 CHAIRMAN COYLE: -- in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you very much. County Attorney, do you have any words of wisdom with respect to our agenda today? MR. WEIGEL: Hopefully the words of wisdom will come a little bit later, but no changes to the agenda. We are providing some new information to Ms. Fiala in regard to agenda item for the community redevelopment district agreement. I don't have the number in front of me right now, but that may be being moved to regular agenda for discussion. But I think Ms. Fiala may address that further. CHAIRMAN COYLE: Okay. Thank you very much. County Manager? Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Commissioner, agenda changes, Board of County Commissioners' meeting, April 26th, 2005. First item is item 7 A. The title should read, conditional use 2004-AR-57 -- CHAIRMAN COYLE: Jim, could you get closer to that mike? I'm having a little difficulty hearing you. MR. MUDD: Yes, sir. I'm going to let Leo do this. CHAIRMAN COYLE: Okay, all right. MR. OCHS: Item 7 A, title should read, CU-2004-AR-5746. The Board of Trustees of the Internal Improvement Trust Fund represented by the Florida Department of Environmental Protection, requesting conditional use number one of the "A" rural agricultural district for Page 3 April 26, 2005 off-site removal of earthen material in conjunction with the permitted use of acquaculture. The property is located approximately two miles south of I - 75 and one mile east of Everglades Boulevard in Section 16, Township 50 south, Range 28 east, Collier County, Florida, and consists of 160 plus or minus acres. That's at staff request. Next change is to add item 9D. It's a request from Commissioner Coy Ie to discuss the proposed growth management bill, both House Bill 1865 and Senate Bill 360. Next item, 10E. This is a correction to the executive summary under considerations. The third paragraph should read: The Clerk of Courts will conduct a foreclosure sale of the property described in Exhibit A of the final judgment in foreclosure on May 4, 2005. Board approval of this action will authorize public services Division Administrator Marla Ramsey or Assistant County Attorney Jeff Klatzkow or their designee to bid up to $1,100,000 on the property, pending receipt of two appraisal values equal to or greater than, rather than less than as it currently reads, the authorized purchase amount, and that's at staff request. There's a state requirement that we have two appraisals, and we need to bid up to that amount. Then we have two time-certain items. Item lOB is to be heard at 10 a.m. That is a recommendation to approve three funding agreements with the South Florida Water Management District for a total amount of $990,000 providing assistance with design and construction of four stormwater improvement projects. We have several officials from the district here this morning. And then the second item is item 10D. That item is to be heard 10:30 a.m. That is a recommendation to approve and authorize the chairman to sign an interlocal agreement with the board of supervisors of the Ave Maria stewardship community district whereby Collier County agrees to reserve the district sufficient capacity on Collier Page 4 April 26, 2005 County's road public facility to complete the buildout of the town of Ave Maria and also to authorize a developer contribution agreement with Ave Maria Development, L.L.L.P., wherein the county has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for the donation of estimated $7,800,000 in right-of-way and other substantial considerations. We have no other, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Ochs. Does the board have any questions concerning the summary agenda? COMMISSIONER FIALA: Yes. I'd like to pull 17 A, please. CHAIRMAN COYLE: Okay. Commissioner Fiala would like to pull item 1 7 A and place it on the regular agenda. COMMISSIONER FIALA: And then on 16G 1 there's some confusion on -- regarding 16G 1, and I rather than -- rather than address it today, I would like to see it continued to the next agenda. CHAIRMAN COYLE: Okay. Commissioner Fiala would like to have 16G 1 continued to the next agenda. Any other questions concerning the summary agenda? (N 0 response.) CHAIRMAN COYLE: Do the board members have any ex parte disclosure for the summary agenda? Commissioner Halas? COMMISSIONER HALAS: For the summary agenda, I do not have any ex parte, and I don't have anything else to address on today's agenda. CHAIRMAN COYLE: Okay, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you. On the summary agenda, we already have pulled 1 7 A, and we'll be making our disclosures at that time, is that correct, 1 7 A? CHAIRMAN COYLE: Yes, we can do that at that time. Page 5 April 26, 2005 COMMISSIONER COLETTA: Okay. Then 17B, I've had correspondence on. No other items on the summary agenda, however, I do want to make a comment on item 16D 1, which is the recommendation to approve a lease agreement with Vanderbilt Properties Incorporated for the vacant land to be used for temporary parking and construction staging area without cost to the county. That's a wonderful item. That's a very big good-news item that I hate to see go by on the consent agenda without some recognition to the Vanderbilt Property, Incorporated, but what they've done to be able to use -- to continue offering beach parking while we're doing the construction of the parking garage. And I just didn't want to let this opportunity to go by without extending a personal thank-you to them on my behalf and I'm sure on behalf of the rest of the commission -- CHAIRMAN COYLE: Good, thank you. COMMISSIONER COLETTA: -- and the public. CHAIRMAN COYLE: Thank you very much, Commissioner Coletta. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no disclosures for the summary agenda and no disclosures actually for anything on the consent agenda. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I received an e-mail on Catalina Plaza. That's the only disclosures I have. CHAIRMAN COYLE: Okay. And I have no disclosures for the summary agenda and -- MR. OCHS: Mr. Chairman, excuse me, if I might. 1 7 A will become 7B. CHAIRMAN COYLE: 7B. MR. OCHS: Under Board of Zoning Appeals. CHAIRMAN COYLE: Okay. Thank you. And I have no changes to the regular, consent, or summary agenda. Page 6 April 26, 2005 Is there a motion to approve today's regular, consent, and summary agenda as amended? COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: Motion by Commissioner Halas. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Any 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. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 26. 2005 Item 7 A - The title should read: CU-2004-AR-5746. The Board of Trustees of the Internal Improvement Trust Fund represented by the Florida Department of Environmental Protection, requesting Conditional Use #1 of the "A" Rural Agricultural District for off-site removal of earthen material in conjunction with the permitted use of Acquaculture. The property is located approximately two miles south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160+/- acres. (Staff request.) Add Item 90: Commissioner Coyle to discuss Growth Management Bill HB 1865 and SB 360. Item 10E: Correction to the executive summary. Under Considerations, the third paragraph should read: "The Clerk of Courts will conduct a foreclosure sale of the property described in Exhibit A of the Final Judgment in Foreclosure on May 4, 2005. Board approval of this action will authorize Public Services Division Administrator Marla Ramsey or Assistant County Attorney Jeff Klatzkow or their designee to bid up to $1,100,000 on the property, pending receipt of two appraisal values equal to or greater than (rather than "less than") the authorized purchase amount. (Staff request.) TIME CERTAIN ITEMS: Item 10B to be heard at 10:00 a.m. Recommendation to approve three (3) funding agreements with the South Florida Water Management District for a total amount of $990,000 providing assistance with design and construction of four (4) Stormwater Improvement Projects. Item 100 to be heard at 10:30 a.m. Recommendation to approve and authorize the Chairman to sign: (1) an Interlocal Agreement with the Board of Supervisors of the Ave Maria Stewardship Community District, whereby Collier County agrees reserve the District sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road, in exchange for the donation of an estimated $7,800,000 in right-of-way and other substantial considerations. April 26, 2005 Item #2B, #2C, #2D MINUTES OF THE MARCH 22, 2005 BCC REGULAR MEETING MINUTES, MARCH 25, 2005 BCC CONCURRENCY WORKSHOP, AND MINUTES FROM THE MARCH 31, 2005 BCC BEACH ACCESS WORKSHOP - APPROVED AS PRESENTED CHAIRMAN COYLE: It is unanimous. Thank you very much. Do I have a motion to approve the March 22nd, 2005/BCC Regular meeting minutes; the March 25,2005, BCC/Concurrency Workshop Minutes; and the March 31, 2005/BCC Beach Access Minutes? COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion for approval by Commissioner Fiala, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #3 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD Page 8 April 26, 2005 MEMBERS) That brings us to service awards. I understand we have two 20-year service awards. MR. MUDD: We have a total of three. CHAIRMAN COYLE: We have three, okay. MR. MUDD: Yes, sir. Are you going to come down or are you going to take it from up there? CHAIRMAN COYLE: Where are the awards? The awards down there? MS. ARNOLD: Yes. CHAIRMAN COYLE: Then we'll come down there. MR. MUDD: Mr. Chairman, the first 20-year attendee award goes to Jeffrey Kucko from Building Review and Permitting. (Applause.) COMMISSIONER FIALA: I get to shake your hand twice. MR. KUCKO: Oh, come on. Give me a hug. COMMISSIONER FIALA: Okay. Hugs are much better. CHAIRMAN COYLE: No hugs. MR. KUCKO: Thank you. Thank you very much. CHAIRMAN COYLE: Congratulations. COMMISSIONER COLETTA: Congratulations. The next 20 will be a lot easier. MR. KUCKO: Yes. All you guys change so often. CHAIRMAN COYLE: Come over here for a picture. MR. KUCKO: Okay, quick. Thank you. Did you want to get that certificate from that place we've got over there, Victoria's Secret? COMMISSIONER COLETTA: Another free game of golf, right? (Applause.) MR. MUDD: The next 20-year attendee is Walter Suttlemyre Page 9 April 26, 2005 from Building Review and Permitting. One of the interesting notes on Walter as he's coming up, you know, he's been an inspector for building review and permitting for 20 years, and he also keeps a log on how much mileage he does and how many inspections he does and how many he's performed. Since 1985, he's performed 109,627 inspections, and he's driven over 187,000 miles, okay, in that 20-year period of time. Come on up, Walter. (Applause.) COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: Thank you. MR. SUTTLEMYRE: Don't hurt me. COMMISSIONER HENNING: Congratulations. MR. MUDD: Walter, we need a picture. (Applause.) MR. MUDD: And we have one 25-year awardee, and that's Al Madsen, and he works on the beach, and he's in the Tourism Department. (Applause.) COMMISSIONER FIALA: You're looking spiffy. CHAIRMAN COYLE: Congratulations. COMMISSIONER COLETTA: Thank you very much. COMMISSIONER HENNING: Congratulations. COMMISSIONER HALAS: Thank you. (Applause.) Item #4A PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 25 THROUGH APRIL 29, 2005 AS THE 26TH ANNIVERSARY OF THE KNOW YOUR COUNTY GOVERNMENT WEEK- ADOPTED Page 10 April 26, 2005 MR.OCHS: Mr. Chairman, that takes us to item 4, Proclamations. First proclamation is a proclamation to designate the week of April 25th through April 29th, 2005, as the 26th anniversary of the Know Your County Government Week, to be accepted by students Lee Davidson and Esther Anofils. CHAIRMAN COYLE: And that proclamation will be read by Commissioner Henning. COMMISSIONER HENNING: Whereas, county government is a complex and multifaceted process which affects the lives of all residents of Collier County. That's an understatement; and, Whereas, the increased knowledge of the various aspects of county government work can enhance individual quality of life in Collier County; and, Whereas, it is desirable for all county residents to be knowledgeable of county government and how it works; and, Whereas, League of Women Voters of Collier County, Collier County University Extension/4-H Youth Development, and the Collier County Public Schools have co-sponsored Know Your County Government teen citizens' program for 26 years; and, Whereas, Know Your Government -- County Government Week was implemented to make the understanding of government, county government, more accessible to our community. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that the week of April 25th through the 29th, 2005, be designated as the 26th anniversary of Know Your County Government Week. Done in this order, April 26th, 2005. Mr. Chairman, I make a motion we approve this proclamation. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: I second that. CHAIRMAN COYLE: Okay. A motion by Commissioner Page 11 April 26, 2005 Henning, 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: It is unanimous. Thank you very much. (Applause.) CHAIRMAN COYLE: Stay here for a picture. MR. MUDD: How many folks here are from Know Your Government? Could you stand up? (Applause.) MR. MUDD: Now, you've got to smile when you get this picture taken. Come on, break a smile. It's okay. It's a nervous smile, but it's a smile nonetheless. CHAIRMAN COYLE: Okay. Thank you very much. Does anyone wish to speak at this point? Okay. MS. ANOFILS: Good morning, everyone. My name is Esther Anofils. I'm from Immokalee High. We wish to talk -- we wish to thank about a story -- we wish to thank you, the County Manager, and the Collier County division and department heads, the constitutional officer and adults from Collier University of Florida, IFAS Extension 4-H Youth Development Program, Collier County League of Women Voters and Collier County Public Schools who have worked together to make the Collier County government program possible. Twenty-nine high school students from throughout Collier County are participating, representing Naples High, Barron Collier, Immokalee, Gulf Coast, Lely, St. John Neumann, and as well as homeschoolers. Some of the places and people we have visited and what we Page 12 April 26, 2005 learned include going to the Collier County Landfill where we learned about the importance of recycling. We enjoyed the Collier County Museum with Mr. David Southall and learned about the history of Collier County, enjoyed the government animal services, the sheriffs department service, the Collier County Supervisor, water plant quality, the Health Department also have information about emergency management services. MR. DAVIDSON : We've learned many things through this program, and we've learned some of the challenges that are facing Collier County. We learned that there are many perilous challenges facing Collier County. Many of these challenges have been successfully overcome, but there are still a few challenges that present themselves to this great county, such as what to do with an ever-growing population. This problem may seem simple and easy to handle, but it isn't. A booming population affects every aspect of county government, since government is in the business of people. Another great challenge facing this county is what to do with waste, since the landfill is running out of space. There are alternate ways to dispose of this waste, ways that could greatly benefit this area's citizens, such as turning waste into cheap, useful energy. These are just a few of the challenges that we have learned about through this program and challenges we are glad that you, the county commissioners, are working on. Weare looking forward to the amazing things planned for this county and all these great changes that will occur in the county, especially the new water park going in on Livingston Road, and I'm glad to call this great county home. Also, in closing, on behalf of the Collier County 4- H Club, I would like to thank the United Way, here to receive a proclamation later for their funding and support of this great program. Thank you. (Applause.) Page 13 April 26, 2005 CHAIRMAN COYLE: Thank you. Item #4B PROCLAMATION TO DESIGNATE MAY 9TH THROUGH MAY 13TH, 2005 AS TOURISM WEEK IN COLLIER COUNTY - ADOPTED MR.OCHS. Next item, Mr. Chairman, is 4B, proclamation to designate May 9th through May 13th, 2005, as Tourism Week in Collier County, to be accepted by Jack Wert, Collier County Tourism Director. CHAIRMAN COYLE: And I will present this proclamation. Jack, come on up. Good morning. MR. WERT: Good morning. CHAIRMAN COYLE: Whereas, travel and tourism is the largest industry throughout Florida. It employs more than 890,700 people and produces more than $56.5 billion in revenue from taxable sales; and, Whereas, the travel and tourism industry supports the vital interests of Collier County, Florida, and the United States, contributing over 25,000 jobs to our community, economic prosperity, peace, understanding, and goodwill; and, Whereas, 1.6 million visitors contributed nearly one billion dollars to the economy of Collier County in 2004; and, Whereas, it is in the best interest of Collier County citizens to inform them of the direct and indirect benefits of tourism; and, Whereas, as travelers become more aware of Collier County's outstanding beaches, golf, shopping, restaurants, and natural historic and cultural activities, travel and tourism will become an increasingly important aspects in the lives of our citizens; and, Whereas, May the 9th to the 13th, 2005, is being observed Page 14 April 26, 2005 throughout the State of Florida as National Tourism Week; and, Whereas, given these contributions to the economic, social, and cultural well-being of the citizens of Collier County, it is fitting that we recognize the importance of travel and tourism to our community. Now, therefore, be it proclaimed that the Board of County Commissioners wishes to acknowledge the contributions to the economy of Collier County, Florida, by the travel and tourism industry by designating May 19th (sic), 2005, as Tourism Week in Collier County, and that this proclamation be acknowledged by the Greater Naples, Marco Island, Everglades Convention and Visitors Bureau at their third annual tourism awards luncheon on May the 11th, 2005. Done and ordered this 26th day of April, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. I make a motion we accept this proclamation. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner 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 is unanimously approved, Mr. Wert. Thank you very much. (Applause.) COMMISSIONER FIALA: I'm coming to your luncheon. CHAIRMAN COYLE: Picture. MR. WERT: Let me bring my staff up, please, too, if you would very quickly. Page 15 April 26, 2005 CHAIRMAN COYLE: Sure, bring them up. MR. WERT: Thank you. COMMISSIONER HENNING: Hurry up. CHAIRMAN COYLE: Thank you very much. (Applause.) MR. WERT: Commissioners, thank you very much. For the record, I'm Jack Wert, tourism director for the county. And on behalf of the 27,000 employees in the tourism industry in Collier County, I really do want to thank you for this recognition. It is -- as you stated, we will be presenting this proclamation at our awards luncheon on the 11 th of May, and we will be honoring a number of real stars in our tourism industry, often people that don't get recognition, the behind the scenes kind of people. So we've been doing that now for three years. As the proclamation states, tourism is a huge industry here in Collier County. In fact, this past year the contribution from our guests here was over one billion dollars, and those people working in this industry and the financial contribution that our guests make ends up saving our residents here in Collier County over $542 just last year. So it's a significant industry. It's one that's extremely important to our economy here, and I can promise you that our tourism staff will work very hard in making sure that this summer is also a vibrant one, and we keep those people employed, and we keep our community as lively and wonderful as it is. Thank you. (Applause.) Item #4C PROCLAMATION TO DESIGNATE THE MONTH OF APRIL 2005 AS CHILD ABUSE PREVENTION MONTH - ADOPTED MR. OCHS: Item 4C is a proclamation to designate the month of Page 16 April 26, 2005 April 2005 as Child Abuse Prevention Month, to be accepted by Cheryl Winkelmann from Youth Haven. CHAIRMAN COYLE: And this proclamation will be read by Commissioner Fiala. COMMISSIONER FIALA: Whereas, every child in our community of Naples and Collier County is a precious gift full of promise and potential; and, Whereas, child abuse and neglect is a serious problem in Collier County and across our nation; and, Whereas, the prevention of child abuse is crucial to the preservation of the health and well-being of families in Collier County and is being accomplished by Youth Haven's programs that provide support and information to families as well as community awareness; and, Whereas, all children learn from role models at home, at their place of worship, at school, and in their communities, and all children benefit from the love and leadership displayed by caring and responsible adults; and, Whereas, children are our most precious resource, and we at Youth Haven are committed to keeping the children who live in our community safe and happy. Now, therefore, the Board of County Commissioners of Collier County, Florida, hereby designate April 2005 as Child Abuse Prevention Month and call this observance to the attention of all in our community. Done and ordered this 26th day of April 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Mr. Chairman, I make a motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. Page 1 7 April 26, 2005 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much. (Applause.) CHAIRMAN COYLE: Get a photo picture here. And would you like to say something? MS. WINKELMANN: Sure. Thank you so much. My name is Sharon Winkelmann. I'm from Youth Haven. I have no prepared remarks, but I'm very honored and I feel privileged to be here today to accept this proclamation in honor of the children and the families of Collier County. Most people would be surprised to know that we're one of the highest rates of child abuse and neglect in the country here in Florida. We're actually second as a state in the United States. We're also, here in Collier County, one of the highest counties in the State of Florida in regards to the child abuse and neglect. And mainly children in Florida, in the county, in the country, aren't abused like you hear these horrific stories. There are some horrible people doing horrible things to children, but for the most part, our children are being neglected and they're being neglected because of the simple reason of poverty, families under a tremendous amount of stress without the resources to be able to appropriately care for their children. And what we can do here is try to support each other as neighbors, as family members, as members of churches, parts of the employment agencies, and try to help the families in need and the children. Thank you so much. CHAIRMAN COYLE: Thank you. (Applause.) Page 18 April 26, 2005 Item #4 D PROCLAMATION TO RECOGNIZE THE WEEK OF MAY 6 THROUGH MAY 12. 2005 AS NURSES WEEK 2005 - ADOPTED MR. OCHS: Item 4 D is a proclamation to recognize the week of May 6th through May 12th, 2005, as Nurses Week 2005, to be accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN. CHAIRMAN COYLE: And this proclamation will also be read by Commissioner Fiala. COMMISSIONER FIALA: The proclamation: Whereas, 2.2 million registered nurses in the United States comprise our nation's largest health care profession with as many licensed practical nurses; and, Whereas, the depth and breadth of the nursing profession is meeting the different and emerging healthcare needs of the American population in a wide range of settings; and, Whereas, nurses' education and holistic focus promotes restoration and maintenance of health in the individual and family; and, Whereas, the American Nurses Association, as the voice for the registered nurses of this county and country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary care; and, Whereas, as renewed emphasis on primary and preventative healthcare will require better utilization of all of our nation's nursing resources; and, Whereas, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and, Whereas, the demand for nursing services will be greater than ever because of the aging of the continuing growth of life-sustaining Page 19 April 26, 2005 technology and the explosive growth of home health services; and, Whereas, more qualified registered nurses will be needed in the future to meet the increasingly complex needs of the healthcare in this community; and, Whereas, the cost-effective, safe, and quality healthcare services provided by nurses will be an evermore important component of the U.S. healthcare delivery system in the future; and, Along with the American Nursing Association, the Florida Nurses Association has declared the week of May 6th through the 12th as Nurses Week 2005, with the theme, "Nurses: Many Roles, One Profession," in celebration of the ways in which nurses strive to provide safe and high-quality patient care and map out the way to improve our healthcare system. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the -- that all the residents of this community join me in honoring the nurses who care for us and the residents of this county celebrate nurses' accomplishments and efforts to improve our healthcare system and show our appreciation for the nation's nurses, not just during this time, but at every opportunity throughout the year. Done and ordered this 26th day of April 2005, Board of County Commissioners, Fred Coyle, Chairman. And Mr. Chairman, I make a motion to approve. COMMISSIONER COLETTA: I second that. CHAIRMAN COYLE: Motion by Commissioner Fiala to accept the proclamation, a second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 20 April 26, 2005 CHAIRMAN COYLE: Thank you very much. (Applause.) CHAIRMAN COYLE: Thank you very much. Would you like to say something? MS. CAMPBELL: My name is Crystal Campbell. I'm from Lorenzo Walker Institute of Technology, and we are honored to accept this proclamation for all nurses out there making a difference in people's lives every day. MS. ROLLINS: I'm Karen Rollins, and I just want to say, nurses are really the backbone of the healthcare system, and any time you get a chance to recognize one or to thank one, that will build another nurse, and that's what we need in this world. Thank you. CHAIRMAN COYLE: Thank you. (Applause. ) COMMISSIONER COLETTA: I might add, that being married to a nurse, I can testify to the fact that they're tremendous caregivers. (Applause.) Item #4E PROCLAMATION TO RECOGNIZE THE COLLIER COUNTY MEDICAL SOCIETY AND THE PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY - ADOPTED MR. OCHS: Item 4 E is a proclamation to recognize the Collier County Medical Society and the Physician-Led Access Network of Collier County to be accepted by Ms. Lauren Leifer, Executive Director for Physician-Led Access Network of Collier County. CHAIRMAN COYLE: And that proclamation will be presented by Commissioner Coletta. COMMISSIONER COLETTA: Thank you, Commissioner Coyle. It's indeed an honor to read this proclamation, and I think it's Page 21 April 26, 2005 the first proclamation I've ever seen with my name in it. And that's, indeed, an honor. CHAIRMAN COYLE: We have to change that. COMMISSIONER COLETTA: Too late now. I'm going to make a motion, and I think I got Commissioner Halas to second it. Whereas, the 2004 Florida health insurance study indicates that the number of uninsured in Southwest Florida is 24.4 percent of the population under the age of 65, estimated to be one of the highest in the state; and, Whereas, Collier County government has undertaken a number of work groups to develop a response to the large number of uninsured who seek access to healthcare, most recently the Health and Human Services Advisory Council, chaired by Commissioner Coletta; and, Whereas, the Board of Collier County Commissioners strongly support the use of existing resources to leverage additional state and federal funds for the creation of the Horizon Health Clinic located in Golden Gate City in order to provide access for primary care for low income individuals; and, Whereas, physicians of Collier County seek to bring equal access to healthcare for the benefit of the community; and, Whereas, Naples Community Hospital, Cleveland Clinic, Collier Health Services, David Lawrence Center, HMA, Senior Friendship Center, Collier Health Department, Collier County Human Services Department, Collier County Medical Society, and private physicians in the community are represented as directors of a not-for-profit organization that seeks to develop a network of physician-led access to healthcare throughout a systematic volunteering of resources. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that its gratitude and appreciation be extended to the Collier County Medical Society and the Physician-Led Access Network of Collier County for their support of providing care to the underservedluninsured of Collier County. Page 22 -'-' _.._..,-".._,"--~-",^.." April 26, 2005 Done and ordered this, the 26th day of April 2005, Fred Coyle, Chairman. And I make a motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion 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: That passes unanimously. Congratulations. (Applause.) COMMISSIONER FIALA: Hi, how are you? Nice to see you again, and you, too. COMMISSIONER HALAS: Thank you very much. COMMISSIONER COLETTA: Good to see you again. CHAIRMAN COYLE: Before you read this -- you start this next proclamation -- oh, you want to say something, of course. Go ahead. MS. LEIFER: Thank you. I'm Lauren Leifer, and I would like to introduce Dr. David Spellberg (phonetic), who has been president of PLAN and a great visionary in this movement, and Dr. Califano, who is also part of the PLAN program and a member of our board. Dr. Spellberg will say a few words. DR. SPELLBERG: Thank you. On behalf of Collier County Medical Society and Physician-Led Access Network, it's a great honor for me to accept this proclamation. You may not be aware, but the Collier County Medical Society mission has been always to provide quality access healthcare for all citizens of Collier County . Physician-Led Access Network is helping Page 23 April 26, 2005 us get towards that goal. This proclamation will also help us hopefully now obtain 100 percent physician participation. I'd like to thank the commissioners for doing this proclamation, especially Commissioner Coletta for his continued diligence and concern for low-income, uninsured patients here in Collier County. Without him, this initiative could not have been undertaken. Thank you very much. (Applause.) MS. LEIFER: I would just like to make one other comment. Interestingly enough, Dr. Califano's son is here to receive a part of a proclamation on a soccer team, so now he gets to see his son receive a proclamation, which is wonderful. COMMISSIONER COLETTA: Good. Thank you very much. CHAIRMAN COYLE: Before we go to the next proclamation, I would just like to announce, I would like to have all of the students here for government days to come up for a photograph at the end of these proclamations, so if you'll -- MR. MUDD: Yes, sir. CHAIRMAN COYLE: -- make sure you hang around, we'll get a picture of all of you up here. Okay. Let's go to the next proclamation. Item #4 F PROCLAMATION TO DESIGNATE MAY 14TH, 2005 AS A DAY OF GRACE - ADOPTED MR.OCHS: Yes, sir. Item 4F. It's a proclamation to designate May 14th as a Day of Grace, to be accepted by Matt and Bess Raulerson, parents of Emma Grace, who died of a rare chromosomal disorder called Trisomy. CHAIRMAN COYLE: And this proclamation will be presented Page 24 -" .._...,-",.,--~--'-'- April 26, 2005 by Commissioner Halas. COMMISSIONER HALAS: Proclamation starts out as: Whereas, Matt and Bess Raulerson have established an Annual Day of Grace Golf Classic and Charity Auction to be held this year on May 14th, in honor of their daughter, Emma Grace, who was born with a rare chromosomal disorder called Trisomy 18, who lived only 13 days; and, Whereas, Trisomy 18 is so rare that there is very little research about it; Whereas, Matt and Bess founded the annual event in order that the proceeds could be used to change the future of other families by funding research for Trisomy 18 Support Foundation, and for the Support Organization of Trisomy 13 and 18 and related disorders; Whereas, Matt and Bess will donate this year's proceeds to both organizations and to Noah's Never-ending Rainbow, another organization that supports families and children dealing with Trisomy disorders, again, as they did the $18,000 from last years event. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 14th, 2005, shall be proclaimed as Day of Grace in hopes of bringing more attention to this heartbreaking disease and in recognition for the Raulerson family's efforts to make a positive contribution to their community by aiding others. Done and ordered this 26th day of April, 2005, Board of County Commissioners, Collier County, Florida, Fred W. Coyle, Chairman. And I move that we approve this proclamation. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: A motion by Commissioner Halas to approve, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. Page 25 April 26, 2005 CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is approved unanimously. (Applause.) CHAIRMAN COYLE: Would you like to say something? MR. RAULERSON: Briefly. My name is Matt Raulerson, and this is the second year my wife and I have put on a charity golf event and auction to raise money for research and to the cure for Trisomy 18. A lot of people aren't familiar with it. It's very similar to Down Syndrome. Down Syndrome's actually Trisomy 21. It's a genetic birth defect. And I would like to invite everyone who's able to participate in the golf tournament and charity auction, and I'd like to thank Commissioner Halas and the entire board for support of our event. Thank you very much. CHAIRMAN COYLE: Where is the event being held and when and what time? MR. RAULERSON: It's May 14th at Forest Glen Golf and Country Club here in Naples. CHAIRMAN COYLE: Okay. May 14th at the Forest Glen Country Club. MR. RAULERSON: Yes. CHAIRMAN COYLE: Okay. Thank you very much. MR. RAULERSON: Thank you. (Applause.) Item #4G PROCLAMATION TO RECOGNIZE APRIL 26, 2005 AS NAPLES SHARKS U-14 BOYS SOCCER TEAM DAY - ADOPTED Page 26 April 26, 2005 CHAIRMAN COYLE: Item 4G is a proclamation to recognize April 26th, 2005, as Naples Sharks U-14 Boys Soccer Team Day, to be accepted by Michael Pettit, chief assistant Collier County attorney, the soccer team, and Coach Mark Wilkinson. CHAIRMAN COYLE: And this proclamation will be presented by Commissioner Halas. COMMISSIONER HALAS: Would the team all step forward, please. (Applause.) COMMISSIONER HALAS: Wait til' everybody gets up here. MR. WILKINSON: Two lines like a picture; big boys in the back. COMMISSIONER HALAS: It gives me great pleasure to read this proclamation. This is quite an achievement that this group of young men has accomplished here. Proclamation reads as follows: Whereas, the Naples Youth Soccer Club U -14 boys soccer team, the Sharks, have won Florida's Youth Soccer Association's 2005 Region C Cup and the President's Cup Tournaments; and, Whereas, Region C has teams from a geographic area of Florida counties ranging from Collier, north to Hernando, and the President's Cup is a tournament pitting the winner of each of Florida's Youth Soccer Association's four regions against one another; and, Whereas, the U-14 boys won the President's Cup by defeating the Pensacola Futball Club and the Treasure Coast United Soccer Club each by a score of 3-0; and, Whereas, this -- first time since early 1990 that any Naples youth soccer team of any age has won the President's Cup; and, Whereas, the U -14 boys have now earned the right to represent the State of Florida in the Region III District (sic) Cup in Little Rock, Arkansas, from June 17th through 19th of 2005 where they will play teams from Texas, Oklahoma, Alabama, Mississippi, North Carolina, Page 27 April 26, 2005 South Carolina, Tennessee, Georgia, and Louisiana; and, Whereas, the U -14 boys have been guided by the respected coach, Mark Wilkinson, and supported by their families throughout a long and tough soccer season that began in September of 2004. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 26th, 2005, be designated as Naples Sharks U-14 Boys Soccer Team Day. Done and ordered this 26th day of April 2005, Board of County Commissioners, Collier County, Florida, Fred W. Coyle, Chairman. And I move that this proclamation be approved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, second by Commissioner Fiala. (Applause.) 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: Would the team captain step forward so I can present this to him? (Applause.) COMMISSIONER FIALA: Wait just a minute. There we go. MR. WILKINSON: Okay, guys, pictures. Can you get them all in? MS. ARNOLD: They're still passing out the proclamation. MR. MUDD: Now, you guys have got to smile, come on. (Applause.) MR. PETTIT: Very briefly. Good morning, Commissioners. Usually I'm here to talk to you about difficult and controversial and Page 28 April 26, 2005 weighty issues of local government, but this is a fortunate event today. I'm happy to be here to do this. I want to congratulate Coach Wilkinson and the boys for a great season. It couldn't have been done without Coach Wilkinson, I don't believe. And what I would like to do -- and thank you for giving us the time to honor us. We hope we will represent Florida well when we go to Arkansas. I'd just to read off the names of the players, if you'll indulge me, and we'll move on. Of course, there was Coach Mark Wilkinson. And if you guys want to walk out when I call your name and go to your parents or out to the hall, whatever, that might work well. Tony Aguilera. (Applause.) MR. PETTIT: Jason Avola. (Applause.) MR. PETTIT: John Bonello. (Applause.) MR. PETTIT: Paul Califano. (Applause.) MR. PETTIT: Stevie Fenttiman. (Applause.) MR. PETTIT: Tom High. (Applause.) MR. PETTIT: Jefferson Iles. (Applause.) MR. PETTIT: Spencer Kehoe. (Applause.) MR. PETTIT: Tyler Korytkowski. (Applause.) MR. PETTIT: Maurcio Landivar. (Applause.) Page 29 April 26, 2005 MR. PETTIT: Daniel Marulanda. (Applause.) MR. PETTIT: Chris Moore. (Applause.) MR. PETTIT: Gil Parada. (Applause.) MR. PETTIT: One of the captains, Fernando Paredes. (Applause.) MR. PETTIT: Another captain, Max Pettit. (Applause.) MR. PETTIT: Cody Togher. (Applause.) MR. PETTIT: Bryan Torres. (Applause.) MR. PETTIT: Another captain, Nick Vegara. (Applause.) MR. PETTIT: And Graham Wilkinson. CHAIRMAN COYLE: Thank you, Mike. And congratulations to all the members of the soccer team. Great job. (Applause.) COMMISSIONER HALAS: Good luck. I just want to wish them all good luck. Item #4 H PROCLAMATION TO DESIGNATE APRIL 26,2005 AS PUBLIX SUPERMARKET'S CHARITIES AND PUBLIX SUPERMARKET'S EMPLOYEE'S DAY -ADOPTED MR. OCHS: Item 4 H, proclamation to designate April 26th, 2005, as Publix Supermarkets' Charities and Publix Supermarket Employees Day, to be accepted by Ernie Bretzmann on behalf of the Page 30 April 26, 2005 United Way. CHAIRMAN COYLE: And this will be presented by Commissioner Henning. . COMMISSIONER HENNING: Whereas, United Way of Collier County has funded qualified non-profit essential health and human services to the benefit of the citizens of Collier County; and, Whereas, financial support received by United Way of Collier County remains in Collier County and benefits approximately 100,000 residents of Collier County; and, Whereas, support of United Way of Collier County comes from all facets of the community, including individual businesses, large and small, employees of local and state government and schools; and, Whereas, these fund (sic) partners, Publix Supermarkets' Charities and the employees of Publix Supermarkets for over 10 years have been the United Way's largest contributor. This year alone they gave over $600,000 to United Way, thus directly benefiting the people of Collier County; and, Whereas, the Board of Commissioners, together with United Way of Collier County, gratefully acknowledges the support Publix Supermarkets' Charities and the employees of Collier County Publix Supermarkets. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that April 26th be designated as Publix Supermarkets' Charities and Publix Supermarket Employees Day. Done on this 26th day of 2005. Signed by the chairman, Fred Coyle. And I move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: A motion by Commissioner Henning to approve, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. Page 31 April 26, 2005 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: That passes unanimously. Thank you. MR. BRETZMANN: Can I say a few words? CHAIRMAN COYLE: Sure, you can. But you have to get your picture taken first. MR. BRETZMANN: Sharon? MS. MILLER: Good morning. I'm Sharon Miller, executive director of Publix Supermarkets' Charities, and I want to thank the commission so much for this honor and appreciate so much the working relationship that Publix has with United Way, not only in Collier County, but in the five states in which we operate, and especially during the trying time that we have gone through in Florida, and especially this county. And we just appreciate everybody and what they've done and all the agencies that United Way supports and what they have done for the individuals in the county. And thank you very much. CHAIRMAN COYLE: Thank you. MS. MILLER: And Publix Supermarkets' Charities is doing a match with what our employees raise, and we do a 75 percent match. So whatever our employees raise, then Publix Charities matches that. So our associates were very generous, and we are able to present this check for -- what was it -- $260,000. COMMISSIONER FIALA: Wow. (Applause.) MR. BRETZMANN: The real one. CHAIRMAN COYLE: Thank you, Publix, for your support. MR. BRETZMANN: Thank you, Publix. I'd like to begin my little few words by thanking the board for issuing this proclamation today recognizing Publix and all they do to help our community. Page 32 April 26, 2005 When you walk into a Publix store, you notice right away they support a lot of different charities. You also notice that they hire people with disabilities, which is great because it gives these folks independence and builds their self-esteem. One thing you don't notice though is Publix Charities. Publix doesn't blow their own horn about the Publix Charities, but each year they give millions of dollars back to the communities they do business in, and it has a tremendous impact on the community. I'd like everyone who's here representing a United member agency, representing United Way, or a volunteer of Pub Ii x to please stand. (Applause.) MR. BRETZMANN: Each one of our 29 member agencies will receive a portion of the Publix contribution, which was slightly over $600,000 this year. And Publix, you have such tremendous positive impact in our community. Thank you. (Applause.) CHAIRMAN COYLE: Thank you. MR. OCHS: Mr. Chairman, you wanted to get a photo with these -- CHAIRMAN COYLE: Yes. I'd like to get all the students for government days here. MR. OCHS: Just come up front, please. CHAIRMAN COYLE: Come up here and line up here and face the audience. We'll get copies to each of you. Maybe the taller people in the rear would be helpful. COMMISSIONER HALAS: Tall ones in the rear. MR. MUDD: Come on, let's smile. CHAIRMAN COYLE: Thank you very much. Now, County Manager, can we make enough copies of those pictures to make sure each student gets a copy? Page 33 April 26, 2005 MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay, good. Thank you very much. COMMISSIONER HALAS: Same with that soccer team, too. County Manager, why don't we do that also with the soccer team, make sure that each one of the boys can get one of the pictures. MR. MUDD: Yes, sir. COMMISSIONER FIALA: That's a good idea. COMMISSIONER COLETTA: You might want to make it available on the county website so that they can go into it and download the pictures and send them to their relatives. MR. MUDD: Yes, sir. COMMISSIONER COLETTA: Boy, we gave him enough to do for a week, you know that. And of course you could personally autograph each one of them. That would be very nice, Mr. Mudd. Item #5A RECOGNIZING PATRICIA CLEMENS, SPECIAL NEEDS TECHNICIAN, BUREAU OF EMERGENCY SERVICES, AS EMPLOYEE OF THE MONTH FOR APRIL. 2005 - RECOGNIZED MR.OCHS: Mr. Chairman, the next item is item 5A, presentations. This is a recommendation to recognize Patricia Clemens, special needs technician, Bureau of Emergency Services, as employee of the month for April 2005. If Patti could come forward. CHAIRMAN COYLE: Okay. And you have a proclamation to read? MR. OCHS: Yeah. I'm going to tell you a little bit about why Patti is so deserving. CHAIRMAN COYLE: Okay, good. MR.OCHS: There is no one more deserving of this prestigious award than Patti Clemens. Her extraordinary everyday efforts and her Page 34 --~."-' -,-,,_..<._-~--<,-_."'--"- April 26, 2005 unequaled expertise in ensuring the well-being and safety of over 1,400 patients with special needs during last year's hurricane season truly lived up to Collier County's mission statement of exceeding expectations. During hurricanes Charley, Frances, and Ivan, she worked virtually around the clock, an average 17 hours per day for 53 days, communicating with, finding suitable safe havens for, and transporting these patients to appropriate shelters. Patti arranged and coordinated transportation for over 200 patients and ensured a smooth, and somewhat painless, transition for our citizens in need. Her amazing efforts continued throughout these times of crises, and she always performed at her best under intense pressure. Patti is also very generous with her time and enhances community relations by going out in the community to give briefings to hospitals and nursing homes, provide guidance on how to develop their own disaster safety plans. Many of these visits are accomplished on her own personal time. Patti Clemens' untiring work ethic, in-depth job knowledge, people skills, and community spirit has always been a very valuable asset to the Bureau of Emergency Services and Collier County government, and, indeed, to the entire community. Mr. Chairman, members of the board, it's a great honor to recommend Patricia Clemens as employee of the month for April 2005. (Applause.) CHAIRMAN COYLE: Thank you, Patricia. We have a time-certain item, I believe, at 10 o'clock. MR. OCHS: Mr. Chairman, I would suggest, with the board's indulgence, we try to do public petition and allow that citizen -- so they don't have to stay, because we've got two time certain items back to back after that. Page 35 April 26, 2005 CHAIRMAN COYLE: Okay, very well. Item #6A PUBLIC PETITION REQUEST BY P.l NOE TO DISCUSS A SUGGESTION REGARDING CHILD ENDANGERMENT, ANIMAL ABUSE, PROPERTY DEPRECIATION AND SHERIFF DON HUNTER'S DEPUTY EXPENSES - NOISE ORDINANCE TO BE BROUGHT BACK FOR AMENDMENTS OR REVISIONS - CONSENSUS MR. OCHS: That would take us to item 6, public petition. This is a public petition request by Ms. P.J. N oe to discuss suggestions regarding child endangerment, animal abuse, property depreciation, and Sheriff Don Hunter's deputy expenses. Ms. Noe? MS. NOE: This is one of the children -- this is one of the children that I wanted to talk about today, okay? He's brand new. He's like two months old. Thanks for letting me speak. And first I want to apologize, because I am not a public speaker or skilled -- oh, thank you. I don't know what I'm doing, okay, and I'm real nervous. CHAIRMAN COYLE: Well, some people would say we don't either. So don't let that bother you. MS. NOE: Well, it seems like you're doing pretty good today. And that's why I'd like to apologize, because I'm not a public speaker, and I'm not skilled at all on the subject I want to bring up. I would like my observations and research to be considered in spite of my . . Inexpenence. I came here today to tell you about some observations I've made in the past few weeks at job sites where I've worked every district you represent, particularly the lower income areas. On Rose Avenue, which is off Thomasson Drive, a neighboring Page 36 April 26, 2005 lady had just had her first child. This is William. Now, as the parents are getting out of the car with William on his first day home, the scene was adorable. The grandfather shot more film of William than's been used in the whole Iraqi War. It was an exceptional moment, even for those of us watching from the nearby yards. And in the background on that really beautiful day was the ever-present low frequency beating bass notes of those car stereo systems pounding out the daily beat for that neighborhood. This goes on in that neighborhood at any hour, and many other neighborhoods, of the day, but evenings, just when you want to recover from a day's work in life's un -- life's necessary stresses, it's the worst with the bass notes pounding through the walls of the houses. I know because on this job site, I tried to use my personal CD player with the headphones as loudly as I could stand it to try to drown out the vibrations caused by these low frequency bass tones, and it can't be done. I asked Michelle Crowley of your -- of the Collier County government for advice. Seems that sounds such as these booming bass notes don't fall into a category enforceable due to their not being sustained for one or more minutes. Pulsating noises, especially low frequency sounds, are just as disturbing to the peace as are sustained sounds, possibly more so. A couple of these stereo systems near my own home, several miles from Rose Avenue, are 1,100 feet from my house behind two structures. With AC on and windows closed, their bass notes can be felt and not ignored in my own home. Sometimes they go on until four a.m. One night I called deputies four times. That cost property taxpayers, I found out yesterday from Ms. Golightly's office, that's $130 a trip. I re -- that's if they don't do anything and just say, your neighbors are complaining. These people should be made to pay those Page 37 April 26, 2005 deputy trips. There's a lot more to this issue than mere annoyance. At this particular job site there was a total of eight small children living in nearby homes. This is a pretty normal neighborhood in East Naples of beautiful little kids that deserve the best in life live there. One especially pretty little girl has a little brother, and she has a brand new puppy. From inside the house where I'm working with closed windows and the AC running, I can feel the distracting thumping of these stereos across the street, and they're down one house. Unfortunately, that's the duplex where the little girl with the new puppy lives. I'm annoyed and angry because I have to hear those sounds all day long while I'm working. These guys can run these stereo systems for hours. I can't even imagine what it would be like to live at her duplex with only the wall to separate them. Her father comes home, and I hear him tell the neighbor next door he hates the booming music of his duplex partner. So to retaliate he starts up his music louder than the other fellow, and so it goes. The aggression then turns into kind of a noise war, and then a few others down at the other end of Rose Avenue and on Thomasson start up their boom stereo systems. This is not one a day or one-hour event. I went there every day for weeks. There was not one day, not one, that was free from the assault of these low frequency sounds for more than a few hours. None of these sounds are necessary to work, the maintenance, building, or improvement of a property. And these aren't multi-million-dollar homes, I guarantee you, but there are people over there on Rose and Thomasson and all the other similar streets -- it's pretty much the same in the Manor -- that love their homes and families and are trying to give them the best lives possible. They deserve protection from this electronic home invasion. Yes, deputies were called, but that's a bit of a joke, and that's Page 38 ~_... ---,--"~-,--- April 26, 2005 nothing to do with Donny Hunter's people. They do a stellar job. I called them myself a few times when we just couldn't take it anymore. After six or seven hours, you'd call them, too. Deputies would come. But as the dispatcher and deputies told us, they will just turn it up when we leave. Well, they were correct. You would laugh if you saw how quiet it gets when a deputy's car drive down the street, and as soon as he leaves, back comes the horrible thumping. There should be unmarked cars used for noise complaints. That's without a doubt. One deputy said when he worked in Ohio, if you continued your loud music and deputies were called, they confiscated the offending device. One city has the offending car with its stereo system towed. The owner must pay a fine and the towing charge. That would send most of them speeding out to purchase a $35 set of headphones to go with their thousand-dollar stereo systems. It doesn't seem that the current ordinance can help Hunter's people or the taxpayer. This problem is definitely detrimental to property values. Deputies can easily ascertain between sounds required for work, building, and maintenance from noise made for attention and dominance over a neighborhood. And by the way, did you know that the loud bass music is considered the calling card of the local drug dealers in many cities? That's how those seeking drugs know where to find the source. I'm so silly, I didn't even know that. The ordinance just doesn't have enough force to cover the magnitude of today's electronic devices or the attitude of those who use them. In Collier County, nothing can be done for the pulsating noise from 10 a.m. to 10 p.m. due to the sustained clause and the set noise and vibration levels. There's plenty of evidence that low frequency sounds below the 60-decibellevel -- and that's our county's level -- adversely affects the Page 39 April 26, 2005 health and well-being of humans. There are already other cities lowering their noise levels to 45 decibels. Honolulu bans the vibration in music noise to 30 feet of its source. There are lots of people who live in and want to enjoy their homes and properties between 10 a.m. and 10 p.m. Life is hard enough. Unnecessary stress from unnecessary nuisance noise should have high fines and not be tolerated at any time in Collier County. Ms. Crowley from your office gave me the name of Steve Weiss. He works in this field, and here's what he said about it. Loud noises from outside cause houses to vibrate, windows especially . You could say it's a vibration problem, but it is really noise transmission that is made worse by accompanying vibration responses. The main reason why it sometimes sounds worse inside the house even when the music source is outside is because when the sound enters the home, it reverberates and resonates by reflecting off the walls and any hard surface you have in your home. I found out these home and stereo systems are equipped with subwoofers. That's what produces sub-bass low frequencies that cause the punch to those bass notes. Subwoofers are made to produce only the lowest frequency. Low bass frequencies have a really long wavelength, which makes them unable to be located easily, and that's what you makes you search your rear-view and side mirrors in an effort to pinpoint where that booming sound is originating when you're stopped at a stop light, and we all do that. That low frequency sound triggers a flight-or- fight response. You cannot help it; it just happens. That response is what causes the uncontrollable anxious feeling and makes you want to get away from it. The more powerful subwoofers can cover thousands of feet. Some subwoofers have been used to generate up to 175 decibels in car stereo competitions. I didn't even know they had that. The loudest sound possible on Earth is 194. Page 40 April 26, 2005 Persistent, infrasonic sound, and that is the word for low frequency sound, causes physical disturbances to people. Controlled scientific studies over 30 years old leave no doubt that intense low frequency hurts fish and damages fisheries, and they knew that 30 years ago. Even sounds you can't hear but you still feel -- and this is what was happening to me that day -- as in the bass notes driving through the walls of a home have a powerful effect on your nervous system. One example of the traveling capabilities of the low frequency roar -- is the low frequency roar of a tiger. A tiger's intimidating roar has the power to paralyze animals. Even experienced human trainers are stunned. This is reported by a bio-acoustical researcher from Fauna Communications Research in North Carolina. The shocking power of a tiger's roar is one example of how humans react to a sound they cannot detect with their ears. These unheard low-pitched, low-frequency sounds can travel long distance permeating buildings, cutting through dense forests, and even passing through mountains. This is exactly why the bombarding bass notes mechanically produced by stereo systems are so debilitating to any neighborhood. According to the Franklin Institute, chronic low-level noise at any time of day negatively influences the brain and behavior. This causes a feeling -- CHAIRMAN COYLE: Ms. Noe, could you wrap it up pretty quickly, please? MS. NOE: This causes a feeling of helplessness from homeowners and tenants alike who have no alternatives and no way to escape the intrusion and affects of low- frequency sounds. One booming stereo with its low-frequency subwoofers can easily affect every home in a subdivision. CHAIRMAN COYLE: Ms. Noe? Ms. Noe? Ms. Noe, I'm up here. Page 41 April 26, 2005 MS. NOE: Oh, I'm sorry. CHAIRMAN COYLE: The time has expired. MS. NOE: I'm sorry. CHAIRMAN COYLE: I think we've gotten your point -- MS. NOE: I will -- CHAIRMAN COYLE: -- that you don't like low frequency sound. MS. NOE: Okay. CHAIRMAN COYLE: And one of the things-- MS. NOE: I don't think I'm alone in that. Ordinance should ban the -- CHAIRMAN COYLE: You're not. I don't like it either. MS. NOE: Well, the only thing that I would like to do is draw attention to, that there are children in these homes in these lower-income neighborhoods, and they are being bombarded by this daily at all hours. Ten a.m. to 10 p.m. doesn't mean a thing. And the levels and the vibration also have to be considered. And the ordinance says that they're here to protect. And all these kids -- the learning -- they have -- this can cause learning disabilities. CHAIRMAN COYLE: All right. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Ms. Noe, I really do appreciate you bringing this forward. You know, this has been -- I heard -- every one of us commissioners have heard this very same thing many times in the past. And I'll be honest with you, I don't think we've really done anything. I keep hearing one thing's taken place, this has taken place. I think there's a limit to our ordinance that presently exists. We've got to change the code. That's all there is to it. MS. NOE: Well, the ordinance needs to be brought up to date, sir, with the electronic devices that are being used. COMMISSIONER COLETTA: Ma'am, I agree with you. As one commissioner, I'd like to see us look into that and have this brought back at some point where we can move it forward for a land Page 42 April 26, 2005 development code or for just plain codes. We've got to be able to have an enforcement arm in here. We've got to be able to identify what the problem is. They drive me absolutely crazy, and I've got a hearing loss. And I can't stand it when they start going with this loud blaring music and it starts vibrating off the inside of the car or in the house. And they're two blocks away and you can still hear it. MS. NOE: If I -- oh, you can be further than two blocks. But if I can just say, what is happening -- if you just want to know what's happening, when you hear a loud vibration or a loud sound, the muscles -- the muscles in your ear actually twist the bones in there, and that's what causes the anxiety. CHAIRMAN COYLE: And that's why he has a hearing loss-- COMMISSIONER COLETTA: Huh? CHAIRMAN COYLE: -- because he had one of these in his car. But you've -- I think you've got at least three commissioners on this board who will agree to have this brought back and ask staff to bring us some solutions. I, quite frankly, would like to ban those things throughout Collier County. MS. NOE: Other cities have; other cities have. CHAIRMAN COYLE: But -- and I'd like to explore that. Commissioner Halas? COMMISSIONER HALAS: I was just going to say that -- before you went on and said that we want to have staff look into this, I was just going to agree with you. CHAIRMAN COYLE: Okay. Are there three nods? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: I think we've got more than three nods, okay. We-- MS. NOE: I didn't expect you to do that. I'm very pleased. I hope you make it so, because this is really detrimental to these little Page 43 April 26, 2005 kids in these homes. CHAIRMAN COYLE: Understand. Thank you very much. COMMISSIONER COLETTA: Great presentation. MS. NOE: Thank you. Item #10B THREE (3) FUNDING AGREEMENTS WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A TOTAL AMOUNT OF $990,000.00 PROVIDING ASSISTANCE WITH DESIGN AND CONSTRUCTION OF FOUR (4) STORMWATER IMPROVEMENT PROJECTS - APPROVED MR.OCHS: Mr. Chairman, you have a 10 o'clock-- CHAIRMAN COYLE: Time certain. MR. OCHS: -- time certain. It's item lOB. That is a recommendation to approve three funding agreements with the South Florida Water Management District for a total amount of $990,000, providing assistance with design and construction of four stormwater improvement projects. And Mr. Ricardo Valera, your stormwater director, will present. MR. VALERA: Good morning. Ricardo Valera, director of stormwater, for the record. And I'm here today to introduce some colleagues from the South Florida Water Management District who are here to honor us with their presence, and they bring a wonderful grant gift for the stormwater utility effort. And we're very -- we're very happy to have you. Welcome. And with this said, I'm going to turn over the floor to Pam, who is going to begin the presentation, and Alice Carlson, who's a board member. So thank you very much for being here, and I'll flip the slides. MS. CARLSON: Thank you, okay. And good morning, Mr. Page 44 April 26, 2005 Chairman, and fellow commissioners. Thank you for allowing us time on your busy, busy agenda this morning. My name is Alice Carlson, and I'm honored to represent Collier County and Southwest Florida as a recently appointed member of South Florida Water Management District Governing Board. In this new role, I recognize that I have much to offer, but I also have much to learn. I can do this best by listening and absorbing as much as I can about both regional and local issues, and then bring those issues and concerns back to -- on your behalf, back to the district staff, the governing board, and the Big Cypress Basin Board. As a board member representing Southwest Florida, I want to assure you that I am committed to serving the county's needs, improving communications, and working together to build strong relationships and continue to partner with Collier County to further our mutual water and natural resource goals of the county and the district. I'm very, very excited today to be here with members of the district staff to present you with $990,000 of state initiative money to support a few of the county's stormwater projects. MS. MAC'KlE: Shall we go give the check? MS. CARLSON: Yes, together. MS. MAC'KIE: Just a small check. So there you go. Thank you. CHAIRMAN COYLE: Is that it? Good. Thank you very much. (Applause.) MS. MAC'KIE: Can I say a few words? CHAIRMAN COYLE: Sure you can. With that much money, you can have three minutes. MS. MAC'KIE: We just wanted to take the opportunity to tell you -- I'm Pam Mac'kie, I'm sorry -- for the record, and it's nice to be home. We wanted to tell you -- CHAIRMAN COYLE: Former Collier County Commissioner. Page 45 April 26, 2005 MS. MAC'KIE: Former commissioner-- COMMISSIONER COLETTA: Graduate. MS. MAC'KIE: -- and still county -- Collier County lover. I love home. But I do -- and on that note, I want to tell you some of the great things that we are able to do now in partnership with Collier County. I want to recognize Ricardo and to point out to you that that employee stealing road goes both ways apparently. You guys, Ricardo was an employee of the district, and, boy, is he a good one. So you got a really good one from us. We -- it's been a good thing. MR. MUDD: Well, you took two of ours, and we took one back, ma'am. MS. MAC'KIE: Yeah, I know. We're due one more maybe. I hope not. But I do, just very quickly, want to run through some of the projects that we are doing. Oh, that's not the right button. There you go. As a result of the initiatives that we have started now for Collier and Lee County, we are going forward to the legislature every year, and we have requests in this year, as you know, for initiative funding that gives us some money that we can use to partner with the counties on important local government projects, stormwater improvement and water quality improvement, and all of those places where our missions overlap. And as you know, last year for Collier County, we got a little over $2 and a half million, and we are here today to spend a million of that. And I'd like to tell you what we're doing with the rest of it. So there on this little chart in front of you is the explanation of what we're doing with the rest of the money. The first $990,000 there for stormwater improvement proj ects are the proj ects that we're partnering with you today. We want you to know that we're also partnering with others, with Page 46 April 26, 2005 Florida Gulf Coast University, with the City of Naples, and with other local partners to do work to enhance, improve, correct some of the problems that we have in Naples Bay. And that little map there is to show you what is the basin that runs off into the Naples Bay. And sometimes we think of Naples Bay as just a city issue, but the improvements that we're partnering with today, some of them will very significantly provide benefits to the Naples Bay because the water comes, of course, from upstream. The proj ects that we are partnering on today are listed there, and I am so proud of them. The Gordon River Water Quality Park. If you haven't had -- and you probably have but if you haven't had a real public presentation on that project, I would urge you to. This is a-- maybe, you know, in the country, but certainly in Florida -- an absolute stellar, cutting edge, the way we ought to be doing stormwater projects, because it's going to provide a lot of amenities. It's going to provide the usual flood and water quality benefits, but this one is also going to be beautiful and it's going to provide recreation amenities, and it's going to be -- it's really stellar, cutting edge stuff, and I just so commend you, and we're thrilled to get to be partners on something as exciting as that project. CHAIRMAN COYLE: Pam, let's tell people where that is located. MS. MAC'KIE: I would probably need Ricardo to do that. He could do a better job. MR. MUDD: That's the old -- that's the Fleischmann property that's on the northeastern corner of Goodlette-Frank and Golden Gate Parkway right behind the bank. MR. VALERA: That is correct. CHAIRMAN COYLE: It's the property that the county recently purchased, and it is going to be turned into a beautiful park and water retention, water quality facility. MR. MUDD: Fifty acres. Page 47 April 26, 2005 MS. MAC'KIE: And I remember when I was here, and Mr. Mudd was here, it was one of the things he started talking about that, you know, as we do stormwater retention and detention, it doesn't have to just be this ugly hole with a cyclone fence around it. We can make it into a community amenity. And under his leadership, you are now starting to do that, and we want in on the bandwagon on this one. This is a great one, so we're glad to be a partner in it. The other project is one that Commissioner Fiala will remember our working on together, and that's the Gateway Triangle, and how essential it is that we provide some flood relief, and the concomitant water quality benefits that go along with this that, this project will be in Gateway Triangle. Oh, let me pause and let you see this picture on the overhead there of the Gordon River Water Quality Park. You guys, that's what you're doing instead of the usual, you know, stormwater hole in the ground with a fence around it. Look at the amenities associated with that, and it provides more benefits than the old-fashioned kind of water -- stormwater and flood retention protection. COMMISSIONER FIALA: You mentioned some kind of a presentation on it. I'd love to do that at some point in time. MS. MAC'KIE: I'd urge you to, because this is cutting edge stuff you guys are doing, and you really should be proud of it, and I know you are. So some of our money today is going towards some flood protection and water quality protection in the Gordon -- I'm sorry -- in the Gateway Triangle, and some of it is also going to these two projects that are listed there on the bottom. I don't -- I think this is your district, Commissioner Coyle. These neighborhoods between U.S. 41 and Goodlette Road that are still on septic and have some flooding problems, and then that water flows into Naples Bay . You can imagine that flooding in an area with septic is a particularly bad runoff problem into the bay, so Page 48 April 26, 2005 we're providing some benefits that will help attenuate that flow and reduce the negative impacts into Naples Bay. The other thing that we want you to know that we're partnering on is -- we call it the Big Cypress Basin initiative, but as we know that's the Collier County -- it just basically means the money we get for this initiative can be spent on water proj ects within Collier County. And these are the lists of what we're doing with this year's money. A restoration project in Camp Keais Strand for exotic removals. The lygodium. If you haven't heard of them, you will. It's a nasty, nasty plant that basically comes in and squashes the tree islands and weighs them down. It's a new invasive exotic that is worse than any of the others, lygodium. Also called Old Wodd Climbing Fern, and we've recently released a moth over on this coast that we hope will be its natural enemy. But this is $200,000 worth of restoration there in Camp Keais Strand in partnership with the Soil and Water Conservation District. We're also doing this hydrologic reconnaissance report we're partnering. You guys are doing some of this work and we're doing some to try to get some hydrologic data out in the eastern part of the county, where so much growth is coming, to be able to have some base line to measure against. And then you -- I hope you've been to -- if you haven't, I'd urge you to go to the Bird Rookery Swamp Tramway out associated with the CREW project. It's a beautiful project out in the eastern part of the county that allows for some bird watching, and it's lovely -- it's a lovely project. Also in CREW, some lygodium control, and the Okaloacoochee Slough, a pasture restoration program. So my last two slides are really just to point out to you the places where our missions overlap and where we will be looking for future partnering opportunities. If you have projects where their key benefits are water quality Page 49 ,-"- ^----~, April 26, 2005 improvement, flood mitigation, habitat enhancement, those are our missions too, so we might be able to partner on proj ects in the future that have those as their key benefits. If a project's purpose is ground water recharge or -- and there also are some passive recreational opportunities and restoration of flow-ways, here's an example of one -- where is this -- that --let me see where this is -- this is in the Corkscrew Swamp area. This is a project we've already done where you can see the before and after where the -- you know, if you plug up those old canals in a farm field, how the natural flows and vegetation return. The last thing I want to do is just list -- and I won't read them -- but the partners and stakeholders that we've been working with in all of these projects, and just to thank them for their willingness to work with us and to thank you for your willingness to partner with us, and in this case, really, most of all, to thank our legislative delegation for their support of these initiatives. And as we continue to use this money really wisely, to build stuff, not just to talk about things, not just to study them and the ones that you're doing today are in-the-ground projects that our delegation will be proud to have been associated with. As we continue to do those, I think we'll continue to get their support in the legislature and get these initiatives funded every year, and we'll be back with big checks. CHAIRMAN COYLE: Good. MS. MAC'KIE: Thank you so much. CHAIRMAN COYLE: Keep those big checks coming, Pam. And I really would like to thank you personally and the South Florida Water Management District for your support and assistance in these very, very important projects. MS. MAC'KIE: Glad to do it. Thank you so much. CHAIRMAN COYLE: Thanks a lot. (Applause.) Page 50 April 26, 2005 CHAIRMAN COYLE: We're going to take a 10-minute break now, please. MR.OCHS: Could we get a motion to adopt staffs recommendation? CHAIRMAN COYLE: Yes. COMMISSIONER HALAS: I make a motion for approval. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas for approval, Commissioner Coletta, second. All in favor -- is there any further 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: It carries unanimously. Now we can take a 10-minute break. Okay. Thank you very much. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Again, ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. COMMISSIONER HALAS: Thank you. The next item is a time certain, and I believe it's 10D. Item #10D Page 51 April 26, 2005 APPROVAL AND AUTHORIZING THE CHAIRMAN TO SIGN: (1) AN INTERLOCAL AGREEMENT WITH THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, WHEREBY COLLIER COUNTY AGREES TO RESERVE TO THE DISTRICT SUFFICIENT CAPACITY ON COLLIER COUNTY'S ROAD PUBLIC FACILITIES TO COMPLETE THE BUILD-OUT OF THE TOWN OF AVE MARIA, AND (2) A DEVELOPER CONTRIBUTION AGREEMENT WITH AVE MARIA DEVELOPMENT LLLP, WHEREIN THE COUNTY HAS AGREED TO ACCELERATE THE WIDENING OF OIL WELL ROAD FROM IMMOKALEE ROAD TO CAMP KEAIS ROAD, IN EXCHANGE FOR THE DONATION OF AN ESTIMATED $7,800,000 IN RIGHT OF WAY AND OTHER SUBSTANTIAL CONSIDERATIONS- APPROVED W/CHANGES MR.OCHS: Yes, sir, it's 10D. This item is continued from the April 12th, 2005, BCC meeting. Recommendation to approve and authorize the chairman to sign, number one, an interlocal agreement with the board of supervisors of the Ave Maria stewardship community district whereby Collier County agrees to reserve for the district sufficient capacity on Collier County's public road facilities to complete the buildout of the town of Ave Maria; And number two, to authorize the developer contribution agreement with Ave Maria Development, L.L.L.P., wherein the county has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for the donation of an estimated $7,800,000 in right-of-way and other substantial considerations, and Mr. Norm Feder, transportation administrator will present. MR. FEDER: Commissioners, again, for the record, Norman Feder, transportation administrator. Page 52 April 26, 2005 I'll be very brief. We went through a presentation on this on the last board meeting. What I'd like to do is just refresh your memory. First of all, you have two documents which now, hopefully, you've had the time to fully digest. The first is an interlocal agreement with the special district, the stewardship district. That interlocal provides for reservations of rights-of-way to the district. That reservation is contingent upon the implementation of Ave Maria and the town Ave Maria. And as they come forward with site plans, pay their 50 percent of impact fees at that time, then that reservation is turned into a vesting for those particular trips, and we move from the reservation area. This is pretty much done when we have, by our land development code, provisions for development to move forward, since it takes some time from beginning to end of process, that once they have developed a transportation impact statement, which we receive, at that time we reserve the capacity subject to them moving through the rest of the process. And it's also needed, given that we're talking a number of years for buildout, and to bring this proj ect board forward. Also you have, as a second item that you've had a chance to remove now, is the developer contribution agreement. And in that I will just hit some of the key points. You're talking about $20 million worth of commitments that are not impact fee credible. Essentially the right-of-way, as mentioned, about 156 acres over 13 miles of frontage on Oil Well, then up Camp Keais, and then up Immokalee. Basically that is shown here on the graphic. You've got a 200- foot right-of-way total that will be provided. We have essentially -- although it's a little bit more and a little less in areas, about 100 feet of right-of-way today, so this will bring you the 200- foot corridor throughout uniformly on Oil Well, as well up Camp Keais, and then on Immokalee into the urban area of Immokalee itself. So about 156 acres of right-of-way being provided with no impact fee Page 53 April 26, 2005 credit. Additionally, they're going to be providing for three acres for the assumption of stormwater for the project, which will be the equivalent of about three acres per mile, which is just under 40 acres for stormwater for the future six-lane cross-section; Traffic signals, total at their cost, not proportional, and then the last being fill. And I need to point out in the executive summary last time we had showed fill coming for Oil Well, Camp Keais, and Immokalee, and really that was incorrect. The agreements had it for Oil Well and Camp Keais. I want to make sure that although the executive summary still isn't as clear as I'd like in this area, that you understand that that fill is being provided at their cost, and fill of quality for what is needed for the roadway improvement, provided on site, therefore without the travel costs and without the moving it through neighborhoods, is going to be provided for Oil Well and for Camp Keais Road and for the ultimate six-lane cross-section, not for a four-lane section. MR. MUDD: Okay. Mr. Chairman, I'd like to make one correction to what Norman said. Norman said at their cost. It's, they're going to provide the fill to us at cost. MR. FEDER: At their cost. MR. MUDD: Okay. Which we believe is going to be around three dollars and some odd cents per cubic yard. Going rate right now is around six bucks, and it looks like it's going to be going higher than that in the near future, so it's a pretty significant contribution. CHAIRMAN COYLE: Okay, thank you. MR. FEDER: That is estimated to be about 10 million worth of saving doing the volume of fill that will be required. The developer also in the contribution agreement has agreed that they will go out and design all of Oil Well from Camp Keais over to Immokalee Road. That is an item in which they will get impact fee credits. Of everything I've said, that is the only area where they are Page 54 April 26, 2005 getting impact fee credits. That's estimated to be roughly six million. Once we get the contractor onboard, we'll get a definitive estimate, but that will be based on impact fee credits. But what they've also provided for in the agreement is that until they have generated -- and they assume that to be about 2007 -- six and a half million worth of impact fees, that they won't pursue any reimbursement on that six million design. And then after that six and a half million has been paid in, they will pursue credit at one dollar for every two dollars basis so that it doesn't then pull away the income stream needed to move forward on the proj ect. We have agreed on our end of this agreement to move forward on the construction of Oil Well. We had looked at and we're planning -- as you know we're doing all of Immokalee Road in three different projects all the way out to just north of Oil Well. Oil Well, Camp Keais, and Immokalee is the desired access point to get that good connection between Naples and Immokalee, so we had planned on moving on this anyway. What this does do though is accelerate our schedule, and what we've agreed to here is that we would move on both the western portion from Immokalee over to essentially Everglades in 2007, and at the same time work the other end over in front of what would be Ave Maria from Camp Keais on over to about Camp Keais Strand also in 2007. So both ends would be under construction in 2007, and then the middle section, which represents about half the cost of the project, will be dependent upon the receipt of impact fees both from Ave Maria and other development of that area in that district or in the adjacent district, but is anticipated to be 2009/2010 to move on that middle section. The other thing I'll point out to you is while the overall cost is about 52 million estimated, the impact fees to be acquired solely from Ave Maria's about 62 and a half million. That's also noted in the write-up, but it's over a period of time, so we are accelerating faster Page 55 April 26, 2005 than their impact fees will come in, but they're required to provide them consistent with the land development code with each site plan, 50 percent up front, and then 50 percent within three years. So it's pretty much standard to the normal provisions. With that, I'll open up to questions. I have Jeff Klatzkow, your county attorney, that's worked on this, as well as the developer's representative, and between the three of us, hopefully can answer any questions you have. CHAIRMAN COYLE: Any questions? Commissioner Fiala? COMMISSIONER FIALA: Yes. I would really like to see us able to buy that fill at cost for the Immokalee Road area as well. I think that's really necessary, the impact to the whole area. The fill is important to us, and I think we've worked very, very hard with them, and I'm sure they want to work with us, and I would like to see that added back in. MR. FEDER: I know in our debates, in our discussions, we didn't have that, and what I will do is defer to the developer's representative to respond to that, I guess. COMMISSIONER FIALA: Okay. MR. FEDER: George? COMMISSIONER COLETTA: After George's speaks, if I may. COMMISSIONER FIALA: Oh, sure. CHAIRMAN COYLE: Yep. MR. VARNADOE: For the record, George Varnadoe. I'd like to hear all the questions and concerns, because our pockets are empty, or almost so, and I'd like to hear any other concerns before I respond to that. COMMISSIONER FIALA: We'd still be paying for it though. I mean, we're not asking for a donation. We just wanted to pay cost. MR. VARNADOE: Well, it is a donation, Commissioner Fiala, because you're getting the land for free. So when we take the -- we donate land for the fill to come off of, it does have a value. And once Page 56 April 26, 2005 we have provided -- the only thing you're paying for is a cost of removal and permitting; in other words, our out-of-pocket costs. But we are, in effect, donating the land. And the fill for Oil Well and Camp Keais Road is now a six-lane cross-section as opposed to a four-lane, and that's going to take 60 some plus acres of land to provide that fill so it is a donation, okay. So I'd like to hear other concerns, and then, perhaps, we can come back and address them all, if that would be satisfactory to you. COMMISSIONER FIALA: Fine. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I appreciate that, because we always want to try to benefit the county and the taxpayers of the county as much as possible; however, in this case, we have gone to great lengths to secure all sorts of concessions from them. And if I may go down through the list: Seven million eight hundred in donated right-of-way; 1,950,000 in stormwater acreage; six million in design and permitting; and $10 million in fill at cost, and the savings it would be on it. So we've got a total of $25,750,000 that they're coming forward with to make this all happen. Now -- and I agree with you. There is a real concern. What are we going to do when Camp Keais (sic) is four-laned and we have the road from Camp Keais to Immokalee. And believe me, you know this has been one of my passions for just about forever. I mean, I'm willing to go to any extreme to make sure it gets built. We have so many positive things happening in the Immokalee area now because of the action of this commission with all the economic incentives and the putting off of the impact fees for low-cost housing. There's a tremendous amount of incentives, and they're on the verge of a building boom. We're going to be generating tremendous income. We have the Colliers. We have a number of other people who are going to be coming forward very shortly with all sorts of PUD requests, and that's Page 57 April 26, 2005 where we're going to find the remainder of Immokalee Road. And I'm sure we're going to find it's going to be one continuous thing when they start to build it. And when they reach the end of Camp Keais, that there will be a new agreement that we made, interlocal agreement with the new parties coming forward that will take it right into Immokalee. And I don't want to overburden Ave Maria with that last little chunk of it, because it's to their best interest the road gets built, and I'm sure we're going to see that through the economic incentives and all the new PUDs that are on the horizon, that we're going be able to fill that one little last link without any difficulty at all. CHAIRMAN COYLE: We'll go to Commissioner Halas, and then keep your light on, because we're going to come back to you and get your question answered, okay? Commissioner Halas? COMMISSIONER HALAS: Commissioner Fiala, did she address all of her concerns? CHAIRMAN COYLE: No. We agreed that we would ask all the questions so that the petition would understand how many issues he has to address at one time. COMMISSIONER HALAS: I appreciate everything that -- the course of negotiations between the county and Ave Maria. My biggest concern is that we have an awful lot of development that's going to take place out there, and I'd like to see in the motion that we reserve only the capacity for Ave Maria for what they claim is going to be their buildout to 2020, I believe it is, and I'd like to see that we reserve the capacity only for the 23,000 residents that are going to be there, and then we won't reserve any more capacity on that road. And I think that's about 23,000. Am I correct, George, 23,000, 24,000? MR. VARNADOE: I think our -- I went back and looked at the DRI very quickly, I made a phone call, and it was 24,200 was the DR! Page 58 April 26, 2005 proj ected buildout. And if I can, Commissioner Halas, the problem with that is obviously you reserve capacity for number of units, commercial square footage, the university according to number of students, and for office square footage. We don't really -- as I understand it from Norm, you don't really reserve capacity for the number of people who are going to be living there. I don't mind putting in the agreement that our estimated buildout population from the 11,000 units is 24,200. I have no problem with that, but I don't know how you turn that into a reservation of capacity, SIr. COMMISSIONER HALAS: Well, I'm concerned because I know we have an awful lot of other development that's going to be coming out in that area. And as you know presently we're in the process of trying to six -lane Immokalee Road. And I'm just concerned that once we six-lane Immokalee Road, then we're going to exceed the capacity at some point in time. So I'm looking that we reserve the capacity for 23,000 or 24,000 people, and then we have to figure out -- because we have to make sure that other people, when they come forward, that there's some capacity of some kind left unless, of course, we can find another avenue for moving people out in that direction. As you know, we have a tremendous problem at this point in time. And I think that's a fair assessment of 23,000 or 24,000 people, and I would like to see that it -- if my other commissioners agree, that we put that in a motion. CHAIRMAN COYLE: Let me try to resolve what might be a difference in interpretation here concerning that. Commissioner Halas wants to make sure that we reserve the capacity on the roads for what it is you're going to be building, and you're willing to do that in accordance with our current calculations as to traffic impacts. I think you said that. Page 59 April 26, 2005 What your concern is, that you don't want to restrict it to 23,000 people because we don't use people for the purpose of calculating the road impacts. We use the structures to calculate the impact. But you're willing to stipulate that we would maintain the road capacity for you to build X number of single- family homes or multifamily homes and commercial and retail facilities that would generate a predictable traffic impact, and we then would reserve that amount of traffic impact on the roads. Is that -- is that essentially what we're saying here? MR. VARNADOE: And that's what the agreement says. And I think -- and I don't have any problem with saying the projected buildout of the 11,000 units population-wise is 24,200, or whatever the DRI says. I just don't know how we turn that into a stipulation in the agreement, that was my only comment. CHAIRMAN COYLE: But you're willing to stipulate that we'll limit the reservation on the roads to the 11,000 units and the population that those 11,000 units will generate under our normal impact -- traffic impact calculations; is that correct? MR. VARNADOE: Yes, sir. That's what the agreement -- the agreement's very specific as to what the capacity is reserved for; 6,000 is to the university, 11,000 dwelling units, 690,000 square feet of retail, and it goes into very definitive terms as to what the capacity is reserved for. CHAIRMAN COYLE: And the formula converts those structures into traffic impact? MR. VARNADOE: Yes, sir. CHAIRMAN COYLE: Okay. It's just that you're not using population to calculate the traffic impact, you're using the structures, which is -- which is consistent with our normal traffic information -- traffic impact study concept, right? MR. FEDER: That's correct. CHAIRMAN COYLE: Okay. Commissioner Halas, would thatr Page 60 April 26, 2005 meet your comments? COMMISSIONER HALAS: Well, up to a point. I think where we're looking -- what I'm looking at is, there was some figures thrown around that -- I believe the county has a figure of2.58 occupants per dwelling, and I believe what Ave Maria came up with was an occupancy of 2.1; am I correct, George? MR. FEDER: Two point three nine, I believe. MR. VARNADOE: The county's -- COMMISSIONER HALAS: Wait a minute. I thought it was 2.1, in that area. MR. VARNADOE: Two different subjects, sir. Two point three nine is what the county uses for population estimates per dwelling units. We're using 2.2, and, therefore, if you multiply that times 11,000, you get the 24,200. So that -- yes, I have no problem with the population estimates. COMMISSIONER HALAS: Okay. My concern is, in the past we have gotten ourselves in a real pickle whereby when we're talking just on a PUD -- now, obviously this is way different than a PUD -- where we've reserved traffic and found out that we ended up impacting that -- the particular segment of the road to the point where, when it came time to build this out, we ran into some serious problems. So what I'm trying to do is make sure that we don't run into a situation in the future -- because we're looking at proposing to reserve traffic until the year 2020; am I correct? MR. FEDER: Yes, sir, Commissioner. COMMISSIONER HALAS: Okay. That's where I -- where I want to make sure when we look at the big picture here, we're also looking at the whole geographical area. MR. FEDER: Given Immokalee Road, I greatly appreciate your concern, Commissioner. What I need to point out to you is a couple of things. Page 61 April 26, 2005 First of all, the immediate action and impact is on Oil Well Road, and then Camp Keais, and then build us out to Immokalee and others. The provision that we have in here is we're building four, but we required the right-of-way, the fill, and the design for an ultimate six-lane. And the importance there is we expect there's going to be other development that will be created in this area, and, in fact, actually are looking forward to that. And what I mean by that is Ave Maria presents the opportunity, as we've discussed, to start changing the nature of flow within this county. Right now what we've got is a bedroom community in the eastern county that relies on all of its employment, services, and recreation, and the beach will still only be in the western portion, but nonetheless, for the western portion of the county, the current urbanized section to support it. What we cannot do is continue that process and expect that we can ever build the system within the urbanized section as we know it today west of951 that will meet all those needs. That's why we started to move out to 951 as a commercial corridor, and we need also to reverse some of the trips in the eastern portion of the county. And specifically, the example there is with Ave Maria, you've got a magnet that will spawn some of that development, light industrial and others in Immokalee. You've got one that will turn trips around. And right now I've got a directional split of about 80/20 on most of the roads out in the eastern county. That means that in the morning, 80 percent are traveling west and only 20 percent east. Ave Maria can reverse that and utilize some of that underutilized counterflow traffic. For instance, if I'm in Waterway or in the sections out there today in Orangetree, well, if they don't end up with another area to shop and probably more in the future, if they're going to Publix, they don't have to come down Immokalee Road to 951, which has only recently been available to them. Before they had to go further inland to the urbanized area. They can, rather, turn around on an Page 62 April 26, 2005 improved Oil Well and go to the Publix that will be within Ave Maria, so there are some -- CHAIRMAN COYLE: Yeah, Norm, let me try this again. MR. FEDER: Yes. CHAIRMAN COYLE: The reason that Ave Maria is asking for a reservation is that they're putting in tens of millions, if not hundreds of millions of dollars into this proj ect. MR. FEDER: Correct. CHAIRMAN COYLE: They don't want to find out near the end of their proj ect that somebody else has come in and taken up their road capacity and they can't complete their project. MR. FEDER: That's correct. And while there are larger-- CHAIRMAN COYLE: So we understand that other people will come in, however, and they will be using that road, and I think that's what Commissioner Halas is concerned about. By reserving the capacity for Ave Maria, we're then saying to those other people, you have to pick up your share of costs for making sure that the road capacity is available. But by providing this reservation, we're merely saying to Ave Maria, we're not going to give your share away to somebody else. We're going to make those other people pay for it. So certainly other people will come in and they'll want to build somewhere along these two roads over time. And if those people have an impact upon Ave Maria's ability to complete their project at its stated size, then those people have to make their own contributions to improve the traffic flow in that area so it is not impacted. MR. FEDER: That is correct. CHAIRMAN COYLE: And so that's really what we're doing. It's not that we are in any way failing to address concurrency on those roads. It is that we are giving this very big and important project some comfort that having spent hundreds of millions of dollars on this thing, that over that period of time, they aren't squeezed out and can't Page 63 April 26, 2005 complete the project. MR. FEDER: That's correct, Commissioner, that and we're developing part of the network that we had already committed to develop, and there's other parts of the network that would complement it that have to be developed, and with others that come forward, they'll pay their impact fees to replace capacity. And if they have bigger impact, like Ave Maria, we'd expect them, like Ave Maria did, to help us not only beyond their impact fees, but to improve other sections, whether it be Randall directional connection, Golden Gate Boulevard Extension, Vanderbilt Beach Road, other issues that we need to address as we continue to try to find a way to develop the system out in the eastern county. CHAIRMAN COYLE: Okay, all right. Thank you. Commissioner Fiala, you still have a question that you wanted to resolve? COMMISSIONER FIALA: Yes. My question's still on the-- still on the dais. Would you sell us the fill to do -- because there's going to be so -- you know, we want to give you all the capacity you want, but we, in turn, are going to have our other roads impacted as people are drawn to that area because of Ave Maria, and other developments are going to be taking place in the area, and I think a lot of it is due to Ave Maria, plus we're going to be generating a lot of traffic from the Immokalee area, and I think we could use your help on this fill. MR. VARNADOE: Well, Commissioner Coletta was after me two weeks ago for this fill, and I have met with my client, we've discussed it, and if that's the only additional stipulation in the agreement, we can add that section of road from Camp Keais Road north into the four-laning section of Immokalee -- on Immokalee Road to where it's already four-laned. We could provide the fill under the same circumstances we would for the Oil Well section and the Camp Keais section. Page 64 April 26, 2005 COMMISSIONER FIALA: That would make me feel a lot better, thank you. MR. VARNADOE: You have our commitment, we'll change the agreement. COMMISSIONER FIALA: Oh, and I didn't realize even Commissioner Coletta, probably make him feel good too, huh? MR. VARNADOE: Oh, Commissioner Coletta's been after me about the same thing. COMMISSIONER FIALA: Oh, for goodness sake. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: This is directed to Norm Feder, the transportation director here. In regards to working with Immokalee Road west of where the commitment by the university is going to be cut off, who's going to pick up the slack on that, going west to Everglades and beyond? MR. FEDER: The middle section? COMMISSIONER HALAS: That's correct. MR. FEDER: We already were in the process of developing that. Their impact fees, just alone, in Ave Maria, would be over 62 million over time. The overall project is about 52 million. So as they come forward -- and we showed you the schedule we anticipate there, plus other impact fees within the area should help us bring that middle section in about 2009/2010. MR. MUDD: Norman, he's talking about this section. COMMISSIONER HALAS: I'm talking about the sec -- no, no. I'm talk -- down below on Oil Well Road, excuse me. MR. FEDER: Yeah, middle section. COMMISSIONER HALAS: Oil Well Road going west to Everglades Boulevard. MR. FEDER: That's correct. And as I just said to you, that that's what we're proposing in 2009 and '10. Both are impact fees from Ave Maria and from other development within that district and adj acent Page 65 April 26, 2005 districts. Now, you are -- as we pointed out, you're putting a priority for that section to be done. But we've looked at our work program that we'll be presenting to you, and we feel we can still maintain our commitments on Golden Gate Boulevard and Vanderbilt Beach Road and still meet this time frame as long as the development of Ave Maria and other development anticipated continues there in the county. COMMISSIONER HALAS: So what you're telling me is that the dark line is going to start being developed in 2007; is that correct? MR. FEDER: The sections -- COMMISSIONER HALAS: The heavy line, the heavy yellow line is going to be start -- you're going to start developing that in 2007; is that correct? MR. FEDER: Yes. As Jim's going to put out -- and, Jim, we'll put you on the other end. On the western end from Immokalee over to Everglades where we have the major portion of the development today, the high school, that will start in 2007, as will, as you point out, that heavier line, which is the right-of-way being provided in front of Ave Maria, will also start in 2007. So Oil Well would work from both ends. COMMISSIONER HALAS: So then we're going to have a problem because we're not going to address the rest of it until 2009; is that correct? MR. FEDER: Well, you won't finish the other two ends. And the reason we put 2009, it's an awfully long section to be building at one time. Your major issue is to get over to Everglades, that's where most of your development is today. You don't have a lot of volume on the two-lane section today on the other side of DeSoto and also pretty much to the east of Everglades. The major movements today would be addressed starting in 2007. Then we're starting on this section that doesn't have as much Page 66 April 26, 2005 traffic from basically the east and moving over to the middle, and both of those two projects, the two ends, the western end where most of the development is, the eastern end in front of Ave Maria, should be done about 2009, allowing the middle section then to go under construction, assuming, and that's what's provided for here, that impact fees generated out of Ave Maria are consistent, as we expect, and from other fees in the area. COMMISSIONER HALAS: My last question is, getting back to the heavy yellow line, is this going to be only designed for four lanes, or is it going to be designed with six lanes that we can come back at a future date and just address the other two lanes without having it go through a whole complete road building program again? MR. FEDER: By all means, Commissioner, an important question. Six lanes, an urban cross-section that allows us to go back into the median, and the fill has already been provided for the six -lane, and just add the two lanes in the median when it's needed. COMMISSIONER HALAS: My final question is, when we start on the proj ect of going where the heavy yellow line ends and heading westward on Oil Well Road -- MR. FEDER: Over to Everglades. COMMISSIONER HALAS: -- where are we going to get the fill from that? Are we going to buy that from Ave Maria at that point in time? MR. FEDER: Y es. Ave Maria's providing the fill for all of Oil Well, all the way over to Immokalee Road. COMMISSIONER HALAS: Immokalee, okay. MR. FEDER: And on Camp Keais, and now Immokalee Road in that top section. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Actually, Commissioner Fiala beat me by one-tenth of a second. COMMISSIONER FIALA: Oh, that's all right, go ahead. Page 67 April 26, 2005 CHAIRMAN COYLE: No, she fumbled with the button. COMMISSIONER COLETTA: Just trying to be a gentleman. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: Okay. So the summary agenda, you're going to correct it so that it's so stated as it needs to be, that we're including the road from -- Oil Well Road from Immokalee all the way to Camp Keais and Camp Keais right to Immokalee Road again, and then Immokalee Road from Camp Keais back into Immokalee? MR. FEDER: That's correct. Both the interlocal and the DCA will be revised to reflect that. COMMISSIONER COLETTA: And that will all reflect it. Now one of the things I got to put everybody on notice for, as you know, this is needed facility, and it's very much needed. If there's any way as time goes along and through the MPO process or finding funds someplace else so we can advance it by months or years or whatever, it would be greatly appreciated. We have a situation that's quite desperate, and I'll be sharing with you numerous e-mails I've been receiving, none of them written with a smile in them, I can tell you that, considering the traffic situation out in that particular area. So as we go into it and we get moving towards the date, I'm going to see if there's anything we can do to try to advance it. I just wanted everybody to know, and the public to know also, that I'm not going to say that this is the date. This is the farthest out date that you can expect these roads to go in. If they can be done any sooner, we'll find a way. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. You mentioned before, Norm, something about the impact fees, and I think we're going to get them over time. What is it, 20 years or something like that? MR. FEDER: No, I think it's about 10 years. We put in your Page 68 April 26, 2005 agenda here showing through 2016 that they expect to be built out and provided about 62.5 million impact fees out of Ave Maria. COMMISSIONER FIALA: So you expect to use the -- you just roused my curiosity here. So you expect to use other impact fees received in that area to build these roads so that they get built in a timely fashion. MR. FEDER: That's correct. COMMISSIONER FIALA: What happens -- will other roads then suffer because no impact fees are coming in? MR. FEDER: No. What we've done is balanced the program. Now, what you are doing here -- and I want to make sure -- I think the county attorney made it clear to you in the other presentation, I want to make sure it's on the record as well, is that you are putting in this agreement a higher priority on that middle section for that '09 or '10 construction, the impact fees within this district and the adjacent district. What that says is you're completing particularly two large projects, which will be the extension of Golden Gate Boulevard and Vanderbilt Beach Road Extension. But again, being very conservative in our impact fee assessments or anticipated forecast and continuing our gas taxes, we feel that we're in a position to continue to move forward on those other two projects as well as bring forward this section on Oil Well, and so I just wanted to point out that you are setting this section as the priority for. Of use impact fees within the area. COMMISSIONER FIALA: But you feel that there will be a way to also complete those much-needed-- MR. FEDER: Yes. COMMISSIONER FIALA: -- projects as you had projected already, or do you have to -- MR. FEDER: Yes, in 2008 and 2009 the other two are scheduled, and we plan on continuing to maintain that schedule. Page 69 April 26, 2005 COMMISSIONER FIALA: And you'll have the dollars for that? MR. MUDD: Yes, ma'am. Just -- this intersection, that one that Commissioner Halas has been talking about, is around $25 million, and that's why we put it as to start 2009, be completed by 2010, and it basically lays it out so that if impact fees are coming in the way they're supposed to, then we'll get that section done. COMMISSIONER FIALA: Well, I understood that. What I was just wondering about, were other roads going to be suffering because the impact fees from all of that area would be going into this? MR. MUDD: Yes, ma'am. We believe -- that's a fail-safe for us. We believe that once the road segment out in the front of Ave Maria's there and the part that goes from Immokalee Road to Everglades Boulevard, the first section, when those are improved, we believe that the sale of those particular units at that university will go out like gangbusters, just like every other property in Collier County's going right now, and we'll far exceed the collection of impact fees that we have on our schedule. So that's the positive note, but we will also take in a place where we've got a fail-safe on that center section. CHAIRMAN COYLE: And does your cost estimate for the construction of the roads include things like wildlife underpasses and necessary fencing? MR. FEDER: Right now it's assuming one, and that's being set in the design particularly in the area of Camp Keais Slough, and that's an important issue in that area, and I know that the developer and the county have been talking with wildlife and the Conservancy to make sure that we include a wildlife crossing in the area of the slough. CHAIRMAN COYLE: Okay. So your cost estimates include that? MR. FEDER: Yes, sir. CHAIRMAN COYLE: Okay. And then Commissioner Halas and then Fiala again. We have seven public speakers. Would you like Page 70 April 26, 2005 to hold your questions until we get the public speakers? COMMISSIONER FIALA: I can. COMMISSIONER HALAS: I just have one question to ask Norm. Regards to logistics, this is a large segment of road that we're going to be -- is going to be under construction, and I think Commissioner Fiala, where she's going maybe with this is, how many road-building firms do we have here in Collier County, and will we able to address not only the needs out here, but the continuing needs of completion of roads in the urban area that need to be expanded, then also roads that are going to be expanded in the eastern part north -- or east of951? My concerns are that in the past we've had some bad experiences with road building groups. So first of all, I guess my first question is, how many road building firms do we presently have, and will we able to keep up with the demands other than what we have out in this area? MR. FEDER: First what I will tell you, Commissioner, is other than delay on one project, we haven't really had bad experience with our contractors. We're always trying to get better performance, cheaper price, and faster product. But we have brought in new contractors in the area, maintained working relationships with those that are here, and we have a program that is probably most aggressive this year and last year, as far as numbers of projects, so what we're talking about is actually ramping down on numbers of projects, therefore, contractors. We've brought two new ones in recently. John Carlo, a large firm that's going to be doing the section of Immokalee Road from 41 to 75. MCM is doing an outstanding job so far on the interchange and the overpass. They're new to the area. So we're pleased that we're bringing in some new contractors as well as maintaining efforts with the contractors that we started with. So I feel fairly comfortable in that we're ramping down on number of projects as opposed to continuing to go up. Page 71 April 26, 2005 I'm hoping that we're just over that peak, but it seems to be tabling, but we're working with it. CHAIRMAN COYLE: Okay. Let's call the first speaker. They'll be allowed three people -- three minutes. There will be seven speakers. MS. FILSON: First speaker is Fred Thomas. He'll be followed by John DePrisco. MR. THOMAS: Good morning, Commissioners. Fred Thomas, for the record, from Immokalee, Florida. First I want to thank you all for including that northern section, and I want to thank the family for doing all the stuff that they're doing to make easy access to Immokalee, and I'll talk a little more about that in just a few seconds. But something I think Norm Feder said that you all need to focus on. Ave Maria develops, brings some nice shopping and whatnot, all those folks from Orangetree that are now forced to go west can start coming east. That takes the impact off your roads. They don't have to go as far, they go in the opposite direction that's not being utilized now at all. I mean, we've got to learn to understand that by strategically locating activity centers throughout your community so it becomes a more of a walkable community, you take the impact off your roads, okay? And we want to applaud you for everything you're doing to make access between Ave Maria and Immokalee an easy one and to make it easier for you folks to come out and visit Immokalee High School. lmmokalee High School, the premier high school in the State of Florida with its Beta club. And for you that do not know much about Beta clubs, the high school honor service clubs, 3.0 average or better to get into, can now boast a national president, an outgoing state president, and incoming state president. Every place else in this state, they respect Immokalee and Page 72 April 26, 2005 Immokalee High School Indians for something other than football. Thank you. MS. FILSON: John DePrisco. He'll be followed by Jake Sullivan. MR. DePRISCO: Good morning. For the record, John DePrisco, president of Waterways of Naples Homeowners' Association, a community of over 420 homes situated in the northeast corner of the intersection of Immokalee Road and Oil Well Road, so obviously this is going to have a great impact on us. Several Wednesdays ago the commissioners came to our town hall meeting hosted by Commissioner Coletta. And if you recall, I spoke about how in the past we have been behind the curve and how, through your efforts in the past couple years, with novel things like six-laning Immokalee Road and so forth, you're now getting back up on top of the curve and maybe even ahead of the curve. And now we face the situation where, again, you might be behind the curve if we don't take advantage of what's put before us. You know, I'm representing residents who are all for this. You know, the county is getting significant gifts and, of course, the commercial companies get to move forward with their sales. So what I see here is a win-win-win scenario. We desperately need this. You know, I don't see any negatives for it. I have to deal with that traffic every day. I work here in the government center, so I know what it's like to hit that area of that light. So I just really would like to strongly support this proj ect, to tell you that the residents want it, we need it, it's past due, and we appreciate your support. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Jake Sullivan. He'll be followed by Nancy Payton. MR. SULLIVAN: Good morning. I've got to say I'm really Page 73 April 26, 2005 impressed with the cooperation that we've seen this morning. I guess, for the record, my name is Jake Sullivan. I'm the past president of the Waterways of Naples Homeowners' Association. Currently still a resident in Waterways, and I also have to deal with the traffic out there every morning, as does my wife. I'm really impressed with the cooperation, Mr. Mudd's team, Mr. Feder, the Barron Collier Companies, people from Ave Maria, Commissioner Coletta's really been on top of this issue. And I'd like to encourage you to approve the item and to enter into the agreement to accelerate the widening of Oil Well Road. This is a very essential link in all of this transportation -- improvements that are going to out there. In September of 2004 I was invited to attend a meeting with Don Scott and Joe Kinty (phonetic) of transportation services, and Chuck Barmby of the MPO, at which time it was revealed that the MPO had finally recognized the need to widen Oil Well Road and that the widening of the roadway had been added to the MPO's long-range transportation plan. The downside to the revelations was the project was not even in design phase and probably wouldn't be considered for design phase for years to come, with the eventual widening and the passage of traffic on it, not even until sometime after 2010. On November 16th of last year, I was fortunate enough to come before you and speak with regard to the adoption of the Orange Blossom Ranch PUD. Your acceptance of the PUD and the 200,000 square feet of commercial space came as a mixed blessing to the residents of the Waterways and Orangetree communities. This rapidly growing area was starving for commercial services enjoyed by residents living west of County Road 951. But we had serious concerns about the lack of roads capable of carrying the traffic of an additional 1,600 homes and three schools. And in particular, we were concerned about two-lane Oil Well Road. Page 74 April 26, 2005 In light of our concerns, residents of Waterways, Citrus Greens, and other communities affected by this eventual project formed a committee known as the Oil Well Road Task Force and immediately began to petition Commissioner Coletta for more immediate timed response to our needs as far as the roads to support our growth. He, in turn, solicited the aid of Mr. Mudd, Mr. Feder, Don Scott, and other members of the transportation services staff, who have worked diligently to get us some relief in this area. So please do not look away from this chance to get from behind the eightball. This is a perfect opportunity to install one form of necessary infrastructure to support the growth that is anticipated in our area. It has to be considered a win-win situation for Collier County and the tens of thousands of working families presently residing in this area that are crying for relief from traffic congestion. So I would urge you not to ignore the efforts of the county staff, but to applaud their actions by accepting this agreement, thus ensuring the residents of the areas abutted by Oil Well Road that there is light at the end of the tunnel and that one answer to our complex question of growth is going to be answered. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. MS. FILSON: Nancy Payton. She will be followed by Brad Cornell. MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation, and we're here today to support the interlocal agreement and the developer contribution agreement for the widening of Oil Well Road, which includes a wildlife crossing, and I qualify that, it may be a wildlife crossing stand-alone, or it may be a bridge that's expanded to accommodate panthers and other wildlife that are traveling north and south. Florida Wildlife has been pursuing a wildlife -- wildlife crossings Page 75 April 26, 2005 in the rural stewardship area since the rural assessment planning effort. In the past two years, we have been working closely with Barron Collier on our Oil Well Road concerns, and have received assurances, and we heard them again here today, that the budget includes a wildlife crossing. We've also been working with Collier Enterprises, owners of the west side of Camp Keais Strand, where habitat stewardship lands are targeted for restoration as part of the Florida Wildlife and Collier Audubon Society's 2002 settlement with the property owners, and this is to enhance a north/south travel quarter for panthers and other wildlife. It's been a long time getting to this point for wildlife crossing. First the transportation staff said we needed to have crossings referenced in the comprehensive plan. We got that done. Second, the state and federal agencies said, lands on either side of the road have to be in some sort of protective status, otherwise why build a crossing if there's going to be a shopping mall there at some point. We got that done through the stewardship designation. Third, the county needed to know where the crossings should be. They wanted professional recommendations on where those crossings should be. And out of a meeting coordinated by Florida Wildlife in 2002, the wildlife -- the wildlife commission agreed to do a study of road segments to identify those that are important for consideration for wildlife crossings. That study has been completed. It's not yet released. I've had the privilege of seeing it. And just as we all could predict, Camp Keais Strand is one of those segments on Oil Well Road that is identified. Lastly, we had another hurdle to overcome, and that was county staff rightly said, well, where in that road segment? The wildlife commission would not give specific recommendations on what should be built where. Page 76 April 26, 2005 So taking a cue from the development community, Florida Wildlife and the National Wildlife Federation received a grant to hire researchers, Dr. Reed Nauss, Dr. Dan Smith, and Dr. Marty May to do the study. And these are internationally known exerts on roads and ecosystems, and they are going to be doing a year-long study, a hundred thousand dollars of the rural stewardship area. But this Camp Keais segment is being fast tracked to accommodate the design schedule for the expediting of the widening of the road. Also, we have appealed -- and this is just my last comment -- have appealed to the Florida Fish -- or to the Federal Fish and Wildlife Service to consider and hopefully accept wildlife crossings, panther crossings, for habitat mitigation. At this point they will only accept acres to acres, and we've asked them and they have agreed to do this, to also take into consideration accepting wildlife crossings, panther crossings, such as Camp Keais Strand, as part of mitigation for impacts on panther habitat. And that is another way that we can kind of maximize our money. These wildlife crossings -- and I use wildlife crossings in a broad sense -- it's whatever is appropriate for wildlife at that particular area. And I know my three minutes may be up? CHAIRMAN COYLE: Thank you, Nancy. MS. PAYTON: Thank you. MS. FILSON: Brad Cornell. He'll be followed by Jack Pointer. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, here on behalf of Collier County Audubon Society, and I'm here to support the agreements that are before you on 858 and Ave Maria. We support these proposed agreements understanding that the road improvements will occur in the context of necessary listed species, wetland, and wildlife planting and protections, accommodating safe water and wildlife movement specifically Page 77 April 26, 2005 through a crossing or a bridge, as Nancy Payton just mentioned. We have worked with the landowners, Barron Collier, and the eastern Collier property owners extensively on these kinds of policies, and you yourselves have approved the rural land stewardship area as an exemplary set of policies for protecting these kinds of resources and property rights. We think that the RLSA has permitting advantages because of its proactive advanced planning and mitigation for wetland and listed species and that this should be a model for proactive planning throughout the county and for provision of infrastructure and protection of natural resources. And not only throughout the county, but throughout the state, and I think the state is looking at what Collier County is doing here, and this is a great example of how it might succeed, so we recommend approval. CHAIRMAN COYLE: Thank you, Brad. MS. FILSON: Jack Pointer, and your final speaker will be Tammie Nemecek. MR. POINTER: Good morning, Commissioners. My name is Jack Pointer. I live in one of the several subdivisions off of Immokalee Road on the north part of Naples in the Collier County community. I want to rise and support the interlocal agreement between the board of supervisors from Collier County and the Ave Maria stewardship community and also support the developer's contribution agreement from the Ave Maria stewardship community. All of that is going to directly affect me, who live off of Immokalee Road and daily have the same problems in the north end of the -- of the area, but much closer into town. I don't have to drive the far distance, but I do have difficulties getting off the bridge and getting onto Immokalee Road, and getting off of it also in the evening. So I wish to strongly support what you have before you and I wish to also strongly support the several members of the public who Page 78 April 26, 2005 preceded me. Thank you. CHAIRMAN COYLE: Thank you, Jack. MS. FILSON: Your final speaker is Tammie Nemecek. MS. NEMECEK: Good morning, Mr. Chairman, County Commissioners. My name is Tammie Nemecek, president of the Economic Development Council of Collier County. I'm here to applaud you for taking on this challenge of road construction in eastern Collier County and working creatively with the town of Ave Maria and Barron Collier Companies and the county commission and the transportation staff to make this happen. This is truly a first step for some certainty in the process of economic development for eastern Collier County, not only for the Immokalee area, but for around the Orangetree area and the town of Ave Maria. In our effort in order to attract businesses to find locations for businesses to grow, and looking at the eastern Collier County area, the number one question comes from the businesses, is, how am I going to get there? What are the transportation routes? And providing routes not only like this, but the other ones that are under consideration for eastern Collier County are critical in that to be able to preserve employment sites for our future generations to have jobs. In addition, I just would like to express to you the impact of the Ave Maria project and what it's had on the Immokalee community and our ability to attract businesses to lmmokalee. Before the Ave Maria proj ect was announced, about 10 percent of our leads were interested in the Immokalee area. We've seen an increase to about 30 to 35 percent of the leads interested in the Immokalee Airport, and these are significant leads. But again, we need to provide those transportation routes in and out of the area to be able to bring products, as well as people, to their Page 79 April 26, 2005 job sites. So I encourage you to approve this project, let's move it forward, let's have economic development opportunities for eastern Collier County, and create jobs. Thank you so much. CHAIRMAN COYLE: Thanks, Tammie. MS. FILSON: That was your final speaker, sir. CHAIRMAN COYLE: Okay, fine. Commissioner Fiala? COMMISSIONER FIALA: Yeah, just -- I just had one last question, Norm? By reserving capacity on this road for a project that will take a while to build out, are we setting a precedent for other communities, like the big one that's going to be coming forward with Collier Enterprises, for instance? MR. FEDER: We've done it previously, Commissioner. An example that I'll cite is we did it with the Heritage Bay DRI. That's going to be developing over a number of years. In that case there was a little bit different structure, but essentially the same. So, yes, we are reserving that capacity, as pointed out. They need some level of assurance. We needed the road. We're just doing it a little bit sooner, and they're providing us a lot of the resource to be able to get that done. COMMISSIONER FIALA: So we're not setting a precedence? MR. FEDER: We will continue to bring to you developer contribution agreements where we feel it's definitely to the benefit of the county to entertain and to consider. So if that's the precedence, yes, we will bring others to you if, in fact, we feel the results are such that they bring benefit to the county. CHAIRMAN COYLE: And you've done so in the past? MR. FEDER: We have done so in the past. And as I said, we'll continue to if we feel that it's the benefit of the county. CHAIRMAN COYLE: Your time is up. MR. FEDER: My time is up. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Do you have to close the Page 80 April 26, 2005 public meeting before I can make a motion? CHAIRMAN COYLE: Nope. This is not a quasijudicial meeting, i tern. COMMISSIONER COLETTA: I appreciate that. CHAIRMAN COYLE: But you had your button on, so -- COMMISSIONER COLETTA: That's right. And if I may, I would like to make a -- CHAIRMAN COYLE: You may. COMMISSIONER COLETTA: -- motion that we approve it with the conditions that we mentioned already with the number of-- how do we come up with that -- the number of development units in relation to the density? You were the one that dealt with this. We're working on that -- that that's included to it as we agreed to. And also, too, that the fill agreement as Commissioner Fiala brought forward -- and I thank you very much for that -- is also included into that, and I figure that adds another two and a half million dollars to the package of what we're going to be getting from this -- and that we follow the rest of staff recommendation as so stated. CHAIRMAN COYLE: Okay. Could I suggest -- Norm, I'll give you another minute here to answer this question if you'd like. But could I suggest -- we need to clarify this issue on reserving capacity. Could I suggest some wording that would be included in this motion that would say that we would reserve the capacity which was -- which is determined by our traffic impact study for Ave Maria for the specified number of years? MR. FEDER: Yes. CHAIRMAN COYLE: Would that do the trick? MR. FEDER: Yes. And I think you did hear one thing today. We'd probably specify the population anticipated from the residential component, which is a little less than our usual anticipated population level. CHAIRMAN COYLE: Okay. But you don't use the population Page 81 April 26, 2005 to calculate traffic? MR. FEDER: No, we do not. We use number of units and trips generated. CHAIRMAN COYLE: But -- so what you would do is use your traffic impact study numbers -- MR. FEDER: Correct-- CHAIRMAN COYLE: -- as a basis -- MR. FEDER: -- from development and such. CHAIRMAN COYLE: -- for guaranteeing road capacity? MR. FEDER: Correct, by units, by square foot, other units, yes. COMMISSIONER COLETTA: I include that in the motion. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: The only other -- I would just like to get a clarification in regards to -- if the town of Ave Maria DRI or SRA do not become final, or the Army Corps of Engineers permit of the town of Ave Maria is not received and becomes effective before December 31 st, 2000 (sic), all agreements are off. Where does this leave the county in regards to, if they fail to get their DRI approved or the SRA? MR. FEDER: Then we face the need to continue to develop Oil Well, Camp Keais, and Immokalee, but it will probably be on a slower schedule if we don't have the right-of-way and these other features of our 25 million brought to its completion. MR. MUDD: Now, the cost of the design and the permitting that's done that they're going to start -- they've started already -- whatever that vouchered amount is, that would be impact fee credits that would stay with the land, and so whatever that development is, future, whatever this little box turns out to be, they'd have credits for the design and the permitting of Oil Well Road. Now, Norman's original time line for Oil Well Road was 2012. That's when we'd start. So we'd already have the design and the permitting. And the way things are going with Orange Blossom and Page 82 April 26, 2005 whatnot, at least the western portion between Immokalee and Everglades Boulevard would get done sooner than that. COMMISSIONER HALAS: Well, my question is that if-- realizing that the petitioner is putting himself on the line here for $6 million, where does -- does that leave the county vulnerable for anything that -- if something should not coincide here with the development or the agreement taking place by December 31 st, 2006? MR. MUDD: The county is not out the money. The money that's being spent for the design and permitting is coming from Mr. Monaghan and the Collier family. MR. FEDER: The impact fee credits. COMMISSIONER HALAS: Okay. Thank you. COMMISSIONER FIALA: I will second that motion if that is what your intention was as far as -- excuse me, as far as -- COMMISSIONER HALAS: Well, I hope that what we're saying is we're just going to reserve the traffic for 24,200; is that correct? Because that's what the projected buildout is for 2020. MR. FEDER: Commissioner, what I think I heard, and what we've done so far and what's being presented, is reserving the capacity for the project which has a component of residential, the population is projected at that, but also has other components, the university itself, as well as some commercial and others, and what we've done is we've reserved based on the square footage of commercial, let's say, the number of residential units, based on the trip generation, we are reserving that level of trips, and then they will be paid for in each final plat or plan, and, therefore, become trips committed to this project. COMMISSIONER HALAS: And what is that? What is -- what is the trip generation that you then proj ected for this through 2020? MR. FEDER: Don, do you have a feel for the trips? And understand also, the modeling needs show the trips that are then changed in direction. But we've got just a generation from the project, but you can't take it by itself. Page 83 April 26, 2005 MR. SCOTT: I actually was looking -- Don Scott, transportation planning. I was looking at, by segment, peak hour/peak direction that we usually do when we vest or reserve trips, and essentially through 2016, because that's the numbers that I have at the moment, whatever their buildout is. W e'lllook at those years if it's 2020. Essentially if you're looking on Oil Well Road, you're talking about three hundred -- 538 peak hour/peak direction trips through that time frame. COMMISSIONER HALAS: Per hour? MR. SCOTT: To buildout. COMMISSIONER HALAS: Say that again now. MR. SCOTT: Five hundred and thirty-eight-- COMMISSIONER HALAS: Per hour? MR. SCOTT: -- peak hour/peak direction trips. And I have it for -- if you want to move down the road, it's -- Immokalee between Wilson and Oil Well, is 590, Collier to Wilson's 567, and Immokalee at 951 's 322. COMMISSIONER HALAS: At what time is that projected at? MR. SCOTT: That's through the whole buildout, 2016. COMMISSIONER HALAS: Okay. MR. SCOTT: And that's the way I would do it is based on the whole development, essentially peak hour/peak direction trips into the system as -- and it had -- when you asked for certain things, I'll have to vest it, I'll have what's reserved for each one of those links. COMMISSIONER HALAS: So do you have a segment, for instance, time segment of seven till nine? What's your trip generation in that point in time? Do you have that? MR. SCOTT: It's actually afternoon peak hour/peak direction. One of the comments that we had out in that area is that we ought to be looking at a.m. peak, and we discussed that during the AUIR, which we're looking at also. COMMISSIONER HALAS: So you don't have a hard figure Page 84 April 26, 2005 then at this point in time? MR. SCOTT: Not for a.m., but we do for p.m. COMMISSIONER HALAS: And the p.m. is what? MR. SCOTT: For -- say for a segment on Oil Well Road, we will reserve 538 peak hour/peak direction trips. COMMISSIONER FIALA: But you said earlier -- well, not you said, but it was stated that 80 percent is in the a.m., but only 20 percent in the p.m. return, right? MR. SCOTT: No -- yeah, the other way around. COMMISSIONER FIALA: Other way around? MR. SCOTT: Yeah. Eighty percent would be entering in the -- well, it depends on the use. I mean, obviously if, you know, people go there in the morning to work or whatever, would leave, so you have more entering into the morning, and then less, you know, depending on whether it's going for work or if it's going for school or what other issues you have. I think the comment was that our peak direction right now is heading into Naples; 80 percent into Naples, 20 percent the other way. That switches that around. You're using the nonpeak time to go towards the university, or nonpeak direction, sorry. So what I'm looking at is peak hour/peak direction trips reserved into the system out through the buildout, be it 2016 or 2020. CHAIRMAN COYLE: Was there -- did you make this as a motion? COMMISSIONER COLETTA: I made it as a motion. We had a conditional second from Commissioner Fiala. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. And so, Commissioner Halas, is that what you were -- well, let me just say it satisfies me, so I will second that. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta and a second by Commissioner Fiala that Page 85 April 26, 2005 would recommend approval for this project with the changes that have been discussed, which includes the sale of additional fill at cost and the reservation of traffic capacity on the roads in accordance with the traffic impact study which will be conducted for this project as of buildout. Is that -- does that fairly state the intent of the motion? COMMISSIONER COLETTA: Yes, it does. CHAIRMAN COYLE: Okay. MR. MUDD: Yes, sir, and there's two items. There's an interlocal agreement, and then there is a developer contribution agreement. CHAIRMAN COYLE: Okay. Do you want to vote on them separately? MR. MUDD: You don't need to. CHAIRMAN COYLE: Okay. Then let's do it together. COMMISSIONER COLETTA: My motion covers it all. CHAIRMAN COYLE: The same issues apply to both. Is there any further discussion by board members? (N 0 response.) CHAIRMAN COYLE: Hearing none, 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 those opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9A Page 86 April 26, 2005 RESOLUTION 2005-172: APPOINTING RICHARD KRAENBRING FROM AN ALTERNATE TO A REGULAR MEMBER, APPOINTING JUSTIN DEWITTE AS AN ALTERNATE MEMBER AND APPOINTING JERRY P. MORGAN AS A REGULAR MEMBER TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to item 9A, which is an appointment of members to the Collier County Code Enforcement Board. COMMISSIONER FIALA: Motion to approve the three applicants. COMMISSIONER HALAS: Second. MS. FILSON: Commissioner, if I may, you have a member who's currently serving as an alternate who's requesting to become a regular member, and if you do that then -- and I also have one who's requesting to become an alternate member. COMMISSIONER FIALA: Yes. Incorporate that into the motion, please. CHAIRMAN COYLE: Okay. So we're having a motion that will transfer the existing alternate into a permanent position, appointing an additional -- an alternate to fill the alternate position, and then appointing another regular member? COMMISSIONER HALAS: My motion reflects that -- my second reflects that. CHAIRMAN COYLE: Okay. So motion by Commissioner Fiala to approve those appointments, second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. Page 87 April 26, 2005 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is unanimous. Item #9B RESOLUTION 2005-173: APPOINTING BERNARDO BARNHART, EVA J. DEYO, CURTIS BLOCKER, JR., AND RE- APPOINTING FRED THOMAS, JR. (W /W AIVER FOR TERM LIMIT) TO THE IMMOKALEE ENTERPRISES ZONE DEVELOPMENT AGENCY - ADOPTED MR. MUDD: Commissioner, the next item is 9B. It's appointment of members to the Immokalee Enterprise Zone Development Agency. COMMISSIONER COLETTA: Okay. I'd like to -- MS. FILSON: I'm sorry. If I may, if the commissioners choose to appoint -- reappoint Fred Thomas, he has served his two-term limit, and he also is currently serving on three boards, so you'll have to waive section 7B and 5D of 2001- 55. COMMISSIONER COLETTA: Okay. If I may, I'd like to go with the committee's recommendation and to waive the requirements as so stated by Sue Filson as far as the ability to be able to serve an additional term. CHAIRMAN COYLE: Okay. Motion to appoint Bernardo Barnhart, Eva Dreyo, Fred Thomas, Jr., and Curtis Blocker, Jr., by Commissioner Coletta. Is there a second? Page 88 April 26, 2005 COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All those -- is there any other 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, like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. MR. MUDD: The next item is 9C, Commissioner Henning's request to discuss and identify additional funding for off-season tourism advertising. MS. FILSON: If I may just interject, I have a lot of speakers on this item, and I know that you have a luncheon scheduled for 12 o'clock. CHAIRMAN COYLE: We will break at 12 o'clock whether it's finished or not. What's you're pleasure, Commissioner Henning? COMMISSIONER HENNING: I think we're going to have quite a bit of discussion on this. If we can come back after the lunch and deal with this item instead of going to land use, I think that would be preference to the public wanting to speak on their issue. I see Mr. Pennington's here also. CHAIRMAN COYLE: Okay. Then we'll-- we have a -- we do not have a time certain at one o'clock, so we can take this up at one o'clock when we return. MR. MUDD: Yes, sir. CHAIRMAN COYLE: What item can we go to now and get Page 89 April 26, 2005 done in 10 minutes, County Manager? Item #10F BUDGET AMENDMENT IN THE AMOUNT OF $842,700 FOR FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION FOR THE COLLIER AREA TRANSIT SYSTEM - APPROVED MR. MUDD: Commissioner, I'd say that we --let's do 10F, okay, that should be -- that's a transportation item. It's a recommendation that the Board of County Commissioners approve a budget amendment in the amount of $842,700 for funds from the Federal Transit Administration for the Collier Area Transit System, and Ms. Diane Flagg, the alternative transportation modes director from the transportation division, will present. MR. FLAGG: Good morning, Commissioners. Congress is still working on the final format of the transportation bill, and up until this point we've utilized gas tax funding to purchase two buses approved by the board last year. Since the purchase and associated capitalized operating expenses will be funded by the FT A once Congress reaches consensus, this item moves the expense of the buses that we purchased last year to the FT A grant. CHAIRMAN COYLE: Okay. Any questions by commissioners? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Coletta, a second by Commissioner Fiala. Any further discussion? MR. MUDD: Commissioner Coyle, you had a question on this Page 90 April 26, 2005 particular item, that was last Wednesday in the airplane as we were trying to do this agenda. And, oh, by the way, thanks for the cold. I appreciate it. CHAIRMAN COYLE: You got that in Tallahassee. MR. MUDD: Yes, sir. I believe -- I just asked you if you still had that tickle in your throat. CHAIRMAN COYLE: No, I'm fine, as a matter of fact. I think my question has been answered. I talked with Norm Feder earlier. MR. MUDD: Okay. CHAIRMAN COYLE: Any questions by commissioners? (No response.) CHAIRMAN COYLE: Hearing none, I'll 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: Any opposed, by like sign. (N 0 response.) CHAIRMAN COYLE: Okay. It passes unanimously. Do we have something else we can do quickly? Item #10A RESOLUTION 2005-174: CREATING THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, we have a -- let's try lOA. How many speakers do we have on this one, Sue? MS. FILSON: lOA, we have two. Page 91 April 26, 2005 MR. MUDD: Okay. Commissioner, this item has been talked about, or at least been on the agenda several times. This item has been continued from the March 22nd, 2005, BCC meeting to the April 12th, 2005, BCC meeting and was further continued to the April 26th, 2005, BCC meeting. And it's a recommendation to approve resolution 2005, the number to be determined based on the board's action today, creating the -- MS. FILSON: I now have four speakers. MR. MUDD: -- habitat conservation plan advisory committee. And Mr. Bill Lorenz, your environmental director from community development, will present. MR. LORENZ: Thank you. At the February 15th workshop, the board gave staff basically two directions when we discussed the listed species comprehensive program. One was to work through the growth management plan amendment process to modify the policy that we had the glitch with, and so we are just working internally at the moment for that. But the second item, which is the action before the board today was to develop a formal advisory committee to study the feasibility of a habitat conservation plan that would be directed to the protection of Red-Cockaded Woodpeckers, or RCWs. The proposal that you have in front of you is, the adoption of the resolution would create this advisory committee, which would be a full sunshine committee. We're proposing a nine-member committee, the individuals would be appointed by the board through your regular and routine procedures. The purpose would be to -- for this committee would be to come back to the Board of County Commissioners at the end of the summer before your budget hearings to give you a recommendation as to whether or not we should pursue the development of a habitat conservation plan. The development of the plan, we are recommending -- and the Page 92 April 26, 2005 county manager hasn't seen it in our budget yet, but part of our budget would be $75,000 in contractual services to hire a consultant to develop this plan, because the plan has to go through a fairly extensive federal public hearing process. So the purpose of this committee would be to determine whether that conservation plan would be feasible and whether the Board of County Commissioners should -- will go or no go with -- have a go/no-go decision on the habitat conservation plan in time for your budget deliberations. CHAIRMAN COYLE: Okay. Any questions by board members before the public speakers? (No response.) CHAIRMAN COYLE: No? Let's hear from the public. MS. FILSON: Brad Cornell. He'll be followed by Rich Y ovanovich. CHAIRMAN COYLE: How many public speakers do we have? MS. FILSON: We have four. CHAIRMAN COYLE: Everybody will get three except Rich Y ovanovich. MR. YOV ANOVICH: Six minutes? CHAIRMAN COYLE: He'll get one. MR. CORNELL: Good morning, Commissioners. Brad Cornell, here with -- on behalf of Collier County Audubon Society. And you may remember that in the listed species workshop held about a month ago, this issue of seating an advisory committee for a habitat conservation planning process came up, and several of you had asked for more data to support, in particular, the status of Red- Cockaded Woodpeckers here in Collier County to know which direction they were going. Was it -- were they basically flat, were they going down, were they going up, in terms of their population. I've done some research on that issue, and on the visualizer you will see a representation of Red-Cockaded Woodpecker clusters. A Page 93 April 26, 2005 cluster is a group of cavity trees inhabited by one family, group of birds. These were active clusters between the time of 1986 and 2004 that were documented by Gaza V ostishaga (phonetic), who wrote your Red-Cockaded Woodpecker report for North Belle Meade. And he has documented, and on this map, 30 clusters. All the clusters west of 951 are now gone. So that would be 20 of the 30 are gone. So in terms of the western parts -- habitat in the county, the trend is pretty negative. There are also no Red-Cockaded Woodpeckers --I consulted with Kim Dryden with the Fish and Wildlife Service, who has also worked with -- for 20 years or so with Red-Cockaded Woodpeckers here in the county. She documents that there are no Red-Cockaded Woodpeckers in CREW, in the Panther National Wildlife Refuge, in the Fakahatchee Strand, in Collier Seminole State Park. Corkscrew Swamp, I know, has no clusters, nor are there any in the Panther Island Mitigation Bank. Florida Fish and Game Commission, now the Fish and Wildlife Conservation Commission, studied potential habitat for RCW s throughout Collier County in its 1994 GAPS analysis, and almost all of the habitat west of County Road 951 is now developed and gone. So -- and that's further documented by Gaza's map. The Picayune Strand, in 1991 Kim Dryden documented eight clusters that were active, and now there are -- this would be south of I-75. Now there are four clustered, so the trend there is also negative. I do need to note though that the Picayune Strand State Forest is a targeted area in South Belle Meade for restoration, and there are plans for doing restoration on those public lands to try and get the birds back, the population built back up in that area, but right now the trend has been negative. I also wanted to show you a map of North Belle Meade. If I may have just another minute to present this data. These are the clusters that are in North Belle Meade, and this is Page 94 April 26, 2005 one of the main objectives for protecting the Red-Cockaded Woodpecker on private lands. And that's, indeed, one of the reasons you did and have commissioned the study on Red-Cockaded Woodpecker in North Belle Meade, and there are -- you will see there are six clusters, one of which is owned by the county itself. I think all of this lends support to the idea of looking comprehensively at the whole county, but one -- I'm sorry. One other piece of information is that there are fewer than 35 clusters in Big Cypress National Preserve, which is the largest population of Red- Cockaded Woodpeckers in Collier County. That is not sustainable without also protecting the private land woodpeckers, and that's been corroborated by Jerry Jackson, who's a professor at Florida Gulf Coast University, as well as Kim Dryden. So I think all of these data lend a recommendation, and we would recommend -- Collier County Audubon Society recommends that the county proactively plan for protecting Red-Cockaded Woodpeckers throughout Collier County, and to start that process, to seat this -- and approve the establishment of an advisory committee on habitat conservation planning. MS. FILSON: Next speaker is Rich Yovanovich. He'll be followed by Nicole Ryan. MR. YOV ANOVICH: Just quickly, since Brad took my time. I'm here on behalf of Signature Communities. They believe that establishing the committee to study the feasibility of a habitat conservation plan is a good idea. We hope that this will ultimately lead to a broader range habitat conservation plan that will address many Issues. We believe that it will be a win-win for the county, the environmental community, and the development community if we can come up with a plan where we all know certainly where we can develop, where we can't develop, and how we will develop in the future. Page 95 April 26, 2005 It will work out well for county projects, roadway projects and other proj ects that the county may have. It will preserve environmental issues and it will also allow the development community to move forward. We hope that you'll go forward and establish this committee. We like the fact that it's a government-in-the-sunshine committee. And, again, on behalf of the Signature Communities, Signature Communities would hope that you will go forward with the proposed committee. CHAIRMAN COYLE: Thank you, Rich. MS. FILSON: Nicole Ryan. She'll be followed by Nancy Payton. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. And the Conservancy is also supportive of the establishment of a committee to look into all these issues, the feasibility, desirability of an HCP for Red-Cockaded Woodpeckers, and we also want to point out that it's going to be very important to have a committee that's fair and balanced. In the proposed ordinance you look at having property owners and developers in the environmental community involved in the committee, and those are key groups that need to be part of this. But we also want to make sure that there's an unbiased scientific background and expertise that will be part of the committee and also those that potentially have background in HCP planning. So I'd like to maybe recommend that these technical exerts, whether they live inside or outside the county, be potentially able to be appointed to this. And I don't know if something like this needs to be done right now. But we don't want to limit the technical expertise that could be part of this committee, and we also need to really reach out to those agency personnel that have tremendous background. And even though they can't be appointed members, that they're there and Page 96 April 26, 2005 they're part of the process as it goes forward. Thank you. COMMISSIONER FIALA: May I just ask a fast question? Did you want -- or these two people that you suggested initially, did you want them to be like somebody who would be able to answer questions that maybe the committee couldn't, but not a voting part of this committee? MS. RYAN: Well, I think it would be nice to have potentially RCW experts that, if they don't live in the area, could still potentially be on the committee, and I don't know how this committee would be structured, but oftentimes you have to be a voting resident in Collier County to be appointed to these committees. So just a suggestion that you could broaden the scope of potential applicants for the committee by looking farther out. And if there are people with potentially a background in HCP planning or those that have expertise in Red-Cockaded Woodpeckers, we want to make sure that we're not excluding anyone from this committee. And then also to have agency personnel that can't -- I don't believe they can be actually appointed to a committee or they probably wouldn't want to because of their agency links. But for them to be there at the meetings and give input to the committee just as a participant but noncommittee member. CHAIRMAN COYLE: Thank you. MS. FILSON: Your final speaker is Nancy Payton. And that would have to be, Commissioner Fiala, incorporated into the resolution for me to advertise for someone that wasn't a Collier County resident. MS. PAYTON: Nancy Payton representing the Florida Wildlife Federation, and I'm here to support what's before you today to establish this committee to explore the feasibility cost and all related issues of establishing a habitat conservation plan for Red-Cockaded Woodpeckers and potentially expanding that to a multi-species county-wide HCP. Page 97 April 26, 2005 I thought that Nicole did bring up a good point about technical experts, and I reminded myself that in the rural stewardship planning effort there was a technical advisory committee, and that was composed of agency people and other people that had the specific expertise on a specific issue that could provide that to the Citizen Advisory Committee, and that might be another way to explore getting the input of agency people and other experts. So it's just another option, but it is a good point to make sure this is a science-driven project. Thank you. CHAIRMAN COYLE: Thank you, Nancy. Was that the last speaker? MS. FILSON: Yes, sir, that was your final speaker. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: The resolution, the makeup of the committee is pretty much based on special interest groups instead of the citizens that we serve, and now we want to get outside special interests on a committee? But I -- Sam Tucker, my assistant, and myself did a lot of research, because I feel that some information is not being provided to the Board of Commissioners. And on June 20th, 2004, it was stated in an article, Collier County RCW s are in the dec -- on a decline in the urban area. And in the Belle Meade, I grant you, that is happening. But it -- what the experts fail to realize, and it was pointed out here, that in the Big Cypress preserves where the biologists know there's 59 family groups that produce 30 nestlings each year, and the population might even increase, by biologist expert Deb Jansen. So while we do have a decrease in the urban area, with Collier County 80 percent in preserves, for some reason we're leaving those details out. And the whole reason, I believe, as my party affiliation, is that we should not create more unnecessary government, and I see this as not only unnecessary government, but just the resolution alone Page 98 April 26, 2005 doesn't -- isn't for the citizens of Collier County. It is -- we have agencies that deal with listed species. We, in fact, do deal with land uses such as boat ramp, marinas, protect the habitat of manatees, we do have a gopher tortoise protection plan, and I guess what really, really is offensive is when we receive, the Board of Commissioners, from the Audubon Society, on -- when we try to provide for the citizens, there are so many -- inhabitable deal-making in Golden Gate Estates, and I'm talking about the interchange to where we will support this if you buy up unit 53, the Winchester Head, create a flow-way in Golden Gate Estates, and the list goes on and on and on. And I think what we need to do with environment should be sensible, what is good for all, not just one side. And I'm not going to support this listed species, RCW listed species resolution or any growth management plan amendments in the future for RCW protection, because I don't see it. And if the environmental community wishes to work with the Board of Commissioners for betterment of all, I'd be more than open to do -- look at some other species in the future. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I, myself, I think that's something that needs to be addressed. When we have a cross-section of people here that said they were in favor of looking at this, I think it's very -- I think it's something that we need to do. I think we have an obligation, as citizens, to make sure that we address habitat of Cockaded Woodpeckers. And I also think that when we do look at this, we have all stakeholders involved in this and that we have an outside expert that has that expertise in this particular area. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I support this issue, but one thing I wanted to make sure of is that, you know, usually whenever we put these committees together, right away you can almost name the Page 99 April 26, 2005 people that are going to apply, and I would really like to see some citizens there, just as Commissioner Henning mentioned, some citizens there who don't usually apply but who are interested in helping -- helping form the decisions for this committee. I think it's great that we have an RCW expert as well as a technical expert as a nonvoting member who would like to participate and advise. But I don't want to see these people coming in from other areas. One of the problems we have with so many committees is we don't have -- we don't have a quorum as it is. And if somebody's coming in from other areas anyway, I just -- I just don't want to see that done. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. You know, it's strange how these things go from one direction to another. The last time this came up before, I was the only one who voted against it. Commissioner Henning brought up some very good issues; however, today especially I've seen efforts on the part of the environmental community to extend themselves outward, especially with the Ave Maria interlocal agreement and supporting it. I have seen some cooperation -- initial cooperation taking place on the Everglades interchange, however, that doesn't remove my concerns over the possibility that we're going to march ourselves in in the very near future with a listed species ordinance that will prohibit us from building roads without spending many, many millions of dollars or delaying something for generations to come. But with that said, I have no problems with putting this committee together. I assure you that there will be community representation on there. There is a core group out there that is very interested in the values that we're talking about for the roads that have to be put into place, and they also care about the environment. And from that core group, I think a lot of -- it's a number of people you would know, and you may appreciate their being on there Page 100 April 26, 2005 to protect the interest of the individual homeowners. So in this particular case, I'm going to flip-flop from my present -- from my past stance and I'm going to support it at this point in time with the idea being that I do expect cooperation to continue and I do expect for community participation in this. And if I don't see it, the end result I won't accept. CHAIRMAN COYLE: Well, I view this as a positive step, not a negative one. You look back and you say, how did we get a Manatee protection plan? Well, you know, we got together and we developed one. How did we get a Gopher Tortoise protection plan? Well, we got together and we developed one with outside -- with people -- members of the public and committee members advising us. But it goes further than that. Having a plan is better than having no plan at all. With no plan, nobody knows what to expect. There is no certainty or predictability about what you can do. With a plan it clearly specifies what can be done, and if you want to make sure that you have the right to build needed roads and other infrastructure, then you specify those kinds of flexibilities in the plan. So I think it has a lot of advantages over our current process, which is one of great confusion. We wind up arguing about it, we get lawyers involved. We might even have to go to court in cases to solve some issues with eagles. But if we had a plan, you know, it really wouldn't be all that difficult. We'd know what we were supposed to do. So I would -- I would tend to support this. My only concern is, Commissioner Fiala, I don't know that you really can tell who's going to be on this, because I don't believe any of these people who spoke here today can be on this committee. I don't think they would be on it because it would be an instant conflict of interest for them. They couldn't perform their jobs if they got on this committee. COMMISSIONER FIALA: And she kind of said that. CHAIRMAN COYLE: Yeah. And so we are going to have to Page 101 April 26, 2005 think very long and hard about who we put on the committee, but it must be balanced, and it's going to be tough getting the kind of expert assistance that we have generally received from those people who got up and spoke today, and we're not going to get it through this committee as a result. But we can find people who can help us, and they can still testify to the committee, so we can get that input. So is there a motion? COMMISSIONER FIALA: Yes, that's why-- COMMISSIONER HALAS: I make a motion. COMMISSIONER FIALA: -- I have my button on. COMMISSIONER HALAS: Oh, I'm sorry. Go ahead. CHAIRMAN COYLE: Oh, okay, go ahead. COMMISSIONER FIALA: And you're right, with no plan there is no direction. You must have direction. I think our capable staff will be able to guide this through to get the applicants for this, so I make a motion to approve. COMMISSIONER HALAS: I second it. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (N 0 response.) CHAIRMAN COYLE: It passes unanimously. And we are breaking for lunch. We'll be back at 1: 15. Page 102 April 26, 2005 (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Ladies and gentlemen, we're back in seSSIon. As you'll notice, we're a little bit late. The reason for that, the Collier County Commissioners had lunch with high school students today. We're doing their Know Your Government Day. And it's always interesting for all of us, and we were a little bit late getting back, but we are going to start now, and - Item #9C COMMISSIONER HENNING'S REQUEST TO DISCUSS AND IDENTIFY ADDITIONAL FUNDING FOR OFF-SEASON TOURISM ADVERTISING - FIRST MOTION WAS TO ACCEPT OPTION #A: MOTION DENIED; SECOND MOTION TO ACCEPT OPTION #B AND TO BRING BACK ORDINANCE TO AMEND 92-60; THIRD MOTION TO RELEASE $500,000 FROM TDC FUNDS FOR OFF SEASON ADVERTISING FOR 2005 - APPROVED MR. MUDD: Commissioner, earlier you made a decision as a board to do item 9C before you start your Board of Zoning issues, and -- that particular issue. So this is 9C. It's Commissioner Henning's request to discuss and identify additional funding for off-season tourism advertising in the county. CHAIRMAN COYLE: Okay, great. And Commissioner Henning. COMMISSIONER HENNING: Commissioners, this is not an Page 103 April 26, 2005 old issue, but it is a new item, still recognizing and have a lot of concern about our summer tourism. After all the storms that we had last year, knowing that the groups are not going to flock to Southwest Florida like they have in the past, that will affect all the different categories of the tourism development tax, including our beaches, museums, and promotion, besides the fact that it will affect a certain sector of our community, it will affect the taxpayers of Collier County. So I am bringing back two different items. Option A, direct the county manager to allocate a half a million dollars to the general fund for additional off-season promotion. Option B is to amend the tourist tax ordinance to allocate $500,000 of encumbered funds from category A and C and transfer it into category B for additional advertising needs. I know that when we last talked about this issue, there were concerns about allocation of beach access money in Collier County. I forgot at that time to mention to the board over the past two years that we have allocated two million dollars for beach and park access in Collier County, and it was this board who stepped up and made that change two years ago. So with that, Mr. Chairman, I'd like for -- to ask our colleagues to have some discussion on option A and B and take a vote to give certain direction to our staff. CHAIRMAN COYLE: Okay. We have seven speakers? MS. FILSON: Eight. CHAIRMAN COYLE: Eight public speakers. Commissioners, would you like to hear the public speakers first? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Why don't we call the public speakers first. MS. FILSON: Okay. And is it going to be three or five? CHAIRMAN COYLE: Three minutes. Page 104 April 26, 2005 MS. FILSON: Tom While. MR. WERT: I think he had to leave. MS. FILSON: Ron Pennington. CHAIRMAN COYLE: And we'll ask that you hold your comments to three minutes, please. MS. FILSON: And Mr. Pennington will be followed by Doug Finlay. MR. PENNINGTON: Good afternoon, Commissioners. I'm Ron Pennington, chairman of the Coastal Advisory Committee. Once again I'm before you to urge that you do not amend the tourist tax ordinance to allow diversion of funds from those required for maintenance of our beaches and inlets. I'm here once again, many times over these years, defending what the voters granted us to serve our beaches. The CAC has advised you of our strong opposition from any diversion of category A funds. The tourist tax ordinance as approved by the voters 12 and a half years ago has withstood the test of time. The proposed change to the ordinance is counter to the intent of the voting public, and if submitted for their consideration, would most surely be rejected. The original two percent tax approved by the voters provided 25 percent for marketing and advertising with another 15 percent for projects or activities to promote tourism. The marketing and advertising is almost the same percentage now; 23.266 percent of the first two percent tax. In 1992, when enacted, the tax projection was three and a half million dollars annually, providing $876,000 for tourism marketing and advertising. This, a record year, received 6.67 million from the first two percent, yielding a record 1.55 million for tourism. You're being asked to provide an amount equal to an additional one third of this annual allocation for additional tourism advertising by taking it away Page 105 April 26, 2005 from our beaches, primarily, and secondarily, our museums. This will be money lost to our beach programs. To recoup the $500,000 from the tourist tax would require an additional $16 and two-thirds million in short-term rentals in the summer. This -- that 16 point two-thirds million at a guesstimated $125 per night would be an additional 133,333 room nights. Hardly realistic. I would add, advertising in Chicago and New York areas, as has been proposed, and expecting those people to come to South Florida in July and August, is also not realistic. If you, our trusted Board of County Commissioners, and the hoteliers believe more money should be spent to attract more tourists, then I, again, submit it should come from the industry by imposition of the fourth percent tourist tax. That could be used solely for advertising and marketing. I'm hopeful the majority of this board will agree the ordinance should not be changed. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Doug Finlay. He'll be followed by Ron Albeit. MR. FINLAY: My name's Doug Finlay. Just here as a taxpayer. Like many people, one of the many reasons I moved to Naples was the beach. Another reason was the fact that our county had in place a local funding source to replenish the beaches, something Jacksonville, Florida, did not have. Since moving here, that funding source has been under constant threat of being raided by the hotel industry for extra advertising. Not succeeding thus far, there's now a proposal before you to take 500,000 from the general fund for extra hotel advertising. As you hear of the argument for this funding, there are a couple of points I would like to make. Unemployment. The unemployment rate in this county is the lowest in the State of Florida. Finding ajob that can compete with the Page 106 April 26, 2005 salaries and benefits of most hotelier jobs is not a problem here. Unemployment is virtually a non-issue in this county. Loss of revenue. After last year's hurricane threats, many people throughout our area and many areas of Florida we thought would suffer a loss of demand in this area. National news even showed a few people leaving the State of Florida for good. Well, as we all know, the exodus did not happen. In fact, based on real estate market and growth projections, more people want to buy in Naples and even Punta Gorda than ever before. Any perceived loss of hotel revenue would prove to be a false one. People and tourists still want to come here. An attempt to take 500,000 from our county's general fund to assist hotels like the Ritz-Carlton, the Registry, and the Marriott is an improper use of taxpayer funds. We certainly know that with all the growth, our sheriff could use more money. It's quite popular in the reading of the paper this year. We could also use the money to keep swimming park pools open 12 months a year or we could use it to run shuttles to our county beach parks or any number of other things for better county services and infrastructure. The general fund is largely supported by property taxes. To set the precedent of taking property taxes to help hotels like the Ritz-Carlton is something few voters would approve of. Ironically if the hotels wanted more advertising money, they could get it. All they need to do is add an additional one percent onto their tourist room billings, but as far as I know they've resisted this. They would rather get the money from out of the beach fund, or now from my property taxes. I don't want the Ritz-Carlton, the Registry, or the Marriott or any hotel using my property taxes for their direct benefit. I read that fast to get it done in three minutes. Thank you. CHAIRMAN COYLE: Thank you, Mr. Finlay. Page 107 April 26, 2005 MS. FILSON: The next speaker is Ron Albeit. CHAIRMAN COYLE: Albeit. MS. FILSON: Albeit. (N 0 response.) MS. FILSON: Ed Staros. MR. WERT: I believe he had to leave. MS. FILSON: Samantha -- Samantha Todd. She'll be followed by Scott Shoenberger. MS. TODD: Good afternoon. My name, for the record, is Samantha Todd. I'm here representing Greater Naples Chamber of Commerce. We applaud you, Commissioners, for your tabling the discussion this afternoon. Whether you decide option A or option B, we would support you in your discussions and we support Jack in all his effort. I think the point the gentleman before me was making is valid in some senses but in others, we need to look at summer trade. We have had a good winter season, but the hotels have already seen a drop-off in trade. And many of our members, 80 percent of our Chamber membership is made up of hotels and industries such as the hospitality industry. We've already seen a drop-off of employment. Group travel over the summer season is already -- bookings are down, and we need to encourage that kind of business here for the summer. So on behalf of the Greater Naples Chamber of Commerce, we would like to support your discussions in this matter and Jack's efforts. Thank you. CHAIRMAN COYLE: Thank you, Samantha. MS. FILSON: Scott Shoenberger. He'll be followed by Debra Newman. MR. SHOENBERGER: Good afternoon, County Commissioners. My name is Scott Shoenberger, for the record. I'm Page 108 April 26, 2005 the managing director of La Playa Beach and Golf Resort, which is part of the Ritz-Carlton, Marriott group, I guess, the hoteliers. I think we need to clarify a few things here to begin with, and a question keeps running through my mind, what came first, the chicken or the egg, through this whole process. Sitting through these various meetings that I've been -- unfortunate to hear all the banter back and forth, the conversation, dialogue, or debate, and we continually hear things like, beaches sell themselves, that there's a necessity for greater marketing that come through additional tax dollars. I'd like to say, first of all, that beaches do not sell themselves. If that was the case, then we certainly would all be in much better circumstances today and we wouldn't need a CVB. Secondly, the CVB does more than service the hoteliers here in Collier County. They serve the greater community as it relates to all industries, as it relates to visitors, tourists, et cetera, not specifically grouped. Third, our marketing dollars that we appropriate from our hotel focus on La Playa. We do not go out and market Naples as a destination. Our objective is not to go out and sell for our competitors. I feel very confident, although our group business is down significantly -- and I think that everyone had heard that pretty consistently through the last six or eight or 10 weeks that we've been having these conversations -- and ours are down as well, and I cannot speak for Ed or Ron or for the rest of the group. But what I will tell you is that we feel very confident that we will find a way, in some way, to fill our guest rooms. We will do that, and we will do that at the expense of other smaller operations here that, in all honesty, don't just employ, you know, various people, but they're also locally-owned businesses. I can feel very confident in that. We will do what we need to do to maintain the infrastructure of our hotel, and I think Ed and Ron Page 109 April 26, 2005 would say the same, maybe not the degree that we did last year. Another thing to take into consideration is that our competitors in Lee County are coming back in line. Those properties are getting prepared to re-open right now through next year, and they will aggressively, as a county and as hoteliers, go out there to promote their destination and their hotels. A fourth cent as it relates to taxation. The original way that I understand the bed tax was set up was 60 percent for beach restoration, 40 percent for marketing. Well, we've tried that experiment, added another cent, and what we've seen is the marketing dollars have been depleted as it relates to the total. Let's not skew that as it relates to the original 2 percent. Let's look at the full 3 percent spent. And the reason that we are against adding a fourth cent is that what that does is takes us directly out of competition as it relates to state association business that comes in for the summer from the State of Florida. They will not pay a 10 percent bed tax. They won't do it. Finally is that if we are not attempting to do anything as it relates to the summer to make a profit, ultimately what we've got to look as is a reallocation of these dollars as it relates to what the original intention was. And understand that really the museums should go back to the general fund. The museums were not part of the original fund. So I thank you, and -- thank you for your attention. CHAIRMAN COYLE: Thank you very much. MS. FILSON: Your final speaker is Debra Newman. MS. NEWMAN: Good afternoon. I'm Debra Newman, and I'm executive director of 5th Avenue South Association, and I represent the merchants on 5th Avenue as well as the businesses and other organizations that have an interest in downtown Naples. We definitely applaud the CVB and their efforts in the last two years. We have definitely reaped the benefits of what they've been able to do to offset the tourism that we see, you know, from season to Page 110 April 26, 2005 the summer, and our summers' been much busier. I understand that last year we did have a surplus with the bed tax because of people coming here during the hurricane, and I know that Jack and his staff and myself participating on the state level with the main streets as well as the national organizations, there is a sense that there is problems down in this area, and there may be, and we see that there is less bookings and such coming into the summer season. So I believe that we really, as a commission, that you really should look at allocating some funds this year to be able to offset some of the problems that we might experience. Because what we're looking at with the merchants is we want to keep customer service levels high not only for our tourists but also for our residents. I think our residents do enjoy a level of service, and what happens in the summertime if we don't get the patronage, is many of our businesses have to layoff staff, then they start all over. So in order to keep our year-round residents employed happily, I think it's important that we support the CVB. I believe they're the experts in their field, and they wouldn't be asking for this if it wasn't necessary. Thank you. MS. FILSON: That was your final speaker. CHAIRMAN COYLE: Last speaker, okay. Commissioners? Commissioner Henning? COMMISSIONER HENNING: You know, I -- you know, the historical perspective of the tourist tax -- and I don't know if this really needs to be said, but it was a 60/40 split; 60 for the beaches, 40 for promotion. Now the promotion is 16 percent. I mean, numbers and percentages we can always skew, but it doesn't do us any good. General fund money is not just property taxes. It is also shared sales tax revenue that comes into Collier County from the State of Florida. It has been noted today that there are billions of dollars coming into the State of Florida from tourism. We do -- I think the tourists do pay more than their fair share, Page 111 April 26, 2005 recognizing that the potential of losses of funding for the summer, I want to continue for the tourists to pay more than their fair share by promotion and keep the employment of that certain sector up. So A or B, I don't have a preference. It's whatever the majority of the commissioners want to do. I think we need to address this issue and not stick our head in the sand. CHAIRMAN COYLE: Then -- let's get a procedural issue then out of the way since we have two choices here. The option B will require a modification of the ordinance. MR. MUDD: Yes. CHAIRMAN COYLE: David, okay? You following me. MR. WEIGEL: I am. We're preparing. CHAIRMAN COYLE: The issue of the modification of the ordinance was solved at our last meeting, and that motion failed. Now, this item cannot be brought back to this meeting by Commissioner Henning. MR. WEIGEL: Well, the reconsideration of a prior matter, yes, is governed by the reconsideration ordinance. If proposition -- the option B here is distinguished from what the board voted upon previously, then it falls outside of reconsideration. I believe that Mr. Henning is indicating there is a distinction to be made from the prior votes of the board, if I understand him correctly. CHAIRMAN COYLE: Well, I -- I really don't have a problem doing this except for one thing, it sets a precedent that we have to be very careful about. Changing the dollar value is not really changing the motion. The motion was to change the ordinance, and that issue -- that motion failed. MR. WEIGEL: Yeah. CHAIRMAN COYLE: And merely changing the amount of money to be allocated from 700,000 to 500,000, in my estimation, is not a material change in the motion. So my real question is, I'm not interested in even trying to block Page 112 April 26, 2005 a debate on this issue. What I'm interested in doing is making sure that there is good sufficient legal reason to do this this way without setting a precedent that is going to cause us difficulty in the future. MR. WEIGEL: Okay. Well, I understand the question. I don't think the reconsideration ordinance is talking about subj ect matter blockage, if you want to call it that. And I think that even at the prior meeting commissioners then and -- there and voting could have brought additional incremental variations if they'd chosen to do so, and I think that this is no different in the sense that there -- if there is a distinction to be made substantively in dollars or some other factual distinction, I would be, I'd tell you, hard-pressed to say to a commissioner or this commission you cannot revisit the matter again. But the exact matter voted on before with precision, I think, runs into a block with our reconsideration ordinance. So to the extent that there is a distinction being made here today, it's subject to the entertainment of discussion and motion, which may or may not receive second, mayor may not ultimately be adopted with second. But I can't say that it's -- what I've heard so far that -- it's a matter that cannot be discussed. And I believe option B is distinguished from __ a bit from the agenda item that was up before. And I have the agenda item from before, and I reviewed it -- you know, am reviewing it closely just for this kind of question. And as phrased, I think there is a distinction. CHAIRMAN COYLE: Okay. And just the last question, please tell me what that distinction is. MR. WEIGEL: Okay. The distinction is -- Heidi, you want to stand here? The distinction is -- MS. ASHTON: What went forward on April 12th, agenda item 8A, was a combination of amendments that included the museums, whether they be public or private, the amount of allocations, whether Page 113 April 26, 2005 that be, you know, increased or decreased, whether it's public or private, and it also addressed using surplus funds that were not previously budgeted in the previous budget year to be used for advertising. That was the third issue. An amount was not, you know, specified in the ordinance. It was intended that that would come back at a future date to determine the amount. I'm not clear on the uncommitted funds, what's being requested, whether or not they're seeking reserves from other categories or whether it's seeking solely the surplus funds. I think Mr. Weigel's suggesting to you today that the proposal, having so many elements last time and being changed this time in capping the amount and also not clear whether you're talking about surplus funds or reserved funds, that there's a significant enough distinction that you could go forward today if you desire. CHAIRMAN COYLE: Okay. Then I don't -- I disagree with you, but I don't have any problem hearing the issue, okay. The issue was actually broken into two motions, and one motion was specifically for the change modification of an ordinance and did not speak to any of the other issues. But nevertheless, I just want to make sure we're not getting ourselves in trouble with respect to future issues similar to this. So we've got two options, A or B. Commissioner Henning has explained them to us. Commissioner Fiala? COMMISSIONER FIALA: Yes. Being that we're not even voting on an ordinance and we're voting for different pots of money, if you will, I'd like to make a motion that we use option A, $500,000 from the general fund reserves to promote -- to apply to tourism promotion for this summer on a one-year basis only. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I have concerns with that, Page 114 April 26, 2005 to be honest with you, from the general fund. If we're going to do that, I would just as soon wait till we go through our list of unfunded priorities so we could stack it all up against anything else. COMMISSIONER FIALA: May I tell you why I said that though? Commissioner Henning, when he was explaining, did explain __ and I thought this was very well done -- that tourism tax dollars are going in there, tourism sales tax dollars, and I would much prefer to see our museums and beaches continue to be funded with all the surplus, and I'd rather see it taken out of tourist tax dollars in whatever form it is, even if it's sales tax. COMMISSIONER COLETTA: We're talking about a surplus that's in there over and above what's needed to do the museums, and tourist taxes -- I think that's where it should come from, and I agreed before to do that, and I would agree again. But you've got to remember that as far as the sales tax argument goes, every single business out there pays sales tax, and they all -- they're not here today to be able to fight for their end of the whole thing. So it's kind of hard to balance something against it. Tourism dollars and tourism tax is directed toward tourism items, and this is about as tourism as you can get. It helps to grow the industry. I could go for option B, but I would have a hard time with option A. CHAIRMAN COYLE: Okay. Well, just to let you know where I am on this thing, I think we need a permanent solution to this business. Rather than having Jack Wert have to come in and fight every year whenever some occurrence or some event occurs which causes a potential downturn in tourism during the off-season, we need to have a permanent solution to this to create a reserve for this particular purpose, as we have in the past. And if I remember correctly, we do have a reserve for this sort of thing right now. It's nowhere near $500,000, but it's somewhere in the range of $200,000, if I remember, or is it 300,000? All right. So there's $300,000 sitting there right now which we could direct Page 115 April 26, 2005 that they use without changing anything. Now, the question is whether or not that would be enough. I suspect the argument would be, no, it won't be. But we need to work on a permanent solution, and I don't think we've even approached that yet, and we're talking about Band-Aids for something we don't even know is going to happen. And I'd like to see us direct staff to give us some alternatives about a long-term permanent solution to this particular problem so that the allocation of money will not be a major issue of argument in the future. Commissioner Henning? COMMISSIONER HENNING: And I understand, Commissioner Coyle, yesterday, that the Tourist Development Council recommended an extra penny for promotion only. CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: But I can tell you, that's not going to resolve the issue of this summer. CHAIRMAN COYLE: It will not. COMMISSIONER HENNING: And I can tell you that we have to depend on certain people's input, our staffs input, public's input, and they're telling us that we're going to have a problem this summer. So if we -- my feeling is, if we ignore the industry, how are we going to get the industry to support an extra penny for promotion when we've already taken away more and more of their money? I shouldn't say their money, the allocation for promotion. And I don't think that's -- we're not going to get where you ultimately want to get on this issue. I'm going to make a motion to approve option A, direct the county manager to allocate $500,000 from the general fund reserve for additional off-season promotion, and within my motion is direct staff to bring back to amend the ordinance, 92-60, to repay -- amend the ordinance to repay back the general fund $500,000 from category A and C, so that encompasses and protects, I think, some of the concerns Page 116 April 26, 2005 from -- not only the industry, but from some of the commissioners. CHAIRMAN COYLE: I have a question of legal staff as to whether or not that is legally possible. MR. WEIGEL: Okay. First there was a motion made and didn't have a second, so it either needs to be queried if there is a second, and if not, then fails for lack of a second, unless the first motion is withdrawn, and then secondly is to respond to the legal question, if this is appropriate or legally sufficient to utilize different funds to make one fund whole. Can you help me on that? CHAIRMAN COYLE: While you're sorting that out, let me ask Commissioner Henning, was it your intent to link those two motions to get the 500,000 from the general fund and also to have the tourist tax pay that money back? Were those supposed to be linked? COMMISSIONER HENNING: Well, however legally sufficient you can make that happen. CHAIRMAN COYLE: Okay. All right. MS. ASHTON: Well, I think, if I'm understanding what you want to do correctly, that it would essentially be a loan from the general fund which you want to repay with category A and category C funds, which would require an ordinance amendment to be allowed to use that for advertising and promotion. So it would still require a similar ordinance amendment, only the language would be different. CHAIRMAN COYLE: Is it possible to do that, to grant a loan from the general fund that will be ultimately paid back from another fund? That's the key question. MS. ASHTON: Well, the main prohibition is if you're using ad valorem taxes to repay. I'm not aware of a limitation in the tourist development tax ordinance, but I would need to research that prior to the advertisement of the ordinance. CHAIRMAN COYLE: Okay. So we do have to split them apart Page 11 7 April 26, 2005 then, because you're going to have to advertise an ordinance, whereas on Commissioner Henning's first motion on Option A, we can act upon it today; is that correct? MR. WEIGEL: Yes, you could act on that today, you know, separate and apart from the second aspect of paying that fund back. Obviously, you could, if you chose, indicate on the record, that that is an intention. Nothing, of course, happens in that regard until an ordinance is advertised -- amendment is advertised and heard and decided upon by this board at a public hearing, and no one can state ahead of time what the board may do at that particular time. So by taking an action today and committing the $500,000 from the general fund does not guarantee at this point in time that, in fact, it will be repaid, because we don't guarantee ordinances are passed until after they're heard and decided at the appropriate meeting later on. CHAIRMAN COYLE: Okay. Thank you. Commissioner Coletta? COMMISSIONER COLETTA: I think Commissioner Henning might be onto something, if we can tie them together in such a way that it's contingent that the money does end up coming from the tourist development tax fund to be able to replenish the general fund. I kind of question why we're going through this extra step other than the fact to let them know we're serious about doing it. You're still required to do both of them if that's the case. I'm not too sure. Would you explain that to me? COMMISSIONER HENNING: The purpose and intent of my motion is to cover all bases. If -- we all know it takes a supermajority to amend an ordinance. So if that fails again, then it would be covered under the general fund. COMMISSIONER COLETTA: Okay. That's what I thought. I see where you're coming from on that. Why can't we -- why is item B such an objectionable way to go Page 118 April 26, 2005 when we go back through the process and pick up where we left off the last time? We were only lacking one vote. COMMISSIONER HENNING: That's what it takes. COMMISSIONER COLETTA: I'm sorry. I'm just asking questions because I thought you were onto something, but I kind of question whether I want to jeopardize $500,000 of the general fund. COMMISSIONER HENNING: Well, you have over $6 million dollars -- since we settled the issue with the sheriff, you have over $6 million from the general fund that's not being used, and I don't know what you -- what kind of votes that you need to reallocate those funds, whether it's a simple or a supermajority, but-- COMMISSIONER COLETTA: I mean, in all fairness -- MR. MUDD: Simple. COMMISSIONER HENNING: It's a simple majority. COMMISSIONER COLETTA: In all fairness, shouldn't that be part of the UFR list so we take a look at everything? COMMISSIONER HENNING: Commissioner, again, I have real concerns. We need to give Jack some money so he can get rolling with his promotion for the summer trade, which is just right around the corner. CHAIRMAN COYLE: Okay. We have a motion. Is there a second? COMMISSIONER HENNING: You want me to clarify my motion? MR. WEIGEL: There potentially were two motions on the floor, and there can only be one heard and determined first. So why don't you do the first one first, and then after that vote, you may bring up a second. COMMISSIONER FIALA: By the way, I withdraw my other motion. You had asked me to do that, right? MR. WEIGEL: Well, I thought Mr. Henning had made two motions actually. First-- Page 119 April 26, 2005 COMMISSIONER FIALA: Well, he did. I had made one, and then -- so, and you said withdraw that, so Commissioner Henning then made another. COMMISSIONER HENNING: Right. MR. WEIGEL: Okay, yes. Mr. Henning-- COMMISSIONER HENNING: Are you calling the, Mr. Chairman, the motion? CHAIRMAN COYLE: No. You suggested you might clarify, so I would ask you to do that. COMMISSIONER HENNING: Okay. The clarification is, we have two motions, one being that -- take $500,000 from the general fund reserves and allocate it for promotion, and then the second motion would be, or is, amend the tourist ordinance to take $500,000 from A and C to repay back that loan. CHAIRMAN COYLE: Okay. Is there -- COMMISSIONER FIALA: Can I ask a question on that motion? CHAIRMAN COYLE: Sure, please, go ahead. COMMISSIONER FIALA: Okay. On the second portion of the motion -- and I understand there's going to be two -- could we pay that back through excess funds? COMMISSIONER HENNING: You have two unallocated funds within the tourist development. You have reserves and you have unencumbered. COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: So at that time, when the ordinance comes back, I think we can take a look at that. COMMISSIONER FIALA: Okay. So your first motion is to pay the $500,000 now out of the general fund, right? COMMISSIONER HENNING: Right. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning to direct the county manager to allocate Page 120 April 26, 2005 $500,000 from the general fund reserves for additional off-season tourism promotion, a second by Commissioner Fiala. Is there any discussion by -- Commissioner Halas? COMMISSIONER HALAS: Yes. I have some concerns because I think on our UFR list, we have some very important items, and I think that in all fairness these are tax dollars that all the citizens of Collier County pay towards, and I feel that this should be done in a fair way that we address all of the UFRs at one time, so therefore, I cannot go along with this motion. CHAIRMAN COYLE: Okay. Any further discussion by the board members? (No response.) CHAIRMAN COYLE: I'll call the question. All in favor of this motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Those opposed, by like sign. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. So it fails, 3-2, with Coyle, Coletta, and Halas dissenting. MR. WEIGEL: No, that passes 3-2. It passes 3-2 because it's not an ordinance vote, such as amending the TDC -- COMMISSIONER HALAS: No, no. We voted no. It was on the nay side. MR. WEIGEL: Pardon me. Oh, I'm sorry. I thought I heard three on the aye side. CHAIRMAN COYLE: No. You only heard two on the aye side; three on the nay side. MR. WEIGEL: Thank you. CHAIRMAN COYLE: Now, do you want to go to option B now, Commissioner Henning? Page 121 April 26, 2005 COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay. You want to restate that motion? COMMISSIONER HENNING: The motion is to amend the tourist tax ordinance to allocate the $500,000 for beach -- or for tourism -- summer tourism promotion out of category A and C. CHAIRMAN COYLE: Okay. There's a motion to modify the tourist tax ordinance 92-60 to permit $500,000 of uncommitted funds from categories A and C to be transferred to category B for additional advertising needs. Once again, County Attorney, I need some legal guidance here. Is this something where we should provide the staff guidance to bring back to us an amended ordinance so it can be properly advertised? MR. WEIGEL: That is correct. CHAIRMAN COYLE: So the motion would have to be amended then to direct staff to come back to us with an appropriately amended ordinance; is that correct? MR. WEIGEL: That is correct. COMMISSIONER HENNING: That's my motion. CHAIRMAN COYLE: Okay. If that's all right with the motion-maker. Is there a second? COMMISSIONER COLETTA: I'd be willing to second it for discussion purposes. CHAIRMAN COYLE: Okay. There's a second by Commissioner Coletta, and then Commissioner Coletta has a question. COMMISSIONER COLETTA: Yes. Is this basically what we did before when we had the failed vote? I mean, is there anything different in what we just put together? We went through this whole process before. We arrived at a scenario of how it was going to work. Is this the same way? CHAIRMAN COYLE: I would suggest to you that it's the same way except for the amount of money. Page 122 -_._~~.._.. _._~-_.~." April 26, 2005 COMMISSIONER HALAS: Yep. MR. MUDD: I believe the original figure last time was $638,000, if my memory serves my correctly. This is for $500,000. COMMISSIONER COLETTA: Okay. Then my second stands. CHAIRMAN COYLE: Okay. Then we have a motion by Commissioner Henning and a second by Commission Coletta to amend the tourist ordinance as stated. Any further discussion by commissioners? Commissioner Halas? COMMISSIONER HALAS: Does this take a supermajority? CHAIRMAN COYLE: Yes, it does. COMMISSIONER HALAS: Okay. MR. MUDD: No. MR. WEIGEL: Not at this time. CHAIRMAN COYLE: No, no, no, not to direct the staff. MR. MUDD: Direct the staff is a simple majority. When the ordinance comes forward, it has to be supermajority. CHAIRMAN COYLE: Yep, that's it. COMMISSIONER FIALA: I have one more question. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Will this money get to Jack fast enough to do any good? I mean, if it isn't going to do any good because of the procedure we have to go through, then it's kind of silly for us to go through this exercise. MR. WERT: Jack Wert, tourism director, for the record. The process, as I understand it, County Attorney, that right now as we stand we do not have enough time to advertise for the next county commission meeting. So it would -- it would be a month hence, so we would be end of May before that would happen. We're getting pretty late. I really -- I'm already launching advertising now trying to combat the problem, so we're getting later and later. Certainly anything would help, don't misunderstand me, but Page 123 April 26, 2005 it does get pretty late in the process to do that. But certainly we would be appreciative if we could get additional funds. CHAIRMAN COYLE: Could I suggest a compromise, that we provide staff guidance to authorize you to use $300,000 in reserve funds that are available right now to do this? MR. WERT: Actually, what we're talking about are the emergency advertising funds, which is a separate category, and actually I just checked the other day. In that whole fund I believe we have about $800,000. Not -- and I wouldn't want to certainly earmark all of that, because we may need that if we had a storm this summer. But certainly you could say 500,000 from that, the same amount that we're talking about here from that fund, and we would be able to use it right away. CHAIRMAN COYLE: See, that's the question I asked the last time we met, and I got the impression that there wasn't enough money in that -- MR. WERT: There is enough money in that fund to do that. So we could do the like amount, which, frankly, we really do need the 500,000. CHAIRMAN COYLE: And it is earmarked specifically for advertising, or it can be used specifically for advertising? MR. WERT: It is specifically for advertising for emergency purposes. You have to say, this is, in light of the fact that it looks like we have an emergency situation this summer based on last summer's hurricanes. CHAIRMAN COYLE: Based on what the hoteliers are telling us, it sounds like an emergency situation, and it was caused by a catastrophic event last year, I mean, not here, but it affected the tourism here. MR. WERT: Yes, sir, it did. CHAIRMAN COYLE: So it would appear to me to meet the definition of emergency expenditure, David? What do you think? Page 124 April 26, 2005 MR. WEIGEL: I think so. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Where are these funds going to fall out of the sky from? What funds are we talking about here? MR. MUDD: In the TDC funds you have an emergency advertising pot of money, okay, in case we have a hurricane, we get hit, you basically have to tell the folks that want to come here that our beaches are cleaned up, we're okay, you can come here, because they will see the hurricane come, and then all of a sudden there's a void with folks showing up. So that money's set aside to recover from that hurricane. COMMISSIONER HALAS: My question is, I hear all this rhetoric out there that people aren't coming, but we really don't know that. And we've had these -- some of these hoteliers that spent large sums of money and they still haven't gotten anything. So I can't see where -- we're throwing $300,000 out there, that we're going to accomplish anything better than what the hoteliers, who have an advertising budget -- and they also have a lot of people that are involved because these are chain hotels. I've got a real concern about this in regards -- and we're only looking at -- I don't see the hotels or the motels that are inland that are jumping up and down saying they've got a problem. All I hear is the people that are on the beaches that have the biggest problem. COMMISSIONER HENNING: Commissioner, if they felt that they had voices on the Board of Commissioners, I think they would communicate with you, and they communicate with me all the time. COMMISSIONER HALAS: I think they've always got the voice on the -- COMMISSIONER HENNING: I hear from them all the time. I talk to quite a few inland establishments. MR. WERT: Mr. Chairman, if I could just make one comment related to Commissioner Halas' question about the other hotels. And Page 125 April 26, 2005 Scott Shoenberger from La Playa, and I think in his remarks, indicated __ and this is true. His property, the Ritz, the Registry Resort, they advertise their own property. They don't really advertise the destination. Our advertising on the other hand, is all destination oriented, and what that helps are all of the -- you mentioned the inland properties. It certainly does that. All the small and medium-sized properties that don't have an ad budget rely specifically on our advertising because we're advertising the destination. That's what's going to bring them business this summer. When I advertise, stay four nights and get the -- stay three nights, get the fourth night free and those hotels are participating in that program, they are the direct benefactors of our advertising. And the big hotels, they don't do that. They simply advertise their property as a destination. COMMISSIONER HALAS: But they either have Marco Island or Naples, Florida. MR. WERT: Oh, sure -- COMMISSIONER HALAS: Well. MR. WERT: -- they do, but they aren't talking about the amenities outside of their hotel is what I'm getting at. They aren't going to talk about the museums, they aren't going to talk about the Everglades. They aren't going to talk about all the other -- the shopping, the dining that we have in this community that really makes us a destination far and above many others. It's not just our beaches. It's not just our hotels. It's all of those together. CHAIRMAN COYLE: But Jack, here's the problem. You don't know if there's going to be a shortfall this summer. It maybe won't be as good as last summer because you don't have people rushing here from other areas that were devastated by hurricanes. But this additional advertising program was originally a pitch to Page 126 April 26, 2005 us as a program that was necessary to convince potential visitors that we had not been destroyed by the hurricanes last year, that this was still a good place to come. It wasn't to advertise the destination. It was to advertise that the destination is still alive and functioning and well. And our concern, at least the concern of some of the commissioners, has been that millions of dollars have been poured into advertising by hotels in the Naples area assuring people that those hotels still exist, that they're still in good shape, that they're ready to receive visitors all year round and that the expenditure of 3- or 4- or $500,000 is not going to make a bit of difference one way or the other. And that has been what is at the bottom of this -- of at least my reluctance to just throw money at this problem and not understand exactly what we're going to solve as a result of it. But when we get into that argument, we get back into a circular argument that says, oh, but we're not really advertising the destination, you know, or we are advertising the destination, whereas, the others are advertising hotel. It's all very confusing, and quite frankly, mostly a lot of conjecture. But I would recognize your superior knowledge with respect to these issues over mine, and I have no problem providing you some emergency funds out of your emergency fund reserve if that's what it's there for. It won't deprive anybody else of any money. The beaches will get the same amount of money, the museums will get the same amount of money. But the last -- the last presentation you made to us showed that your expenditure of $639,000 or so would not generate enough tourist tax to replace the expenditures. So we -- and I understand the impact on sales tax would be very positive, okay, but there would not be any -- a complete payback of the tourist tax revenue, which leaves the tourist tax funds short of where they were before, and that's a little troublesome, because you've got to replenish your reserve somehow. Page 127 April 26, 2005 So in any event, we do have a motion on the board (sic) by Commissioner Henning to modify this ordinance. We have not taken a vote on it yet, or did we? MS. FILSON: No, you got a second. COMMISSIONER HENNING: There was a second. CHAIRMAN COYLE: We did have a second. Commissioner Coletta seconded it for discussion purposes only, but I presume your second is still good? COMMISSIONER COLETTA: Yes, but I'm sorry. And I hate to keep adding to this process. I am concerned about the time delay we're going to have. A couple questions I've got. How many people would it take to approve releasing part of that emergency fund for -- to be able to implement the program until May when we can vote on this ordinance? MR. WERT: Simple majority, three. COMMISSIONER COLETTA: How many? MR. MUDD: Simple majority. COMMISSIONER COLETTA: Three votes. Okay. Then I would like to see it added to the motion that we -- well, no that would be a separate motion. No, it still takes three votes. It would be the same thing. Could we add to the motion the fact that we would allow a portion of the reserves to be able to be used in the interim, or would that be -- CHAIRMAN COYLE: Can I make a suggestion? COMMISSIONER COLETTA: Please, I'm looking for it. CHAIRMAN COYLE: I think you stand a better chance of getting something approved if you split them apart. If you lose on option B, that is changing the tax ordinance, you would also lose on use of these things. So if you split them apart and had two different motions, you have a better chance of winning. COMMISSIONER COLETTA: I see what you're saying. In other words, if the motion goes through for 500 -- Page 128 April 26, 2005 CHAIRMAN COYLE: Yeah, COMMISSIONER COLETTA: -- send it back, bring it back to the commission, which is -- okay, fine. I agree with you. You're right, Commissioner Coyle. CHAIRMAN COYLE: So we'll vote on Commissioner Henning's motion, but he has a question or a comment he wants to make. COMMISSIONER HENNING: I'm sure that we can -- and we should discuss that, the issue about using emergency promotional funds, but it's going to bring up a whole different discussion. COMMISSIONER COLETTA: That's true. COMMISSIONER HENNING: And I think it's probably worthy of that, of having it advertised so that the public can come and talk about it, but -- CHAIRMAN COYLE: Okay. Then I'll call the motion that is on the floor. COMMISSIONER FIALA: Well, I have one more fast question. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: So if we approve this motion, it will take us longer to get the dollars, whereas, if we would approve a motion to come out of reserve -- or out of emergency funds, we would have those funds immediately? MR. WERT: That's correct. COMMISSIONER FIALA: Okay. MR. MUDD: So the motion on the floor is to direct staff to come back with changes to the tourism ordinance in categories A and C in order to make -- or to have $500,000 in order to advertise this summer one time only. CHAIRMAN COYLE: That is correct. Now, all in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 129 April 26, 2005 CHAIRMAN COYLE: Okay. All opposed, by like sign. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: So it fails, 3-2. COMMISSIONER HENNING: Now we're getting worse, Jack. Actually, we were 3-2 before, now we're 2-3, and-- CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I'm not -- I don't have any other motions. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Then I'll make a motion. COMMISSIONER HENNING: And I can tell you that -- really chancy if you're using emergency funds. COMMISSIONER FIALA: Why? COMMISSIONER HENNING: We can have that discussion when it comes up, but I think you'll have a lot of people from the industry talking about that. CHAIRMAN COYLE: Commissioner Coletta has a comment or a motion. COMMISSIONER COLETTA: Well, first a question to Mr. Weigel, if I may. You see where we're heading with all this, Mr. Weigel. MR. WEIGEL: I do. COMMISSIONER COLETTA: Is this a possibility that a motion could be made to release emergency funds to be able to make this program somewhat viable? Could it be done at this meeting, or is it something that has to be advertised for a future meeting? MR. WEIGEL: No, it can be done at this meeting. And again, part of the motion -- discussion and motion in pulling it from emergency allocation, emergency reserve, should be a finding of the board in the motion that an emergency, in fact, does exist, and that it's Page 130 April 26, 2005 in the public benefit to do such action as you're contemplating. COMMISSIONER COLETTA: Okay. Then at this time I'd like to make a motion that it is in the public's best interest and that it's recognized as an emergency to the economy of Collier County, that we release from the emergency funds -- now, before I go any farther, the amount's the question. We only got six hundred some thousand dollars in there. MR. WERT: About 800 now. COMMISSIONER COLETTA: How much? MR. WERT: About 800,000 right now, yes. COMMISSIONER COLETTA: Eight hundred, okay. Tell me if I'm wrong on this. If we were to release up front something like about 250, and then come back at another meeting shortly down the road when we get a chance to evaluate any other options that we have and ask for another 250, would this all work in helping to keep the program moving forward? MR. WERT: Yes. And let me just defer quickly to my ad agency. We could phase in that buy? Okay . Yes, that would work, sir. COMMISSIONER COLETTA: So then I make the motion for $250,000 to be removed from the emergency funds for the summer advertising program. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Commissioner Henning has a question. COMMISSIONER HENNING: No, I have a comment. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Why don't we wait to bring this up till the next meeting, because we already had the public speaking, and like I said, this brings up a whole set of other issues with taking Page 131 April 26, 2005 from the emergency funds? COMMISSIONER COLETTA: And I understand your concerns. Let me ask Jack that question. Jack, what would the difference of two weeks mean? Would it be something that would raise great difficulty? I mean, we were talking about a way of trying to come up with a way to kick -start this program now. Would two weeks throw it off quite a bit? MR. WERT: Two weeks would not be as effective as it will be now. But yes, we could wait two weeks. COMMISSIONER COLETTA: Okay. Then my motion stays as it is. If the chair wishes to call people back for further comments, I'm willing to sit here and listen. CHAIRMAN COYLE: Is there a second? COMMISSIONER FIALA: Yes, I seconded. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: And I'd love to hear what Commissioner Henning's concerns are, because I must not be understanding them. COMMISSIONER HENNING: Well, the emergency advertising, like Jack said, we used it in 2001 because of the -- MR. WERT: We did, after 9/11. COMMISSIONER HENNING: -- 9/11, and, you know, in case of a hurricane or multiple hurricanes, that's what the anticipation was. MR. WERT: Right. COMMISSIONER HENNING: The -- and I don't know if you had really -- time to really study this issue and make recommendations, and that's why I think it's worthy of bringing back for consideration at a further meeting. And we had several people from the industry here. They went about their business, and we have some folks here that had some input but now they don't -- this is something brand new and we can't get their input or -- well, I guess that's up to the chair whether he wants further input. Page 132 April 26, 2005 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If I may suggest, I assure you that if we had something happen to our -- to our area, a devastating hurricane, and if we couldn't generate extra funds someplace, we would either manipulate the available funds that are in the tourist development account or we would go to the general fund as we were just trying to do a few minutes ago. I'm sure that the members of this commission would be more than sympathetic to the needs of the industry if such a devastating event ever befell us. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Jack, do you think that would be a problem with the industry? MR. WERT: To spend the emergency funds now? COMMISSIONER FIALA: Yes. MR. WERT: No, I don't think so, because I agree with Commissioner Coletta, I'm sure that we would find a way if we had a maj or problem to find it. And I might say, one of the other times that we used those emergency funds was right after Charley where there was a decided misinformation campaign out there that we had as much damage as our neighbors did, so we used a little bit of that, and we used it on the CNN headline news and some other places. It did make a difference. It did keep our occupancy up right after the hurricane. So I think -- COMMISSIONER COLETTA: With the chair's indulgence, if I may. After listening to what I just heard and the fact that $250,000 isn't going to do it, and the only reason I was bringing it back in two increments was to have more input from the public, since that input from the public is not going to be meaningful, I would like, with the chair's permission, to amend my motion to the full 500, 500 million (sic) -- 500,000. MR. WERT: I'll take it, I'll take it. COMMISSIONER COLETTA: $500,000. Page 133 April 26, 2005 CHAIRMAN COYLE: The motion is to authorize you to take $500,000 from the emergency reserve funds -- COMMISSIONER FIALA: And my second stands. CHAIRMAN COYLE: -- for advertising. And Commissioner Fiala's second stands. Okay. Any other further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed, by like sign. Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: It passes, 3-2, with Commissioners Halas and Coyle dissenting. MR. WERT: Thank you, sir. Thank you, Commissioners. Item #7 A RESOLUTION 2005-175: CU-2004-AR-5746 THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND REPRESENTED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, REQUESTING CONDITIONAL USE #1 OF THE "A" RURAL AGRICULTURAL DISTRICT FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL IN CONJUNCTION WITH THE PERMITTED USE OF ACQUACULTURE. THE PROPERTY IS LOCATED APPROXIMATELY TWO MILES SOUTH OF I-75 AND ONE MILE EAST OF EVERGLADES BOULEVARD, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, Page 134 April 26, 2005 FLORIDA~ AND CONSISTS OF 160 +/- ACRES - ADOPTED MR. MUDD: Commissioner, that brings us to item 7 A, and this is the chapter on Board of Zoning Appeals. 7 A is, this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2004-AR-5746, Jesse 1. Hardy, represented by Richard H. Thompson, P.E., requesting conditional use number one of the "A" rural agricultural district, and I'm going to make sure I'm -- I'm going to go back to what it said today on this continual use and our change sheet. The board of trustees of the Internal Improvement Trust Fund represented by the Florida Department of Environmental Protection requesting conditional use number one of the "A" rural agricultural district for off-site removal of earthen material in conjunction with the permitted use of agricultural (sic). The property -- aquaculture, excuse me. The property is located approximately two miles south of I -75 and one mile east of Everglades Boulevard in Section 16, Township 50 south, Range 28 east, Collier County, Florida, consisting of 160 plus or minus acres. And Mr. Mike Bose will present from the community development's environmental services planning staff. (Mr. Bose was duly sworn.) CHAIRMAN COYLE: Okay. Do we need to get ex parte disclosure from commissioners? MS. FILSON: Yes. MR. WEIGEL: Yes. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I've had meetings, I've had correspondence, and I've had a lot of e-mails, and I also had some calls, and I've also talked to staff on this. Page 135 April 26, 2005 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. My history with this goes way, way back. Numerous meetings, correspondence, e-mails, and calls, talked to staff, talked to the petitioner, talked to every one of his attorneys going back in ancient history, all the environmentalists, and everyone else in between. CHAIRMAN COYLE: I've had correspondence, e-mails, and telephone calls from people on both sides of this issue. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had telephone calls, e-mails, I've had visits both in my Naples office and also on my Marco Island office -- or in my Marco Island office. I've also gone out to see the property personally. CHAIRMAN COYLE: Oh, I'm sorry, Commissioner Henning. Go ahead. COMMISSIONER FIALA: Oh, you. COMMISSIONER HENNING: Yep, oh, you; hey, you, yep. I've had e-mails, letters, and some propaganda, and it's all in my file. CHAIRMAN COYLE: Okay. MR. BOSI: Afternoon, Commissioners. Mike Bosi, Zoning and Land Development Review. Just a point of clarification. I am representing the county staff within this petition. With the absence of the Department of Environmental Protection's presence here today, I'm just going to give a brief overview of the petition and the change in circumstances of the petition for the commissioners to make a motion upon it. As Assistant County Manager Ochs read into the record this morning and County Manager Mudd just recently read into -- the title change, basically, it's a reflection of the changing circumstances of ownership related to the property in the petition. On April 12th, the former property owner, Jesse Hardy, Aggrisource, the company that was -- that was operating -- or Page 136 April 26, 2005 managing the excavation and the hauling on of the material on site, settled -- signed a stipulated order of taking and final judgment with the State of Florida. Within that stipulated order of taking and final judgment, there was an addendum to the mediate the settlement agreement. I believe that was included within your novice agenda packet. Basically we have revised a resolution and revised a condition of approval to basically mirror the guidelines in the path that the State of Florida has set before us. On the -- on the overhead -- I guess I will try to increase the zoom on this. But basically on the -- the conditions of approval, I've basically narrowed them down to four. The first one just is a general meaning that there could be basic minor changes to the conditional use at the discretion of the CDS administrator. But really the second, third, and fourth are points that reiterate the settlement agreement that the state has reached with -- with the defendant in the settlement agreement. And the second point states that the term of this conditional use approval shall be for the limited purpose of hauling off-site the stockpiled material already excavated on the property above the ground and shall expire no later than November 30th of2005. The third point of the conditions of approval are that there should be -- no mining or excavation shall be permitted on site. When the state took over the property, the second point of the settlement agreement basically stated that no further excavation could happen on site. And the fourth cite really relates to the excavation material. It states that from a certain -- from 60 days from the date of approval, that Aggrisource, the company in charge of the hauling and the excavation, has to remove all mater -- all equipment related to excavation. And the only equipment that can be on is for the limited purpose of the off-site hauling. Page 137 "---~"'>'_. ~.>..._-",._,-"-,-,.._---- April 26, 2005 With that, the -- with that, the resolution and the conditions of approval have been modified basically to mirror what the state wants to have within this property. And as we all know this -- this is a program that's part of a federal initiative for the comprehensive restoration of the Everglades. And with that, I'd be happy to answer any questions. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Do we really think that even though the state owns this property, that Mr. Hardy will abide by number three, and that says, no mining or excavating shall be permitted? When I look at the -- some of the violations that took place on this property since it was approved March 13th, 2001, do you really think that this person is going to adhere to those regulations? MR. BOSI: Commissioner, it's not of my opinion to think. I believe it's mandated by the terms of this agreement that they must discontinue excavations. COMMISSIONER HALAS: Well, there were cases in point where Mr. Hardy never acquired anything from the Army Corps of Engineers nor the Southwest Florida management area -- Southwest Florida water -- management in regards to excavating in wetlands. He also violated other things. And I know that he doesn't own this property anymore, but he's going to live on it till November. So I'm wondering how we're -- how the state or anybody is going to take care of this. In fact, in the process of all this thing, the County of Collier was buying rock from this man. MR. BOSI: And I can't dispute any of those facts that were stated. COMMISSIONER HALAS: And nobody did anything about it until all of a sudden it came to light that, oh, maybe this guy is in violation, but it's been going on for two thousand (sic) -- I'm wondering if we're going to be able to make sure that this person does Page 138 April 26, 2005 not do any further mining or excavating at this point in time. MR. BOSI: Commissioner Halas, I will say CDS and the code enforcement division had issued a notice of violation and was scheduled to bring this before the Code Enforcement Board, but then with the transfer of ownership, they decided not to further pursue the case. And the issues related to whether or not the excavation material related to an agricultural activity and the rights in the Right To Farm Act provided for that caused a, I believe, a sense of confusion amongst the state agencies as to whether or not -- where the rules applied. Those are, to me, the way the staff looks at it, in-the-past issues. What we're looking at is basically how the state would like us to proceed as a county based upon the stipulated agreement. COMMISSIONER HALAS: I understand exactly what you're saying. But under the stipulation of number three, I'm wondering how the state or anybody else is going to put -- be able to control this since -- the fact that this was going on since 2001. MR. BOSI: And I guess the only thing I could say is, maybe an additional condition of approval to direct code enforcement to have regular visits to the site to ensure that no further excavations are taking place at the site. CHAIRMAN COYLE: The problem with that is that fines go to the owner of the land, which is the state, so it creates some very difficult problems. And I think Commissioner Halas is right, what teeth do we have to make sure these terms are in force? And I want you to be thinking about that because Commissioner Henning has some questions, and then we have three speakers, so maybe we'll get to the answer. But Commissioner Henning, go ahead. COMMISSIONER HENNING: Well, one thing -- a condition you put on there is, is just to make sure he has loader on site to load the trucks, and not any excavating equipment. Page 139 April 26, 2005 But that isn't why I had my light on. I've asked for material. In my packet it is very unclear, the agreement, and the Exhibit B or A, I don't know which one it is because I can't read it, and I asked for that information so I can be informed on the decisions that we're making, so I don't see how I can participate in voting on this issue. I don't know if you want to continue it or if the majority feels comfortable voting on it. CHAIRMAN COYLE: I have some questions and potential changes to it, but I don't see any problem continuing to get the information. Let's hear from the public speakers. MS. FILSON: The first speaker is John McGowan. He'll be followed by Bem Smith. CHAIRMAN COYLE: And if you could, limit your comments to about three minutes, please. MR. McGOWAN: My name is John McGowan. I represent Aggrisource, LLC. I have with me actually the principals of Aggrisource, LLC, Mr. Bem Smith, Mr. Chris Gehring. They actually would like to represent the corporation in terms of their concerns. They have more information. But I do have some information regarding some of the concerns of the commission regarding ceasing of the mining. In fact, the one mining piece of equipment that is out there is a very large piece of equipment that is in the process of being disassembled, and that's the purpose for number four, which is the 60 days. I think the stipulation actually said 65 days to have that equipment moved off, and that the only equipment to remain there is to be actually, as Commissioner Henning indicated, loaders to actually load the large mound of earth that is currently there which, it's my understanding the State of Florida and the Department of Environmental Protection, frankly, wants moved. So in terms of some of the concerns regarding whether or not it's Page 140 April 26, 2005 going to be any future mining operations, I think that the settlement agreement that was reached with the State of Florida addresses each one of those concerns, and as I indicated, the equipment is being moved. CHAIRMAN COYLE: Okay. Good. Thank you very much. MS. FILSON: The next speaker is Bern Smith. He'll be followed by Chris Gehring. MR. SMITH: Hi. My name's Bern Smith. I appreciate the opportunity to speak today. I would hope that -- we did reach a settlement with the state. The DEP wrote off or dictated the terms of that settlement. We reluctantly -- obviously we've got a tremendous investment out there. We wanted to go on and finish that project. We got into it, and we made the capital investment to do that, but we -- we're not going to be able to. We would hope that the county would at least allow us to take off what we have expended the money to go ahead and excavate and put up per the terms of the agreement. The DEP has assured us that they will be looking over our shoulder. It's going to be a constant type of monitoring situation. So I can tell you that we will not excavated anymore. All we will take is what is above the ground, as they have authorized us to take. CHAIRMAN COYLE: Commissioner Halas, do you have a question? MR. SMITH: Thank you. COMMISSIONER HALAS: Yes, I have a question. Sir, you said you need 60 to 65 days to disassemble equipment. Why does it take that long, sir? MR. SMITH: There's a drag line out there. I'll let Mr. Gehring, who's actually the contractor, go into it a little more, if you would maybe ask him that. COMMISSIONER HALAS: Sure. Page 141 April 26, 2005 MR. SMITH: But the long story short, there are six or seven truckloads just in that one piece of equipment that have to be hauled out, and it has to have someplace to go. So we've got to have the time to find a place for it to go in addition to breaking it down and moving it, and we don't have the people to do that. We have to hire that. So I'll let him address that. MS. FILSON: Your final-- COMMISSIONER COLETTA: If I could, before you go, sir. I don't think it's so much when the equipment's going to be moved, but when is it going to be disabled so it can't be used any longer and we can verify that fact. MR. SMITH: Well, it's already started being taken apart, so -- COMMISSIONER COLETTA: In other words, it's taken apart to the point now that it cannot be utilized? MR. SMITH: Just to let you know, we stopped excavation the day they put the money in the account. COMMISSIONER COLETTA: But one more time, let me say the question. The machine has been sufficiently dismantled at this point in time that it's inoperative? MR. GEHRING: Yes. We've taken the bucket-- CHAIRMAN COYLE: We have to get you on that microphone. MR. SMITH: Yes, it has been. COMMISSIONER COLETTA: Okay. And we could have that verified by our staff? MR. SMITH: Sure. CHAIRMAN COYLE: Okay. Thank you very much. MR. SMITH: Okay. Thank you. MS. FILSON: Your final speaker is Chris Gehring. MR. GEHRING: Hello. Chris Gehring, I'm a member of Aggrisource, LLC. All we're really asking is just for us to be able to follow through with the agreement we've made with the state to haul off material that we have stockpiled. Page 142 April 26, 2005 The questions on the drag line, we have disabled the machine. We've taken the bucket off the machine. You can't dig without a bucket. We could still move it around the site. But to move it out of there, it's a large expense, and it takes an outside contractor for us to move it. We're looking at -- they're a month out. They were four to five weeks for them to even come to start the process, then it's a two-week process to move the machine. So it's a large job. It's a large expense. It's about -- you know, it's about $50,000 just to move the machine to another site. And I would have to find another site. Also, in letting us take out this material, it gives me the time to find a home for the half a dozen employees that I have working out there right now. I have to find another place for them to go, which we have things that are lined up, but we're just trying to recuperate some of our investment, material we have already dug on site. CHAIRMAN COYLE: Okay. Commissioner Halas, do you have a question of him? COMMISSIONER HALAS: Yes. With the material that's presently stockpiled out there, what is your best time -- what's your best estimate that we're going to have that removed? MR. GEHRING: In -- the rate we're hauling it out now, I would say that we're probably looking, at the outside, probably four months. We don't really even need -- COMMISSIONER HALAS: Four months worth of material? MR. GEHRING: Yeah. We've had a lot of material piled up. We've been digging -- you've got to remember we've been digging and stockpiling and processing material for -- since we've been out there working, almost two years, and we've built up an inventory of material, and now we've just started the process of hauling it out, and we have contracts we're trying to fulfill and offset the cost of processing that material. COMMISSIONER HALAS: And you were digging up until Page 143 April 26, 2005 what date? MR. GEHRING: Up until-- I think it was last Friday, I believe, two Fridays -- two weeks ago Friday. Whatever day the money was deposited we stopped. COMMISSIONER HALAS: But you're saying that the drag line is now incapable of operating to extract the product out of the ground; is that what -- MR. GEHRING: That's correct. That was a primary piece of equipment we would use for digging. CHAIRMAN COYLE: Commissioner Coletta, did you have anything else? COMMISSIONER COLETTA: No. CHAIRMAN COYLE: All right. Thank you very much. MR. GEHRING: Thanks. CHAIRMAN COYLE: Was that our last speaker? MS. FILSON: Yes, sir. CHAIRMAN COYLE: Okay. I do have a couple of questions of staff. The first stipulation is pretty much boilerplate, but I'm wondering why we even bother to address the potential for expansion of uses and major changes to the site plan. Why don't we just say, there will be no expansion of uses and the site plan will not be changed? MR. BOSI: The first condition will be adjusted as you suggested, Commissioner. CHAIRMAN COYLE: Okay. And just take those things out of there so it's very clear that there's nothing that's going to change about this at all. And I think we've addressed my other question concerning the excavating machinery and equipment except for the problem of enforcement. If someone is in violation, if they don't do what they promised they would do, what are we going to do about it? Page 144 April 26, 2005 MR. SCHMITT: For the record -- CHAIRMAN COYLE: You guys close your ears now. Don't listen to this. MR. SCHMITT: For the record, Joe Schmitt, administrator of community development/environmental services. My only options, one, send code enforcement out if it violates the conditions of the conditional use; two would be send the county sheriff, notify the sheriff that there's illegal activity going on. But basically this is a responsibility of state as well. The DEP will be monitoring this. It's their responsibility. It's state-owned property. I certainly -- the first one I would notify is the state, and certainly would expect the state to take appropriate action. This land will be part of the Comprehensive Everglades Restoration Program, the restoration of the south blocks. The local sponsor for that is South Florida Water Management District, in cooperation with the Department of Interior and the U.S. Army Corps of Engineers, certainly they're going to have a vested interest in this as well. But first and foremost, I would contact -- I will send code out there. In fact, I'll send my engineering staff out there, a member of my staff to validate that, in fact, the work has ceased and that the equipment has been dismantled except for what they're using to haul off the stockpiled product. And if we find any violations, we'll issue a notice of violation. That violation will go to the state because the state is now the legal owner. And certainly we will notify the state to take corrective action. MR. MUDD: Now, Commissioner, this won't be the first -- Jim Mudd, for the record. This won't be the first time we've tagged the state out there. If there's a building that's been abandoned and it falls outside of our code, we tag it. Now, the state gets quite perturbed and they call me and say, I can't believe you're tagging me when we're trying to do a restoration Page 145 April 26, 2005 project. And I said, well, you violated our code. You're supposed to get rid of that abandoned home, and then we force them to give us a schedule which expedites the removal. No doubt when Mr. Hardy leaves his property in November, the state will be under our scrutiny again to make sure that that abandoned property that they now own, his home, gets leveled, and they bring that -- and they bring that property into compliance. So we do that all the time out there because we don't let people have abandoned cars or garbage or anything else out there. We go out and tag them. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: So, Joe, are you stating on the record that you will send one of your engineers out there -- MR. SCHMITT: Yes, sir. COMMISSIONER HALAS: -- on a periodic basis to make sure that this drag line or equipment out there is rendered to the point it's incapable of excavating -- MR. SCHMITT: Yes. COMMISSIONER HALAS: -- and that the only activity taking place out there is to remove the product off the premises, when this gentleman out here tells me it's going to be a four-month operation? MR. SCHMITT: Yes, we will do that. In fact, I was quite surprised, because I estimated somewhere six to eight weeks, now it's at 12 weeks. We were estimating what was actually on site. We thought at the rate they were hauling it off it would be six to eight weeks, but 12 weeks. But understand, this is Aggrisource's product. It's their product, and the state is -- we're doing nothing more than coming to an agreement for the conditional use with the state, and the state is allowing Aggrisource to take their product, or their property off of the existing property that the state now owns. Page 146 April 26, 2005 So that's all this is for, nothing else. And we will enforce it. I will send code enforcement out there periodically, and I will send a member of my engineering inspection staff out there to ensure that there's no other activity going on on site. CHAIRMAN COYLE: Okay. Is there a motion? COMMISSIONER COLETTA: Motion-- CHAIRMAN COYLE: I close the public hearing. Go ahead. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Any 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: (No response.) CHAIRMAN COYLE: All opposed, by like sign. (No response.) CHAIRMAN COYLE: It is unanimous. Thank you very much. MR. MUDD: Commissioner, that brings us to the next item, which is 7B, which used to be old 17 A, and that is, this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2004-AR-6671, Boca Bargoons of Naples, Inc., represented by Kelly Smith of Davidson Engineering, Inc., requesting approval of a conditional use pursuant to Table 2 of Section 2.04.03 of the land development code, to allow personal services, Page 147 April 26, 2005 video rental, and retail uses, excluding drug stores, with more than 5,000 square feet of gross floor area in the principal structure in the C- 3, commercial intermediate, zoning district. The property to be considered for the conditional use is located at 4403 Tamiami Trail East in Section 13, Township 50 south, Range 25 east, Collier County, Florida. This property consists of 27.53 plus or minus acres, and this was pulled at Commissioner Fiala's request. CHAIRMAN COYLE: Do you need a break now? Would you like to break for 10 minutes? Okay. We're going to break for 10 minutes. MR. MUDD: So I don't have to read it again. CHAIRMAN COYLE: Be back in at -- COMMISSIONER FIALA: Ten after? CHAIRMAN COYLE: Ten after three. (A brief recess was had, and proceedings continued without Commissioner Henning and Commission Coletta present.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. Very well. We'll continue. Item #7B RESOLUTION 2005-176: CU-2004-AR-6671, BOCA BARGOONS OF NAPLES, INC., REPRESENTED BY KELLY SMITH, OF DAVIDSON ENGINEERING, INC., REQUESTS APPROVAL OF A CONDITIONAL USE PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE LAND DEVELOPMENT CODE, TO ALLOW PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES), WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE, IN THE C-3, COMMERCIAL Page 148 April 26, 2005 INTERMEDIATE, ZONING DISTRICT. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT 4403 TAMIAMI TRAIL EAST, IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 2.53 +/-ACRES - ADOPTED W/STIPULATIONS MR. MUDD: This item is 7B, and it's Boca Bargoons, okay, was the item, and I read it before. This requires -- CHAIRMAN COYLE: Four votes? MR. MUDD: -- all participants to be sworn in and ex parte disclosure. CHAIRMAN COYLE: Okay. All participants please stand and be sworn in. Do we have any public speakers? One public speaker. Whoever that is should stand and be sworn in. Okay. Thank you very much. MS. FILSON: Stan Strouder. That's his name. CHAIRMAN COYLE: All right. (All speakers were duly sworn.) CHAIRMAN COYLE: Okay. And ex parte disclosure. Commissioner Halas? COMMISSIONER HALAS: As I stated earlier this morning, prior to this being pulled, 17 A, I have no disclosures. CHAIRMAN COYLE: Okay. Nor do I. And Commissioner Fiala? COMMISSIONER FIALA: No, nor do I. CHAIRMAN COYLE: You don't either. So let's proceed, go ahead. MS. SMITH: Good afternoon, thank you. My name is Kelly Smith with Davidson Engineering, and I'm here today representing the owner, Boca Bargoons of Naples, Incorporated. We're requesting a continual use to allow greater square footage per tenant, specifically Page 149 April 26, 2005 greater than 5,000 square feet for personal services, video rental, or retail, excluding drug stores, in the C-3 zoning district. COMMISSIONER FIALA: You know, I might stop you and tell you why I pulled this off, okay? CHAIRMAN COYLE: Okay. MS. SMITH: Absolutely. COMMISSIONER FIALA: Just those words, personal services and video stores. And I just -- there was nothing in here that said what kind of personal services and what kind of video stores, and I want that restricted. I want to make sure that they're family type video stores and personal services. MS. SMITH: If I may, there are no video stores proposed at this time. That's simply the title that comes out of the land development code. We're proposing retail -- standard retail uses only. One known retail use at this time is a Boca Bargoons, which is a decorative home fabric store. The other estab -- the other tenants are not known at this time, but they're anticipated to be standard retail-type units. I do have a representative from the property owner here who could certainly -- (Commissioner Henning and Commissioner Coletta entered the hearing room.) COMMISSIONER FIALA: Well, I just want to make sure that we tighten up the language to make sure that whatever comes in there, as we're in the redevelopment process, I want to make sure we redevelop in the right direction. We don't need any more pawn shops or any more, you know, sexually explicit video shops or personal services that you read about in the Police Beat, so I want to make sure that we don't have any of that. COMMISSIONER HALAS: In other words, you're talking massage parlors? COMMISSIONER FIALA: That's exactly right. That's what my husband said. So how do we ensure that that isn't in there? Page 150 April 26, 2005 MS. WILLIAMS: Good afternoon. For the record, my name is Heidi Williams, Principal Planner with Zoning and Land Development Review. This conditional use proposes only to allow uses which are permitted in the C-3 zoning -- in the C-3 zoning districts. It is my understanding that those would not be permitted anyway. COMMISSIONER FIALA: None of the ones that I just mentioned would be allowed in there? MS. WILLIAMS: That's correct. COMMISSIONER FIALA: Then that was what my concern was. CHAIRMAN COYLE: Okay. Then is there a motion? Commissioner Halas, did you have other questions? COMMISSIONER HALAS: Oh, I got it answered. CHAIRMAN COYLE: Okay. Is there a motion? MS. FILSON: I have a speaker, sir. CHAIRMAN COYLE: Oh, one speaker. Okay. MS. FILSON: The speaker is Stan Strouder. MR. STROUDER: Good afternoon, Commissioners. For the record, my name is Stan Strouder. I am spokesman on behalf of the applicant. Commissioner Fiala, we wholeheartedly endorse your concerns about those things, and it is not at all our intention to now or ever deploy this property in such a fashion. COMMISSIONER FIALA: Thank you. MR. STROUDER: And appreciate your comments. COMMISSIONER FIALA: Sometimes when people have a place it isn't their intention, but 10 and behold, after it's all approved, it becomes their intention. And so I just wanted to make sure that it was in writing. Thank you. MR. STROUDER: Fully understood. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Now, we have two commissioners who Page 151 April 26, 2005 did not do the ex parte disclosure. This was on the summary agenda, and I believe earlier today you stipulated, Commissioner Coletta, that you had no ex parte. COMMISSIONER FIALA: He did have some. COMMISSIONER COLETTA: Oh, I did. I sure did. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER COLETTA: Okay. On 17A,Ihavehad-- let's see if I can get it out here again. I have -- no, no disclosures on 17A. CHAIRMAN COYLE: Okay. All right. And Commissioner Henning? COMMISSIONER HENNING: None. And that's why my light's on. CHAIRMAN COYLE: Okay. Very well. Then we've taken care of that. Now we'll go to the motion. Close the public hearing. Do we have amotion? COMMISSIONER FIALA: Oh, I make a motion to approve with these stipulations written into the agreement. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion by Commissioner Fiala, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? Page 152 April 26, 2005 (No response.) CHAIRMAN COYLE: It carries unanimously. Thank you very much. Item #8A ORDINANCE 2005-20: MILLAGE RATE INCREASE FROM 3 TO 4 MIL FOR THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICES TAXING UNIT (MSTU)- ADOPTED MR. MUDD: Commissioner, the next item is under A, which is advertised public hearing, and it's 8A. It's a recommendation to approve a millage rate increase from three to four mills for the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit, MSTU. And Ms. Diane Flagg, alternative transportation modes, transportation division, will present. MS. FLAGG: Good afternoon, Commissioners. This item is to increase the millage within the Forest Lakes MSTU boundaries at the request of the Forest Lakes MSTU board members. The Forest Lakes board members had identified road and stormwater proj ects to address the flooding and subsequent road deterioration within their MSTU boundaries. The millage increase will provide an additional 146,500 for the improvements that they've identified. The MSTU board members conducted a public workshop to discuss this item with the residents within the MSTU boundaries and also conducted several MSTU meetings open to the public. Mr. Bob Jones, the MSTU chair, had hoped to be here but suffered a death in the family. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just had one question. I didn't find an ending date. Is this going into effect, four mills, forever Page 153 April 26, 2005 after? MS. FLAGG: They didn't discuss an end date. What they'd like to do is, they've got over $5 million worth of projects that they need to complete. They've done a complete master plan now. And so they wanted to increase the millage to four mills within their boundary so that they could get at some of these projects. CHAIRMAN COYLE: Okay. Any other questions? Commissioner Henning? COMMISSIONER HENNING: Is there any reason -- was there any discussion of the new stormwater program that the Board of Commissioners set up where they're going to do improvements to the systems, including the neighborhood? MS. FLAGG: I know that the stormwater department is looking at some of the areas that are outside the MSTU boundary, but none specific within the MSTU boundary. COMMISSIONER HENNING: Well, I think that the -- from what I understand, from what the majority of the commissioners approved, was a 50/50 split with the county and the neighborhoods. MS. FLAGG: Mr. Feder just indicated these are private roads. This is a private community. That's why it's within an MSTU boundary . COMMISSIONER HENNING: Right, I understand that. Oh, that's right. We're not doing the PUDs. We're just doing, like Golden Gate Estates and Naples Manor and Naples Park. But they get to share it into the cost. I forgot that. MR. FEDER: For the record, Norman Feder, Transportation Administrator. Commissioner, it's not that we're not doing PUDs, because we're doing it in areas throughout the county where we have agreed to take on the operation of maintenance of the roadway and the drainage systems. That's not the case here, and that's why they've been dealing with those issues throughout the years as part of an MSTU. Page 154 April 26, 2005 CHAIRMAN COYLE: Okay. Any further questions? (N 0 response.) CHAIRMAN COYLE: Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: David? MR. WEIGEL: Thank you. I just wanted to make one note, and that is, this is merely an amendment of the ordinance to increase the possibility of levying a four millage at the budget process that comes later. There is no imposition of tax by the amendment. It just gives the ability of this board to consider at a later date if it wishes to go above the cap of three mills that currently exists. CHAIRMAN COYLE: Okay. Thank you very much. Any further questions? (No response.) CHAIRMAN COYLE: Is there a motion? COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- second by Commissioner Coletta. Any 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. CHAIRMAN COYLE: All opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Commissioner Henning votes no, and it passes 4-1. Page 155 April 26, 2005 Item #8C ORDINANCE 2005-21: PUDZ-A-2004-AR-6142 NAPLES SYNDICATIONS, LLC, REPRESENTED BY KAREN BISHOP OF PMS INC. OF NAPLES, REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WARM SPRINGS PUD BY REVISING THE PUD DOCUMENT AND MASTER PLAN BY INCREASING THE ALLOWED DWELLING UNITS BY 290 UNITS TO A MAXIMUM OF 540 UNITS, A DENSITY INCREASE FROM 2.1 UNITS PER ACRE TO 4.52 UNITS PER ACRE; TO SHOW A NAME CHANGE FROM NICAEA ACADEMY PUD; AND REFLECT THE PUD OWNERSHIP CHANGE. THE PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, APPROXIMATEL Y ONE MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119:1: ACRES - ADOPTED W/CHANGES MR. MUDD: Commissioner, the next item is 8C. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZA-2004-AR-6142, Naples Syndication, LLC, represented by Karen Bishop ofPMS, Inc., of Naples requesting a rezone from PUD to PUD, planned unit development, known as Warm Springs PUD, by revising the PUD document and master plan, by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre, to show a name change from Nicaea Academy PUD, and to reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road in Section 26, Page 156 April 26, 2005 Township 48 south, Range 26 east, Collier County, Florida, consisting of 119 plus or minus acres. CHAIRMAN COYLE: Okay. Will all those who will offer testimony here today stand and be sworn in. (The speakers were duly sworn.) CHAIRMAN COYLE: Commissioners, do you have ex parte disclosure? Commissioner Halas? COMMISSIONER HALAS: This one here, I do, 8C. I've had meetings in the past, correspondence in regards to this, and also talked to staff. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had meetings, correspondence, e-mails, calls, and met with staff. CHAIRMAN COYLE: And I have also had meetings and correspondence, and as a matter of fact, this has come before us before in a prior regularly-scheduled publicly-advertised Board of County Commissioners meeting. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, correspondence, talked with staff a couple of times, met with the petitioners, and I believe that's everything, and it's all on file here. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I, besides hearing this item at a regular meeting, I did receive a phone call and discuss this issue with the owner. CHAIRMAN COYLE: Okay. Thank you very much. Mr. Yovanovich, if you'll remember that we have heard this item before. You may proceed. MR. YOV ANOVICH: Thank you. For the record, Rich Yovanovich on behalf of the petitioner. With me today, if you have questions, are Bob Singer, who's the owner of the property; Andy Page 157 "___<"" '__"___~'__'"--"'MV.'~~_"--- April 26, 2005 Solis, who's another attorney on this project; Reed Jarvi, who can address network transportation issues if you have them; Rob Price, who can answer specific TIS questions with our proj ect if you have them; and Shane Parker, the engineer for the project. I'm not going to go through a detailed presentation. I'm just going to hit the highlights. I think the reason this was basically continued to today's hearing was to address some transportation concerns, and there was a transportation workshop that was scheduled to occur after the last hearing, and I think the transportation issues have been addressed. I just want to give the highlights as to, you know, what the project -- what we agreed to last time. Essentially we're requesting 540 units. Of those 540 units, 10 percent of the units would qualify as affordable housing units, another 10 percent of the units would qualify as workforce housing units. We agreed to a phasing of the project, one half of the units now, with one half of the units after 951 was completed, and we also agreed to dedicate 50-foot in width right-of-way for improvement of Massey, which is to our east, which will hopefully address an alternative route to 951. The goal is to construct a road that would extend W oodcrest down to Massey, down to Vanderbilt Beach Road, which would get people out of the intersection of 951 and Immokalee Road. We've agreed to all those stipulations. The previous motion recognized that we would have a 75-foot setback along our southern boundary except for the initial 1,000 feet where the setback would be 50 feet. That summarizes where we were at the last meeting. It briefly addresses transportation concerns. The overall project density would be 4.5 units per acre. And with that, I'll be happy to answer any specific questions the board may have, or I'll make my consultants available to answer any Page 158 April 26, 2005 questions. CHAIRMAN COYLE: Commissioners? COMMISSIONER HALAS: You've already been approved for 250 units; is that correct? MR. YOV ANOVICH: That's correct. COMMISSIONER HALAS: Okay. And so what you've done is you've worked with county staff in regards to trying to negotiate some additional lands so as to make some type of an interconnectivity with Treeline (sic) Road, with Vanderbilt Beach Road eventually, and with Immokalee Road; is that correct? MR. YOV ANOVICH: That's correct, Tree Farm Road. COMMISSIONER HALAS: Okay. I'd like to see where maybe we can phase this in over a longer period of time, and maybe start off with a third, and then as the road is completed, then we can bring you up to speed on this, a third of the -- of the product. And my feeling is, instead of a little over four units per acre, I'd like to see us try to hold down to about three and a half units per acre, which I think would give you a total of about 416 units, and I think that's a big improvement over the 250 that we presently have permitted there. MR. YOV ANOVICH: Commissioner Halas, what we're -- what we're attempting to do -- and we entered into a developer contribution agreement for improvements to Tree Farm Road where we basically provided, free of charge to the county, right-of-way the entire, you know, length of our property. We also are spending about a million dollars worth of improvements for Tree Farm Road. We're committing to basically 108 units to serve a very important need in Collier County, 54 of which would be affordable, another 54 would be workforce. The density that you're requesting of three and a half units per acre does not make economic sense for us -- COMMISSIONER HALAS: Well, it's a lot better than what you Page 159 April 26, 2005 came in the front door at, 250. MR. YOV ANOVICH: Well, honestly, not necessarily, because with 108 of those units having to be committed to affordable and workforce housing -- COMMISSIONER HALAS: I understand where you're coming from. MR. YOV ANOVICH: -- that the numbers -- it's not the same -- it's not the same deal. And also, we're meeting a very important need for transportation issues about building an ulterior corridor to get the trips off of 951. And essentially we're talking about 7,000 trips that we'll get out of that intersection if we can do this alternative alignment. And Reed Jarvi can get into that in greater detail. And maybe I should have him explain that in a little bit of detail to address that Issue. COMMISSIONER HALAS: Well, I'd like to have maybe our staff address that -- MR. YOV ANOVICH: That's fine. COMMISSIONER HALAS: -- because I'm sure that they've done this also, so we get kind of a flavor from both sides here, too. MR. YOV ANOVICH: Okay. Do you want Mr. Jarvi to speak and then -- COMMISSIONER HALAS: Mr. Jarvi -- MR. YOV ANOVICH: Okay. COMMISSIONER HALAS: -- and then we'll see how it corresponds with what the staff has to say here. MR. YOV ANOVICH: Okay. That would be fine. MR. JARVI: For the record, my name is Reed Jarvi. I'm a professional engineer with the firm of Vanasse, Daylor; been practicing in this area for about 16 years in transportation and traffic . . engIneenng. What I've shown up first is an aerial of the area. And you'll see Page 160 April 26, 2005 that Nicaea Academy, which is -- Warm Springs is that large, long rectangle, just so -- placement, and the dashed line or dotted line, heavy dotted line below it is Tree Farm -- or signifies Tree Farm Road. You'll notice at the end of the Tree Farm Road, to the north and to the south, is what we're calling -- it's W oodcrest on the north side and Massey on the south side of it that would connect Immokalee Road, or proposed to connect Immokalee Road to Vanderbilt Beach Road. And we looked at this from a network standpoint. As you may remember, Mr. Feder has said many times, that one thing we lack in the county is a collector road system, or an effective road system. This would provide a collector road system that would provide relief for both Collier Boulevard, C.R. 951, and Immokalee Road in this particular area. We can go to the next. Little hard to see this, but this is basically a stick diagram of the same thing we just talked about, and we've looked at -- as a projection, there are six developments out in this area that are potentially affected by this that I know of. Two of them are -- this one is in process now. The Warm Springs, you have Bristol Pines, which is right at the corner of Tree Farm Road and 951 that will be coming back, and there are three or four other developments in this area that are in the various processes of putting together zoning packages. So we looked at this as a network and as a diversion network for that particular intersection of 951 and Immokalee Road. What we've done is looked at this. And from a -- we were conservative on purpose, that these are diversion amounts. When all this development -- or when this connection goes through that we are looking at a diversion of approximately 8,000 -- 8,300 daily trips off of951 onto the collector system, Tree Farm Road, excuse me, the Woodcrest/Massey/Tree Farm Road network. Page 161 April 26, 2005 That equates to a significant drop in the traffic. Around a third of the traffic that would be using that connector, collector system -- excuse me -- around two-thirds of that would be diversion traffic. About one-third of it would be development traffic from our projections at this time. Also, you can see that at the 951/Immokalee Road intersection, a very critical intersection in this portion of the county, that our projections show about 7,000 daily trips, that would be entering daily trips, would be not going through that intersection. So I think this is a very important collector system for this particular intersection. It provides relief to not only the intersection but to two major arterial roadways, and there are some -- we've done a lot of work with staff on this working with both Nick Casalanguida, Don Scott, Norm Feder, on this system, and I think we've all come to pretty much the same conclusion, and -- certainly don't want to put words in their mouth, but I think they have pretty much the same answer I do, or same ideas. I'll answer or address any questions if you have any at this time or wait till later . CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I don't have a question on this, but I do have a question on the affordable housing and workforce housing. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HENNING: Mr. Giblin, is there an agreement written and part of this PUD? MR. GIBLIN: Cormac Giblin, for the record, your housing and grants manager. The commitments will be written or are written into the PUD document itself. They're not asking for any extra affordable housing density bonus, which would typically be the case. COMMISSIONER HENNING: Correct. And the concern that I had when this issue came up before is, it's stated they're going to have Page 162 April 26, 2005 a workforce housing element within this project but there wasn't any agreement. Although I would like to have more, I understand because of, you know, that construction material prices and they can't really guarantee. But we do have 10 percent that it will be guaranteed, so it satisfies my concerns. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Do we have anything from staff to relate to this? One of the concerns that I have is, it was brought out there by the petitioner, and that is the fact that we do have some additional PUDs that are coming forth, and we also have a huge amount in this quadrant. When I say quadrant, I'm talking Immokalee Road and 951 that's already been permitted, and I believe we are looking at somewhere in the category of about 12,000 units that are scheduled to be built in this area, and you can probably clarify that. So I'm concerned about the density bonuses. I know they can go up to 16 units per acre. When it was originally brought before us some time ago, I think we ended up with 250. And what I'm trying to do is look at what all of our -- the impact is going to be for that whole area there. So maybe you can shed some more light on, if these figures coincide with what you feel the traffic engineer from the petitioner, these are correct, or do you feel that they're a little bit heavier? And the other question I have is, Massey /W oodcrest, is this going to be a two-lane highway or a four-lane eventually? MR. CASALANGUIDA: Good afternoon, Mr. Chairman, fellow commissioners. For the record, Nick Casalanguida. Excuse my voice, please. I find myself in a difficult position here, because this roadway project's kind of one of my pet projects I've been working on, and I don't want to sound like an advocate for the developer, because I'm not. I work for the county, and I'm looking out for our best interest. Page 163 April 26, 2005 To answer your question regarding Woodcrest and Massey, it's slated to be a two-lane road, similar to like an Oaks Boulevard or Orange Blossom. And the figures that Mr. Jarvi pointed out to you, we purposely worked with him and reviewed his project and his numbers and were conservative on that. Theoretically as the road becomes used on a more regular basis, it would draw more traffic from the developments around the area. I'd like to touch on just a couple points, if I may. That loop system that Mr. Jarvi showed you does a couple significant things. First of all, there are other developments in the area that are, you know, watching this proceeding right now trying to plan ahead for what they're going to do. It diverts traffic away from that intersection, almost 7,000 trips a day, and that's fairly conservative by his numbers, and we agree with that. Collier Boulevard, it takes about 8,000 trips off Collier Boulevard, on a conservative number. More importantly what it does, it meters the flow at those intersections of Tree Farm and Collier and W oodcrest and Immokalee. And what that does in a sense is we can prioritize our main arterials to have the, you know, priority in terms of flow coming through and meter the traffic coming out of the collector roads onto the arterials, so that provides quite a benefit. Not to mention as well, it's an alternative road. If something should happen on Collier Boulevard, an accident, we can use Woodcrest and Massey as an alternative road to go north/south. So I looked at his numbers, I sat down with him, and they are conservative in our judgment, sir. COMMISSIONER HALAS: Last question I have. Ifwe're predicting that we're going to unload the Collier Boulevard and Immokalee Road intersection by 12,500 for a two-lane road, what is the maximum carrying capacity of that road at two lanes? MR. CASALANGUIDA: On that configuration, sir, I'm not Page 164 April 26, 2005 quite sure. I think it was 18 -- around 18,000, sir. COMMISSIONER HALAS: And so do you think that we've got enough reserve on this road then? MR. CASALANGUIDA: Sir, I think we do, and also I think we're going to try and look at it -- and again, I want to be conservative in our planning, and that's what we were directed to do, to collect maybe enough right-of-way, and if we need to in the future, maybe look at it as a four-lane facility. But initially as a two-lane and see how that works. And we use Oaks as an example, or Orange Blossom as well, to work functions similar to that. So I do think we're pretty conservative in our numbers, and I think we do have enough capacity on that as a two-lane. COMMISSIONER HALAS: You really think it's going to carry 12,500 vehicles? MR. CASALANGUIDA: I would model it -- if you're looking at Vanderbilt to Immokalee, I would model it on Oaks and say it would be a similar type of process where you're going to get a two-lane road that runs next to a four-lane or a six-lane that carries a decent amount of traffic, and that's my goal is to actually have it work like that. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Any further questions by commissioners? (No response.) CHAIRMAN COYLE: Okay. Let's hear from the public. MS. FILSON: We have two speakers. Shane Parker. MR. YOV ANOVICH: He's with me. He's with me. MS. FILSON: Okay. James Brennan. MR. BRENNAN: When Nicaea PUD was approved, it was 250 units. I don't know anything that's changed since then to call for an increase in density. Nothing has changed on the property itself. But traffic on Collier Boulevard has doubled, traffic on Immokalee Road has tripled, and they're going to quadruple before you get the road Page 165 April 26, 2005 widened. Now, we all know that. I came here to oppose this, oppose any increase in density there; however, after listening to the developer, he's come up with a pretty good idea, and I like what Commissioner Halas says. I think you've hit on the solution, Commissioner. Get them to agree to that, I won't say everybody will be happy, but I don't think anybody will be unhappy. I think you hit the nail right on the head. So I want to thank you for your efforts. I want to thank the developer for his efforts in trying to solve some of our problems. And since I have a minute or so left, I want to say something else. I want to thank the chairman and the commissioners, I want to congratulate them in their victory against the forces in Tallahassee that would alter the impact fee collections. I want to commend you for your effort to educate the public that this issue isn't dead, that it will be coming back to visit us. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: And that was your final speaker, sir. CHAIRMAN COYLE: Okay. Any questions of any of the speakers? MR. SCHMITT: Can I correct the record? CHAIRMAN COYLE: Okay, sure. MR. SCHMITT: Correct the record, Mr. Chairman. Commissioner Halas recommended -- mentioned a figure of 12,000 units. The slide that you saw is probably the one you're referring to, is one you saw during the transportation concurrency, it was 8,830. That did include a count of 525 estimated for Warm Springs. That was Summit Place, Wolf Creek, Parklands, Terracina, Mirasol, Heritage Bay, Tuscany Cove, Warm Springs, and Bristol Pines. So it included all those developments that either have been approved -- Warm Springs is the only one that currently is pending, but it was all the numbers. So that is that entire area, even up the Page 166 April 26, 2005 Logan Boulevard extension. So I was looking at the entire, kind of, area around Immokalee Road and 951. COMMISSIONER HALAS: Don't we have some PUDs out there that are built out but they still have -- we consider them built out, but they still have some units that are available for development? That should be -- should be included in that count? MR. SCHMITT: Most of those are already built out, Commissioner. If you're talking like Island Walk or some of those others, I did include Summit Place, which was approved over two and a half years ago. That's still being built today. COMMISSIONER HALAS: Yeah. MR. SCHMITT: Some of the other ones right along that area, I counted all those. So I just wanted to make sure the record reflected the count that -- our best estimate right now for that area. COMMISSIONER HALAS: And again, it was 8,000 -- MR. SCHMITT: Eight thousand, eight hundred and thirty right now, again, for that entire area. And it did, like I said, include 525 as a guesstimate for Warm Springs. MR. YOV ANOVICH: If I may, Commissioner Halas, propose a compromise. You would like to make the first phase 180 units. Right now we would have the right to do 125 units. Ifwe came down to the 180 units in the first phase, we'd be increasing it by 55 units over what we could do today. Keep in mind, we would have to build one-third of our affordable and workforce housing units during that phase. So of those additional 55 units, 36 of them would be workforce or affordable housing. We can -- we can agree to the 180 as the first phase and do the balance of 360, I think is the right number, in the second phase after 951 is completed, and I think that that -- you know, that's a compromise, it brings down the immediate impact. And then, you know, I think that the numbers that Mr. Jarvi was explaining and your staff was concurring to, show that the proj ect will be -- will work and Page 167 April 26, 2005 help solve some issues, none the least of which is the affordable housing and workforce housing issue we have in Collier County. So I would like to offer that up as potential phasing schedule. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I'm ready to make a motion. CHAIRMAN COYLE: Okay. Commissioner Fiala has a question. Do you want to make a motion first? COMMISSIONER HENNING: No. COMMISSIONER FIALA: No. He can make his motion first. I'd like to hear it. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: You want to close the public hearing? CHAIRMAN COYLE: Sure, it's closed. COMMISSIONER HENNING: The -- this is within a density band, so you're allocated beyond four units per acre, three additional units, I believe. MR. YOV ANOVICH: Yeah. The theoretical density would be 598, if we got the three units per acre on the 40 acres that are in the residential density band. COMMISSIONER HENNING: Right. And what you're asking for is 4.52. MR. YOV ANOVICH: Right. COMMISSIONER HENNING: So that's basically a half a unit per acre above your base density? MR. YOV ANOVICH: Correct. COMMISSIONER HENNING: Which equals 78 units. Trust me. MR. YOV ANOVICH: I'll trust your math. COMMISSIONER HENNING: Forty -- let's say. No, I'm sorry, forty units. And you're giving us the guarantee of building 54 affordable and 54 workforce. Page 168 April 26, 2005 And I'd just like to remind the commissioners, we're removing those density bonuses away from the market rate through our ERA process, and -- to try to entice more affordable and workforce housing, and we're going to be dealing with that later on. He could be asking for an additional three units. He could be asking for density up bonuses for affordable housing, and he's not doing that. So I'm going to make a motion to approve except for the phasing, because I think that we need the -- those agreements today. We need those affordable housing/workforce housing today, so I don't want to put any stipulations on phasing. The other phasing we have done up and down Collier Boulevard is market rate, and I think that's apropos. That's my motion. CHAIRMAN COYLE: Okay. A motion to approve with no phasing, essentially as changed, but with, I presume, any staff stipulation? COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: And we're looking at -- what density are we looking at? COMMISSIONER HENNING: Four point five four, whatever -- COMMISSIONER FIALA: Requested. COMMISSIONER HENNING: -- five two. Four point five two. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER COLETTA: I'll do a second for discussion purposes. CHAIRMAN COYLE: Okay. Commissioner Coletta's motion for second. COMMISSIONER HENNING: If it doesn't have a majority, I'm going to remove it. I know Commissioner Halas has a lot of concerns. Anybody else does, I'll remove my motion. COMMISSIONER COLETTA: I just -- I had some questions on Page 169 April 26, 2005 it, if I may. CHAIRMAN COYLE: Commissioner Fiala was first. COMMISSIONER COLETTA: Oh, I'm sorry. Go ahead. COMMISSIONER FIALA: Yeah. It's all right. I had to agree with Commissioner Halas, this is exactly what we're talking about. Yes, we need affordable housing, yes, we need other -- these other components. We also need to be able to have our roads passable. And I vowed that I was just not going to increase density no matter what the issue is if our roads become impassable. I think this is a wonderful thing for our transportation department, but with all of these things going in in that particular area, we want to make sure that when they're finished widening C.R. 951, as Immokalee Road, that they can still function, so I have to agree with Commissioner Halas on that. CHAIRMAN COYLE: I think that answered your question, Commissioner Henning. COMMISSIONER HENNING: I'm going to remove my motion. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Well, I -- the only thing I can recommend is that we go to the draft recommendations here with phasing, phase it in so that it falls at a time that works for the roads. I think that you're right, Commissioner Fiala. You've got to be able to provide for capacity when it's needed. MR. YOV ANOVICH: And-- COMMISSIONER HENNING: I'll second that motion. CHAIRMAN COYLE: Okay. You had something you wanted to say. MR. YOV ANOVICH: Yeah, I just wanted to -- am I allowed to? CHAIRMAN COYLE: Sure, go ahead. Yes, we can ask you for clarification. MR. YOV ANOVICH: We're attempting -- again, we need the 540 units to make the proj ect work. We're okay about the phasing of Page 1 70 April 26, 2005 one-third of the units now with two-thirds being deferred until after 951 is completed. I think that addresses the concern you have, Commissioner Fiala, about the roads being there. If we can't get to the density we need, we'll stay with what we have as far as the density, but that doesn't get the alternative alignment we all think is necessary for Massey and W oodcrest, nor does it get the affordable housing and workforce housing. What we're simply asking for is the compromise. If we do the 180 units, which is only 55 units more than we could do today, in exchange for that you get 36 affordable and workforce units of those 55 in that phase, and you get the remainder of whatever 104 minus 36 is, for affordable and workforce housing in the future. And we hope that that phasing schedule will work and will result in the alternative alignment of W oodcrest/Massey that is a much-needed roadway project. And your staff has -- you know, has already told you that they would really like to see that happening. It can't happen without our ability to go forward with the project as we're suggesting and phasing it. CHAIRMAN COYLE: We -- yeah, Commissioner Halas has a question, but I need to clarify this motion first of all, make sure everybody understands what's being proposed. Now, we have a staff recommendation which is essentially the staff recommendation from the last time, which accepted the CCPC recommendations with the exception of the density reduction and suggested phasing. Is that what staff is recommending again? Because there is no staff recommendation on the updated summary. MR. BOSI: Well, there hasn't been -- the staff hasn't had the opportunity to have a position on that because it hasn't been presented within the PUD. The staff would -- the staff would defer to the board. But staff was recommending a condition of the original petition with only 10 Page 171 April 26, 2005 percent affordable housing. So any other workforce housing commitments, staff would be amiable and would recommend. But staffs original recommendation was for recommendation of approval at the 4.52 units per acre with 10 percent affordable housing. CHAIRMAN COYLE: Okay. But it also addressed the setback required for the principal structure from the PUD boundary would be established -- moved from 25 to 75 feet. You had a word correction in the PUD document, you had a modification to allow for the land development code regulations to control when they were more restrictive, you had a recommendation and elimination of note one from the development standards table be accomplished, replacing another word and creating a section and called out requested deviation from chapter 3.05.07 of the LDC, and you also suggested a phasing program. Now, I want to make sure that that's what you're recommending this time also. MR. BOSI: That is consistent. CHAIRMAN COYLE: Okay. So if Commissioner Coletta's motion were to be to accept the staffs recommendation, it would be to accept the Collier County Planning Commission recommendations with the exception of the reduction in density; in other words, it would be approving the density at the 4.52 level with 10 percent affordable housing, plus these other stipulations? MR. BOSI: Correct. CHAIRMAN COYLE: Is that what we're saying? Is that okay with you? COMMISSIONER COLETTA: That's fine. Just one clarification there. Ten percent is what we agreed on before as far as the affordable housing element? I'm trying to recall. MR. YOV ANOVICH: Yes. I mean, originally your motion, Commissioner Coletta, included 15 percent affordable, but the last time we came back and proposed 10 percent affordable, 10 percent Page 1 72 April 26, 2005 workforce, and your motion also included that the setback from Tree Farm Road, essentially, would be 50 feet first 1,000 feet because there's a building that's closer than the 75 feet. And that's -- COMMISSIONER COLETTA: Is there anything wrong with, when we talk about the motion and the making of the motion, with the original motion that we made before with the 10 percent workforce and 10 percent affordable? MR. YOV ANOVICH: No, that's fine. Yeah, we're fine with the 10 percent workforce, 10 percent affordable. COMMISSIONER COLETTA: And the phasing issue, you don't have a problem with that? MR. YOV ANOVICH: You're talking -- the phasing of the 180 units that we're proposing, with the balance after 951 ? COMMISSIONER COLETTA: That's correct, MR. YOV ANOVICH: Yes, we're fine with that. That's where I am. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I got a question. CHAIRMAN COYLE: Yes, Commissioner Halas, go ahead. COMMISSIONER HALAS: I'm still not comfortable with the full amount of density, and I feel that if -- in order for me to support this, it's going to have to be 3.5 units per acre. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I could go four because I believe that they're allowed four on that land, and that's without giving any density. COMMISSIONER COLETTA: Well, let's do away with the affordable housing element, because they can't afford to do it. We've been there before. COMMISSIONER HALAS: Oh, come on. Don't tell me that. Are we here for the people or are here for the developers? COMMISSIONER COLETTA: We're here for the people. Go Page 173 April 26, 2005 ahead and make the motion and see if they want to do it. CHAIRMAN COYLE: We've got a motion. And do we have a second? Commissioner Coletta? MS. FILSON: We have a second. CHAIRMAN COYLE: We have a second. Do you want me to proceed with calling this motion? COMMISSIONER COLETTA: We have a second, correct? MS. FILSON: Yeah. Commissioner Coletta made the motion, and I have a second by Commissioner Henning. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Well, I don't think it's going to go anyplace. It sounds like we're going to go around the whole thing as we did before. Let me ask another question before I proceed. If we were to take -- and I think the issue has to deal with when these things come online, because the density issue has to remain there to be able to get the affordable element. If we were to move the affordable element to the back side of the requirement, in other words, after 951 was done, could you reduce the number of units that you could build up front if they were market units? COMMISSIONER HALAS: I'll go along with that. COMMISSIONER COLETTA: I'm sorry? COMMISSIONER HALAS: I'll go along with that. MR. MUDD: I think what he just asked you, Rich, is, could you only bring 150 units on at the first part, and then bring those 30 some-odd later on out of that -- CHAIRMAN COYLE: Three sixty. MR. MUDD: Five forty. COMMISSIONER COLETTA: And the advantage to this would be is that, you know, your profit would be with the marketable units. We know that you don't make a lot of money off the affordable. Page 174 April 26, 2005 MR. YOV ANOVICH: So you would like a -- let me see if I get this right. You want 150 in the first phase, of which we would not be required to provide workforce and affordable during the first phase? COMMISSIONER COLETTA: That's correct. MR. YOV ANOVICH: We could do that. If we wanted to, we could, but we could do it -- defer it to the second phase if we wanted? COMMISSIONER COLETTA: That's correct. It couldn't exceed the 150. MR. YOV ANOVICH: But we can't go past the 150. COMMISSIONER COLETTA: Okay. That's the way I amend my motion. MR. YOV ANOVICH: With the same 540 for the overall project? COMMISSIONER COLETTA: Yes, that's correct. And then we have it where 951 's in place, and everything's in place, Tree Farm Road. Everything is ready to go so that we serve the best needs of the public. CHAIRMAN COYLE: Before you commit anything on an incremental basis with respect to trying to get enough votes to get this thing approved, I think -- I think you need to understand where I stand on this. And although I supported this project when it came to us the first time, I do not now support it. And in view of the legislation we have been confronted with over the past several weeks, I have essentially adopted a philosophy that there should not be any more up-zoning and increased density. And I would not likely support this project, even if you made these concessions. So I want -- in all fairness, you need to know that before you start trying to make concessions for people here, and I just don't want to blind-side you on that. MR. YOV ANOVICH: And I appreciate that, Commissioner Coyle, and I would hope that we can distinguish this from other Page 175 April 26, 2005 projects, because we're asking for an up -- you're right, we're asking for increase in density in exchange for affordable housing and workforce housing. I think that's different than coming in and saying, please increase my density so I can do just market rate units. I would hope if you're going to adopt that position, we can distinguish proj ects that provide affordable housing and workforce housing from a blanket rule of a no increase in density, along with the fact that we're trying to assist the transportation system by dedicating for free, Massey, you know, 50 feet, to make that actual connection. I hope that that would distinguish our proj ect from a proj ect that just came in and said, listen, I've got a base density of X, I'd like to increase it because the compo plan would allow me to increase it, but I don't want to provide anything in return for that. I would hope we could distinguish those -- CHAIRMAN COYLE: I think that's a fair assumption. It depends upon the degree, and I don't think we're there yet. MR. YOV ANOVICH: And I would submit that if we were going to do 54 units, the increase in -- if I were willing to do 10 percent of my -- Cormac might be the better person to tell you what that would really equate to, because we're asking for a half a unit per acre. If I were to come in with a straight affordable housing density bonus, I think the bonus would be significantly more than a half a unit per acre. CHAIRMAN COYLE: I understand. I'll tell you, my initial reaction is that I'm inclined to vote for increased density only when the project is affordable housing, because it's very difficult for me to sort out what is the appropriate ratio, and I am really beginning to feel concerned that approving increases in density beyond what has already been allowed is, one day, going to cause us severe difficulty, because I do know that this fight we have been through is not over on impact fees and other things. Page 176 April 26, 2005 And I am very, very leery of going out on that limb too much further. But I -- let me let Commissioner Henning ask his question or make his comments, because he has been waiting for a while. COMMISSIONER HENNING: Thank you. The half a unit per acre equals 40 units, less than 40 units because you're dealing with 78 acres. The 108 units of workforce and affordable is still -- those trips on the road are still going to be in Collier County, but most likely they will be further out, either in the Immokalee area or Lehigh Acres, Charlotte County. So we're extending the trips, therefore, adding more need for transportation dollars. If we can contain these trips locally, we won't need more transportation dollars. If you think about it, they're asking for 40 -- less than 40 units more out of their base density, and what we're getting in trade is 108 less than market rate. So that's the tradeoff. COMMISSIONER FIALA: Base density is four units per acre, right? COMMISSIONER HENNING: Correct, in the urban area. CHAIRMAN COYLE: But they were approved for substantially less than that. COMMISSIONER HENNING: And they were approved on that because of the previous developer, and we didn't hear commitments for Treeline (sic) Road and Massey. We didn't hear that. N ow that you're getting that, they're helping -- they're part of the transportation solutions instead of part of the problem. MR. YOV ANOVICH: Yeah, I'd like to distinguish us from the previous developer, who I would like to say was not cooperative. We're cooperating in the solution by dedicating Tree Farm Road, by building a million dollars worth of Tree Farm Road, by dedicating, you know, the Woodcrest/Massey corridor, by doing inclusionary zoning, by doing workforce housing and doing affordable housing. I don't know of anybody else who's come in and said, we're going to do it internally to our project to get this done. I think we are an Page 1 77 April 26, 2005 affordable housing proj ect. I don't think we're -- no affordable housing project is a hundred percent affordable. We're coming in with -- not trying to come in with a density bonus to the max. But I think we're working with you. I think Cormac quickly did the numbers. I mean, you're talking about a $19 million commitment to affordable housing based upon the price points for the affordable units and the price points for the workforce units, and this land is actually being used to work for improved lands on Immokalee Road that will be affordable housing, Arrowhead. So this project actually is not only doing affordable here, but will result in affordable housing in Immokalee as well. So I would hope that that's enough to distinguish it from the predecessor developer who, I think we can all say, was less than looking to solve the problem, and why I think they got the 250 they got, which is -- maybe if they had worked, we might have started out with a little bit better base. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. So what you have -- the zoning you have on that land right now is 250, but really if you had no zoning on there, you would be allowed, by right, four units per acre, which would be 476 units on 119 acres, right? MR. YOV ANOVICH: I trust your math. COMMISSIONER FIALA: Okay. So 476, that's 119 acres at four units per acre, and that -- you know, if it weren't rezoned to far less, you could at least get that many on it. And I'm willing to do that. I mean, if you didn't have the zoning on there, I'm willing to give you the units that you would have had by right anyway. MR. YOV ANOVICH: With no affordable units? COMMISSIONER FIALA: Hmm? MR. YOV ANOVICH: With no affordable housing to come with it? COMMISSIONER FIALA: No, no. I think you can still put the Page 178 April 26, 2005 affordable and the workforce in there. MR. YOV ANOVICH: What's my -- are you talking about 10 percent of the 476 would be affordable? COMMISSIONER FIALA: Well, 10 percent would be workforce. MR. YOV ANOVICH: So are you asking me for 48 plus -- I mean 10 percent would be -- 48 would be affordable and another 10 percent, 48, would be workforce, so 96 units that would either address workforce or affordable of the 476? Is that what you're -- is that what you're proposing? COMMISSIONER FIALA: (Nods head.) MR. YOV ANOVICH: Commissioner Coyle, can I ask you to take just a couple-minute recess, let us digest what's all just happened? CHAIRMAN COYLE: County Manager, can we go to another item? MR. MUDD: Oh, yes, sir. CHAIRMAN COYLE: Do you need a recess right now? Can you take 10, 15 minutes more for -- okay. Can we go to item -- and we'll take a recess, Rich, for this particular -- MR. MUDD: Do me a favor -- you're going to have to table this item and bring it -- CHAIRMAN COYLE: We'll table it. MR. WEIGEL: You can postpone the item to come back after the next item, or table it, taking a motion either way, and that takes precedence over any other action that's on the floor. CHAIRMAN COYLE: Okay. Why-- COMMISSIONER HALAS: I make a motion to table this. CHAIRMAN COYLE: Okay. And bring it back after the next item. COMMISSIONER HALAS: Bring it back after the next item. CHAIRMAN COYLE: Okay. I'll second. Page 1 79 April 26, 2005 COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Okay. Let's go to- Item # 1 OC PRESENTATION OF THE THREE FINAL PROPOSED DESIGNS FOR THE COLLIER COUNTY FREEDOM MEMORIAL WITH ENTRY (DESIGN) #7 CHOSEN. COLLIER COUNTY WILL PROVIDE THE INITIAL DESIGN AND SITE PLAN - APPROVED MR. MUDD: Commissioner, the next item -- CHAIRMAN COYLE: -- 10C. MR. MUDD: What, sir? CHAIRMAN COYLE: Go to 10C. MR. MUDD: 10C? CHAIRMAN COYLE: Yes, sir. We've got people who have been sitting here all day. MR. MUDD: Yes, sir. 10C is the presentation of the three final __ okay, ladies and gentlemen, if you've got a conversation, take it out in the hallway, please. 10C is the presentation of the three final proposed designs for the Collier County Freedom Memorial, and John Veit will present. There he is. MR. VEIT: For the record, John Veit, Collier County Parks and Page 180 April 26, 2005 Recreation park superintendent. Do you want me to make this real brief so they don't have much time? CHAIRMAN COYLE: No, I want to make it as thorough as is necessary, but hopefully it won't take too much time for us to reach a decision based on your recommendations. MR. VEIT: Very good, sir. I would like to give you a brief review of the memorial. Back in May, almost a year ago, the 25th, the board had designated by proclamation September as Freedom Month and all in perpetuity. Part of that objective was to come up with a design of a Freedom Memorial for Collier County. As the statement is for the Freedom Memorial, to pay tribute to service members who have sacrificed their lives to preserve our freedom and to honor law enforcement officers, firefighters, emergency medical personnel, and civilians who perished during September 11th, 2001, attacks on the World Trade Center, the Pentagon, United Flights 175 and 93, and American Airlines Flights 77 and 11; to acknowledge the survivors of the horrific terrorist attack and to show consideration for family members of those murdered; to pay homage to all Americans who have sacrificed for the defense of our nation, for peace, and for freedom; to symbolically display the strength of the America spirit in times of tragedy. Initially when this started off, we had a very low response as such, and we had delayed the deadlines on several occasions. We actually went beyond local and we petitioned nationally, and we eventually wound up with 32 design proposals. At that time a seven-person independent jury was assembled to evaluate the entries based on this following criteria: The memorial mission statement, which I have just read to you, and program considerations inspire and engage people to learn about the events and impacts of September 11 th, 2001. The memorial design should complement the existing area, and the budget for the memory will depend upon the memorial design and Page 181 April 26, 2005 excellence in design and vision. I would like to give the names, and if the individuals are here on that independent panel, I would ask them to rise. Peter Thomas, who is an award-winning broadcaster and the voice ofPBS; Wayne Smith, former CEO ofB.F. Goodrich Chemicals; Jerry Sanford, public information officer, North Naples Fire Control and Rescue District, and also a former New York firefighter and knew personally some of the guys that fell; Claude Haines, deputy tax collector with the Collier County Tax Collector's Office; Rex Button -- Buxton, excuse me, publisher of the North Naples Journal; Mike Reagan, president of the Greater Naples Chamber of Commerce; and the honorable Jennifer Edwards, Supervisor of Elections. After several meetings and process of elimination, they have come up before you with three selections. I would like to commend, the 32 who, in my opinion, didn't lose, but they were very much a part of what this was. And personally, I had submitted one, and it was an honor, and I am so fortunate that we have so many great designs that came in. I have two individuals who would like to say a few words. I would ask, Sue, maybe you put the timer on for one minute, and I promise probably won't take any more than five each. But first is Rich Gibbons, who is a firefighter, a retired firefighter. CHAIRMAN COYLE: Can we -- can we get the three selections on camera so people can see what we're talking about? Okay. That is which one, entry number seven? MR. VEIT: Yes, sir. CHAIRMAN COYLE: Okay. Okay, go ahead, Rich. MR. GIBBONS: My selection for memorial is the one you see right now, because that represents the American Flag, and the American Flag, to me, means very much, very, very much, and to honor the firefighters, the American Flag that raised over the Page 182 April 26, 2005 wreckage of the Twin Towers, that would represent that, too. And you just have to go outside in the hall next to Burt Saunders' office and look at the picture of about 343 firefighters. That will tell you that would be the best memorial to put out there. Thank you. CHAIRMAN COYLE: Okay. Thank you, Rich. MR. VEIT: The next speaker was one of your panelists, Jerry Sanford. MR. SANFORD: Thank you, Commissioners. I want to thank you all for spearheading this wonderful memorial to not only all the firefighters from New York City, but also the flight members that lost their lives on the planes in Shanksville, Pennsylvania, and also the Pentagon. We had a very difficult choice in narrowing it down from 32 down to this three. The one on the right, the Freedom Memorial with the fountain in the middle is entry number 13. Myself, it's a wonderful tribute. I just felt that you might see this in other cities. What I had in mind was something unique. Entry number seven -- excuse me, entry number three is a fountain with -- would have the two Trade Center buildings in the middle with water coming down the sides. But my favorite from the first time I saw it was entry number seven as -- to echo some of Richie's words. It's the flag, the waving flag, which is patriotism to not only firefighters, police officers, EMS personnel, but to the armed forces. It sits on a replica of the United States of America. Around it are stones, which each would represent one of the states, and behind it is a park bench, which would be Shanksville, Pennsylvania, at one, also with the Pentagon, and the third would be the World Trade Center. This was my favorite, and I strongly urge you to vote for number seven. And I was very proud to be part of this whole project. Thank you very much. Page 183 April 26, 2005 CHAIRMAN COYLE: Thank you, Jerry. MR. VEIT: Thank you, Jerry. CHAIRMAN COYLE: Are you finished, John, with the presentation? Okay. So, Commissioners, we would ask that you agree upon the memorial to be selected and built on the grounds essentially in the area between the courthouse and what used to be the old supervisor of elections building. I certainly believe that we need something that is unique, is different, that inspires patriotism, that recognizes those who lost their lives, and provides some guidance historically about what happened on that day, and this particular memorial does that. It does all of those kinds of things, and I would urge you to seriously consider it. And I would make a motion that we select this entry. What entry is this, number seven? MR. VEIT: The actual order of selection was seven, 13 and three, as the order of progression -- CHAIRMAN COYLE: So the selection committee selected this as number one also, is that -- MR. VEIT: That is correct, sir. CHAIRMAN COYLE: All right. COMMISSIONER HALAS: Which one is the one on our -- that says Collier County Freedom Memorial with the arches and the American Flag flying? COMMISSIONER FIALA: Excuse me. I wanted to second that so we have room for discussion. Excuse me. CHAIRMAN COYLE: Okay, all right. MR. VEIT: And the precedence of order, the one closest to me would be three, seven, and 13. COMMISSIONER HALAS: Wait a minute. CHAIRMAN COYLE: Okay. That's better. Okay. That's one Commissioner Halas -- it's 13, Commissioner Halas. Page 184 April 26, 2005 COMMISSIONER HALAS: Thirteen, okay. COMMISSIONER FIALA: And it's going on the lawn between our building and the supervisor of elections building? CHAIRMAN COYLE: The courthouse building and the old supervisor of elections building, in that general area; is that right, Jim? MR. VEIT: Yes, that's correct. As part of the master plan where the parking is presently at the courthouse, adjacent and in between the human resources building now will be grassed area as they develop the parking lot out in the further part of the -- MR. MUDD: Commissioner, you just have to remember that we're going to have a courthouse annex, okay, that's going to come out in the green area, so we're going to put that green area farther out. Part of our plans is to get the parking away from the buildings. That's bad for security. And then we're going to extend that green area out, and that's where this would be located, sir. But that would be part of a design and site plan work that would be done, and I'll talk about that later after the board decides what they want to do. CHAIRMAN COYLE: Okay. Thank you. Okay. Any discussion? COMMISSIONER COLETTA: I think it's important to note that the funds that are going to be coming from this are coming from donations from outside of county government. CHAIRMAN COYLE: Yeah. And Jerry and the other guys involved are going to be very, very active in doing that. I would hope we would not exclude the possibility of some government participation, but it certainly would be our intent to try to get private funds to fund this. MR. MUDD: Commissioner, I would make a recommendation, so that you have an idea of what those funds would be, that from a government perspective, you do the design and the site work, okay, where it's going to be located and what it -- and what the design would look like, and you'll get an idea of what the costs are when you do Page 185 April 26, 2005 that. CHAIRMAN COYLE: Okay, good. MR. MUDD: And then the folks that work with Mr. Veit -- now, Mr. Veit's precluded from going out there trying to get donations, but the other folks can, and at that particular juncture, donations ca~ be used for the construction of the particular project. CHAIRMAN COYLE: Okay. But Jerry and Rich are good campaign -- good fundraisers, so I think they'll be able to help us a lot. Okay. We've got Commissioner Fiala, you were here first. COMMISSIONER FIALA: Okay. On this one, number seven, it has a lot of parts to it. Will that all fit on that land once the courthouse is enlarged and once our parking lots are in? It doesn't look like there would be very much land to accommodate that. CHAIRMAN COYLE: No. It's only 70 feet across, as opposed to that one, which is considerably larger. But this one -- this one is designed to be placed on a 70- foot wide piece of land. COMMISSIONER HENNING: Is that including the setbacks? COMMISSIONER FIALA: And that's 70 feet out there, huh? CHAIRMAN COYLE: No, we'll waive the setbacks surely for a government facility, right? COMMISSIONER FIALA: And that's 70 feet out there, huh? CHAIRMAN COYLE: Well, it really hasn't been identified. But what we will essentially be telling the county manager is, whichever one we select, find the room to put it in. That's essentially what it is. So whatever -- whichever one you select is the one that will be built, and the county manager will provide the space for it. Any other -- oh, I'm sorry, Commissioner Halas? COMMISSIONER HALAS: I like number seven, but what I like about number 13 is that it's -- the openness of it, in that any other government buildings that we have in the background, I think, will -- this will be in the forefront and you'll be able to still see the government buildings, which I think also depicts not only the Page 186 April 26, 2005 democratic way that we in the United States perform government, but also it shows that we have the American Flag and the freedom, and I think freedom and courage is probably foremost in all of our minds, because most of us, I think, on this panel, at one time or another, served on the military. So I guess I'm just partial to the columns and to the openness so that it doesn't obstruct the view of the other government buildings that will be on the -- on the campus here. CHAIRMAN COYLE: Okay, yeah. It's certainly the more traditional memorial. But the problem that you have with that one is that I don't believe we can build it as large as it is shown in that particular scale. COMMISSIONER HALAS: What was the scale on that, Commissioner? Do you happen to know offhand? CHAIRMAN COYLE: This one right here, I can't tell you offhand, but those columns are at least 25 to 30 feet high. COMMISSIONER HALAS: Do we have an architect in the crowd? MR. VEIT: We do have an engineer up front. COMMISSIONER HALAS: Yeah. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle, in your motion, would you include that the county will pay for the design of this? And this -- and that way we are a participant, everybody's a participant, and you could deal with issues about sites, and you also can also get a cost estimate, so the folks who are going to raise the rest of the money to construct it have an idea. CHAIRMAN COYLE: I would be happy to do that. And I would say to you that the people who have to raise the money, I think, have selected -- or are recommending number seven because they think that it will generate more interest as far as fundraising is concerned. Page 187 April 26, 2005 And there's even been some talk that you could try to get contributors for each one of those granite blocks to build that granite wall that symbolizes the flag. But, yes, I would modify my motion to select entry number seven and have Collier County to provide the initial design -- MR. MUDD: And the site plan. CHAIRMAN COYLE: -- and the site plan, and then look to other agencies for raising the private funds necessary to do the construction. MR. MUDD: Construction. COMMISSIONER FIALA: I'll include that in my second. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Call the motion. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying eye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. Well, it's hard not to like any of them, you know. They're all good. COMMISSIONER HALAS: They're all very good. CHAIRMAN COYLE: You know, the people did a wonderful job, and I'm very pleased that we had so many people from all over the United States, I think, submitting these designs. MR. VEIT: That is correct, sir. In fact, one of these entries was -- came in from Maine. CHAIRMAN COYLE: Really? MR. VEIT: Yes, sir. The other two are local. CHAIRMAN COYLE: When are we going to find out who the Page 188 April 26, 2005 artists are who -- we intentionally -- MR. VEIT: After you select the one that you feel is best suited for this county, all of that information, all of the artists and all of their designs would certainly be released at that time. CHAIRMAN COYLE: Okay, good. Well, the vote carried. We have selected number seven as the preferred design, although all of them are to be congratulated for their wonderful submissions, and I appreciate their participation, and certainly the help of those who've worked on this selection committee. MR. VEIT: For the information, sir, that you have asked, for number seven, I do have the three entries that are in front of you today. I hope I do justice in names, but I'm very terrible with them. Gerald A. Ladue, who resides in Maine, number seven. COMMISSIONER FIALA: He's here, oh. MR. VEIT: And we have the artist here available. CHAIRMAN COYLE: He's the one who designed number seven? (Applause.) MR. VEIT: Yes, sir. CHAIRMAN COYLE: Congratulations, Mr. Ladue. Thank you very much. Wonderful job. MR. VEIT: On, entry three, it was a local from Naples, Anthony Campla. I don't know if we have him here. And on the number 13, David Driapsa, with landscape architects, locally a Naples realtor, yes, SIr. CHAIRMAN COYLE: Excellent. MR. VEIT: And certainly we will go ahead and release the names of all the other entries, and you guys will be able to see the one I gave. COMMISSIONER HALAS: Thank you. You just got them. The newspaper reporter's back there. CHAIRMAN COYLE: Thank you very much. Page 189 April 26, 2005 MR. MUDD: Mr. Chairman, I would ask John if he'd do one more act, okay, in this process, is make sure we get thank you letters out with your signature on them. CHAIRMAN COYLE: Absolutely, absolutely. MR. VEIT: Yes, sir. CHAIRMAN COYLE: Yes. MR. VEIT: That's very much intended. CHAIRMAN COYLE: And you might want to just turn this around so that the audience can see it for the rest of the day. COMMISSIONER FIALA: And Mr. Chairman, could we have the artist, as long as he's here from Maine -- CHAIRMAN COYLE: Yeah, could we get a picture? COMMISSIONER FIALA: -- take a picture with his -- his drawing for our county government. CHAIRMAN COYLE: Yes, that would be great. Do we have a photographer handy, Jim? MR. MUDD: You from Boston, are you? MR. LADUE: Massachusetts. MR. MUDD: Massachusetts. Are you a Yankee fan or Boston fan? MR. LADUE: Boston. MR. MUDD: I'm going to ask you to just hold it, okay. That would be wonderful. CHAIRMAN COYLE: Do we have a -- COMMISSIONER HALAS: Wait till the cameraman comes, probably. CHAIRMAN COYLE: You might be holding that all afternoon. MR. MUDD: What we'll do is -- COMMISSIONER HENNING: Larry, don't you have a camera? COMMISSIONER HENNING: I think they went to get one. MR. MUDD: It's on the way. CHAIRMAN COYLE: Are they getting the shot with the Page 190 April 26, 2005 in-room cameras? MR. MUDD: Yes. But we're also going to get a still right now. CHAIRMAN COYLE: Okay, good. MR. VEIT: The lady you see approaching you is Sandra Arnold. Because of the compromised situation that I was in, she almost single-handedly had taken over this portion of Freedom Month, and a great recognition goes to Sandra Arnold. Thank you so much. (Applause.) CHAIRMAN COYLE: Thank you, Sandra. MS. ARNOLD: Thank you very much. CHAIRMAN COYLE: Thanks a lot, and thank you. I'd like to shake your hand. (Applause.) MR. VEIT: That does complete our presentation, sir. CHAIRMAN COYLE: Thank you, John. MR. VEIT: Thank you, sir. CHAIRMAN COYLE: Appreciate all your help. Thank you. MR. MUDD: Commissioner, that brings us -- how we doing-- CHAIRMAN COYLE: Back to item - MR. MUDD: That brings us to 9D. CHAIRMAN COYLE: 9D, back to 9D. MR. MUDD: 9D is an item that you asked to be brought forward, it's Commissioner Coyle, to discuss the growth management bill, House Bill 1865 and Senate Bill -- CHAIRMAN COYLE: Wait a minute, Jim. We were going to resume -- MR. MUDD: Excuse me. Mr. Yovanovich was postponed. CHAIRMAN COYLE: Yes. We're going to bring him back right now. Are you ready, Rich? How are you doing? COMMISSIONER HENNING: Let's take a recess. COMMISSIONER FIALA: We've got a couple other things we Page 191 April 26, 2005 can do. CHAIRMAN COYLE: Fifteen minutes, okay. We can go for 15 minutes, Rich. Or can you cover it in 15 minutes? MR. MUDD: Come on up, Rich. MR. YOV ANOVICH: I just thought we were going to take a break. CHAIRMAN COYLE: Okay. I'll tell you what. Okay. Let's do it simpler. Jim, let's go to the one you were planning on going to, I can get my discussion out of the way easily in 15 minutes, we'll take a break, and then we'll come to you and then we won't interrupt you, okay? MR. MUDD: Okay. It's 9D, it's an item that commissioner-- MR. WEIGEL: Excuse me, Jim, Mr. Chairman, because the motion to table was for one item only, you'll need to entertain another motion to table for another item only. CHAIRMAN COYLE: Is there -- COMMISSIONER HALAS: Let's get it out of the way. CHAIRMAN COYLE: I don't know if she can go forever. We're going to take a 10-minute break, and then we'll come back and do yours. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. Item #8C- CONTINUED FROM EARLIER IN THE MEETING CHAIRMAN COYLE: Okay. And we're going to hear 8C now, I hope. MR. MUDD: Yes, sir, and that's Warm Springs. CHAIRMAN COYLE: Okay. MR. MUDD: Mr. Yovanovich? Page 192 April 26, 2005 MR. GIBLIN: Commissioners, Cormac Giblin, for the record. I'd just like to see if I can summarize a few things from the affordable and workforce housing perspective and try to put this into a little bit of perspective in how this project can work into the county's overall affordable housing goals. As proposed, the developer is proposing to do 108 affordable and workforce housing units; that would be 54 affordable and 54 workforce. Last week I ran an MLS, Multiple Listing Service, search for homes for sale in Collier County less than $150,000. There were four homes for sale in the entire county less than $150,000. As proposed, this project would bring 54 homes for -- into the -- for sale at that range. The developer, by doing those 108 units, is basically putting forward a $19 million commitment to build affordable and workforce housing near to the urban -- or in the urban area. It would reduce traffic from Lee County or Immokalee coming into the work center every day. And just a few more things for -- to add a little bit of perspective. We're having an affordable housing workshop, as you know, next week, and that's why I've got some of these figures on the top of my head. One out of every six of our employees currently lives in Lee County and drives in every day to come to work. This is a true balanced community, inclusionary zoning and practice. And at least from the affordable housing department's perspective, is a very good project for Collier County. And any other assurances we can give you that it is such, I'd be happy to answer any questions. CHAIRMAN COYLE: Okay. Commissioner Henning has been on the board for a long time. Do you still have a question, Commissioner Henning? COMMISSIONER HENNING: That, maybe, was the previous Page 193 April 26, 2005 one. CHAIRMAN COYLE: Maybe it was from the last time, okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. I just want to make it perfectly clear that I'm not opposed in any way to affordable housing or workforce housing. What I have got concerns about is the e-mail that I receive on a daily basis of the people that have a problem getting in and out of the urban area. And I have some concerns -- and I know we're trying to address the capacities of the road. But even today as we approved Ave Maria and we approved additional traffic to be promised to that developer, yes, some of that traffic may go into Immokalee, but a vast majority of that traffic will be coming into Naples. Why? Because people will be going to the beaches, people will be going to the restaurants, people will be going down to 5th Avenue, and all this impacts our road system throughout that whole quadrant. Yes, I think that the developer has done a great job addressing some issues that we have in regards to roads. But I also look at the impact -- that as we develop out, that I'm concerned that we're not going to have the capacity for this. The other concern that I have is that the developer has been before us before -- and I know that it was someone else that owned the property, but when we approved the 250 units, I can't quite understand the reasoning why -- that when somebody buys something that they realize that they may have a problem in meeting the commitment or in meeting the price goals. So what we have done here is, when we opened up the discussion here, I said that -- I looked at all aspects of this and said, you know, I appreciate everything that the developer's doing, but I also got some -- still got concerns about the traffic. That's why I opened it up at three and a half units per acre, because I believe you were at two units per acre or less before. And I just have some concerns in regards to us Page 194 April 26, 2005 addressing all of the traffic and everything else that's coming into Collier County. We've got power failures, too. COMMISSIONER COLETTA: They're sending us a message. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Okay. Let me go over a couple of the facts as I see it. This affordable housing element down there, I can see this providing housing for the teachers in there, the schools in that area, I see it providing housing for the people that work over there in the Sweet Bay Market and the stores that are over in that area. I think that the direction that we're going is affordable housing element in this inclusionary zoning. That's the thing I've been hearing. That's what we've been aiming for. We finally have something happening that's going in that direction, and we're coming back on it for density. We know that the facts are very simple. When you're dealing with density, you can't deal density in affordable housing. You heard what the price of housing is in Collier County. Not so much the house, it's the land it sits on. The land that I purchased at 30 -- no, excuse me -- at $17,000 in '84 is now worth about $370,000. It's unreal. So when you get through with it and you divide the cost of that particular land up for housing, the only way you can put in anything that's affordable is by density of some sort. Now, we've listened to them about the traffic situation. And I'm going to have -- well, either Norm or Don Scott come up here for just one second, if I may, and I'm going to ask you a question. I'll ask it on the way down, because I'm sure can you hear me, Mr. Feder. The -- what we have here with the improvements that will be made to Treeline (sic) Road, to the back end of it, what we're looking to do to alleviate some of the traffic problems, will these Page 195 April 26, 2005 improvements be a net gain for the whole thing or will they be a net loss with the development that's going in? MR. FEDER: It looks like it will be a net gain. You're talking over 12,000 vehicles that will be handled even on a two-lane provision. But the key is, all of those trips have other avenues out, and they are metered in their impact to both 951 or Immokalee or Vanderbilt Beach Road, which allows us then to make sure that the primary arterials receive the capacity they need. COMMISSIONER COLETTA: Okay. Mr. Feder, does it make sense for us to phase this in so that we have a minimal amount of units on the front end and the majority of the units taking place after 951 and that six lanes is completed? MR. FEDER: Yes. If you could phase it in, obviously I'd much rather the impact not be there until 951 was fully constructed. What I heard today, I think, would be reasonable in the sense that I would recommend that you try to get some of your affordable and workforce housing in that first increment because they also will help in reduction of trip lengths and trip demand. The trips are going to be out there one way or the other. What we're trying to do is get them closer. 951 is becoming a larger area of commercial and employment, has to be. We also need some further east, as I said. But right now, a big area is 951. So having workforce and affordable housing in that area, I think, is very important. COMMISSIONER COLETTA: Okay. The next one here -- Jim Mudd, maybe you might be able to elaborate on. Do you remember when the original developer came to us for the housing issue, and it was -- what was presented was not all that advantageous, there seemed to be a stumbling block in there, the developer seemed to be fighting us. I think you can recall the situation quite well. At that point in time, the easiest way would be -- would just to be plain rejecting him, but I think the commission wanted to send a message by authorizing 250 houses being the limit that could be built Page 196 April 26, 2005 there. In other words, you know, it was a way of telling him, no, you haven't met the needs of the public, the affordable housing issue, you haven't met the needs on the road. Remember, they were in difficulty about donating it. The developer was hedging on it. This commission was very much put out by what was taking place at that point in time. So that number of 250 was set, I believe, just to give the developer the message that what he had offered was totally unacceptable. Do you recall that particular juncture when we came to it, Mr. Mudd? MR. MUDD: Commissioner, I can't -- I can't verbatim talk about how it went in front of the Board of County Commissioners, but I will tell you there was a lot of consternation amongst the commissioners about Nicaea Academy when it came in front of the board and what they were asking for. I also -- I think I remember, and I'm going to have to defer to Joe Schmitt or to one of the folks that did Nicaea as it first came forward. I believe the board didn't give him what he asked for as far his density was concerned, what he asked for. Joe? MR. SCHMITT: Again, for the record, Joe Schmitt, administrator of community development/environmental services. I could share who brought this petition, but we won't do that on the public record. But it was a petition that certainly, as Commissioner Coletta, you point out, was not well-received because the petitioner pretty much presented it, made no offer of any type of concessions that would make this original proj ect seem to be anything beneficial in regards to the public good or welfare. And when the petitioner came back again the second time -- and I'm not sure if that was -- that was not Rich at that time either. That was -- that was continued because it looked like it was going to go down in defeat. So, yes, this petition certainly is a repackaged version providing many incentives. Page 197 April 26, 2005 Again, I'm not promoting the project, but certainly recognizing there were many incentives created in this -- COMMISSIONER COLETTA: And Mr. Schmitt, your opinion is most valued by this -- no, don't go away. MR. SCHMITT: Okay. COMMISSIONER COLETTA: Don't go away -- by this commission, it's very valued. From what you can see, looking at this objectively, standing back and looking at the proposal with the affordable housing element, the road element, the phasing in, do you see this as a net gain for Collier County, or do you see this as a loss for residents that live in Collier County? MR. SCHMITT: I see it, frankly, as a net gain. When I look at the site, the site is not overdeveloped. Probably 50 to 60 percent of the site is in preserve. The density certainly is just a half a dwelling unit above the minimum, which is four dwelling units an acre, given the benefits that the county will be receiving in regards to the traffic improvements and the affordable housing, and in considering all the other surrounding, already approved and surrounding proj ects, this is in no way near some of the other density in some of the other proj ects in and around that area. So I, frankly, supported it, and that's why staff supported this project overall because of the benefits of the public good coming out of this. COMMISSIONER COLETTA: Before-- MR. SCHMITT: Yes, it is an impact in that road network, but as you heard Mr. Feder -- and there are projects to improve the capacity in that area. COMMISSIONER COLETTA: Mr. Feder said it would be a net gain to the road capacity by the fact of the contribution of the right-of-way and what we would get out of it when we finished the -- what do you call it, the secondary road in the back of the place -- MR. SCHMITT: Yes. Page 198 April 26, 2005 COMMISSIONER COLETTA: -- to be able to take traffic. So we don't have a negative. We have a positive there. We have a positive in the affordable housing part of it. We have a positive in the fact that we're willing to offset the development of this until that point in time that the road is in place. Mr. Y ovanovich earlier, I believe, agreed that he would put off the affordable housing element, it would be his option, reduce it by that much until it got to the back side. I'd made a motion, there was a second to it, and never went any farther with it. That motion was never retracted and it was never voted on. MS. FILSON: Correct. COMMISSIONER COLETTA: And at this point in time, I'd like to reinstate that motion and see if I still got the second on it to be able to go forward with the proposal that we go with staff recommendations and that we phase this proj ect in in accordance to the number of affordable and workforce housing units to be on the back end rather than on the front end. COMMISSIONER HENNING: Second still stands. COMMISSIONER HALAS: Commissioner, what was your density on that? COMMISSIONER COLETTA: The density remains the same. You can't do it without the density. COMMISSIONER HALAS: Five hundred forty units? COMMISSIONER COLETTA: Mr. Yovanovich? MR. YOV ANOVICH: Does that also include the setback being 50 feet for the first 1,000 feet on Tree Farm Road? COMMISSIONER COLETTA: That's correct. MR. YOV ANOVICH: Okay. I just wanted to clarify that as part of the motion. CHAIRMAN COYLE: We have a motion by Commissioner Coletta and a second by Commissioner Henning. Any discussion? Page 199 April 26, 2005 COMMISSIONER FIALA: Yeah. Just -- I just want to say something. This has been very difficult. And the only saving grace is, the only saving grace is, in my opinion, is that it's going to connect that roadway system and we're going to finally start building a grid out there, which means -- and the thing I've been so adamant about all along is, not to approve any density on a failed road because then you just doom it to continue to be failed. But by phasing this in and then not building the rest of it until the road is complete, but that means that we have other roads to connect. I guess I could -- I guess I could go along with that. COMMISSIONER HALAS: So what are we talking density here? What's the -- how many units? CHAIRMAN COYLE: Five hundred forty units. MR. YOV ANOVICH: That's my understanding. And if I could just say one other -- one other thing, if it's okay, you have a developer who's willing to come in and address a different price market than a lot of other developers. Please understand that at the 250, we're not shying away from that commitment, Commissioner Halas. We can build those units. They'll be much higher priced units, and we'll -- you know, they'll end up -- they'll making -- they'll make money, but he -- that's not his market. He's trying to address a niche in the market that's not addressed by most developers. Most of the projects are the highest of the high-end. You can make plenty of money on 250 units at the highest of the high end. The 540 we're talking is about is a different market, a market that Collier County needs, and in exchange for that, we're addressing the transportation issue, that's a big issue, as well as affordable and workforce housing, and that's why we're at the density we're at. COMMISSIONER COLETTA: I'm going to keep the floor for just one minute. I want to remind everybody, too, that the motion maker is voting -- is putting something forward, not that I expect to Page 200 April 26, 2005 this to be any determining factor, but I just want you to keep in the back your mind, this isn't a district that I represent. And I've talked to many, many people up and down that road. A lot of them are very concerned about anything going in. But for the most part, you don't see a number of people here up against this today. For the most part, they see this as a -- I'm sorry, Mr. Schmitt, do you have something you want to add? MR. SCHMITT: I just would want to, if I could, ask you to consider, rather than putting all the affordable housing towards the end of the proj ect, I think it should be integrated throughout the construction of the project. COMMISSIONER COLETTA: I couldn't agree with you more, but I don't know if that's going to be the thing to be able to carry it. COMMISSIONER FIALA: Heck, yeah, yeah. I mean, you've got to put -- I mean, you've got to put -- you'd have to start it in the beginning. MR. SCHMITT: I think that certainly the developer is willing to do that, and I think it would be far more -- COMMISSIONER COLETTA: Then I'd be more than willing to amend my motion if that would, you know, get the support of the remainder of the commissioners, that we -- I mean, because I'd love to see it -- I'd like to see it built before anything else, to be honest with you, but I know that's not practical. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. The gentleman that's going to be doing the development out there, we're talking about workforce housing and affordable housing. Can you give me a breakdown of the price range of what you consider affordable housing, and then a price breakdown of workforce housing, then what your -- what the product line is going to be? MR. YOV ANOVICH: Sure, I'd be happy to. First of all, to me workforce housing, we have to sell it to people who make 100 percent Page 201 April 26, 2005 or less of the median income, so they're going to have -- and there's formulas that Cormac will tell you that we're going to have to make sure that they don't spend, I think it's more than 30 percent, of their gross income on housing costs. Now, on the affordable it's 80 percent or less of the median income. Current anticipated market price -- and, you know, things with concrete can change and things like that, the highest end unit right now is currently projected to sell for two forty-nine nine. COMMISSIONER HALAS: Two forty-nine nine for -- MR. YOV ANOVICH: That's the market rate units. That's the market rate units. The affordable units are tied to percentage of income. So if interest rates go up, the price we can sell the unit for comes down. Right, Cormac? And so we're locked in on -- 54 of those units have got to be sold to the people that make 80 percent of the median income. Median income goes down, our prices come down. COMMISSIONER FIALA: What about workforce? MR. YOV ANOVICH: And workforce is tied to 100 percent. So if the median income comes down, the price of the unit comes down, as well as if interest rates go up, the price of the unit comes down. So you're guaranteed that 108 of these units of the 540 will serve those sectors. MR. SCHMITT: And that -- just for the record, that's about $150,000 for that rate for affordable housing. COMMISSIONER HALAS: Is that workforce housing or affordable housing? MR. SCHMITT: That's affordable. COMMISSIONER HALAS: What's it for workforce then? What's the median income? It's about 48,000, isn't it? MR. GIBLIN: Commissioner, the current median income in Collier County is $63,500. Page 202 April 26, 2005 COMMISSIONER HALAS: Is that -- I've heard two figures. I hear one of 48 and I hear one of 60 some thousand, and that's because of the retirees and what they're getting. So the workforce, the people that are working, what -- that's income, is 63,000? CHAIRMAN COYLE: No, Commissioner. The income is the total household income, not the individual income. And the total, or average, or the median household income in Collier County is around 63-, 64,000, that's where that figure comes from. And the affordable housing house costs are based on household income, not individual income. That's why you'll hear figures that are higher than what average income is. MR. GIBLIN: The thresholds for affordable and workforce housing are based on a -- on the county's median income, either at 80 percent or 100 percent of the median, adjusted for family size. CHAIRMAN COYLE: Median family income, not individual. MR. GIBLIN: Median family. So the sixty-three five number is based on a family size of four at that 100 percent of median income. If it's only two people, it's less. It's about a 4- or $5,000 reduction or addition for how many people live in that house. COMMISSIONER HALAS: I don't understand when you say for four, and you've got a husband and wife and you have two children. MR. GIBLIN: That's a family of four, and the maximum income in that house -- COMMISSIONER HALAS: Okay. So if you've got two people, don't they make the same amount of money? MR. GIBLIN: No, their income limit for that unit would be about $8,000 less. It's adjusted for family size. So a single person at the 80 percent of median level can only earn $39,100. And so the price point would have to meet that, assuming he were building a one-bedroom unit that a single person would be interested in. MR. MUDD: So, Commissioner, if you were talking about a Page 203 April 26, 2005 workforce housing price, take that 63, multiply it by three, and that kind of gets you in the ballpark of what it's going to go for. It would be about $190,000. That's how you do that salary, just multiply it by three, and that tells you what the property should cost. It's the easiest way I can do it. CHAIRMAN COYLE: Do we still have a motion? COMMISSIONER COLETTA: Yes, you sure do. CHAIRMAN COYLE: Okay. And you've got it seconded by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Opposed, like sign. Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: So it fails, with Commissioner Henning -- Commissioner Coyle and Commissioner Halas dissenting. COMMISSIONER COLETTA: Well-- COMMISSIONER HENNING: I voted in favor of it. MR. MUDD: No, he basically corrected himself, sir. He said Commissioner Coyle and Commissioner Halas voting against it. COMMISSIONER COLETTA: Well, I'm just wondering if the two opposed people, if they may have a countermotion that may work? You know, I hate to see all this work to try to get this right-of-way and the roads and all that go by the wayside. COMMISSIONER HALAS: Well, my motion would be for a density of 3.5 units per acre. CHAIRMAN COYLE: That's 416 units. COMMISSIONER HALAS: That's 416 units, yeah. MR. YOV ANOVICH: No, we can't do that. COMMISSIONER HALAS: And it would be in proportion to -- Page 204 April 26, 2005 the amount of workforce housing would go down in proportion to the full amount that you requested for originally. MR. YOV ANOVICH: I understand, but the numbers -- the math doesn't work. It's still -- it's still too many affordable housing units for the increase in density. I would hope, Commissioners, that there is -- there's another number. COMMISSIONER COLETTA: If I may, I'm going to ask the question directly to you, Commissioner Coyle. You stated that your concerns are up in Tallahassee rather than down here in Collier County, what may happen sometime in the future, and that greatly disturbs me, because what Tallahassee mayor may not do shouldn't undermine the stability of Collier County. We should be able to be ready to be proactive at that point in time. Is there any way that you could work your way around this to be able to make a motion that would work on this? CHAIRMAN COYLE: Well, let me try to correct your perception a little bit. Yes, I'm concerned about the future in Collier County, not necessarily the future in Tallahassee. I am concerned about approving too much density increase for the future because of my fear that we will not be able to keep up with it and that it will have an inappropriate impact on our transportation system. I fully understand that affordable housing, theoretically, reduces travel on the roads, but I also know from past experience that people do not always live close to where they work, so -- and there's no assurance that the people who would buy in this particular housing development would work anywhere nearby. They could just as easily commute all the way to Immokalee, as they could commute all the way to Naples. So I'm not particularly persuaded by the argument that is has a major -- or even a detectable impact on traffic on the roads. So I am concerned about the ongoing practice of taking property Page 205 April 26, 2005 that is zoned for one density and having it rezoned for a substantially higher density. I am willing, however, to give density bonuses for affordable housing developments, but I do not see at the present time in this development a necessarily high percentage of affordable housing that would justify this kind of density increase, and basically that's where COMMISSIONER FIALA: What do you think about four units per acre, which would be allowed by right on the land? CHAIRMAN COYLE: I guess I could get to that point. COMMISSIONER FIALA: That's 476; 476 units. CHAIRMAN COYLE: I guess I could get to that point if there were sufficient affordable housing units there. COMMISSIONER FIALA: Because that would be what they would be normally allowed anyway, four units per acre. That means there's no density bonuses here. CHAIRMAN COYLE: Well, actually they're allowed 250 units. That's the problem. You know, that's where they're starting is at 250 units. MR. YOV ANOVICH: And I appreciate that. You had a guy -- and, frankly, you guys offered 476 units, and he walked away from that offer, the previous developer. Why he did that, I've got no clue, and that didn't include any affordable housing, it didn't include any workforce housing. You're talking about a man who's coming in and saying, in exchange for 290 additional units, he's willing to give 108 that address workforce and affordable housing. Our buildings are 18-unit buildings. The number that works for us is 504, which is 4.26 units per acre, and -- or 4.24. I can't remember if it's 4.24 or 4.26. And since they're 18-unit buildings, 90 workforce and affordable, split 45/45, that brings the density down and still addresses the grid, Page 206 April 26, 2005 which I think we all acknowledge, we need to address the transportation grid. And, again, with the 180, and included in that would be the percentage of affordable, you know, one-third of -- or it wouldn't be one-third anymore, it would be whatever that number would be, be a percentage of the affordable and workforce, would be constructed during that first phase. I do believe that this is -- you're sending a message to developers as to, do you or do you not want to include an affordable and workforce element in their projects. I mean, this is -- this is a guy who's coming back and saying, I can do 250, I'll just sell them for more money, or I can do inclusionary zoning. COMMISSIONER FIALA: I think the first message we're really sending out is, do we want to stop our roads from being so impacted, and do we want to plan for the future. MR. YOV ANOVICH: Sure. COMMISSIONER FIALA: That's really the message. Even as much as you can see people agonizing over the affordable housing, or whatever the issue is at the time, most important thing is we're planning for the future, and everybody's going to have to live what we do up here. MR. YOV ANOVICH: Right. And this developer has already given Tree Farm Road right-of-way and agreed to build-- COMMISSIONER FIALA: That was the swaying point -- MR. YOV ANOVICH: -- and is willing to work with Massey, which is the grid. I mean, transportation is the primary issue, sure. COMMISSIONER FIALA: I just wanted to set the record straight as to what message we are sending. MR. YOV ANOVICH: And I hope we're addressing both. We're addressing both transportation and affordable housing and workforce housing in our proposal. CHAIRMAN COYLE: How can we get any guarantee that these Page 207 April 26, 2005 houses -- the cost of these houses will not inflate dramatically before they're built? MR. YOV ANOVICH: The workforce and affordable? CHAIRMAN COYLE: No, I'm talking about the others, the two forty-nine nine. MR. YOV ANOVICH: Well, economics would kind of tell you, Commissioner, as far as the marketing and how -- you're really not going to be able to put $500,000 units with 150,000 and $200,000 units. There's going to be increases in costs, so I can't -- I can't guess. Nobody saw fill going up as much as it's gone up, and nobody saw concrete going up as much as it's gone up. You've locked in 108 units. By locking in those 108 units, you've probably tied our hands on a market rate number. I mean, I can't guarantee what that ultimate number would be. But if you just look at mix of the project, I don't think it can get into the -- you know, the super high-end range. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, 4.52 is what the number is that you are looking for. We've had it suggested that four would be a number that would work, and, of course, you said it wouldn't, and you were very blunt about it, and I appreciate your honesty, and I believe it wouldn't work. I don't think you're going to accept it, you know, unless you came back with nothing but upscale housing for it, which I'll tell you what, I'll never vote for it. I don't give a darn what comes through this place anymore. If it doesn't have affordable housing element in it, it's going to get a negative vote from me. But let's talk for just one minute. You're talking 4.52 that you need to make it work. We're talking four that Commissioner Coyle has concerns with that this shouldn't go above. Is there any way on God's Earth that you can make it work with -- split the baby with 4.25? Page 208 April 26, 2005 MR. YOV ANOVICH: And that's what I'm proposing. At 504 units, that would be halfway between our request and the four that Commissioner Coyle-- CHAIRMAN COYLE: That was Commissioner Fiala. MR. YOV ANOVICH: Commissioner Fiala, sorry. I mean, that's the number. COMMISSIONER COLETTA: And I think it's wonderful, but I'll tell you what, I can't make that motion now at this time. I think that it would have to be one of the two dissenting commissioners that would see some saving grace in that that would make that or else we're going to go through this whole charade one more time. MR. YOV ANOVICH: I've got to -- let's not forget other projects in the area. Unless W oodcrest/Massey gets done, you know, Habitat for Humanity has a project up on Woodcrest Road. Ifwe don't get that done, that habitat project doesn't get done. And that was something that was very important to Heritage Bay . You know, we -- this is -- this is a bigger scale issue than just our particular project. CHAIRMAN COYLE: Commissioner Halas had a motion earlier. COMMISSIONER HALAS: My motion was that -- it still stands at 3.5 units per acre. I think that's an increase -- a great increase from what we started with. MR. YOV ANOVICH: I'm sorry. What was the number? COMMISSIONER HALAS: Three point five. MR. YOV ANOVICH: Okay. You know, 416 units is basically an increase of 166 units, of which 41 of them would have to be affordable or workforce, and the mathematics just don't work for the proj ect to be successful. We're -- if this were virgin land and didn't have any zoning on it, I don't think we'd be having such a hard time with this issue. There's some history with this piece of property where a developer was not cooperative. Page 209 April 26, 2005 You've got a guy who took over and is saying, I want to work with you, and probably would have gotten you to where you wanted to be a couple of years ago had you had a different developer standing in front of you. I don't think a density of 4.5, if you forget what's there today, is that different than what's already in the area. And bringing it down to four and a quarter is truly not unreasonable. I mean, Bristol Pines, immediately to the south, did an affordable housing density bonus agreement and got more than four units per acre. I mean, we're not out of line with what other developers are doing for -- in the area. MR. MUDD: Mr. Chairman, if I could just ask one question. Mr. Y ovanovich, on this particular item, Commissioner Halas just talked about 416, and the dynamic that's on the table is 10 percent affordable and 10 percent workforce. Is there something that you can do with those percentages, for instance, could it be 15 percent workforce and 5 percent affordable to make the numbers work or does it -- or would it have to be -- or could it be 20 percent workforce, no affordable, in order to get it in the range? Have you done that kind of math? I just -- I just ask that question. That's all I have, sir. COMMISSIONER HALAS: How about if we go 3.7, and 5 percent is workforce and the other 15 percent is -- or excuse me -- yeah, and then the other 15 percent was workforce housing? Because workforce housing, your overall price of that is higher than affordable housing. COMMISSIONER FIALA: Yeah. And we lack that the most. CHAIRMAN COYLE: Or make it all workforce housing. COMMISSIONER HALAS: Or make it -- yeah. That's his option. You either can have affordable housing or he can have it all workforce housing, and we'll up the rate to 3.7. MR. YOV ANOVICH: Commissioner Halas, I can't do 3.7 times Page 210 April 26, 2005 119 in my head. Does anybody have a calculator? CHAIRMAN COYLE: That would be about 440 units, be 440, 450, something like that. COMMISSIONER HALAS: That's my highest bid. CHAIRMAN COYLE: I can do that in my head. COMMISSIONER HALAS: And you have your option whether you can do affordable or workforce housing. I think the -- as you can see, the consensus on the board seems to be workforce. MR. YOV ANOVICH: I'm sorry, but you're throwing out numbers, and we've got to make some calculations. I hate to say, do you want to table this again, or do you have another item? COMMISSIONER FIALA: We've got all the Lakewood people sitting here. Do you want to get them? CHAIRMAN COYLE: I'm sure they'd like to get through this. MR. YOV ANOVICH: I mean, I've just got to -- we have to go figure. COMMISSIONER HALAS: Okay. Have you got a clear direction of what we just said? MR. YOV ANOVICH: I heard you say 3.7. COMMISSIONER HALAS: That's right, and then you have an option of either using a percentage for affordable housing, or you can use a larger percentage for workforce housing. Workforce seems to be where the commission here is looking at. MR. YOV ANOVICH: Right. And I need to understand what the percentage of those -- what did you tell me, 440 something units? MR. MUDD: It's 440 units, and the commissioner has on the table, you need to tell him which percentage of workforce, which percentage of affordable you can do with the 440. MR. YOV ANOVICH: Okay. MR. MUDD: Still staying within the 20 percent. MR. YOV ANOVICH: Okay. MR. MUDD: So you can still subtract from that, you know, and Page 211 April 26, 2005 move that around based on -- MR. YOV.ANOVICH: I hear what you're saying. CHAIRMAN COYLE: Just so you understand, when we're talking about workforce housing, we're talking about generally prices for homes at $150,000 and above, going up to close to $200,000. MR. YOV ANOVICH: It needs -- you have a definition, unfortunately. I mean, you have a definition that says 100 percent of the median income. CHAIRMAN COYLE: Yes. MR. YOV ANOVICH: So I've got to stay in whatever that works out to be. CHAIRMAN COYLE: Median household income. MR. YOV ANOVICH: Correct, median household income. CHAIRMAN COYLE: Okay. MR. YOV ANOVICH: A family of four would be 63. CHAIRMAN COYLE: Yeah. Family of four, and three times that -- MR. YOV ANOVICH: I understand, I understand. CHAIRMAN COYLE: Okay. And then if you go with a family of six, you get a higher figure. You go with a family of two, you get a lower figure. MR. YOV ANOVICH: It's the 20 percent number that I needed to hear -- CHAIRMAN COYLE: Yeah, okay. MR. YOV ANOVICH: -- while we go crunch our numbers. MR. MUDD: Commissioner, if you'd like to -- CHAIRMAN COYLE: And then we need to make a motion to table this until -- COMMISSIONER COLETTA: Motion to table. CHAIRMAN COYLE: -- after the Lakewood thing is done, right? MR. MUDD: Ironwood. Page 212 April 26, 2005 CHAIRMAN COYLE: Ironwood, I'm sorry. The Ironwood thing is done. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. We've got -- 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. Any opposed, like sign? (No response.) CHAIRMAN COYLE: Okay. It's tabled. Let's do- Item #10E REJECT COUNTY STAFF'S RECOMMENDATION TO PURCHASE IRONWOOD GOLF COURSE AT AUCTION IN AN AMOUNT NOT TO EXCEED $1~100~000 - APPROVED MR. MUDD: Commissioner, the next item is 10E. It's a recommendation to authorize county staff to purchase Ironwood Golf Course at auction in an amount not to exceed 1.1 million, but I believe there was a correction this morning that was read in, and I'll read it. Under consideration, the third paragraph should read, the Clerk of Courts will conduct a foreclosure sale of the property described in Exhibit A of the final judgment in foreclosure on May 4th, 2005. Board approval of this action will authorize Public Services Division Administrator Marla Ramsey, or Assistant County Attorney Jeff Klatzkow, or their designee, to bid up to $1.1 million on the property pending receipt of two appraisal values equal to or greater than, rather Page 213 April 26, 2005 than less than in the write-up now, the authorized purchase amount. And Murdo Smith will present from parks and rec. MR. SMITH: Good afternoon, Commissioners. For the record, my name is Murdo Smith, parks and recreation. The item before you today is the purchase of Ironwood Golf Course at public auction. The golf course is in foreclosure, and the auction will take place on May 4th, 2005, at 11 a.m. The executive golf course lies south of Davis Boulevard and east of Glades Boulevard within the Lakewood subdivision. The course is approximately 33 acres of land and includes a golf course, clubhouse, and maintenance facility. Various uses of the facility are at issue, so I will give you some details on staffs ideas that are included in the executive summary. The ideas proposed are workforce housing, passive recreation, and stormwater management. Workforce housing would be the most feasible in parcel D -- and Amanda can show you where parcel D is -- with access from the existing park area where the clubhouse also is. It is estimated that 24 units could be built. Development will require rezoning and vacation of drainage easements at that site. Proposed recreational uses also include Frisbee golf, which would be most feasible in parcel A and the northern portion of parcel D. A playground would be possible, located in parcel C, and the use for remote controlled boats in parcel B. If the property were used for stormwater or recreation, our existing cart paths would be upgraded for walking, biking, and inline skating, and we could also put some picnic tables and benches and so forth around the lakes, and it would be a very passive area. The restaurant could be operated through a concession or through a partnership with Lorenzo Walker Institute. We've talked to Lorenzo Walker Institute Yo-Tech, and they're very willing at looking at helping us with the restaurant. We've also asked them about having a class on golf course Page 214 April 26, 2005 maintenance. Currently they do not have one, but they would be very interested in having one, so that is also an option. The existing parking and maintenance shed would be retained and an exterior access to the rest rooms and restaurant building would be needed. The suggestion of purchasing the golf course was brought to the Parks and Recreation Advisory Board by the Lakewood residents in January. Staff returned with a feasibility study in March that indicated the course would operate at a loss. Staff recommends against the purchase of the operation as a golf course. The Parks and Recreation Advisory Board chose to table the item until staff could identify the purchase process and funding sources. The executive summary that you have before you was presented to the Parks and Recreation Advisory Board at their April 21 st, 2005, meeting where they chose to consider the information only and did not make a motion on it, but suggested that the county pursue the purchase of the land at auction. If the county is the successful bidder, a non-refundable check in the amount of 5 percent of the final bid is due at the time of the sale. The remainder is due the next -- next day. If the board approves the purchase, then two appraisals will need to be done, and those appraisals will be done if the board approves the purchase, and they'll be submitted to us prior to the auction on May 3rd. And if you have any questions, I'd be welcome (sic) to answer any questions you may have. CHAIRMAN COYLE: Okay. Commissioner Henning, did you have a question? COMMISSIONER HENNING: Yes. I guess this is for legal staff. If -- it's going into foreclosure from the bank. If the bank forecloses on it, they still have to adhere to the code as far as Page 215 April 26, 2005 maintenance of the property? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Okay. The suggestion about workforce housing or affordable housing, the property is zoned three units per acre existing. With a total acreage of three hundred and -- or 33 acres. You get quite a bit of affordable housing. I don't know if you realize that. MR. SMITH: I think the zoning, Commissioner, is called golf course zoning, and anything else would need a rezoning on that. COMMISSIONER HENNING: Okay. I had a correspondence from David Weeks. It has a zoning of three units per acre on the zoning map. But I don't think, Commissioners, that is going to happen, just as Warm Springs is going to happen. So if the bank still has to adhere to the laws, then do we get reimbursed for our cost during foreclosure, since we aren't filed ( sic)? And somebody comes in, either the bank gets it or somebody else bids on it? MR. KLATZKOW: Jeff Klatzkow, county attorney's office, for the record. It depends upon the auction price. If the auction price exceeds the mortgage, it will be a surplus. Out of that surplus, our fines would be paid. Right now our fines are approximately $27,000. COMMISSIONER HENNING: Okay. Now, if the first -- the bank auctioned it off and it's less -- it covers their costs, our foreclosure or our -- MR. MUDD: Lien on the property. COMMISSIONER HENNING: -- lien on the property doesn't go away, correct? MR. KLATZKOW: Our lien on the property would be foreclosed; it would go away. If the auction price is less than the mortgage that is on it, our lien gets foreclosed and it gets wiped away. COMMISSIONER HENNING: Okay. MR. KLATZKOW: So we don't really have any costs involved Page 216 April 26, 2005 in this. It's not like we mowed the golf course or anything. This is just a violation cost of $50 per day. COMMISSIONER HENNING: Right. Oh, okay. MR. KLATZKOW: It's not out of pocket, sir. COMMISSIONER HENNING: It's not out of pocket? MR. KLATZKOW: No. COMMISSIONER HENNING: I'm more inclined to let it go through the foreclosure, and, you know, let the market do its job. But I'll wait and see what Commissioner Fiala says. CHAIRMAN COYLE: Commissioners Fiala? COMMISSIONER FIALA: Well, I think that's a good suggestion, too. I was going to make a couple comments, but I'm just satisfied with what Commissioner Henning said, but I'll make the comments anyway. There is a restaurant onboard here that -- I believe it serves 125, 150 people. And what they used to do is, they -- it doesn't mention this in any of our materials, but they leased it out every year for . 600,000 a year, and that helped to handle some of the costs. And as you talked with V 0- Tech, you know, when I was thinking about a golf course class, I thought it would be a great thing for kids. I think Charlie Cortright had been talking with a golf pro over at Naples Beach Hotel last year. His last name was Gunther or something like that, wasn't it? MR. CORTRIGHT: Larry Ganzer. COMMISSIONER FIALA: Gan -- okay. And he felt he really wanted to hold classes there for kids. And they talked with V 0- Tech who said they would be -- they thought it would be wonderful to offer golf course maintenance classes, and that would include things like irrigation and pesticides and fertilizers and so forth. They felt that that's a good profession here in town, and if we would just provide the materials, they would maintain the course, and I thought that was a good idea too. Page 217 April 26, 2005 And let's see. What else? I had a couple other notes here. But -- oh, and the figure. I just wanted to challenge the figures just a little on the feasibility study. I don't know much at all about the price of equipment or sprigging of fairways. I mean, I couldn't challenge any of that even if I tried. But where we were talking about maintenance staffing at 375,000 a year, and they say eight maintenance workers, one crew leader, one irrigation technician, and one chemical technician, and on the other course that's right there in Lakewood, they only use three people. And I was wondering why we would use, what is it, eight, nine, 10, 11 people for a course that is smaller than the other course, and they only use three. Plus, then we'd need a superintendent and a pro shop manager and pro shop staff, and I believe they only had one pro shop employee, four, and here you've got five. So I thought that these figures were a little inflated. Sometimes that happens and we don't get figures that are even believable. And in this case, I believe that that's the correct thing. And they figured it -- and Charlie Cortright was the one that offered this information. They were figuring on some of these -- hello. COMMISSIONER HENNING: Was that your buzzer? CHAIRMAN COYLE: Your time has expired. COMMISSIONER FIALA: Oh, my goodness. I wanted to haul that thing out, and I don't think I believe I have it here. But they were figuring some of these expenses as they checked with the golf courses around Florida? MR. SMITH: Yes. COMMISSIONER FIALA: Right? MR. SMITH: Yes. COMMISSIONER FIALA: And they were just giving you an average -- MR. SMITH: Yes. Page 218 April 26, 2005 COMMISSIONER FIALA: -- but these golf courses are between 6,600 and 7,200 square feet; is what it's called? MR. SMITH: Pars, yards. COMMISSIONER FIALA: Yards -- whereas this one's only 2,200. It's kind of hard to even believe those figures when it's like a third of what the other golf courses are. And so I just felt that it -- I'll tell you, it would be hard for me to believe any of this stuff when the figures seem to be so different than the actual figures that have been coming out. Not only that, but from what I understand from the people that -- not the guy that runs it now. The guy that owns it now has been -- Jeff can probably tell you, he's -- he probably has a few other businesses that use the money from this. Is that nice enough to say? Yeah. Let me say that the money hasn't gone into the business. But before this guy took over and decided to line his other businesses' pockets, it was a nice little profitable business over there. After all expenses were paid, they'd still make hundred and a quarter, a hundred and a half a year, and I thought that that was great. And you've got those figures, right, fellows? So I just wanted to put that on the record. I kind of like Commissioner Henning's idea though, just drop it. That's my two cents. CHAIRMAN COYLE: Okay. Any other questions by commissioners? (N 0 response.) CHAIRMAN COYLE: We have three speakers. Could we call the first public speaker, please. MS. FILSON: Yes, sir. Felix Birnbaum. He'll be followed by Charles Cortright. MR. BIRNBAUM: I live in Lakewood in Villa 7, and I represent 44 homes. Now, I've talked to our people all around the circle, and they disagree with what you're trying to do, that this should not -- that Page 219 April 26, 2005 this should remain a golf course. It should not be workman's (sic) housing, recreation facilities for Frisbee, remote control model cars, et cetera. Now, it should be a golf course and can be a golf course if properly -- I'm sure the city can do a better job than the man that owned it; I'm sure of that. And this -- when you're talking what you just said, you know, the owners of the Lakewood Villas north, the owners of the Lakewood single- family homes, owners of the Winter Park and owners of the Glades, they're all affected by this golf course. And if you choose to go with the workforce housing and all these other facilities, God help us. Where would our houses go? They'll deflate. I'm sure they would. They wouldn't inflate. And I just feel that it should remain a golf course. Thank you. MS. FILSON: Charles Cortright. He'll be followed by Wayne Dahlstrom. MR. CORTRIGHT: Commissioners, for the record, my name is Charles Cortright. I personally believe that Collier County has the finest parks and recreation commission facilities any -- equal to any in the United States. I have been to three of the Parks and Recreation Advisory Board meetings trying to convince them that this is a one-time opportunity to afford to people of all ages affordable golf. Several members of the board commented that the weakest part of the recreation program in Collier County is that we have no golf. We have no golf program, other than a three-session golf lesson in August for $80. For 15 years I have lived on the Ironwood Golf Course and have seen firsthand the enjoyment that tourists, the youth, and seniors have when playing the course. I ask you, where does the youth learn to play golf in a county of over 90 golf courses? When staff wrote the executive summary, an impossible suggestion for this land was to build workforce housing. With a third Page 220 April 26, 2005 of the 33 acres in lakes, this idea borders on the ridiculous. Also, the use for a golf course was mentioned by members of the advisory board to be put into the summary, and the answer was, nothing can be added now. In 28 years, the course has fulfilled a niche in the community and brought enjoyment to many who enjoy affordable golf and would be the beginning of a golf program for the county. I doubt if this opportunity will ever rise again. We have figures to prove it could be profitable in addition to the parks and recreation activities. A report -- as Donna mentioned, a report was issued by staff, but the figures were used for a long course, and these figures were highly inflated as to the cost of maintenance. I ask you, the Ironwood Golf Course has been there for 28 years. If they didn't make a profit except the last year, how could they have stayed open? This course has the potential of earning up to $250,000 a year, which it did when it was run properly. Thank you. MS. FILSON: Your final speaker is Wayne Dahlstrom. MR. Dahlstrom: For the record, my name is Wayne Dahlstrom. I'm a golf professional at the Country Club of Naples. My job before that was general manager and head golf professional of Ironwood Golf Club. I was there for two and a half years, cutting grass, giving lessons, ringing upon sales, running the whole operation from the ground level. The key with that golf course was -- and I guess I would like to break it down in two parts, why we are where we are today is the key, and where we can go tomorrow. The problem with the golf course is that we had the wrong ownership. I know firsthand. This is the asset right here of the golf course. I'll use this podium as an example. An absentee owner had this asset. He borrowed money against this asset from banks and other sources, took the money to other Page 221 April 26, 2005 facilities or other stock options or issuing areas, used that money to expand his holdings, and using the cash flow from this asset, the golf course, Ironwood, to sustain those other operations. And the only reason the golf course is in the condition it is today, I'll use one word, greed. He was making -- in its prime in 1996, I understand it was grossing $650,000 a year. The cost to operate that golf course at that time was like 300,000, 350-. He was putting into his pocket over $300,000 a year. And eventually the $300,000, gee, if I'm talking about 650- and I'm talking back to my own pocket 300,000, maybe I should take 400,000, maybe I should take four and a quarter. And over the years, what happened was more money was taken out before it was put back in, and the course started to die. And as the course started to die, the plays started to drop. So consequently, this course closed May 8th of last year. I closed the door and locked it. Very disappointed because it served a very niche market, which is my second point. This is the only par three, 18-hole golf course in Southwest Florida. There is no other golf course like this. It was designed in 1979 by one of the top golf course designers in the world, Arthur Hills. It was upgraded by Bob Cupp, II, in '96. That golf course was magnificent in its day. The problem with the golf course is it had the wrong ownership. It had the wrong direction. It was more concerned about money rather than people. What it needs is someone that cares about the golf course, cares about the community that it sits in. And the key with that is, at this point in time, I would suggest that if the county's interested in the golf course, that's fine. If not, someone else will buy it. But the key is, it's an outstanding opportunity for the county or someone else. It just needs the proper ownership. And I'll be happy to take any questions, because I see my time is over. COMMISSIONER FIALA: Could I add one thing? When this Page 222 April 26, 2005 guy wasn't putting the money in -- this is just kind of a funny anecdote to it. The guy wasn't putting any money into the thing. There used to be a swimming pool there. Rather than maintain the swimming pool, he filled it up with dirt also. You don't know that it's there now, but it's there under the dirt. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: If the county decided to let this go on the auction block, do you think that someone else would come in there and put the money and time into this thing to restore this to where it was in its prime, and do you think at that point in time that the golf would be reasonable for the people in the surrounding community to play? MR. DAHLSTROM: Yes, sir. COMMISSIONER HALAS: What do you think a round of golf would run once the -- once the person bought this? And I'm not sure our -- the deterioration of the course, how much he's going to have to put in. Your best guess, what would a round of golf run? MR. DAHLSTROM: Well, when the course was in playable condition, it was $30 to play, including a golf cart, because that golf course served a very unique niche market. Because it was only approximately 3,000 yards long, a person that was, say, 65, 60 and above -- it served two markets, the senior market and the junior market, and a small market in between, where there were people that were very good golfers that wanted to work on their short game, 18 holes, par three. The key there is, all the golf courses between Marco Island and Bradenton -- there's about 160 golf courses. They're all long and they're very expensive, and they're private, and the problem is that the average person in the Lakewood Community, the Glades area and Winter Park, are retirees, they cannot physically walk a 7,000 yard golf course. They can't playa 7,000 yard golf course in a riding cart. It just Page 223 April 26, 2005 physically takes too much out of them. It's four, four and a half, five hours to play. It beats them up too much, and the cost is triple what it would be at Ironwood. So people come there to enjoy the game because it is affordable, it's good exercise. In two and a half hours they're out and they're doing other things. The junior golf program was never really taken off there because the owner did not allow juniors to be under 16 and play. So I think the key is, $30 would be in prime time with a cart, and they'd be adjusted based on the purchase price or the money that went into the golf course. But the problem is, that golf course would be operating today serving this market very well if it just had a different ownership, and it would probably take, I will give a ballpark number, 300,000 to put the golf course in condition. It didn't have -- none of that money would have to be spent if the money would -- if the golf course was just maintained. Just like your yard, it will just die. So I think it's a great opportunity for someone. Someone will buy that golf course on May the 4th at 11 o'clock for sure, just a matter of who. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: The -- as Commissioner Fiala pointed out, the staffs analysis of that, that the private sector can do it much -- for much less. And, you know, a lot of things the government doesn't need to do. So, you know, Wayne is -- used to work there and he is a golf pro and he knows about the operation of it. If he feels that somebody in the private sector can pick it up and run with it and make a dollar, why should we get involved? Just let the process -- let it go through the process of foreclosure. CHAIRMAN COYLE: Yeah, because if we get it, we'll put it in affordable housing, and you don't want that. MR. DAHLSTROM: We don't want that. Or the community Page 224 April 26, 2005 doesn't want that. It's 33 acres. It would be nice if this represented 33 acres, this square area right here, but it's not 33 acres. It meanders. It goes between two houses out to play one hole, through another two houses maybe to play three holes. So this is not a 33-acre parcel, and there's no way to put affordable housing, or any kind of housing back there. There's no road access. There's no place to park, and you have lakes there to deal with. It's a beautiful piece of land that just needs to be a golf course. CHAIRMAN COYLE: Okay. Any other speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. Commissioners, what would you like to do? COMMISSIONER FIALA: I'd like to make the motion to let this -- this issue die and let it go to auction. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala and a second by Commissioner Halas to disapprove -- or to rej ect staffs recommendations. Any 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: Any opposed, by like sign. (N 0 response.) CHAIRMAN COYLE: It passes -- COMMISSIONER FIALA: If I would have kllown it could be a golf course, but at the parks and recreation, it was brought up three Page 225 April 26, 2005 times, and three times it was rej ected because they said they didn't want a golf course there. So the only other way I think that we can do it is let somebody who does want to build a golf course go in there. CHAIRMAN COYLE: That's right, yep. COMMISSIONER HALAS: Yeah. I think the end result will be that somebody will pick it up and make this a viable operation again. Hopefully, they won't steal the profits from it. CHAIRMAN COYLE: Now, we have an obligation to make sure we enforce the codes out there and make sure that place is cleaned up, right? MR. KLATZKOW: Yes, sir. CHAIRMAN COYLE: Okay, good. Thank you very much. Now we will go back to the item that was previously tabled. Thank you for sitting here all day. I'm sorry it took so long. COMMISSIONER FIALA: But wasn't it interesting? UNIDENTIFIED SPEAKER: Thanks for your uncooperation. COMMISSIONER FIALA: For our uncooperation? Uh-oh. I don't know what that meant. UNIDENTIFIED SPEAKER: Much earlier, before noon. COMMISSIONER HALAS: What did they do before noon? COMMISSIONER FIALA: I don't know. What did she say? That lady yelled out, thank you for your uncooperation. I don't know what that meant. CHAIRMAN COYLE: I thought she said cooperation. COMMISSIONER FIALA: No, I think she said uncooperation. COMMISSIONER HALAS: He said something before noon, whatever that was. COMMISSIONER FIALA: She said uncooperation. MR. WEIGEL: At least she was thankful. COMMISSIONER HENNING: I guess we've got all the time in the world. CHAIRMAN COYLE: Okay. Let's do it. We're ready to go. Page 226 April 26, 2005 MR. MUDD: This item is 8C, continued now for the second time? MR. WEIGEL: Okay. We're moving now -- the board is going to move it off the table and apparently re-open the public hearing -- CHAIRMAN COYLE: Re-open the public hearing. MR. WEIGEL: -- or declare the public hearing closed and only have questions, but it sound like you may be ready to have a little more dialogue than just a few questions. Move it off the table and re-open the public hearing. CHAIRMAN COYLE: Yes. Okay. Who's going to -- what's wrong? MR. YOV ANOVICH: Do you want to wait for Commissioner Fiala to come back or -- CHAIRMAN COYLE: No. MR. YOV ANOVICH: No, okay. As I told you, the buildings are 18-unit buildings, so when I give you these numbers, keep that in mind. As they say, this is our final proposal. And I want to remind the board that we're 100 percent consistent with concurrency in the compo plan with the 540. We're proposing 450 units, which would be 3.78 units per acre with 72 workforce housing units, and that gives you your 50-foot road issue on Massey, otherwise, we'll continue on with the process we've already begun, which was the alternative dispute process that we're already under that we tabled while we try to go through with this and come up with a program that we can -- or project we can all agree to. And I hope that's close enough, Commissioner Halas. But the rationale is, you know, 450. It's, you know, eight-hundredths of a unit more than you proposed, and the 72 workforce housing units is basically four buildings, of the 25 buildings that we'll be building. And I hope that will be enough to persuade the commission to vote in favor of the proj ect. And you only have four people here, so -- Page 227 April 26, 2005 CHAIRMAN COYLE: We'll wait before we take a vote. COMMISSIONER COLETTA: Make a motion. CHAIRMAN COYLE: Can someone find out -- MS. FILSON: She went to get her. COMMISSIONER HALAS: It's been a long day. COMMISSIONER COLETTA: It's not over yet. CHAIRMAN COYLE: Okay. Commissioner Halas -- Commissioner Fiala, the petitioner's made a proposal, which is the final proposal -- it's as far as they can go -- for 3.78 units per acre. Commissioner Halas had requested they take a look at 3.7 units per acre, so there's eight-hundredths unit per acre difference here in the two proposals that will result in a total density of 450 units. And of that number, 72 will be workforce housing. Did I -- do I have it right, Rich? MR. YOVANOVICH: You do. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And so the roads will be -- CHAIRMAN COYLE: And everything else is the same as before. MR. YOV ANOVICH: Correct. CHAIRMAN COYLE: And Commissioner Halas, how does that strike you? COMMISSIONER HALAS: We're very close. I think if we take a vote, we'll find out how it all -- what's it got to be, four votes? CHAIRMAN COYLE: It's got to be four votes, okay. So-- COMMISSIONER HALAS: We're under -- we're under four units an acre and we're sure under four and a half units per acre. And if all the other stipulations are in there, I'll make a motion for approval at 3.78. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion for approval by Commissioner Halas, second by Commissioner Coletta. Page 228 April 26, 2005 I hope there's no further discussion. Do you have anything to add before we vote on it? MR. MUDD: I just want to make sure that we've got, it's 450 and 72. CHAIRMAN COYLE: Four fifty and seventy-two; 3.78 units per acre. MR. MUDD: Now, are you going to phase them? COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: Well, you're going to phase them based on concurrency considerations? COMMISSIONER HALAS: Because we've got to put that road In. MR. YOV ANOVICH: Well, and I -- honestly right now under concurrency, I don't have to phase. That was an offer we made because there seemed to be concerns about transportation. But remember we're at -- a 550-unit project, and now we're down to 450. I mean, is phasing really necessary at this point when -- I'm asking. I'm not -- COMMISSIONER HALAS: I'd like to see, how about 50 percent of them now and 50 percent of it when that road is -- gets completed? MR. YOV ANOVICH: So 225 now? What about -- do I need to phase the workforce or can I build it when it makes sense for us -- COMMISSIONER HALAS: At your opportune time. MR. YOV ANOVICH: Fine with us. COMMISSIONER COLETTA: Okay. That's fine with my second then. CHAIRMAN COYLE: All right. Then let's make sure we summarize this. It's 450 units, 72 of which are workforce housing, yielding 3.78 units per acre, and it will be phased 50 percent; 225 will be -- can be developed immediately, and 225 whenever that road Page 229 April 26, 2005 construction is completed, and workforce housing -- COMMISSIONER HALAS: At the discretion. CHAIRMAN COYLE: -- at the discretion of the petitioner. Okay. And all other conditions, recommendations by staff remaIn -- MR. MUDD: And the variance, the 50 -- CHAIRMAN COYLE: Yeah. And the variance and that sort of stuff. MR. YOV ANOVICH: I'm talking about -- because it keeps getting left out in the motion, the 50-foot setback. MR. MUDD: That's what I just asked him. CHAIRMAN COYLE: Yep, yep, that's in there. All right. We're going to call the question. Those in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Those opposed? Aye. So it passes 4-1. Item #9D COMMISSIONER COYLE TO DISCUSS GROWTH MANAGEMENT BILL HB 1865 AND SB 360 - DISCUSSED MR. MUDD: Commissioner, the next item is 9D, and that was an item that you wanted to talk about as far as the growth management plan that's circulating up in Tallahassee. CHAIRMAN COYLE: Yeah. Let me try to make this quick, if I can. I just want to find out how the commissioners would like to deal Page 230 April 26, 2005 with this issue. If you have been following this growth management plan -_ COMMISSIONER HENNING: Is this on our agenda? CHAIRMAN COYLE: Yes, it is. It's 9D. COMMISSIONER FIALA: Yeah, but we didn't get-- COMMISSIONER HALAS: We didn't get any -- COMMISSIONER FIALA: -- paperwork on it. COMMISSIONER HALAS: -- paperwork. MR. MUDD: No, you didn't. It was a discussion item that Commissioner Coyle asked to be added to the agenda, and it read-- and it was on your change sheet. It's add item 9D, Commissioner Coyle, to discuss growth management bill, House Bill 1865 and Senate Bill 360. CHAIRMAN COYLE: And I think copies of my e-mails to staff were made and distributed to commissioners -- COMMISSIONER FIALA: Yeah. I just read it. CHAIRMAN COYLE: -- yesterday. COMMISSIONER HALAS: Oh, yes, okay. It's got Paula Springs on it. CHAIRMAN COYLE: Yep, that's it. COMMISSIONER FIALA: Yeah, I read that. CHAIRMAN COYLE: That's it, that's it, yeah. And it's -- here's the situation from my perspective. This bill has changed many times over the past several months. It is changing even as we speak. It is near the end of the legislative session. We have no idea what this bill is finally going to look like, but it very well may be passed, and -- but I have a number of concerns. I communicated them to staff and to the other commissioners in this e-mail yesterday. But I understand that even since I've done this e-mail there has been another version of this bill put out, so it's very unclear. But I think I can tell you one thing, there is the potential for this bill to erode our rights to control growth in Collier County. Page 23 1 April 26, 2005 And secondly, there is a lot of ambiguity in the bill. Although the staff reads the bill in a way that indicates that the concurrency requirements are the maximum concurrency requirements and -- or the minimum concurrency requirements and that we have a right to petition to have more stringent concurrency rules, I think that the bill should provide us that right in the bill itself. In other words, it should say, these are the minimum concurrency rules, and if local government wants to make them tighter, the local government has the right to do so. And one third thing is that the bills in the Senate and the bill -- the bill in the Senate and the bill in the House are not consistent with respect to funding sources. There is a mention of five hundred billion dollars to be provided to counties throughout the state to help them get to be concurrent, but there is no guarantee that will be an ongoing commitment, and it could end or disappear next year. So there are a lot of holes in this bill, and I just think that maybe we should communicate somehow as a Board of County Commissioners to our legislative delegation to express our concerns about it. I wouldn't go so to far as say we strongly oppose it, because we don't know what it looks like yet. But we have -- I have some very, very serious concerns about it, and I need to know what you want to do about it. Do you just want to sit on it, let it go, not do anything about it, or do you want to have a resolution of some kind that we communicate to our legislators that we are concerned about this bill, and we would prefer to see a final version before they vote on it. Commissioner Halas? COMMISSIONER HALAS: Well, first of all, I think Commissioner Henning had his light on first. CHAIRMAN COYLE: Okay, All right. COMMISSIONER HALAS: And then I think the county Page 232 April 26, 2005 manager's also got his hand up in the air, so -- CHAIRMAN COYLE: Okay. MR. MUDD: No, no, don't hit me. I'm under water. My ears are all full. CHAIRMAN COYLE: I'm going to throw it at you. Okay. Go ahead. MR. MUDD: Commissioners, I just want to give you an update of where this is. CHAIRMAN COYLE: Okay. MR. MUDD: It hits the House floor tomorrow morning, and it's in committee -- it's in the last committee in the Senate right now. So if you're going to do something, you need to decide what you're -- I don't believe a resolution's going to be timely. By the time it gets signed and the time it gets up there, it will already have been done. If there's things that you want to make sure that are in the bill or not in the bill or safeguards thereto, I think you need to decide that on the dais this evening, and then you need to make phone calls to your local representatives and senator so that they understand where you're at in this particular juncture. And that's about the only way that you're going to be timely in this regard. And we don't know what that bill's going to look like. They're cutting a new one right now, as per Representative Davis. He's trying to keep us abreast of what's going on. It's changing faster than we can keep track of. This is at least the seventh revision of this draft that we've seen. And it's gotten better over time, but I can't tell you what the final thing's going to look like. CHAIRMAN COYLE: Okay. Then let me try to make it as simple as possible. Can we at least agree on a few things? Number one, that this bill should give the local government the flexibility to implement stricter concurrency requirements than those spelled out in this bill? Is that an acceptable thing for you -- COMMISSIONER HALAS: Yes. Page 233 April 26, 2005 COMMISSIONER COLETTA: Yes. COMMISSIONER FIALA: (Nods head.) CHAIRMAN COYLE: -- for the majority of the board? Could we -- COMMISSIONER HENNING: I have a question. CHAIRMAN COYLE: Yeah, sure. COMMISSIONER HENNING: Whose bill is it? What's the bill number? This e-mail going around is so convoluted. It doesn't have -- CHAIRMAN COYLE: Well, you have to have the bill to look at it, to make sense of it. COMMISSIONER HENNING: Well, yeah. CHAIRMAN COYLE: It's House Bill 1865 and Senate Bill 360. They're both different. COMMISSIONER HENNING: 1865. Now, whose bill is it? CHAIRMAN COYLE: Well, it originally was Mike Davis' bill but apparently has turned into somebody else's bill. COMMISSIONER HENNING: Okay. COMMISSIONER HALAS: And we don't know who that person is, right? CHAIRMAN COYLE: I don't know who it is. MR. MUDD: Yes, sir, we do. Keep going. Tell him, Stan. COMMISSIONER HENNING: Now, Florida Statutes, or Florida Administration Code, already gives us what we can and cannot do as far as growth management. Why don't we just say we don't want to erode our ability to make decisions upon 9J-5? CHAIRMAN COYLE: Well, because 9J-5 requests that you go to Tallahassee to get approval for it. This particular bill tends to take some of that authority away and incorporate it in a separate piece of legislation, but it does -- it does reference 9J-5. COMMISSIONER HALAS: Any time they take away any of our rights as far as home rules, I have a big problem with that. Page 234 April 26, 2005 CHAIRMAN COYLE: Well, they also mention frequently throughout this bill that the Department of Transportation and the local government must get together to develop certain criteria concerning transportation concurrency management. And they even mention that we will have to develop a transportation concurrency management ordinance that will be in accordance with a DOT model ordinance, and we don't know what the DOT model ordinance is. So it's confusing to me, Stan. I know you know more about it than I do. But do you have any problem taking a position that says that counties should have the latitude of implementing more stringent concurrency management procedures? MR. LITSINGER: For the record, Stan Litsinger, Comprehensive Planning Director, and I apologize for forgetting my jacket today. And also, for the record, the latest rendition of the bill, unless one has been sent out this afternoon, was introduced by Representative Johnston (sic), and is now titled the Sustainable Florida Act of 2005, as opposed to a growth management act specifically, because if you look at all of the provisions, it addresses everything from school concurrency to charter schools and so forth. But in answer to your question, Commissioner, yes, sir, I do agree with you that we should have the opportunity to impose stricter concurrency provisions at the local level. I believe that the legislation that is proposed, and the latest draft that we have, which essentially pulls back the concurrency window on all facilities from five to three years, our system is currently more stringent than this. The process would involve a comprehensive plan amendment in the event that we would want to impose a stricter system than we even have now through the review process. And as we found last time, once we were able to sustain that it was rational and sustainable, we Page 235 April 26, 2005 were able to have stricter standards; however, I certainly think it would not hurt to have clarification language in this bill or the bill that is adopted that is very specific in clarifying our ability to make concurrency determinations at the local level on any scale. CHAIRMAN COYLE: Okay. Now, the second question is, this bill is maintaining that the most important issue in growth management is urban infill and redevelopment. They are suggesting that the concurrency rules be suspended in the event of urban infill and redevelopment issues. And I simply don't understand that, but I think they're talking about something different than what we're talking about. They're talking about, perhaps, blighted areas or depressed areas that we want to improve. But we've got situations where people are likely to come in, buy up buildings, and build -- build more dense buildings in the urban area and in the infill areas. And according to this bill, that is the highest and best use of the land, and that bothers me a lot. And I don't know that we should -- we should even consider waiving concurrency rules for those kinds of situations. COMMISSIONER HALAS: Definitely not. CHAIRMAN COYLE: Now, what can you tell me about that, Stan? MR. LITSINGER: I believe that the provisions relative to urban infill and the exception or the exemption from concurrency here probably reflects the needs of urban cores, such as the large cities. It would not be binding on us from the perspective that we would have to designate an urban core area for infill and redevelopment. And here again, the redevelopment as used in this context is not relative to a blighted condition. It might be more related to redevelopment of land from the standpoint of highest and best use based on current land values and market and so forth. I do not read the bill as requiring us to provide a concurrency Page 236 April 26, 2005 exemption and designated redevelopment of urban infill areas. It might provide the flexibility, should this board decide to go in that direction. CHAIRMAN COYLE: Yeah. MR. LIT SINGER: It provides a number of different options to respond to the concurrency requirement other than a potential stoppage of development approvals. It also provides for a new terminology called mitigation pay-as-you-go proportionate share payments in the areas of transportation deficits and also, we are also here adding the schools concurrency in order to provide an opportunity to essentially not have the prospects of a moratorium hanging over a development scenario. CHAIRMAN COYLE: The other concern, the important concern, was the fact that they're talking about transportation concurrency mitigation. MR. LITSINGER: Exactly. CHAIRMAN COYLE: It's very vague. I saw nothing in there that addressed the kind of transportation mitigation that was being considered, nor was there even a requirement that the transportation mitigation be made in the area where the transportation problem was being -- being experienced. Furthermore, it says that these kinds of arrangements will not be unreasonably refused. So they're saying to us that someone who creates a transportation concurrency problem can buy their way out of it some way. They don't say how, and they don't say where, but they do tell us that you can't unreasonably refuse it. Now, you know, that's troublesome to me. MR. LIT SINGER: That's a good summary, Commissioner. That's true. CHAIRMAN COYLE: Okay. MR. LITSINGER: It probably does -- if it is converted into rule 9J-5 in a similar type of language format, then it does provide Page 237 April 26, 2005 essentially a mitigation option, though the mitigation from the standpoint of whether we would opt into that type of program does appear to be somewhat optional. But it does require that there be some opportunity to make a fair share contribution, which in the case of transportation, mayor may not be associated with impact fee credits in order to essentially -- it's an old phrase that's always often been used with this statute over the years is the pay-as-you-go philosophy, and this essentially provides that option. CHAIRMAN COYLE: Well, those are my concerns, and I just share them with you to see if you're at all concerned about them either. Commissioner Coletta and Commissioner Halas -- COMMISSIONER COLETTA: I think Commissioner Henning CHAIRMAN COYLE: No, Henning came back on it. He's already asked his question. COMMISSIONER COLETTA: Yeah. If I may, I do think we have to be ever vigilant on this. I am going to -- let's see, impact -- I'll be honest with you, if I had a choice, if I could write the rules, I would have it where the impact fees would be mandatory as a growth management tool, beginning and end of it, and all counties would be required to, if they didn't have impact fees, have another funding mechanism to cover their growth. That would be the easiest way in the world, because we've done a remarkable job with impact fees in Collier County. We serve as the example, and it's shown in all the court cases. I do think that along the way we have to recognize the efforts of those members of our legislative delegation that have come across in a big way, Burt Saunders, and the fact that he was -- got it killed in committee at the Senate, and we got Mike Davis, who at first, brought this bill out. But when we went to him, we approached him, he, seeing the errors of his ways, turned to the point where he is helping Page 238 April 26, 2005 us in every way possible to make sure this doesn't take place. And along the way I want to be able to recognize the good will of some of our legislative people, and start to direct it to where we have the problems, wherever it is. If we have someone out there that's supporting this, we have to go after them and make sure they understand it. Now, I'm leaving for Tallahassee tomorrow. I've got to be honest, I'm not going up there because of this bill in particular. It's MPO day, and their meeting's being held up in Tallahassee. However, with that said, I already have a number of meetings planned. And because of this bill, too, I asked for a meeting with representative -- or is it Senator Bennett? Is it Senator? MR. MUDD: Senator Bennett. COMMISSIONER HALAS: Yeah, Senator Bennett. Good luck. COMMISSIONER COLETTA: And I -- well, I'm going to ask for that meeting. I'm going to see if I can get in there. I want to try to get into his mind. I talked to some commissioners out of Sarasota County, and they're completely perplexed by what he's doing. CHAIRMAN COYLE: Might be hard to find -- COMMISSIONER COLETTA: Well, it might be worth a try. I'm going to give it a try, see if I can find out what exactly he's thinking, or at least talk to his aide, and then I'll report back to you. CHAIRMAN COYLE: Well, please understand what we're talking about here has nothing to do with his bill. COMMISSIONER COLETTA: I understand that, but he started this -- or he seemed to be one of the driving forces behind it in the beginning. CHAIRMAN COYLE: Not this part. I mean, this is a different bill that we're talking about, and this is not the one we just essentially defeated. COMMISSIONER COLETTA: Well, just tell me who you want me to go after, and I'll do it. Page 239 April 26, 2005 CHAIRMAN COYLE: Well, I think our legislative delegation can provide us some help on this. So if you could talk with them about it, that would be great. COMMISSIONER COLETTA: I sure will. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. Commissioner Coyle, I'm very concerned in the way that this is all coming about as it's surfacing. It started out with the impact bill, and now it's been tied into something else, and I'm concerned at how fast this train is moving down the track. And everybody tells us that all forms of this are killed, but yet, every time we turn around, there's something that pops up. My question is, the information that you've been getting, has this been from -- has this been from F AC, or has this been from our legislative body in Tallahassee? CHAIRMAN COYLE: Jim Mudd and I picked up the most recent copy of this legislation when we were in Tallahassee on Wednesday of last week. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: So I took the time to review that entire stack -- I don't know how many pages -- MR. MUDD: Ninety some-odd, sir. CHAIRMAN COYLE: Ninety something pages, printed both sides on that document. And I went through it in detail and got the staff my remarks Sunday night. And the staff, I think, is trying to come up with something of their own. And to answer your question, F AC is in communication with these people, but I don't know that they've asked these questions. COMMISSIONER HALAS: Okay. My -- the information that we got, you said there was just something that transpired since we've been in session today. Where did that memo come from or that e-mail come from? Was that from FAC or was that from somebody in the Page 240 April 26, 2005 legislative session up there in Tallahassee? MR. MUDD: Yes, sir. Beth Swanson basically got the skinny today that it's going to be on the house floor tomorrow, and this is Mr. Johnson's bill, and the Senate bill is -- the sponsor of that bill is Senator Bennett, okay. So, you know, let's make -- he is really pushing them. He's got -- CHAIRMAN COYLE: He's the same guy? MR. MUDD: He's the same guy. COMMISSIONER COLETTA: He's persistent. CHAIRMAN COYLE: Go talk to him. MR. MUDD: And so -- and that is -- that's going to committee this week on the Senate ways and means, and that's tonight. After that's done, it's the last committee, it will go to the floor. There are differences in the bill. The House bill has the state funding it right now one time -- okay, one-time monies, and it doesn't talk about the additional years -- to the tune of about $700 million total. The Senate bill basically doesn't talk about a state outlay for the funds to try to do this growth management issue in sustainability Florida. It talks about giving the counties the options to do the local option sales tax by majority vote instead of by referendum, and some other -- and some other tools in that particular toolbox, and that's the differences between them as far as funding source is concerned. And I will be honest with you, there was another Bennett bill that had building code on it, and he added a line two days ago that basically was a payback to the counties that basically said you're going to go fund all the counties, 67, some $25 million worth of school enhancements for shelters, and laid it off on the counties as an add-on. And you know, it's been playing up in the Tampa Trib and in Tallahassee as basically a payback to the counties on the 1160 -- the 11 73 -- and how soon you forget the numbers on the Senate side. COMMISSIONER HENNING: Twenty-three oh two. Page 241 April 26, 2005 MR. MUDD: Yes, sir. So the things are still moving. They're out there. But there are some things that this board can basically set as a premise to say, these are the things we really want you to watch out for and make sure to safeguard against. COMMISSIONER HALAS: Is there any particular direction that this is going? In other words, what I'm trying to say here is, is there any committees that it has to go through yet, or is it almost to the final committee and it's ready to be approved in some form? MR. MUDD: It's through the House, it's going to the floor tomorrow for vote for the entire House of Representatives, and it's in its last committee in the Senate tonight. COMMISSIONER HALAS: And yet everybody told us this thing was dead. CHAIRMAN COYLE: It's not the same thing, so -- COMMISSIONER HALAS: Well, I know, but-- CHAIRMAN COYLE: I know, but it's a growth management things. COMMISSIONER HALAS: Yes, it is. COMMISSIONER FIALA: They talked a lot about it. MR. MUDD: Now, one thing we did learn is there's three readings in the House, okay, on a bill? So it will be the first reading tomorrow. CHAIRMAN COYLE: And at this point I would guess that Representative Goodlette is the only one who can stop it in the House. I think that's probably true. Well, can we somehow capsulate our major concerns, you know, the mitigation thing, the very clear statement that we can have more strict concurrency standards? COMMISSIONER HALAS: And that we can't buy concurrency for traffic. CHAIRMAN COYLE: That's right, that's right. But there were a couple of other issues we talked about. Can you at least condense Page 242 April 26, 2005 those? Let our legislators understand that we're concerned about those, and we appreciate their help to try to get that -- get that stopped? MR. FEDER: Mr. Chairman, while Stan's looking for that, I just wanted to add one thing. I think you gave a good summary of the legislation as it continues to move. It's a very moving target. Some good things, some concerns. The one I want to emphasize though is this issue of mitigation, or basically pipe lining a proportionate share, especially when it has language to the effect, it cannot be reasonably denied. One might argue that the situation could be that if you have an impact fee that you claim is appropriately set for growth to pay for growth, that implementing that impact fee would therefore be a reasonable statement, that you could not stop anyone, even if we had, in our system, problems with concurrency and, therefore, not allowing development to go where we don't allow it anymore, because the major change you made just to pay and go. What this would be is possibly reinstate that, and I think that's a real concern language that's in the bill. CHAIRMAN COYLE: Okay, thank you. Is there -- I'm sorry. Commissioner Henning? COMMISSIONER HENNING: Stan, is this the bill that Representative Davis has been corresponding to with you? MR. LITSINGER: Yes. Over the last several months, staff has made comments at various levels, and he distributes this through an e-mail channel on -- at various stages in the draft. The most recent one we had received after Commissioner Coyle and Mr. Mudd returned from Tallahassee, I believe it was last Thursday evening, which is the version that you currently have. And as Mr. Mudd mentioned, we are expecting the final draft tonight that will be introduced on the floor tomorrow. COMMISSIONER HENNING: To answer my question, you Page 243 April 26, 2005 already have what we have problems with with this bill. Why don't we just forward it on to the Board of Commissioners so we can make some phone calls? MR. LITSINGER: Commissioner, as Commissioner Coyle pointed out, the exasperation at the staff level down here, at our level, that we have had over the many months that the various renditions of this bill have been underway is, is that we are unable to have our comments analyzed and reviewed and considered before there is a new set of potential circumstances to consolidate relative to their possible impact and how they will impact Collier County. It's -- it very much has been a moving target in that there seems to be some determination to pass some sort of legislation to amend the, what we know as the Growth Management Act. But as you can see, in each version, it's a chicken in every pot. Someone has something they need, whether it's issues of concurrency and urban cores relative to the exemption and redevelopment areas, however you might define those, to the need to essentially take away that threat of the -- that we've always had over the years of the ultimate failure of the moratorium by providing the mitigation opportunities, as Norman mentioned. COMMISSIONER HENNING: Well, the -- I know that the governor, and this is one of his top -- top things that he wants to champion before he quits, is -- he's term eliminated, is the Growth Management Act, the revision of it. But we have opportunities at his level to try to stop it and rework it, massage it, bring it back to our liking. But Representative Goodlette is not the only one that can kill this bill. CHAIRMAN COYLE: Well, he's probably our best choice, but he's not the only one. COMMISSIONER HENNING: No, definitely not. And I mean, I agree, we don't want to erode our abilities to make local decisions. Page 244 April 26, 2005 And we always have screened it. So I guess what we need to find out is, is this train so far advanced that we're not going to stop it, or -- COMMISSIONER HALAS: That's what it looks like. COMMISSIONER HENNING: -- or is it -- and make some kind of recommendations not to get hurt -- as less as possible, I guess, so we come out as whole, as much as possible, or just flat out kill it. CHAIRMAN COYLE: Well-- COMMISSIONER HENNING: And that would be something that -- CHAIRMAN COYLE: And those are good questions, and I don't know. I really am baffled by the whole process that's going on here where people are moving bills through their committees, but the bill that's approved by the first committee is not the bill that's considered by the second committee, and it's not the bill that's considered by the fourth committee, and it keeps changing as you go along, and nobody really knows what this thing will finally turn out to be. COMMISSIONER HENNING: Why don't we do this, authorize the chairman to talk to Representative Goodlette and find out the possibilities of this bill passing, and what his thoughts -- CHAIRMAN COYLE: I'll be happy to do that. COMMISSIONER HENNING: And what his thoughts are, and any feasibility of killing the bill. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Because of the political will up there that we don't understand, we need to ask those questions. And if it does go through, if it is going to hit the floor, just let us know through some kind of correspondence through the county manager, and let us start doing some lobbying. CHAIRMAN COYLE: Well, I think we're going to have to do the lobbying, you know, starting first thing tomorrow. But here's the problem. You're absolutely right. Governor Bush Page 245 April 26, 2005 wants to get a growth control measure through the legislature. But his -- what is being proposed is not growth management. It's a tiny little subset of growth management. Somebody somewhere in Tallahassee believes that growth management has to do only with impact fees, building a school building, and building a road. MR. MUDD: Water, too. CHAIRMAN COYLE: And water. They have no understanding of all of the growth management techniques which we have to utilize to achieve reasonable growth management in Collier County, or in any other county. They don't understand the issues of activity centers and mixed-use developments, and they don't understand things about density credits and all these things that we do to try to make things work better as far as growth is concerned. They think this is growth management. And so they're going to rush this thing through and call it a growth management bill, and it's going to be one tiny little part of the whole puzzle, and it's going to have so many inconsistencies in it that we can't make it work, and that's what bothers me. Okay, Stan. MR. LITSINGER: There are several consistently good parts of this legislation, if they don't -- if they strike all the other provisions, and that's the money. CHAIRMAN COYLE: Yes. MR. LIT SINGER: If they'd just send the money and go back and think this over for another year and well, leave us alone -- CHAIRMAN COYLE: Yeah, would be okay. MR. LITSINGER: -- we'd be much better off. CHAIRMAN COYLE: And hey, guess what, we've been doing pretty darn well without their money over the past couple of years, right? We've funded all of our road construction -- MR. LITSINGER: Absolutely. CHAIRMAN COYLE: -- and everything else we've been doing. Page 246 April 26, 2005 So if they'll leave us alone -- you're right. If they'll leave us alone and let us do our job, we'll get it done. But this kind of stuff is going to pick it apart because they think that's growth management, and it has nothing to do with growth management. But I'll call -- if it's the board's pleasure, I'll call Representative Goodlette and I'll call Representative Davis tomorrow and talk with them and see what can or cannot be done with it. But we need to express our general concern. I would hesitate to be critical, because we don't even know what to criticize. COMMISSIONER FIALA: Call David Rivera, too. CHAIRMAN COYLE: It might be changed by the time our criticism gets up there. But-- COMMISSIONER HALAS: Commissioner, I think the only thing that I'm very concerned about is where we lose the authority for home rule in each of the counties. CHAIRMAN COYLE: Yeah. COMMISSIONER HALAS: That's my biggest concern, and I think that's where all this is leading to, to take the power away from the counties. CHAIRMAN COYLE: Yep. COMMISSIONER HALAS: And I think we're the ones that have to live with the problems day in and day out, and I think that's where we have to be. I'll give you a nod to -- in regards to communication, and I would hope that -- I don't think we'd be in violation of sunshine if Commissioner Coyle sends every one of us an e-mail in regards to what he finds out, or are we on the fringe of a sunshine violation? CHAIRMAN COYLE: Can I just inform the county manager and let -- MR. WEIGEL: Well, the thing is, county manager can talk to any of you. County manager can't be a conduit back and forth, just as Page 247 April 26, 2005 any commissioner, or any advisory board member, you can always send a communication one way. COMMISSIONER HALAS: That's right. MR. WEIGEL: It takes two to tango, and that's when you get into trouble, So as Mr. Halas had suggested, if one wished to go that route, Mr. Coyle could, in fact, indicate where he is. COMMISSIONER HALAS: Okay. MR. WEIGEL: One little side that I had is that this board, it would appear, is about to endorse the chairman to take some actions and maybe even to have some flexibility to make some action and some decision. For instance, in talking with out legislative delegation and maybe principally, Mr. Goodlette, Representative Goodlette may tell you, Mr. Coyle, whose others' buttons you might want to push in this regard, and so that the authorization of this board might be beyond merely our legislative delegation, but clearly to go beyond that, and this board may also want to consider any correspondence that you may wish to, with the assistance of the manager and the county attorney, if you'd like, be sending out just as well -- CHAIRMAN COYLE: Okay. MR. WEIGEL: -- confirming, if need be, memorializing phone conversation or not. CHAIRMAN COYLE: I'll let as many people know what I find out as quickly as possible, okay? COMMISSIONER HALAS: Okay. MR. WEIGEL: That type thing. CHAIRMAN COYLE: And I -- and, again, in this particular case, in this bill -- with respect to this bill, Representative Davis has made every attempt to get us the updates as quickly as he possibly could. He had this update for us on Wednesday, and he insisted that we take it with us, and we did. So there has been no failure on the part of our legislative Page 248 April 26, 2005 delegation to notify us what was going on with this -- with respect to this particular bill, and so there's no criticism intended. It's just that they have a very narrow understanding of growth management in Tallahassee, and we somehow need to broaden that perception, and I'll try to do that as diplomatically as possible, okay? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Yes. MR. MUDD: Sir, one comment that I will make, this has been a very, very hectic legislative session. It has a lot to do with how they staggered their input as far as bills are concerned. Last year they input all their bills first day of session or two -- you know, within a couple days of the first part of the session. This time they've been able to put a bill in the first week. You know, three weeks later they can put in another one, and they've staggered their -- they've staggered their bills as they go in. Very difficult to figure out what's on the table as that's moving forward, okay? And it gets to the point in time that you know each representative only can put in a certain number of bills, so if somebody's -- somebody hasn't put one in, who's putting it in for somebody as maybe a favor or whatever, been very difficult. It's been very difficult, and I know the board's got some different views on lobbyists, but I will tell you, if they're staggering their input like they did this year, Commissioner, I don't want to go through another year without having a full-fledged lobbyist just beating the drum up there and keeping us informed and calling each one of you and things like that. CHAIRMAN COYLE: I agree, I agree. MR. MUDD: Well, we'll talk about that during budget time. CHAIRMAN COYLE: We have that scheduled for discussion at some point in time? MR. MUDD: Yes, sir. We're going to talk about it at budget Page 249 April 26, 2005 time. CHAIRMAN COYLE: Good. Then that's everything I've got on this thing. You've given me the guidance I need to do whatever you want me to do, so I'm okay. Thank you very much. COMMISSIONER HALAS: Good luck. CHAIRMAN COYLE: Thanks, I'll need it. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, I believe we're at public comment on general topics. MS. FILSON: Yes, sir. I have one public comment person. Keith Tompkins. MR. TOMPKINS: Thank you. I appreciate it. Thanks for hearing me this late in the day. My name is Keith Tompkins. I'm the property manager for the Eagle Creek Community Association. There is a proposed Super W al- Mart to be constructed across the -- across county road -- State Road 951 from the entrance to Eagle Creek, along with that will be a traffic signal installed on Collier Boulevard. The location of the traffic signal is the issue. We have worked with Wal-Mart for the last several months on proposed locations for various issues that we're confronted with, including the location of the traffic signal, as with the county staff as well as. Last Thursday, the Florida Department of Transportation apparently has made a decision to locate the traffic signal south of the Eagle Creek entrance and close the median opening from Eagle Creek. We believe the county staff supports the light at Eagle Creek Drive, as we've had indications of that. Certainly Wal-Mart had complete flexibility in designing the traffic signal where they felt it Page 250 April 26, 2005 best suited their needs and the needs of the impact to the traffic that a Super Wal-Mart brings with it. So again, they came down. They've -- that feeling that the best location for the signal was Eagle Creek Drive. Obviously the residents in that area believe the best location for the signal is Eagle Creek Drive. To close the median is a safety issue. Obviously to come out to cross three lanes of traffic, then do a U-turn to go north on 951 is a difficult issue that we're very, very concerned about. The only people, it seems, that want the signal to be somewhere other than Eagle Creek Drive are FDOT staffers in Bartow and Tallahassee or Vero Beach, wherever they are, have never probably been to this intersection, probably never will be to Collier County to this particular signal. What I am asking you, and I am here tonight for really two reasons, just to get the issue on the radar screen. I have set up meetings with most of you next week, and I wanted to ensure that we would have this issue on the agenda from a -- for the May 10th meeting. That was my intent in being here, to let you know about the Issue. What I am specifically asking you to do is to instruct staff, or to work with the county staff, to see that they go back and meet with the FDOT for the location that we tend to -- we seem to prefer down here in Collier County. So the request is simple, an instruction to the county staff to go back -- county transportation staff to go back to the state FDOT officials, to reconsider their decision. They say it is final, but not final, final, it seems, in talking to them about this. If they heard differently from the county staff, I think it would make a difference, and I think the people here in Collier County would be much more pleased with the location of the light as we see it. That's it. CHAIRMAN COYLE: Thank you very much, Steve. Page 251 April 26, 2005 COMMISSIONER HALAS: Can I ask Norm Feder, do we work with FDOT in regards to an issue of this nature, and how did this get so far out of the box? MR. FEDER: For the record, Norman Feder, Transportation Administrator. Yes, Commissioner, we do; however, they control the issue and the placement of traffic control on their system. In this case, 951 is a state facil'ity south of U.S. 41. They raised the issue to us a few days ago, beginning of the week. We noted to them that there would be a lot of community concern. The folks at Eagle Creek have been asking for a signal from state for many years now. They have not met once. And the state hasn't agreed to a signal at that location because of that. The feeling was that if Wal-Mart came in -- and please understand, right now Wal-Mart does not have authorization to proceed because of our concurrency. But if, in fact, W al- Mart were to come in, the possibility of getting a signal, because Wal-Mart would create that warrant need to put it across from Eagle Creek. I will tell you though, for the record, as your transportation administrator, from the very first day -- and Commissioner Fiala, I know, can attest to this -- I've made it clear that I was very concerned. We've got a major concern at our intersection of 41/951 with other growth in the area, and this signal would be very close to that intersection with 41. And so we do, as your staff, have some concerns with that placement. We do note that Florida DOT has jurisdiction over it. It would move it further south as their proposal gets as far south as it could be on the Wal-Mart site. Actually an issue I raised in the beginning started when these discussions -- and I understand the community concern, but the state has raised that because it would push it further south of the U.S. 41 intersection, and it is their jurisdiction here. Page 252 April 26, 2005 Now, if you instruct me to, I can continue dialogue with them, but I will tell you as staff, I have to have some concurrence with them that, in fact, the further south that I can place it the better, and if that site gets developed and if it should develop as a Wal-Mart, again, the further south that we can place that signal away from U.S. 41 the better for the operations of the overall network. COMMISSIONER FIALA: Doesn't that bring it -- the further south it goes, doesn't that bring it closer to that bridge and then to Manatee Road? MR. FEDER: No, you're not that far south, unfortunately. I wish I was. You're only about a half mile south instead of just over a quarter of a mile, where you would be at the Eagle Creek entrance. COMMISSIONER FIALA: Well, then wouldn't it make sense, as long as -- you know, if all these people then have to go and do a U-ie around, and wouldn't it just make sense to put it there by Eagle Creek? MR. FEDER: First of all, please understand what I'm saying, is if the backup from U.S. 41 is substantial enough with the development and with the impact ofWal-Mart turning out in traffic, then you've created a major problem at 41 and 951 if you put the signals too close together. I would also note to you that part of what we need to deal with the folks at Eagle Creek is to make sure that Lowe's or whatever comes into their other entrance, to the signal off of 41, that we maintain and enhance that as well as provide for them as we have to throughout the county where we have access points too close to major intersections, for that provision of coming down and the ability to U-turn at a signal, and that is not an unsafe condition. It's not the most desirable for those in the community. But for the overall network, we find ourselves having to do that throughout the county. I'm doing it out of my development down to Livingston. COMMISSIONER HALAS: Is it the -- is the proposed area that Page 253 April 26, 2005 FDOT is looking at, is this south of Tower Road, or is it -- MR. FEDER: It's still north of Tower Road. COMMISSIONER HALAS: It's still north of Tower Road. MR. FEDER: I'd have to get a map out before I mislead you, Commissioners, but it would be at the very southern end of where the Wal-Mart property would be, which is only about a half mile down. It's north, I believe, of Tower Road. It's north of Holiday Manor, the mobile home park. So I can't tell you exactly how far. I can tell you it's about a half mile down, because part of what we're discussing with the folks at Wal-Mart is their six-laning of sections of that, and through the intersection if, in fact, they are going to be able to go forward, because right now, as you know, by our concurrency, they can't move forward. COMMISSIONER HALAS: Is there any way that Eagle Creek could move their entrance? MR. FEDER: I don't think the way that they're structured, that's an option, although that would be great if t~ey could. We'll continue to look at issues there. I will raise the issue again to DOT, because as I said, when they first came to us, I said, you do know that that's going to raise a lot of consternation in the community. I will tell you though that I understand what they're trying do, and also note to you that, in fact, that we're going to maintain operations at the 951 and 41 intersection, which I said some time ago, we've got to be very, very careful what we do here. And I think the signal at that location -- COMMISSIONER HALAS: Can you show us on the map about where the -- we've got Henderson Creek and we've got Tower Road, and maybe give us an approximate point. MR. FEDER: I think this is probably just above Tower Road. MR. TOMPKINS: No, it's north of Henderson Creek Drive. North of -- Page 254 April 26, 2005 MR. FEDER: Yeah, right about here. That dotted line map, which is north of Henderson Creek. It's probably a little more than that. Is that about right? MR. TOMPKINS: Yes. CHAIRMAN COYLE: You've got to get on the mike there, Norm. MR. FEDER: It's just north of the dot that I've given you. It would be right at the northern boundary of Henderson Creek, so you see the streets there of Henderson Creek that you see on the map; therefore, it would be just above that northern boundary of Henderson Creek. COMMISSIONER FIALA: Norm, I'm still very, very, very concerned about what that -- what a Super Wal-Mart would even do to that intersection. Well, you know, you and I have discussed it, but I've never discussed it with the other commissioners before. And when you see the impact that it made on 951 over there with the first one, which is what, four miles down the road -- MR. FEDER: Yes. COMMISSIONER FIALA: -- and then you have another one but in this really critical intersection, I just don't know how that intersection can even accommodate something like this. MR. FEDER: Well-- and, again, that's why we haven't agreed to it under the concurrency. Until they come in with a mitigation plan that we feel we can bring to you that actually responds. But, again, I think what the state has said, just looking at it, that they couldn't make it work at this intersection, and they did modeling of it. We have to concur. That was my initial reaction, if you remember, from the start. And they're saying that they don't want to see two of their facilities, 41 and State Road 951, impacted; and therefore, they're recommending the signal go as far south as it can. I would venture to say, although I didn't ask them this, it would probably be the same statement I made to you in the beginning, and Page 255 April 26, 2005 that is, if you could go further south, it would be even better. CHAIRMAN COYLE: So you're working on the problem, right? MR. FEDER: We're working with the state, we're trying to evaluate options. But, again, as I said, it is a state facility, and they have come down with that statement. And I've told them to get back to their folks to understand that if they're going to take that position, there's going to be a lot of concern. And they've come back and said that's their position. CHAIRMAN COYLE: Well, let us know if we need the Board of County Commissioners to send them some correspondence. MR. FEDER: I understand. But as your staff, I'm not sure that I would recommend that to you, but of course, I will follow the wishes of the board. CHAIRMAN COYLE: Okay, good. Thank you very much. No other public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. MR. MUDD: Now, I'm going to put Mr. Thompson's (sic) request on public petition for the next meeting on 10 May, and I'll send him a letter to let him know that. He asked me to do that. And he wanted to do it public petition today, but he gave it to me last night, and it wasn't within the 13 days, so -- CHAIRMAN COYLE: Wait a minute. He did this under public comment. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Why can't we just give you direction to do it and he doesn't have to come back and get it done? MR. MUDD: I don't have a problem. I'm just trying to clarify. CHAIRMAN COYLE: Okay. Why make him go through this twice? MR. TOMPKINS: Well, I don't consider that. I have a lot of other facts and information that I'll give you in the time between now Page 256 April 26, 2005 and the next meeting that I think would make it relevant to ask the board to specifically direct staff to take action with FDOT. COMMISSIONER HALAS: That's what we're going to basically do right now. CHAIRMAN COYLE: I was going to do that now. MR. TOMPKINS: Okay. CHAIRMAN COYLE: And then you can provide them the information. You can work with -- directly with staff and get them the information. MR. TOMPKINS: Okay. I guess I'm asking -- I would like maybe to ask the board to be more specific in their directive to the staff, and I think that that's probably going to require that I give more background information on all the information and all the facts on the studies that were privately funded, as well as the stakeholders. CHAIRMAN COYLE: I'm not sure we're going to get involved in telling the staff how to design this thing. I think the staff is going to tell us how they think it should be designed, and then we'll either approve it or disapprove it, but I don't think we'll get involved in the design process. MR. FEDER: What I think the board has asked me, and I'd be very happy to get all that information, work with the data, make sure it goes to Florida DOT, we'll consider it as well. CHAIRMAN COYLE: Okay. Are we all right? COMMISSIONER FIALA: So we have clear direction, right? Everybody knows what we're doing? CHAIRMAN COYLE: Yeah. We want to solve this problem and we want to make sure that DOT listens to our concerns, and Norm is going to work with Mr. Tompkins to try to sort it out, and then Norm will make a recommendation to us, and we'll either approve it or disapprove it, right? Everybody happy with that? Okay, good. Saves you the trouble of having to come back and start it two weeks from now. Page 257 April 26, 2005 MR. TOMPKINS: Appreciate it. CHAIRMAN COYLE: Okay. Now, we have County Attorney? Do you have anything you want to tell us? MR. WEIGEL: No, I'll just be available for any response I may need to, but thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. County Manager? MR. MUDD: Commissioner, first of all, I need to give you an update. At the last board meeting you directed staff to run another advertisement in the paper. Commissioner Coyle and I went up on Tuesday last week to talk to our legislate (sic), all our representatives in Tallahassee, and we were able -- you know, maybe it was on our part for being there or whatever, but they basically -- they tabled 1173 in committee which basically sealed its fate at least on the House side. CHAIRMAN COYLE: That's the impact fee bill -- MR. MUDD: That's the impact fee bill. CHAIRMAN COYLE: -- if anybody's listening. MR. MUDD: That's the impact fee bill. Because of that tabling, I didn't believe that it was appropriate to run another advertisement in the paper. And Wednesday was our cutoff last week to make the Sunday edition. So I made a decision, and I asked for counsel from the chair to basically hold that particular item and not do it. So we didn't blow you off. We thought about it, and thought that it would be good to get the chairman to go up there and talk to our local delegation so that they understood how serious 11 73 was, and I believe that our meeting there was quite fruitful last week. The next item is, in the next couple of days I will send you a memo with the unfinanced required list as we know it. I will give you Page 258 April 26, 2005 a complete breakdown of what dollars are there that are over and above what was budgeted because of turnbacks and whatnot now that we're finished with the sheriffs appeal. I would ask you to prioritize your particular wishes on that sheet, just like we did in prior years, and then I will bring that to the board either on the 10th of May -- and it probably will be the second meeting in May -- and then we'll basically discuss that so you have time to figure that out how you want to get that stuff done. But I just thought I'd let you know that that's coming. That's all I have, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Two things. The continuation of the conditional use for Jesse Hardy, I didn't vote for it because I didn't -- the information that I had in my packet was not legible, so I couldn't make a decision on that, so I want to clarify that. Item #1 OA - CONTINUED FROM EARLIER IN THE MEETING The other issue is the Cockaded Woodpecker Habitat Committee, the reason I voted for it, Commissioners, is in the ordinance, I want to point out -- and I think a lot of -- everybody agreed but nothing was done about it -- basically there's stakeholders -- is talking about stakeholders, and environmentalists that have worked for this -- on this issue that we tried to get them involved, and it truly -- that -- it was stated that the ones that were here pushing for it was not going to apply for it, but I can assure you that people within the organization surely will. And what you have -- what you set up is, okay, we're going to set up this committee mainly of developers and environmentalists to speed up the permitting process, and I think the Board of Commissioners are going to get criticized for it, and if we can just have a -- Page 259 April 26, 2005 COMMISSIONER FIALA: There was a -- COMMISSIONER HENNING: Well, yeah, there is, and interested people. And Joe and I talked about this, and he is going to try to get other people involved in it. But the reason I voted for it, I want to reconsider it and change it and remove -- it is section two where it says the committee compromised (sic) of nine members, then it says, development community and environmental interests. So, you know, if we remove that, I'm going to be -- I think it would be better for the Board of Commissioners. But under reconsideration, can we do that under the communication? Oh, wait a minute, we did that the last meeting, that's right. I remember you guys reviewing it on Sunday. So I'm going to make a motion to reconsider this item and bring it back on another agenda. CHAIRMAN COYLE: Well, the point here, I think is -- I mean, we can revise it any way you want to revise it. I don't think it makes a bit of difference. MR. SCHMITT: I could take your guidance today. CHAIRMAN COYLE: What's going to make a difference is who we recommend to be included on the-- MR. SCHMITT: Absolutely. CHAIRMAN COYLE: -- board. I mean, you advertise, you get people, you -- you determine what their qualifications are, we look at them and we pick the people to serve. I mean, it's our job to make sure it's a balanced committee. COMMISSIONER HENNING: Well, when Sue advertises, she goes by the ordinance, correct? MS. FILSON: I go by the categories in the ordinance, but usually those categories are merely directory and not mandatory. CHAIRMAN COYLE: That's right. MS. FILSON: Some ordinances are mandatory, but most of Page 260 April 26, 2005 them are directory. COMMISSIONER HENNING: So why would we want to send out something that we want developers and environmentalists when we really have no intent to put them on the board? CHAIRMAN COYLE: Well, I think we ought to have a developer on the board and we ought to have an environmentalist on the committee, but that doesn't say exclusively developers or environmentalists. MR. SCHMITT: We have not formed this committee yet, Commissioner. CHAIRMAN COYLE: Well, that's exactly right. That's my point. MR. SCHMITT: The language says, to the maximum extent possible, including but not limited to potential affected property owners, one category, the development community, another category, and environmental interests. If we could add a sentence in there where we encourage property rights advocates or other interested citizens or whatever, I think what Commissioner Henning -- and what I mentioned, Commissioner Henning, is, certainly we're going to encourage a wide dissemination of this to get a broad viewpoint in regards to this -- the composition of this. And I think what -- maybe what -- COMMISSIONER HENNING: Why don't we put in Republicans and Democrats and-- MR. SCHMITT: Well, we could just say, nine-member panel, and that's it, eliminate the rest of the wording, if you want, in this ordinance. CHAIRMAN COYLE: Yeah, that would be fine, too, if that would work. I don't see any problem with eliminating any of the categories, but it clearly says, including but not limited to, and that -- COMMISSIONER HALAS: Clear direction. CHAIRMAN COYLE: -- gives you all the flexibility in the Page 261 April 26, 2005 world. MS. FILSON: So if anyone called me on that committee because of that language, I would tell them they would have to be a Collier County citizen and registered to vote. That would be the criteria because it just recommends those categories. COMMISSIONER HENNING: Well, how's -- MR. SCHMITT: And then we bring this back to you for final selection. COMMISSIONER HENNING: How is it going to be advertised? How are you going to advertised it as -- MS. FILSON: I'll take the language out of the resolution or ordinance, whichever it is -- COMMISSIONER HENNING: Right. MS. FILSON: -- and put strongly suggest, and I take it straight from there. COMMISSIONER HENNING: Right. MR. SCHMITT: I can eliminate that sentence. COMMISSIONER HENNING: And that's where you're going to get your criticism, Commissioners, because it's going to say what I just said, is development community, environmentalists, and any other CHAIRMAN COYLE: Property owners. COMMISSIONER HENNING: -- and any other -- well, it says the committee members should be representative of various stakeholders groups, including but not limited to potential affected property owners, developers, and environmentalists. CHAIRMAN COYLE: Including but not limited to. COMMISSIONER HENNING: Okay. And so you get that out in the advertisement, and that's the perception is -- that's what you're going to get, affected property owners, people that are interested, and that's the developers and environmentalists to speed up the permitting process. Page 262 April 26, 2005 So why don't we just take that out of there and just say registered voters of Collier County. CHAIRMAN COYLE: This isn't worth arguing about. Can we just make that change and get it over with now, or do we have to have it -- bring it back? MR. WEIGEL: No, you don't. You can take care of it this meeting. If a motion to reconsider by a person who voted in the majority is made during the meeting in which the original thing was voted upon, you can have the motion to reconsider, and if there's a second and it passes, then you go right back and reconsider the item as if it's brand new. COMMISSIONER FIALA: I'll make a motion to reconsider. MR. WEIGEL: Well, Mr. Henning made a motion earlier. I guess he's looking for a second. COMMISSIONER FIALA: Oh, I'll second it. I'm sorry. CHAIRMAN COYLE: All right. We have a motion by Commissioner Henning, a second by Commissioner Fiala, to reconsider this particular motion. 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.) MR. WEIGEL: And for the purposes of the court reporter, we'll want to identify that item number that this -- MR. SCHMITT: That is noted on the-- MR. MUDD: lOA. MR. SCHMITT: It's agenda item lOA. It is page three of four of the packet. Under lOA, it's the resolution that was included as part of Page 263 April 26, 2005 the agenda item. COMMISSIONER HENNING: I make a motion that we amend resolution under item number lOA, second section, it says the committee shall be comprised of nine members, to the maximum extent possible should represent the various -- various taxpayers and registered voters -- registered voters of Collier County. MS. FILSON: Actually, Commissioner Henning, if I could interj ect. At the end of the press release I put a little paragraph down there that says you must be a Collier County resident and a registered voter. COMMISSIONER HENNING: Okay. MR. SCHMITT: Let's just eliminate the sentence. COMMISSIONER FIALA: But what he's saying is he doesn't want the other stuff. He just wants that. MS. FILSON: I understand. COMMISSIONER HENNING: Various residents of Collier County, and then put your political disclaimer on the bottom. COMMISSIONER FIALA: I'll second that. CHAIRMAN COYLE: We have a motion to amend the ordinance. MR. WEIGEL: Yeah. This is a resolution, and so we're not actually amending the resolution. This is reconsideration. And I mean, you're changing the language, you are amending the language, but you'll come out of here with one resolution and not an amended resolution, just for clarify. CHAIRMAN COYLE: Yes, that's right. MR. SCHMITT: Just to clarify to make it a matter of the record then, the sentence will read, to the maximum extent possible, the committee membership should have representation from various -- COMMISSIONER HENNING: Residents. MR. SCHMITT: -- residents, or some -- various residential groups of -- Page 264 April 26, 2005 CHAIRMAN COYLE: No, not -- MR. SCHMITT: Various residents of Collier County, period. Then we'll go on to say, the members shall serve at the pleasure of the Board of County Commissioners, and we'll continue with that. COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: So that's fine. CHAIRMAN COYLE: I'd suggest we say residents and voters of Collier County, because that's the requirement. We may as well put it in there right up front. MR. SCHMITT: All right. CHAIRMAN COYLE: And-- COMMISSIONER HENNING: Well, you may -- if you say residents and voters, you'll get residents that are not voters. COMMISSIONER FIALA: How about voting residents of? CHAIRMAN COYLE: Residents and voters means they're a resident and they're a voter. MR. SCHMITT: And voters. It's inclusive. CHAIRMAN COYLE: It's not or. MR. SCHMITT: That's right. CHAIRMAN COYLE: It's both. MR. SCHMITT: It's both. MR. WEIGEL: How about residents who are voters? CHAIRMAN COYLE: Residents who are voters, sounds good tome. MR. WEIGEL: And my -- MR. SCHMITT: Registered voters. MR. WEIGEL: You might want to take off that, to the maximum extent possible -- CHAIRMAN COYLE: That's right. MR. WEIGEL: -- because what does that mean at this point? CHAIRMAN COYLE: It doesn't mean anything. MR. WEIGEL: Okay. Page 265 April 26, 2005 COMMISSIONER HALAS: So what are we quibbling over here? CHAIRMAN COYLE: Nothing, nothing. MR. MUDD: You have a nine-member committee, sir. MR. SCHMITT: Well, it is important because we want a diverse group. CHAIRMAN COYLE: That's not important. COMMISSIONER COLETTA: Call the question. CHAIRMAN COYLE: You know, we knew what we wanted to do. Okay . We've got it done. Is there -- we didn't vote on it. All in favor of the motion, 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? (N 0 response.) CHAIRMAN COYLE: Okay. It carries unanimously. We've modified it. Anything else? COMMISSIONER FIALA: Yes. I wanted to just say I hope a lot of people come to the town hall meeting on Thursday night. It's the Islands town hall meeting for Goodland, Isles of Capri, and Marco Island, seven o'clock p.m. at MackIe Park. See you there. CHAIRMAN COYLE: Okay. Thank you. I have nothing. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I do. Thank you very much. Earlier today I was neglect in bringing a proclamation forward that I've been asked to bring forward. Every year Everglades City has a National Day of Prayer. And if I may read this into the record. We've approved this in past years. Page 266 April 26, 2005 Whereas, the National Day of Prayer is a day set aside by Congress for all Americans to pray, reaffirm the spiritual principles upon which the nation was founded; and, Whereas, in Collier County we are fortunate to have been blessed by our creator with beautiful beaches, rivers, lakes, fields, forests, and a -- and people, who through hard work and intelligent effort and toil, have made countless cultural, industrial, agricultural and educational advancements for the enrichment of life for all our citizens; and, Whereas, prayer has comforted us in times of sorrow and given us strength and hope for the future. We ask God to keep his hand upon us and bless Collier County, the great State of Florida, and the United States of America; and, Whereas, we continue to give thanks for the men and women of the military that are defending freedom, and we humbly ask God for their protection and pray for peace throughout the world; and, Whereas, this year's 54th anniversary of the consecutive annual observance of the National Day of Prayer with this year's theme, American, God Shed His Grace On Thee, based on Hebrew's 4.16, let us approach the throne of grace with confidence so that we may receive mercy and find grace to help us in our time of need; and, Whereas, on May 5th, 2004, Americans across the -- our nation, state, and county will unite in prayer and give thanks for the many blessings our country has received and pray for God's blessing and protection upon our leaders in our nation. Now, therefore -- they've got the wording a little different than we normally do, but I think you'll find it's acceptable. Now, therefore, I, Fred W. Coyle, County Commissioner Chair of Collier County, Florida, do hereby extend greetings of blessings to all observing May 5th, 2005, as National Day of Prayer, signed Fred W. Coyle, Chairman. Motion to approve. COMMISSIONER FIALA: Second. Page 267 April 26, 2005 CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Coletta, 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: All opposed, by like sign. (No response.) CHAIRMAN COYLE: Does the -- is the attorney supposed to approve these before they are -- MR. WEIGEL: No, we never see them. CHAIRMAN COYLE: Okay. All right. Very well. Anything else? MR. MUDD: And Ms. Filson will get that typed up, you will sign it, and we'll get it out to them in Immokalee. CHAIRMAN COYLE: Okay. And Commissioner Halas? COMMISSIONER HALAS: I'd just like to say that it's been an interesting day for a short agenda, but also I'd like to bring out -- Commissioner Coletta made a point about Vanderbilt Properties that are relinquishing some of their property for beach parking for the residents of Collier County. I'd like to thank them also. And I'd also like to let people know up in District 2 that two of the bridges that we've been trying to address for a number of years, it looks like it's come to fruition. It's the two small bridges which will be south of the large bridge that spans the Cocohatchee. We're still working on the large bridge, and hopefully within a year or so, maybe we'll have the funding so that we can replace it, and it will be designed for pedestrians and bikes. But we're working on the two smaller bridges, and that will address pedestrians and bicycles. Thank you. Page 268 April 26, 2005 CHAIRMAN COYLE: Thank you very much. We are adjourned. ***** 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 #16A1 AN AGREEMENT FOR SALE AND PURCHASE WITH JUNIACE SENECHARLES FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION LAND PROGRAM, AT A COST NOT TO EXCEED $30,850 - LOCATED WITHIN GOLDEN GATE ESTATES, UNIT 65 (WINCHESTER HEAD MULTI-PARCEL PROJECT) Item #16A2 AN AGREEMENT FOR SALE AND PURCHASE WITH ROBERT C. MALT FOR 83.18 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $4,781,080, LOCATED ON THE WEST SIDE OF SR 951 ADJOINING ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A3 RESOLUTION 2005-162: APPROVING A TARGET PROTECTION AREAS OUTREACH MAILING STRATEGY FOR CONSERVATION COLLIER'S THIRD PROPERTY SELECTION CYCLE Page 269 April 26, 2005 Item #16A4 RESOLUTION 2005-163: FINAL APPROVAL OF THE ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR "WHIPPOORWILL LANE (FROM PINE RIDGE ROAD, SOUTH TO STRATFORD PLACE ENTRANCE)", THE ROADWAY AND DRAINAGE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY WILL BE MAINTAINED BY COLLIER COUNTY - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A5 CARNIVAL PERMIT 2005-04: PETITION CARNY -2005-AR- 7495; GRANTING FRED HOLLINGSWORTH, PRESIDENT, THREE RING ENTERTAINMENT, INC., D/B/A HOLLY BROS. BARNEY AND BIDWELL CIRCUS, A PERMIT TO CONDUCT A CIRCUS FROM MAY 9, 10, AND 11,2005, AT THE IMMOKALEE REGIONAL AIRPORT LOCATED AT 165 AIRPARK BOULEVARD, IMMOKALEE, FLORIDA - W/W AIVER OF THE SURETY BOND Item #16A6 RECORDING THE FINAL PLAT OF "COCO LAKES ESTATE HOMES" Item #16A7 RECORDING THE FINAL PLAT OF "INDEPENDENCE PHASE TWO" , APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND Page 270 April 26, 2005 APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16B1 SUPPLEMENTAL AGREEMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT NO. 03-3446, IN THE AMOUNT OF $161,147.50 FOR ADDITIONAL ENGINEERING, PERMITTING AND POST DESIGN SERVICES TO BE PROVIDED BY AGNOLI, BARBER, & BRUNDAGE, INC., FOR RELOCATING THE ENTRANCE AND ACCESS ROAD TO THE COLLIER COUNTY SCHOOL DISTRICT BUS FACILITY, DESIGNING A PATHWAY ON THE NORTH SIDE OF THE ROADWAY AND TO PROVIDE POST DESIGN SERVICES FOR THE SIX-LANING OF RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD AT THIS TIME, PROJECT NO. 60169 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B2 SUBMITTAL OF A HAZARD MITIGATION GRANT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY FOR TRAFFIC SIGNAL MAST ARM REBUILDS AT V ANDERBIL T BEACH ROAD AT VANDERBILT DRIVE, VANDERBILT DRIVE AT BLUEBILL AVENUE (111TH AVE.), SEAGATE DRIVE AT WEST BOULEVARD, PINE RIDGE ROAD AT PINE RIDGE MIDDLE SCHOOL, AND GOLDEN GATE P ARKW A Y AT NAPLES HIGH SCHOOL IN THE AMOUNT OF $375,511 - AS DETAILED IN THE EXECUTIVE SUMMARY Page 271 April 26, 2005 Item #16B3 RESOLUTION 2005-164: AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE FOUR-LANE EXPANSION OF COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD (PROJECT NO. 60101) ESTIMATED FISCAL IMPACT $1~895.000 Item #16B4 AWARD A CONSTRUCTION CONTRACT WITH BONNESS, INC. FOR INTERSECTION IMPROVEMENTS IN THE AMOUNT OF $519,276.07 ON GOLDEN GATE BOULEVARD AT EVERGLADES BOULEV ARD~ BID NO. 05-3802 Item #16B5 ADVERTISE FOR BIDS TO CONSTRUCT THE SIX-LANING OF RATTLESNAKE HAMMOCK ROAD, FROM POLLY AVENUE TO COLLIER BOULEVARD, PROJECT NO. 60169, AT AN ESTIMATED COST OF $20 MILLION Item #16B6 AWARD BID #05-3805 FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND REAL ESTATE CLOSING SERVICES TO AMERICAN GOVERNMENT SERVICES, Page 272 April 26, 2005 MIDWEST TITLE, AND AMERICAN ACQUISITION TITLE, INC. Item #16B7 SUBMITTAL OF THE FLORIDA FOREVER (FF-5) GRANT TO THE FLORIDA COMMUNITIES TRUST FOR THE GORDON RIVER WATER QUALITY PARK IN THE AMOUNT OF $8.600~000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B8 CHANGE ORDER NO.5 TO CONTRACT #04-3651 WITH HANNULA LANDSCAPING, INC., FOR LIVINGSTON ROAD (RADIO ROAD TO PINE RIDGE ROAD) LANDSCAPE BEAUTIFICATION (PROJECT NO. 600714) IN THE AMOUNT OF $148~470.33 Item #16B9 RESOLUTION 2005-165: (1) AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $586,500 OF THE TOTAL ESTIMATED COST OF $702,000 FOR THE DESIGN, INSTALLATION, AND CONSTRUCTION ENGINEERING INSPECTION OF TWO PREFABRICATED BICYCLE AND PEDESTRIAN BRIDGES ON V ANDERBIL T DRIVE; (2) AUTHORIZING THE ADVANCE OF THE $586,500 PLUS THE ADDITIONAL NON-REFUNDABLE PROJECT COST OF $115,500 FROM THE GAS TAX FUND; AND (3) APPROVE Page 273 April 26, 2005 FUTURE FISCAL YEAR ANNUAL COSTS OF BRIDGE MAINTENANCE AND ALL NECESSARY BUDGET AMENDMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 RESOLUTION 2005-166: SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN Item #16C2 RESOLUTION 2005-167: 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 Item # 16C3 RESOLUTION 2005-168: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL Page 274 April 26, 2005 ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16D1 A LEASE AGREEMENT WITH V ANDERBIL T PROPERTIES, INC. FOR USE OF VACANT LAND TO BE USED FOR TEMPORARY PARKING AND A CONSTRUCTION STAGING AREA WITHOUT COST TO THE COUNTY - TO BE USED DURING CONSTRUCTION OF THE COUNTY'S PARKING DECK AT VANDERBILT BEACH, FOR A PERIOD OF ONE YEAR Item #16D2 OLDER AMERICANS ACT DISASTER RELIEF PROGRAM CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A! SENIOR SOLUTIONS OF SOUTHWEST FLORIDA AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D3 BUDGET AMENDMENTS TO REFLECT AN OVERALL INCREASE OF $11,928 IN THE OLDER AMERICANS ACT PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN CONTRACT AMENDMENT OAA.203.05 #001 BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND SENIOR SOLUTIONS OF SOUTHWEST FLORIDA D/B/A AREA AGENCY ON AGING - FOR A CONTRACT PERIOD OF Page 275 April 26, 2005 JANUARY 1~ 2005 THROUGH DECEMBER 31~ 2005 Item #16D4 CONTRACT AMENDMENT NO.1, TO CONTRACT NO. 03- 3537, "TOURISM DEVELOPMENT COUNCIL MARKETING SERVICES" WITH PARADISE ADVERTISING AND MARKETING, INC. TO INCLUDE THE DEVELOPMENT OF A STRATEGIC PUBLIC RELATIONS PROGRAM FOR THE COLLIER COUNTY MUSEUMS AND THE NAPLES DEPOT IN THE AMOUNT OF $20,200.00, FOR THE PERIOD OF MAY, 2005 UNTIL SEPTEMBER, 2005 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E1 REJECT ALL PROPOSALS RECEIVED UNDER RFP 05-3747, INDOOR AIR QUALITY SERVICES - COUNTY TO REISSUE REQUEST FOR PROPOSAL Item #16E2 USAGE OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY'S INDUSTRIAL EQUIPMENT AND SUPPLIES DISCOUNT BID (051-DD9) OVER THE TWENTY-FIVE THOUSAND DOLLAR THRESHOLD FOR THE PURCHASE OF HARDWARE AND RELATED ITEMS FOR MAINTENANCE, OPERATIONS AND REPAIR- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 Page 276 April 26, 2005 AWARD RFP 05-3761, SAP CONSULTING SERVICES TO RAPIDIGM INC. AND TUI CONSULTING INC. - FOR AN ESTIMATED ANNUAL COST $150~000 Item #16E4 REJECT THE AWARD TO FORT BEND OF 25% SODIUM HYDROXIDE ON BID# 04-3706 "CHEMICALS FOR UTILITIES" AND AWARD CORRECTED ANNUAL ESTIMATE OF $94,050.00 TO ALLIED UNIVERSAL CORPORATION - DUE TO AN ERROR MADE IN THE BID TABULATION Item #16E5 AWARD RFPNO. 05-3799 TO PBS & J, BARRY, DUNN, MCNEIL & PARKER, AND PROCESS WORKS, INC. IN THE AMOUNT OF $225,000.00 - FOR PROCESS MAPPING/ ANALYSIS SERVICES Item #16E6 SUBMITTAL OF A HAZARD MITIGATION GRANT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEP ARTMENT OF HOMELAND SECURITY FOR RETROFIT OF COLLIER COUNTY HEALTH DEPARTMENT BUILDING H IN AN AMOUNT NOT TO EXCEED $350,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Fl AN OUT-OF-CYCLE FY2005 TDC CATEGORY "A" GRANT APPLICATION AND TOURISM AGREEMENT WITH THE CITY Page 277 April 26, 2005 OF NAPLES FOR LOWDERMILK PARK PARKING LOT RECONSTRUCTION/RESTORATION PROJECT #90019 IN THE AMOUNT OF $350,000 FOR WORK TO BEGIN JUNE, 2004 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16F2 AWARD RFP #05-3775 TO TURRELL AND ASSOCIATES, INC., IN THE AMOUNT OF $162,000, FOR AN ENVIRONMENTAL CONSULTANT FOR THE CLAM BAY RESTORATION Item #16F3 AN INTERLOCAL AGREEMENT BETWEEN THE NORTH NAPLES FIRE AND RESCUE DISTRICT AND COLLIER COUNTY FOR AN ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP PROGRAM AND APPROVE THE NECESSARY BUDGET AMENDMENT - TO ENHANCE ADVANCED LIFE SUPPORT SERVICES Item #16F4 A ONE-YEAR CONTRACT WITH HEALTHSTREAM, INC. TO PROVIDE DISTANCE LEARNING SOFTWARE FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT AT A COST OF $28.080 Item #16G 1- Continued to the May 10, 2005 BCC Meeting CONTRACT AMENDMENT A-2 INVOLVING CONTRACT #03- 3473 "CONSULTANT SERVICES FOR PREPARATION OF A LAND DEVELOPMENT OVERLAY FOR THE Page 278 April 26, 2005 BA YSHORE/GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (CRA) DISTRICT" TO INCREASE HOURLY RATES FOR PERSONNEL IN CONJUNCTION WITH THE 2005 CPI INDEX AND TO ADD PERSONNEL CATEGORIES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G2 RESOLUTION 2005-169: AUTHORIZING EXPENDITURE OF AN ANTICIPATED $500,000 UNITED STATES DEPARTMENT OF AGRICULTURE GRANT, AND THE EXPENDITURE OF AN ANTICIPATED $500,000 FLORIDA STATE RURAL INFRASTRUCTURE GRANT, IN WHICH BOTH GRANTS ARE TO FUND PHASE I CONSTRUCTION OF A SURFACE WATER MANAGEMENT DETENTION POND REQUIRED AT THE IMMOKALEE REGIONAL AIRPORT Item #16H1 REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO ATTEND THE NAPLES ALLIANCE FOR CHILDREN'S ANNUAL ADVOCACY DINNER AND APPLE BLOSSOM AWARD CEREMONY ON MAY 5, 2005 AT THE COUNTRY CLUB OF NAPLES; $35.00 TO BE REIMBURSED FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H2 REQUEST BY COMMISSIONER HALAS FOR PAYMENT HAVING ATTENDED THE MARINE CORPS LEAGUE OF NAPLES ANNUAL PRESS DAY LUNCHEON ON APRIL 20, Page 279 April 26, 2005 2005 AT THE ELKS LODGE; $13.00 TO BE REIMBURSED FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H3 REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO ATTEND THE NAPLES GULF SHORE ROTARY MEETING, WHERE HE WILL BE SPEAKING, ON MAY 4, 2005 AT THE NAPLES BEACH HOTEL; $15.00 TO BE REIMBURSED FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H4 REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL'S MEMBERSHIP MIXER HOSTED BY EDISON COLLEGE ON MAY 4, 2005 AT THE EDISON COLLEGE COLLIER CAMPUS (AT 7007 LELY CULTURAL PARKWAY); $15.00 TO BE REIMBURSED FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16I1 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 280 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 26, 2005 FOR BOARD ACTION: I. 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 February 26.2005 through March 4. 2005. 2. Disbursements for March 5. 2005 through March 11. 2005. 3. Disbursements for March 12.2005 through March 18.2005. 4. Disbursements for March 19.2005 through March 25. 2005. B. Minutes: 1. Forest Lakes Roadway Drainage M.S.T.U. Agenda for March 23, 2005 and April 13, 2005; Minutes of March 9,2005 and March 23, 2005. 2. Eayshore Beautification M.S.T.U. - Agenda for April 13, 2005; Minutes of March 9, 2005. 3. Collier County Planning Commission - Agenda for April 7, 2005; Minutes of February 17, 2005. 4. Collier County Hispanic Advisory Affairs Board - Minutes of February 24, 2005. 5. Collier County Library Advisory Board - Agenda for March 30, 2005; Minutes of February 23, 2005. 6. Pelican Bay Services - Minutes of March 2, 2005, and April 6, 2005; Statement of Revenue and Expenditures for March 31, 2005 a) Clam Bay Sub-Committee - Minutes of April 6, 2005 b) Budget Sub-Committee - Minutes of March 16,2005 7. Development Services Advisory Sub-Committee - Minutes of March 9, 2005. 8. Radio Road Beautification M.S.T.U. '- March 15, 2005 - no meeting due to lack of quorum. H:DataIFormat 9. Coastal Advisory Committee - Minutes for February 10,2005; Budget Workshop - Minutes of February 18,2005. 10. Collier County Citizen's Corps Advisory Committee - Agenda for March 16, 2005; Minutes of March 16,2005. 11. Environmental Advisory Council - Agenda for April 6, 2005; Minutes of March 2,2005. 12. Vanderbilt Beach M.S.T.U. - Agenda for April?, 2005; Minutes of March 3,2005. 13. Conservation Collier Land Acquisition Advisory Committee - Minutes of February 14, 2005. H:DataIFormat April 26, 2005 Item #16J1 A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS FROM MARCH 19, 2005 THROUGH APRIL 1,2005 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 Item #16K1 AN OFFER OF JUDGEMENT IN THE AMOUNT OF $1000.00 AS TO PARCEL 135 IN THE LAWSUIT STYLED COLLIER COUNTY V. EDWARD aLAR, TRUSTEE, ET AL., CASE NO. 96-1314-CA, RATTLESNAKE HAMMOCK ROAD FOUR-LANING (PROJECT NO. 65021) FISCAL IMPACT: $900.00 Item #16K2 RESOLUTION 2005-170: AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE WATER AND WASTEWATER UTILITY FACILITIES FOR THE AVE MARIA UTILITY COMPANY Item #16K3 Page 281 April 26, 2005 FOR THE BOARD OF COUNTY COMMISSIONERS TO (1) EXECUTE AN AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE BOARD OF COUNTY COMMISSIONERS WHICH WOULD HAVE THE EFFECT OF ALLOWING VARIATIONS FOR PLANTATION ISLAND (UNRECORDED) SUBDIVISION, UNITS ONE, TWO AND THREE FROM THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN REGULATIONS AS IMPLEMENTED BY COLLIER COUNTY THROUGH ITS GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE AND (2) DIRECT THAT THE DEFINITION OF THE TERM "VARIANCE" IN THE LAND DEVELOPMENT CODE BE AMENDED TO INCLUDE VARIATIONS FROM THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN REGULATIONS AS IMPLEMENTED BY THE LAND DEVELOPMENT CODE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K4 AUTHORIZE THE EMPLOYMENT OF A LAND USE ATTORNEY AND LEGAL SECRETARY TO BE DEDICATED TO COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ISSUES AND APPROVE THE NECESSARY BUDGET AMENDMENTS Item #17 A - Moved to Item #7B Item #17B RESOLUTION 2005-171: CU-2004-AR-6090, COLLIER COUNTY PUBLIC UTILITIES REPRESENTED BY BRIAN NELSON, ASLA OF AGNOLI, BARBER AND BRUNDAGE, Page 282 April 26, 2005 INC., REQUESTING A CONDITIONAL USE PURSUANT TO SECTION 2.01.13.G.1 OF THE LAND DEVELOPMENT CODE FOR "ESSENTIAL SERVICES," MORE PARTICULARLY IDENTIFIED AS A "MASTER PUMP STATION" IN THE ESTATES ZONING DISTRICT. THE PROPERTY IS LOCATED SOUTH OF IMMOKALEE ROAD, LESS THAN 1/2 MILE WEST OF WILSON BOULEVARD ON TRACT 84, UNIT 20, GOLDEN GATE ESTATES, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 1.65 ACRES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #17C ORDINANCE 2005-19: PUDZ-2004-AR-6383, WILLIAM L. HOOVER, MANAGER CATALINA PLAZA, LLC, REPRESENTED BY WILLIAM L. HOOVER, HOOVER PLANNING & DEVELOPMENT, INC. AND RICHARD D. YOV ANOVICH, GOODLETTE, COLEMAN, & JOHNSON, P.A., REQUESTING A REZONE FROM RURAL AGRICULTURAL (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR A PROJECT KNOWN AS THE CAROLINA PLAZA MIXED USE PUD TO ALLOW A MAXIMUM OF 64 DWELLING UNITS AND 150,000 SQUARE FEET OF RETAIL SPACE AND OFFICE SPACE. THE SUBJECT PROPERTY, CONSISTING OF 15.88 +/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD, APPROXIMATELY 'i4 MILE WEST OF COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - AS DETAILED IN THE EXECUTIVE SUMMARY Page 283 April 26, 2005 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:59 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~w.~ FRED W. COYLE, Cli uman ATTEST: DWIq~J',E. BROCK, CLERK ":Jj.. , \ ".' \.~ . '.: r- : .....:F~ .' >,' ': ; _~$t."" '1,.... S:.~' ,-, ", ..: '.. -". '." r ", . - . -' , ' ' Th'e's'&miriutes approved by the Board on 5-d-t}-OS presented V or as corrected . <Q{- , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 284