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BCC Minutes 05/24/2005 R May 24, 2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 24, 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 Courts Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS *''''' .1 "'.. ' ~~~, AGENDA May 24, 2005 9: 00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 May 24, 2005 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. April 26, 2005 - BCC/Regular Meeting C. May 3, 2005 - BCC/Affordable Housing Workshop D. May 11, 2005 - BCC/CRA Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) William Lorenz, Environmental Services 2) Kathryn Nell, County Attorney's Office 3) Raymond Ognibene, Wastewater Collections 4) Raymond Smith, Pollution Control B. 25 Year Attendees 1) Lazaro Blanco, Transportation Road Maintenance C. 30 Year Attendees 1) Candice Franco, Human Services Page 2 May 24, 2005 _'n ~.'----'- 4. PROCLAMATIONS A. Proclamation to recognize May 29, 2005 as the day to honor those Haitians who contributed to the greatness of America. To be accepted by Marie E. Innocent. B. Proclamation to designate May 30, 2005 as National Moment of Remembrance on Memorial Day. To be accepted by Jim Elson. C. Proclamation to designate the week of May 23 through May 29,2005 as Collier County Emergency Medical Services Week. To be accepted by Dan Summers, Collier County Emergency Management Director, and Jeff Page, Collier County Emergency Medical Services Director. 5. PRESENTATIONS A. Recommendation to recognize Karla Nicol, Fiscal Technician, Human Services, as Employee of the Month for May 2005 B. Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. C. Presentation to members of the Collier County Emergency Medical Services Department recognizing those EMS Paramedics, Firefighters and Law Enforcement Personnel who through their skills and knowledge have successfully brought back to life individuals who had died. The "Phoenix" is a mythological bird who died and rose renewed from its' ashes. 6. PUBLIC PETITIONS A. Public Petition request by Matt Finn to discuss current status of hard shell clam aquaculture in Collier County. B. Public Petition request by Marya Repko to discuss a Resolution for support in the funding of the continuing rehabilitation of Everglades City Hall. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. Page 3 May 24, 2005 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure provided bv Commission members. Marilyn L. Ross, Trustee of the Marilyn L. Ross Trust, represented by R. Bruce Anderson and Douglas A. Lewis of Roetzel & Andress, is requesting a variance for a 10- foot encroachment into the 20foot required rear setback for a swimming pool and screen enclosure leaving a 1 O-foot rear yard on a waterfront lot, as set forth in LDC Section 4.02.03. The subject property is located at 221 W. 3rd Street, in the Little Hickory Shores Subdivision, Unit 1, Lot 15, Block C, in Section 5, Township 48 South, Range 25 East, Collier County (Bonita Springs) Florida. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2004-AR-7005; Waldemar Bokrand of Golden Gate Import Export, Inc., represented by David McKee of Consul- Tech Development Services, Inc., requesting a variance to reduce the landscape buffer requirement between uses in a PUD for a varying width from 10 feet to 1 foot for a total distance of 101 Linear Feet along the south property line. The subject property is located in the Don Carlos Subdivision of Kings Lake PUD, Section 7, Township 50 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82± acres and is Page 4 May 24, 2005 located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. B. This item continued from the May 10,2005 BCC Meetin2. Public Hearing to consider Adoption of an Ordinance Establishing the Heritage Bay Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. C. Public Hearing to consider adoption of an ordinance establishing the Parklands Collier Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. D. Adopt a resolution amending the Public Utilities Division's Miscellaneous Fees for Services, which is Schedule Six of Appendix A to Section Four of Collier County Ordinance no. 2001-73, titled the Collier County Water- Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. E. Adopt a resolution amending the Public Utilities Division's meter installation charges (tapping fees) and backflow device charges, which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance no. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. F. Adopt a resolution amending the Public Utilities Division's effluent irrigation (reuse) customer rates, which is Schedule Three of Appendix A to Section Four of Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. G. Recommendation that the Board adopt a Resolution to amend the water and sewer rates (Schedule One of Appendix A to Section Four of Collier County Ordinance No. 2001-73, the County's Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance), providing a delayed effecti ve date. 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 4:00 p.m. Discussion regarding early departure from fill pits on Immokalee Road. (Commissioner Coletta) Page 5 May 24, 2005 '-~ 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 4:00 p.m. Discussion regarding early departure from fill pits on Immokalee Road. (Commissioner Coletta) B. Appointment of members to the Affordable Housing Commission. C. Commissioner Henning request for discussion to eliminate Ordinance 90- 60 creating the Citizens Advisory Task Force (CA TF) for the Small Cities Community Development Block Grant Program, as they have completed the tasks described in said Ordinance; and to amend Ordinance 91-65 creating the Affordable Housing Commission (AHC) to include the duty of controlling budget monies for the CDBC program and furthermore, to act as the sounding board between the County and local communities. D. Appointment of Commissioners to serve on the Value Adjustment Board and set the date for the Organizational Meeting. E. Discussion regarding creation of the Southwest Florida I -7 5 Expressway Authority. (Commissioner Coletta) F. This item to be approved with the Board of County Commissioners actin!! as the Community Redevelopment A!!ency. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. Resolution of the Board of County Commissioners of Collier County, Florida, amending and supplementing a resolution entitled, "A resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance of Collier County, Florida of $120,000,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the moneys received by the County from the herein described Gas Tax Revenues to secure payment of the principal of and interest on said bonds; providing for the rights of the holders of said bonds; providing for the issuance of additional bonds; providing for certain additional matters in Page 6 May 24, 2005 bonds; authorizing the awarding of said bonds pursuant to a public bid; delegating certain authority to the Chair for the award of the bonds and the approval of the terms and details of said bonds; appointing the paying agent and registrar for said bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto; establishing a book-entry system of registration for the bonds; authorizing municipal bond issuance for the bonds; authorizing a reserve account insurance policy with respect to the bonds; authorizing the execution and delivery of a continuing disclosure certificate; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) B. Recommendation to approve an Agreement for Sale and Purchase with Michael E. Watkins, Henry B. Watkins III, and Timothy G. Carroll, Trustees, D. Brooks Jones, and Gloria J. Borden for 26.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,177,000. (Joseph K. Schmitt, Administrator, Commmunity Development) C. Recommendation to adopt a resolution authorizing the condemnation 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). (Norman Feder, Administrator, Transportation Services) D. Approve Change Order No.2 for $1,090,000.00 for Construction Engineering & Inspection Services by Johnson Engineering, Inc. for Immokalee Road in order to continue their services, six-lane improvements, Project No. 60018. (Norman Feder, Administrator, Transportation Services) E. Recommendation to approve Supplemental Agreement No.5 to Professional Services Agreement No. 01-3195 in the amount of$271,295 for additional engineering services provided by CH2M Hill, Inc., for design and permitting modifications for the six-Ianing of Vanderbilt Beach Road from Airport- Pulling Road to Collier Boulevard, Project No. 63051. (Norman Feder, Administrator, Transportation Services) F. Recommendation to determine funding of items identified on the Page 7 May 24, 2005 --'-- Unfinanced Requirement (UFR) list developed during the FY05 budget process. (Michael Smykowski, Director, Office of Management and Budget) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to authorize the Environmental Services Department to submit a grant proposal to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to remove melaleuca within the Conservation Collier Railhead Scrub Preserve (America's Business Park). 2) Recommendation to approve an Agreement for Sale and Purchase with Katherine Lubbers, Mary Ann Chambly, and Ronald Gene Thomas for 1.14 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $37,850. 3) Recommendation to authorize payment for the members of the Collier County Code Enforcement Board to attend the Florida Association of Code Enforcement 2005 Educational Workshop. 4) Recommendation to approve Petition A VESMT2005-AR7154 to Page 8 May 24, 2005 --_.,~ disclaim, renounce and vacate the County's and the Public's interest in the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 980, Pages 1374 through 1375, and in the Irrigation Main Easement as referenced in Resolution No. 92-341, as recorded in Official Record Book 1740, Pages 919 through 948, Public Records of Collier County, Florida, located in Section 20, Township 48 South, Range 26 East. 5) Recommendation to approve an Agreement for Sale and Purchase with Antonie and Stefan Cooke for 1.59 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,900. 6) Recommendation to approve for recording the final plat of "Fiddler's Creek Unit 5, Aviamar Phase One", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to approve for recording the final plat of "Valencia Lakes Phase 5-A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to approve claims by two former owners of lots within Imperial Wilderness RV Resort, for reimbursements totaling $5,456.88 in overpaid impact fees, and authorize payments of the same. 9) Approve a contract between the Florida Fish and Wildlife Conservation Commission for the maintenance of waterways markers and authorize the Environmental Services Director to sign contract modifications adjusting funding. 10) Recommendation to approve an Amendment to the Water Well Construction Program Delegation Agreement with South Florida Water Management District. 11) Recommendation to approve submission of the 2005 Continuum of Care (CoC) Homeless Assistance Consolidated Grant application to the United States Department of Housing and Urban Development (HUD) in the amount of$597,321, and authorize the Chairman to sign Page 9 May 24, 2005 --~---- the application on behalf of Collier County and the Board of County Commissioners (BCC). B. TRANSPORTATION SERVICES 1) Recommendation to approve a Resolution establishing a "No Parking" zone on Vanderbilt Beach Road (CR 862) for a distance of 1000 feet east and 1000 feet west of the centerline of Vanderbilt Drive (CR 901) along both the northern and southern shoulders of Vanderbilt Beach Road, at a cost of approximately $1600. 2) Recommends Board's approval of Adopt-A-Road Agreements (3) for the following: John R. Wood, Inc. Realty-Jean-Marc Katzeff, A Toda Marcha and A Toda Marcha. 3) Recommendation to award Bid #05-3804, "Traffic Pre-Emption Equipment," to Temple, Incorporated. 4) A Resolution of the Collier County Board of County Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). ($556,218) 5) Recommendation to award RFP 05-3798, in the amount of$134,002, to Tindale-Oliver and Associates, Inc., for consultant services for a Transportation Facilities Impact Fee Update Study. 6) Recommendation to approve a Work Order in the amount of $314,275.50 to DN Higgins, Inc. for the Fish Branch Creek Box Culvert Project (Project #510211), in accordance with the General Underground Utility Contract No. 04-3535 7) Recommendation to award and approve a contract for RFP-05-3774 "Gordon River Water Quality Park-Engineering Design" in the amount of $599,850.00 to CH2M Hill. 8) Recommendation to award Bid #05-3822, "Fiber Optic Communications Installation and Maintenance," to Kent Technologies, Incorporated (primary) and Precision Contracting Services, Incorporated (secondary) as part of a joint fiber optics Page 10 May 24, 2005 _~ ,_.~,__.,_..,"." .w__.._,.,_, infrastructure project between the Collier County Traffic Operations Department (project #60172-2) and the Information Technology Department (project #50028) at an estimated cost of $659,070.51. 9) Recommendation to approve Supplemental Agreement No.2, to Professional Services Agreement No. 02-3398 in the amount of $362,688.00 for Additional Engineering Services to be provided by CH2M Hill, Inc., for design and permitting modifications for the six- laning of Collier Boulevard from Golden Gate Boulevard to Immokalee Road, Project No. 65061. 10) Recommendation to approve advertisement for bids to construct the six-Ianing of Collier Boulevard, from Golden Gate Boulevard to Immokalee Road, Project No. 65061 at an estimated construction cost of $20,000,000. 11) Recommendation to award Bid #05-3810 "Livingston Road Landscape Maintenance Annual Contract" to Commercial Land Maintenance, Inc. in the amount of $341 ,491.11 including the alternates. 12) Recommendation that the Board of County Commissioners waive re- payment of fleet expenses, totaling $121,100.82, which are due from ATC/Intelitran Inc. and supplement their insurance payments up to $187,000. 13) Recommendation that the Board approve, and authorize the Chairman to execute an amendment to the current contract with McDonald Transit Associates, Inc. to implement operational modifications to the Collier Area Transit (CAT) System 14) Recommendation to award Bid #05-3820, "US 41 Roadway Lighting Maintenance" to Kent Technologies, Incorporated for an estimated annual cost of $130,500. 15) Recommendation that the board approve initiating the Competitive Selection and Negotiation process to secure and execute a professional services agreement with a qualified engineering/ surveying firm to conduct the required survey in Golden Gate Estates Page 11 May 24, 2005 (GGE) area for approximately 100 miles of local roadways, and the associated drainage improvements. 16) Recommendation to award bid #05-3832 Livingston Road (Vanderbilt Beach Road to Immokalee Road) landscape and irrigation installation to Vila and Son Landscaping Corporation with a base amount of $692,040.83 and 10% contingency of $69,204.08 for a total of $761,244.91. 17) Recommendation to award bid #05-3832 Golden Gate Parkway landscape and irrigation installation to Vila and Son Landscaping Corporation with a base amount of$405,776.90 and 10% contingency of$40,577.69 for a total of$446,354.59. 18) Recommendation to award Collier County Bid #05-3830 Davis Boulevard Landscape and Irrigation Renovations to Vila & Son Landscaping Corporation with a base bid amount of$112,858.75 and the Brookside Planting Addendum #3 bid alternate of$19,083.20 plus a 10% contingency for a total of$145,136.14. 19) Recommendation to award bid #05-3830 U.S. 41 North (Vanderbilt Beach Road to Immokalee Road) landscape and irrigation installation to Vila and Son Landscaping Corporation with a base amount of $277,756.27 and 10% contingency of$27,775.63 for a total of $305,531.90. 20) Recommendation to award bid #05-3830 U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation installation to Hannula Landscaping with a base of$429,439.58 and 10% contingency of $42,943.96 for a total of$472,383.53. 21) Recommendation to award bid #05-3812 Goodlette Frank (Pine Ridge Road to Vanderbilt Beach Road) Landscape and Irrigation Installation to Hannula Landscaping with base amount and alternates of $631,635.43 and 10% contingency of$63,163.54 for a total of $694,798.97 (Project # 601344). C. PUBLIC UTILITIES 1) Recommendation to approve a budget amendment to transfer funds in Page 12 May 24, 2005 the amount of$395,000 from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies, in addition to a transfer of $17,000 from the North County Water Reclamation Facility's capital operating budget and $33,000 from the South County Water Reclamation Facility's capital operating budget to cover unanticipated operating expenses in the amount of $445,000 incurred by the North County Water Reclamation Facility, Wastewater Reuse, and the South County Water Reclamation Facility. 2) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $77.00 to record the Satisfactions of Lien. 3) Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $48.50 to record the Satisfactions of Lien. 4) 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. 5) 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 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 6) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 7) 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. Page 13 May 24, 2005 8) 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 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 9) Recommendation to purchase a MC2 Mapping Mobile Collection System from AMCO Water Metering Systems, Inc. in the amount of $36,000.00. 10) Recommendation to adopt a Resolution authorizing the acquisition of land by gift or purchase of non-exclusive perpetual utility and maintenance easements, temporary construction easements and access easements for the construction of water transmission mains along C.R. 951 (Collier Boulevard) from Davis Boulevard south to U.S. 41, Project Numbers 70151 and 70152, at a cost not to exceed $2,297,444. 11) Approval of the return of the fund balance of$82,402.10 to the Florida Department of Environmental Protection (FDEP) for Contract no. GC623, task assignment 2 and 3 and the necessary budget amendment. 12) Board approval of a budget amendment to recognize additional revenue from insurance company refunds in the amount of$9,415. 13) Recommendation to approve the transfer of a 0.25 FTE (Full Time Equivalent) position from Miscellaneous Grants Fund (116) to Water Pollution Control Fund (114). 14) Recommendation to award the construction of a "Pigging Station for Immokalee Road 30-inch Force Main", Bid 05-3766R, Project 739431, for $643,500.00 to Douglas N. Higgins, Inc. 15) Request to add two Full Time Equivalents (FTE's) in July 2005 that were previously approved by the Board of County Commissioners for the FY2006 Budget and approve a related budget amendment. The positions are for customer service pertaining to the Solid Waste Page 14 May 24, 2005 Mandatory Collection and Disposal program. Fiscal impact is $38,700 for FY2005. 16) Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $24,500.00, to assist the Collier County Water-Sewer District (the District") in the establishment of bulk water and wastewater service rates to provide bulk service to specific areas served by the City of Marco Island ("the City"), to develop water and wastewater impact fees for providing long term bulk service to the City and to review the wholesale water and wastewater agreements between the District and the City. 17) Recommendation to approve the award of Contract #05-3829 for a paved pathway and viewing benches around Ponds A and B at the Eagle Lakes Nature Interpretive Center Project 74050, in the amount of $357,379.12. D. PUBLIC SERVICES 1) Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $70,000. 2) Recommendation to award bid #05-3843 for food for the summer meal program for Parks and Recreation to Cheney Brothers, Inc. at an estimated cost of $125,000. 3) Recommendation to approve a budget amendment to fund hiring Sheriff's deputies to provide traffic control at the north and south ends of Gulfshore Drive during weekends, holidays, and spring break. 4) Recommendation to approve deductive Change Order No. 11 in the amount of(-$1,339,711.79) for direct purchase of materials for the North Naples Regional Park, Contract No. 01-3189. 5) Recommendation to accept donated funds in the amount of$4,109.36 and approve a budget amendment recognizing the revenue and appropriating funds for Veterans Community Park. 6) Recommend awarding of Bid 05-3786 Veterinary Supplies, Page 15 May 24, 2005 -<~- Medicines, and Drugs for Domestic Animal Services Department in the estimated annual amount of$15,000 for supplies and $53,000 for medicines and drugs. E. ADMINISTRATIVE SERVICES 1) That the Board of County Commissioners approve fuel purchases with the GLOBAL-FLEET (Voyager) Credit Card in excess of$25,000 on an annual basis while under contract with GLOBALFLEET (V oyager). 2) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of April 9, 2005, resulting in $490,227.00 in gross revenues. 3) Recommendation to award Bid #04-3714 to Massey Services, Inc. as the new primary vendor and to terminate Terminix International Company for annual pest control services. 4) Recommendation to approve a Budget Amendment to transfer $173,000 from Government Security, Personnel Services to Government Security, Other Contractual Services to cover the operating costs of contract security services. 5) Recommendation to approve a First Amendment to City of Naples Airport Authority Lease Agreement North Quadrant for the Sheriff's Office Operations Facility. 6) To receive approval to utilize the contract between the Collier County School Board and Willis, Inc. for fiscal year 2006 group benefit brokerage and actuarial consulting services in an amount not to exceed $93,000. 7) Recommendation to approve the after-the-fact submittal of a revised Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for Retrofit of Collier County Health and Public Services Building H in an amount not to exceed $804,294. F. COUNTY MANAGER Page 16 May 24, 2005 1) Recommendation to approve submittal of a Florida Boating Improvement Program Grant to the Florida Fish and Wildlife Conservation Commission for the Near Shore Reef Mooring Buoys in the amount of $125,000. 2) Recommendation to award Bid # 05-3769 to multiple vendors for "EMS Expendable Medical Supplies and Equipment." 3) Recommendation to approve a Resolution adopting the revised Comprehensive Emergency Management Plan for Collier County. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve a resolution authorizing the execution of the Master Joint Participation Agreement (MJP A) between Florida Department of Transportation and the Collier County Airport Authority for funding projects at Everglades, Immokalee, and Marco Island airports. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner Henning to attend the Urban Land Institute Southwest Florida Market Trends 2005 conference on May 25,2005 at the Three Oaks Banquet Center in Estero; $25.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC Trustee Post-Legislative Delegation Luncheon on Thursday, May 19, 2005 at the Naples Sailing and Yacht Club; $30.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner was the keynote speaker for the Southwest Florida Federated Republican Womens Club luncheon on May 2,2005, at the Arbor Page 17 May 24, 2005 "~".'----.,... Trace Country Club. $15.00 to be reimbursed from Commissioner Halas' travel budget. 4) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Memorial Day Observance Barbeque honoring America's fallen heroes on May 30,2005. $5.00 to be reimbursed from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended Ave Maria University's Graduation Reception and Luncheon on May 7, 2005. $45.00 to be reimbursed from Commissioner Coletta's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Coletta was a speaker at the ribbon cutting event for the new Science Building at International College to introduce the Health/Science Graduate Programs. There was a luncheon following. $10.00 to be reimbursed from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve an extension of Byrne Grant 2005-CJ- K3-09-21-0 1-042 from September 30, 2005 to December 31, 2005 to allow additional time for the Clerk of Courts to test required software. 2) Recommendation that the Board of County Commissioners approve the use of Confiscated Trust Funds for crime prevention purposes. 3) 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 opened from April 16, 2005 through April 29, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said Page 18 May 24, 2005 purchases. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, Florida. K. COUNTY ATTORNEY 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 P ARTICIP ANTS MUST BE SWORN IN. A. Petition: SE-2005-AR-7410 Scrivener's Error for correction of language contained within Section 6.6. B of the approved Triad PUD document to clarify the rental restriction for the subject property. B. SE-2005-AR-7412; A resolution of the Board of County Commissioners amending Resolution Number 03-223, pertaining to the Vanderbilt Presbyterian Church Conditional Use, to correct a Scrivener's Error due to omission of an accurate measurement in the legal description of the site contained within Exhibit "B". C. This item continued from the May 10, 2005 BCC Meetin!!. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amend the Water and Sewer Impact Fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended) and providing for an effective date of July 1, 2005. Page 19 May 24, 2005 -......-- D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to adopt a resolution amending Stewardship Sending Area 3 ("BCI SSA 3") in the Rural Lands Stewardship Area Overlay District (RLSA), designating 248.9 acres therein as BCI SSA 3A, approving a credit agreement for BCI SSA 3A and establishing the number of credits generated by the designation of said Stewardship Sending Area ("BCI SSA 3A"). E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to adopt a resolution amending Stewardship Sending Area 5 ("BCI SSA 5") in the Rural Lands Stewardship Area Overlay District (RLSA), designating 651.3 acres therein as BCI SSA SA, approving a credit agreement for BCI SSA SA and establishing the number of credits generated by the designation of said Stewardship Sending Area ("BCI SSA SA"). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 20 May 24, 2005 .".._~~ May 24, 2005 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Thank you very much. The Board of County Commissioners' meeting is now in session. Mr. Mudd, who do we have for the invocation today? Is that going to be you? Will you all please stand for the invocation, please. MR. MUDD: Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff, and the members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide, lead and direct the decisions made here today so that your will for our county would always be done. These things we pray in your name, amen. CHAIRMAN COYLE: Would you please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND OR ADOPTED WITH CHANGES CHAIRMAN COYLE: Okay. Mr. Mudd, do you want to tell us about any changes to the agenda? MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners' meeting, May 24th, 2005. The first item, request to continue item 10D to June 14th, 2005, Page 2 May 24, 2005 BCC agenda, and that's to approve change order number two for $1,080,000 for the construction and engineering and inspection services by Johnson Engineering, Inc., for Immokalee Road in order to continue their services, six-lane improvements, project number 60018, and that was at staffs request. Next item is to add item lOG, and that's a recommendation to authorize Board of County Commissioners' Chairman to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation on behalf of Collier County for receipt of federal dollars for Tamiami Trail enhancements at the Port of the Islands Community. That basically came in as a late request from petitioner from the community, and the MPO had made a decision to discontinue the scenic route on 41, but there are some dollars, and we believe we can help the community do what they want to do out there as far as their medians and sign and whatnot. So we added it to the agenda, and all commissioners have received a copy. Next item is to request to continue item 16B5 to the June 14th, 2005, BCC meeting. It's a recommendation to award RFP-05-3798 in the amount of $134,002 to Tindale-Oliver and Associates for consultant services for the transportation facilities impact fee impact study, and that's at staffs request. The next item is to move 16B12 to 10H, and that's a recommendation that the Board of County Commissioners waive repayment of Fleet expenses totaling $121,182 which are due from A TC/Intelitran, Inc., to implement operational modifications to the Collier Area Transit System, and that's at Commissioner Coyle's request. The next item is to move item 16B13 to 101, and that's a recommendation that the board approve and authorize the chairman to execute an amendment to the current contract with McDonald Transit Associates, Inc., to implement operational modifications to the Collier Page 3 ~'--'-"~--'~'-""--'~"-'._--~---~--'--'-"-----,..... May 24, 2005 Area Transit (CAT) System, and that's also at Commissioner Coyle's request. The next item is item 16B 19. The obj ective of the executive summary should read, to provide landscape and irrigation installation on u.S. 41 North rather than Livingston Road, Vanderbilt Beach to Immokalee, and that's at staffs request. Somebody -- somebody carried over that objective from item 16B 16, and it was the same one on that item, but -- and when you read 16B19, it basically has the u.S. 41 North through it all except in the objective, and that clarifies that particular item. The next item is to withdraw item 16C9, and that's a recommendation to purchase an MC2 Mapping Mobile Collection System from AM CO Water Metering Systems, Inc., in the amount of $36,000, and that's at staffs request. The next item is to move 16D3 to 10J, and that's a recommendation to approve a budget amendment to fund hiring sheriffs deputies to provide traffic control at the north and south ends of Gulfshore Drive during weekends, holidays, and spring break, and that was at Commissioner Henning's request. Item 16E 1 is a note for the record. This purchase is being made off the State of Florida Purchase Contract, and that's at staffs request. Next item is item 17D, the third paragraph of the resolution should read: Whereas, owner has voluntarily requested the removal of two additional land use layers, rather than, an additional land use layer, and that's at staffs request. The next three items on the back -- on the back of the page -- and I'll try to summarize these to some extent -- they're time certain items. The first item that's time certain is at 11 a.m. this morning, and that's item lOA to be heard, again, at 11 a.m., and that's basically the gas tax bond issue, the second bond issue that will be coming forward to the Board of County Commissioners, and that bond is for approximately a hundred million dollars. Page 4 -----.- May 24, 2005 The next item that's time certain is item 8A to be heard at one p.m. today, and that is the Bembridge PUD, and that has to do with the emergency services complex zoning that the board will hear. Again, item 8A, which is the Bembridge PUD, which has to do with the emergency services complex building, will be heard at one p.m. The next item to be heard, which is a time certain, is item 9 A, and that's to be heard at four p.m., and that's a discussion regarding early departure from fill pits on Immokalee Road, and that's at Commissioner Coletta's request. That's all I have, sir. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Mudd. Does the county attorney have anything? MR. WEIGEL: No, thank you. Mr. Mudd has covered it all. CHAIRMAN COYLE: Okay. Then I'll ask the Board of County Commissioners if they have ex parte disclosures for the consent and summary agenda and any changes to the regular agenda. Commissioner Halas? COMMISSIONER HALAS: Good morning, Chair. This morning I -- the only disclosures I have on the summary agenda are 1 7D and 17E, and I have no other changes that I want to bring forth at this time for the regular agenda. CHAIRMAN COYLE: Okay, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I have no changes to the regular agenda and no disclosures on the summary agenda. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes, and on the summary -- I'm sorry. It will just take a second here -- and I have no disclosures on the summary agenda either. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Mr. Chair, I have no disclosures Page 5 -- -""---'~-'<»'-"'-'-"'-""-----.- May 24, 2005 on today's summary agenda and no further changes to today's agenda. CHAIRMAN COYLE: And I have no further changes to the agenda, and I also do not have any disclosures for the summary agenda. Do I hear a motion for approval of the regular, consent, and summary agenda as amended? COMMISSIONER FIALA: So moved. COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: Motion by Commissioner Coletta, a 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. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. Page 6 -.......<.....------ AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 24. 2005 Reauest to continue Item 10D to June 14. 2005 BCC Aaenda: Approve Change Order No. 2 for $1,080,000 for Construction and Engineering and Inspection Services by Johnson Engineering, Inc., for Immokalee Road in order to continue their services, six-lane improvements, Project No. 60018. (Staffs request) Add Item 10G: Recommendation to authorize Board of County Commissioners Chairman to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation, on behalf of Collier County, for receipt of Federal dollars for Tamiami Trail enhancements at the Port of the Islands community. (Staff's request.) Reauest to continue Item 16B5 to the June 14. 2005 BCC Aaenda: Recommendation to award RFP-05-3798 in the amount of $134,002, to Tindale- Oliver and Associates, Inc., for consultant services for a Transportation Facilities Impact Fee Update Study. (Staff's request.) Move 16B12 to 10H: Recommendation that the Board of County Commissioners waive re-payment of fleet expenses, totaling $121,100.82, which are due from ATCllntelitran, Inc. to implement operational modifications to the Collier Area Transit (CAT) System. (Commissioner Coyle's request.) Move 16B13 to 101: Recommendation that the Board approve and authorize the Chairman to execute an amendment to the current contract with McDonald Transit Associates, Inc., to implement operational modifications to the Collier Area Transit (CAT) System. (Commissioner Coyle's request.) Item 16B19: The "OBJECTIVE" of the Executive Summary should read: To provide landscape and irrigation installation on U.S. 41 North (rather than Livingston Road) (Vanderbilt Beach Road to Immokalee Road). (Staff's request.) Withdraw Item 16C9: Recommendation to purchase a MC2 Mapping Mobile Collection System from AMCO Water Metering Systems, Inc., in the amount of $36,000. (Staff's request) Move 16D3 to 10J: Recommendation to approve a budget amendment to fund hiring Sheriffs deputies to provide traffic control at the north and south ends of Gulfshore Drive during weekends, holidays and spring break. (Commissioner Henning's request.) Item 16E1: Note for the record: This purchase is being made off the State of Florida Purchase Contract. (Staff's request.) Item 17D: The third paragraph of the Resolution should read: "Whereas, Owner has voluntarily requested the removal of two additional land use layers . . . ." (rather than "an additional land use layer. . . . ." ) (Staffs request.) Page 2 Agenda Changes May 24, 2005 Time Certain Items: Item 8A to be heard at 1 :00 p.m. PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82± acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Item 9A to be heard at 4:00 p.m. Discussion regarding early departure from fill pits on Immokalee Road. (Commissioner Coletta) Item 10A to be heard at 11:00 a.m. Resolution of the Board of County Commissioners of Collier County, Florida, amending and supplementing a resolution entitled, "A resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance of Collier County, Florida of $120,000,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the moneys received by the County from the herein described Gas Tax Revenues to secure payment of the principal of and interest on said bonds; providing for the rights of the holders of said bonds; providing for the issuance of additional bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this resolution." Authorizing the issuance of the Collier County, Florida Gas Tax Revenue Bonds, Series 2005 in an aggregate principal amount of not exceeding $100,000,000; making certain covenants and agreements with respect to said bonds; authorizing the awarding of said bonds pursuant to a public bid; delegating certain authority to the Chair for the award of the bonds and the approval of the terms and details of said bonds; appointing the paying agent and registrar for said bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto; establishing a book-entry system of registration for the bonds; authorizing municipal bond issuance for the bonds; authorizing a reserve account insurance policy with respect to the bonds; authorizing the execution and delivery of a continuing disclosure certificate; and providing an effective date. May 24, 2005 Item #2B, #2C and #2D MINUTES OF THE APRIL 26, 2005 BCC REGULAR MEETING, MINUTES OF THE MAY 3,2005 BCC/AFFORDABLE HOUSING WORKSHOP MEETING AND MINUTES OF THE MAY 11, 2005 BCC/CRA WORKSHOP MEETING - APPROVED Do I hear a motion for approval of the April 26, 2005, BCC regular meeting minutes, the May 3rd, 2005, BCC, affordable housing workshop minutes, and the May 11, 2005, BCC/CRA workshop? COMMISSIONER HALAS: So move. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. Item #3A SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) - PRESENTED County Manager, I think we have service awards for our employees and advisory members today. MR. MUDD: Yes, sir, we do. We have several, sir. Are we Page 7 May 24, 2005 going to come down, or are we going to do it from up there? CHAIRMAN COYLE: We're going to come down. MR. MUDD: Mr. Chairman, Commissioners, it's, indeed, an honor today that I have the privilege to announce the 20-year awardees for service to our county. And the first recipient is Bill Lorenz from environmental servIces. (Applause.) COMMISSIONER FIALA: Thanks for all your hard work. COMMISSIONER HALAS: Thank you very much for all your hard work. COMMISSIONER HENNING: Congratulations. COMMISSIONER FIALA: Staying power. CHAIRMAN COYLE: And patience. MR. MUDD: Okay. Our next recipient -- and, David, I hope you'll let her come down -- is Kathryn Nell from the county attorney's office. (Applause.) MR. MUDD: The next recipient is Raymond Ognibene from wastewater collections. (Applause.) COMMISSIONER FIALA: Thanks for all your staying power. COMMISSIONER HALAS: Thanks. MR. MUDD: And the next 20-year recipient is Raymond Smith from pollution control. (Applause.) COMMISSIONER FIALA: I congratulated you in the elevator. Thanks for all you do. COMMISSIONER HENNING: Yes, very well done, thanks. MR. MUDD: We have a 25-year recipient, and that's Lazaro Blanco from transportation road maintenance. (Applause.) Page 8 May 24, 2005 COMMISSIONER FIALA: You have always been in road maintenance all those 25 years? MR. BLANCO: Yes. COMMISSIONER HALAS: Thanks. COMMISSIONER COLETTA: Congratulations for 25 years. MR. MUDD: We have a 30-year recipient, and that's Candice Franco from human services. (Applause.) CHAIRMAN COYLE: Congratulations. Thank you very much. COMMISSIONER FIALA: I'll bet you're proud. You should be. COMMISSIONER HALAS: Another 30 years? Item #4A PROCLAMATION TO RECOGNIZE MAY 29, 2005 AS THE DAY TO HONOR THOSE HAITIANS WHO CONTRIBUTED TO THE GREATNESS OF AMERICA-ADOPTED MR. MUDD: Commissioner, that concludes our service awards for today. Commissioner, and that brings us to proclamation, paragraph 4, 4A. It's a proclamation to recognize May 29th, 2005, as a day to honor those Haitians who contributed to the greatness of America. To be accepted by Marie E. Innocent. CHAIRMAN COYLE: And to be present for the presentation of this proclamation is Maria-Elsie Innocent, president and spokesperson, and Honorable Raymond Joseph, Haitian Ambassador in Washington, DC. Are all of these people here? COMMISSIONER COLETTA: Right in the front row. CHAIRMAN COYLE: Okay, good. Honorable Ralph Latortue, Haitian Consul General in Miami; Honorable Maurissaint Jean-Irvelt Page 9 May 24, 2005 Chery, former Senator for Southeastern Haiti; Pastor J ean- Renaud Paul, Clergy; Pastor Jose Innocent, Clergy; Tony Chermeal, Clergy; and Frank and Anna Rodriguez; Nicolas Desilus; Pierre, Marie Pierre; Max Desir; Joseph A. Derival; and Vickijo Lechworth. Are all those people here? If you are, please come up to the front, because Commissioner Coletta is going to read this proclamation for you. COMMISSIONER COLETTA: This is, indeed, an honor to be able to read this proclamation today in honor of our Haitian residents and members of the community. Whereas, Collier County recognizes the month of Mayas a special meaning for the Haitian-American community living in Collier County; and, Whereas, May 18th is Haitian Flag Day, one of the most beloved holidays; and, Whereas, May marks an anniversary of the declaration of abolishing slavery proclaimed by the "Society of Friends with the Negroes," which gave new life to the struggle for independence in Haiti; and, Whereas, also (sic) marks an anniversary of the Haitian American Corporation, Incorporated; and, Whereas, May coincides with Memorial Day and should be a month to remember those Haitians who came to fight for the independence of the United States of America, many of whom engaged with valor and distinction in the Battle of Savannah, Georgia. Now, therefore, be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida, that May 29th, 2005, be recognized as the day to honor those Haitians who contributed to the greatness of America, together with all those ethnic groups that have come to this country to make it a beacon for the world. Done and ordered this, the 24th day of May 2005, Fred Coyle, Chairman. Page 10 May 24, 2005 And it's my pleasure, sir, to make a motion for approval. COMMISSIONER FIALA: Second it. CHAIRMAN COYLE: Motion for approval 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: It is unanimous. Thank you very much. (Applause.) COMMISSIONER FIALA: Hello, how are you? Good to see you agaIn. CHAIRMAN COYLE: Would you like to say something? At the podium. MS. INNOCENT: Well, today's a great day. And I thank you, to the commissioners, for giving us the opportunity to have that great proclamation for the Haitian community, and thank you, again, and God bless America. CHAIRMAN COYLE: Thank you. (Applause.) Item #4 B PROCLAMATION TO DESIGNATE MAY 30, 2005 AS NATIONAL MOMENT OF REMEMBRANCE ON MEMORIAL DAY - ADOPTED MR. MUDD: Sir, the next item is 4B, and that's a proclamation to designate May 30th, 2005, as National Moment of Remembrance Page 11 ~'--'-'--'-"'~~'~----~---,-.. May 24, 2005 on Memorial Day, to be accepted by Major Ed Elson. CHAIRMAN COYLE: How about Jim Elson? MR. MUDD: Jim. CHAIRMAN COYLE: Come on, Jim. MR. ELSON: Oh, thank you. I'm coming. CHAIRMAN COYLE: Which do you prefer, Jim or Ed? MR. ELSON: Jim is fine. CHAIRMAN COYLE: Jim, okay. MR. ELSON: My other twin. CHAIRMAN COYLE: Whereas, three years after the Civil War ended on May the 5th, 1868, the head of an organization of union veterans, the Grand Old Army of the Republic, established Decoration Day as a time for the nation to decorate the graves of the war dead with flowers; and, Whereas, Major General John A. Logan declared Decoration Day should be observed on May the 30th. It is believed that this date was chosen because flowers would be in bloom all over the country; and, Whereas, by the end of the 19th century, Memorial Day ceremonies were being held on May the 30th throughout the nation. State legislators passed proclamations designating the day, and the Army and the Navy adopted regulations for proper observance at their facilities; and, Whereas, after Wodd War I, the day was expanded to honor those who have died in all American wars; and, Whereas, we celebrate Memorial Day to remind all Americans of the importance of remembering those who sacrificed for their freedom; and, Whereas, we recognize those 83 Floridians who have given their lives in Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, to join us in a unifying act Page 12 ___·'_..____.___....__0__----...- May 24, 2005 of remembrance for all Americans, and to observe the national moment of remembrance on Memorial Day, Monday, May the 30th, 2005, at three p.m., local time. Done and ordered this 24th day of May, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Commissioners, I make a recommendation that we approve this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN COYLE: Okay. There's a second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimously. Jim, thank you very much. Appreciate all your hard work. (Applause.) CHAIRMAN COYLE: Wait, get a picture in your uniform. MR. ELSON: In my uniform, my work uniform. Thanks. Today IS -- CHAIRMAN COYLE: By the way, Jim Elson is a veteran and president of the Veterans Council of Collier County. MR. ELSON: Right, thank you. CHAIRMAN COYLE: So just make sure everybody understands what a good job you do. MR. ELSON: Well, I want to thank you for your support of the Veterans Council, and particularly for remembering the moment of silence on Memorial Day, which is, of course, going to be at three p.m. In the morning, at 9:30 at the Naples Memorial Gardens, we are Page 13 May 24, 2005 having our annual ceremony. That's on lllth Avenue North just north of Naples Park. And this year we're honoring the soldiers, men and women, who have died in defense of our freedoms, not only from all wars, but particularly in Iraq and Afghanistan. We have also had one soldier from Collier County be killed in action. So this year is to pay tribute to those particular people who are currently fighting this war on terrorism and also to honor and thank the people from Collier County who have served who have spent their time overseas that are now back being residents in Collier County. We'll have 15 to 20 of those honorees at our ceremony to thank them as well. CHAIRMAN COYLE: Good. Thank you very much, Jim. MR. ELSON: Thank you very much. CHAIRMAN COYLE: Appreciate it. MR. ELSON: Appreciate your support. CHAIRMAN COYLE: Good, thank you. (Applause.) Item #4C PROCLAMATION TO DESIGNATE THE WEEK OF MAY 23 THROUGH MAY 29, 2005 AS COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEEK - ADOPTED MR. MUDD: Sir, the next proclamation is 4C. It's a proclamation to designate the week of May 23rd through May 29th, 2005, as Collier County Emergency Services' Week, to be accepted by Dan Summers, Collier County emergency management director, and Jeff Page, Collier County Emergency Medical Services director. CHAIRMAN COYLE: And this proclamation will be presented by Commissioner Halas. COMMISSIONER HALAS: I see an awful lot of EMS people in Page 14 ~..~-_.~_..," . - ---- --...------1"'- May 24, 2005 the back. If they'd like to come forward to be recognized today-- because I think it's very, very important to the -- of the work that you do here in Collier County. You're more than welcome to come up in front here. COMMISSIONER FIALA: Somebody has to start. COMMISSIONER HALAS: Don't move. COMMISSIONER COLETTA: We need a leader here to lead the way. CHAIRMAN COYLE: I'm having a heart attack. COMMISSIONER FIALA: Commissioner Halas -- all right. That's a woman leading the way, right. COMMISSIONER HALAS: Whereas, the Collier County Bureau of Emergency Services', Department of Emergency Medical Services paramedics care for victims of sudden life-threatening injuries and illnesses, often under stressful conditions and in high-risk situations to save the lives of others; and, Whereas, the EMS paramedics must rapidly assess, manage, and effectively provide care in unpredictable situations that require putting themselves in danger; and, Whereas, EMS paramedics are often the first contact many residents and visitors to Florida have with the health care system, the residents and visitors of the State of Florida benefit daily from their efforts; and, Whereas, the EMS paramedics provide education, assessment, prevention, and referral services in addition to their emergency activities; and, Whereas, it is crucial that the general public be made aware of, understand and support, and effectively use its local emergency medical services system; and, Whereas, recognition is due to all emergency medical professionals serving in a variety of roles for their unselfish dedication to Florida's residents and visitors. Page 15 May 24, 2005 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 23rd through May 29th, 2005, be designated as Collier County Emergency Medical Services Week. Done and ordered this 24th day of May, 2005, Board of County Commissioners, Collier County, Fred W. Coyle, Chair. And I move that we accept this proclamation and approve it. CHAIRMAN COYLE: Motion by Commissioner Halas, a second by? COMMISSIONER FIALA: Here. CHAIRMAN COYLE: By Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much. (Applause.) COMMISSIONER FIALA: Get up front so we can see you. COMMISSIONER HALAS: We've still got some more in the back there. (Applause.) COMMISSIONER HALAS: Dan or Jeff, one of you, whoever wants to accept this. Thank you for the dedicated work you do. CHAIRMAN COYLE: Thank you very much, Dan. MR. SUMMERS: Commissioners, thank you. This is an exciting day . You're going to see some of these faces again in support and recognition of their Phoenix awards, and it's a real honor to see these folks, not only here today, but to know what we're -- how we're supporting them for EMS week and the work that they do, the professional work that they do every day during thick and thin. Page 16 ...... -<.'"'- May 24, 2005 Thank you very much. CHAIRMAN COYLE: Thank you, Mr. Summers. (Applause.) Item #5A RECOGNIZING KARLA NICOL, FISCAL TECHNICIAN, HUMAN SERVICES, AS EMPLOYEE OF THE MONTH FOR MAY, 2005 - PRESENTED MR. MUDD: Commissioner, that brings us to paragraph 5, which is presentations, 5A, which is a recommendation to recognize Karla Nicol, fiscal technician, human services, as employee of the month of May of 2005, and I'll read that if you can get Ms. Nicol to come forward. CHAIRMAN COYLE: Ms. Nicol? (Applause.) MR. MUDD: Karla Nicol was a relatively new employee when she recognized the importance of community service. She took responsibility in working with other human services employees to oversee the creation of the Get Help Clinic associated with the annual point in time survey. The survey counts the number of homeless men, women, and children in Collier County in order to secure state and federal funding for housing of these individuals. Ms. Nicol's selflessly sought -- it's easy for you to say -- selflessly sought donations from county employees, area businesses, and other county departments to ensure the clinic made needed resources available for individuals considered homeless. She staffed the table with her daughter that provided assistance to homeless children at St. Matthew's House. Ms. Nicol was able to personally assist individuals within the Page 1 7 May 24, 2005 clinic described above ushering them to the variety of services that were made available to them. She assisted individuals in getting eye exams, testing for tuberculosis and hepatitis, and helped with dental work. She exceeded expectations of the human services department in assisting those individuals less fortunate and in protecting the health, safety, and welfare of Collier County. Karla displays a can-do attitude in every task she is faced with. She offers positive solutions for day-to-day activities and is pleasant and appreciated by her colleagues. She recently designed a new reporting method for social services programming, and that was easy to read and provided accountability necessary for her position. She also adopted a payment mechanism that is tied to the Florida Medicaid system. It is anticipated that savings will amount to approximately $600,000 for taxpayers this fiscal year because of her efforts. The human services department helps sponsor an annual get help clinic for Collier County's homeless population, in which I described above, that she was -- that she was instrumental in the particular effort this year. This year was the best ever. They basically counted some 135 men, women, and children who had become homeless that were assisted with this effort. Because of Ms. Nicol's outstanding performance, she has displayed an enormous ability to accomplish a great deal in a short time and has become a vital, important contributing member to the human services department team. Mr. Chairman, Commissioners, I'd like to present the Employee of the Month -- of the Month, Ms. Karla Nicol, who is the Employee of the Month for May of2005. (Applause.) CHAIRMAN COYLE: Here's a letter of appreciation. Probably more importantly a check. Thank you very much. Page 18 May 24, 2005 County Manager, doesn't she get a free parking space for this period of time, for at least a month? Yeah, take Jim Mudd's. You can use his parking space for the next month. MS. NICOL: Perfect. Thank you. COMMISSIONER HALAS: Thank you, especially for the $600,000 you saved the taxpayers. CHAIRMAN COYLE: Thank you very much. (Applause.) MR. MUDD: Thank you. Item #5B DISTINGUISHED BUDGET PRESENTATION AWARD FOR THE CURRENT FISCAL YEAR FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTED TO THE OFFICE OF MANAGEMENT AND BUDGET - PRESENTED Commissioners, the next presentation is 5B. It's the distinguished budget presentation award for the current fiscal year from the Government Finance Officers Association, the GFOA, presented to the office of management and budget, to be accepted by Mike Smykowski, director of the office and management budget Collier County. Commissioners, I will note that this is the 18th year that this office has received this prestigious award. CHAIRMAN COYLE: Good. Thank you very much. Mike, come on up. Get your picture taken. And you even get a plaque. CHAIRMAN COYLE: Do you want to say something, Mike? MR. MUDD: Want to get a picture. MR. SMYKOWSKl: Given the number of people in the room, I'll be brief. I'm Michael Smykowski, budget director. Page 19 May 24, 2005 I'm happy to accept this award on behalf of my staff and all of the county manager staff and the constitutional officers who all work hard with a concerted effort toward the annual budget process. And the important thing to note here, the GFOA award recognizes constant improvement because it's -- our budget is reviewed by a panel of peers that make suggestions for improvements to our budget document itself and the process, and we look forward to the critique from a peer group and making continuous improvement to our process. Thank you. CHAIRMAN COYLE: Thank you, Mike. Congratulations. (Applause.) Item #5C PRESENTATION TO MEMBERS OF THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT RECOGNIZING THOSE EMS PARAMEDICS, FIREFIGHTERS AND LAW ENFORCEMENT PERSONNEL WHO THROUGH THEIR SKILLS AND KNOWLEDGE HA VE SUCCESSFULL Y BROUGHT BACK TO LIFE INDIVIDUALS WHO HAD DIED - PRESENTED MR. MUDD: Commissioner, that brings us to presentation 5C. It's a presentation to members of the Collier County Emergency Medical Services Department recognizing those EMS paramedics, firefighters, and law enforcement personnel who, through their skills and knowledge, have successfully brought back to life individuals who had died. The Phoenix is the mythological bird who died and rose renewed from its ashes. Mr. Dan Summers will present. MR. SUMMERS: Commissioners, good morning, Dan Summers, Bureau of Emergency Services. This is, indeed, an honor for me as a former paramedic to have the opportunity to acknowledge Page 20 May 24, 2005 the efforts of these fine young men and women across our community. And as you know, the Phoenix charac -- the Phoenix is our mythological sacred bird that died and was renewed from its own ashes. These young men and women are involved in a phenomenal number of resuscitation rates in Collier County, putting us as one of the leaders in the country in successful resuscitation. We have a huge number of folks here today, and what I would like to suggest is that when I call their name, I will ask them to stand up front. You can -- we will ask you to rise and we'll take some photographs, and I'm going to adjourn this group back downstairs and physically give them their awards down there, due to the large number of folks that we have. I'm very proud of these folks, and under the bureau, it's, indeed, my honor. I'm going to do my best with their names and ask them to step forward. From Collier County Emergency Medical Services, Crista Anderson. (Applause.) MR. SUMMERS: And I have a large group, so we'll give them a round of applause at the end. Christine Baker, Diego Carmona, Christian DeBiasi, Dennis DiSarro, Alan Drescher, Mary Esch, Bruce Gastineau, Sheri Green, Ken Haberkorn, Anthony Hiserodt, Serina Krauss, Alan Pitts, Allen Schelm, Dr. Robert Tober, and Lieutenant John Yates. If you'll remain standing, this is our Collier County Emergency Medical Services team. Let's give them a round of applause. (Applause.) MR. SUMMERS: From our local fire departments, representing Big Corkscrew Island Fire Department, Engineer Adam Disarro, John Hart, who is receiving two awards for his successful resuscitation efforts, and Robert Kline, also receiving two awards today. A round of applause from our Big Corkscrew. Page 21 "<--'._- May 24, 2005 (Applause.) MR. SUMMERS: Representing the East Naples Fire Department, Manny Arroyo, Mike Hannon, C.J. Melheim, and Dave Perez, from the East Naples fire district. (Applause.) MR. SUMMERS: Oops, I failed to turn the page, Kevin Nelmes and Kris Occhipinti. Chris, I didn't do well on your name, did I, Chris? Representing the City of Marco Island Fire Department, Dustin Beatty, Chief Chris Byrne, Captain Jeff Kutzke, Engineer Paul MacMillin, and Marco Meza, from the City of Marco Island. (Applause.) MR. SUMMERS: Ifwe were going to have a medical emergency, this would be the time to do it. Representing the City of Naples, Paramedic Erik Baltodano, Lieutenant Don DeTeso, Paramedic Steven Hunton, and Lieutenant Mike Nichols, from the City of Naples. (Applause.) MR. SUMMERS: Now, representing a number of recipients from the North Naples fire district, Jerry Sandford. Jerry, if you'll come forward. I know that you're covering for all of your representatives today, and I would like to take the opportunity to read the names of the recipients from North Naples who are not here today. Bruce Alleman, Ryan Clark, Engineer Eric Espieta, Rick Green, Dale Grubbs, Robert Lowell, Jason McCormick, Lieutenant Andy Percival, Jerry Sanlin, Javier Spargatis, Michael Swanson, Mike Werley, and Ryan Wertz. Again, from North Naples Fire Department, and Jerry Sanford is representing them. Last -- a round of applause for them. Thank you. (Applause.) MR. SUMMERS: And last, but certainly not least, from our Collier County Sheriffs Office, Sergeant J.J. Carroll. Page 22 May 24, 2005 (Applause.) MR. SUMMERS: Commissioners, thank you very much for this opportunity. I do have a guest speaker, and I would like to introduce to you -- we'll ask these folks -- we'll take a picture and ask these young men and women to take a seat. We have a special guest, Mr. Watson, whose family was involved in an emergency medical incident during Hurricane Charley, and they would like to make (sic) a few words to you and paramedics here. Ladies and gentlemen, our Phoenix award winners. (Applause.) MR. MUDD: Okay. Now, you all have to smile. MR. SUMMERS: Fantastic, take your seats. (Applause.) MR. SUMMERS: Commissioners, our emergency medical system was tested to the maximum during the 2004 hurricane season. One of the things that we took great pride in was our ability to assist our neighbors. We think we did a good job in Charlotte County assisting that community with its ground zero impacts of Hurricane Charley. Mr. Watson and his son are here, were involved and supported by Collier County EMS during Hurricane Charley, and they'd like to say a few words. Mr. Watson? MR. WATSON: Good morning, Commissioners. On August the 18th of last year, unfortunately my son was struck by lightning. Y'all had made a very wise decision, in my opinion, to send an ambulance to Charlotte County to help with the disaster relief over there. My son is a typical 16-year-old boy that loves fishing, helping others, aggravating his little brother, and would probably like to fish more than he would eat. The day that this happened, my world crumbled. Minutes turned Page 23 May 24, 2005 into -- even seconds turned into hours. We got the phone call and left within 15 minutes from Sebring, Florida. When we left, I had no idea if I was ever going to be able to see my son alive again or not. We made phone calls on the way over, got prayer chains started, and believe me, prayer works. People were praying for God to help the doctors and anoint them with the wisdom to -- and the nurses as well to help Witt. There was -- there's not enough words to be able to express the gratitude of our family to the EMS workers that helped my son that day. He was approximately dead for 20 minutes. And through the efforts of the four EMS that were there that day, they were able to -- and they were definitely anointed by God to be able to do it -- brought Witt back to life, and he's here with us today doing extremely well, and it would not have been possible had it not been for Collier County sending that ambulance up there. Later on when we go downstairs, we have a plaque for each one of the four men that were involved. But let me read off their names to you. They're Dr. Robert Tober, Lieutenant John Yates, Jay James, and Steve Hunton. These men did a fabulous job in helping Witt, because to them failure was not an option. Thank you very much. (Applause.) CHAIRMAN COYLE: You know, anyone who knows about our EMS services here in Collier County recognizes that it is the best in the nation, and largely because of the very high quality of employees we have and their dedication to work and to the high training standards established by Dr. Bob Tober, who is responsible for establishing the protocols and training our EMS personnel. So I would like to express my appreciation to all of you for the wonderful job that you do. Thank you. (Applause.) Page 24 -"'<"'_'1 --'-----_."._- May 24, 2005 Item #6A PUBLIC PETITION REQUEST BY MATT FINN TO DISCUSS CURRENT STATUS OF HARD SHELL CLAM AQUACULTURE IN COLLIER COUNTY - BOARD DIRECTED STAFF TO INCLUDE CHANGES IN NEXT LDC CYCLE - APPROVED MR. MUDD: Commissioner, that brings us to paragraph 6, which is public petitions, and the first public petition is a public petition request by Matt Finn to discuss current status of hard-shell clam aquaculture in Collier County. And ladies and gentlemen, if you've had a petition and you're looking for a good time to leave, if you'd like, this is a good time to go do that. CHAIRMAN COYLE: We'll wait for just a minute, okay. Okay. I think we can begin now. MR. FINN: Good morning, Commissioners. CHAIRMAN COYLE: Good morning. MR. FINN: Matt Finn, and I've spoken with you -- oh, good morning, Commissioners, Matt Finn. I've spoken with you a few times before about the hard-shell aquaculture that we're trying to start here in Collier County. The good news is, we're very close to being able to begin planting our clams on the offshore leases. They finally finished the surveying of these aquatic areas and are now in the final stages of actually marking leases. At that point the state will issue us the leases, so things have been moving along pretty well. We have run into one small stumbling block along the way, and that's with the land-based portion of this endeavor, which is the nurseries. We grow up the very smallest hatchling clams into a size that we can then take out to our leases. And this process started a while ago, came in front of you for direction from the staff and Page 25 May 24, 2005 yourselves. And at that point, it became apparent to sort of add this into an overlay on the Goodland LDC, okay. And at that point I thought we were -- had sort of gotten the hurdle over. And when I'd asked -- the pointman for it, I think, was Russell Webb. And I asked him, well, now at this point, after the final okay and it was put into the overlay, what do I do when we're ready to get going? Because there were still a number of other hurdles before we got to that point. And it was, well, go to the planners and get your permit, and then you can start. And recently I did that a couple months ago and said, what do I got to do to get this nursery operations going? And it turned out it wasn't quite as simple as that. Because of the wording in this overlay, I'm faced with -- actually each individual who wants to do it -- and there's not that many individuals. We have a $500 preapp. fee, a $4,000 permit fee for conditional use, 150 for fire, 300 for review, another 1,000 for advertising, a 1,600 for environmental. Anyway, this adds up to a large sum and another lengthy process, which I didn't really envision that we had to face. And along those lines, I'm asking for a little help in trying to sort this out so we can add this important piece of the puzzle into our hard-shell clam aquaculture. CHAIRMAN COYLE: Okay. Now, Mr. Finn, as you probably know, no action can be taken today on this issue under public petition. It's only for the purpose of deciding whether or not we want to schedule it for a regularly scheduled item on the next agenda. MR. FINN: Right. CHAIRMAN COYLE: 1-- if the commissioners don't mind, I'd like to just offer a suggestion. Can staff get with Mr. Finn and answer his questions about what has to be done, or is it something that the Board of County Commissioners has to take action on? MR. MUDD: Commissioner, basically what happened, when we did the overlay, when it went through the process and we added this to Page 26 May 24, 2005 the LDC cycle at the time, we did the overlay for Goodland, and for clam farming, the board directed that it be a continual use into that overlay. And what Mr. Finn is describing is the fees that you have to go through in the advertising for continual use. I believe -- I believe Mr. Finn is looking for clam farming to be a permitted use in the Goodland overlay in that process, and that that will -- that will take board direction, direct the staff to make a land development code change in order for that to happen. CHAIRMAN COYLE: And when -- what cycle would this be in? When would it be considered? Cycle 2? And what is the date for that? MR. MUDD: And I believe Ms. Murray is coming forward to give you that answer. CHAIRMAN COYLE: Okay. MS. MURRAY: Hi. Good morning, Susan Murray, zoning director. Cycle 2, 2005, which begins June -- middle of June this year and will end right before the holidays in November, if everything goes according to plan. CHAIRMAN COYLE: So it won't be submitted for consideration until near -- well, December? MS. MURRAY: Well, approved -- final approval will be towards the end of November, so, yeah, early December. And the change you're contemplating doesn't absolve the -- anybody who wishes to conduct that operation from the site development plan process, which I know Mr. Finn was throwing out a number of different fees to you, and that included some of those that were -- consisted of the site development plan process and review as well. CHAIRMAN COYLE: All right. Commissioners, what is your pleasure? Would you like to have this come back? I'm sorry. We have questions from Commissioner Halas and Commissioner Coletta. COMMISSIONER HALAS: Coletta was first. Page 27 "-'1'......,..." May 24, 2005 CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I can understand the frustration. We're talking about a modest-income type business that gets some of our unemployed fishermen back out in the water, and I know this commission has been very sympathetic to this cause for some time and supported every step along the way. I'd like to see this brought back so that we can change it to permitted use and we can put in there certain requirements, too, so we can protect the integrity of the Goodland neighborhood as far as what it would be, and I'd like to see it happen as soon as possible. I know in the meantime we're going forward, and the seed clams they're going to need to make this work will have to come from outside the area. And to be honest with you, a good part of the income-generating revenue that will come from this particular venture is supplying the clam farmers with those seed clams. And so, for a short period of time, we may have to endure sending the business out of the county while we go through this length -- through this process to November to be able to get the final changes in place. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I just want to make sure that we keep the overlay intact, so I would hope that people of Goodland would also support your effort in making a change here in the LDC, I mean when this comes forward in regard to LDC change amendments. I believe staff said probably the soonest would be around December that we can make the final change, but I just want to make sure that the people out there in Goodland -- and I hope that you'll work with them to make sure that the overlay that they -- that they put in place, if you would change it, that they realize what your -- what your endeavors are. MR. FINN: That's quite true, and I'll be working with the community association and the other group there, the Preservation and Page 28 May 24, 2005 Coalition. I spoke with people in both groups, and from what I get -- they were under the impression that -- and because we had already polled the community before the overlay, and pretty much everyone was in favor of it. They were under an understanding, like myself, we're ready to do it, and the very few homes that, you know, we had clam farmers. You know, we already had a list of conditions set up for it. It was just a misunderstanding of what the wording meant. Where, along the process of getting it in there if someone from the staff had told me what the wording actually meant, I would have said, well -- I would have red flagged it immediately and said, well, that's not going to work, and we could have been working on this process we're starting now a year and a half or two years ago, whenever this had come through. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to see this come back as quickly as possible so we can start it right into this June cycle, if we can. And I think Commissioner Halas had a great idea to -- when you come back -- when we get this thing together real quickly, when you come back, make sure that you have, you know, community support here so we don't have to worry about that at this end. You can come in -- I mean, the community claims and wants to remain a fishing village. This works out perfectly, but I think you need, you know, something in writing to go along with that. MR. FINN: Of course. MR. MUDD: Commissioner, 14th of June. CHAIRMAN COYLE: In the interest of efficiency, let me ask a question. It seems that the majority of the commissioners are in favor of doing this. If we were to just provide direction to staff to include this in the -- the LDC cycle, we could then debate at the point in time when the staff's recommendation comes back in the LDC cycle rather Page 29 ---- May 24, 2005 than debating it twice, and we would not be delaying it then. Because right now we'd be delaying it until sometime in June before we even consider it. Is that acceptable to the commissioners? COMMISSIONER COLETTA: Yeah. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: It will save us some time, it will get it moving ahead, and hopefully -- COMMISSIONER HALAS: Can we do that, David? CHAIRMAN COYLE: Yeah, I think you can. MR. MUDD: Oh, yes, you can do it, and you'll have time. It will be in front of the productivity (sic) committee for two readings, you'll get two readings, so it will get properly vetted and advertised. CHAIRMAN COYLE: Yeah, there'll be plenty of time for public input. And I just would ask that -- that you, of course, get Mr. Finn's input and coordinate with the stakeholders on preparing the LDC -- MR. MUDD: Sir, if I said productivity committee, I meant planning committee. CHAIRMAN COYLE: Yeah, I know what you meant. COMMISSIONER COLETTA: I'd like to make it official by making a motion to that effect. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: I don't know if we can make a motion on this public petition issue. MR. WEIGEL: Well, it's ultimately the pleasure of the chair and board if they wish to. You have a standard procedure, but there's nothing that prevents you from departing from that procedure. CHAIRMAN COYLE: Then in that case, we'll make a motion. Commissioner Coletta, go ahead. COMMISSIONER HALAS: Without having this advertised, brought forth as an advertisement? MR. WEIGEL: No, you don't have to. Page 30 May 24, 2005 COMMISSIONER COLETTA: It's going to -- LDC cycle itself is the mechanism for getting it to the public. I make a motion that we direct staff to move this forward to the LDC cycle. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta, second by Commissioner Fiala. Any further discussion? COMMISSIONER HALAS: What does he mean by the LDC cycle? Is this going to be for June, or is this going to be on the -- MR. MUDD: Sir, there's a series -- once they start an LDC cycle, they go through the DSAC -- COMMISSIONER HALAS: Okay. MR. MUDD: -- then they go to the planning commission, the planning commission -- it's read twice there before they do anything, then you get it twice. And then in November, December is when you'll have your last reading. COMMISSIONER HALAS: Okay. It's the guidelines that we just discussed earlier that it will come to us no sooner than in November, December? MR. MUDD: Yes, sir, for final approval, if it gets that far. CHAIRMAN COYLE: Okay. There's no further discussion. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed? (No response.) CHAIRMAN COYLE: It passes unanimously. Mr. Finn, I think we got it moving ahead. Page 31 May 24, 2005 MR. FINN: Thank you very much. CHAIRMAN COYLE: Thank you. Item #6B RESOLUTION 2005-208: A RESOLUTION FOR SUPPORT IN THE FUNDING OF THE CONTINUING REHABILITATION OF EVERGLADES CITY HALL - ADOPTED MR. MUDD: The next item is item 6B, and it's a public petition by Marya Repko to discuss a resolution for support in the funding of the continuing rehabilitation of Everglades City Hall. MS. REPKO: Good morning. Can you hear me? Good morning, Commissioners, Manager. I'm Marya Repko. I'm from Everglades City, and we're looking for support because we're trying to fix up our old county -- our old city hall building, which used to be the Collier County Courthouse. I don't know how many of you have been down to Everglades City. It's this beautiful white imposing building on the circle. Unfortunately, it was built 75 years ago and the pilings under the building are made of wood, and we've had a lot of floods and a lot of hurricanes, and these wooden pilings have to be reinforced or replaced quite soon. Now, a bunch of us in Everglades City got together and founded the Everglades Historical Society, and we're helping the mayor to try and restore the building. And the first thing we did was we had T -shirts done, and Carol can model for you, and we've been selling cards and bumper stickers and things like that. And, however, it's going to cost us at least $400,000 to restore just the foundation, and that has nothing to do with the upper floors and the outside. And $400,000 is an awful lot of T-shirts. So we're looking for support for the grant that we've applied for Page 32 May 24, 2005 from the Department of State. Now -- thank you. MR. MUDD: We're trying. MS. REPKO: That's a sketch of city hall. And if you don't have them, I have spare brochures here. We're looking for a grant to do -- to fix the foundation, is the first step, from the Department of State, and the grant application has to be in the 31 st of May. And we have support that is from some of our public representatives in Tallahassee, but what we'd like is a resolution from your board saying that you approve of our effort to fix up city hall. We're not looking for money, not from you yet, you know, that's some other time. City hall is used now by the city. It also has a branch of the Collier County library, it has a county clerk, a tax collector's representative, a planning officer. So it is actually a county facility as well as a local one, so we're not -- you know, it's not just a local issue, and it's very historic because it was the original Collier County Courthouse. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I think this is a noble endeavor, that this requires nothing more than support from the county as -- just to say we support their idea of a grant, just as well as we would do Marco Island or the City of Naples. I would -- I would like to see this come back as a proclamation or a resolution. MR. MUDD: Commissioner, there's one other piece of information you need to know. And I received a letter -- ma'am, and I don't mean to -- and I know it's your public petition. But I received a letter from the mayor of Everglades City, from Sammy Hamilton, and he basically said that their grant application has to be submitted before May 31 st, and so I don't think we're going to have time to come back. But what we can do is we can draft a resolution, if this board so desires, have your chairman sign it, and then we'll draft a letter, like a Page 33 ""'I _'_"'''',.'.n__' May 24, 2005 transmittal letter for the chair's signature, to transmit that resolution for this grant application, if that's the board's desire. CHAIRMAN COYLE: I would like to make that a motion, that the chair have the authority to be able to sign the resolution and the letter -- COMMISSIONER FIALA: Second that motion. COMMISSIONER COLETTA: -- supporting Everglades City. CHAIRMAN COYLE: Maybe I shouldn't tell you this, but I've already sent the letter. COMMISSIONER COLETTA: What a mind reader. COMMISSIONER FIALA: And I have one written, so I was -- that's what I have my button on for, to ask if I could send one separately as well. CHAIRMAN COYLE: They sent me a communication -- or at least I've signed the letter -- but it was a letter of support for their effort, not a letter which would give them any money, so it wasn't an actionable item. Yau want to send another one, is that what you want to do? COMMISSIONER COLETTA: Well, we're looking for a proclamation, too. MR. MUDD: The petitioner's asking for a resolution. CHAIRMAN COYLE: A proclamation? MR. MUDD: Yes, sir. CHAIRMAN COYLE: That sounds good to me. I'll be happy to follow your directions and send a proclamation then, if that's what you'd like to do. Commissioner Fiala and then Commissioner Henning. COMMISSIONER FIALA: Yeah. I was just going to ask you if that was okay, if I could send a letter individually. I have it written, but I didn't know if that would be okay, just a letter of support as well. MS. REPKO: Thank you. I think it would probably help to have both, because the letters of support are great and we can include them. Page 34 ~1'---~-~--~_'_'__ May 24, 2005 I'm trying to get all the paperwork done before the weekend, which, of course, is going to be impossible. But I think that a fonnal resolution from the board as opposed to individual letters would also maybe help in Tallahassee, that you all consider it really serious. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: The action is a proclamation supporting the City of Everglades in their endeavor on this grant? COMMISSIONER COLETTA: That's correct. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Yes. MR. WEIGEL: I would suggest, Commissioners, if I may, that it actually be a resolution -- COMMISSIONER HENNING: Resolution. MR. WEIGEL: -- which is a policy document as opposed to proclamation. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. How long has the -- that been under the jurisdiction of Everglades City? MS. REPKO: 1963. COMMISSIONER HALAS: Is when you took that over? MS. REPKO: Uh-huh. You moved up here in what, '62, the end of '61 ? COMMISSIONER HALAS: And has there been restoration done on this building through this period of years, since 1963 until -- MS. REPKO: There's been odd bits and pieces. I haven't been around that long, I'm afraid, not here. COMMISSIONER HALAS: Okay. MS. REPKO: I know that we had an engineering study, which was funded by a grant, in the year 2000, which recommended that we do something about the foundations, which, from what I understand, we're going to have to rip up the floor, which means everyone has to get out. All the floors have to come up, so it's a huge endeavor. Page 35 ~~--- May 24, 2005 And now we're finally getting around -- and I think it's probably because there's so much more local support now. The mayor just, you know, couldn't do it by himself. CHAIRMAN COYLE: Okay. Commissioners, what is your pleasure? Whose district is this in? COMMISSIONER COLETTA: Mine. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I made the motion. CHAIRMAN COYLE: Okay. You have a motion to send a resolution in support of their grant request. Is there a second? COMMISSIONER FIALA: I seconded that. CHAIRMAN COYLE: Commissioner Fiala seconded the motion. Is there any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: No. It passes unanimously. If someone will draft that letter and resolution for me, we'll get it out immediately. MS. REPKO: Thank you, Commissioner. CHAIRMAN COYLE: Let me ask you a question. Who do you want this to go to? You want it to go to-- MS. REPKO: I think it would be nice if it went to the mayor, Page 36 May 24, 2005 send him a copy. We're supposed to gather all the things that we've got, all the documents, support letters. CHAIRMAN COYLE: All right. MS. REPKO: And then include them with submission, with our application. CHAIRMAN COYLE: Good, thank you. MS. REPKO: Thank you. UNIDENTIFIED SPEAKER: Fix his sign. CHAIRMAN COYLE: That's okay. If it's Jim Coletta's sign, it's all right. UNIDENTIFIED SPEAKER: No, no. COMMISSIONER COLETTA: Come on right up front and fix it now. UNIDENTIFIED SPEAKER: I will. I'm not going to be able to sleep tonight. COMMISSIONER COLETTA: Hurry up. Beat the county manager. Thank you so much for looking out for me. CHAIRMAN COYLE: Thank you very much. UNIDENTIFIED SPEAKER: You're so welcome. CHAIRMAN COYLE: We meet twice each month. Ifwouldn't mind coming here and straightening these out for us, we'd appreciate it. UNIDENTIFIED SPEAKER: I'll see if I can get the time, sir. MR. MUDD: Okay. Thank you very much. Item #9B RESOLUTION 2005-209: APPOINTING ESMERALDA SERRATA AS REGULAR AND CHRISTINE STRATON AS ALTERNATE MEMBER TO THE AFFORDABLE HOUSING COMMISSION - ADOPTED Page 37 ~--- May 24, 2005 Commissioner, that brings us to item 9A -- excuse me -- 9B, and that is an appointment of members to the Affordable Housing Commission. CHAIRMAN COYLE: You're going to 9B? MR. MUDD: Yes, sir. Seven and 8 are -- start at one o'clock. That brings you to paragraph 9. 9A is at four p.m., so it's 9B. CHAIRMAN COYLE: All right. We have a committee recommendation for Esmeralda Serrata. COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: Wait a minute. I haven't finished yet-- and Frederick Deal, and Commissioner Fiala wants to ask a question or make a motion. COMMISSIONER FIALA: Yes. I would like to make a motion and couple it with a couple brief comments. I notice that District 3 and District 5 had no one on this Affordable Housing Commission, and we have Essi Serrata and Chris Straton requesting to be on this. Chris is the chairman of the Affordable Housing Committee and for the League of Women Voters, and I think these two people would be wonderful candidates, and -- so I would like to nominate them. COMMISSIONER HENNING: I'm going to not -- second Commissioner Coletta's motion because it is the committee's recommendation, and -- so I think that you had a motion on the floor, Mr. Chairman. CHAIRMAN COYLE: Yeah. I think Commissioner Coletta did say so moved while I was reading the committee recommendation. COMMISSIONER FIALA: For Essi Serrata, you mean? COMMISSIONER COLETTA: Well, for the two that were on there. And, you know, I would gladly defer to your motion, but Commissioner Henning does represent District 3. COMMISSIONER FIALA: And he would prefer to have -- let me mention a concern. Right now we do have four members from Habitat or that, you know, that work with Habitat closely. This would Page 38 May 24, 2005 be the fifth member, if you have Mr. Deal on there. He's also a board member for Habitat. And out of a nine-member commission they would have five members. Do you think that that's a good -- COMMISSIONER COLETTA: Well, they're the advisory board. We always get the last call on it. I think that they can think independently. COMMISSIONER FIALA: So you actually feel that -- CHAIRMAN COYLE: The way I feel about these divisions in the -- these disagreements about committee recommendations is I believe we take all of the nominations and then vote on them separately. So, Commissioner Fiala, if you want to make a motion nominating someone to be considered, then we'll take a vote on both of them and we'll choose those who receive the highest votes. How does that sound to you, okay? COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: And you would like to recommend for consideration Christine Straton? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: And Esmeralda Serrata? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Then we have Commissioner Coletta's nomination of Esmeralda Serrata and Frederick Deal. There is a second to Commissioner Coletta's nomination. I will second your nomination for consideration. So we will vote on them sequentially. We'll vote for Commissioner Coletta's nomination of Esmeralda Serrata and Frederick Deal first. All in favor, please signify by saying aye. MR. MUDD: Commissioner, if I could just interrupt for just one second. CHAIRMAN COYLE: Sure. Page 39 May 24, 2005 MR. MUDD: Sue, there's one regular and one alternate here that they have to delineate. MS. FILSON: Well, they're voting on the committee's recommendation, and I do have them -- I have Esmeralda as a regular member and Mr. Deal as the alternate. CHAIRMAN COYLE: And Esmeralda would be the regular member, even under your motion; is that correct? COMMISSIONER FIALA: Uh-huh. CHAIRMAN COYLE: Okay. Then all in favor of Commissioner Coletta's recommendation, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: And those opposed, signify by like sign. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: And was that -- Commissioner Halas, did you go with -- COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: -- that one? Okay. Then let us vote on -- we have a vote of two to approve Esmeralda Serrata and Frederick Deal and three opposed. Now let's vote on Commissioner Fiala's nominations of Esmeralda Serrata as the regular member and Christine Straton as the alternate. All in favor, please sig -- COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: I'm sorry. Commissioner Fiala, what was your motion again? COMMISSIONER FIALA: To nominate Esmeralda Serrata from District 5 and Christine Straton from District 3, and I mentioned Page 40 May 24, 2005 that she is the chairman of the Affordable Housing Committee for the League of Women Voters who really wants to get involved with this. COMMISSIONER COLETTA: Okay. No, I'm sorry. I didn't mean to make you repeat it. I just wanted to make sure I understood it. COMMISSIONER FIALA: That's okay. CHAIRMAN COYLE: Okay. All in favor of Commissioner Fiala's nominations, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: And any opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner Henning dissenting. And so Esmeralda Serrata is approved as the regular member, and Christine Straton is approved as the alternate member. CHAIRMAN COYLE: Could I talk about this for just one more second, please? CHAIRMAN COYLE: Would you start the timer, please. COMMISSIONER COLETTA: Second's up. COMMISSIONER FIALA: Say 23 minutes, no. I notice that the composition of this committee includes four appointed members from the city. This was established in 1991. And -- but I don't think -- four appointed members from the city. And I was just wondering, being that there isn't very much affordable housing left in this city, if maybe at some point in time our commission members might want to take a look at that and see if maybe they wanted it to be distributed a little differently. CHAIRMAN COYLE: Could I suggest that we -- COMMISSIONER FIALA: Not here. Page 41 May 24, 2005 CHAIRMAN COYLE: Yeah. That we maybe schedule that as a workshop topic for our next joint meeting, workshop meeting with the city council and discuss that with them? COMMISSIONER FIALA: Oh, good. COMMISSIONER HENNING: That might be a year from now. CHAIRMAN COYLE: Doesn't have to be. COMMISSIONER HENNING: Well, I know it doesn't have to be, but it might be. CHAIRMAN COYLE: Well, I mean, these people aren't coming off any time soon. Do you want them off immediately? COMMISSIONER FIALA: Oh, no, no. I was just -- I was just throwing that into the hopper. I think-- COMMISSIONER COLETTA: If I could. CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER COLETTA: I've been attending the meetings, and I brought up the same concerns that Commissioner Fiala has at the meeting. You know, I couldn't believe that four members from the City of Naples, who only contribute $150,000 a year to the affordable housing effort, were there with the say. But I'll be honest with you, the individuals that they selected are -- I wouldn't have a problem with appointing them from the commISSIon. COMMISSIONER FIALA: Right. COMMISSIONER COLETTA: But I would like to revisit that when the time comes. COMMISSIONER FIALA: Yeah. I have nothing against any of the individuals. I think they've appointed fine people. Yeah. That wasn't my point at all. Thank you for bringing that up. CHAIRMAN COYLE: Yeah. All I'm suggesting is that rather than just unilaterally making a decision on that, we at least discuss it with the city council. COMMISSIONER FIALA: That's a good idea, yeah. Page 42 --'-- May 24, 2005 CHAIRMAN COYLE: And then -- COMMISSIONER FIALA: Throw the idea on the table. CHAIRMAN COYLE: Sure, sure. Okay, and we go now to? Item #9C COMMISSIONER HENNING'S REQUEST FOR DISCUSSION TO ELIMINATE ORDINANCE 90-60 CREATING THE CITIZENS DEVELOPMENT BLOCK GRANT PROGRAM - DIRECT STAFF TO BRING BACK WHEN FINAL REPORT OF SMALL CITIES CDBG ARRIVES REGARDING SUNSETTING MR. MUDD: Commissioner, that brings us to 9C. Commissioner Henning's request for discussion to eliminate ordinance 90-60 creating the Citizen Advisory Task Force (CA TF) for the Small Cities Community Development Block Grant Program, as they have completed the tasks described in said ordinance, and to amend ordinance 91-65, creating the Affordable Housing Commission, the AHC, to include the duty of controlling budget monies for the CDBG, that's the Community Development Block Grant Program, and furthermore, to act as the sounding board between the county and the local communities. COMMISSIONER HENNING: Commissioners, as Mr. Giblin stated on this issue of the Small Cities Community Block Grant, that the committee has done its duty, and it's really up to the Board of Commissioners to sunset this committee through the ordinance. And the second thing is not for the Affordable Housing Committee to take control over the monies, it's more of, make recommendations to the Board of Commissioners on where the monies should be spent. As Mr. Giblin explained -- this topic came up before -- that he Page 43 May 24, 2005 does that already, so let's make it's official and just say, okay, this is part of your duties, and we want your recommendations. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah. As I was reading through this, I thought -- I thought it was a great idea and so forth. But I was thinking if -- just to throw this out, what about maybe seeing -- you know, asking members from the Golden Gate Civic Association, the Estates Civic Association and the Copeland Civic Association and the East Naples Civic, where -- are the five target areas and who are intrinsicly involved in their particular communities so they would -- they would maybe be able to make recommendations on their behalf, and yet they would -- you know, you would need to have separate people identifying needs, because you wouldn't want the same thing going. And so I thought maybe that would be something for consideration. COMMISSIONER HENNING: If you're talking about recommendations how to spend the CDBG monies, what is one of the requirements is to go out to the community -- COMMISSIONER FIALA: Right. COMMISSIONER HENNING: -- through public meetings and contact such community organizations like you mentioned. So that's already in the works for them to give us the input of the community needs; is that correct? MR. BAKER: Denny Baker, for the record. That's correct, Commissioner. We actually have eight public meetings associated with the entire process. COMMISSIONER FIALA: And that's wonderful. I think it's a good way for us. It doesn't all go to affordable housing though. It goes to sidewalks and -- MR. BAKER: Many different -- several different categories. COMMISSIONER FIALA: Many, many things. MR. BAKER: Job creation. Page 44 May 24, 2005 COMMISSIONER FIALA: Yes. And I thought, just maybe rather than having Affordable Housing Commission make those decisions, maybe you'd want civic associations to make those decisions as to recommendations or, you know, to send to us then. MR. BAKER: Well, the Affordable Housing Commissioner is an open meeting, it's a public meeting, and anyone can attend and make the recommendations if -- and interact with the Affordable Housing Commission in our presentation of those projects that we think are worthwhile. CHAIRMAN COYLE: But before I go to the other two speakers, I need to clarify something, Denny. Commissioner Fiala raises a good point here. If you look at the projects that have been funded by the CDBG funds over the past three years, they range all the way from a prescription meds program to a health care coordination program to a Fun Time Nursery to a senior center addition in East Naples. There are a lot of projects that are eligible building for CDBG grants that have nothing to do with affordable housing. And I -- I have some sympathy for Commissioner Fiala's concern that if you place the staff responsibility for review and recommendation in an affordable housing department, there is the risk that some of these other -- other needs will not be addressed in favor of affordable housing projects. And I would like at least to get some assurance that we will have balance in the evaluation and approval process, if we go there. MR. BAKER: Yes, and I'd like to comment on that. We have-- we have -- actually we have priorities associated with HUD. And our first priority, of course, is housing, and our second priority is job creation, and that's where a majority of the dollars go to. We can go up to 15 or 20 percent of -- 15 percent of our allocated funds to go to social services, which are the kinds of things you're talking about, Commissioner. Those will continue. Page 45 May 24, 2005 CHAIRMAN COYLE: Okay. All right. Commissioner Halas? COMMISSIONER HALAS: Yes. I had the honor to go out and sit in for Commissioner Coletta in regard -- excuse me -- in regards to an item where these funds, I believe, were very beneficial to the people in Copeland. And as you know, that community really needed some assistance. And so I feel that the funds presently are being administrated (sic) in a proper manner. And so I think that we ought to -- I don't see where the system is broke, and I think that we ought to continue where we are, especially when you look at a community such as that way out in the far eastern area, and it was basically forgotten. And I think that it was a big endeavor. The big thing that impressed me about this is the fact that these people didn't just accept the money. These people got involved and they got into a situation where they provided all the manpower. And the amount of money that was spent was basically -- helped in renourishing that particular area, but all the manpower was provided by the residents of that community. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I couldn't have put it better myself. I'd just like to recap on what Commissioner Halas said, that I don't think the system's really broke, but I, like everyone else, have never seen a perfect government system come down that couldn't use some twerking (sic) along the way. I think that the present way we have it set up meets a lot of our needs. Ifwe need to expand it, I don't have a problem with it. I'm kind of questioning whether civic associations are the best way to reach this. Unless they have a problem in their own neighborhood and they want to see improvements, it's very unlikely that they would get involved. I doubt seriously you'd see the Golden Page 46 May 24, 2005 Gate Estates Civic Association taking an interest in this. There's no way you would ever be able to apply any of those funds to the Golden Gate Estates area. Now, I can understand Immokalee having a great interest in it, Golden Gate City, Copeland, Everglades City, even to some point, but I really don't know if the civic associations -- I mean, other than notifying that the meetings are taking place. We've had numerous meetings on this. And let's be honest about it, the final decision's ours, and we make it every year. But I'm willing to listen to any recommendations that this commission comes up with to improve upon a system. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Denny, Cormac, you've read the executive summary, correct? MR. BAKER: Yes, sir. COMMISSIONER HENNING: What I'm stating, besides the fact of sunsetting a certain committee, what I'm stating is that -- anything different than what you're doing today. It is different today. So you don't -- you don't ask the Affordable Housing Commission their input on CDBG funds? MR. BAKER: Going forward -- yes, we do. Going forward -- the new schedule is -- that's starting next year is, we will be taking our proposals to the Affordable Housing Commission for validation, for input, and also for consideration if they had ideas different than what we're proposing. I want to point out that in the next cycle, one thing that we are working to improve upon, which will be a major step forward, is to bring to the Board of County Commissioners, along with our action plan, the approved projects for review, something you don't see in the present schedule. You see that you get a general category, then we go out and we award the funds to specific proj ects. You'll see those specifics projects at the time you approve the Page 47 May 24, 2005 one-year action plan, which is a major step forward. COMMISSIONER HENNING: Okay. Let me ask the question again, because I think we got two different answers. MR. BAKER: Okay. COMMISSIONER HENNING: In the executive summary, excluding the Small Cities Block Grant, the recommendations to make it actually a formal action, you're already doing today, right? MR. BAKER: Correct. COMMISSIONER HENNING: So this is not asking anything more than what you're doing today? MR. BAKER: That's correct. COMMISSIONER HENNING: It's just for the Board of Commissioners to formalize it? MR. BAKER: That's -- we're fine with that. We're doing it today. We will continue to do that. COMMISSIONER HENNING: Okay. Well, do you want the staff to continue what they're doing today? COMMISSIONER HALAS: Yeah. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Okay. That's all I'm saying. COMMISSIONER FIALA: Well, it didn't sound that way from the executive summary, that's why I said that. May I ask, sometimes we -- sometimes a lot of the information doesn't get this far, you know, maybe the final recommendation does, but we don't know what was weeded out along the way. Is there ever a way for us to then receive things that were weeded out as well as -- you say the final decision is up to us, but many times we don't know what the decisions -- what decisions were made beforehand. We don't know-- MR. BAKER: Well, when we bring you the one-year action plan for approval, it will have the specific projects that we have recommended -- Page 48 May 24, 2005 COMMISSIONER FIALA: Right. MR. BAKER: -- that the Affordable Housing Commission has endorsed. COMMISSIONER FIALA: Yes, but -- MR. BAKER: And we'll also bring you those that are on our B list and on our C list. Those that reach -- COMMISSIONER FIALA: That would be good, yeah. MR. BAKER: Yeah. CHAIRMAN COYLE: Okay. I'd just like to clarify what action is being taken here. The Small Cities CDBG Advisory Task Force is expiring. Does any formal action need to be taken? MR. BAKER: Yes, it will -- we have been audited by the State of Florida. We have been a -- we passed with flying colors. We have not received the official letter from DCA closing that grant. Upon receipt of that letter, then it will sunset. CHAIRMAN COYLE: It will sunset without action by us? COMMISSIONER HENNING: Commissioner, that's not true. If you read the ordinance, it doesn't have a sunset. The board created this committee, and the ordinance doesn't say that -- a starting date and an ending date. So the board does need to take action on this ordinance. MR. BAKER: Yes, that's correct. MS. FILSON: May I-- CHAIRMAN COYLE: Yes, ma'am. MS. FILSON: -- say something? Normally when a committee sunsets, they provide the board with a final report, and then that triggers the certificate letters and so forth, and when they repeal the ordinance that establishes the board. CHAIRMAN COYLE: So it would be premature to take an action today -- MR. BAKER: Yes. CHAIRMAN COYLE: -- because you don't have the final Page 49 May 24, 2005 report? MR. BAKER: Correct. CHAIRMAN COYLE: Okay. Now, let's assume that it does sunset. Is formal action required to have the Affordable Housing Commission review these? MR. BAKER: Yes. CHAIRMAN COYLE: Okay. So what is the legal process we should follow, wait until the final report is done before we take action on this? MR. WEIGEL: I think that that works pretty well. In the meantime, county attorney office, with staff, can kind of finesse the edges of where we're going to need to go in the future, because, yes, the ordinance, as exists, is sunsetting. If it's not going to continue to exist in any form, then it will be repealed by the board at an advertised public hearing. If it's determined that through staff or ultimately with assistance of some other committee or citizens group that functions are to be performed coming back to the board, it may be appropriate to either amend this ordinance so significantly that, in essence, the present committee is -- has sunsetted, but this is amended in a form to continue with a type of activity, or we may -- I think, again, working with Denny and Cormac, we might come back and just indicate that an ordinance is not necessary. One thing I'll mention though in regard to Commissioner Fiala mentioning that a concern about making the ultimate decision and things potentially being weeded out ahead of time, to the extent that staff may be doing some weeding out ahead of time, if that were to be the case, would be cause for the county attorney office to review this to make sure that their activities in doing so in the decision-making process of the board is no different, maybe -- maybe likened to be no different than the community in the first place and that those actions must be -- may be required to be held in the sunshine. Page 50 May 24, 2005 So there's the good and the bad with that, and it makes it a little bit more of a cumbersome process, but it also creates the situation where, if our staff is working in the stead of a committee that formally did these kind of activities, that they would be providing the same notice and accessibility to public for interaction, community groups civic associations, anyhow. CHAIRMAN COYLE: We have one public speaker. Before we go much further and get into a motion, can we at least hear the public speaker? MS. FILSON: Your public speaker is Mr. Jeff Cecil. MR. CECIL: Good morning. Jeff Cecil. I'm the chair of the Affordable Housing Commission, and I'm really here just to really kind of nod my head and say go to it. When I first read what was in the offing, I thought we were being asked to oversee a budget. We really don't want to do that. We think the staff is well-trained and capable of doing what they do. They oversee the CDBG monies very well. We're not interested in social services, except as they affect the affordable housing end users, and I think that as this county grows and continues to age, we're going to see more and more need for that, especially in those areas where the retirees came in the early '60s, bought a house that was pretty much what they could afford, and those prices have gone through the roof. They're going to need social services and they're not going to be able to move. We need to think about that. I've been doing this, for your information, since 1989 with National Church Residences. We have not been able to find a project here because we can't afford the land. HUD does not give us enough score based on what the county does or doesn't do for affordable housing and for senior housing, so they're not around. But I've been interested in affordable housing, senior housing, and the problems of the less wealthy, so to speak, since 1989. So this Page 51 -"f""<~,._-~~-,_.~--- May 24, 2005 is not new to me. But the staff does a very good job. Do exactly what Commissioner Henning proposes, and everything will continue to go as it goes. Thank you very much. CHAIRMAN COYLE: Thank you. Commissioner Halas? COMMISSIONER HALAS: I believe the reason that this is sunsetting is we no longer qualify for small cities; is that correct? So that's why this whole thing is sunsetting, and now we're waiting for the final audit to make sure that -- as we close this out. So that's the reason for this. I just wanted to get that on record. CHAIRMAN COYLE: So if I understand the situation, we're not going to be able to make a motion to eliminate the Citizens Advisory Task Force until the final report is provided, and at that point in time, we can eliminate the task force. But that still leaves Commissioner Henning's primary issue, which is, who does the review? Now, we just heard that the Affordable Housing Commission doesn't really want to get involved in making those kinds of decisions. COMMISSIONER HENNING: No. What he said was, based upon the executive summary, which I believe is convoluted, it's to oversee the funds. MR. CECIL: Right. COMMISSIONER HENNING: That isn't what my intent -- MR. CECIL: We're more than willing to take a look at what the staff is doing and advise them on it, but we don't want budget oversight because that's not our role. COMMISSIONER HENNING: Right. So if I can continue -- MR. CECIL: Right. COMMISSIONER HENNING: -- is what the real intent is to make recommendations to the Board of Commissioners of where the funds should go. Page 52 May 24, 2005 MR. BAKER: Can I say that a little differently, Commissioner, and see if we can agree? We'll go to the Affordable Housing Commission with our rankings and with our recommendation. They may endorse nine out of 10 of our recommendations, and we'll bring to the Board of County Commissioners with our one-year action plan the results of that meeting telling the board that nine have been approved AHC, one has not, and these are the reasons for it, just like any other advisory meeting. And if you choose to go with our decision, you give us that direction. If you choose to go with our recommendation, you go that direction. CHAIRMAN COYLE: And you're doing that now? MR. BAKER: No, sir. We will start that in the next program year, beginning July 1st. CHAIRMAN COYLE: Whether we approve it or not? COMMISSIONER HENNING: No. Ifwe do not approve it, that means we're telling the staff, don't go to the Affordable Housing Commission. MR. BAKER: Yes, and I agree with you, Commissioner. I'm looking -- I'm agreeing with you. CHAIRMAN COYLE: Okay. Let's see if we can bring this to a conclusion. MR. GIBLIN: Commissioner, if I could add one more thing. CHAIRMAN COYLE: Can we do this all at one time when the final report is complete with the Citizens Advisory Task Force? And could I suggest that we table this until that point in time? MR. BAKER: Okay. CHAIRMAN COYLE: And then we can take both actions at the same time? Does that make sense, Commissioner Henning? COMMISSIONER HENNING: Yeah, that makes sense. The '06 CDBG is already allocated, and the board has approved it in the last action, correct? Page 53 -~---""".'.'"--- May 24, 2005 MR. BAKER: The board approved the general categories with a one-year action plan. The specific applications are actually due this week with a Friday deadline for that money. COMMISSIONER HENNING: Right. And '07 review and recommendations, it's not going to go out to the community until when? MR. BAKER: Till the fall. COMMISSIONER HENNING: Okay. And do you think the Small Cities Grant will be sunsetted by then? MR. BAKER: I'm looking for that letter in a matter of weeks. COMMISSIONER HENNING: Okay, great. I think that's great, but it's still -- we need to take action on both. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HENNING: I just -- I think it's better on public funds, federal funds in this case, that we have public input. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: No. CHAIRMAN COYLE: Okay, you're done. COMMISSIONER HENNING: Next item. CHAIRMAN COYLE: Okay. Then is there-- COMMISSIONER HALAS: Motion to table this? CHAIRMAN COYLE: Yeah, we have a motion. COMMISSIONER HENNING: How about direction? CHAIRMAN COYLE: I'm sorry? COMMISSIONER HENNING: How about direction, just what you stated, direction to the board -- or to our staff to bring back, when the grant funds of the Small Cities CDBG, or whatever you want to call it, is sunsetted. Bring it back to the board, besides amend the ordinance of the Affordable Housing Commission, and make a recommendation to the Board of Commissioners how CDBG funds are allocated. CHAIRMAN COYLE: Okay. Page 54 May 24, 2005 COMMISSIONER HENNING: We're saying the same thing. CHAIRMAN COYLE: Okay. Commissioner Henning has made a motion. Is there a second? I will-- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Commissioner Fiala seconds it. Any other discussion? The motion is to provide guidance to the staff to bring this issue back whenever the final report for the Small Cities Citizens Advisory Task Force is actually sunset and provide a recommendation as to how the funds could be reviewed in the future; is that right? MR. BAKER: I understand. CHAIRMAN COYLE: Okay. All in -- 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. We're going to take a la-minute break. MR. MUDD: Commissioner, if you'd -- before I turn off the mike, I got a little note for announcement. The Haitian-America Corporation kindly invites all members of this proceeding and all guests to have refreshments out by the risk management building, and that will be available till one p.m. CHAIRMAN COYLE: Really? Okay. I don't know if we'll have time to get down there in 10 minutes and back, but maybe we can hit it for lunchtime or something. Page 55 --'""----,._~_.~^._-- May 24, 2005 MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. Good. Thank you very much. (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 #9D APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND TO SET THE DATE FOR THE ORGANIZATIONAL MEETING - APPOINTING COMMISSIONER HALAS, COMMISSIONER COYLE AND COMMISSIONER FIALA TO SERVE ON THE 2005 V AB AND COMMISSIONER HENNING AND COMMISSIONER COLETTA AS AL TERNA TE MEMBERS. THE V AB ORGANIZATIONAL MEETING IS SET FOR MONDAY, JUNE 20, 2005 AT 9:00 A.M. TO SELECT THE SPECIAL MAGISTRATES FOR THE 2005 V AB The next item on the agenda is 9D, appointment of commissioners to serve on the value adjustment board and set the date for the organizational meeting. CHAIRMAN COYLE: I would like to volunteer as an alternate. COMMISSIONER COLETTA: And I'll be your second alternate. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I had my light on. CHAIRMAN COYLE: I know you did. Go ahead. COMMISSIONER HENNING: I'll be out of town at the beginning of this, so I volunteer as an alternate. CHAIRMAN COYLE: So we have two volunteers as alternates. Does that mean the other three -- Page 56 -"----^._--~- May 24, 2005 COMMISSIONER COLETTA: Three. MS. FILSON: I think we have three. CHAIRMAN COYLE: -- the other three are the primary. All in favor -- COMMISSIONER HALAS: I'd like to volunteer for an alternate. CHAIRMAN COYLE: -- signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Nice try. CHAIRMAN COYLE: Now, why didn't that work? COMMISSIONER FIALA: Feels like I'm on a train here. MS. FILSON: Actually, we need three commissioners as members; an organizational meeting has been set for Monday, June 20th at nine a.m. It will last approximately two hours. CHAIRMAN COYLE: At what time? MS. FILSON: Nine a.m., and it will last approximately two hours, and that's when you select the special magistrates. CHAIRMAN COYLE: And that is what day? MS. FILSON: That will be Monday, June 9th (sic) at nine a.m. COMMISSIONER FIALA: June 20th? MS. FILSON: I'm sorry, June 20th at nine a.m. CHAIRMAN COYLE: And what is the meeting schedule following that? MS. FILSON: And that will be a two-hour meeting, and that will be to select the special magistrates, then your other two meetings will be to approve what they have heard, and the other two meetings will be approximately a half an hour long. CHAIRMAN COYLE: And what months will they be held? MS. FILSON: November. COMMISSIONER HENNING: October 14th and November 15th. Page 57 May 24, 2005 MS. FILSON: One in October, you're correct, Commissioner Henning, and one in November. COMMISSIONER FIALA: I'll be here, so I'll do it. CHAIRMAN COYLE: Okay. MS. FILSON: And I'll need three commissioners, two school board members, and then two alternates for those who can't attend the meetings to sit in. CHAIRMAN COYLE: Now, let me ask you a question. They only need a quorum. They don't need everyone present for every meeting. MS. FILSON: Correct; however, it would be nice if the chairman, which has to be one of the commissioners, were present at each meeting. COMMISSIONER COLETTA: I think that's a good idea. CHAIRMAN COYLE: Okay. And Commissioner Coletta just volunteered to be the chairman of the committee, so now we need two COMMISSIONER COLETTA: No, no, no. MS. FILSON: No, they will be selected at your organizational meeting. COMMISSIONER COLETTA: I think there's an exclusion clause. After you did it four years in a row, you're not supposed to be on it. I remember reading it someplace. COMMISSIONER HENNING: Who hasn't been on it as a regular? CHAIRMAN COYLE: He's been -- have you been on it? COMMISSIONER HALAS: I've been on it, yes. CHAIRMAN COYLE: I've been on-- COMMISSIONER FIALA: I've been on it every year. CHAIRMAN COYLE: I believe Commissioner Coyle's the only one who hasn't been on it. CHAIRMAN COYLE: No, no, that's not true. Page 58 May 24, 2005 COMMISSIONER HALAS: I think Commissioner Coyle should be on it. CHAIRMAN COYLE: No, that's not true. I've been on it at least for two years. MS. FILSON: As alternate. CHAIRMAN COYLE: No, no, no. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Absolutely not. I've been on it as a primary for the first year, and then as an alternate for the second year. COMMISSIONER HALAS: He's got too much of a glint in his eye to be telling the truth. CHAIRMAN COYLE: No, it's really true. Really, it's true. I've been there. Okay. What do you want to do? We've got Commissioner Henning volunteering as an alternate, I've volunteered as an alternate. COMMISSIONER HALAS: No, no, you need to be -- step up to the plate. MS. FILSON: Maybe we should select the commissioners like we do the advisory board members. CHAIRMAN COYLE: How's that? MS. FILSON: Well, select one commissioner and take a vote on it. CHAIRMAN COYLE: All right. I nominate Commissioner Halas. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Let's vote on Commissioner Halas. All right. All in favor of Commissioner Halas, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. CHAIRMAN COYLE: All in favor -- all opposed, by like sign. COMMISSIONER HALAS: Aye. Page 59 tl -----..--<-~ May 24, 2005 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: (No verbal response.) CHAIRMAN COYLE: Commissioner Henning, which way did you vote? COMMISSIONER HENNING: With the majority. CHAIRMAN COYLE: Okay. So Commissioner Halas is number one. I also nominate Commissioner Coletta. COMMISSIONER HALAS: No, no, no. I nominate the chairperson. COMMISSIONER COLETTA: I second it. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: There was too many. MS. FILSON: I need one more. CHAIRMAN COYLE: Any opposed? Aye. Okay. COMMISSIONER FIALA: I'll volunteer to take the third one. CHAIRMAN COYLE: Okay. MS. FILSON: So I have Commissioner Halas-- CHAIRMAN COYLE: So it should be Commissioner Halas, me, and Commissioner Fiala. And the other two-- MS. FILSON: Commissioner Henning and Coletta are alternates. CHAIRMAN COYLE: Yeah, okay, all right. COMMISSIONER HALAS: Do we have it clear who is the alternate here, Chairman? CHAIRMAN COYLE: Unfortunately. COMMISSIONER COLETTA: I'll take it the following year if Page 60 --"T-'-~'" May 24, 2005 I'm going to be alternate this year. CHAIRMAN COYLE: Okay, good. COMMISSIONER COLETTA: I appreciate the break. Item #9E DISCUSSION REGARDING CREATION OF THE SOUTHWEST FLORIDA 1-75 EXPRESSWAY AUTHORITY - COMMISSIONER COYLE TO SEND LETTER (AND CALL) TO THE GOVERNOR URGING TO SUPPORT THIS EXPRESSWAY AND TO SEND LETTER TO LEE COUNTY CHAIRMAN TO DO THE SAME; FURTHER UPDATE IN SEPTEMBER'S MEETING WITH LEE COUNTY COMMISSION MR. MUDD: Commissioner, that brings us to the next -- to the next item, which is item 9E, and that is a discussion regarding creation of the Southwest Florida 1-75 Expressway Authority, and Commissioner Coletta asked for this particular item. COMMISSIONER COLETTA: Yes. The reason I asked for this was because of the fact that we've all received the same letter from, I believe it was the Chamber of Commerce in Lee County, and wanted us to be able to move this forward, and for that I'm going to have Norm Feders (sic) make the presentation to -- with your permission. MR. FEDER: Commissioners, for the record, Norman Feder, transportation administrator. I will tell you that Lee County is holding a planning meeting with their board on June 6th. They're also getting a review from their lobbyist legislative wrap-up, and I would recommend, first of all, that probably staff and any of the chairman or one of the commissioners maybe attend that Lee board meeting on June 6th. What I would tell you from the legislation is that we probably don't want to wait, as some have argued, until after the turnpike Page 61 May 24, 2005 authority finishes any feasibility study. Although that's an important aspect of issues, I think there's more to be addressed and we need to move forward. But I'd also probably tell you right now, rather than establishing a resolution in support of the legislation or appointing anyone, that it might be best that you recommend that staff work with staff in Lee County, try to develop maybe a mission statement, some goals and objectives or maybe guiding principles, if not bylaws, to bring back to a joint meeting maybe in September of the two boards to allow the discussion -- and I think this kind of discussion will allow the issue to come more in focus and then direct how you might establish your resolutions and follow through on appointment. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd be more than willing to go to the June 6th meeting, unless we -- the chair would like to attend. CHAIRMAN COYLE: I don't know the purpose of going to the June 6th meeting. What Mr. Feder has suggested is that we have a joint meeting of the entire commission. I think it's going to take a joint meeting of the two commissions in order to reach agreement anyway, so I think we probably should let the Lee County commissioners have their meeting on June the 6th, sort out their issues, have our staff coordinate with their staff, understand the issues, and then we can have our j oint meeting and resolve the issues. MR. FEDER: By all means. The only reason I was recommending that was, not to in any way interrupt their meeting, rather to hear their legislative wrap-up, which staff can do, and also to hear and be able to bring that back to the board so staff can definitely do that for the board. CHAIRMAN COYLE: But I think anyone who wants to attend the meeting can do so, I just don't think that we ought to be presenting any official positions at that meeting until we -- Page 62 May 24, 2005 COMMISSIONER FIALA: What day of the week is this? CHAIRMAN COYLE: June the 6th? It's the first week in June. MS. FILSON: Yeah, it's a Monday. MR. MUDD: It's a Monday. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I think that is what we need to do is -- and I think it's already been discussed, so I'll just put my two cents worth in, and I really believe that when we sit down and start drawing up the bylaws and everything, that we need to have both commissions together so that we can hash it out, and I think that's the only fair way of doing it. CHAIRMAN COYLE: Okay. Did you -- COMMISSIONER HALAS: Oh, I think that we should wait until September, that we have a joint meeting with both commissions. CHAIRMAN COYLE: But you want the staffs to be coordinating in advance of that, right? COMMISSIONER HALAS: Yes, definitely. Give direction to staff that they coordinate with their staff so that we have some idea so that you can come forth and give us some ideas of how we need to address this whole issue when the two commissions finally get together. MR. FEDER: By all means. The only thing, for clarification, I'm recommending that we, as staff, Lee County, Collier, develop for the two boards for that September meeting, maybe a mission statement, goals and objectives, and possibly the guiding principles or bylaws. Some could argue and may even on Lee County's side, that that's for the board itself, since it's supposed to be an independent body, to develop. I'm recommending this because I think it gives more of an orientation to at least honing in on what we're trying to do and what we're trying to accomplish, and it also gives the board a little bit more direction into how the committee's going to function and what charge Page 63 May 24, 2005 it's going to take. CHAIRMAN COYLE: Commissioner Coletta has a question, but let me ask a clarification of what you just said, Norm. The -- you're proposing that our staff and the Lee County staff get together and develop some guiding principles. I think that's okay, but before they're presented to anybody, you know, I think we'd like to hear what those guiding principles are, right? MR. FEDER: By all means. This is to be brought back to the two boards and then discussed, as appropriate, in September. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I do believe that's the correct direction. I can't offer anything more in addition to that. But there is one thing. I had a meeting with Mike Davis yesterday, and he wanted to remind us of the fact that the governor has not had the bill in front of him yet to sign it or decline signing, or veto it. And he recommended that I ask you and that the commission direct you to write a letter to the governor expressing the support of the Collier County Commission for this bill and in hopes that he'll sign it, and also to possibly contact the Lee County Commission for you to do that, and to ask them to do likewise. CHAIRMAN COYLE: I will be happy to do that. I think that's even more important in view of the fact we didn't get all the money we needed in the federal bill. So I'd be happy to do that if that's what you'd like me to do. Is there -- COMMISSIONER FIALA: I'm nodding. CHAIRMAN COYLE: I've got three nods? Okay. I've got three nods. COMMISSIONER FIALA: Nodding over here. CHAIRMAN COYLE: So what I'll do is send a letter to the governor urging his support and also send a letter to the chairman of the Lee County Commission asking them if they would now join us. Page 64 May 24, 2005 COMMISSIONER COLETTA: My suggestion is, if you do it, it be an e-mail or phone call or maybe both, because we don't know when it's going to appear on the governor's desk, and we need to marshal our forces early. MR. MUDD: Commissioner, I'll give you a phone -- I'll give you a phone number in the governor's office. I got a call yesterday by the staff person that's moving this particular item to his desk asking the opinion of the Board of County Commissioners on this particular expressway. Based on everything I've heard from you in the past and your support by every member, I said that this board unanimously supported that particular item. And I will get that phone number so that you can make contact with -- well, I guess it's Ms. Berkels (phonetic), and we'll get that -- I'll get you squared away on that phone number. I believe it's soon to be signed or vetoed by the governor. And I don't believe he's going to veto it. He's just trying to make sure he gets the local opinion on it. CHAIRMAN COYLE: Good, good. All right. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Okay? COMMISSIONER COLETTA: That's fine. CHAIRMAN COYLE: Does that mean you want me to make the telephone call rather than write a letter? COMMISSIONER COLETTA: I would do both, since it's your time, not mine. CHAIRMAN COYLE: All right. I'll do that. Very well. Anything else we need to -- MR. MUDD: I'll set up that joint meeting for September. The question I have for Norman, and he just left, Charlotte County was -- at one time was not necessarily going to be an active player at the first part of it but could come on later. Is that the way the bill discusses it? MR. FEDER: Yes. It provides for that option in the future. Page 65 ··_.......··_···-··_·_·_..~___~·__.·_".._"·._M".·~ ~~.,.."-"------ May 24, 2005 MR. MUDD: Would you like to invite them to this joint meeting, or do you want to just have it with Collier and Lee? CHAIRMAN COYLE: I'll tell you, since the initial-- my reaction is, since the initial approval must be by the two county commissions, Lee and Collier -- and I do know that there's still some reluctance among some of the members of the Lee Commission, it might be better not to complicate this with more boards. It might be better to proceed with what we have. I don't know if the other commISSIoners -- COMMISSIONER HALAS: I agree. COMMISSIONER COLETTA: I agree. COMMISSIONER FIALA: That's a good point, yes. COMMISSIONER HALAS: I agree. Item #10A RESOLUTION 2005-210: A RESOLUTION AMENDING AND SUPPLEMENTING A RESOLUTION RE: FLORIDA GAS TAX REVENUE BONDS, SERIES 2003AND AUTHORIZING THE ISSUANCE OF FLORIDA GAS TAX REVENUE BONDS, SERIES 2005 - ADOPTED MR. MUDD: Commissioner, this brings us to a time certain item, and this is item 10A. This item to be heard at 11 a.m. It's a resolution of the Board of County Commissioners of Collier County, Florida, amending and supplementing a resolution entitled, the resolution of the Board of County Commissioners of Collier County, Florida, authorizing the issuance of Collier County, Florida, of $120 million in aggregate principal amount of Collier County, Florida, gas tax revenue bonds, series two oh three (sic), in order to provide funds for the principal purposes of financing the cost of various transportation improvements within the county and Page 66 --...,.,..---. May 24, 2005 refinancing certain indebtedness; Pledging the monies received by the county from the herein described gas tax revenues to secure payment of the principal and interest on said bonds; providing for the rights of the holders of said bonds; providing for the issuance of additional bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date of this resolution; authorizing the issuance of Collier County, Florida, gas tax revenue bond series two oh five (sic) in an aggregate principal amount of not exceeding $100 million making certain covenants and agreements with respect to said bonds; Authorize the awarding of said bonds pursuant to a public bid, delegating certain authority to the chair for the award of the bonds, and the approval of the terms and details of said bonds; appointing the paying agent and registrar for said bonds; authorizing the distribution of a preliminary official statement, and the execution and delivery of an official statement with respect thereto; Establishing a book entry system of registration of the bonds; authorizing municipal bond insurance for the bonds; authorizing a reserve account insurance policy with respect to the bonds; authorizing the execution and delivery of a continuing disclosure certificate; and providing an effective date. And Mr. Michael Smykowski, director of the office of management and budget win present. Hopefully he won't have to read that again. MR. SMYKOWSK1: Good morning, Commissioners. For the record, Michael Smykowski, OMB director. In addition, present is the county's financial advisor from the firm of Public Financial Management, Mr. Hal Conary, and Mr. Steve Miller from the firm of Nabors, Giblin, and Nickerson who are serving as bond counsel on this proposed revenue bond issue. You will recall the adopted road financing plan contemplated the issuance of two series of gas tax revenue bonds, the first of which was Page 67 .",.., .__.,,~----- May 24, 2005 issued in 2003. This is the second series that was contemplated and approved as part of your road financing plan. In addition, prior to proceeding with this issue, the board had authorized the extension of the five- cent, six-cent, and nine-cent local option gas taxes through December 2025 solely for the purpose of providing the available capacity to support this second series of road bonds. The package is fairly lengthy. It has not -- it has not changed-- there is one minor change. In terms of flexibility, given that there is potential for right-of-way issues to crop up or environmental permitting on any of these road proj ects, you want to have maximum flexibility to be able to use these funds on any of the available projects. We have -- there's an updated list that represents Mr. Feder's updated five-year transportation work program that we'd like to incorporate and replace the -- the project listing that was included in the agenda package. This is the most current that is available. And, again, bond counsel, as well as your financial advisor, strongly recommend the flexibility that would allow you to use the available funds on any of the projects in the five-year transportation work program. Again, to avoid any issues, should -- should you have environmental permitting or right-of-way concerns on any of the road projects, this would allow you to use the funds of any of those rather than having a very narrowly defined list of projects. With that, we are looking for the board's adoption of the supplemental resolution authorizing the issuance of the series 2005 bonds, and other matters such as competitive sale of the bonds, approving the attachments to the resolutions, as well as approving the associated budget amendments therewith. COMMISSIONER HENNING: Move to approve. COMMISSIONER HALAS: Second. Page 68 May 24, 2005 CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers? MS. FILSON: No, sir. 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. MR. SMYKOWSK1: Thank you. Item #9F RESOLUTION 2005-211: REAPPOINTING BILL NEAL, RONALD FOWLE, MICHAEL VALENTINE AND PHILIP MCCABE AND APPOINTING STEPHEN MAIN AS MEMBERS TO THE BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to item 9 -- brings us back to paragraph 9, and we're on 9F. This item to be approved by the Board of County Commissioners acting as the Community Redevelopment Agency. It's appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. MS. FILSON: And Commissioner Fiala is the chairman of the Page 69 May 24,2005 CRA. CHAIRMAN COYLE: Yes. MS. FILSON: So you run this item. CHAIRMAN COYLE: Okay. It's all yours, Commissioner. CHAIRMAN FIALA: Do I hear a motion? COMMISSIONER COYLE: I make a motion that we accept the committee recommendations for appointment. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: I have a motion on the floor and a second to accept the committee recommendations. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: We're done, thank you. Item #lOB RECOMMENDATION TO APPROVE AN AGREEMENT FOR SALE AND PURCHASE WITH MICHAEL E. WATKINS, HENRY B. WATKINS III AND TIMOTHY G. CARROLL, TRUSTEES, D. BROOKS JONES, AND GLORIA J. BORDEN FOR 26.77 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - APPROVED MR. MUDD: Commissioner, that brings us -- now we shift to paragraph 10. And that brings us to number lOB. It's a recommendation to approve an agreement for sale and purchase with Page 70 May 24, 2005 Michael E. Watkins, Henry B. Watkins, III, and Timothy G. Carroll, Trustees, D. Brooks Jones and Gloria J. Borden for 26.77 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $2,177,000, and Ms. Alex Sulecki will present. Now, Commissioner, I moved this to the agenda because of the cost, not because it was controversial per se. MS. SULECKI: Good morning, Mr. Chairman, Commissioners. F or the record, Alex Sulecki, coordinator of the Conservation Collier program. Since I'm not sure what questions you might have, I'd like to see if you have questions. CHAIRMAN COYLE: Okay. Anyone have any questions? (No response.) CHAIRMAN COYLE: There is a public speaker. Why don't we call the first -- how many public speakers, just one? MS. FILSON: I only have one, and that's Brad Cornell, and I think only if we had questions. Are you here, Brad? MR. CORNELL: I am. CHAIRMAN COYLE: Yeah, Brad is here. He's going to waive in support of this issue, I think. MR. CORNELL: Yep. CHAIRMAN COYLE: And Commissioner Coletta has -- MS. FILSON: That was your final speaker. CHAIRMAN COYLE: -- has a question. COMMISSIONER COLETTA: No, not a question. Taking Brad Cornell's lead, I'm going to make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: And a motion by Commissioner Coletta for approval, second by Commissioner Fiala. Is there any discussion? (No response.) Page 71 May 24, 2005 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. MS. SULECKI: Thank you. MR. MUDD: Commissioner, the next -- thanks, Alex. Item #10C RESOLUTION 2005-212: A RESOLUTION AUTHORIZING THE CONDEMNATION 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 - ADOPTED The next item is 10C. It's a recommendation to adopt a resolution authorizing the condemnation of fee simple interest 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. It's capital improvement element number 33, project number 60101, and Mr. Calvert, the interim director of engineering for Page 72 May 24, 2005 transportation, will present. Commissioners, I would ask you to let Mr. Calvert put on the record what he needs to for this condemnation particular issue because of potential actions later. Thank you. CHAIRMAN COYLE: Go ahead. MR. CALVERT: Thank you, Mr. Mudd. Mr. Chairman and Commissioners, it's a pleasure being here this morning. For the record, I am Eugene Calvert, the interim director for the transportation engineering and construction management department. This resolution before you is to acquire property along County Barn Road between Rattlesnake Hammock and David Boulevard. This two-mile project includes the reconstruction of existing two-lane roadway to a four-lane urban cross-section with sidewalks and bike lanes on both sides. In planning for this project, your board has previously adopted various master plans in the year 2002, as well as the transportation division's five-year work program, and the county's 2005 fiscal year budget which allocates $15.8 million for the construction and 1.2 million for right-of-way acquisition. Each of these board actions considered extensive planning data, engineering data, and public input that I would like to incorporate and make a part of this record. Today upwards of about 17,000 vehicles per day use County Barn Road. These numbers are rising and will continue to rise as a result of our growing community. The improved section requires a minimum width of about 125 feet of right-of-way. Additional right-of-way width is required along certain portions of the road to accommodate alignment, drainage, and stormwater treatment. In regards to the alignment, the designers have maximized the use of the existing right-of-way along the corridor; however, factors Page 73 w<.·__'~_"_~'^>.__ May 24, 2005 due to stormwater drainage and treatment requires additional right-of-way. The proposed expansion involves acquiring additional right-of-way from 38 property owners along the corridor. Staff win continue to negotiate settlements without resorting to the county's power of eminent domain; however, this resolution is necessary to ensure the timely commencement of the construction work. Besides alternative routes, staff considered traffic volumes, public safety, the environmental conditions, aesthetics, neighborhood character, constructibility, stormwater management, and cost. Discussions with the South Florida Water Management District indicates this project is likely to be permitted as it is currently designed. Public meetings have been conducted to share the 30 percent design with the community and incorporate community concerns and comments into the design. A public meeting will be held in July to review the 60 percent design. Based upon these materials in my presentation, I would ask that you approve the recommendations as outlined in the executive summary. Thank you. And I'll be glad to answer any questions. COMMISSIONER HALAS: Move for approval. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, 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. Page 74 ...-...----."-"--.-.-."..."..-- May 24, 2005 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Hearing none, it is approved unanimously. Thank you. MR. MUDD: Yes, sir. Commissioner, on your agenda, 10D is continued to 14 June, and I made mention of that at the beginning of the meeting. (Commissioner Henning left the hearing room.) Item #10E RECOMMENDATION TO APPROVE SUPPLEMENTAL AGREEMENT NO.5, TO PROFESSIONAL SERVICES AGREEMENT NO. 01-3195, IN THE AMOUNT OF $271,295 FOR ADDITIONAL ENGINEERING SERVICES PROVIDED BY CH2M HILL, INC., FOR DESIGN AND PERMITTING MODIFICATIONS FOR THE SIX-LANING OF VANDERBILT BEACH ROAD FROM AIRPORT -PULLING ROAD TO COLLIER BOULEVARD, PROJECT NO. 63051-APPROVED Next item is 10E, and that's a recommendation to approve supplemental agreement number 5 to Professional Services Agreement number 01-3195 in the amount of$271,295 for additional engineering services provided by CH2M Hill, Inc. for design and permitting modifications for the six -laning of Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard, project number 63051, and Mr. Calvert, again, will present. He's the interim director of transportation engineering. MR. CAL VERT: Thank you, again, Commissioners. Again, for the record, Eugene Calvert from the transportation division. This particular supplemental agreement is being brought before Page 75 May 24, 2005 you to address some changes that have occurred in the project. As you're well aware, Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard has started the construction process. We are now in the process of -- because of the various number of changes that have occurred throughout the design process, we are bringing this before the board for an amendment to the professional services agreement. Any questions you may have, I'd be glad to answer. COMMISSIONER COLETTA: Motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. A motion for approval by Commissioner Coletta, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers, right? MS. FILSON: No. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Hearing none, it passes unanimously. MR. CALVERT. Thank you. (Commissioner Henning entered the hearing room.) Item #10F RECOMMENDATION TO DETERMINE FUNDING OF ITEMS IDENTIFIED ON THE UNFINANCED REQUIREMENT (UFR) LIST DEVELOPED DURING THE FY05 BUDGET PROCESS - Page 76 May 24, 2005 APPROVED MR. MUDD: Commissioner, the next item is number lOF, and I need to -- a question I have for the board is, I received Commissioner Coyle's UFR request yesterday. I assimilated it onto the sheet that I have right here. I took the votes that looked like the majority, I averaged what the majority wanted on a sheet and brought it here. Now, at the board's pleasure, I can give you this sheet and you can look at it over lunch and we can do it later, or we can do it right now. But I don't mean to give you -- this is hot off the press that I had this morning. COMMISSIONER HALAS: So are you going to pass out Commission Coyle's votes? MR. MUDD: Yes, sir. I'm going to pass out everybody's votes. COMMISSIONER FIALA: I think we can just do it now. CHAIRMAN COYLE: Why don't you display it on the screen. Could you do that? COMMISSIONER HALAS: Yeah. COMMISSIONER COLETTA: Too many sheets. COMMISSIONER HALAS: Just one sheet. CHAIRMAN COYLE: Just one summary sheet. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Can we see it? COMMISSIONER HALAS: He writes too small. CHAIRMAN COYLE: Yeah, typed it too small. Okay. Well, this isn't much better. COMMISSIONER COLETTA: Here, I can hold it farther away for you. CHAIRMAN COYLE: Okay. Yeah, I can read that real well. Commissioner Henning? COMMISSIONER HENNING: I don't want to pick on our chair, but I have concerns about being able to review other commissioners' Page 77 May 24, 2005 wish list and then filling out the priorities knowing what the other commissioners' priorities are. I was hoping that we could have reviewed all these at the same time. COMMISSIONER HALAS: Well, I guess you could ask the chair whether, when he filled out his wish list, if he had looked at any of the other commissioners' wish list. CHAIRMAN COYLE: The answer is, you bet. COMMISSIONER HALAS: Oh, okay, because I had the packet, you know, so -- COMMISSIONER HENNING: It's a flaw in the system, and -- but, you know, with that said, I don't think that's going to change anything at this point if we decide to do it over. But I just -- I just have concerns about that. But be that as it may, we might as well make a decision today. CHAIRMAN COYLE: Yep. MR. MUDD: Okay. Commissioner, if I could -- if I could at least -- I think everyone has seen the list, and I've put the list on the board so that people could see it. I've annotated each commissioner's choice in priorities when I received the choice in the priorities. There's one correction to your list, and that's the 9/11 monument design siting. If you look at the average amount when it comes -- when you average the three votes, it comes out to $200,000. And you'll see the county manager's recommendation is $100,000, and you look at me like I've got four eyes. I received an estimate from our facilities folks, and they basically said that -- I think that the preliminary came in at around $89,000, okay, so I believe $100,000 will do the design and siting for that monument. COMMISSIONER FIALA: Good. MR. MUDD: So-- CHAIRMAN COYLE: And what if you're wrong? What if-- Page 78 May 24, 2005 MR. MUDD: That's from our architectural firm. CHAIRMAN COYLE: What-- MR. MUDD: That's a hard number, sir. COMMISSIONER HENNING: So he's right. MR. CAMP: For the record, Skip Camp, your facilities management director. That's a hard proposal. They're ready to go for it. CHAIRMAN COYLE: Okay. What does it include? MR. CAMP: It includes everything from working with the artist, if you will, one or two meetings with the general public, meetings with the officials, staff. It has to do with all the site development, the construction documents, construction inspection. Construction documents -- what else? There was one other real important one. Oh, it has to do with coordination with all the underground utilities, which is a major deal, and of course, all the subs, electric, water -- there's a water feature involved. The total design and development of the site and the monument. CHAIRMAN COYLE: And if there are changes during the input by the public, how do you accommodate that? MR. MUDD: Commissioner, I have 10 percent on that. It came in at 89, and I basically gave about $10,000 in addition to that at that $100,000 price tag in case there would be a change. CHAIRMAN COYLE: Okay. All right, thank you. MR. MUDD: Commissioner, what I did is -- or what Mike did for me, Mike Smykowski, we took a look at the different votes based on the dollars that you put on a particular item, and I just want to get you to the last column or so, the last two columns on your matrix. And we averaged the amount of money, if there was three commissioners that put money in that particular issue, we averaged the amounts and we brought the line all the way down to sum it up. When you average those three votes or four votes or five votesa Page 79 May 24, 2005 for a particular item and you add all those dollar amounts, it comes up to be $5,566,856 of the monies that are available, which is $4,940,583. That would mean that that final column is over budget by $626,273. When I saw that yesterday, I said, okay, Mike, we'll take a look at what they have, and let's see if we can find a way to try to work things out. So that's where I came up with the county manager's recommendation. You'll see the first value is the same, second value I increased it, because that was City of Naples' request, that they asked us for the particular issue, so I put it there. And I'm not saying my recommendation is correct, I just tried to give you a proposal that would come in at the -- at the appropriate amount of dollars. I reduced the CAT facility by $460,253, and brought it in at 1.5. I reduced the 9/11, as we just talked about, to $100,000. The next item is the same. The 66 five is the same, the 12 seven is the same, the 12 seven is the same, the 77 five is the same. I reduced the general building repairs by $133,633 and brought it in at 1.5. The 41 six is the same. I reduced -- I reduced the marketing by $2,155. I kept the -- the traffic control for the sheriff deputies at 66 nine, it's the same, and I upped the road maintenance crew by about-- by about $3,000 to $101,000, and that kind of got you in the right amount of money along with the recurring cost being below what it is. But that's all I ask, sir -- sir and ma'am. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I see that -- and I agree with everything that is on this sheet. My biggest concern is, as I stated before, that we take on more responsibilities for museums and operations of that nature, and yet we don't do any real funding to catch up with the cost. I believe we have like $2.7 million right now that are still out there outstanding for all of our museums. So I'm hoping sometime or Page 80 May 24, 2005 someplace we can address this, because I believe it's really part of not only the culture of this particular area, but also it's a tourist attraction. So I see that we're putting 400,000 towards the Naples Depot, but I'm hoping that eventually we can have funding or come up with certain funding for the other projects that we have within the -- MR. MUDD: Sir, I'm -- in the 2006 budget, I'm looking to fund about $500,000 of the 2.7. You haven't seen those yet because it's part of the '06 budget. COMMISSIONER HALAS: Okay. MR. MUDD: What I've asked -- what I've asked Mr. Jamro, the director of museums, to do for me is over a five to six-year period of time, to take that $2.7 million and break it down in digestible doses. We can't do it all in one year because we just can't afford it. But let's have a plan to get it resolved so that it's done on multiple years so that this list just doesn't -- we don't just kick this can down and things get worse. So I've asked him to prioritize the project over a five-year period of time to get it to me in about a half a million dollar doses so that we can get it -- we can get it worked on, and by about 2011, have it finished. COMMISSIONER HALAS: Thank you. I appreciate that. I think that's something we need to address. But it seemed like we were gaining more assets, but we weren't doing anything with the stuff that we had, and that was becoming a concern. MR. MUDD: It's a concern of mine, too, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: And then for your knowledge, the TDC did vote unanimously to provide the full 22 percent allocation to the museums for this year, so they'll be recommending that to you, so that should help a lot. Commissioner Henning? COMMISSIONER HENNING: These items will come back for Page 81 .-. ...,..~~.,~.~,---"-_......~.,,._,...~ May 24, 2005 individual approvals on the agenda, or you just start slinging out checks? MR. MUDD: No, sir. Sir, for instance, if you're going to -- the Naples Depot operation, we'd come back to the board, we would put that in the budget for museums, and he would start working those dollars to get the things fixed on the Naples Depot. The Pulling property, we'd come back to the Board of County Commissioners to have you write -- for us to write the check to the City of Naples for that particular issue. The CAT bus system, before we do anything, we'd have to bring that particular item back to the board for your approval. I think part of it's going to be acquisition of property, and it might be build a building. So yes, we would come to the board with that because they'd have to go out for design and whatnot. Now, we are taking a look at an alternate facility right now that might be able to do all of those things, but it would still be acquisition of the property, and they'd have to come to the board. COMMISSIONER HENNING: Okay. The reason I ask that is, I think it's important for us to have a discussion about the Fleischmann property, because one of the proposals is to use that for a canoe launch facility, which, you know, we're -- if we fund the Pulling property for the same thing, are we using it -- using it wisely? So I guess that's a decision for another day. The second thing is -- right? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Yep. The second thing is, do you really want to award the sheriff to do his job? And, you know, my concern is, providing funds for overtime monies for enforcement of right-of-way parking or obstruction of the road. COMMISSIONER HALAS: Well-- CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: My concern is, if we want to start a Page 82 -"-''"1'''>"-'---~--'- May 24, 2005 shuttle service and you've got people sitting on a shuttle bus and they can't go anyplace, I think that's a concern, so -- COMMISSIONER HENNING: So we want to award the sheriff extra money for doing his job? COMMISSIONER HALAS: Well, if the sheriff said that he can't get it done on normal work hours where it ties up two deputies over an eight-hour period, I'm really not sure how we address that. COMMISSIONER HENNING: No offense. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Obviously there's not enough money in the world to ever satisfy every one of our needs. Every commissioner has a different opinion about how we spend the last bits of the pot to be able to cover some unfunded needs. I think you did an excellent job of coming up with a chart going across and polling the commissioners, and I think your recommendations are sound. I mean, if I had my way, I'd draw them a little differently, but of course, we could discuss this till the sun goes down tonight. And so I'm going to make a recommendation -- I'm going to make a motion that we follow the county manager's recommendations. COMMISSIONER FIALA: I second that. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Coletta to approve the allocations as described by the county m~nager with the adjustments that were read into the record. MR. MUDD: Sir, this is basically your recommendation on what you had funded, and I changed the numbers a little bit, so I brought it into the -- CHAIRMAN COYLE: And you've read that into the record? MR. MUDD: Yes, sir, I read that in. CHAIRMAN COYLE: You've told us what those are. So -- now, commissioner Fiala, you have a question? Page 83 May 24, 2005 COMMISSIONER FIALA: Yeah, I just wanted to -- Commissioner Henning had said something about, do we want to hire the sheriff to do his job? I think what we're doing is actually reserving these officers. If they -- if they were on duty that day, they would be sent to wherever they needed to go in the county, whereas, we're saying we want these guys here at this specific time and on these specific days, so we're actually, in my opinion anyway, hiring these people. And I think it's a good idea being that we've had so many problems in that area. CHAIRMAN COYLE: Okay. No public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta for approval, a second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Commissioner Henning votes in opposition. COMMISSIONER HENNING: No offense. CHAIRMAN COYLE: It passes 4-1. Item #10G RESOLUTION 2005-218: RECOMMENDATION TO AUTHORIZE BOARD OF COUNTY COMMISSIONERS CHAIRMAN TO ENTER INTO A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF Page 84 May 24, 2005 TRANSPORTATION, ON BEHALF OF COLLIER COUNTY, FOR RECEIPT OF FEDERAL DOLLARS FOR TAMIAMI TRAIL ENHANCEMENTS AT THE PORT OF THE ISLAND COMMUNITY - APPROVED MR. MUDD: Commissioner, that brings us to item lOG, and that is a recommendation to authorize Board of County Commissioners chairman to enter into a Local Agency Program Agreement with the Florida Department of Transportation on behalf of Collier County for the receipt of federal dollars for the Tamiami Trail enhancements at the Port of the Isles Community, and-- COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Fiala. Are there any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: 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. Thank you. MR. MUDD: Ma'am, did you sign up to speak on that last item? I know you were interested in it. But the board just approved it, if Page 85 May 24, 2005 you just wanted to know what they just did, okay? So that was good news as far as you were concerned, okay? UNIDENTIFIED SPEAKER: May I have one comment? MS. FILSON: I don't have a speaker slip. CHAIRMAN COYLE: You'll have to come up to the podium. You'll be restricted to five seconds. Just kidding. UNIDENTIFIED SPEAKER: Thank you, Mr. -- Commissioner Coletta. You're the one that got me here. COMMISSIONER COLETTA: Thank you. Since we already took the vote, it's fine to say that now. Item #10H RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE RE-PAYMENT OF FLEET EXPENSES, TOTALING $121,100.82, WHICH ARE DUE FROM ATC/INTERLITRAN INC. AND SUPPLEMENT THEIR INSURANCE PAYMENTS UP TO $187,000 - FUNDING TO BE AVAILABLE TO PAY THE EMPLOYEES IN THE AMOUNT OF $75,000.00 UNTIL THE JUNE 14, 2005 BCC MEETING, THEN TO BE BROUGHT BACK WITH MORE DETAILED INFORMATION - APPROVED MR. MUDD: Commissioner, that brings us to the next item, which is 10H, and that used to be 16B 12, and that is a recommendation that the Board of County Commissioners waive repayment of Fleet expenses totaling $121,18 -- excuse me -- $121,100.82, which are due from ATC/Intelitran, Inc., and supplement their insurance payments up to $187,000, and Ms. Diane Flagg, alternative transportation modes director, will present. MS. FLAGG: Good morning, Commissioners. This issue is to receive the board approval to waive the Fleet expenses and insurance Page 86 ,t-'.,'"___. May 24, 2005 payments, as the manager indicated. The county contracts with ATC and Telitran to manage the paratransit services. ATC had to cancel a -- their contract with their primary provider previously because of significant client issues, and they subsequently contracted with Caring for Kids. Because of significant increases to operating costs, fuel, maintenance, and insurance, in addition to some other costs, Caring for Kids has requested assistance in continuing to provide this paratransit service. We looked at -- we took this issue to the local coordinating board, which is the board that is appointed to oversee paratransit services, and they recommended that the county waive the Fleet costs up to 130,000 and supplement the insurance to 187. The -- additionally, we took this to the MPO board, and they also recommended approval. And the recommendation, our options that we looked at was to ask A TC to go and find another provider, that we wanted to -- them to stand by the contract. They indicated to us that the only provider that expressed any interest at all in providing the service was the previous service provider. And so we've asked Les Solberg -- who is here and who can answer any questions. Les Solberg is the general manager for A TC. MR. SOLBERG: Thank you, Diane. Good morning, Commissioners. As Diane said, mentioned, there has been many cost increases that were not expected to hit as hard as they did. Fuel and maintenance has increased $156,000, insurance has increased by $127,000. There's so much liability in the paratransit work that this is becoming a problem statewide, not just here in Collier County. But I'm here to answer any questions that you may have. Like Diane said, the only carrier that has shown any type of interest of coming back into the system was the previous carrier, who there were many problems with. Caring for Kids offers a quality service, well-trained drivers, very courteous staff, and I hear nothing but good Page 87 May 24, 2005 things about the job that they've been doing. But I'm here to answer any questions that you may have. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: You said that one was the fuel cost. I believe you said a cost overrun of about 156,000. MR. SOLBERG: And maintenance. That's fuel and maintenance. COMMISSIONER HALAS: Fuel and maintenance. Can you explain why you have $127,000 in cost overruns in insurance from the original contract? MR. SOLBERG: Again, the original insurance when they first started was 130,000. When that contract period ended, the cost went to $250,000 for paratransit vehicles. COMMISSIONER HALAS: Can you give me an idea of when you first negotiated the contract for insurance, that was 127,000, and in the period of time that it escalated up to, what'd you say, 257? MR. SOLBERG: 250,000. COMMISSIONER HALAS: Okay. MR. SOLBERG: We did not negotiate that. That would have been with Caring Hearts. But, I mean, insurance in paratransit service, because of the liability with the lifts, the wheelchair lifts and just the clientele that you deliver service to, insurance levels have skyrocketed statewide. COMMISSIONER HALAS: And what was that period of time? Do you have that down? MR. SOLBERG: No, I don't. I'm sorry. COMMISSIONER HALAS: That would be interesting to find that information out, what the period of time was that inflated value increased. MR. SOLBERG: We do have documentation that -- you know, we have gone through Caring for Kids' books, and we've done a complete analysis of their revenue and their expenses, and it's Page 88 May 24, 2005 documented that that's how much the insurance is costing. COMMISSIONER HALAS: One last question here, Mr. Chairman. CHAIRMAN COYLE: Sure. COMMISSIONER HALAS: So the end result is basically, you're looking for about $317,000 in bail-out money, is basically what , we re -- MR. SOLBERG: To assist where we're at, because these were uncontrolled costs, these were unforeseen costs. And one of the other problems that we're about to face is that during the summer months, the revenue's going to be going down. There's going to be fewer trips, but yet the expenses are going to remain constant because now you're going to start having problems with the air-conditioners, and you're still going to have to maintain the vehicles, pay the staff, and still offer the same benefits to the staff. So we're going into a slower period now, which is going to be a difficult time also. CHAIRMAN COYLE: Let me pursue a little bit about the total budget for this program. What is the total budget? MS. FLAGG: The total budget is right at 1.3 million. CHAIRMAN COYLE: One point three million. How many people are being served by this program? MR. SOLBERG: I just started down here about two weeks ago, and I do not have all those numbers yet. I'm sorry. CHAIRMAN COYLE: Okay. Well-- MR. SOLBERG: We will be working on the annual operating report for the state. That's going to be -- the fiscal year end is June 30th, so we'll be able to come back and give you all of the information about the annual operating report which will tell all of the type of riders and how many riders and all of that information. CHAIRMAN COYLE: And how much do the riders pay? MR. SOLBERG: It varies on their income levels, and it also Page 89 May 24, 2005 depends on the program that they're riding under, because we do Medicaid transportation and DT transportation, the disadvantaged transportation, and there's various service agencies that we provide service. Some do not require any type of a co-pay at all. The agency pays for the full amount. CHAIRMAN COYLE: And what is the $2.50 per trip brokerage fee that you pay to -- that's paid to you? MR. SOLBERG: That's for -- that's the money that we make on a trip. That's so that we -- we take the reservations, we do the billing, we do the collections, and we reimburse the carriers, and that's the fee that we charge to cover our expenses. Our facility and all of our -- CHAIRMAN COYLE: And that fee is paid by whom, the people who ride or -- is it included in the fee for people who ride, or is it part of our contract payment to you? MR. SOLBERG: Well, it's included in the fee per trip. It's a per trip, per client fee. CHAIRMAN COYLE: Well, I think I raised this same question maybe a couple of years ago, and I'm really concerned about giving people additional supplements on contracts when they're unable to perform under the contract that they committed themselves to. I do understand that unanticipated events can occur. But before I could vote to support this additional payment of $300,000, which by the way doesn't seem to be the only item, because there's another item right behind this one that has a similar situation, I'd like to see the total budget. I'd like to understand how many people are receiving service, how much is it costing us to provide the people this service, so we can make some informed decisions about what our alternatives really are. And how quickly could we get that? MR. MUDD: Sir, if you'd like to continue this item till the 14th of June, we can provide you that information. CHAIRMAN COYLE: Okay. I would like to do that. Do we have enough members on the -- Page 90 May 24, 2005 COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Yeah, Commissioner -- COMMISSIONER FIALA: Can I ask a question? CHAIRMAN COYLE: -- Fiala. Did you have another question, Commissioner Halas? COMMISSIONER HALAS: No. I was just going to make the same suggestion you did, Chair. CHAIRMAN COYLE: Okay. All right. COMMISSIONER FIALA: I think that's great, except are we going to -- being that they're operating at a loss every week, are we going to lose them? MS. FLAGG: Caring for Kids has indicated they will end their service. In answer to your question, George is here from Caring for Kids, and he can give you the specifics as to the number of people transported per day by Caring for Kids and answer any other questions that you have there. CHAIRMAN COYLE: Well, just so that there's no confusion, this isn't a program that is designed to transport kids. Caring for Kids is the company that is administering the service. MS. FLAGG: Correct. CHAIRMAN COYLE: I just don't want the public to get -- to begin to think that we're depriving children of transportation somewhere, although there are some children involved in this process. Okay. The Caring for Kids is the company that provides the -- is the subcontractor for A TC? MS. FLAGG: Transportation, right. Caring for Kids is the subcontractor to A TC. CHAIRMAN COYLE: A TC, yes. MS. FLAGG: Caring for Kids submits -- they do -- A TC does the reservations for the trips, and then Caring for Kids transports the people in the program. When the county -- in terms of the county budgets -- and we Page 91 May 24, 2005 budgeted about 1.3 million this year, and the cost of the -- this cost will be within the FY -'05 budget; in other words, that the FY -'05 budget will not be exceeded to make this payment in what was budgeted for FY-'05. Caring for Kids did indicate this morning that they cannot continue to provide service. CHAIRMAN COYLE: Beyond what point in time? MS. FLAGG: She said two weeks. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Commissioner, may I say one thing? CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: We have a contract with somebody that goes beyond two weeks, and I just want to make that a point. This issue could be settled other ways besides giving more money. CHAIRMAN COYLE: I agree. If you have information on the number of people that are served, please give us that briefly, and then let's make a final decision. MR. RHODES: Yes, sir. Good morning, Commissioners. Name is George Rhodes, and I'm the director of operations for Caring for Kids. During high season, we transport anywhere from 580 to about 700 passengers. It fluctuates, but that's a good barometer for high season. Then we get into -- MR. MUDD: Sir, is that a week, a month? MR. RHODES: Day. A day, I'm sorry, a day. And then when we get to the summer, as we're approaching now, it goes down significantly to -- we're doing right now about 500, but we will eventually see 400 and maybe even 380 a day. CHAIRMAN COYLE: Okay. Then I still would like to see the full figures. And if we can do this in two weeks -- can we do it the next meeting in June, or is that possible? Page 92 May 24, 2005 MR. MUDD: Fourteen June. CHAIRMAN COYLE: Fourteen June. MR. MUDD: We'll have that information you need, sir, but that's more -- but that's more than-- CHAIRMAN COYLE: More than two weeks. MR. MUDD: -- two weeks. CHAIRMAN COYLE: What's the -- COMMISSIONER HALAS: Definitely, I can't make a decision on -- with the information that we have today. CHAIRMAN COYLE: Okay, good. Commissioner Fiala, you had your light on. COMMISSIONER FIALA: Yes, just a question. Diane said that we had the money in the budget, is that it, but the contract didn't meet the budget? I'm -- MS. FLAGG: In other words -- COMMISSIONER FIALA: Can you clarify for me. MS. FLAGG: -- what the situation is, we have the money in the FY-'05 budget; however, when Caring for Kids made their projection on the provision of services to take over for the other provider, they made projections of the insurance. Well, the insurance -- they proj ected how much the insurance should cost. They were -- the projections were 127,000 short because their insurance was actually significantly more than what they had projected when they said they'd do the service. The fuel and maintenance cost since they've taken over is $156,000 more than they projected when they said they would take over the service. And then for the remaining months of July, August, and September, because their expenses stay the same in terms of labor but their trips drop off -- and that's how they get reimbursed is through their trips -- that comes to a total of 349,000. What the recommendation was is to only augment their shortfall up to the 187- and the 121- so that it would stay within the current Page 93 May 24, 2005 adopted FY-'05 budget that we're working in right now. COMMISSIONER FIALA: And did they take over in the middle of the year? MS. FLAGG: They took over in the summer of last year. COMMISSIONER FIALA: So was that in the middle of the contract or in the -- MS. FLAGG: The contract ends September 30 of this year. There's four months left of the contract. CHAIRMAN COYLE: Is there a motion to -- COMMISSIONER HALAS: I make a motion that we bring this back on June 14th. CHAIRMAN COYLE: Okay. Motion by Commissioner Halas. I'll second the motion. Any further discussion? Commissioner Coletta? COMMISSIONER COLETTA: Just one suggestion. If you could possible make appointments to visit each commissioner between now and then, I think we can bring this to some resolution when we meet the next time. CHAIRMAN COYLE: Okay. Any further discussion? All in -- COMMISSIONER FIALA: Yes, one more -- CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Caring for Kids, will they abide by this until our next meeting, understanding that we need people to talk to us and that we just needed more information? MS. FLAGG: Commissioner, there is, as Commissioner Henning indicated, a 60-day out on the contract. In other words, there's a period of 60 days. Caring for Kids said this morning two weeks. The president is here that can maybe answer that question for you. MS. TEJERINA: Almost good afternoon, Commissioners. My Page 94 May 24, 2005 name is Betty T ej erina, and I am the president and executive director of Caring for Kids. Originally what we do is we take care of medically complex children. I just want to clarify that, because a lot of people are getting confused a little bit by our name and what we actually also do in the community. We were providing transportation for medically complex children prior to jumping into helping the community and the entire community's transportation. That's the main reason why we were asked to contribute to this proj ect in the community. We -- I think that besides what -- I want to make a statement today is that besides the increased expenses, I believe what's happened here also includes the fact that when the budget was given to the commissioners or to the county -- and note, I am not a financial person. I'm a clinical person. But when the budgets were submitted from Caring for Kids as to what it would cost to operate this service to the community, I understand that the management fees that go in with, you know, the person -- you know, ATC manages the program, they make the reservations, like Les explained. Those fees were not included in that budget. And we probably wouldn't be here today if those were -- had been included. We wouldn't have made any money, Caring for Kids would not have made a profit, but we wouldn't be losing like we're losing. So basically, you know, the bottom line is, they are absolutely correct, there were increases in insurance and gas and maintenance. We probably wouldn't be here today, we probably would not be making a penny on this project because, you know, we're serious community people here, if the management fees had been included in the budget. Because what has ended up happening is those managements fees for A TC to survive -- and rightly so. I mean, they have to run an office, they have to pay a reservationist, a manager, those fees are Page 95 May 24, 2005 coming out of the providers monies of the monies that were intended to provide services to the clients. So, in turn, what I'm trying to tell you is if that had been included, yes, we wouldn't have made a penny in this proj ect, but we probably wouldn't be out here begging. COMMISSIONER FIALA: So you say that the fees for the management company, A TC, were not included into the total budget? MS. TEJERINA: Somehow they were left out, from what I understood, and I think that was -- there's writings to that. I don't have them with me. But there has been e-mails back and forth regarding that between A TC and the county staff and us, and as well as has been solidified through the LCB that that did happen. It's -- you know, it's not to blame anybody, but it's just for you to understand that besides the increases in maintenance and gas and all this and that, you know, that is an issue. You know, maybe Diane can speak to that as well. But it's not pointing the finger at anybody by any means, because, you know, I have high respect for the county staff, I have high respect for all of you, for A TC, we've all worked extremely well as a team, and we are providing the heck of services (sic) to this community. So -- and I really have to tell you, we do not want to cancel this contract. We love doing what we do. We do it well, but the funding is not there. I cannot make payroll two weeks from now. And, you know, there were some monies coming in in terms of covering some of the insurance, and apparently that has been held up too, and basically I cannot pay, you know, and my drivers are not going to work for free. I wish they would. CHAIRMAN COYLE: Okay. There's a motion on the floor. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. And opposed? Page 96 May 24, 2005 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. There are -- the motion fails on a vote of 3-2. COMMISSIONER HENNING: May I make another motion? CHAIRMAN COYLE: Sure. COMMISSIONER HENNING: That we fund this until our next meeting, the proposal, what's being asked, fund it for -- until our next meeting, and -- because I need some more infonnation, but I don't want to see anybody -- I don't want to see this program being lost, but also I think when you sign an agreement, you need to be accountable for that agreement. MS. TEJERINA: Right. COMMISSIONER HENNING: I need to understand the management fees that was not included and everything else. That's my motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I'll second that motion. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: And there's a second by Commissioner Coletta. CHAIRMAN COYLE: Commissioner Halas, you had a -- COMMISSIONER HALAS: Yeah. I'm just surprised that staff didn't give us additional infonnation when this was placed on the consent agenda. I had some concerns with it, and I was going to ask that this be pulled also. I really feel that you -- when staff puts this stuff on the consent agenda, that you need to make sure that all the background infonnation is here. I don't think we'd be in this position today. And I sure can't approve it on -- today because of the fact that I asked for some additional infonnation that was not readily available, and I think Page 97 ._-'~'H.._.., May 24, 2005 we really need to do an in-depth study in regards to what's really happening. And I hope that you will take the offer in regards to seeing each of us commissioners and having a detailed -- detailed form in regards to exactly what was -- been proposed and where we are today and how we got there. CHAIRMAN COYLE: David, you had a comment? MR. WEIGEL: Yes, I did. Thank you. Mr. Henning has made a motion, and I wanted to make sure that the county staff is -- has an understanding of how to apply that motion. It appeared to be funding for the next two weeks, or, perhaps, to the next board meeting, June 14th, and that may need to have a dollar-and-cent figure or some kind of definite statement so that you can administer that. CHAIRMAN COYLE: I think he said funding at an increased level for the next two weeks, didn't you, to help them cover the costs, so that -- and would it be appropriate to -- at least for the budgeting guideline, to take the costs that are included -- the cost shortfalls, revenue shortfalls, included in our executive summary and allocate a pro rata portion of that for the next, what is it, 15, 16 days? MS. FLAGG: We could -- what they have is, if you look in Exhibit B of the executive summary, they have $70,500 of insurance that they were requesting payment in May, and then another 23 five in June. There's four months left to this contract. So their shortfalls have been accumulating, based upon meeting multiple times with the local coordinating board about all these issues, meeting with people talking about the contract, doing a full financial review and all the background work, and then waiting -- taking it to the Metropolitan Planning Organization, providing an overview at the MPO meeting also. CHAIRMAN COYLE: Well, 1-- if I remember -- if I understood Page 98 May 24, 2005 your motion correctly, Commissioner Henning, you were willing to make sure that they don't lose any money between now and the time we bring this issue back. We're not yet talking about covering all the shortfall that's occurred so far year to date; am I correct? COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: Okay. So we need to arrive at a dollar figure for that. COMMISSIONER FIALA: Let me ask you, will they cancel their insurance, being that it sounds like the 70,000, they'll just be like three months in arrears, and I know insurance is not easy to get, especially in -- in areas like this where they handle highly sensitive people. MS. FLAGG: They have paid the 70,000 in insurance, but that money that they -- because they can't function without insurance, so they have paid that 70,000, and what they were going to do with that 70,000 is to pay some of the other invoices that they had outstanding, but the insurance is in force. COMMISSIONER HENNING: What I understood the provider saying is, she can't pay her employees until we vote on this issue. So if that's a real issue, why don't we allocate enough funds to pay the employees until the Board of Commissioners gets enough information; is that a problem? CHAIRMAN COYLE: No. I think that's a good idea, but maybe we can simplify it even more. I think we were told that there wouldn't be a problem -- would not have been a problem this year if the $2.50 franchise fee or management fee had been included. So what would happen if we were to agree to pay an additional $2.50 per-- COMMISSIONER HENNING: Rider? CHAIRMAN COYLE: -- rider for the next -- what is it, 16 days, 1 7 days until the next meeting? MR. MUDD: Twenty-one days. CHAIRMAN COYLE: Twenty-one days. Page 99 May 24, 2005 COMMISSIONER HENNING: Yeah. See, I have a problem with that because our staff hasn't responded to the comment that it wasn't included into the contract, and maybe somebody else is getting that money. And I just don't want to double dip there. MS. FLAGG: Commissioners, if I could clarify what this 2.50 is. The county receives an invoice for a trip. So if you pick up an individual in a wheelchair and take them to dialysis, there is a set fee that the county pays for that trip. From that set fee, A TC gets 2.50 of that trip. So it's not -- what transpired was, when A TC submitted the rate increase, they took Caring for Kids' budget that Caring for Kids had prepared, they neglected to put their 2.50 management fee on top of that before they presented for the rate increase. So that 2.50 is something that really doesn't impact the county. The county has said, we pay this much for this trip, and that 2.50 is within the amount that we pay for the trip. The issue here is that Caring for Kids -- the biggest issue is that when they did their proj ected budget, that these insurance, fuel, and maintenance costs have greatly exceed what they had anticipated for their budget. CHAIRMAN COYLE: But it's also because the management fee wasn't included in their overall budget. MS. FLAGG: ATC has acknowledged that when they presented, this is what we need the county to pay for a trip, that they had neglected to include their 250 -- excuse me -- $2.50. CHAIRMAN COYLE: But why isn't ATC involved in helping Caring for Kids recover from this also? MS. FLAGG: ATC has -- and Les can speak to that. But ATC has negotiated some of the Immokalee circulator trips where they're just waiving their management fees to help also offset the costs that Caring for Kids is experiencing. CHAIRMAN COYLE: That's a lot of money. That's over-- Page 100 May 24, 2005 that's almost $45,000 a month in management fees. MS. FLAGG: Uh-huh. CHAIRMAN COYLE: So I'd be real surprised if it takes that amount of money just to schedule a trip, schedule these trips. Nevertheless, I'm not going to get involved in the internal operations of the contract, because I don't understand the business. But it appears to me that we signed a contract with somebody. MS. FLAGG: We did. CHAIRMAN COYLE: And the contractor and the subcontractor have a responsibility to perform. I'm willing to be reasonable to make sure that these people who apparently are doing a very good job with this program don't get hurt. But we need more time, and that's where I am with this. We need information. We just cannot make decisions without having solid information on which to base those decisions. And I think all of the commissioners are sympathetic to the issue. We do not want to see this transportation program terminate, and we don't want to see people, companies hurt, because of circumstances beyond their control. But we do have a responsibility to the taxpayer money. Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I just want to go over it one more time where we are with this and where we're gOing. Have we established what we're going to do as far as making a partial payment and bringing this back, if that's going to work for this company, or is this going to leave them to the point where they're going to have to cease operations with or without the limited funds we send? That I need to know before we go forward with a vote. MS. FLAGG: Commissioner, they said that it's ball park 50,000 every 15 days for payroll. COMMISSIONER COLETTA: So what are we agreeing to to Page 101 May 24, 2005 give them? CHAIRMAN COYLE: Wait. Okay, I'm sorry. COMMISSIONER COLETTA: No. I'm just trying to interpret the motion. What was the motion for as far as dollars and cents go; was it to cover that, Commissioner Henning? COMMISSIONER HENNING: That was the intent of it. COMMISSIONER COLETTA: That's what I thought. COMMISSIONER HENNING: But $50,000, is that above and beyond what we're asking on this item? MS. FLAGG: No. It's a total of 300,000 is what they're asking for assistance in. COMMISSIONER HENNING: Well, I guess I feel comfortable in having the dollar amount of $50,000 until we can get more information on this to make a permanent decision on this contract. CHAIRMAN COYLE: Okay. Commissioner Henning has clarified his motion to provide a dollar limit of $50,000. COMMISSIONER COLETTA: For each two weeks or for the total -- CHAIRMAN COYLE: For the total time between now and the next time we meet, right? COMMISSIONER COLETTA: Two weeks from now. Or no, it will be longer than two weeks. MR. MUDD: Twenty-one days. CHAIRMAN COYLE: Twenty-one days. COMMISSIONER COLETTA: You're going to go through two cycles. In other words, 50,000 will get them through two weeks. Am I correct, or am I reading this wrong? MS. FLAGG: He said every 15 days, so they must pay twice a month. COMMISSIONER COLETTA: Okay. Then, Commissioner Henning, would you consider redoing your motion to prorate it for the 21 days? Page 102 -_._~.. ." '. ,.-,..._-_.",~_.- May 24, 2005 COMMISSIONER HENNING: Yeah, I think that's fair. COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: The third -- MR. MUDD: It's around 75,000. CHAIRMAN COYLE: $75,000. COMMISSIONER COLETTA: And I'll second that. CHAIRMAN COYLE: Okay. Commissioner Henning has clarified his motion to provide a monetary limit of $75,000, Commissioner Coletta has seconded the motion. Any 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. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. So it passes 3-2, with Commissioner Coy Ie and Commissioner Halas dissenting. So we'll see it back -- coming back. And just -- MR. MUDD: Fourteenth of June, and staffs going to come see each commissioner to explain the program to them, we'll keep it on the regular agenda, and we have $75,000 to help defer the cost until that particular meeting. CHAIRMAN COYLE: And we need total budgets and total ridership -- MR. MUDD: Yes, sir. CHAIRMAN COYLE: -- and I need to understand how monies flow between these two organizations, what fees are paid, what fees are not paid. MR. MUDD: Yes, sir. Page 103 May 24, 2005 CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I'm interested in why the insurance rate went up so high. I can understand insurance going up, but that's quite a magnitude. CHAIRMAN COYLE: FEMA. COMMISSIONER HALAS: FEMA? CHAIRMAN COYLE: FEMA. MR. MUDD: Commissioner, I would suggest that we take the hour lunch break. CHAIRMAN COYLE: Or state legislature. It's either FEMA's problem or it's state legislature's problem. We're-- COMMISSIONER HALAS: Here we go. CHAIRMAN COYLE: We're going to break for lunch. Thank you very much. We'll be back here at one o'clock. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. CHAIRMAN COYLE: Okay. We're back in session, County Manager Mudd, where do we go from here? Item #8A PUDZ-A-2004-AR-5998: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REPRESENTED BY VINCENT A. CAUTERO, AICP, OF COASTAL ENGINEERING CONSULTANTS, INC., REQUESTING A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) FOR A PROJECT PREVIOUSLY KNOWN AS THE BEMBRIDGE PUD, TO CHANGE THE NAME TO THEBEMBRIDGEEMERGENCY SERVICE COMPLEX PUD, AMEND THE PREVIOUSLY APPROVED PUD DOCUMENT AND MASTER PLAN TO SHOW A CHANGE IN USE FROM RESIDENTIAL DEVELOPMENT Page 104 "'--'~.....',....~ May 24, 2005 AND A CHURCH OR A NURSING HOME, TO ALLOW DEVELOPMENT OF COMMUNITY FACILITIES TO INCLUDE AN EMERGENCY MANAGEMENT OPERATIONS CENTER, OTHER GOVERNMENT FACILITIES, AND AN EXISTING ELEMENTARY SCHOOL. THE PROJECT CONSISTS OF 39.82+/- ACRES AND IS LOCATED ON SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - DENIED MR. MUDD: Commissioner, that brings us to a time certain of one o'clock, and this is item 8A. This item to be heard at one p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-A-2004-AR-5998, Collier County Board of County Commissioners, represented by Vince A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a loan from planned unit development to community facilities planned unit development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Services Complex PUD, amend the previously-approved PUD document and master plan to show a change in use from residential development and a church or a nursing home to allow development of community facilities to include an emergency management operations center, other government facilities, and an existing elementary school. The project consists of 39.82 plus or minus acres, and it's located on Santa Barbara Boulevard north of Davis Boulevard in Section 4, Township 50 south, Range 26 east, Collier County, Florida, and Ms. Len Price, from admin. services division will present after everybody gets sworn in. CHAIRMAN COYLE: Okay. Will everyone who is going to provide testimony in this hearing please stand to be sworn in. Page 105 ,,~___,~~..~..., ,_.__ ·"····N.···_··_,~ May 24, 2005 It's a bunch of people. I think I'm going to adjourn this meeting right now. COMMISSIONER HALAS: Midnight. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank you very much. Now for ex parte disclosure, please. Commissioner Halas? COMMISSIONER HALAS: Yes, I do. In fact, I've had meetings, correspondence and e-mails and also phone calls in regards to this particular item that's on the agenda before us today. UNIDENTIFIED SPEAKER: We can't hear you. COMMISSIONER HALAS: I'm sorry. Do you hear me now? UNIDENTIFIED SPEAKER: Yes. COMMISSIONER HALAS: Okay. I've had numerous meetings, correspondence, and e-mails and telephone calls in regards to this item that's before us today on the agenda, and I've met numerous times with staff. COMMISSIONER COLETTA: I can say the same here. I've had numerous e-mails, phone calls, letters, meetings, and have met with staff also. CHAIRMAN COYLE: I have had all sorts of communications from e-mails and letters, phone calls to personal meetings with people in the community and with members of staff, and all that information is in my public file, if you wish to take a look at it. Commissioner Fiala? COMMISSIONER FIALA: Yes. I, too, have had a lot of correspondence, and I requested some extra information and received it from our -- our EOC -- well, from Dan Summers. I also spoke with him on the telephone, and I've had people coming to my office as well. Everything is noted in this file. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I have correspondence in my Page 106 May 24, 2005 file that consists of phone calls, e-mails, letters, and including a meeting with some folks from Countryside, talking to our staff, receiving information from Dan Summers, talking to the media. Who else did I talk to? Some elected officials in Collier County, and -- CHAIRMAN COYLE: Not us though. COMMISSIONER FIALA: Not us though. COMMISSIONER HENNING: No, no. I'm talking about fire commissioners, and so on and so forth. But I have not talked to any of my colleagues on the Board of Commissioners about this issue. CHAIRMAN COYLE: Good, thank you. COMMISSIONER HALAS: Make that clear. CHAIRMAN COYLE: Okay. Len, it's all yours. MS. PRICE: For the record, Len Price, administrative services administrator. We're here today representing the county in requesting a rezone from PUD -- from PUD to community facilities PUD. Let me give you, to start with, an overview of the project that we're talking about today. This piece right here, if you can follow the arrow, this is the complex that we're looking at, behind it is the existing school, this piece here will be stormwater retention, and right here you have an already-approved commercial piece. This item has come before you on a number of occasions previously, starting back in September when we purchased the land for an EMS substation and other future emergency services facilities. Again, in February of 200 1, we approved the negotiations for the design of the building. We came back another time in March of 2003 to approve the short list for the A&E, in March of 2004 to approve the contract for CM at Risk, and then in February of2005, we brought this item to the planning commission. COMMISSIONER FIALA: What's an A&E? MR. MUDD: Architect and engineering firm. MS. PRICE: Apologies. The planning commission recommended denial of the project and cited six particular reasons. Page 107 ..,... --~~.. May 24, 2005 They had questions about the land search and site selection, they were concerned about some of the issues brought up by the neighbors, they asked us about line of site drawings that hadn't been brought with us and the elevation drawings, they were concerned about the deviations that we requested, and concerned about access for the neighboring church. Since that time, we have spent a good deal of time redesigning some of these items so that we have been able to address all of these items. The access for the church has been withdrawn by the church after further discussions as to how that might work. I'd like to talk to you about the site selection. This site was selected back in 2000. There are only a few of us remaining today who were part of that site selection process. But at the time what they were looking for was a strategic location that would be close enough to this government center, close enough to the local municipalities, Marco Island, Naples, near major arterials, although not quite right on 1-75, and I'll explain that to you in just a minute. We wanted to be outside of the coastal high hazard area, we wanted to be within the East Naples substation so that they could join us in this proj ect, and we were also looking for land that was either already in our inventory or available to us at a reasonable cost. I'd like to call your attention to the visualizer right now so that I can graphically depict how we came up with this. Let me use a pen so I can point to this, just so you can see what we've got here. MR. MUDD: Here, see that. You've got the hand-held mike and you've got the little mouse. MS. PRICE: I've got the little mouse. Right here you've got the government center. Our goal was to find a site within a five-mile radius of that. This is your outer circle right here. In order for the radio tower to work with the existing radio towers, we need to be within a four-mile radius. That could be Page 108 ,--....-.".,-,.~.~ '...--- May 24, 2005 extended to five miles, except as part of the redesign, we've lowered the tower by 25 feet. Additionally, we needed to stay out of an area right over here , that's close to the airport. We wanted to be in the category three or four storm surge, which is your purple area here. This is 1-75, and we also needed to be within a one-mile buffer of 1-75 in the event that there would be a hazardous material spill. That leaves us this portion right here to make the best site selection for this facility, and right here at that blue dot is the site that we've actually selected. There were some additional benefits that came along with this particular site, that was the fact that we've got voice and data redundancy because of the fiber links that are being put in there already. I mentioned the radio communication towers are close. We can bounce off of radio towers on this building as well as one on County Barn Road. The proximity to the school was very important to us. It provides us with some shared resources, and the school, by statute, is mandated to encourage those types of partnerships. It also allowed us to share the facility with the sheriffs department and the 911 center, which provides us the opportunity to share information and to be able to have a very close synergy when we're working on emergency situations. We can also have this synergy during non-emergency situations as well so that we build good partnerships with all the people who are involved with these types of emergencies. Based on the comments from the planning commission, we revisited all of the sites that we had available to us, and here's a list of just a few of those that we've looked at. The Lely site is planned right now for our regional library , the south regional library . Each of these sites had reasons why they didn't quite fit for us. They were not the best fit. The properties at the bottom, the one in red, Heritage Bay is up Page 109 May 24, 2005 on 951 and Immokalee Road. That is land that was promised to us as part of a PUD up there but doesn't actually belong to us as of yet. The bottom two properties are not ours. Would have to purchase those properties. The last one was a suggestion made to us by the residents of Countryside that we explored, however, the property owner is not interested in selling that property, only leasing it and only for retail at a size of about 10,000 square foot per occupant. We wanted to remind the board that we have made public notice about this facility on a number of occasions. I won't list these for you. You've seen them on several occasions, as well as several news articles that came out. So this has not been a surprise to anybody that this was coming. Additionally we solicited public input. We had our required public meeting on August the 10th. At that time there were -- a few members of the Countryside residents were there. They had a few questions, which we addressed. Up until the day of the planning commission, we had not been given any negative comments from the residents, and so we, since then, met with the association president and, again, with the full membership at their annual meeting. The neighborhood concerns were basically these; they were concerned about noise, safety, and traffic, they were concerned about the planned uses, the compatibility of the building in that area, the building, and the tower height. So we wanted to go through those to explain how we've addressed those. With regard to noise, safety, and traffic, we want everyone to understand that this is not a facility that is going to have big trucks coming through it during emergencies or non-emergency times. The generators that are out there are fully muffled and insulated, using hospital grade levels, which keeps them well within the noise ordinance that we have. Page 110 --,~"--", ',-.- May 24, 2005 There is not going to be any planned uses for bull horns or outdoor P A systems. This was never part of the programming. We also checked with the school district, and they told us that there are no students that walk from the south of that building, so we're not expecting students to be walking across there. Additionally, our traffic forecast, based on that building's use, would only increase traffic by about one and a half percent. The planned uses for this building: This is an office building. It will have the 911 call center, an East Naples sheriffs substation, emergency management administrative staff, EMS administration, and some classroom training space. We're also going to use it as a backup for our information technology, our servers, a public information studio, and the emergency operations center. What we won't have there and what was never part of the programming is helicopter operations. We never planned to have a repelling tower. There were concerns about fire response. Fire districts handle the fire responses. That does not happen from this building. The sheriffs deputies are dispatched from the road, not from the substation. We have no plans to use that facility during emergencies as a staging area for, for instance, FPL trucks, debris removal equipment, et cetera, nor will we be handling distribution of supplies, ice and those measures, after a disaster. Here's a picture to just demonstrate how the 911 center operates. It's a very quiet, behind-the-scenes type operation. Our emergency center, even during activations, is a quiet, while albeit chaotic area, but we're not talking about, you know, additional noise that's going to interfere with any of the residents or the surrounding area. In terms of compatibility, what you've got near there is a school, a storage facility, an approved retail center, a convenience store, and we're on or near major roadways. This office building would be a good transition between those uses and the multi-family that is to the Page 111 "-............."....._>.~_.~'-,-"_.,..- May 24, 2005 north of it. Once again, I wanted to call your attention to the aerial view. You can see by looking at this, the school is about three times the size of this building, and the retail is probably about four times the size of the building. In terms of aesthetics, we will have landscaping in excess of that which is required to keep the building from, you know, visual, from the front. We're using paint and facade design to make sure it's an attractive building, not a big square box. We've added a few windows to try and break up the monotony, and we wanted to remind everybody that the tower height is measured from the ground and not from the top of the building. That would be 175 feet from the ground, and I think that was a misconception at one point in time, so we wanted to make sure that that was clear. The building itself, we have reduced the zoned height from the original approximately 100 feet that we were asking, down to 72 feet. We were able to do that by incorporating some of the mechanics inside the building so we could still retain the functionality but be able to reduce the height from the outside. We were also, after we did some radio tower calculations, we were able to reduce the height of the tower from the original 200 down to 175 feet. Here's a picture of what that looks like. As you can see right here, this piece right here comes to 72 feet. We have taken out our plans for an expansion to a fifth story . We're going to be able to use this building as it's designed. The pictures that you see right here, the landscaping is not a good representation. This is just a concept drawing for you. Here's our line-of-sight drawing. You can see from right here, most of the view is going to be of the treetops, between the treetops at Countryside and what we've got right here. I'd like to call your attention to these two points right here, because I've got photographs to follow of how this might look once Page 112 May 24, 2005 the building is built. I'd also like to call your attention to the two condo buildings right here that do not directly face our building. So from their backyards, they're going to be looking this way or looking this way. The first picture I have for you is from straight across from the ground level down here. The second one is from this piece back here. From directly across the lake, this would be the view of our building, and from just a little bit further north, this is all that you're going to be able to see. Planning commission was concerned about the deviations that we had requested. Most of them were in an effort for us to maximize the use of this building. We were able to take, from the eight that we originally requested, bring that down to three. We're going to be asking for a rear landscape buffer deviation from the required 10 feet to three feet. This is on the back portion of the building, and we have -- as a matter of fact, I'd like to introduce a letter from the school district where they have expressed no opposition to that deviation. They've also provided, once again, support for this project and for working with us. We're requesting a deviation from the glazing requirements from 30 percent down to 10 percent. That is -- windows. The number of windows, ma'am. We've done that so that we can ensure that the building is safe during the highest level of storms. This is a functional requirement of the building. And the final deviation is to allow the school to put up an additional sign. This is very common in most of the schools to be able to put up a marque sign that might be funded by one of the local organizations. There was no opposition to that particular deviation request at the planning commission meeting. There's been some discussion about the potential for a regional emergency operations center. And while we certainly agree that Page 113 May 24, 2005 where regional operations are a wise choice during a lot of different types of activities, during a local emergency, it's very important that we be able to handle it with local resources and that we are the primary occupant during those times. These -- this would allow us to provide continuity of government in the event that we're hit by something major. We could issue permits from this site and be able to keep the government going during the initial emergency, you know, post-disaster event. This is also a hardened structure, so we are convinced that it is going to stand. We've had some of our neighbors lose their emergency operations center during this last hurricane season. This is not something that we want to happen to us. COMMISSIONER FIALA: So hardened doesn't mean that we're going to build a soft building. Tell me what hardened actually means. MS. PRICE: Hardened means that it can withstand the storm surge and the winds. COMMISSIONER FIALA: What makes it hardened? MS. PRICE: I'm going to defer to our design team to answer those questions for you. MR. SCHARF: My name is Marvin Scharf. I'm with Scharf and Associates. We're associate architects with Harvard jelly (sic) for this project. A hardened facility is one -- for instance, this building. It has a full concrete structure. It is not built out of steel. It is concrete. The exterior walls of the building are concrete, and they are approximately seven and a half or eight inches thick to withstand any debris that may come at it from the winds during a hurricane. And that's really what the hardened building is structurally. There are other devices and other elements within the building, such as redundancy in terms of mechanical systems, electrical. That's the reason for the emergency generator, to enable the building to withstand and stand alone, if necessary, during an event. Page 114 May 24, 2005 COMMISSIONER FIALA: I ask these questions because these are questions that you know in your industry and maybe some of us don't know, so I like -- like glazing, for instance, instead of windows. You know, I just like to be said out in the open so everybody understands what we're talking about. Thank you. CHAIRMAN COYLE: Commissioners, did you want to have your questions answered now or do you want to wait till the end of the presentation? COMMISSIONER HENNING: I'll wait till the end. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I just have one question, and that's in regards to the variance from 10- feet (sic) buffer to a three-feet (sic) buffer. Does this -- is the reason being that this doesn't back up to any residence, it backs up to stormwater containment pond? MS. PRICE: That's right. Ifwe were to -- in order for us to put the 10 feet in, we're going to have to give up additional parking space that we really need. COMMISSIONER HALAS: Okay. Does this -- MS. PRICE: And it backs up, exactly as you said, to the pond. COMMISSIONER HALAS: Okay. Is it going to have any effect as regards to the property -- the adj oining property after the -- once you clear the stormwater containment area, the next area is the school. Is there going to be any problem there? MS. PRICE: No, sir. COMMISSIONER HALAS: Okay. MS. PRICE: Here's a picture of what we've -- you know, what we're talking about. That piece right there in the back, that's the -- MR. MUDD: Commissioner, the landscaping, that three foot, is right along here in the back of the building. The school is over on this side of that piece. COMMISSIONER HALAS: Okay, good. MR. MUDD: And as Ms. Price, mentioned we did receive a Page 115 May 24, 2005 letter from the school district, and it showed up on the 21 st of May, that basically said they're fine with that three-foot buffer. CHAIRMAN COYLE: Okay. Please continue, Len. MS. PRICE: It's important to us that we do not collocate the EOC with the government center providing us with two separate places where we can have government operations. Additionally, we want you to know that this building is within a storm zone, the storm surge zone; during Donna, that this area was completely covered in water, the Glades behind us was covered almost to the roof, and this building was built before the new codes that came out in the early '90s. So we definitely want an alternative site that's built to the newer codes. We also want to remind you that, you know, when it comes to regionalization, that the emergency operations center handles far more than just hurricanes. They handle HazMat situations, local brush fires, major vehicle accidents, and even power outages that might come up, so it's not just about hurricanes. Some additional benefits to this -- to having a building such as this is the coordinated response that we get. We have an opportunity for all of our people to come in. This building will provide a place for FP &L, Sprint, all the workers that we need so that we can have all the information at one place. The public can get the information they need through the media as well as through our Collier call center. And an additional benefit to the neighbors who might be close by is going to be that they've got the law enforcement substation right across the street from them, they've also got close access post-storm to getting permits to having their homes repaired and access to pre-hurricane or pre-storm information as well. Additional considerations. I talked to you about the pre-Andrew code, and just to keep in mind, Charlotte and Escambia both lost their emergency operations center, and we feel it is crucial that we would Page 116 May 24, 2005 build a building that will take care of everything that we need, as well as being strong enough to withstand that type of storm should it hit us. What happens next? After -- after you make your decision, based on what you tell us, there's going to be either some small amount of redesign or a major complete redesign. After that we would have to get the permits and build the building. If the redesign is minor in nature, we're hoping to have a building open in about two and a half years. If it is significant, we're probably looking at somewhere between four and five years before the building might be opened. And my recommendation to you would be that you approve our request for a rezone. I offer ourselves up to any questions that you might have. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: How can you get permits in two to three months when I know, the private sector, it takes years and years and years to get things done? Is it somebody that you know that can speed up the process? MS. PRICE: No, sir. It's more a matter of knowing the process. COMMISSIONER HENNING: Oh, I see. Maybe you can educate me on that. MS. PRICE: We can talk about that off-line, sir. COMMISSIONER HENNING: Thank you. Tell me about the uses. You've got three different uses within this facility. And tell me the square foot allocation of these uses. MS. PRICE: Okay. While someone comes up with the square foot allocation, let me just remind you it's going to be a 911, call center, the emergency operations center, and emergency management administration and emergency medical services administration and training. COMMISSIONER HENNING: Is there a sheriffs substation within this? Page 117 " ......~_._~._.~~--"_..-._" ~.'''''''~----- May 24, 2005 MS. PRICE: I'm sorry, yes, and a sheriffs substation. It's-- really there's four main -- COMMISSIONER HENNING: Okay. MS. PRICE: -- functions within the building, as well as a small area for public information center, the backup for the IT servers, the call center, and some other-- COMMISSIONER HENNING: What I understand is this site would be the East Naples sheriffs substation. MS. PRICE: That's correct. COMMISSIONER HENNING: Is there any proposed sheriffs substation in the future in East Naples proposed? MS. PRICE: No. The current station would be closed and moved to this one. COMMISSIONER HENNING: And the current station is on east 41? MS. PRICE: Correction. The station that we currently have would not be closed. This would be a second station within East Naples. COMMISSIONER HENNING: Oh, okay. I see. I still would like to know the square foot allocations. MR. SCHARF: I'm sorry, sir. I wasn't prepared for specific square footages per department, but -- COMMISSIONER HENNING: You know, generality will work, too. MR. SCHARF: We have approximately a 4,000 square foot substation, approximately 5,000 square foot EMS facility. That's EMS offices. I think it's around 7,000 square feet of storage facility for EMS supplies. The 911 call center and the emergency operations center are probably both equal at about 7,000 -- and please forgive me if I don't have these quite right, but about 7,000 square feet each. And then there are a bunch of ancillary operations within the facility, Page 118 May 24, 2005 mechanical equipment, electrical equipment, telephone equipment, computers. COMMISSIONER HENNING: Okay. Len, then I need to ask, on the EMS, 7,000 square feet for storage -- MS. PRICE: Want to know what we're going to be putting in there? COMMISSIONER HENNING: Sure. MS. PRICE: EMS supplies, you know, medical supplies, stretchers. Help me out here, folks. COMMISSIONER HENNING: Okay. Those type of -- just daily medical -- MS. PRICE: Daily operating supplies, those sorts of things. COMMISSIONER HENNING: And where do you do that presently? MR. MUDD: Commissioner, you do that in Building H -- COMMISSIONER HENNING: Okay. MR. MUDD: -- and you do that up on the third floor. They pretty much have close to a wing that they've dedicated to that supply side of the house, so the ambulances would come in there on the -- when I've seen them, they've been in there on the weekends, sometimes in the morning they'll come in. They bring all the supplies down from the third floor, and they basically put them into their EMS ambulances, okay, so that they can be ready -- ready for duty. COMMISSIONER HENNING: All right. Mr. Page probably can elaborate on it more. This is going to be, Mr. Page, where you're going to be housed and your administration staff of EMS? MR. PAGE: Yes, sir. Commissioners, for the record, Jeff Page with Emergency Medical Services. Currently right now our supply has not grown over the last several years. We provide supplies not only for EMS, but the fire districts as well, and we're currently having to move some of the supply storage to outlying stations into the supervisor areas, along Page 119 ",_____._v.,_,_,·· ','_ '·.,.'~·....m"__'_"H~,_.__ May 24, 2005 with some other rental facilities that we have, so we're in need of larger -- larger areas for that. COMMISSIONER HENNING: Okay. Thanks. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Hopefully whosever on the engineering project can probably assist me in this. Regards to elevation, what's the present elevation that we have at our emergency management center right today? MS. PRICE: This building? COMMISSIONER HALAS: Yeah, the elevation level? MS. PRICE: This building is 102 feet. COMMISSIONER HALAS: No, no, no. Sea level elevation? MS. PRICE: Oh. It's 12 to 13 feet. COMMISSIONER HALAS: Okay. And the proposed site is -- what's the elevation level there? MS. PRICE: Eighteen. COMMISSIONER HALAS: Eighteen, okay. So for six feet, we gain quite a bit then or what? MS. PRICE: Not just six feet high, you're also further inland. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Questions, too, about the building itself. Will this building -- it's going to be built to withstand a category four or five? MS. PRICE: Yes, sir. COMMISSIONER COLETTA: And that means that -- a category five's what, 140? MS. PRICE: Hundred and forty-five. COMMISSIONER COLETTA: Hundred and forty-five mile an hour winds. And this building definitely is going to be built to withstand that? MS. PRICE: Yes, sir. Page 120 May 24, 2005 COMMISSIONER COLETTA: And if we have a -- the worst possible scenario with a category five coming in and catching the bad side of it, the -- what is it, the north side? MS. PRICE: The northeast corner, I believe. COMMISSIONER COLETTA: Yeah, of the storm. The surge that would result from that, would we be at an elevation sufficient to be able to have this building protected from the surge? MS. PRICE: Yes, sir. The building itself, the area that it's in, is far enough out to withstand up to category three. By bringing the elevation up further, we'll be able to handle category four or five storm surge. COMMISSIONER COLETTA: Okay. Now, the other question is, is the people that come there to work at the command center, work at the sheriffs office and they park their cars, will the parking lot be of an elevation sufficient to be able to offer protection for the vehicles that are there, or emergency vehicles? MR. SUMMERS: The parking lot is not, and for the -- simply for the cost efficiencies associated with that, that was a value engineering concern. What we are prepared to do in the emergency plan, however, is to have the emergency workers park their vehicles at another location that would be safe, and bus our personnel in as we need to. And I'd like to emphasize the point -- only during the hurricane event. But I'd also emphasize the point that we also have an elevation -- all the critical facilities are elevated above that, are 12 feet or so raised, so that's hence the additional value that we were able to place in this design by category four or five threshold. COMMISSIONER COLETTA: The other question I've got, in the event of a major storm, of course we're going to basically be shut down, and there's going to have to be an effort put forward to open up the highways. Is this particular location that you're contemplating for this building, is that at a location that would be easy to open up first? Page 121 -".~"-'''-,----~. May 24, 2005 Because I imagine the first thing you would want to open is the main thoroughfare to the command center. MR. SUMMERS: One of the -- good point, sir. One of the points that you need to be aware of, that in our debris removal planning, we actually start from the hospitals outward to the major inter -- to the major interchanges. One of the things that this facility provides, again, being away somewhat from the coastal urban area, is simply less vegetative debris to deal with in terms of road clearing. So our analysis is that we actually are ahead of the game by this facility not being impacted by debris removal, and we would put our resources, again, hospitals out to major roadways, again, knowing we have more vegetation closer to the coast. COMMISSIONER COLETTA: Mr. Summers, you've been involved with this particular project since day one? MR. SUMMERS: No, sir, I have not. This process was well underway before I joined Collier County. COMMISSIONER COLETTA: And what are -- could you, for our benefit -- it's been a little while since I asked you this question. What is your credentials as far as an emergency management director? MR. SUMMERS: Sir, I hold a BS degree in disaster management from Thomas Edison University, I'm a certified emergency manager by the International Association of Emergency Management, I hold FEMA's highest training standard as a graduate of the professional development series for emergency management, I'm part of FEMA's curriculum design for emergency operations on a national basis, and I've testified to Congress on emergency operations on behalf of FEMA. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a few simple ones, I believe. I'll reserve the others for later on. One of them is, how tall is Page 122 May 24, 2005 the building over the 72 feet? You showed the 72 feet on the top of that wall there, but it looked like there was still other stuff going up there. MR. HOVELL: For the record, Ron Hovell with facilities management department. I was trying to pull up the slide again. I believe the height to the peak of the building, of the equipment section of the building, is -- I believe it's ninety -- I can't quite read it -- looks like 89. Right around 90 feet, I believe, was the answer. COMMISSIONER FIALA: Okay. Len, you had said that they won't be repelling on a tower, but will they be repelling on the building? MS. PRICE: No. CHAIRMAN COYLE: Only if it floods. COMMISSIONER FIALA: It said someplace in -- I read all the CCPC, and they were talking about repelling up and down buildings and so forth. MS. PRICE: Right. COMMISSIONER FIALA: And then they said -- you know, it's hard to tell because all I had was the CCPC, and it didn't go back to them, so I don't know what's been changed since or anything. So you say that they will not ever be repelling up and down the outside of any of the buildings, right? MR. MUDD: Commissioner, it's not a training facility. COMMISSIONER FIALA: Well, but it said that in here, so -- MR. MUDD: Commissioner, this isn't a training facility either, but the fire department asks us every once in a while to repel off the buildings so that they can be -- they can stay proficient when they have to fight a fire someplace. They also use our stairwells to practice on the weekends so they can get up to a high-rise in order to fight it from a stairwell side of the house. They don't use it on a regular basis, but I think they come and play in our stairwell about once a quarter, and I think they repel outside of our building -- Page 123 "-"--"f",..^--~.._--~,.+ _"^·..___.........",.._._·...·~'ú'.~."__._____.".. May 24, 2005 COMMISSIONER FIALA: They do. MR. MUDD: -- twice a year. COMMISSIONER FIALA: I'm just asking. MR. MUDD: Yes, ma'am. So what I'm going to say to you is, if you say -- if you say never, are they going to do it, is it another board that comes in being 10 years from now who looks at the fire guys and says, hey, you need to do your once-a-year qualification, can you use the building, and they say yes, are we breaking a promise then to the community? It's not a regular training facility. COMMISSIONER FIALA: That's why I asked the question, because what Len said was, they will not be repelling down the tower. She did not say the building, and I wanted to put this on the record so that we know what they're doing and what they're not doing. MS. PRICE: Absolutely. COMMISSIONER FIALA: That was just a little sleight of words there, and I just wanted to put that on the record. And the last thing I wanted to ask you, I read this about the tower, but I didn't read anything about the guy wires. Does it have guy wires? MS. PRICE: No, no. This is monolithic, single-pole construction. COMMISSIONER FIALA: So you're going to like dig it deep in the ground? MS. PRICE: Correct. COMMISSIONER FIALA: Okay. That's all the questions for now. CHAIRMAN COYLE: I'm going to save all my questions but one for after the public comment. But who told you that during Hurricane Donna the water was up to the roofs in the Glades? MS. PRICE: Mr. Mudd. CHAIRMAN COYLE: I didn't realize I was that tall. But I was wading in the water in Hurricane Donna when it hit here. Page 124 May 24, 2005 MS. PRICE: Apologize if I misunderstood what he said. CHAIRMAN COYLE: Thank you very much. I hope that didn't have any bearing on the engineering of the building. MS. PRICE: Building was well engineered before I came on that information. CHAIRMAN COYLE: All right. Thank you very much. If the commissioners have no further questions, I'd like to get public comment, I think we have six speakers. MS. FILSON: Actually, that has grown, sir. We now have 23. COMMISSIONER HENNING: I would like to have staffs report. MS. FILSON: Twenty-four. COMMISSIONER HENNING: Well, our planning staffs report. CHAIRMAN COYLE: Okay. You want to hear planning staffs report first? I thought we were getting staffs report since staff was talking, but I guess not. MS. PRICE: Today I'm the petitioner. CHAIRMAN COYLE: Okay. Then we'll discriminate against you. COMMISSIONER HALAS: You're going to become another Rich Yovanovich, huh? CHAIRMAN COYLE: Yeah, that's right. MS. PRICE: That's my goal. MS. DESELEM: Good afternoon. For the record, my name is Kay Deselem, and I am a principal planner with zoning and land development review division. And just so you clarify, I'm the staff person that reviewed the petition. They are the petitioner. So it -- we're all staff but in different capacities. And you have the executive summary. You also have the staff report, all the backup. I tried to provide you as much information as I could so you could see where staff was coming from. I won't belabor Page 125 May 24, 2005 the issue, other than to just say that staff is recommending approval of the petition. We have recommended that it be found consistent with the growth management plan. Both the future land use element and map, as well as those policies dealing with compatibility. Staffs belief is that this particular use at this site would be compatible. We're, therefore, recommending that you approve it. And if you have any other questions, I'd be happy to answer them. CHAIRMAN COYLE: Any questions, Commissioners? Commissioner Henning? MR. MUDD: Can you just state what the planning -- the planning commission -- MS. DESELEM: Oh, I'm sorry, yes. The planning commission did recommend denial of the petition. It was an 8-1 vote. And in the executive summary, I tried to summarize what their concerns were, and you also saw it in the slide presentation as well. And the staff report does go into detail about how the applicant attempted to ameliorate those concerns raised by the planning commission. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: This is an existing PUD, correct? MS. DESELEM: Yes, it is an existing PUD. COMMISSIONER HENNING: Is it a commercial PUD or residential PUD? MS. DESELEM: At the time this one was actually designed and approved, we didn't have that designation like we do now. But by and large, it was designed to be residential. They were residential uses, and by conditional use, they could also have a church or an adult congregate living nursing home facility. COMMISSIONER HENNING: This PUD was approved -- actually it's ordinance 89-86, so I'm assuming it was approved by the Board of Commissioners in 1989. Page 126 May 24, 2005 Has -- to your knowledge, has it ever been sunsetted, the PUD? MS. DESELEM: No, sir. COMMISSIONER HENNING: What's the provisions for sunsetting of PUDs? MS. DESELEM: I don't know exactly, and I can't quote it verbatim at this point, but usually you have to have some significant development within five years of the date of approval. COMMISSIONER HENNING: Okay. On this PUD, there is an EMS station, emergency medical facility. That -- that's not a part of the request today for a continual use; is that correct? MS. DESELEM: No. It's listed as a permitted use in the proposed PUD. COMMISSIONER HENNING: And how did you come to determine that it is a permitted use under the existing PUD? MS. DESELEM: I actually did not make that determination. As you may be aware, there was a conditional use petition submitted at one time for that conditional use to allow an emergency center there, and it was determined by county staff that it was not required to have a conditional use. It was permitted by the PUD as an essential services facility. COMMISSIONER HENNING: What staff member -- what department made that determination it was a conditional use under the -- or permitted use under the existing PUD? MS. DESELEM: My understanding, there were at least three persons involved in the meeting, Margie Student-Stirling, Ray Bellows, and Robin Meyer, and Margie is, of course, with the county attorney's office, the other two are in the same department that I am. COMMISSIONER HENNING: So if an emergency medical service facility is determined to be a permitted use, why is not a sheriffs substation, an emergency management facility and the like considered a permitted use? MS. DESELEM: Those uses were determined to change the Page 127 May 24, 2005 actual scope of that PUD. Changing it from the residential use that was originally approved and would, thus, require an amendment to the PUD; whereas, the emergency medical center was viewed as more of an ancillary use that could help serve the existing school. COMMISSIONER HENNING: Okay. So I have the PUD in front of me, and I think you determine under -- and somebody needs to answer this question because the public brought it up to my attention, and I think your staff needs to answer that, and I'm not getting answers. The purpose -- development standards -- and I think this is B -- for accessory uses, permitted accessory uses in structures, and it does say essential services. I understand that EMS is essential service, but I think EOC is essential services, too, and I think sheriffs substation is essential services. So how did we determine that EMS is an essential service to the main use, either under this PUD or the existing use? MS. DESELEM: Since I wasn't personally involved in that particular decision, Ray Bellows was -- and I'd rather that he respond since I really -- COMMISSIONER HENNING: I do have other questions on your report. MS. DESELEM: Oh, yeah. I'll be right here. MR. BELLOWS: Good afternoon, Commissioner. For the record, Ray Bellows, zoning manager. I believe the question is how we came about permitting the EMS facility. When I was involved with the project, I required them to submit a conditional use under the essential service requirements of the land development code. And during the middle of that review process, the applicant, Mr. Vince Cautero, presented some information based on the PUD language and called a meeting with the planner assigned at that time, Robin Meyer, and the county attorney's office to discuss the Page 128 May 24, 2005 possibility that this could be deemed a permitted use as an accessory to the permitted principal uses. Through the discussion -- and I'm trying to recall all the facts that were presented at the time, and I would need some more research to get all the information. But it was determined that the EMS facility could be deemed, under the provisions of the PUD document, accessory to the permitted uses. COMMISSIONER HENNING: Okay. What is the permitted uses that you're citing that this EMS station is an accessory use to? MR. BELLOWS: The existing school. COMMISSIONER HENNING: Okay. So the existing school -- the EMS station is the -- is the accessory use to this school? MR. BELLOWS: (Nods head.) COMMISSIONER HENNING: Okay. And the EMS station, is it going to be operated at the same time that -- or it's going to close the doors down when school is out in the summertime? MR. BELLOWS: No. I don't have all the information of how the EMS operates. There is a site development plan, but my understanding is that would be open all the time, and the school site is open also during non-school hours also. COMMISSIONER HENNING: What's the purpose of the school? It's an elementary school, correct? MR. BELLOWS: Yes. COMMISSIONER HENNING: Okay. Is -- the school, I'm assuming, closes down at 2:30 like any other elementary school? MR. BELLOWS: Well, there's a difference between the school hours, and the school still is in operation for other school activities and events. COMMISSIONER HENNING: Is it a 24-hour -- MR. BELLOWS: No, it's not. COMMISSIONER HENNING: -- seven-day-a-week use, the school? Page 129 May 24, 2005 MR. BELLOWS: Not typically, no. COMMISSIONER HENNING: But the accessory use is? MR. BELLOWS: Yes. COMMISSIONER HENNING: And that's deemed an accessory use to the principal use? MR. BELLOWS: Again, I don't have all the facts with me at this late hour. But at the time the decision was made, and it is a permitted -- at that time, but we could -- another purpose of this amendment to the PUD is to make that a permitted use, along with the EOC. COMMISSIONER HENNING: Is the EOC a seven -- 24/7 operation? MR. BELLOWS: Could you repeat the question, please? COMMISSIONER HENNING: The emergency management facility proposed conditional use, is that a seven day-a-week, 24-hour-a-day operation? MR. BELLOWS: The EOC? COMMISSIONER HENNING: Yes. MR. BELLOWS: It's not a conditional use. It's an amendment to the PUD document. COMMISSIONER HENNING: But I think it is -- it has the potential of being -- MS. PRICE: The EOC 911 is a 24 by 7, as is the substation. COMMISSIONER HENNING: Correct. Okay. So I won't get my answers today on the details of the accessory use? MR. BELLOWS: I didn't have time to pull all the files. Some of them are in storage. COMMISSIONER HENNING: Okay. I do have a question about the communication tower. Thank you, Mr. Bellows. The review -- MS. PRICE: I don't have the answer, but I'll get -- COMMISSIONER HENNING: No, the review of the Page 130 "">-'--~~~-"~-'-"" May 24, 2005 communication tower -- and I'm sure this is not the first one that you reviewed -- MS. DESELEM: That's correct, sir. COMMISSIONER HENNING: -- communication towers. The -- if I read the planning commissioner's meeting correctly, the original request was 700 feet. And you supported it because it came down to 200 feet. MS. DESELEM: I don't recall that it was ever 700 feet. Ire-- COMMISSIONER FIALA: It says that in there. MS. DESELEM: Okay. I stand corrected then, I'm sorry. COMMISSIONER HENNING: What is your understanding why you supported a 200- foot tower? MS. DESELEM: Because it seemed appropriate at the location given the way it was oriented to the building and to the land uses around it. The tower was shown to be located at the rear of the building, that is along the water management area. So we believed that it was located in the place that would make it the least obtrusive to anybody else -- pardon me -- anybody else. COMMISSIONER HENNING: So it's an aesthetic type thing, that's why you supported it behind the building? MS. DESELEM: Yes. COMMISSIONER HENNING: It's more of an aesthetic thing? MS. DESELEM: Yes. Plus, as we discussed and what came about in another petition for the Golden Gate Fire Station, that particular use, a communication tower is allowed as part of an essential service facility. COMMISSIONER HENNING: Oh, well, I'm glad you brought that up, because I have that here, and that's what I'm using a comparable on, since you were the planner of both these projects. MS. DESELEM: That's correct, sir. COMMISSIONER HENNING: And originally you wouldn't support it but changed your mind because it came down to 135 foot. Page 131 "-<._"._,---~..._,.,..,._.,.,,"", "'.,...._.._.~- May 24, 2005 MS. DESELEM: I believe that was one thing that was done, but we also did -- in one of the supplemental staff reports to that particular petition, we noticed that it was in error, and that that particular use of a communication tower was a permitted use as part of an essential service facility, and we limited it, with the cooperation of the applicant, who then stated that they wouldn't have any commercial use above that tower's height that was necessary for the essential service facility use. The original disagreement between staff and the applicant, if you will, was the fact that they wanted to have that to a higher height than what was necessary for the essential service use, and they were going to lease it out for commercial uses, which we didn't believe was appropriate in the location that it was. And once they limited the way it was and we determined it, in fact, was a permitted use in that association, staff did support that tower. COMMISSIONER HENNING: Okay. Have you requested from the petitioner in this case a radio frequency calculation to support their request? MS. DESELEM: No, we didn't, sir. COMMISSIONER HENNING: There was no request to do that, Mr. Summers? You can shake your head yes or no. MR. SUMMERS: Well, it needs clarification. COMMISSIONER HENNING: Okay. MR. SUMMERS: I want to make sure that we're talking about the two-way radio tower, not any tower associated with a fire training COMMISSIONER HENNING: The 200 foot. MR. SUMMERS: Right. The original discussion in the plan was that this tower in a higher tower site could become a county primary site, in other words, a heavily beefed up antenna and tower structure Page 132 May 24, 2005 that would maintain -- it would be the central point, the central hub, much like the central repeater location, for those of you who are familiar with amateur radio. We were able to bring the design down. And the RF coverage, what we call the radio frequency spectrum coverage, John Daly, county staff who manages the 800 megahertz radio system, has got the engineering data. And instead of this being a prime site, it is a link site. It does have backup redundancy to it, but it will not, because of the height, will not cover radio signal as far as a backup tower site, but it does allow us to use 911, use the 800 megahertz to link to our other towers. So our radio spectrum engineering is done within staff. And, again, part of that staffing benefit is the fact that we were able to make some reduction in height, not only for aesthetics, but to still meet the essential public safety communications that we need out of this building, not only for daily, but during disaster events. COMMISSIONER HENNING: Okay. I provided -- my concern, Commissioners, is we're not consistent in our reviews. I think it's very appropriate for emergency services to have more than ample enough equipment to support their facility. This -- I don't want to deviate too much, but it was stated under the Golden Gate petition that collocation of services is a good thing so we don't proliferate towers all over the county. But I provided the county manager with some information that I think can demonstrate that there's not the same consistency of review between applications. On page 5 of 16, if we could put that up on the visualizer. It's page 12 of 133. And you know what, I'm not even going to bring it up, because I do believe, again, that emergency management, sheriff department, fire stations, EMS, needs proper equipment. The only point that I'm making is consistency within community development Page 133 May 24, 2005 of review, and I'm going to leave it alone. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I was reading over the CCPC minutes, and I noticed in here -- and I just would like some clarification. Mr. Abernathy asked, do you anticipate having berthing here for the county commissioners, and then Dan Summers, we could do that. We could make provisions. And then Mr. Abernathy said, I mean, you're talking about leadership and whatever. And Mr. Summers said, we could make it. We could make that provision if it becomes necessary for our operations. We have just a small amount of flexibility to do that. And then Mr. Abernathy said, we probably would appreciate that rather than to go over to the school in the rain, and Dan Summers said, well, part of it is, what we're able to do under our state of emergency ordinance, and that is -- is that, that they do sort of shift out that leadership and policy guidance to the emergency operations center. So is that saying that they don't need us to be there? They shift that responsibility to -- well, that's what it says anyway, and so I wanted clarification on that. MR. SUMMERS: Commissioner, thank you. Dan Summers. Again, the comment here is, is it necessary for the elected officials to be physically housed in that location 24 hours a day under a state of emergency, and do we have bunk space availability. Part of the value engineering effort that was put into this building is, you have a building that's very well built and has an extensive cost per square foot. Every space in there is utilized to the fullest ability. And what we did not want to do is consume excessive square footage for bunking. We have minimal -- COMMISSIONER FIALA: What you said was, what we're able to do under our state of emergency ordinance is to sort of a shift out that -- of that leadership and policy guidance to the emergency operations center. That's what you said. Page 134 May 24, 2005 MR. SUMMERS: Yes, ma'am, yes, ma'am. COMMISSIONER FIALA: You were talking really about the bunking. MR. SUMMERS: Yes, ma'am. And to carry that one step forward, we want to have that situation where we declare the state of emergency. That's where you invoke the county manager additional powers and responsibilities which are -- part of those duties are forwarded to me to take action on to protect the community; however, that's just in a natural hazards event. If we had any other hazardous materials event or some other type of event where it was necessary for you to take shelter as elected officials there during that process, that scenario is an option that we're building into this on a very small scale. The -- part of the support mechanism that we're building here is that -- trying to building for the appropriate scenario. What is the appropriate risk versus benefit? And part of this is using the school as a shelter facility wherein those -- we can have radio contact with you from the EOC to the shelter, if you elect to stay there, and, again, getting you protected during times of an emergency, we can do that. COMMISSIONER FIALA: I'm not getting my answer. So in a state of emergency then, do they -- do they not need us really to be here any longer -- MR. MUDD: No, ma'am. COMMISSIONER FIALA: -- because it says it's going to shift that responsibility? MR. MUDD: Ma'am, if we answer the question. COMMISSIONER FIALA: Yes. MR. MUDD: You basic -- when we had the hurricane this last summer, we have a board meeting before an emergency's going to transpire, okay, we try to get all the board members together, okay, in order to have an initial meeting to try to get a declaration of emergency, okay, because that opens up state and federal coffers as far Page 135 May 24, 2005 as that's concerned. Then we try to hold meetings as long as we can until we get the particular storm or whatnot that comes forward. Now, we were lucky, we had four hurricanes, none of which caused us not to be around the next day or not to have a house or anything else, so we didn't have that problem. But while that storm is happening, you have an emergency operations center, you have an ordinance that delegates who's -- who's in charge if you can't get the senior commissioner or you can't get the second senior commissioner, if you can't get the county manager, you even go down to the clerk, okay, in order to try to figure out who that chain is going to be if we have an emergency, because we could -- we could become victims of that particular emergency. Thank God last time we weren't. But we have a structure whereby that can happen and there -- and the county is still recovering, is still under some leadership control to try to recover from that particular emergency until we can get a governing body of the Board of County Commissioners back in seSSIon. Or if we have -- if we have a problem where we can't get a quorum, the governor might have to designate some members to replace, and I'm talking about a very extreme case where one of the board members or a couple of the board members perish in a particular storm. And I'm -- the worst case I'm talking about. Knocking on wood. That should never happen. And so you have a procedure set down in an ordinance whereby the county is still -- has leadership, can still recover, people -- the taxpayers could look to a particular governing body or person, depending on the scale and the -- and the -- or the aggregate of the storm so that the county can still recover and still have some governance. CHAIRMAN COYLE: Okay. The short answer is, we don't Page 136 May 24, 2005 sleep in the EOC now and never have. COMMISSIONER FIALA: My concern wasn't -- we're all on vacation in August, and so if we don't need to be here, then, you know, I just want to know -- CHAIRMAN COYLE: I would suggest all the residents do the same thing. Commissioner Halas? COMMISSIONER HALAS: Yes. This is for Dan Summers. I hope that he can assist me in this. This is getting back to the tower height. I think originally the tower height was scheduled at 200 feet? MR. SUMMERS: That's correct, sir. COMMISSIONER HALAS: And your concerns were of radio frequency propagation; is that correct? MR. SUMMERS: That's correct. COMMISSIONER HALAS: Okay. With the height of the tower at present of 175 feet, what is your best guess -- or maybe you already know the facts -- how far out can we reach as far as propagation at the frequencies that are needed? MR. SUMMERS: Ifwe go in the non-repeat or the non-trucking mode, we should be able to get out to a mobile vehicle for five miles to a hand-held unit by four miles. That's using the 800 megahertz radio system. You know that we rely heavily on amateur radio for additional linkages for additional distance coverage with our radio signal. This is the bare minimum that we can do, and also understand that we have put a lot of effort in this reduction of height in order to build this particular unit to withstand the additional wind load under the worst-case scenario. COMMISSIONER HALAS: My other question is, if we have all repeater stations up and running after an event, do we have contact with Lee County and the surrounding counties? MR. SUMMERS: Not necessarily. That's why we have multiple Page 137 May 24, 2005 systems of communication. It may be 800 megahertz, it may be amateur radio, it may be VHF fire, it could be the private cellular carriers or typicallandline. Every one of the storm events, we saw communication systems, some failed, some did not. And every storm event puts a different scenario on those communication linkages, hence the need that we have multiple levels. COMMISSIONER HALAS: Do we have capability on this tower at 175 feet to reach other entities such as Lee County, Hendry County, with -- from our command center if we decide to build an EOC at that location? MR. SUMMERS: Only if the other towers remain intact can we get to the other organizations on public safety radio channels. We can hit those other agencies by amateur radio and by FEMA short wave. COMMISSIONER HALAS: And what about contact; do we also have the provisions on this tower to be in contact with Sprint and with FPL? MR. SUMMERS: Yes, we do. One of the provisions that we will have is radio capability with them, but more importantly, their organizational representatives in the emergency operations center with redundant communication linkages to their storm centers. COMMISSIONER HALAS: Okay. Before the storm we contact FEMA by landline, which is phone. During the storm, or just after the storm, will we have the capabilities of contacting FEMA with an antenna placed on this tower? MR. SUMMERS: No, it will not, but the antenna -- but we are planning on using a very small, less than a large pizza type antenna that will be on the building that will hit the satellite that will communicate with FEMA. COMMISSIONER HALAS: Okay. MR. SUMMERS: So that is not a tower-based linkage, but a satellite-based communication link. COMMISSIONER HALAS: Will this be out of the view of the Page 138 ,.."._---_..~--,.,~.- May 24, 2005 public? MR. SUMMERS: Yes, sir. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COYLE: Thank you. Does staff have anything more to tell us? MS. DESELEM: No, sir. I've given you our conclusion. CHAIRMAN COYLE: Thank you very much. We're going to go to public speakers. We'll take a break at 2:30. Now, for those of you who are going to speak -- there are 23 people, we're going to allot three minutes each. MS. FILSON: Twenty-five. CHAIRMAN COYLE: How many? MS. FILSON: Twenty-five now. It keeps growing. CHAIRMAN COYLE: There are not supposed to be any other registrations once we begin the topic of discussion. There will be no further registrations accepted. Now, everybody who is registered will have an opportunity to speak. But despite what you have heard over the past hour or so, we're really not as dumb as we look, and you only need to tell us one time that you don't like it and the reasons that you don't like it. We would appreciate it if you would not be repetitive. If someone has said what you're going to say, please, in the interest of time, you can stand up and say, I agree with that person and waive, and then we'll go on. But we're going to be here at least for another hour and a half just taking public input, and that delays the decision, of course, that you would like to get to, I'm sure. So we'll start with the public speakers. And I'd like to have two names called at a time. If one would go to that podium and one would go to the other one, we'll have people constantly standing by, and we can move this along a bit more efficiently. MS. FILSON: The first speaker is Grover Whidden. He'll be Page 139 May 24, 2005 followed by Frank McGinty. Mr. Chairman, could you check to see if all the speakers were sworn in? CHAIRMAN COYLE: Yes. All those people who have registered to speak, is there anyone who was not sworn in? Okay. We have one. Is there another one? We have two, three. Anyone who -- COMMISSIONER HENNING: Everybody stand up. CHAIRMAN COYLE: Yeah. All right. Everybody stand up and we'll swear you in again. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank you very much. Grover, how are you? MS. FILSON: Mr. McGinty, you're the second speaker. Would you like to come to the podium, please. CHAIRMAN COYLE: Go ahead. MR. WHIDDEN: Good afternoon, Chairman and Commissioners. For the record, my name is Grover Whidden. I'm the regional manager for Florida Power and Light for Southwest Florida. Today I want to encourage the commission to focus on the overwhelming need for this facility. Today, although your facility has served you well in the past, it has become woefully inadequate in terms of technology and also the space of the facility. This probably wouldn't have been so clear to me a year ago, but having been through three major hurricanes in the past year and experiencing those in some similar sized EOCs to your present facility certainly really drives it home to me. You need a modern, state-of-the-art emergency operation center for the area the size of what is Metropolitan Collier County today. Without it, you will be woefully ill-prepared for what you face in any kind of major storm event, not to mention the other type of catastrophes that have been discussed today. Not only will the facility be inadequate for your own county Page 140 May 24, 2005 functions, but it will be also inadequate for those of us in the utility business, the communication industries, and all of the rest of the community support functions that rely on this very important facility. So we encourage you to focus on the need for this facility . We believe your staff has done an excellent job of evaluating this facility in tremendous depth in trying to minimize the impact to adjacent property owners. And we just -- what we see here, as your staff pointed out to you, is that if approval was not forthcoming, we're going to be basically faced here in Collier County with an inadequate emergency operations center for five years and, frankly, from where we sit, that just is not acceptable. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Frank McGinty. He'll be followed by Bob Murray. MR. McGINTY: I'm Frank McGinty at 433 Countryside Drive, and I've been a voter and resident in Collier County for 10 years. And my concern -- and one other thing is my background, so you understand where I'm talking from, is that I was a real estate broker, I was a real estate appraiser, and I was president of the Howard County Board of Realtors in Maryland, so I understand a little bit about real estate and zoning. My concern is that we haven't talked about the significance of this zoning change of the height of the building and how it will affect the surrounding properties. I believe that right next door to this building is a commercial site down towards 7- Eleven that, right now, has a restriction of a 40- foot high building. Now, if you pass this zoning and put that building that I think was reduced to 75 feet, except you have to put equipment on it, it goes up to 85 feet or 90 feet -- which they don't say is the height of the building, but that's what you look at -- if you do that, then you're, in effect, making a change in the character of the neighborhood. And I think each of you realize that when you have a change in Page 141 May 24, 2005 the character of the neighborhood, it opens the door for subsequent zoning changes. And I'm certain that the man who owns the commercial property next door is going to -- and should wisely put in for a zoning change to allow him to put up a 90- foot building. And if this happens, in the future we're going to be looking at Airport Road and Route 41 where we're standing and see all this building from where we are. Now, I know that you'll say, oh, this doesn't seem real, but it is real, and you know how zoning changes grow. Once you open the door and change the character of the neighborhood, you have changed everything. And we know that when we do that, make a change in a commercial area, that improves the value of that commercial property. And as a real estate appraiser, I know that when you increase the value of the commercial property, you decrease the value of the residential property around it. You can find that in any appraiser's book. So by passing this, you're going to be decreasing the value of the properties in Countryside because you indirectly have changed their location because you put up this building that never existed before. And you know that in real estate, it's location, location, and location. So if you vote yes for this change, you're voting for the investors and not for the residential people who put you in office. So I request that you please vote no. Thank you. CHAIRMAN COYLE: Thank you, Mr. McGinty. (Applause.) MS. FILSON: The next speaker is Bob Murray. He'll be followed by Fred Rogers. MR. MURRAY: Good afternoon, Commissioners. My name is Bob Murray, and I am here as the president of the East Naples Civic Association representing the residents of all of the communities. I would like to read into the record a resolution that was made by Page 142 May 24, 2005 the association. Whereas, members of the East Naples Civic Association living near the site of the proposed Collier County emergency operations center on Santa Barbara Road north of Davis Boulevard did bring to the attention of the board of the East Naples Civic Association the concerns of those members as to the appropriateness of permitting such a public-use structure to be erected at that location; and, Whereas, thereafter, other members of the association and members of the board visited the site and met with a number of residents of Countryside and Falling Waters so as to see and hear the extent of the concerns of those members and residents; and, Whereas, the board, having heard and evaluated those concerns and complaints of the residents did determine on that proposed emergency operations center should be located away from the intended site and relocated to land zoned for and suitable to such a building as it is clearly out of character with the surrounding lands and uses and does not conform to the intentions of the growth management plan of Collier County to separate industrial, commercial, or like applications from residential uses. Now, therefore, it is resolved by the board of directors acting on behalf of its members and others whose residences and businesses are approximate to the intended site, that it most respectfully requests the Board of Collier County Commissioners to refrain from declaring the intended site as suitable and to disapprove the rezone application that would permit construction of this or any other emergency operations center building that the site location. Adopted this day, May 4,2005, by the board, and myself as the president, and John Hooley, Esquire, as secretary. And may I say that it is an absolute fact that our members and all of the residents understand the need for an emergency operations center. There is no desire that we have to see that go down the tube in any way. And I'm quite certain that if you do not approve it, that an Page 143 May 24, 2005 alternative plan will come forth. I would also ask you to look again at the rendering that was shown here today, very pretty, and it shows what appears to be a great deal of glazing. The planning commission did take exception to the deviation requested having to do with 30 percent glazing, whereas 10 percent was being put in, and the concern was, my goodness, it's going to break through, it will be penetrated, and the planning commission was assured that it would not be, that it could not be. So if the rendering looks really attractive, is that paint, is that shadowing, what is it? I think it's a fine building, I think the idea is wonderful. But as you've heard from the association's plea, we ask you to refrain. Thank you. (Applause.) CHAIRMAN COYLE: Thank you, Mr. Murray. MS. FILSON: Brad Rogers. He'll be followed by James Elson. MR. ROGERS: Mr. Chairman, Commissioners, for the record, my name is Fred Rogers. I'm the president of the Berkshire Lakes Master Homeowners' Association, and also a member of the Hazard Mitigation Committee. We support the program. It's very, very clear that the existing emergency operating center is failing. The communications breakdown during emergencies, and I think the last go-round of the hurricanes that we saw further upstate demonstrated that very clearly. The new emergency operating center is very necessary. We also think that the location is very central. It's very properly located near to communication sites, roadways, and things of that nature. And our board discussed this whole issue, and we're fully in favor, and we represent about 3,000 people. Thank you. MS. FILSON: The next speaker is James Elson. He'll be followed by John Cane. MR. ELSON: My name is James Elson. I've been a resident of Collier County for nearly 20 years. I am a professional real estate Page 144 May 24, 2005 broker, have been for 30, and, of course, 20 years here. I wanted to bring up the point that although change is a problem, it always seems to affect communities. One of the things that I personally experienced is that once something is in place, in other words, should this building be built in this location, it tends to blend off into the distance and it does not become the problem that everyone perceIves. I've also sold new properties and then resold those properties again later and not had the problem with the second buyers seeing it as such an issue as the first people before it's built. Many of my customers have come to say, we like being near public service because they support us and protect us. So I'm just saying that it is a big problem when it changes, but once it develops and becomes part of the community and the maturity and the building landscape and the trees grow together, it isn't as big of a problem as it is today. That's my only comment. I am in support of the building. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is John Cane. He'll be followed by Richard Kudelski. MR. CANE: Good afternoon, Mr. Chairman, Commissioners. My name is John Cane. I live in the Vineyards. Last year I completed training as a CERT member, community emergency response team, and I became a licensed ham radio operator, that's an amateur radio operator. I also teach undergraduate science at Edison College. I believe that the need for up-to-date, smoothly functioning, robust and centrally located emergency operations center, is urgent. Hurricane seasons are intensifying, and from what I read, they will continue to do so for the next 20 to 30 years. Now, regarding traffic. The Vineyards adjoins a shopping center, a major shopping center, and a big medical complex, Cleveland Page 145 May 24, 2005 Clinic, generating a lot more traffic than what is proj ected for the new EOC building, and I'm happy to report that we get along just fine with that. But the CERT -- CERT team at the Vineyards now has about 30 members. Some of us are supporting that team and the community by developing a network of two-way radios connecting to a base station repeater. Everything is self-sufficient, battery powered, and backed up by six licensed ham operators, anyone of whom can be in touch with the emergency operations center when needed. All these plans are great if we have someone to talk to. In other words, it all depends on a functioning EOC. We urgently need to get it out of the flood plane where, as I understand it, we now depend on sandbags against storm surges. Commissioners, as I understand it, your vote today will determine if we get our new EOC two years from now or five years from now. I strongly urge you to adopt the two-year plan, which is the proposed location at Santa Barbara and Davis Boulevards. CHAIRMAN COYLE: Thank you, Mr. Cane. MS. FILSON: I assume Mr. Richard Kudelski isn't here. MR. KUDELSKI: I didn't want to interrupt his presentation. MS. FILSON: The next speaker after this gentleman will be Angelo Quieto. MR. KUDELSKI: Good afternoon. My name is Richard Kudelski. I'm the president of Countryside Golf and Country Club, and I represented 1,133 residences, and I'm probably the head of the local NIMBY chapter. And I want to thank you for your time, and I -- you're going to hear a lot of speakers from Countryside, and I want you to take this as a respectful opposition. We have several speakers, and we're hoping we make some points and that you'll ask some tough questions to the developers of that site of the -- who are proposing the EOC. We at Countryside enthusiastically endorse the need for an EOC, Page 146 May 24, 2005 but not there. We have accepted growth in our community, in our neighborhood, without protest. We welcomed the creation of Livingston Road that brought traffic down to Radio Road that eventually ended up in front of our community and on Santa Barbara. We supported the widening of Santa Barbara. We did not protest, we did not put signs up. We understand the need for the widening of Santa Barbara. We don't object to the new interchange that's being created and developed on 75, which also is going to put more traffic on Golden Gate, which is eventually going to be Santa Barbara. We understand the need for the EMS station that is going to be constructed, as a matter of fact, in the process of being constructed right across from our facility right now. And I understand that there's been an accommodation made to the developer of the Santa Barbara Shores, which also might add to the noise and the traffic level on Santa Barbara. These projects will add more noise and more congestion to our neighborhood; however, when the county proposes to build on 120 -- I haven't heard the number yet, what it was, the total square footage, but the information we had previously, is a 120,000 square feet (sic) building, approximately 90 feet high, a communication tower of 175 feet within approximately 550 feet of some of our residences, we object. This is too much. Let me read an article from the East Naples Civic Association newsletter. And this article was written February of 2005, and it was authored by Commissioner Tom Henning. On June 26th, 2001, the Board of County Commissioners created a Community Character/Smart Growth Advisory Committee to assist staff with implementation of a community character plan for Collier County. Over the last 12 months, the community has strived to incorporate all the pertinent elements of community character and smart growth initiatives into the complex basic building and development laws of Collier County. Page 147 >.~-- May 24, 2005 Our commitment is to blend retail, office, and residential into harmony of structures for today's active residents, while maintaining the beauty that we all have come to expect in Naples. Look around. Concepts like Fifth Avenue will be popping up everywhere around you, including East Naples. The smart growth concept is just not for new development, but for redevelopment as well. Look for smart growth to come to your area soon. I don't think so. I don't think this is smart growth. On the visualizer, we have an aerial photograph of the immediate area. And I was listening to the presentation, and it was described as a big building, big business office, and I can't think of another multi -story business building office complex in our immediate neighborhood. Look at this aerial photograph. There is no other commercial buildings of that nature in this community. The proper place for this is out in the Alligator Alley area and 951. I took a little note. The alligator PUD was rejected because the owner doesn't want to sell the property or lease, and you -- it wasn't attractive enough for the county to lease it. Whatever happened to eminent domain? If this is the proper place to put it, that's where it should go. They've reduced the size of the tower to try to accommodate it for what would fit in that parcel of land, and by reducing it to 175 feet, the range is approximately four miles. And wouldn't it be better to put that tower back out at -- Alligator Alley area and build a tower to 300 feet so it can reach out all throughout Southwest Florida? CHAIRMAN COYLE: Mr. Kudelski, your time has expired. I'm going to have to ask you to wrap it up, okay. MR. KUDELSKI: Okay. What we're looking -- what's going to happen in the future in our neighborhood is Santa Barbara is going to turn out to be a major north/south corridor when it eventually is linked to 41. We are just worried, like the gentleman stated earlier, that once Page 148 May 24, 2005 we allow a building of 90 feet to be put into our neighborhood, a proliferation of high-rises is going to occur, and I don't think that is smart growth, and I don't think that is compatible and consistent with our neighborhood. Thank you. CHAIRMAN COYLE: Thank you very much. (Applause.) MS. FILSON: The next speaker is Angelo Quieto. He will be followed by Marcia Feeney. MR. QUIETO: Good afternoon, Commissioners. My name is Angelo Quieto. That's spelled Q-U-I-E- T -0. Okay. I just have a couple of things. I hope I get under this three-minute thing here. Okay. There were notices sent out, like they said, I think it was three, four years ago. A lot of us didn't get them notices. They were sent to the wrong management company. Now, where the fault lies, I don't know, but we didn't get them, meaning me. I live within this 500 feet. If I did, I would have probably went to the meetings then, and a lot of other people. And if we, like I say, went at this meeting here, we probably could have had a little more representation ourselves with the time, because I've only been on this now since the notice was given to go to the planning commission, which, again, I got the notice and, yes, I was there. I spoke at that, and there was a lot of us that went to the planning commission. As a result of that, the planning board commissioners did have the integrity to see that there were so many issues and code violations that they rej ected it 8-1. And as they stated, nice building, wrong place. And I agree with that, nice building, wrong place. So since they've revised -- revised the building like they came here today, why didn't it go back to the planning board commission? What were they afraid of? All right. I would have like to see it gone back to them and then it come before you people again, but that's neither here nor there. I guess from what I understand, they don't have to, but usually Page 149 "'~'----"^"""" May 24, 2005 that was the norm, from what I heard, that it would go back to them and then come again to you. Okay. My saying, my personal saying is, you don't move next to the airport and then complain about the noise. So why ask that, I mean? You don't put this building up in what I call mostly residential neighborhood because it just does not fit there, so that's why I say, don't, you know, move next to the airport and then complain about the nOIse. So that's all I have to say. I'm not in favor of this for those reasons. And I thank you for your time. CHAIRMAN COYLE: Thank you, Mr. Quieto. (Applause.) MS. FILSON: The next speaker is Marcia Feeney. She'll be followed by Flo Burnidge. MR. MUDD: Ms. Burnidge, if we can have her come in after the break, because you wanted to break at 2:30. CHAIRMAN COYLE: Yes. We want to break at 2:30. I'm sorry. Your name again, please? MS. FEENEY: Marcia Feeney. CHAIRMAN COYLE: Okay. Ms. Feeney, go ahead. MS. FEENEY: Good afternoon. Thank you for allowing us this opportunity to express our views. My name is Marcia Feeney, and I'm a year-round resident of Countryside Golf and Country Club. After reading the staff report and subsequently the minutes of the planning commission, it became apparent to me that their main objection was to the site of the proposed emergency operations center hereinafter referred to as the EOC. I am sure the commissioners had seen the reasons cited earlier why they preferred the EOC being built at the site they selected when they cast their vote. Commissioner Murray from the planning commissioner (sic) said, quote, they don't belong on that property. Page 150 May 24, 2005 Commissioner Mark Strain from said commission said, quote, he likes the building design, but had problems with the location. Again, another quote. I think this is a good project, but it's in the wrong place. Has anybody looked at other places like 1-71 (sic) and 951 rather than in the middle of a primarily residential corridor? Collier Emergency Management coordinator, Jim Yon Rutman (sic) said, quote, the planning commission noted issues the last time that we believe we've addressed, and, therefore, he believes there is no reason to go back to the planning commission. But the main objective from the planning commissions was to the site, and that issue has not truly been addressed. Mr. Murray, in the interview -- in an interview commented on the revisions made by the Collier emergency management, has said, quote, to me the most significant issue is the location. I stand by my previous statement that the building doesn't belong in that location. Their second objection has to do with the variances that have been requested. Chairman Budd from the planning commission said, approval as designed would ignore its incompatibility with the neighborhood and require land use variances that would not be made available to any other applicant. He is talking about the small size of the land available for this building, which is further constrained by the presence of an emergency medical services facility, which forces the EOC building up. Quote, any private developer that requested land use variances on this basis would be quickly told they were simply trying to squeeze too many buildings on too little property. Commissioner Schiffer, a member of the planning commission said, quote, why should a county building be able to do something that the private industry can't? Commissioner Caron, another member of the commissioner (sic) said that it's not compatible with the surrounding neighborhood. Page 151 May 24, 2005 I mention and cite the comments and concerns of the planning commissioner (sic) because we are being told that the reason this has not gone back to the planning commission and gone directly to the Collier County Commissioner is because Mr. Yon Rutman (sic) said he believes the emergency management has addressed the concerns and objections set forth by the planning commissioners. And I ask you to listen to the voices of your own planning commission, some of whom I have quoted. Their concerns have not been addressed since the planning commission has voted 8-1 against rezoning, nor have the concerns of the Countryside Golf and Country Club been addressed. Please vote no for the rezoning. Thank you for your time and your consideration. CHAIRMAN COYLE: Thank you, Ms. Feeney. (Applause.) CHAIRMAN COYLE: We're going to take a 10-minute break. We'll be back at 2:40. (A recess was taken.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Thank you very much, Mr. Mudd. We have a quorum, and we are going to continue this hearing, MS. FILSON: The next speaker is Flo Burnidge. She'll be followed by Wayne Sherman. MS. BURNIDGE: For the record, my name is Flo Burnidge. I am a resident of Countryside Country Club and a citizen of Collier County. I firmly believe that Collier County needs a safe, secure, storm-resistant EOC; however, I will show that the planned building should not be located where it is proposed because it would not be compatible with the existing or planned developments in the area, also Page 152 May 24, 2005 that it does not meet any of the existing zoning requirements. The document titled Bembridge Emergency Services Complex A Community Facilities planned unit development as revised April 11 th, 2005, in its statement of compliance states, and I will quote, the land uses of the CFPUD will be consistent with growth policies, land development regulations, and comprehensive planning objectives of each of the elements of the Collier County Growth Management Plan for the following reasons: Item three states that the project development is compatible and complimentary to existing and future surrounding land uses as required by policy 5.4 of the future land use element, or FLU. Item six states, the Bembridge ESC CFPUD is compatible with and complimentary to existing and future surrounding land uses and is considered to be consistent with policy 5.4 of the FLU, end quote. This building does not, and I repeat, does not, meet the requirements of Collier County's Growth Management Plan nor policy 5.4 of the FLU. The EOC was presented to the Collier County Planning Commission on February 3rd, 2005. In that meeting, Commissioner Caron stated that currently no structure in the area is taller than 30 feet. Collier County has a well-thought-out growth management plan which contains 5.4, denying the building of an 80-foot structure in this area, which requires compatibility with the surrounding neighborhood. This neighborhood is mostly low-rise, residential, and small retail businesses, not a tall government fortress. Both Commissioners Caron and Strain also cited the land development code, section 4.07.02, which indicates that this proposed 80- foot tall structure blockhouse is consistent -- is inconsistent with the surrounding neighborhood areas and does not meet the established country (sic) growth management plan. The Bembridge emergency services document, as revised on Page 153 _" k._"_·_'_ May 24, 2005 April 11 th, 2005, states in paragraph 1.4, B, quote, the zoning of this property prior to the effective date of the approved CFPUD document was planned unit development. That PUD was approved by the county board of commissioners in 1998, ordinance 98-86, for residential church use and a nursing home, end quote. CHAIRMAN COYLE: Ma'am, your time's expired. Could you wrap it up for us? MS. BURNIDGE: There are better locations for the EOC supporting facilities which would be safer, more accessible, and more practical for EOC operations. Thank you for this opportunity to speak. CHAIRMAN COYLE: Thank you very much. (Applause.) MS. FILSON: The next speaker is Wayne Sherman. He'll be followed by Dom Festa. MR. SHERMAN: I'm going to ask that Mr. Festa be able to come here, because he's going to be using this ugraph, right? MR. FESTA: Can I wait until he finishes? CHAIRMAN COYLE: You can do it whenever you'd like. MR. SHERMAN: Okay. MR. FESTA: Thank sir. MR. SHERMAN: My name is Wayne Sherman. I'm a full-time citizen of Collier County, and I'm here to discuss the communication requirements for the EOC. I recently retired as a communications engineer and computer scientist with the federal government. I also was a long-range planner for department of defense. I have worked with computer and communications systems for NORAD Cheyenne Mountain Emergency Operations Complex, the strategic air command emergency operations center, the GPS satellite system control center, and the Joint Chiefs of Staff command center in the Pentagon, and classified alternate national command centers on the Page 154 ,.."------.,...,.>..__...~- May 24, 2005 knee cap, at cydar (sic), and Round Hill. I am an expert in communications and computer systems for emergency operations. I come here today to talk about the Collier County emergency operations planning concern with the need to access fiber-optic cables. The EOC planners have consistently stated that one of the critical factors in choosing a site for the EOC was access to underground fiber-optic cable, and the site on Santa Barbara was the one proposed location that would provide this access. Mr. Summers testified on February 3rd, Collier County Planning Commission meeting, the fiber-optic connection gives me redundancy and resiliency, where I would spend probably five million or 10 million or 15 million dollars more just to be able to come up with some wire type connectivity. I did some investigating and contacted a reputable fiber-optic cable provider and asked them to give me a ballpark estimate of the type of extended -- to extend -- the cost to extend underground fiber-optic cable another two and a half miles. This would make it available at a location along Collier Boulevard north of 1-75. I told him to assume the cable must run under two major roadways and an interstate highway. They said some permitting would be required, but they would -- and they would need to be conservative in order to cover contingencies; however, the estimate I was given was that it would cost no more than 200,000 to $300,000. That would include conduit, two cable runs for redundancy, as well as a tie-in to existing system, and termination at a desired site. This is a long way from the -- Mr. Summers' estimate of five to 15 million, and would provide desired fiber-optic connectivity. Also, having been a telephone company engineer for part of my career, I would be very much surprised if Sprint did not have plans to extend their fiber-optic grid to at least 951 within five to 10 years. In addition, I hope that EOC planners are considering that satellite and cable providers can provide high speed data voice links to Page 155 May 24, 2005 their television -- on their television grid. Also microwave is still a viable option. Also, the state-of-the-art and cellular communications have been exploding in the last two to three years. GM OnStar has demonstrated how GPS satellite systems can be used to communica -- for communications and commands. Already cellular technologies in the 2.4 to 9.6 gigahertz range can be bought off the shelf or provided by communications utilities and are not nearly in the five million to 15 million dollar range that win provide high band width, redundancy, reliability fiber-optics. These wireless technologies even -- needed even within fiber connectivity and also are far more viable in emergency situations that communicate with widely scattered resources that may have no way to access cable or wire systems. Also, we are talking about a much di -- a much greater range using commercial satellite -- or using commercial cellular towers. Please consider this with deciding the issue and'rezone the Bembridge PUD. Thank you very much. CHAIRMAN COYLE: Thank you, sir. (Applause.) MS. FILSON: The next speaker is Dom Festa. He'll be followed by Joseph Hinkley. MR. FESTA: Honorable Chairperson and additional Honorable Commissioners, it's my pleasure to speak to you today on this important matter, and I have deep concern. So I'll try to relax here and hope you people can hear me. I'll speak real loud so everybody stays awake, and I can't hear that bell -- CHAIRMAN COYLE: Speak louder. MR. FESTA: I can't hear that bell, Mr. Chairperson, so I may speak beyond it. CHAIRMAN COYLE: I'll remind you. MR. FESTA: I'm the kind of guy, I want the facts, please, just Page 156 _.~~..._,,~., May 24, 2005 the facts. So I have discrepancies with some of the things, in fairness to these staff people, in the facts they presented, and what -- some of the facts I'm going to present. There's a discrepancy, and you folks are going to decide which ones are the facts. My name is Dominic Festa. I am a citizen -- proud citizen of this great county. We feel safe, and with new EOC in a different location, I'll even feel safer. I live in Countryside. I'm on the master board of directors, near the county emergency management office who wants to build the emergency operations center. I am here to speak against the location of the EOC at this site for safety and mission reasons. Now, if I ask the whole audience what's the number one criteria, if I had to pick a place for an EOC, it's not going to be fiber-optics, it's not going to be transportation, it's not going to be highways. It's got to be survivable, it's got to be sustainable, it's got to be operable. That's number one to me. I may have to take an alternate site to make sure that building, that's going to help me when I'm in harm's way, be safe, and all the other residents. That's critical to me. The number one criteria has got to be survivable. And I think -- if you do everything else, all the other criterias, you don't address that one, you haven't done anything for the county . I firmly believe that the site chosen by the emergency management office is not a safe or practical place to build the EOC, due to potential of this site, the storm surge flooding. I plan to support this claim in this presentation. Document, Bembridge Emergency Services Complex, a community facilities planned unit development, as revised April 11 th, 2005, states in paragraph 1.5 -- this is where I have different facts -- that the elevations within the property site -- somebody asked that question earlier. One of the commissioners -- is not 16 feet, but 9.5 to 10.5. The present site that you folks are thinking about building an Page 157 May 24, 2005 EOC is 9.5 to 10.5 above mean. Not high, but mean sea level. CHAIRMAN COYLE: Your time has expired. Is there someone who has registered to speak who will cede their time to you, Dom? MR. FESTER: Is there anybody, please? Yes, the name? MR. RONDO: Frank Rondo. MR. FESTER: Frank Rondo, okay. CHAIRMAN COYLE: Okay. Go ahead, Dom. MR. FESTER: Okay. I'm sorry, I'm sorry. Now -- and it's even in their document about that height. However, Collier County's All Hazards Guide, right here, that I read diligently every year, as well as FEMA documentation per quote by Max -- Mayfield National Hurricane Center coordinator, clearly states that a category three hurricane can generate up to 16.5 foot storm surge, and that a category four or five hurricane can generate up to 22.3 foot storm surge. The All Hazards Guide shows in its centerfold a map. Is that map up yet? Do we have a map? Thank you, Len. That the proposed site is situated in an area that could be flooded up to 10 feet of storm surge water in a category three, four, or five hurricane. Even in the county's matrix, they said that a category four or five -- again, I'm back to the facts. Either I'm right or they're right. A category four, five on that proposed site, the storm surge would be minimal, minimal. That's what they said. I say it would be severe. Now, when I asked 10 people what's the greatest threat to human life of a hurricane, they -- wind or storm surge, eight people told me it was wind. They're wrong. It's storm surge, storm surge. Now, the All Hazard Guide shows in the centerfold, that the proposed site is situated in an area that could be flooded. I made that point. During testimony before the February 3rd planning commission Page 158 "._._-~~~_._-"'- May 24, 2005 meeting, the school was stated to be an essential part of support in housing for EOC personnel during a hurricane and had been built strong enough to stand hurricane force winds. This school might stand hurricane force winds, however, it wouldn't be usable if flooded. The emergency power motor generators would also be subject to flooding if not placed on stilts. In the case of an approaching major storm, the staff, most of whom in the future will probably live north and east of the proposed site, will be asked to leave their homes and families and travel to the site against the tide of fleeing evacuees. If they can reach the proposed site before or during the storm, they could be trapped there for days without a place to sleep and without power if the generators are flooded due to possible storm surge inundation and with no way to evacuate due to flooding, no operational vehicles and storm debris blocking the access roads. The land area of the site is also too small to provide adequate landing space for emergency support or evacuation helicopters, let alone other emergency aircraft. The EOC just doesn't belong there. EOC may look imposing and safe, but it really may not be able to serve the mission for which it is intended. Okay. I want to say this now, as far as size, from 900 feet to 126,000 feet, 140 times. Broward County, 1.7 million people; Collier County 300,000 people; 42,000 square feet, Broward County; 126 max, thousand feet here; forty feet high; we're 80 feet high. Okay. Now -- CHAIRMAN COYLE: Dom, you've gone through another time segment here. MR. FESTER: Okay. CHAIRMAN COYLE: Do you have somebody else? MR. FESTER: I want to thank you and all those who agree, please stand up for me. Please stand up, stand up, stand up. (Applause.) Page 159 -------,.- May 24, 2005 MR. FESTER: Thank you very much. CHAIRMAN COYLE: Thank you, Dom. MS. FILSON: The next speaker is Joseph Hinkley. He'll be followed by Judy Olitsky. MR. HINKLEY: Good afternoon, Commissioners. My topic is . based on something I found in a Heritage Foundation report entitled, Preparing Responders to Respond; the Challenges to Emergency Preparedness in the 21 st Century. The significant thing that I read in here is that emergency control centers are regarded by the Heritage Foundation as high-profile terrorist targets. Now, this is Naples, Florida. Not very likely the terrorists are very interested in us. However, there is a lesson to be learned from a previous incident. The City of New York, where I was born and raised, built a $15 million emergency management control center at Seven World Trade Center. It was inspired by the first attack on the World Trade Center and the gas attacks on the Japanese subway system. Now, there was some controversy about the placement of this emergency control facility. Well, what went out was, let's put it in the World Trade Center complex. And the extreme irony of it all is that that facility, which was designed to mitigate a terrorist attack, was, in fact, blown up by that same terrorist attack. It took the city three days to reorganize and get it's command and control center situated in Pier 92. Now, as my colleague Dom said, that in an emergency -- and our emergency is more likely a hurricane. Last year we dealt with four hurricanes. The predictions are that there'll be like hurricanes this year. Let's hope not. However, the analogy, the comparison of an emergency control facility that's under water, unusable is striking. And my lesson was learned in the World Trade Center. I hope we'll all learn that lessen. CHAIRMAN COYLE: Thank you. Page 160 _,_.,.._^____..___"._o.__·_._"__~~ May 24, 2005 (Applause.) MR. HINKLEY: Thank you. MS. FILSON: The next speaker is Judy Olitsky. She'll be followed by Philip Rosenbach. MS. OLITSKY: Thank you. My name is Judy Olitsky. My husband and I are year-round residents residing in the community of Countryside. Our residence is in the proximity of and faces the proposed EEO (sic) site. And it is a great facility. No one here would deny that; however, even listening today, it is becoming more than just that. It is becoming a county center number 2. It's an ancillary to this. It's becoming as big as this facility, and the location, as so many others before have testified, just does not lend itself to this facility. It is appropriate, it is needed, it is desired and wanted by the people of Naples, but this is not the correct site for it in this residential community. It is not consistent and it is not compatible in spite of what the county staff says that it is. Changing all these zoning codes and requirements and asking for deviation upon deviation, trying to squeeze this facility onto this small area of land just is -- logically shows that it does not fit here. It has no room for expansion. And as I listened today, of all the things that could possibly happen here, I even become more and more concerned for the activities and what is going to go on there. The traffic. It has been testified as far as the traffic report, based on 99,000 square feet -- the building is now approximately 125,000 square feet -- with all these other things going on, the traffic will dramatically increase. It is also on a corner where we have the Boys and Girls Club. That has been in the newspaper in this past year touting that it's going to be expanding, servicing 1,000 boys and girls in Naples a day. Those people, those students have to be transported. We're talking about additional traffic. Page 161 -"..-."---"-,-_.,"',..._----"-_.__.~.,._-~.~--..-...,.- May 24, 2005 We have the traffic at the school as well. This is going to become a major problem. And I don't wonder if it's not going to become a problem like Airport-Pulling and Golden Gate with all the cars and vehicles and maintenance and trucks and school buses and private vehicles going up and down this area. It's the wrong place for this facility, a great facility. So the traffic volume is a tremendous concern to me. Also, it is an administrative building of nine to five working hours. It has been testified that it's going to be a 24-hour, seven-day-a-week facility. There is much that is going to be going on. People are not just coming into their office building and sitting in a quiet office building. There's going to be training exercises going on. They talk about a media room. These -- all these things are becoming magnets to this place. This is only going to grow and develop further. CHAIRMAN COYLE: If you could wrap it up, please. MS.OLITSKY: Okay. I'll just make one more point that has not been mentioned so far that I'm concerned about, and that is of incinerators. It is in the report. It has not been addressed by anyone. Certainly all these people in the building using this building, especially in cases of emergencies where limited access exists, incinerators were put in there to take care of the needs of the people. People create garbage. That has to be dealt with. I'm concerned about the incinerators that are put into this proposal and ask you to consider that as another negative for this site. Livingston Road has better access. There are four exits that are easily available onto 1-75. Anything along Livingston Road would be good, Edison Community College down in Lely has room available as well. CHAIRMAN COYLE: Ma'am, okay. Thank you very much. MS. FILSON: The next speaker is Philip Rosenbach. (Applause.) MS. FILSON: He'll be followed by Robert Jenkins. MR. ROSENBACH: My name is Philip Rosenbach, and I am a Page 162 ,__,___,,__,_'''__,W,,_' ..~...,~..--.,.- May 24, 2005 resident of Collier County. My background is, I'm a structural ironworker. I've worked on numerous projects in the Chicago-lying area, I've done a lot of tower work in my time. I've traveled throughout the United States working on these different types of radio towers. I also was involved in setting up a tower on Antigua in 1968 when they set off one of the moonshots. I have to -- I have to congratulate Representative Henning for his remark regarding the tower and asking if it was tied off. The minute they talked about this tower being a free-standing tower of 175 feet without having any support cables, it brought a red flag up to me, as it did to him. And I can't understand how a tower like this can be erected and have a force hurricane of four or five with winds, and this tower would stand this. I believe that this tower -- that this facility should be moved farther away from our area, supposedly -- supportably ( sic) center of the area of Collier County, that way they can build a taller tower, possibly the 700 feet that they talked about, and the tower could be guyed off, and you wouldn't have to rely on hand-held phones and so forth to transport information to this area, to this area, and this area. This operation with this tower would be able to handle this situation. Also, during my career as an ironworker, my credentials always was that I sat on the tower commission for the United States Government, and I was also on record with the -- with the Federal Reserve talking about these types of antennas and the structure and how strong they can support, wind supports. I believe that this building should be relocated. I believe if they do that, they can build a tower, support the tower properly, and be able to communicate all through Collier County without relying on telephones, hand-held receivers, and so forth, to get the various positions. Thank you for your time. (Applause). Page 163 <.,-",",~,,-_._~ May 24, 2005 CHAIRMAN COYLE: Thank you, Mr. Rosenbach. MS. FILSON: The next speaker is Robert Jenkins. He'll be followed by Carolyn Arsenault. MR. JENKINS: My name is Bob Jenkins. I'm a citizen of Collier County. I'm a full-time resident. I'm on President's Council for Falling Waters, and I'm here to talk to you about the site for the Collier County emergency management office. I live near the site where the county management office wants to build the emergency operations center. I'm here to speak for location of the EOC at a better site than the one proposed by the emergency management planners. I firmly believe that the Collier County emergency management office could choose a much better location for the planned EOC. I will give reasons in this presentation as to the advantage of at least one other site over the proposed management office. The emergency management office has already indicated that there may be a need to store equipment and supplies and to provide services at such locations as the Collier County fairground or the Immokalee Airport. For that reason, with its expected population growth, safety from storm surge, and source of full-time employees, this might be a better EOC location. This area is listed on page 2 of the 2005 Collier County All Hazards Guide as the only area in Collier County that may be fully safe from storage surge; however, I plan to concentrate on one proposed -- I plan to concentrate on one proposal by Collier County Planning Commissioner Strain during the emergency management office presentation to that body on February 3rd. Commissioner Strain suggested locating it in an industrial area near the intersection of Interstate Highway 75 and Collier Boulevard for both the zoning and accessibility reasons. This area is now becoming the single most important Page 164 -_..__.....~-"._---- May 24, 2005 transportation hub in Collier County. It's accessible by land transportation for both north and east coast, it has supposedly been discounted by the EOC planning commission for some -- for two reasons. One is traffic congestion and the other available land. First, by the time EOC is built, plans should be well underway to correct the traffic congestion problems, and second, there is now lots of open land that is already zoned for business and industry, and some of it is already owned by the county. If the emergency operations planners were given clear direction to site the EOC here, it could be done. Now I'll give you multiple reasons why a site near I-75/Collier Boulevard intersection would be better than the one now proposed. It primarily has to do with the support to facilities and services available at 1-7 5/Collier Boulevard versus the one proposed. Here are two charts, one showing problems with the EOC planner's recommended site and one showing advantages of the 1-7 5/Collier Boulevard site. CHAIRMAN COYLE: Sir, could you wrap it up for us? Your time has expired. MR. JENKINS: I have here -- and I can provide copies -- two pages. One is the cons and one is the pros of moving it from its present proposed site to the 1-7 5/Collier County (sic) intersection. The idea of the EOC is an idea we all endorse. The problem is, it's the wrong site, it's the wrong location. There must be better locations, and I urge that -- the planning board to look at the 1- 7 5/Collier Boulevard area for a better location. Thank you for your time. CHAIRMAN COYLE: Thank you, sir. (Applause.) MS. FILSON: The next speaker is Carolyn Arsenault. She'll be followed by Donna Bonomo. MS. ARSENAULT: Good afternoon, Commissioners. My name is Carolyn Arsenault, and I am an owner at Countryside. Countryside Page 165 ..._---~ May 24, 2005 is not a community that cries wolf. When Santa Barbara went from two to four lanes, we didn't object. It's now going from four to six lanes, we're not objecting. When the storage facility was put in right next to us, we didn't object. When the domestic animal shelter was put in, we didn't object. When the boys and girls community building went in, we did not object. When the EMS facility was approved, we have not objected. Today we are here to object with many good reasons and hopefully you're listening. This is just from me now. Wherever we go there are rules and regulations, and most of us abide by them and respect why they are put in place. There are always a few who think the rules do not apply to them, which subsequently affect the rest of us. Changing rules and regulations when it is for the betterment of many is done all the time. The changes this commission maybe wishes to make in this residential does not fit that bill. There were rules and regulations put in place to safeguard the development in this area, and now our elected officials want to change those safeguards in order to accommodate a proj ect that they would never allow any other developer. Countryside has a few -- has requested a few times to change our PUD in order to extend our parking and maybe put in a tennis court, and was refused, and with good reason. Yet this commission finds no problem, or hopefully doesn't -- or will find a problem with changing the PUD on this site where they want to erect a large building in this residential area. When is enough enough for this area? If this building is built, the door is open for other large buildings. How many of you on this commission would vote to change all the safeguards in your residential area in order to place this building next to your homes? Why is this meeting being held now after the majority of owners have already returned to their second homes in Page 166 May 24, 2005 other states? This is an important issue for all residents and consideration should have been given to all the owners by this commission by holding a meeting in a timely fashion so all who wanted to be heard could be heard. And I'm thankful for how many turned out today. I really didn't expect that there would be this many, but you wouldn't have been able to keep them in this room had you had it in February or March. Thank you very much. (Applause.) MS. FILSON: The next speaker is Donna Bonomo. She'll be followed by -- and I believe this name is Robert Land. I'm not sure about the first name. MS. BONOMO: Thank you. My name is Donna Bonomo. I am a year-round resident at Crown Pointe off of Davis Boulevard. Thank you. My mother resides at Countryside, and I'd like to highlight for you some of the reasons I feel so strongly that the proposal before you should be rej ected. A major concern, of course, is the size and appearance of the proposed building and the adverse impact it would have on the neighborhood. I won't belabor the point well made by others regarding the incompatibility of this complex with the neighborhood, but I would like to raise an issue regarding possible expansion and growth. Mr. Summers spoke at the planning commission hearing about a possible need for expansion in about 10 years. That -- that, I think, 188 -- page 188 of the record. Given the small size of the property site, the only way to expand would be upward. We'd be right back where we were in terms of height. It's been suggested that as an alternative, some of the offices could later be moved out, but wouldn't that defeat one of the stated objectives to house everyone together? This just doesn't seem to be Page 167 _C^,,_ ," .__..._._~~--..,..- May 24, 2005 good long-term planning. Officials have not provided us assurances that they will not, in fact, come back later looking to expand the building. And I believe greater consideration needs to be given to area residents with legitimate concerns about noise, traffic, obstructed views of the horizon, and decreased property values, as well as to the serious safety and potential liability issues this would pose. The building redesign does not address these issues or the fundamental problem of location. County officials have offered various rationales for their site selection, none of which stand up to scrutiny. For instance, officials have cited the need for a location outside the flood zone, yet the selected property is within the area subject to storm surge. Importance has been placed on it being centrally located; however, given the size of Collier County, I would think county officials would be able to find other viable cites meeting this criterion that would even be more centrally and strategically located to Santa Barbara if the search were not self-limited essentially to county-owned property . It makes no sense to me to exclude from consideration locations east of Collier Boulevard, which would be safer from storm surge. According to a recent article in the Naples Daily News, it's projected that the majority of Collier County's population will some day, in fact, reside east of Collier Boulevard. Again, we are to be thinking long term. The presence of fiber-optic cable and radio connections, another reason cited by the county for the site selection, should not be determinative. It's always possible to build communication systems. It will never be possible to make an oversized building fit properly onto an undersized parcel of land or to overcome all of the problems associated with trying to do so. Page 168 ,.__."-,._...."--'"--._"-_.....,,.".~...._._,.,..~ May 24, 2005 And the only other comment I would like to make in wrapping it up is that it's obvious -- it seems obvious to me that those responsible for site selection have not seriously considered other viable sites, apparently choosing to focus instead on convenience and cost. Again, I believe that this is poor long-range planning. Thank you for your time and consideration. (Applause ). MS. FILSON: The next speaker is Robert Land. He'll be followed by Don Peterson. MR. LAND: Commissioners, good afternoon. My name is Robert Land. I have visited Naples since 1970 and have been a resident, together with my wife, at Countryside since 1992. I knew Naples as it was, as many of you have. I know Naples as it has grown. I think I can see where Naples is going in the future. Great progress has been made. The city is beautiful and will get better. We need this center, but to place it where it is, I feel, is not correct. I have no intention of going into the details. My colleagues from Countryside and elsewhere have specified what they feel, the different rules that are being broken, and so on. That is not my feeling. I'm here simply to summarize what a great group of people living in that area would like to preserve. Yes, as a lady mentioned a moment ago, we've accepted Santa Barbara, we've accepted many other things. I'm not sure those elevations protecting the building will stand up when Santa Barbara is completed. I fear a lot of that tree line will go down, and perhaps it will be another 10, 12 years before we will see adequate protection if we don't want to look at that building. However, we need to preserve Naples, we need to provide Naples with the services it requires. Let us review this. We ask you to review it. Look for another site so that that area, which was primary residential, can be maintained that way. Thank you. Page 169 -~^-,_.-" ""'---"""-"-"'-'- May 24, 2005 CHAIRMAN COYLE: Thank you. (Applause.) MS. FILSON: The next speaker is Don Peterson. Mr. Peterson will be followed by Wayne Sallade. MR. PETERSON: Afternoon, Commissioners. Don Peterson, fire chief for Golden Gate Fire Control and Rescue District. I, first of all, would certainly share with you, I can appreciate the residents' concerns, having to recently, in the last few months, go through the same process for fire station activities. Very similar comments were made. Communication towers, footprint size, type of activity, hours of operation, all very key issues, and certainly everybody has the best interest at the forefront. What I wanted to share with you this afternoon though was, we do support the facility. I would share with you the concern of downsizing the facility. One of the things we find in government is when we build a facility, a few months after we're in it, we have no room to expand. One of the things, having been a 25-year resident of the county now, 24 of those years in emergency services, the concerns of the delay of relocations and all of the associated activities with that that would further delay the project out there. There are a lot of activities. Regardless of hurricane season, we've got brush fire seasons as well. We've just been very fortunate to this point, but those are also major activities that have happened to Collier County from '85 to the '89, '90, again in '98, and 2000, we had some major fires. So I would share with you that windows on the facility, we addressed -- tried to address that in our facility as well. The computer modeling identified you don't want 30 percent windows on the face of the building. Survivability use of the facility is going to disappear when you have the sustained winds of 50, 60 miles an hour, and you need a Page 170 "._-<~.~"-" -~~""'_._-"""-"--'-------,.- May 24, 2005 facility that's going to withstand a lot of abuse by Mother Nature, and that's the whole idea of the facility. It has to function when everybody else is malfunctioning out there. We've got to put order to the chaos. We need to be reliable communication-wise. If you don't use high towers, it has to be some type of satellite or underground activity . We found through the hurricane events, Sprint lost service, underground connections, whether they had generators or didn't have generators at remote sites, which, more than once, had a significant impact. We were completely out of communications except for one satellite telephone. Satellite phones and issues require ground antennas or antennas on the top of the roof. Being an amateur extra class operator myself, towers are okay with me. Height is better. If you're going to use a Simplex site-to-site issue, you've got to have height to have reliability. Originally what -- there was a company that identified a 200- foot tower could be constructed, monopole type tower. They did quite a search on that, but they are survivable. So I would share with you the hardened facility, if you do have to relocate potentially, I would suggest that if it can't be done here, potentially using an overlay district or creating an overlay. Zoning for emergency services is not there. We're all wrestling with it. In that overlay activity, you could determine -- your building would be the highest. You could determine that your building has less windows. Thank you for your time. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speak is Wayne Sallade. He'll be followed by Nicole Gassaway. (Applause.) MR. SALLADE: Commissioners, my name is Wayne Sallade. I'm, for 18 years, the director of emergency management in Charlotte County. I'm a Florida professional emergency manager, also hold a Page 171 ".--.----..'.'----.,.- May 24, 2005 professional development series certification from FEMA, I'm also a certified hurricane expert in the courts of Florida and have testified on numerous occasions to that effect. We've shed a lot of tears in Charlotte County since August 13th of last year, as we were ground zero for Hurricane Charley. I've shed tears for Collier County in watching this pitch battle go back and forth, reading in the Naples Daily News about the zoning commission's decision to recommend denial of this proposed site. Please do not waste time. You must hasten a decision. Again, there are people, I understand, who have great investments in property, they've invested their lives in the places they live, but I implore you to understand the need to move forward, and move forward with haste. What I'm watching here is an emergency manager's nightmare. I understand the concerns of these citizens, but I remind them, there is no "I" in emergency management. It is a mind set that a community must adopt and must embrace if you are to survive. We learned that. When I evacuated the emergency operations center, too late, I might add, and just made it to my alternate emergency operations center that Friday afternoon, it was the first of three times we were forced to evacuate that site last summer. I prayed at that moment that the plans for the new emergency operations center, which were laying on my desk, would still be there when I got back. We've gone from a $3 million, 12,000 square foot design that was just EOC and dispatch, to an $18 million, 75,000 square foot all purpose public safety complex that will include fire, EMS, sheriff, dispatch, and emergency management and EOC. That is the way Florida must look at the next 20 to 25 years. We cannot wait. We cannot keep going back to the drawing boards. We cannot take these sites and build them in the middle of the Everglades. They must be accessible. The communications must be Page 172 May 24, 2005 close at hand, and the ability for the elected officials and others who might need to be there in any type of emergency -- because we're talking about all hazards, not just hurricanes -- it must be relatively close to the urban center. I thank you so much for the opportunity to travel down here today and to share my concerns and my feelings with you. Please support the construction on the selected site of this facility. Thank you. CHAIRMAN COYLE: Thank you, Mr. Sallade. MS. FILSON: The next speaker is Nicole Gassaway. She'll be followed by Floyd Chapin. MS. GASSAWAY: Hi, Commissioners. Thank you for listening and being patient with all of us today. I do believe that this is an appropriate use for this area. I think when you look at the way the road system is designed, it's the only way to get north, east, west and, hopefully, in the future, south to 41. It's difficult because it is a small lot, but I know that they're working hard to design a building that will fit what needs to be there. I'll be selfish and ask you to make it a visual asset to the community. There is a small error on the master plan. The property to the east is not vacant. Enclave at Naples is there with 360 property owners that I do not believe were notified about any of the activities going on because it just converted from apartments to condominium. And I have four units at that property. I have direct visual access to the proposed building. And I'm very grateful, as I look at the plan, to see that I'm going to be overlooking a future potential lake or water management area. What I'd like to say is that, are there plans for a school expansion into the lower part of Tract C? So what's going to happen on that? Will there be some sort of barrier? Right now that portion is a play area for the children at the school. So will there be some sort of barrier or a fence that would prevent the children from getting into that Page 173 ..'.-.~'~-_.~~ May 24, 2005 water management area? So just to make sure the kids are going to be safe. I would encourage maybe some littoral plantings for the lake, make it look visually nice, not just the normal little slopey yucky grass that goes around the edges. You know, do something where, you know, wildlife, birds, things can enjoy the area as well, because we've lost a lot of open area with the building of new master plan developments to the east. I know there's been a lot of discussion from the residents at Countryside about what's going to impact them visually, but there's been no discussion of the line of sight from Enclave at Naples, so I would encourage the landscaping planners and the architects to take into consideration what is viewed from the rear as well as from the front of the building on Santa Barbara. And I would like to ask that there be some shielding of the parking lot lights so that those don't shine directly into the units at the Enclave at Naples. Lastly, I'm just -- I'm excited to see that the county is planning in this direction. I've lived in Atlanta, San Francisco, many large metropolitan areas. I've done contingency planning for many large corporations, and I'm very excited to see the county looking to the future, and it definitely was made clear to us that it was necessary based on what happened to us last fall. And I just want to thank you again for being patient. But I do believe that this is desperately needed, and I cannot think of another area in the county, based on our current road structure, where you're going to have the access that you're going to -- that you're going to need to get the right people to the right place at the right time to be able to communicate. So I encourage you to accept this plan, and I just hope that -- again, I'll be selfish and hope that you make it be visually pleasing for my units right on the corner there. Thank you. Page 174 ^.. ------...- May 24, 2005 CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Floyd Chapin. He'll be follow by Walter -- COMMISSIONER FIALA: Jaskiewicz. MS. FILSON: That's it. Thank you. MR. CHAPIN: Thank you, Commissioners, for allowing me to speak today. My name is Floyd Chapin. I'm president of the Sapphire Lakes Master Association consisting of 500 homeowners, over 2,000 residents. Weare here today to support -- and we are neighbors of this complex -- to support the addition of this EOC building. We think it's vital for not only our neighborhood, but all of Collier County. It's imperative that we move forward with this as opposed to delaying it, putting it off, or finding another place. How many times have you sat up here and heard, we love it, but don't build it in my neighborhood? You've heard that how many times? We really need that facility. It's a must. The traffic will be minimal. You've got to go to four or six lanes on Santa Barbara Boulevard. I don't think that's going to be a problem at all. I think the -- Mr. Summers and the Golden Gate fire chief have laid out a very good plan on how to approach this and use it to the maximum extent possible for all the citizens of Collier County. I think that you should with enthusiasm adopt this and move forward, and let's get on with building the building. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: Your next speaker is Walter Jaskiewicz. MR. JASKIEWICZ: Jaskiewicz, close enough. MS. FILSON: And he will be your final speaker. MR. JASKIEWICZ: Thank you. As you heard, my name is Walter Jaskiewicz. I'm a resident of Marco Island, and I'm the chairman of the Collier County Citizen Corps Advisory Committee, that is comprised of over 21 disaster volunteer groups, as well as Page 175 -~"~ May 24, 2005 emergency response agencies from throughout our county. Now, our main task is to better prepare our citizens for disaster, either manmade or natural. This is a task that was decreed by President Bush following 9/11 with the forming of the citizen corps within the Department of Homeland Security. We should all be aware after having a front row seat to last year's destruction to our neighboring county's EOC, just how important it is to have a modern, updated EOC that is the main life support system to provide emergency response to the citizens of Collier County in time of need. The concept and planning for the new EOC site was evaluated by engineers to be most conducive to serving the needs of our county. It was done in a responsible way with much considerations to our environment, surrounding populous impact, cost factors, and planning to meet the ever-increasing growth of Collier County. There has been dramatic improvements to our county's preparedness, but our county emergency department understands that the winds of changing technologies will blow them away unless they have the resource of a new EOC planned to house them. The Collier County Citizen Corps is encompassed with a web of wisdom that is a resource consisting of learned and wise individuals, both private and professionals, who have graduated from the school of experience in disasters. We have studied the planned site and the concept for the proposed EOC, and we recommend that the plan be approved with as little delay as possible so we in Collier County can be prepared and ready. Let's please consider that as of April 2005, our county had an estimate of three thousand twenty-nine thousand -- three hundred twenty-nine thousand full-time residents, with an estimated increase of 124,000 seasonal residents and guests that totalled 453,000 residents that are relying on our EOC in the time of a disaster. Now, this does not include some 7,000 additional citizens to Page 176 May 24, 2005 occupy our county by October 1st of this year. The need for the planned EOC is very, very evident to everyone. As a former fire chief and city councilman, I can understand decisions cannot be made to everyone's complete satisfaction; however, the overall benefit to the majority of our citizens in this county must be taken into consideration when reasonable measures have been taken to address the concerns of all our residents. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: That was your final speaker. CHAIRMAN COYLE: Okay. Very well. Do the commissioners have any questions of the public? (No response.) CHAIRMAN COYLE: No? Then I'll close the public hearing. Commissioner Halas? COMMISSIONER HALAS: I would like to have someone from staff come up and answer the question in regards to storm surge. Are we in category three storm surge area? There was some -- seemed to be some discrepancies in regards to what staff has given us and what the public has given us. MR. SUMMERS: Right. Sir, your storm surge category there is at the three, four category line. The concern there that you have is that the storm surge inundation maps that we've given you of those levels are what is expected based on the computer modeling at the beach line, at the shoreline. What none of us are capable of doing in any emergency management scenario is we can't estimate the number of impediments to the storm surge level that are farther inland. But in addition to the elevation that we've given you -- and yes, the site will be built up to some degree. We have also put -- all the essential services have been elevated. So the building will withstand the storm surge categories that we have given to you. And, again, understanding the cost benefit Page 1 77 ... _.,--,-~-..,.- May 24, 2005 and the risk associated. We could build -- we could spend millions more and do additional things, but would we go through a 100- or 200-year cycle and not have to take advantage of that? That's a possibility. We have put good value engineering into the elevation that we have, into the location that we have based on good storm surge models. As you know, those models are always somewhat conservative; however, that is the best planning tool that we have. And we think what we have designed for you meets all of the criteria that I am very comfortable with working in that building 24 hours a day during any storm event. COMMISSIONER HALAS: My next question is, in regards to the antenna wind load, being a monopole and not -- being self-supportive. MR. SUMMERS: Right. COMMISSIONER HALAS: What criteria do we have as far as engineering data available to us? MR. SUMMERS: Yes, sir. That was a criteria. The engineers have found a tower that will meet that wind load criteria that we have established. Far newer technology, far newer design, and also, we have minimized the profile on that antenna -- on that tower with minimal antennas so that we're very confident. We wouldn't put them on a pole antenna design there if we didn't think it couldn't (sic) handle the scenario. Also understand that by -- the fact that that building -- that that tower, excuse me, is behind the building, provides some peak load wind breaks for us as well. COMMISSIONER HALAS: In regards to wind loads, is this gust winds or is this sustained wind loads that we're looking at? And what is the wind loads on this particular antenna? MR. SCHARF: Well, we're looking at 175 mile an hour winds Page 178 _"_",,*._m"~'_ _,., "" _~.._".__.____~..- May 24, 2005 sustained. COMMISSIONER HALAS: Sustained, okay. MR. SCHARF: The gusts will be higher, but the monopole also, just for information, sits on a 10- foot diameter by 50 foot deep caisson. So, you know, there is a lot of weight against any wind on the monopole. The monopole will not break. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah. A couple questions, please. We had read at one time about the chain link -- it was somewhere in back-up material, chain link fence and barbed wire. Has that been taken out of this thing now? MS. PRICE: Yes. MR. SCHARF: Absolutely. MS. PRICE: That has been taken out. We're looking for no deviations or variations from code on our fence. COMMISSIONER FIALA: Okay. So what kind offence are you going to put? MS. PRICE: It's -- tell me again what it's called? MR. SCHARF: It's a metal wrought iron or aluminum decorative fence, and it's four feet high. COMMISSIONER FIALA: Okay. Let's see. The next thing. I had heard someplace, this is just a rumor, that they were going to build a Lowe's right there, next door or right in that commercial area. Is that true? MS. PRICE: That commercial area was originally designed and approved to be a Lowe's. I understand from CDES that they have not actually made any applications for it, and they may have taken that out. Incidentally, that piece of property is zoned commercial and with a maximum height of 60 feet. COMMISSIONER FIALA: I see. The reason I'm asking that is because I wanted to go into the interconnectivity issue, and I thought Page 179 . -- ._"~..-..-. May 24, 2005 if it was going to be something that the surrounding neighbors could go to -- we've been encouraging interconnectivity all along, and I notice they say that they didn't want interconnectivity here, and I wanted to know if there's a way that interconnectivity can be managed so that people can, you know, move in and around that area. MS. PRICE: The interconnectivity that was discussed during the planning commission was with the church a little bit further north of Davis Road. We did -- we took a real close look at that and identified a mechanism where we could connect that road down to -- down to Santa Barbara; however, in doing so we would have to mitigate some of the stormwater, and that would have to be on their property. They decided that it would be in their best interest not to accept that stormwater, and so they've withdrawn that. Beyond that, in terms of interconnectivity, we would be sitting somewhat next door to this commercial site, which will have access onto Santa Barbara. COMMISSIONER FIALA: Okay. And this lady was saying she was from Enclave and 350 units or something. If they needed interconnectivity to this Lowe's or something, could that be possible by a cooperative effort from us and the school and so forth? MS. PRICE: It would also take a cooperative effort between the property owner behind that commercial area, because they own that property . COMMISSIONER FIALA: I see. MS. PRICE: However, it was certainly something that we could entertain with a big cooperative effort. COMMISSIONER FIALA: Okay. The lady also -- this lady from -- I'm sorry I didn't -- let's see. Nicole Gassaway, I think she said her name was. She was wondering if they would shield the parking lot lights so that they wouldn't be shining in the windows of those people from Enclave. MR. SCHARF: The Enclave is to the east of our property. The Page 180 May 24, 2005 Enclave is basically -- there is the school as well as the drainage retention pond area. Weare hundreds of feet from there. The requirements for cut-off lighting are being followed in any respect, so there will be no spill light from the property line of the building, even onto the lake, so there will be no spill towards the residential area. COMMISSIONER FIALA: Okay. And we can be assured of that, right? MR. SCHARF: Yes. COMMISSIONER FIALA: The reason I ask that is, we have a problem in another community where park lights are shining in their lights (sic), and they're quite a distance away, a huge lake is in between them, and still they get the lights from our park, so that's -- MS. PRICE: A different type of lighting. You're looking at parking lot -- COMMISSIONER FIALA: Yes. MS. PRICE: -- lighting, so it's considerably lower and shines just down onto the parking lot. COMMISSIONER FIALA: Oh, okay, good. I just wanted to make sure these people were taken care of. I think I had another question. What is the estimated cost of this building? MS. PRICE: About 40,000 -- excuse me -- $40 million, but that includes all the equipment and technology that needs to go into it. COMMISSIONER FIALA: Dh-huh. And -- well, that's -- I had a little problem, because without the recommendations from the CCPC coming back to us -- usually we rely heavily on what they have to tell us. And now that this is a new thing, you know, I have more questions, but I'll come back later. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. My question has to do with the lake itself and the -- I guess the placement from the school. MS. PRICE: We'll get somebody up who can answer it. Page 181 May 24, 2005 MR. HOVELL: I'm sorry. I didn't hear the question. COMMISSIONER COLETTA: The lake that you have on the property there, that separates you from what, the school at the other side? MR. HOVELL: Yes, sir, there's an existing-- COMMISSIONER COLETTA: They expressed some concern over the lake, what was going to be -- to protect -- keep the students from coming into the lake. What do you have there? MR. HOVELL: Yes, sir. Well, there's an existing stormwater retention pond that has a fence. And certainly as we expand it, we'll extend the fence that goes along with it. COMMISSIONER COLETTA: And that fence will be what kind of fence? MR. HOVELL: I believe it's a four-foot chain link fence. MS. PRICE: Six-foot chain link fence. MR. HOVELL: Six-foot chain link fence, I'm told. COMMISSIONER COLETTA: Okay. And the lake itself, are you planning to do the littoral planting around the lake to be able to make it look like something that's presentable? COMMISSIONER HENNING: That's a part of the code, and I haven't heard a deviation. COMMISSIONER COLETTA: Well, no, I know that, but the question was asked and I wanted them to state it for the record. MR. HOVELL: That piece is actually part of the transportation proj ect, but I believe Commissioner Henning would be right, that they would have to do that -- I don't think there's a transportation project manager here that would know for sure. COMMISSIONER COLETTA: And if we go forward today, you would expect this building to be completed in two years? MS. PRICE: Within two and a half to three years. MR. HOVELL: They would be open for the summer of 2008 hurricane season is what our estimate is. Page 182 .-40' ..~~--- ,. -...~ ~----~<.,.---......- May 24, 2005 COMMISSIONER COLETTA: So we're still biting the bullet for a number of years to come? MR. HOVELL: Yes, sir. COMMISSIONER COLETTA: Yeah. Well, what do we have-- what have we spent so far? What point of design are we at now? MR. HOVELL: We're at pretty close to 100 percent design, pending the redesign that -- I don't know how well it was pointed out during the presentation, but this building, as it was presented today, is four feet lower than the original design, so we're going to have to go back and do that minimal amount of redesign, if nothing else. COMMISSIONER COLETTA: That's not a major cost factor, that four feet? What's involved with that? Is it going to add like six months to it, put us into another hurricane season? MR. HOVELL: No. When we say we're going to open for summer of 2008, we're already assuming we'll be doing that redesign. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: There was a question that was brought up that surprised me, and I just want to get this on the record and get it addressed. Is there going to be incinerator there? MR. HOVELL: Not that anybody on our staff knows about. COMMISSIONER HALAS: Where did this come up from? MR. SCHARF: I have no idea. COMMISSIONER HALAS: Okay. I just want to make sure that MR. SCHARF: There is no incinerator on this property. COMMISSIONER HALAS: All right. Okay. Now, can I -- MR. SCHARF: Excuse me. For clarification, there is a generator, but not an incinerator. COMMISSIONER HALAS: Okay. No, this was incinerator, and I understand there's a generator there, but -- MR. SCHARF: No. Page 183 May 24, 2005 COMMISSIONER HALAS: Okay. Normally if this would be zoned for anything else in Collier County, the heights would be roughly 75 feet or thereabouts for this type of a building, and we're at 72 feet, what, I believe, so we're below the minimum level that we can build this at; is that correct? MS. PRICE: The zoned height for building is 72 feet. COMMISSIONER HALAS: Okay. COMMISSIONER FIALA: But it's 90 with the stuff on the top. COMMISSIONER HALAS: Well, with the appurtenance on the top of it, well, then we're talking basically about 90 feet. MS. PRICE: Eighty-nine feet, that's correct. COMMISSIONER HALAS: Okay. Eighty-nine, okay. MR. SCHARF: May I just explain something? That appertinents on top of the building is mechanical equipment that is over 50 feet back from the facade of the building. It appears straight on, when you look at a rendering, to be right there at the face of the building -- COMMISSIONER HALAS: The front. MR. SCHARF: -- but it's not. That is 50 feet back, that gray area on the top of the building. What the building actually is from ground level is what you see there where Peter is pointing. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: If our planning staff really truly believes that an EMS is an accessory use to the school, then why do they need approval for the other ones? Because the EOC is really, if you think about it, lesser intense of a use than EMS. And EMS is 24/7. EOC is when it's needed, except for just business hours, just like our office is. So why don't we just determine that it is a permitted use by right and not vote on it? Or if we don't believe that EMS is an accessory use to the school, then I think we need to continue it and do it right. MS. MURRAY: Mr. Chairman, may I comment? Page 184 . _.~~~~.~-----,..- May 24, 2005 CHAIRMAN COYLE: Sure. MS. MURRAY: Susan Murray, zoning director. I guess there's been a little bit of confusion on this EMS and accessory use to the school, and I think the implication was that staff somehow came to this conclusion based on a meeting that occurred some time ago. The essential services facilities are listed as accessory uses in the old Bembridge PUD, so it wasn't a determination that didn't have a basis in the existing ordinance. The question when you deal with essential service facilities is -- and the code gets extremely confusing when you start to read it because essential service facilities encompass a very broad scope of facilities. Anything from EOC, EMS facilities, fire training facilities, firehouses, utility facilities, you name it. Even equipment storage and maintenance facilities could be considered -- there could be a link there. Essential service facilities are those that serve, you know, the needs for the public for essential services such as health, safety, welfare, police protection, fire protection, that sort of thing, anywhere up to cable and electricity and water lines. So I think the confusion came about -- and I wasn't at the meeting -- but from what I can decipher, is exactly what the PUD meant when it said an accessory facility could be permitted in the district as far as essential services was concerned. And it was our understanding that it was primarily going to be an office use, and it's my understanding that staff felt that that would be compatible with the uses that were already permitted by right in the district. Again, I was not at the meeting, so I didn't have -- enter into the discussion, but that was basically what I recall from the meeting. So I just wanted to clarify that, because there seems to be some concern that staff made this arbitrary decision. And every decision we make is based on the facts that have to Page 185 ,. - ..-------,.- May 24, 2005 deal with the subj ect property, and each property is different. So if there appears to be inconsistency, there is, not from a negative standpoint, it's just that each piece of property has to be considered on its own merits so there are different facts for each set of properties that you deal with. So I just wanted to make that clear. COMMISSIONER HENNING: Can I follow up on that? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HENNING: Leo, if you could put up the legal size. That comes out of the Bembridge PUD in reference to essential services. And if you see the header on it, it says what, permitted? MR. MUDD: Permitted -- permitted accessory uses and structures. COMMISSIONER HENNING: Accessory uses. MR. MUDD: Permitted accessory uses and structures. COMMISSIONER HENNING: So you would -- help me out here. You would tend to think that it would be an accessory use to the permitted structures. MS. MURRAY: There are a list of permitted uses, and the determination was made when the PUD was originally adopted that that would be the appropriate list of accessory uses to those permits uses by right. Why? I can't tell you. I wasn't at the hearing. I didn't make -- I didn't evaluate the petition. But that was what was listed and approved on the list of accessory uses to the permitted uses in the district. COMMISSIONER HENNING: So an EMS station is an accessory use to the permitted use through essential services? MS. MURRAY: Well, it's essential services. And what I'm saying is, then we have to go back to the code, and there's a paragraph of what essential services are. COMMISSIONER HENNING: We have it right there. We have it right there for you. Page 186 . -_"._ .__,,___.Ù>. "._"---T-" _. -~--.. May 24, 2005 MS. MURRAY: Sure, right. COMMISSIONER HENNING: So if we could zoom in on that. MR. MUDD: Yes, sir. COMMISSIONER HENNING: That's why I made the statement is, why are we going through this exercise, because essential services, you can just read that? MS. MURRAY: Ma'am, sit back and you'll get your turn, okay. I'm sorry, Commissioner. I'm trying to answer your question. What was it? COMMISSIONER HENNING: Good, thank you, because I really need some help on this one. MS. MURRAY: Okay. I didn't hear your question. I'm being interrupted. COMMISSIONER HENNING: Well, we have a social services definition within the land development code, which the county attorney provided, and we see fire, police. Police is -- MS . MURRAY: Correct, what we try to do is -- COMMISSIONER HENNING: -- within that use of the EOC building, but it also says something of the fact that -- similar services necessary to promote protection, public health, safety, and welfare. And I don't know what an EOC building is, except for that statement right there, to promote, protect public, health, and safety. That's why I made the statement is, if an EMS station is a permitted use, so is the other one, because it's a -- really a lesser intensive use than an EMS station. EMS and fire, you know, is 24 hour, lights and SIrens. MS. MURRAY: Yes. COMMISSIONER HENNING: I don't think Dan Summers has lights and sirens on his vehicle. I don't think he works 24/7, or his staff works 24/7 unless there's an emergency. MS. MURRAY: And I think what the PUD amendment was intended to do was to clarify. And, again, I think this really goes back Page 187 - _.__'.'_'0____------.-. May 24, 2005 to the list of essential services and the vagueness of the list of essential servIces. COMMISSIONER HENNING: This list here? MS. MURRAY: Well, and actually it's changed over the years, so I'm not even sure that the list that was evaluated at the time is this current list, because what we've tried to do over the years is actually clarify that list, and we did a wholesale revision of each of the zoning districts -- I don't know if you remember -- and -- because it was several years ago -- where we actually tried to enumerate all the essential services for each of the districts and clarify them by SIC code number because they came so broad. So I can't tell you at the time whether or not that was the definition when that determination was made, but I can tell you staff has historically had a lot of difficulty in applying that provision when there's vague language either in the PUD that just specifically says essential services. And what we try to look at is the facts associated with the subject site and the PUD itself, what was the intent of the PUD? What was it intended to -- what kind of service was it intended to provide? What kind of land uses was it intended to provide? What was determined in terms of compatibility with the approved use, because that's the analysis that one goes through when you do a rezoning in addition to your growth management plan. COMMISSIONER HENNING: Ms. Murray, the -- I'm sure you don't know -- Ms. Murray, I'm sure you don't know the Bembridge PUD. You haven't seen it. Well, I'm sure you looked at it sometime or another, but trying to prepare for this meeting, I'm trying to really understand, because that was one of the concerns that the residents had is, how can you approve an EMS -- or when did you approve it? When did the board of commissioners approve it as a use? When did the board of zoning appeals approve it? MS. MURRAY: They didn't. And actually -- I mean, the -- what Page 188 _._....~ "'<I' ..... _._,.-- May 24, 2005 the plan was, was to come through with the PUD amendment to incorporate all of this in here as well as the needed deviations, because I believe your height exceeds probably the existing height allowed in the Bembridge PUD, and then there was some question of uses. So knowing that was all coming forward and it would be before a public hearing with the public input, that was -- became kind of a non-issue, and it was addressed -- to be addressed during the PUD process as far as clarifying exactly what was going to be in the PUD and why. COMMISSIONER HENNING: Okay. But we're not being asked for a zoning change for EMS station today? MS. MURRAY: I'm not quite sure I understand. MR. MUDD: No, sir. COMMISSIONER HENNING: We're not. MR. MUDD: It's -- what happened -- I just got -- that was Vince Cautero on the phone, and he apologized for not being here. COMMISSIONER HENNING: Okay. Here's a letter that he sent to our staff, but the only problem is, it says cancelled on it. Do you want this? MR. MUDD: No, sir, I haven't seen it. But what I just talked to Vince on the phone -- when the EMS station came forward, they were going for a conditional use type permit, and Ms. Student was in the-- was in the room, and it was decided at that meeting that the emergency management station, okay, paramedics, the little station, okay, was essential service, and it was a permitted use during the PUD. When the emergency services complex, the building we're talking about today, was talked about, Ms. Student gave an opinion that that would have to come through with a change to the PUD, and that's what was just relayed to me on the phone by Mr. Cautero, who was also a member during that meeting. MS. MURRAY: And the EMS then became a principal use Page 189 ".~"n.._.__ May 24, 2005 instead of accessory and was clarified through this process, as Jim Mudd said. COMMISSIONER HENNING: I'm sorry. Say that again. MS. MURRAY: And the EMS ceases to become accessory and then becomes principal -- a principal use within the PUD instead of accessory . COMMISSIONER HENNING: But today we're determining as accessory to the principal use. MS. MURRAY: No, today you're considering a PUD amendment to Bembridge PUD to allow it to be a permitted use, along with the emergency operations. COMMISSIONER HENNING: I guess what we consider what it is today, not deciding today, but what we consider it today is an accessory use to the existing uses. MS. MURRAY: It's listed that way in the currently approved Bembridge PUD, yes, as an accessory to the permitted use. Whether we agree or not, it's listed in there, and we have to try to make a determination as to how that fits within the code definition of essential services at that time. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Do you know -- MS. OLITSKY: Excuse me, Commissioners, I would ask permission to be recognized by you to comment. COMMISSIONER HENNING: That's the chair that needs to -- CHAIRMAN COYLE: Who are you? Are you a member of the public? MS.OLITSKY: I am a member of the public. I spoke before. I was the one that brought up the idea about the incinerators. CHAIRMAN COYLE: We closed-- MS.OLITSKY: It is in your documents in black and white, sir. CHAIRMAN COYLE: Okay. I understand. We have closed the Page 190 May 24, 2005 public hearing already, but your comment has been noted. If you'll tell us the page where it is noted in the -- MS.OLITSKY: Page 11 of the Bembridge emergency services complex -- community facilities planned unit development prepared for Collier County Board of Commissioners by Coastal Engineering. And I think something such as -- important as this, to be able to have a minute more than three minutes, when staff is given an unlimited amount of time is appropriate, and I ask for that. CHAIRMAN COYLE: Ma'am, you've had an hour and a half. All of the residents have had an hour and a half to present -- MS.OLITSKY: Okay. Would you at least make note that the incinerator is mentioned in the -- CHAIRMAN COYLE: Yes. MS.OLITSKY: -- documents as an accessory to this facility? CHAIRMAN COYLE: You have read it into the record. It is part of the record. Thank you very much. MS. OLITSKY: Thank you very much. COMMISSIONER HALAS: Can I -- (Applause.) COMMISSIONER HALAS: I need to have some clarification. When this came before the planning commission, obviously everybody realizes that this was denied overwhelmingly. Can you tell me the three items that are no longer in here because they have been addressed by staff so it's put on the record of the items now that have -- are no longer on here, and then if you could just give some detail on the items that are still here, the three deviations, so that we have clarification? And then I have some other comments I'd like to make after we get the answers to these. MS. PRICE: There were initially eight deviations requested, three remain, and let me tell you the ones that are no longer on the table. They are -- wait just a moment and I'll get there. There were four deviations requested on landscaping. One is still Page 191 May 24, 2005 on the table. It's the rear landscaping buffer that we talked about. The fence height. Weare no longer asking for a deviation for the fence height. The massing -- there was an issue about massing, that is the way buildings, you know, go in and out like this so you don't have that big box look. That was initially considered not to be meeting the code. After a rereview, the zoning board determined that we do, in fact, comply, and so that is no longer a deviation that was requested. So what is left on the table at this time is the rear landscape buffer, the amount of windows, and an additional sign for the school. UNIDENTIFIED SPEAKER: Height? MS. PRICE: Height is not actually a deviation. That's something that's part of the amended request, but that was not part of the eight deviations. COMMISSIONER HALAS: Thank you very much. I just want to say that since I've been elected to the Board of County Commissioners here in Collier, I take this job very, very seriously, to the effect -- to the point where I've spent a number of weeks up in Emmitsburg, Maryland, and -- studying and getting familiarized with the type of emergencies that all of us can get involved with here in Southwest Florida, in fact, all of Florida, in fact, all of the southern states, and those are hurricanes. I then got really involved into the aspect of what took place last August 13th. And I believe that -- to me that was the most rude awakening that I've ever had in my life, realizing that as a commissioner, and all of us commissioners here, have the responsibility of all the health and safety and welfare of the people here in Collier County. I also realized the intensity of these storms for the very first time. Before that I lived up in the northern latitudes where we obviously don't have the storms of this intensity. And as we waited through those hours and then we found out that Page 192 ..-..~,-,-,--".,_."".,,~._,_._- .."-_._~~ May 24, 2005 one of our neighboring counties to the north of us lost their EOC center -- and I believe the gentleman was here today to explain those concerns -- I can tell you that I believe that our EOC center that we presently have is in harm's way, all the people that work there. We're so close to the coast here, and it's located in this building in the very first floor. And also, the amount of people that it takes to run an EOC center, and I'm amazed at the efficiency that we can get out of this operations. This operation here really was designed for about 75,000 people in the county, and now we're well over 300,000 people and we're growing at a rapid rate. I really believe we need this -- we need this center. And, you know, there's been people here that said, you need to go out and look for alternate opportunities. I just don't think they're out there, and if they are, we may have to buy the land, we may be in a situation where it will be another two or three, maybe four years, maybe five years before we can get to where we are today. And I really think this is very, very essential for everybody here in Collier County. I understand the concerns of all the residents here, and I can tell you that I've got high-rises in my neck of the woods that weren't there when I first moved in, but they're a lot higher than what is here. These are only four stories, and this is something that's for your health and your safety and your welfare, and I really think that we need to move forward on this. So I'd like to make a motion for approval on this. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: We have a motion for approval by Commissioner Halas, a second by Commissioner Coletta. Commissioner Fiala has a question. COMMISSIONER FIALA: Yes. I had -- I wanted to say on the record, first of all, that I would feel a lot more comfortable if this had Page 193 ___-,.,--"".-~~..-'''M."''''- May 24, 2005 gone back to the planning commission, because I would have loved to have seen them take a look at this again. I don't want to hold the thing up, but I felt it would look good. Maybe you could continue on your way knowing what size of the building and at least modify. You were talking about locations, and I thought, you know, across from the new hospital maybe might be a place. There's a-- there's a big area there that's zoned commercial, or there's -- you know, over by the landfill where we already own the land, and you've got all the space, and you can put the towers as high as you want, and really you can build the building as high as you want as long as there's the money to do it. So I'm just -- I'm just throwing that on the table just -- because I would have had a much greater comfort level had the planning commission been able to take a look at this again. And I just wanted to tell you, kind of like a little humorous thing, with the Glades, you know, when you were saying how the water had been over the rooftops from hurricane Donna in the 1960's? The Glades wasn't built till '74, so -- MS. PRICE: Apparently I was given some bad anecdotal information; however, we here are in a high hazard zone storm surge Wise. COMMISSIONER FIALA: And is it over there? You know, if we need it out of harm's way, if we need it in a higher area, this Dom Fester said that it was 9.5 over there, rather than the 16. Are we building the building up to -- I mean, are we building the ground up to 16 feet before we start measuring up? I don't know. MS. PRICE: We're building the ground up, and additionally the first floor of this building is going to be storage and underground parking, so that the actual operations will be up even higher than that, as much as 22 feet from that 18- foot ground level. COMMISSIONER FIALA: So you're going to build the ground up first and then you're going to build the parking area? Because you Page 194 _..M____~ May 24, 2005 were saying something about busing people in because this area wasn't as high as it should be. MS. PRICE: The parking area will not be built up quite as high. CHAIRMAN COYLE: Just a minute, hold on, hold on. Just a minute. Ladies and gentlemen of the audience, you've had your time to talk. Please do not start interj ecting comments into the testimony we're trying to listen to. All right? Continue. MS. PRICE: The parking lot will not be raised to the degree of the building, but the building will be raised to that 18- foot elevation. COMMISSIONER FIALA: Just to clarify. CHAIRMAN COYLE: Okay. We-- COMMISSIONER FIALA: So we're going to build the ground up to 18 feet and then start the building, so -- is that what I'm hearing you say? MR. SCHARF: Santa Barbara -- COMMISSIONER FIALA: Yes. MR. SCHARF: -- is at elevation 14 approximately. The existing ground level on the site is about 10. It's below, yes, but we are going to fill up, so that the building we're going to raise some -- well, the parking is going to be raised, and the building is going to be raised to the ground floor of about 17 and a half elevation. The first floor, the occupied floor of the building, is actually at 35, well above a storm-- category four storm, well above the five. COMMISSIONER FIALA: All of that equipment will be out of the way as well? MR. SCHARF: Yes, yes. CHAIRMAN COYLE: Okay. Now I get to ask some questions. While we're talking about height, what is the absolute height above the elevation of Santa Barbara Boulevard? MS. PRICE: I'm not sure I understand your question. Page 195 May 24, 2005 COMMISSIONER HENNING: It was just stated 14. CHAIRMAN COYLE: No. MR. HOVELL: I think what your question is, is that the building height from ground level is approximately 90 feet. How much higher -- or how much lower is Santa Barbara than the ground? It's an extra four feet. CHAIRMAN COYLE: No, no. MR. HOVELL: So it's about 90 feet. CHAIRMAN COYLE: We have always talked about truth in advertising -- MR. HOVELL: Right. CHAIRMAN COYLE: -- when it comes to building heights. MR. HOVELL: Right. CHAIRMAN COYLE: The building height --let's take existing grade. From existing grade, what is the building height? MR. HOVELL: If the existing grade is 10 and we're going to fill it to 18, then you have to add eight to the 90 feet we added -- talked about before, so it's 98 from existing grade. CHAIRMAN COYLE: Ninety-eight feet is the -- is the el-- is the top of the building from existing grade? MR. HOVELL: From existing grade today, yes, sir. CHAIRMAN COYLE: And that's the top of the equipment-- MR. HOVELL: Right. CHAIRMAN COYLE: -- enclosure on top of the building, is 98 feet. Okay. Now let's go to the square footage of this building. What is it now? MR. SCHARF: The gross square footage is about 120,000; however, the net usable square footage, because a lot of that is mechanical, electrical, corridors, et cetera, is approximately 87,000 square feet. CHAIRMAN COYLE: And you're including corridors in the -- Page 196 May 24, 2005 MR. SCHARF: In the 120,000, we have, as a matter of fact, some two story-spaces within the building that add to square footage, but obviously unoccupied because they're two floors high. CHAIRMAN COYLE: Okay. But you said corridors are not included in net usage? MR. SCHARF: In the 87-, 88,000 square feet, that excludes corridors and non-usable areas. CHAIRMAN COYLE: Now, earlier when we were discussing how much square footage was being used by what agency, you gave us some figures, and I added them up, and it turned out to be about 30,000 square feet. MR. SCHARF: Well, I didn't have all of the spaces included at that time. Perhaps-- CHAIRMAN COYLE: How about -- MR. SCHARF: Perhaps this would help. CHAIRMAN COYLE: Okay, good. MR. SCHARF: Okay. This is -- this is a chart that we had prepared some time ago of the different departmental uses. I can't frankly read it from here. CHAIRMAN COYLE: I can read it. MR. MUDD: The building is 21,000 in yellow; vacant is about 1,000; sheriffs around 15; EMS is around 10,000; EOC is at 11; EMD is at 2,004; communications, customer relations, and that's that video issue, that's 3,277; joint use is 1,766; traffic operations is no longer in the building. They moved to the Arthur X building, so that -- this is an old chart. But you were looking for square feet, so I was -- I was trying to find it for you. Volume space is 11,459. CHAIRMAN COYLE: What does that mean? MR. SCHARF: Volume space is the two-story space. CHAIRMAN COYLE: Okay. All right. IT. What does circulation mean? MR. SCHARF: That's corridors. Page 197 May 24, 2005 CHAIRMAN COYLE: And what is building? MR. SCHARF: Building is rest room facilities, mechanical, electrical spaces. CHAIRMAN COYLE: There's 21,000 square-- MR. SCHARF: Entranceway, lobbies. There's a lot of computer space in the building that is unassigned. CHAIRMAN COYLE: And the sheriffs office of 15,000 square feet is going to be used only for dispatching vehicles or what? MR. MUDD: That's the sheriffs substation-- MR. SCHARF: That's the 911 and the sheriffs substation. CHAIRMAN COYLE: It's the only 911 facility in the county, or is it merely a one-call facility? MR. BEATTY: For the record, my name's Al Beatty. I'm the communications captain for the sheriffs office. No. There are two primary public safety answering points within Collier County. We are the largest by far. The second PSAP, or public safety answering point, is in the City of Naples, and they dispatch for the city police and fire services for the city. Twelve square miles as opposed to the other 2,000 square miles that we dispatch for. Weare responsible for dispatching the sheriffs office, Marco Island Police Department, the remaining eight or nine fire agencies and EMS for the entire community. CHAIRMAN COYLE: And how many employees would you expect to have there? MR. BEATTY: I have approximately 90. CHAIRMAN COYLE: No, at this location? MR. BEATTY: That's right, sir. CHAIRMAN COYLE: In this building? MR. BEATTY: Yes, sir. CHAIRMAN COYLE: Ninety employees? MR. BEATTY: Ninety. Not at one time. I'm not going to have Page 198 May 24, 2005 90 people on duty at one time, sir. CHAIRMAN COYLE: How many at one time? MR. BEATTY: Approximately 20. COMMISSIONER HALAS: Can I ask question? This 911 facility is basically going to be the EOC 911 facilities when everything fails; is that correct? MR. BEATTY : Well, the EOC will have a separate facility. We'll be on the same floor. We'll be -- we'll be in constant contact with each other, Commissioner. COMMISSIONER HALAS: But what I'm getting at is this is going to be the main -- MR. BEATTY: Yes, sir. COMMISSIONER HALAS: -- 911 center -- MR. BEATTY: Yes, sir, that's correct. COMMISSIONER HALAS: -- in case of an emergency? MR. BEATTY: That's correct. CHAIRMAN COYLE: Okay. Any other questions by commissioners? (No response.) CHAIRMAN COYLE: We have a motion on the floor. I believe it was made by Commissioner Halas and seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: All opposed, by like sign. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. So it fails 3-2, with Commissioner Halas and Commissioner Coletta being in the minority. COMMISSIONER HENNING: May I make a suggestion? Page 199 May 24, 2005 (Applause.) COMMISSIONER HENNING: Is -- we reconsider, asking to continue? I feel that if we have all the conditional uses within the Bembridge and spread out the height between EMS and the proposed building, I think you would lose your obj ection. It's -- the use ofEOC, again, is not any -- is lesser intense than police cars -- the lieutenant is agreeing with me -- EMS, screaming ambulance, and I heard from -- no obj ection to a screaming ambulance. They want an EMS station there. CHAIRMAN COYLE: Well, I don't think we can -- we can do anything else at this point in time except, perhaps, one member of the majority asking that it be brought back for reconsideration. Is that right, David? We have, in fact, disapproved this -- this project. MR. WEIGEL: In fact, you have. It failed. A member of the majority may bring this back; however, since this is a quasijudicial decision, it's kind of interesting. The county is the petitioner. Usually the county is not the petitioner. But the rule provides for the petitioner to make a request to the county manager to be made to the board. So, in essence, you'd be doing it to yourself to bring it back, but it would not be brought back at this very meeting. It would come back at a later time, properly advertised, as I've advised you before on these kind of matters. So it could come back through the reconsideration process if a member of the majority voting did -- took the measure with the county manager to do so. CHAIRMAN COYLE: Okay. Commissioner Halas has a question. COMMISSIONER HALAS: I just want to say that as this county grows out, there is going to be more and more hard decisions and there's going to be times when somebody's ox is going to be gored. Page 200 ._......,..-_._-~ May 24, 2005 And I really believe, Commissioners, that we have a responsibility in regards to the health, safety, and welfare of this community. When I say community, I'm talking about Collier County . We can't let something like this escape. God help us if we should run into a situation, as I said earlier, as our neighbors to the north did. We know that our EOC center here is inadequate. We know that we are in harm's way, and we have to do the right thing. It's time to step up to the plate and do it right. CHAIRMAN COYLE: Commissioner Fiala and Henning. COMMISSIONER FIALA: I agree. I mean, nobody has any problems. We all know we need an EOC center. We all know that nobody's complained about the size or the -- or the largeness of it or even the price of it. I know that I would feel comfortable if we brought it back and it first went through the CCPC. That's been something important to me all along. I'd like them to take a good look at it, and I would feel more comfortable with it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: David, we're still on this topic. Why can't we give direction at this time? And I further want to say, for somebody that took a property right from 100 foot to 75 foot in his district because of residents' pressure -- but the reason I really voted no for this is because of the lawsuits that I feel that is going to come forward because of the interpretation of essential services. That's why I voted no for it. COMMISSIONER FIALA: I had problems with some of the information that was given to us that seemed to be tested. CHAIRMAN COYLE: Let's get -- Commissioner Henning clearly wants to see this brought back. David, why don't you provide us some guidance as to how that can be done. Page 201 May 24, 2005 MR. WEIGEL: Right now, I'm happy to. CHAIRMAN COYLE: Okay. MR. WEIGEL: Okay. Working directly from the reconsideration ordinance. The petitioner -- and, again, in this case it's the county. The petitioner should request reconsideration of a petition in writing to the county administrator, meaning county manager, within 15 days of the date of the board's action denying the original petition. This request shall be jurisdictional and no motion for reconsideration may be made by any member of the board where such a request was untimely except as provided in this section. It goes on to say the motion for reconsideration. Now, once a request by petitioner -- in this case it is the county, and the staff has been acting on behalf of the board as petitioner -- so I think that with your direction today, staff could prepare the request to go to the county manager so there's something on record. And once that is done, it then goes on to say, any member of the board who voted with the majority or in the case of a rezoning, which this is, voted against on the original petition, may move for a reconsideration of the petition at any regular meeting of the board within 15 days from the date of the request for reconsideration. That's 15 days of the date of the reconsideration request filed by staff at your behest. Additionally, as Jim has mentioned, Jim Mudd has mentioned, the next meeting June 14th, 21 days away, I have opined in the past in that application of the reconsideration ordinance, that where there may be delays beyond the days stated in this ordinance, based upon the regular schedule of the board, even summer schedule, that this does not permit the board from achieving its operational desire through the reconsideration ordinance. That probably will not be a problem here, although conceivably, with advertisement, it would be a couple meetings away, probably late June or the July meeting when this Page 202 May 24, 2005 would come up again. CHAIRMAN COYLE: Okay. So are you saying that if Commissioner Henning wants to have this reconsidered, he can make that motion right now? MR. WEIGEL: Well, it's all really -- I mean, the technical aspect of this is the staff represents you. The staff has been the petitioner coming before you, you are the petitioner, so you can, in effect, indicate, even at this meeting, yes, as petitioner, you wish to have this reconsidered, and as a follow-up, create a little memorandum or memo to the county manager so he'll have it. And at that point, then a motion for reconsideration shall be made within 15 days of this particular request for reconsideration at any regular meeting. I think the ordinance takes into account on these quasijudicial matters for another meeting later, not this meeting here. CHAIRMAN COYLE: Okay. So Commissioner Henning can make a motion that it be brought back next meeting, as I understand it. MR. WEIGEL: Well, we've got advertising requirements for these things. CHAIRMAN COYLE: Okay. Does that mean no or yes? MR. WEIGEL: Oh, well -- CHAIRMAN COYLE: I mean -- MR. WEIGEL: I'm having to think on the fly here. We haven't left this item yet, so, in essence, I think because we're still hearing the item you can indicate the meeting that you -- indicate at the next meeting, June 14th, that the matter will be reconsidered and we will not have to physically readvertise in the newspaper because we are still in the meeting on this item right now. CHAIRMAN COYLE: Okay. When does -- when does Commissioner Henning make his motion, today or the 14th? MR. WEIGEL: It says -- COMMISSIONER HENNING: Commissioner Coyle? MR. WEIGEL: -- in no event such reconsideration shall take Page 203 May 24, 2005 place less than 14 days nor more than 30 days. That's the actual reconsideration itself when the motion is made so -- I think -- MR. MUDD: Commissioner, let me try it this way, okay, to make sure we do it by the letter of the law. Ms. Len -- Ms. Len Price represent -- represented staff, represented the petition to the board, Ms. Price will write me a letter, no doubt, and ask that this item be reconsidered. I will -- I will query by memo the three members that voted in the majority on this particular item to ask them if they would like to reconsider this item at the next meeting. Now, when you vote -- when you say you want to reconsider, it comes to the next board meeting, which is the 14th of June -- and David's opined that when we have a three-week period of time, that the intent was that that would fit into the 14 days or 15 days -- the board votes at that meeting if they want to reconsider the particular item. Once -- if the board says yes as a group that they want to reconsider the item, then it comes back in the prerequisite number of days in order for the board to hear it again properly advertised because it's a zoning issue. CHAIRMAN COYLE: Okay. Then we've finished with this item for the day. All right? What's next? Thank you very much. Yes, we're going to take a break, 10- minute break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. Sir-- CHAIRMAN COYLE: We have a time certain, don't we? MR. MUDD: Yes, sir. We have a four o'clock time certain. It is now 4:39. CHAIRMAN COYLE: It's good that we're on time. Item #9A Page 204 May 24, 2005 DISCUSSION REGARDING EARLY DEPARTURE FROM FILL PITS ON IMMOKALEE ROAD - COUNTY MANAGER TO MONITOR AND EV ALUA TE TRAFFIC CONCERNS AND WORK WITH PIT OPERATORS AND DRIVERS, AND REPORT TO THE BOARD WITH FINDINGS/RECOMMENDATIONS MR. MUDD: And it is item 9A. This item to be heard at four p.m., discussion regarding early departure from fill pits on Immokalee Road, and this item was asked for by Commissioner Coletta. CHAIRMAN COYLE: No, Coletta. MR. MUDD: I did say Coletta. CHAIRMAN COYLE: Did you say Coletta? I thought you said Coyle. Okay. It's all up to you now, Jim. COMMISSIONER COLETTA: Thank you, sir. I appreciate that. Well, the reason I asked for this for reconsideration, as you may recall, we had this come before us a little bit -- time ago, about a little over a year ago. And at that point in time we didn't have quite the crisis situation that we have today. I've been sharing with you on some rare occasions some of the e-mails and phone calls I've been receiving, but I didn't want to burden you with a whole bunch of them -- CHAIRMAN COYLE: I appreciate that. COMMISSIONER COLETTA: -- because I mean, it might overwhelm you, because it has overwhelmed me. I mean, the public that lives in the Immokalee corridor, especially those that come off of Oil Well and Randall, have been suffering greatly during the construction of Immokalee Road. Thank God there's a light at the tunnel (sic). The problem is, the light of the tunnel is almost two years away before we get that road Page 205 "--~-------,-- May 24, 2005 completed all the way to 951. I'm going to pass this on down through you. I don't expect you to read it, but that's the different e-mails, letters, phone calls that I received from different constituents out there with great concern. One of the things that I learned, that if you receive a phone call during the travel time and they want you to return it, wait till they get home, have a chance to cool down, because the response that you're going to get is quite overwhelming, and usually the first response you get when you reach them at home that evening, it's a good thing you didn't call me when I was on the way in. It's a terrible situation. The drive time has been extended from last year to this year by 45 minutes, in some cases over an hour. Just to move a couple of miles is a chore that's second to none. It's been observed by many, including our sheriffs department. And in, fact, is was Scott Namish (phonetic) that sent me a letter that started this whole process going forward, and I asked for this to come back. As you are well aware, the way our pit ordinance is set up, the county manager has it within his discretion to be able to change hours as he sees fit. Of course, because of the controversy that ensued at the last time we brought this forward, I would never even ask him to consider this without this commission so directing him. What I'm looking for is one hour, not two hours, one hour. Six o'clock for the opening of the pits. Now, mind you, it doesn't mean that the trucks are going to not be on the road any earlier. They're not prohibited from traveling the highways and the byways anytime they want. There's no statute that can stop them from doing that. The only thing this does is limit that conga line that comes out of the pit at seven o'clock to an earlier hour. Is this the final solution? Is this going to make the difference in people's lives that's going to make it totally acceptable? No, but it will make a difference. We do have some measures that are coming into play that are going to make a big difference, and one of them is just one that Page 206 ._-,.,-_._'-'-~ May 24, 2005 naturally occurs every year about that time, and that's school closes. School buses win be in retirement for a short time, about two months. After that -- and I'm going to have Mr. Feders (sic) elaborate on this in a few minutes -- we're going to have three lanes of the highway open in such a way that it will able to -- in August, September, that will be able to accommodate more traffic. In the meantime we have a situation that I'm looking for some temporary relief on. And what I would like to do is see this commission direct Jim Mudd, at his own discretion, to be able to place the time as he sees fit. Hopefully it will be one hour as a trial. If it makes no difference or if it's a negative impact, he could rescind it in a moment's notice, or he could address it a half an hour one way or the other. And with that, I'd like to call Mr. Feder forward, if I may. And Norm, I know I didn't cover this with all the gusto that you're going to, but if you would, please, sir. MR. FEDER: For the record, Norman Feder, transportation administrator. Commissioner, I think you did cover a big part of it. Obviously, we've got three different variables out there right now, or actually four. You've got an awful lot of traffic on a two-lane road, you've got construction going on, you've got a lot of truck traffic and a lot of school traffic. The school traffic, fortunately, in about a week, win give us some relief. We're going to look at how much relief that provides. As you pointed out, in about August, September, we will have three lanes open basically from Oil Well to west of Wilson. Our intent, although we'll have to put some added pavement in there that we'll have to take out of the future median, is to do that with turn lanes. We found out what happened when we didn't have turn lanes. We moved some of the traffic over, and that's some of the calls you got. And the contractor won't do that again. Page 207 ~,.--.-"~.--.,-.. May 24, 2005 But essentially, as we open up that section, we're going to establish a curb lane, trucks only on two lanes westbound, so that will help in the morning. You'll have one eastbound, two westbound, with the curb lane being trucks only. March of next year we'll have all six lanes done between Oil Well and west of Wilson, and then, of course, continuing the project. But the most severe area is in the Oil Well, Randall, Wilson area, and so there is relief coming. We acknowledge all four of those variables as a concern in trying to address all of them. As I said, we expect the school situation with the middle school and, in particular, the new high school right there off Oil Well near Immokalee to provide us quite a bit of relief in another week. CHAIRMAN COYLE: Okay. We understand we've got a problem. What is the recommendation solution, and let's see if we can't get a motion and start proceeding with the solution? I'm sorry. We do have people who have questions. Commissioner Fiala first. COMMISSIONER FIALA: Yeah. I was going to say, I'm all for this. I just wanted to make sure that the people, when they went out to their jobs and came back, that they didn't start back out again at seven o'clock. Could we limit that so that if they left at six, but then they didn't leave again till eight, if they got back to the pits. COMMISSIONER COLETTA: If I can offer you something on that. The idea is to get them out there, and the return trip going back is going against the heavy flow of traffic. COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: It's going to take them a good hour just to get to their destination. The ones that are close in and get to some jobs in the Estates, which are quite limited now, may be able to turn around and go back, but I don't see them -- COMMISSIONER FIALA: Yeah, like Heritage Bay area? Page 208 May 24, 2005 COMMISSIONER COLETTA: But I don't see them catching the seven o'clock in time. And this doesn't even guarantee us that some of the truckers may prefer to leave at seven o'clock, who knows? But at least if we can get a number of them out the door and their travel time is started -- now, mind you, our ordinances require you cannot start construction in some places in this county until seven o'clock. If they leave at six, there's no way they're going to get there at seven in the coastal regions, not the way that it is today, and even if they did, they can wait that extra 10 minutes until that point. COMMISSIONER FIALA: Well, Commissioner, I think you know your district much better than I do, and if that's what you feel is a good time and this is a good recommendation, I'm solidly behind you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: So the recommendation is for them to leave at what time again? COMMISSIONER COLETTA: Six o'clock. COMMISSIONER HENNING: Six o'clock. So they load up and reach their destination, you know -- MR. MUDD: Cycle time -- COMMISSIONER HENNING: Half an hour? MR. MUDD: Cycle time is an hour and a half, is what we talked to the pits out there in Immokalee Road. So they'll get there -- they'll get there at 6:45, sir. COMMISSIONER HENNING: Six forty-five to their destination, so we are starting the construction time earlier? COMMISSIONER COLETTA: No. COMMISSIONER HENNING: If they dump at 6:45 when the ordinance says seven is start time on construction? MR. MUDD: Six thirty, sir, says the ordinance. I'm going to bring Stan up, because he's got that down. COMMISSIONER HENNING: So there won't be any effect on Page 209 "..._...._...._'" -4....II~ ~ .~_....-._... _.,_...~ --'--'- May 24, 2005 -- we're not changing the construction hours? MR. CHRYZANOWSKI: No, sir. Stan Chryzanowski, from engineering review. The ordinance is the noise control ordinance, it's part of the land development code, and it has always said 6:30 to seven o'clock for construction sites, so we're not going to violate that. CHAIRMAN COYLE: That's -- it's different for the City of Naples though, Stan. MR. CHRYZANOWSKI: Okay. I don't know that. CHAIRMAN COYLE: Yeah. It's not that early in the City of Naples. But, you know, what's the difference? If they go there and they have to wait for 15 minutes before they can offload, that's what you have to do. MR. CHRYZANOWSKI: I have a hard enough time knowing all my own ordinances. And you're probably 15 minutes farther down the road, so you're right. If they have to wait a while to unload, no big deal. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HENNING: I'm not done yet. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HENNING: But the real solution is -- well, the temporary solution is school is going to be ending the end of this week, so you're not going to have school buses to stop and go, stop and go, or take -- your parents taking their kids to school getting into the mix of the workforce going to the west. And the long-term solution is -- or the temporary long-term term is the three-laning opening, which is going to be in August. So what are we really accomplishing here? COMMISSIONER COLETTA: If I may? CHAIRMAN COYLE: Commissioner Halas was next. COMMISSIONER COLETTA: Well, I just wanted to answer Commissioner Henning's-- CHAIRMAN COYLE: Okay. Go ahead and answer the Page 210 May 24, 2005 question. COMMISSIONER COLETTA: Thank you. Yeah, what you're accomplishing, Commissioner Henning, is you're giving the power to Jim Mudd to be able to be fluid with the situation. If the situation resolves itself with the school buses when they cease operating and the traffic's flowing without any problems, Jim Mudd would have it in his discretion to be able to change the times to whatever is most suitable. But we don't know for a fact that that's going to be the answer. I just want to be able to give Jim Mudd the capability to be able to react to the situation rather than us say that it will start at six o'clock and will remain at six o'clock for 274 days, and we'll deal with it at that time. He has that power by the way the ordinance is set up to do it, and I just wanted to recognize that power and have this commission give him the nod to be able to do as he thinks is best and be able to deal with the situation on a daily basis. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I have concerns with that. We have problems now. How are we going to get this information out to the people that own trucks, because they're going to -- if we decide that we want to rescind this and go back to the original starting time, you're going to have 100 operators coming back and saying, well, I wasn't notified personally about this. MR. MUDD: You do it at the pit, sir. You do the notification at the pit. COMMISSIONER HALAS: Okay. MR. MUDD: It's the pit that opens up earlier -- or opens up an hour later, depending on what that thing is. So the notification is not necessarily to the truck drivers, it's to the pit. COMMISSIONER HALAS: Okay. MR. MUDD: And if I'm going -- if I was going to change it, I Page 211 May 24, 2005 would do it with some notice that says, two weeks from now, and I put a date down there, the hours will go back to where they were, you know, from seven to -- seven to five, or whatever they were at the particular time. Or if it was going to be an hour earlier because the situation dictated because of construction or whatever, I basically say, in two weeks, date such and such, this pit will open up an hour earlier. COMMISSIONER HALAS: Okay. My other question is, if -- when are we going to institute this ordinance? Is it going to be instituted -- MR. MUDD: The ordinance -- Commissioner, the ordinance is in effect. The board took action -- COMMISSIONER HALAS: No, I'm talking about the start time. When are we going to -- MR. MUDD: Yes, sir. COMMISSIONER HALAS: -- initiate the start time? MR. MUDD: The ordinance is in effect. The county manager has the authority to set the start times for the pits. This item went before the board here about a year ago, and the board made a decision that they didn't want to change the hours. When that happened, the county manager doesn't have discretion with pit hours anymore. You told me you don't want to change the hours. So Commissioner Coletta's asking the question, does the board want to give the county manager the authority to alternate the pit hours based on traffic congestion or whatever the county has according to the ordinance that's in effect right now. COMMISSIONER HALAS: I guess what I'm trying to say here is, are we going to institute the start time after the -- we find out what happens when the school closes, or are we going to institute the new start time ASAP? MR. MUDD: Commissioner, if you give me the authority to adjust the start time, what I'm going to do is, the last day of school I'll have staff go out there and take a look at the intersection and take a Page 212 May 24, 2005 look at the traffic and see what congestion is there, okay, and I'll have them do it for about three days in a row. In three days, if they say, boss, we've still got problems, congestion, and a lot of it's still because of dump trucks, at that particular juncture, I would change the hours to make it an hour earlier. But I wouldn't do it until I take a look at the school situation. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Yeah. That's the smart thing to do. COMMISSIONER HALAS: Okay. So once we get that start of the equation figured out, now on the other side, when are we going to rescind this ordinance to get back to where we are? Are we going to do this after we get the six lanes from Orange Tree to Wilson opened up, or are we going to rescind this ordinance from the -- after the time we complete Immokalee Road six-laning, completely? CHAIRMAN COYLE: Could I make a suggestion? Why don't we just remove the restriction from the county manager and let the ordinance stay the way it is, just remove the restriction, permit him to make changes in the start times at the pits in order to relieve any traffic congestion, and then let him -- let him proceed? And that gives him the flexibility to monitor it, check to see if it really is mostly school traffic that's causing the problem. He'll know that within a week or so, and then he can take the necessary action, and then that way if there is any -- any problems with the traffic, we can just tell the people to call the county manager rather than calling us. COMMISSIONER HALAS: Yeah, right. CHAIRMAN COYLE: So does that -- does that seem to meet your requirements, Commissioner Coletta? COMMISSIONER COLETTA: Well, to be honest with you, I'd almost like to have it happen to the pit immediately, but I mean, I realize that there's going to be some compromises here. The problem out there is a daily one. I mean, every day I have Page 213 .~-~,-~~-~-'"-'-,.,--~..._-"..''"_.,-_._-~ May 24, 2005 people calling me up, and they say, well, it was 45 minutes today getting from two miles down Randall to -- over to Immokalee Road, and then another 30 minutes getting to Wilson, you know, and I get those reports on a daily basis. I wish we got this here sooner and we could have brought some more relief, but we're here now with it. I would almost like to see it instituted immediately. But, you know, I just want to see something done. CHAIRMAN COYLE: Yeah, I understand. I think there's some benefit to finding out if the school recess really solves most of the problem. MR. MUDD: Sir, because then when you come back in the fall, you start an advertising campaign that says, I know you might want to drive your kids to school and you -- but it would be -- it might be good if you let them take the school bus that's already going by the house and alleviate some of that congestion for the next year or so until the road gets built to six lanes. That might be something that at least we could offer as far as information is concerned. CHAIRMAN COYLE: It would help us understand what's causing the problem. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Well, Commissioner, I just -- Commissioner Coletta, I just want to remind you, you had an e-mail in here about going hunting, and you didn't respond to it. COMMISSIONER COLETTA: But I couldn't get there because the road was too crowded on Immokalee Road, that's the reason. COMMISSIONER HENNING: What happens with the Golden Gate Estates residents when they catch up with the dump truck in the urban area and now it becomes a problem in the urban area? COMMISSIONER HALAS: Pass them. COMMISSIONER HENNING: Are we giving direction to the Page 214 May 24, 2005 county manager if it becomes a problem in Collier County just to fix it, or is it just for the residents in Golden Gate Estates? COMMISSIONER COLETTA: No. You're giving him blanket discretion to be able to weigh the well-being of the whole county. I knew it would be very difficult to get it instated as six o'clock. But I thought if we could just live with the ordinance that exists now, the county manager will have to weigh all the things that happen. The truth of the matter is, we don't know what the final outcome of this is going to be. I wished we did. It'd make it a lot easier. We don't know if all of a sudden you're going to have a big problem in Golden Gate or even in Naples. I doubt seriously you will because of the travel time. But what I'd like to do is see this instituted, and then we can take it up with the county manager as we go along, work in motion. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Maybe what we ought to do is give the county manager, also put a badge on his chest there and he could be the sheriff, too. COMMISSIONER COLETTA: We could try it. CHAIRMAN COYLE: Do we have a motion to get this thing resolved? COMMISSIONER COLETTA: Yes. Make a motion-- MS. FILSON: We have five speakers, sir. CHAIRMAN COYLE: We have five speakers. Tell me something, who are the five speakers? MS. FILSON: John DePrisco. CHAIRMAN COYLE: Do any of the five speakers object to having the county manager adjust the departure times of the -- at the pits if it's necessary to reduce congestion? MS. FILSON: Lauren Melo. CHAIRMAN COYLE: Do any of you have an objection to that? MS. FILSON: Bin McDaniel. Page 215 May 24, 2005 CHAIRMAN COYLE: Ifwe were to make a motion to that effect, would it be necessary that you all speak for that purpose? MS. FILSON: Mark Teaters. CHAIRMAN COYLE: You can't speak from back there. We've got to get you on the record. MS. FILSON: Sam Adams. CHAIRMAN COYLE: But are you okay with that motion? MR. McDANIEL: Kind of. CHAIRMAN COYLE: All right. COMMISSIONER HENNING: See, we try, but we're never going to satisfy all. CHAIRMAN COYLE: You got 10 seconds. MS. FILSON: For the record, this is Bill McDaniel. MR. McDANIEL: For the record, this is Bill McDaniel. Commissioners, thank you very much, and thank you for setting this up for a time certain for us as well. The points of clarification that I'd like to make while I've been listening to the discussion, we're here today to offer some accountability to you. This thought process has been brought to you in the past, and your concerns were constituents calling you with dump trucks arriving too early to sites that they potentially could dump at. There are representatives here from a new organization that's recently been formed, the Southwest Florida Truckers' Association, in concert with them, in concert with the mines -- and there's only three mines that we're talking about, the two that we currently operate, and Jones Mining on 846. Those are the three that we're talking about. Not countywide. We're going to provide some accountability for you. Working in concert with staff, code enforcement. When the complaints come in, those complaints are going to be addressed by our industry, through the Southwest Florida Truckers' Association, ultimately back to and Page 216 May 24, 2005 through the mines, because we have record as to where the trucks are all going, what time they're leaving our operations, so on and so forth. The other thought process that I wanted to add in, several years ago we talked about those peak hours of seven and five (sic) in the morning. We're talking about a total of 200 trips that we're going to move off of those peak hours, and it's not just the start times, but it's the stop times. We're currently from seven in the morning till five in the evening six days a week. We're talking six in the morning till four in the afternoon six days a week. So we're going to take them off the road theoretically an hour -- an hour earlier, and the theoretically, is based upon Commissioner Coletta's earlier statement that they're allowed to go wherever they want, whenever they want. And a lot of times they're coming into our community from without, from southern Lee County where their hours of operation are 24 hours a day, seven days a week. I'm not taking any more time. I just wanted you folks to know that there's more to this than Commissioner Coletta -- I mean, we're working in concert with staff. There's an organization here to deal with the complainants on a personal basis. I'm willing to come back 90 days from today and give you a report. Here's a list of what's transpired. Here's a list of who's been complaining, what they've been complaining about, how those complaints have been addressed, what we've done for corrective action both in concert with code enforcement and the sheriffs department. CHAIRMAN COYLE: That's wonderful. That's really great. And I've got Commissioner Halas, and then Commissioner Henning, but -- COMMISSIONER HALAS: I'm okay. CHAIRMAN COYLE: You're okay? COMMISSIONER HALAS: Yes. Page 217 . ..-.------- May 24, 2005 MR. McDANIELS: Questions for me or -- CHAIRMAN COYLE: I just want -- I just want to clarify, if we have six speakers up here, we're going to spend another half hour dealing with this. MR. McDANIELS: Right. CHAIRMAN COYLE: Is there anyone who wants to object to giving the county manager authority to work with the pit operators and trucking association to adjust hours if it is necessary? MR. McDANIELS: To my knowledge, no. CHAIRMAN COYLE: Okay. All right. Commissioner Henning? COMMISSIONER HENNING: Who's the president of the association? MR. McDANIELS: Of what association, sir? CHAIRMAN COYLE: Truckers'? MR. McDANIELS: The Southwest Florida Trucker's -- COMMISSIONER HENNING: Never mind. MR. McDANIELS: No, the -- the Southwest Florida Truckers' Association? COMMISSIONER HENNING: Yeah. MR. McDANIELS: I don't know that they have one, but it's Theresa Yahl. COMMISSIONER HENNING: Oh. MR. McDANIELS: Of Dixy Trucking, and on their board is Lauren Melo and Rebecca with Advantage Trucking. There's three large trucking companies that are part of that organization, and it will be in concert with our operations. And I've spoken to Jay over at Jones Mining. We're all going to work together to help this be as plausible as possible. CHAIRMAN COYLE: Well, thank you very much. I think that's an excellent plan. MR. McDANIELS: Any other questions? Page 218 May 24, 2005 CHAIRMAN COYLE: I just want to make sure the people who registered to speak -- MS. FILSON: Let me call their names and they can waive. CHAIRMAN COYLE: Okay. Will you -- do you want to waive and let us get on with making this decision? MS. FILSON: John DePrisco? MR. DePRISCO: Waive. MS. FILSON: Lauren Melo? MS. MELO: Waive. MS. FILSON: Mark Teeters? MR. TEETERS: Waive. MS. FILSON: Sam Addams? MR. ADDAMS: Waive. CHAIRMAN COYLE: Okay. MS. FILSON: That was your final speaker. CHAIRMAN COYLE: Now, do we have a motion on the floor? COMMISSIONER COLETTA: Yes. I'd like to make the motion that we remove any restrictions from Jim Mudd and allow him to exercise the ordinance as far as the time for pits to start as he sees fit according to whatever situations prevail. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. A motion by Commissioner Coletta, a 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. Page 219 May 24, 2005 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. Thank you very much for coming in. Sorry we were late getting started. (Applause.) Item #7A RESOLUTION 2005-213: MARILYN L. ROSS, TRUSTEE OF THE MARILYN L. ROSS TRUST, REPRESENTED BY R. BRUCE ANDERSON AND DOUGLAS A. LEWIS OF ROETZEL & ANDRESS, IS REQUESTING A VARIANCE FOR A 10-FOOT ENCROACHMENT INTO THE 20-FOOT REQUIRED REAR SETBACK FOR A SWIMMING POOL AND SCREEN ENCLOSURE LEAVING A 10-FOOT REAR YARD ON A WATERFRONT LOT, AS SET FORTH IN LDC SECTION 4.02.03. THE SUBJECT PROPERTY IS LOCATED AT 221 W. 3RD STREET, IN THE LITTLE HICKORY SHORES SUBDIVISION, UNIT 1, LOT 15, BLOCK C, IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY (BONITA SPRINGS) FLORIDA - MOTION FOR DENIAL - FAILED; MOTION FOR APPROVAL WITH CONDITIONS - ADOPTED MR. MUDD: Commissioners, that brings us to 7A, and this item requires that participants be sworn in and ex parte disclosure be provided by commission members. Marilyn L. Ross, trustee of the Marilyn L. Ross Trust, represented by R. Bruce Anderson and Douglas A. Lewis of Roetzel and Andress is requesting a variance for a 10- foot encroachment into a 20- foot required rear yard setback for a swimming pool and screen enclosure, leaving a 10- foot rear yard on a waterfront lot as set forth in LDC section 4.02.03. Page 220 May 24, 2005 The subject property is located at 221 W. 3rd Street in the Little Hickory Shores Subdivision, Unit 1, Lot 15, Block C, Section 5, Township 48 south, Range 25 east, Collier County, and in parens, Bonita Springs, because that's a mailing address, even though they're in Collier County -- didn't know we had that, but -- Florida. CHAIRMAN COYLE: And everyone who is going to provide testimony in this hearing, please stand to be sworn. (The speakers were duly sworn.) MR. LEWIS: Good afternoon. CHAIRMAN COYLE: Wait a minute. Let me get the ex parte disclosure done. Commissioner Halas, do you have any ex parte disclosure? COMMISSIONER HALAS: Yes, I do. I had a meeting with the petitioner in regards to this item. CHAIRMAN COYLE: And I also had a meeting with the petitioner in regard with to item and his representative. Commissioner Fiala? MR. SCHNEIDER: Yes, I had one as well. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I watched the planning commission meeting. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: No other correspondence. CHAIRMAN COYLE: And I will get Commissioner Coletta's ex parte disclosure when he returns to the podium. Let's proceed. Go ahead. MR. LEWIS: Good afternoon, Commissioners. My name is Doug Lewis. I'm an attorney with the law firm of Roetzel and Andress, and I'm co-counsel with Bruce Anderson on this application. We represent Marilyn Ross as the trustee of the Marilyn Ross Trust, the owner of the property, in a request for an after-the-fact variance for an 18-inch encroachment of a swimming pool deck. Page 221 , ""."..---~.'--'-'-'--'''~ May 24, 2005 The property's located at 211 West 3rd Street in the Little Hickory Shores Subdivision. A survey of the property shows that the swimming pool deck is about four feet, four inches above the lot grade at the stem wall and about five feet, six inches above the top of the seawall. As such, the pool deck is about 18 inches higher than permitted by the dimensional standards under the land development code in order to have a 10- foot rear yard setback, which is -- the dimensional standard is four feet in Collier County, except for Marco Island and the Isles of Capri, which have a seven-foot dimensional standard, vertical standard. The swimming pool deck is at approximately the same elevation as the first floor elevation of the home, and the lot elevation was raised to bring the finished floor elevation of the house in compliance with FEMA flood regulations, which puts it at about 11.1 feet. The applicant's builder obtained building permits for the pool deck on March 22nd, 2002. At the time the building permit application was submitted, the plans and the drawings submitted did not show or contain these dimensions for the top of the seawall deck or the top of the sea -- or the top of the pool deck. The county now requires that these applications show these elevations and -- prior to the issuance of the building permits. On December 10th of 2002, the applicant received a temporary CO, Certificate of Occupancy, for the pool deck and the pool structure. The swimming pool deck was constructed approximately two and a half years ago, so it's been there for a while. And as required by the land development code, we've provided notices to abutting landowners, and to date, our office has not received any objections based on this application. Further, we've received a letter from the owners to the east of the subject property. Their names, Mr. Douglas Grant, is one of the owners, his wife Bonnie. And they live at 217 3rd Street, and they Page 222 May 24, 2005 provided a support letter, which I have, which I'd like to enter for the record. I can give a copy, to you, I'm sure at this time. CHAIRMAN COYLE: Thank you. Is that the end of the presentation? MR. LEWIS: No. CHAIRMAN COYLE: Oh, okay. MR. MUDD: Give me the letter. MR. LEWIS: Also the neighbor to our west, Douglas Smith, met with Planner Mike Bosi and confirmed that he's not opposed to the current height of the pool deck. The staff supports our client's application and the planning commission, on May 5th, voted 6-3 to support the application. Our client requests approval of the variance so that the pool deck and seawall can remain at its current state, otherwise our clients will suffer a hardship by either lowering the pool deck by about 18 inches or raising the seawall by 18 inches, and we ask for your recommendation. I'm happy to answer any questions. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I'm going to save mine until staff makes their presentation. CHAIRMAN COYLE: Okay. Staff, we'd like to hear from you now. Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: Okay. MR. BOSI: Good afternoon, Commission. Mike Bosi, zoning and land development review. As the applicant has indicated, the petition had gone before the planning commission. It received approval of 6- 3. It had been reviewed by county staff, and we had found -- or we had initiated a recommendation of approval. We felt that the -- the fact that it was an after-the fact variance, that the FEMA elevations related to the physical condition of the land Page 223 _.._......._~ May 24, 2005 and requirement of elevating the land to meet the FEMA requirements were somewhat working against the regulations related to the seawall, because of the seawall being static and the fill being brought in to elevate the land worked against the regulations for the four-foot compliance or four-foot height above the seawall. We haven't -- to date we haven't received any opposition from the __ from the adjoining property owners. I had met with the adjoining property owner last week, and just this morning I was presented with a letter of support from Mr. and Mrs. Grant of 217 3rd Street, the neighbors to the east. The reason for approval had been documented within the staff report and highlighted within the executive summary. And with that, I will open myself up to any questions the board may have. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yeah. I've got a number of questions. I'm surprised that when the -- my understanding there was a house on this property, and that house was removed from that property and a new structure put on there; is that correct? MR. BOSI: My research did not indicate or go beyond the building permit for the orig -- for the existing house there, so I do not have knowledge of a house prior to that. COMMISSIONER HALAS: Well, the point I'm trying to make here is that when you start to build a new structure on there -- and I think we were -- the county was mislead, because when a builder decides that he's going to bring that land up to FEMA, in our land development code, it was already pretty much spelled out that for every four foot in elevation -- or every four foot that you went up in elevation, you had to have another setback of 10 feet. And, of course, he brought in additional dirt. And I would think that just simple math would say that if he was going to build the pool deck, that he had to realize that the pool had to be moved back. And I believe Joe Schmitt has some additional facts that I asked him to Page 224 ,"-._.~^_.'....~. May 24, 2005 research, and maybe he can bring this up. But also in our land development code, it's stated that if there was any structures -- and that's been in there since about 1996 -- that any structures that move up in the vertical direction, once they exceed four feet in height, then you need an additional 10 feet back. And I would think that the contractor has some responsibility there. Maybe Joe can give us some more insight into how this all came about where the house was permitted first, and then later on. MR. SCHMITT: Commissioners, for the record, Joe Schmitt, administrator of community development/environmental services division. This is not a change in recommendation, but I just want to go through the history of this. And I show this date -- this is the application, November 19th, '01. The setbacks -- this was strictly for the building, which -- the house. It did not include the pool, it did not include the cage. Setbacks were shown on the permit. Front setback, left side, right side and rear. Well, rear is 25 feet. And with that was the survey that came in. And you can see right here it shows actually 22 feet. This is the rear yard setback. Note that on the drawing it shows proposed pool area. So that was the application for the building permit. After the building permit, the building permit was issued. And-- COMMISSIONER HALAS: For the house only, correct? MR. SCHMITT: For the house only. The building permit shows, again, the setbacks as required, 25, 25, seven and a half, seven and a half on the building permit. Then in March of '0 -- March 21, '02, the applicant came in for a separate application for the swimming pool, and here's where they note the 10- foot setback. And, again, this is a separate permit, so we're on a different building permit. This was the application, and it showed the 10 feet Page 225 "_~_"-'_"d_'^'_."_·'_····'_·'·___···'·_··'"'_""·'"·_~,_~ May 24, 2005 from the seawall. Again at this time, this was at a time when the county was not checking for the change in elevation. COMMISSIONER HALAS: But it was written in our codes; is that correct? MR. SCHMITT: But it was in the code. COMMISSIONER HALAS: So that's the responsibility of the builder; is that correct? MR. SCHMITT: Commissioner, yes, that's exactly right. Then in November of '02, this says November 22nd, '02, the applicant came in for another permit, which is now the screen enclosure, which was -- again, listed the setbacks. That permit came in, and the spot survey -- this is when the spot survey was rejected, it was denied, because we noted at that time when we were checking elevations for the change in requirement for every 10 feet, if you exceed the four-foot elevation, you have to have another 10 feet (sic) setback, and that was denied. The applicant then came in with the spot survey to show the elevations, which indicated 5.6 feet, and as briefed, was required then to proceed with a variance. So basically the history of that shows that it was a sequential permitting process. It was the building permit for the structure, then the building permit for the pool, and then the building permit for the actual screen enclosure. And once they went vertical basically was when we detected the violation. Vertical meaning the screen enclosure. And we detected the violation. We issued a temporary CO for the house, and I believe, Mike, still a TCO on the home, or TCO on the cage, thank you. For the record then, the TCO, Temporary Certificate of Occupancy currently still exists on the pool screen, which is the last permit. I have a drawing that shows the application that came in also for -----'"-~"^"-,,..-~.._'--- Page 226 May 24, 2005 the home. I can put that up on the wall if you care to see it, but it really didn't adequately display the pool as an integral structure associated with the house. It shows the house and floor plan, it shows the pool separate with no setbacks depicted on the building permit. Again, you can draw your own conclusions. Based on how this was processed, I'm not -- I certainly can't draw any conclusions, but it was incrementally applied as the records indicate when we did a records search through all the records this -- the permit on this facility. COMMISSIONER HALAS: But the end result is, the house was really bigger than the size of the lot because they didn't figure in the pool? MR. SCHMITT: Not necessarily, Commissioner. Actually what they could have done, they would have had to have step down out of the lanai -- COMMISSIONER HALAS: Eighteen inches, and then they would be in compliance. MR. SCHMITT: -- to -- basically to be in compliance. Now, I want to clarify, again, for the record that the option certainly to correct this would be to raise the seawall or put a cap on the seawall. We currently do not have any prohibition against that in this county, as was shown on -- this picture here shows frankly how one can get around the code by raising the seawall in order to maintain that 10- foot setback. As long as there's a 10-foot setback without the four-foot change in elevation from the seawall, you could actually have a 10- foot setback. Once you exceed that four-foot change in elevation, you have to go 20 feet from the seawall to the structure that is basically at this -- we're talking about here would be the pool screen would have to be 20 feet. COMMISSIONER HALAS: But this is another problem that we have out there that I've been trying to get -- bring forward on an LDC amendment change, because obviously this does not fit in with the Page 227 .,...-...----,-- May 24, 2005 engineering integrity of a seawall. It doesn't have the same seawall engineering specs when you just sit there and you put a cap on this. And I don't think this -- like I said, I've been trying to make an LDC change on this through a number of years and have -- as of right now, have not been very successful. MR. SCHMITT: And Ms. Murray and I talked about this just recently in the last week. We're going to be bringing to the board some kind of a representation to prohibit these changes in the back yards, basically the seawalls to preclude, shall I say somewhat creating -- rising the seawall to basically -- to benefit, to maximize the use of the property. And actually, and as you all know, the setbacks are there mainly to protect view corridors of neighboring properties. That's fundamentally what the setbacks do. COMMISSIONER HALAS: I understand you had letters from the neighbors on either side, but those neighbors could leave, too, in three to four years, or maybe two years, so. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, Mr. Schmitt, a couple questions. MR. SCHMITT: Yes. COMMISSIONER COLETTA: There's a chain of events that leads some people to suspect that there may be -- this was a planned event to be able to come out with the desired results in that the burden falls on the petitioner rather than on the county, even though we have people at the desk that check the petitions out, and at the time I guess they were doing them at the desk, and that raised all sorts of problems, because they were always rushed, now they do them in the back room. MR. SCHMITT: Well, again, the original permit was for the home only. COMMISSIONER COLETTA: That's correct. MR. SCHMITT: And that met all the setback requirements. The Page 228 May 24, 2005 permit was legally issued and met all the requirements. Then the applicant came in for the pool permit. COMMISSIONER COLETTA: Right. MR. SCHMITT: It was at the pool permit that we did not evaluate whether he would have to comply with that -- if he violated that four-foot change in elevation, whether he had to meet the 20-foot setback from the seawall. COMMISSIONER COLETTA: But we didn't catch it? COMMISSIONER COLETTA: We didn't catch it at that time. It wasn't actually caught until they came in and applied for the pool screen and then came in for the spot surveys is when we said, wait a minute, we need elevation drawings to show where -- what the change IS. Now, at the time, again, when they applied for the pool, it was at that time where we did not have a good system set up within the county in order to catch that. COMMISSIONER HALAS: But the -- MR. SCHMITT: I've since, over 20 months ago, 24 months ago, implemented a process where all of the setbacks are reviewed and validated, not at the front counter, but actually back in the office. COMMISSIONER COLETTA: My concern is, this sounds an awful lot like what I went through a couple years ago with the IRS, you know, for getting advice and everything, but we won't go there. MR. SCHMITT: Yes. And Commissioner, I'm just trying to-- COMMISSIONER HENNING: I'll take care of that. COMMISSIONER COLETTA: Commissioner Henning -- CHAIRMAN COYLE: How'd it turn out? MR. SCHMITT: I'm just trying to point out for the record -- COMMISSIONER COLETTA: I didn't get any money back, if that's the question. I guess the other thing I'd like to know is, let's just say that we're in agreement that what they're asking for is inappropriate. What Page 229 ~>_,,___~""'C~''''''<" ....' _~'~O>"_ . ~_,.__,"._.,...~_~~~_ May 24, 2005 would be their alternative? How could they get around this and be able to put the pool in legally? MR. SCHMITT: Let me correct it. I mean, we're still recommending -- based on the situation, we're still recommending approval. But in order to get around it, it's probably the least desirable alternative, is they simply could come in and put 18 inches cap on the seawall, backfill behind it, and then meet the requirements for the setback. COMMISSIONER COLETTA: And it would look ugly, wouldn't it? I would think it would. MR. SCHMITT: I believe we have a picture of the house; do we not? You have that -- COMMISSIONER FIALA: Yeah, right here. COMMISSIONER COLETTA: This one right here, right? COMMISSIONER HALAS: No, no, that's another example. COMMISSIONER COLETTA: Oh. MR. SCHMITT: That's not it. Let me -- COMMISSIONER FIALA: That was with a cap? MR. SCHMITT: That's the -- that is the picture of the rear of the house, and -- COMMISSIONER COLETTA: And then that tall edifice is the seawall? MR. SCHMITT: They could basically raise this seawall 18 inches. So they come down here, they would raise the seawall, go the length -- the entire length of the house, and then bring it up to 18 to 20 inches and backfill behind it. They would -- certainly would have to be engineered to meet the requirements in regards to the construction of the house or the construction of the wall, and they could backfill behind it, and we have no prohibition again that. COMMISSIONER COLETTA: Okay. And my -- MR. SCHMITT: So the alternative may be worse than the -- COMMISSIONER COLETTA: And I can't be the judge of that. Page 230 May 24, 2005 Commissioner Halas will when he gets the mike back, tell me what that would look like. The other question I got, and I'll give this up after this one, the planning commission was split on this a little bit. There was six for it. How many against, was it? MR. SCHMITT: Six-three. COMMISSIONER COLETTA: Okay. What were the three opposed to it for? Did they give any reasons? MR. SCHMITT: Basically as I recall, pretty much the issue of having asked for a variance again. Mike, do you recall? MR. BOSI: At the time when they made the motion, the opposition did not expound upon the conditions. Earlier in the proceedings, the simple statement of not -- of not wanting to grant a variance and set a precedent in the area were the only reasons alluded to for the opposition. COMMISSIONER COLETTA: Then let me ask the question just a little differently so I've got a better feel for what the planning commission was trying to do. When variances come forward to the planning commission, is it usually a 6-3 split? MR. SCHMITT: No. Each variance, again, is a separate issue. COMMISSIONER COLETTA: So they were treating this as a separate issue? MR. SCHMITT: But they were -- it's a separate issue. But, again, they were looking at this from the whole. And this goes back to several of the problems we've encountered up in the Vanderbilt Beach area when we began to review all the encroachments into the rear yards setbacks. This is one of the homes that was caught, and certainly the petitioner has every right to come to the board and ask for a variance, and I'm not -- I'm not going to deny that fact, they certainly do. I Page 231 May 24, 2005 think the planning commission was somewhat expressing maybe their frustration over the fact that, here's another request for a variance. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yeah. I just want to read into the record here -- and this is on page seven, and it's about the third paragraph down. Building permits were approved that showed incorrect setbacks, as was the spot survey that also showed the incorrect setback. The contractor proceeded to construct the pool and screen enclosure in accordance with the approved plans. And this is the most important statement, I think. The contractor also has a responsibility to ensure that the plans submitted are accurate and reflect the correct setbacks; therefore, it was in our land development code in regards to the height and the setbacks in relationship. And so I think that there's where I stand, is that the builder has a responsibility in regards to making sure when he builds a structure, that he is in accordance with all the land development codes in Collier County and in that particular area. CHAIRMAN COYLE: Okay. Are there -- there are no public speakers. Do we have any other questions from commissioners? COMMISSIONER FIALA: Yes. Commissioner Coletta asked Commissioner Halas what he thought it would look like. I would love to hear that answer. COMMISSIONER HALAS: Well, when you add the I8-inch cap to the seawall to bring it in accordance, that's just circumventing the real problem. I think what they need to do is, I think the builder needs to step up to it and maybe come up -- I'm not a builder, so I would think that there would be a lot of options that might be available. Maybe if they can set the wall in a little bit closer to the house. I'm not sure how the pool fits into this equation. But as I said, I would think there would be some options that should be open. Page 232 May 24, 2005 MR. SCHMITT: Commissioner, in this case the only options would be, one, is put the cap on the seawall and backfill or lower the CHAIRMAN COYLE: Tear it up. MR. SCHMITT: -- lanai. Yes, tear out the pool and lower it to 18 inches. COMMISSIONER HALAS: Well, not the whole lanai. You could just -- could set it to whatever the setback has to be and lower it. MR. SCHMITT: Well, in actuality, I mean, you would have to rebuild the whole pool. So I just -- so you understand that. CHAIRMAN COYLE: Okay. Any further questions by Commissioners? Is there a motion? MR. LEWIS: If I may-- CHAIRMAN COYLE: Okay. MR. LEWIS: -- just address a few of those comments that were made on behalf of our client. The first question was relating to the status of the property. There was no home on the property when our clients purchased the land. It was vacant. Secondly, the building permits were pulled by different contractors. It wasn't the same contractor. There was a pool contractor, there was a contractor for the screen enclosure, there was a contractor for the home. I just confirmed that with -- you can have staff confirm it as well, but there are different contractors. It's not novel or unique to have a pool contractor pull the contract for the pool, or the screen contractor pull the contract for the screen. That doesn't give any advantage to the homeowner to the extent that in today's environment, the applications that were submitted for the pool, they would have to show the vertical elevation. I would like to respond to Commissioner Halas' read of the record on page seven where the staff reads, the building permits were Page 233 May 24, 2005 approved and showed incorrect setbacks, as was a spot survey that also showed the incorrect setback. I want to make the record very clear that that is not facially what it purports to say. If you look at the actual survey that was submitted -- and I have a copy of that that I can put up on the screen -- the setbacks were correct. There was no incorrect setback in relation to the side-yard setback or the rear-yard setback. What was omitted or what was missing was the vertical that -- the spatial requirement between the top of the pool deck and the -- COMMISSIONER HALAS: But it was in the land development code. MR. LEWIS: No, you're correct. But I want to make sure it's accurate. No, we all agree that at the time the building permit was submitted or applied for by our client, that there was no submission of the vertical elevation between -- or the separation between the top of the seawall and the top of the pool deck. The plans were -- the survey was accurate, and there was no mistakes or inaccuracy. It omitted that requirement in relation to the vertical. This is a copy of the provision in the land development code. And for those of you who are not lawyers, many times the code is very difficult to understand and digest. And the requirement that we're talking about here is really in the form of a footnote. If you look at the setback requirement for waterfront property, it's a 10- foot rear-yard setback. And it is -- it is -- there's a footnote, and you have to look at the footnote. You know, and I understand that, and I'm not -- I'm not going to stand before you and indicate that there was some error on the part of U.S. Homes. But if you look at your planning commission -- or the staff report and the testimony that was given before the planning commission, there was acknowledgement of error on the part of the county in failing to request the setback. Page 234 May 24, 2005 That position, that policy's changed. When a party comes in before the -- to pull a building permit, they're now required to show that on the survey. And had that been done, we could have addressed the issue either by raising the seawall at the time, lowering the pool deck. Now the improvements are in place and we have an economic hardship. COMMISSIONER HALAS: So you're telling me -- what you're telling me, the bottom line is, don't hold me accountable with the land development code as -- if I'm the builder of a home? MR. LEWIS: No. What I'm telling-- COMMISSIONER HALAS: Yes, you are. MR. LEWIS: -- you is, I'll acknowledge that there is an accountability, but at the same time, in the spirit of cooperating with -- the government cooperating with the community, when we -- as we do now, when an applicant comes in, there's a verification. If you're going to impose a setback, then tell us what's wrong with the building plans, tell us what's deficient, and then we can correct the hardship -- the problem before we have a hardship, before we sink dollars into the project. And so we're just asking you for cooperation. N ow I understand, putting all that aside, what we're left with now, we have a property, that I think you've seen the pictures, that the neighbors are not opposed to. There's been no opposition. There's the two neighbors that have given support to keeping the property as is. If the applicants -- if the application's denied, then we're left with lowering the pool deck about 18 inches and creating a step down, that's one alternative, or we're left with the option of raising the seawall, and that's what we have before you. We're asking that you consider the request. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: It's my understanding when you ask for a permit or, in this case a pool, is our staff takes a look at the -- Page 235 May 24, 2005 our law, the Board of Commissioners, see if it conforms to it. And you got a building permit based upon the plans that you submitted for the pool, correct? MR. LEWIS: That's correct. COMMISSIONER HENNING: So I see what you're saying is, it's kind of dual responsibility. MR. LEWIS: It helps. It helps to cooperate. And I'm not trying to put an agtig (sic) in it, but I think your record needs to be clear, there is absolutely no evidence whatsoever -- this is not a case where there was a blatant misrepresentation or deception. What we're talking about is trying to work together to avoid putting these kinds of dollars into projects that ends up in resulting in a real hardship. COMMISSIONER HENNING: In all reality, what you're going to do in this case is raise the seawall. And I mean, if it was my home, I would do that. I wouldn't tear out the pool to lower it and conform to the board's rules. You could conform to it by raising the seawall. And, of course, we kind of took a look at what happens around the neighborhood. I'm not sure if the neighbors, or the neighborhood would want that kind of visual aesthetics, but I guess I'd have to refer to the commissioner of the district, if that's what -- obviously that's going to be the solution. Is that what's acceptable to the neighborhood? MR. LEWIS: It's been in place for two and a half years. We haven't had any issues with complaints. COMMISSIONER HENNING: And what was the big deal? I mean, it was all done. And two years later, what happened? MR. LEWIS: Well, it's been in place two and a half years. In '03 there was the code violation that was issued on the property, and here we are today. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: Was there a motion-- Page 236 ~._- May 24, 2005 COMMISSIONER HENNING: No, I didn't hear a motion. CHAIRMAN COYLE: I don't -- well, I'll leave that up to Commissioner Halas. COMMISSIONER HALAS: I'm not going to make a motion on it. I'm just telling you where I stand on it. You know, and we're going to have a number of these come back, and so, you know, then what we're going to do is even make the problem even worse because we're going to just keep adding concrete block instead of having engineering requirements in regards to raising the seawall. So all they do is, to get around this, is to end up putting cinder block on it. CHAIRMAN COYLE: One thing that we did not do, Commissioner Coletta was absent when we had our ex parte disclosures, and I'm going to let him make his ex parte disclosure now, and he can enter into this discussion. COMMISSIONER COLETTA: Fine. I appreciate that, and I'll try to be brief. CHAIRMAN COYLE: Start the timer, please. COMMISSIONER COLETTA: Meetings. I had some meetings with the petitioner. That's it. Thank you. CHAIRMAN COYLE: All right. Thank you very much. COMMISSIONER HALAS: I'll make a motion for denial on this. CHAIRMAN COYLE: Okay. Motion for denial by Commissioner Halas. Is there a second? COMMISSIONER COLETTA: I'll give him a second. CHAIRMAN COYLE: Okay. Commissioner Coletta as the second. Any further discussion? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: There's nobody here Page 237 -~^._- May 24, 2005 representing the neighborhood, and of course, Commissioner Halas represents the neighborhood. And if this is going to be, like he stated, the proliferation along the walls or the waterways, is it -- what do you think the neighbors would think about -- COMMISSIONER HALAS: Well, I've been after staff for two years now to come up with an LDC amendment to address this, and it hasn't come about yet so, one way or another we've got to -- we've got to end what you just see here on -- this is another home that is in the Vanderbilt area, so you can see here they must have at least a four- foot extension of the seawall. And as you can you see, all it is is a cement cap. It doesn't have anything to do with the integrity, or the structural integrity of the seawall itself. COMMISSIONER HENNING: Just conforms to the land development code. COMMISSIONER HALAS: Just conforms so that they can get around and -- get around the idea of a setback so that you can even increase the size of the home on the footprint of the land. CHAIRMAN COYLE: The -- if I could make an observation. You see from a practical standpoint, or at least right on this particular house -- not the one we're looking at now, because this isn't the house that's under consideration -- but from a practical standpoint, our choices are these, deny this and they're going to put an 18- inch extension on the seawall, which is likely to look worse than the structure as it is right now. If we were to require that they put in some additional vegetation around that raised pool deck, it might actually look better than the alternative of forcing them into putting in a higher cap on the thing. Now, if we had the prohibitions against the cap, I would agree, I think, with Commissioner Coletta -- Commissioner Halas, because you've got to put a stop to these at some point in time. You can't just keep doing this. But when they've got an alternative that could be a more Page 238 .^".~--- May 24, 2005 unsightly alternative than the current situation, I think we have to act in the best interest of the community and try to keep it as pleasing as we possibly can. And I don't know if requiring additional vegetation around the base of that wall would solve that problem for you and the neighbors. What do you think? COMMISSIONER HALAS: Probably, that would probably solve the case. But we had a case in point, and I guess I've established my criteria, and I'm telling you where -- I'll tell you where I'm coming from. That recently we had another situation where somebody also built a pool and needed a 14-foot variance, if you remember. And I'm sure there's a couple of more that are going to be coming before us. And I've pretty much taken a stand, and it's my own stand in regards to that, some way or another we have to make sure that the builder is accountable for his actions. I'm not sure how we can go about doing that. And as you can see, we've got a couple of other ways of looking at that. So you, my fellow commissioners, you vote the way you feel you need to vote, okay, and I'm going to vote the way I'm going to vote on this. So I understand where you're coming from. But I just feel that there's some issues out here that not only in my area are these prevalent, but I believe in other areas that are going to be redeveloped in other commissioners' districts, they're going to run across the same problems. And as soon as we can address all of these little issues in the land development code, it's going to be a lot easier on all of us in regards to when these come forward, then there's not going to be any loophole open. There's going to have to be real accountability to make sure that we follow the land development code. Dot all the I's and cross all the T's. Page 239 ---..-.-...,,,,..- May 24, 2005 CHAIRMAN COYLE: I would agree. Commissioner Fiala? COMMISSIONER FIALA: Yes, I totally agree. And I think we ought to have a plan in place, not only for those that rip a place down and put a new one up, we should have a code for that. Those that have already been built and maybe have to come back to us, you know, you don't want to just give away the house because they've come in, and you don't want to -- every time somebody comes along and builds it a little bit wrong, maybe -- whether it be purposely or not, you don't want to give them the store, and yet at the same time, there are instances where you don't want it to look unsightly in the neighborhood. So I think we need to do something about discussing this at maybe like a workshop or something, come up with a plan and get your LDC in place. COMMISSIONER HALAS: Well, I can always see where somebody's going to make mistakes that are going to encroach an area offour, five, maybe six inches, eight inches, but when you make something this blatant where it's 18 inches above what it should be, and it was already written in the code, and the person who built the pool didn't take that into account, or if there was some questions, I'm sure he could have went to staff, even though it wasn't required on the print, but it's pretty clear in the LDC at that point in time what the elevation limits were and what you had to do to address those limits. CHAIRMAN COYLE: We have a motion on the floor. Commissioner Coletta, are you still wanting to discuss this? COMMISSIONER COLETTA: Yes, I do. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER COLETTA: I really do. I just wanted to make sure that I understand exactly what we're doing here. They only have to put a cap on there, and both neighbors on each side had no objection before, might have an objection now. Once that cap goes on, Page 240 _._~ May 24, 2005 they made it, we change the ordinance in another year, and they're grandfathered in. COMMISSIONER HALAS: Yep. COMMISSIONER COLETTA: So we've got a situation here that's really a no winning situation. I'm going to keep my second in place. I'm putting this burden on you. I'm sorry, I'm going to do it. It's your district, it's what you feel comfortable with, your residents are going to feel comfortable with, it's just that I think it's going to be unsightly as anything, and I'm a poor judge of architectural character, I'll tell you that. But if you want to keep the motion in place, my second remains, and you're assured of the fact that they get denied the petition and the wall goes up 18 inches, they're home free. CHAIRMAN COYLE: Well, not necessarily. It has to -- MR. SCHMITT: May be the stalemate. Just to put everybody to rest, I mean, there are -- there are processes in place now to prevent this. I mean, you're just not going to have any future issues regarding examples like you have here. But what Commissioner Halas is saying, there are those that we know of that we caught in 2002. This one was from 2001. Processes are in place now to prevent it. What you're dealing with now are -- CHAIRMAN COYLE: Okay. But there still are some out there that you're going to catch. MR. SCHMITT: You're going to see another one here in probably two weeks, three weeks, about a month, another one. CHAIRMAN COYLE: Oh, that's encouraging. COMMISSIONER HALAS: And there'll be another one after that probably. MR. SCHMITT: If you recall, we had about 22 that we discovered when we did a thorough review. Code enforcement went out and did a thorough review of the entire Vanderbilt Beach area. I believe we've got that down to about 13. Some are being corrected, Page 241 ..~..'"-'-- May 24, 2005 but you're going to see some more of the variances coming in. CHAIRMAN COYLE: Well, I don't want to belabor this point too long. We do have a motion on the floor. I'm going to call the motion. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: All opposed, by like sign. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. So it fails 3-2 with Commissioner Coletta and Commissioner Halas in the minority. Now, is there a motion for approval with some conditions with respect to this? COMMISSIONER HENNING: I'll make a motion to approve with -- what have we got for the trees; are they 30- foot on center? CHAIRMAN COYLE: Yeah. You could go with something lower just to cover that foundation. COMMISSIONER HENNING: Yeah. To have a vegetative landscape buffer of a hedge to cover that stem wall of the pool. And, you know, I would hate to see -- the reason I'm making a motion for yes, I would hate to see them raise the seawall, because it's not going to be good for the neighborhood. COMMISSIONER FIALA: It could be a thickly planted hedge, right? COMMISSIONER HENNING: Yeah, native hedge within our land development code as far as the plant species. MR. LEWIS: Our client would be amenable to bring the hedge in there to create that buffer. COMMISSIONER FIALA: I'll second that motion just because I'm afraid of what would happen to the neighborhood if we didn't do it Page 242 "'...--.----,..- May 24, 2005 this way. CHAIRMAN COYLE: Okay. Any further discussion? All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Commissioner Halas is dissenting, and the motion passes. COMMISSIONER FIALA: You know, we've got to come up with a plan -- CHAIRMAN COYLE: You're right. There's got to be some -- COMMISSIONER FIALA: -- before we have 22 more coming in here. CHAIRMAN COYLE: -- penalty. Yeah, there's got to be some penalty. There's got to be some pain somewhere. COMMISSIONER FIALA: Yeah. Twenty-two more coming up? Geez. MR. MUDD: Thirteen more. COMMISSIONER FIALA: Thirteen more? MR. MUDD: Yeah. They got 11 or so resolved. Item #7B V A-2004-AR-7005; WALDEMAR BOKRAND OF GOLDEN GATE IMPORT EXPORT, INC., REPRESENTED BY DAVID MCKEE OF CONSUL-TECH DEVELOPMENT SERVICES, INC., REQUESTING A VARIANCE TO REDUCE THE LANDSCAPE BUFFER REQUIREMENT BETWEEN USES IN A PUD FOR A VARYING WIDTH FROM 10 FEET TO 1 FOOT FORA TOTAL Page 243 _~~_^'_"_""'__""_"'~"___'.~"_L"~~___"'·_ May 24, 2005 DISTANCE OF 101 LINEAR FEET ALONG THE SOUTH PROPERTY LINE. THE SUBJECT PROPERTY IS LOCATED IN THE DON CARLOS SUBDIVISION OF KINGS LAKE PUD, SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - MOTION FOR DENIAL - APPROVED Commissioner, that brings us to the next item, which is 7B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's variance 2004-AR-7005, Waldemar Bokrand of Golden Gate Import Export, Inc., represented by David McKee of Consul-Tech Development Services, Inc., requesting a variance to reduce the landscape buffer requirement between uses in a PUD for a varying width from 10 feet to one-foot for a total distance of 101 linear feet along the south property line. The subject property is located in the Don Carlos subdivision of Kings Lake PUD, Section 7, Township 50 south, Range 26 east, Collier County, Florida. CHAIRMAN COYLE: Okay. Will all those people who are going to provide testimony in this hearing, please stand and be sworn In. (The speakers were duly sworn.) CHAIRMAN COYLE: Okay. As far as ex parte disclosure is concerned, Commissioner Halas? COMMISSIONER HALAS: I've just -- I've had -- this is what now,8B? CHAIRMAN COYLE: 7B. MR. MUDD: 7B. CHAIRMAN COYLE: 7B. COMMISSIONER HALAS: 7B. I've had correspondence, and I've also talked to staff members on this. CHAIRMAN COYLE: Okay. Commissioner Coletta? Page 244 ,..".".....-.....-.--- r _.,~.,.,..._....."~".,~,._."..,- May 24, 2005 COMMISSIONER COLETTA: Yes. I had correspondence, and I ran into Mr. Waldemar at the Publix market back about a week ago, and we discussed it there, and also, too, I have had two phone calls. CHAIRMAN COYLE: All right. COMMISSIONER COLETTA: And staff, too. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I spoke to the county attorney, and then I received some e-mails and letters on this topic. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I received calls. In many case I didn't get to talk with the people, although we talked to each other's answering machines, I did talk with one lady. I went out to see the property, and I walked the property, which was an eye opener, and talked with staff about it, received a lot of e-mails, and they're all here in my folder. CHAIRMAN COYLE: And I have received telephone calls and correspondence from concerned citizens, and we are ready to go. Go ahead. MR. McKEE: Good afternoon. For the record, my name's Dave McKee with Consul-Tech Development Services. As indicated, our request is to allow a reduction in the landscape buffer along a portion of the south side of Don Carlos subdivision within the Kings Lake development to allow a reduction from 10 feet down to one foot, to allow an access drive to be constructed. I want to point out that actually 61 feet of this already exists. The area that you see here is an existing driveway that's in place that serves these four existing residential units. As part of this variance request, Mr. Bokrand is also wanting to build six additional town homes here, four additional town homes here. We would add an additional 41 feet in this variance area that would be within that 10- foot buffer to allow the driveway to curl up and serve these four units, and also provide access to a parking lot up here. Page 245 +-'--""~-"--^-'- May 24, 2005 This variance is required due to the fact that the original PUD on this property, ordinance 82-52, did not address landscaping, and the development plans, based on what was built both in the Dan Carlos Subdivision and the adjacent Greenwood Village Subdivision did not require any buffer. Greenwood lies to the south. I think a picture's worth a thousand words. I'll give you an aerial view of this. CHAIRMAN COYLE: Boy, that's worth a thousand words. It's upside down. MR. McKEE: Once you -- once you take a second to look at it, I think you'll understand it a little better. These are the four existing units here, and this is the driveway that presently exists. This is the Greenwood Village area. Weare asking that this driveway be allowed to stretch along this particular area in this open space and then curl up around and serve the homes that are here. COMMISSIONER HALAS: What's the -- the green colored homes? Are they in -- within this -- confines of this -- or is this another village? MR. McKEE: On this side? COMMISSIONER HALAS: Yes. MR. McKEE: That's part of Kings Lake Estates also. That is the property known as Steeple Chase of Naples. COMMISSIONER HALAS: Okay. MR. McKEE: That is, again, part of the overall PUD for Kings Lake. The current 1991 land development code requires this 10- foot buffer, and that's why the development -- that's what the development would technically have to adhere to, given the contemplated development plans, and that's why we're here asking for the variance. Obviously, when you bring a new development or an existing development up to -- or add to it, you have to bring it up to the current standards. Page 246 ^.....--- May 24, 2005 I'm going to try to show you a series of photos that Mr. Bokrand took of the area just to try to give you a better feel for what he's planning to do. This is the area looking back at the four-plex that's currently there. This is the existing driveway. And this, again, is where he proposes to run this driveway along the hedge that exists here. You can see that this is a wide open area, and this is one of the reasons why he wanted to take this route to put this driveway in, and we'll talk about that a little bit more in a second. Now, I know that this board put some emphasis on what the planning commission does when they look at these things, and I'm not going to pull any punches. We got shot down badly here and didn't get one vote. So I'm going to give you a justification why we think the variance should be approved and also talk a little bit about why we think the planning commission denied it and why we think there's some reasons to turn that around. This is an existing condition, as I indicated. There is already 60 feet there of -- that impacts the 10- foot landscape buffer. We're asking only for another 41 feet. It's not inconsistent with the adjacent property in that they don't have a buffer there either. This is a picture looking down that sidewalk. This, again, is the four-plex. The property line actually lays right at the edge of this bush. This sidewalk, for much of its distance, is also only three or four feet off the existing property line. So neither Greenwood Village nor this property Don Carlos, have that 10- foot landscape buffer that's now required by the current code. There were some comments made by the Greenwood Village people that they were built after Don Carlos. That is not true. Greenwood Village went into place first, so Greenwood Village actually had their development in place. Don Carlos came in after that point. And, again, they kind of mirrored it. They did not put in the Page 247 May 24, 2005 10- feet buffer. We've done some preliminary work on this. We got approval from the fire department for this particular site plan that you saw earlier. It has met their requirements for turn-around, and we do have a sign-off on it. We now have a letter from the Kings Lake Homeowners' Association -- this was written to Commissioner Fiala -- that indicated that they are now in approve -- they favor the proj ect, and I can put this into the record, but I believe you have a copy of it in your files already. So the overall Kings Lakes Development is in favor of this particular proj ect. We also think that this particular layout and the need for this variance to the 10- foot easement provides the least impact or creates the least impact to the overall area as far as development. This is an aerial view, looking, again, down on the four existing units, Greenwood Village. This is Steeple Chase. The planning commission had asked us to look at putting the road in on the north side of these particular units. You can see here that that is very heavily treed and vegetated, and one of the reasons that Mr. Bokrand put together the site plan he did was because this is a wide open area that would allow this driveway to curve in here, and all you're impacting is open space. If you put the road on the north side, like the planning commission suggested that we do, you can see how much vegetation you're going to take out. This picture -- this same picture shows it from the other direction. Again, you're looking, you can see how much vegetation would have to be taken out through this particular area to put the roadway on the north side. COMMISSIONER FIALA: Aren't the other houses going there that you just showed in the picture? MR. McKEE: No. The other houses -- let me go back to the Page 248 ,_.._....,..~-<>-- May 24, 2005 original site plan. What we would do under a revised plan, if we routed the road along the north side, is we would push these units down, put the road in here. We would take out the pool and all the vegetation and everything that sits in this particular area. Some of these trees would come out, yes. But we feel the area around -- around this is going to be protective a little bit more. Of it will come out, yes, but not all of it. We feel it's less of an impact. One of the things that the current ordinance does or has in place for this particular project is that Mr. Bokrand is allowed to build 17 homes based on the number of units that are left in this PUD. He's proposing to build only 10, and he's proposing to build a townhouse type layout, much like the four units that are in there. He would have the ability to come back and do 1 7 less expensive condominium units, if you will, on this site and stuff them in. He can go three stories high, 30 feet. He would prefer not to do that. He would prefer to go with 10 townhouse units that are of higher value, and therefore, it would keep the value of the overall development a little bit higher. And that's one of the reasons that he's also pushing for this particular variance so that he can lay these out the way he's got the site plan currently proposed. Now, there were a number of issues with the planning commission that we object to somewhat. We don't feel that we had the chance to address them, and so we've done a little bit more homework since that planning commission hearing. One of the issues was that they felt we had a self-created hardship here due to the fact that this land at all -- at one time was all under unified control and it was split off so that there could not be room for a buffer to be put in there. We searched the property records and did not have a lot of luck understanding exactly how this piece came to be subdivided, but we did get a record -- a letter from a gentleman named Rolf Boehringer, Page 249 .~_._,_.-,.,-- May 24, 2005 who was the original owner of this piece that's -- where Don Carlos sits. He writes, hereby, I, Rolf Boehringer, previous owner of Don Carlos, certify that I was never the owner of any of the bordering properties now consisting of the Steeple Chase of Naples, Greenwood Village, or Kings Lake Woods. So I don't believe that the planning commission's position that this was a self-created hardship by the fact that the land was subdivided is an accurate statement. This piece has alway existed, more or less, as an individual partner, or piece, and Mr. Bokrand did not create this problem by himself. As I indicated earlier, the planning commission suggested flipping the site and running the road on the north side. One of the problems with that that I want to point out is that there is the piece to the north that one of you mentioned earlier. If this road were to run through here, that road legally could be within 27 feet of the lanais of those back units. If you look at the potential impact, if you want to call it an impact to the Greenwood Village, there is the side of one building only that's impacted, and the closest we'd get to that with our roadway is 33 feet. You will notice, too, that this is not a residential side. There are not lanais here like there are in the Steeple Chase area. Basically you've got a bank of air-conditioning units on that side of that building, so that we feel the impact, if there is any, is very, very minimal, and that's why this road should be utilized. The planning commission raised the issue that the original development should have had a six-foot buffer based on ordinance 76-30. A review of that ordinance -- and it was a little tough to get off-line, it's quite slow -- but it -- number 20, which is the landscape buffer area in the original ordinance back in 1976, says the use of properly planted and maintained buffer areas may reduce and ease Page 250 r-,. ..__.......~,m ---.,.......-.- May 24, 2005 potential incompatibility between or among uses -- among different uses of lands in proximity to each other. So if you take this at its face value, there was no need for a buffer. There was not that six-foot buffer that the planning commission thought there might be there. And, again, the development plans bore this out in that neither Greenwood Village nor Don Carlos had that buffer. The Greenwood Village residents during their testimony that the planning commission heard indicated that this construction would decrease the value of their particular property. Again, we did a little bit of research on values. I know that economics don't necessarily come into these things, but I do want to make it clear that what Mr. Bokrand is trying to do here is something that we believe will enhance the values. Although there is no commitment that he can make in the public at this stage, he has indicated that he expects these to be in the $500,000 range. The last home -- the last unit sold in Greenwood Village sold in October of 2004, and the price on that was only $174,900, so we don't feel that we're going to be hurting the value of the Greenwood Village properties in any way, shape, or form. The Greenwood Village residents indicated that the variance would allow these new buildings to be built on top of theirs. Again, this is not the case. The only reason that we're here for is the variance on the -- on the 10- foot buffer. We're not asking for any setback changes whatsoever or any variances on that. Just in closing, I realize that this is kind of a small matter in regard to all the things you've talked about today, but Mr. Bokrand feels very strongly about this particular development. He has been working in Naples for a long time and has built over 250 homes within this community without a problem. He feels that what he's doing is good for the overall Kings Lake Subdivision, and he would like you to reconsider this, even though the Page 251 May 24, 2005 planning commission looked upon this unfavorably. He would like the opportunity to speak later, as I would, if there are any questions or comments. Thank you. CHAIRMAN COYLE: Do we have any public speakers? MS. FILSON: Yes, sir, we have six. CHAIRMAN COYLE: Commissioners, do you have any questions of the petitioner? (No response.) CHAIRMAN COYLE: Okay. How about staff? MS. WILLIAMS: Good evening. For the record, my name is Heidi Williams, principal planning with zoning and land development reVIew. I think that the petitioner did a very good job explaining the project, so I will keep my comments fairly brief. The planning commission did vote unanimously to recommend denial of this petition. Staff review did find that the variance request could comply with the land development code. There are four stipulations in the staff report that are recommended, and you can read those. I'll -- I think the most important one is that every other aspect of this site will be required to conform to land development code standards, and the second most important is probably that all plant material that would be displaced by approval of a variance be required to be planted on the same impacted side of the property on this south side. I'd be happy to answer any questions. CHAIRMAN COYLE: Commissioners, do you have any questions? Commissioner Halas? COMMISSIONER HALAS: Actually, this piece of property was developed and then this individual bought this property. I would think that, being a businessman, that he would look at this to see if there was possibilities of being developed without encroaching into the setback area here, or this buffer area that we're talking about. Page 252 May 24, 2005 I'm not sure it's the obligation of the commission here to find a way for this gentleman to see how he can development his property. I think that he should be a little more creative and see if there's other designs that he can work with without the encroachment of his buffer area. That's my concern. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. You said it could comply with the land development code? What did you mean by it could comply? MS. WILLIAMS: If granted the variance, the road could be extended, and the conceptual site plan could then comply with all aspects of the land development code. COMMISSIONER FIALA: Could you tell me how wide that little road is? MS. WILLIAMS: An estimate would be approximately 20 feet. It would be required to meet the standard width for a driveway. COMMISSIONER FIALA: But it isn't that now, right? MR. McKEE: Yes. COMMISSIONER FIALA: It is that now? It is 20 feet? It looked -- I drove down it, and it looked very small. I didn't know how -- you know, if you've got a garbage truck in there, you extended it, I didn't know how it would get past that area, or a fire engine or -- the property is very small. It doesn't -- you don't show the end of it here, but I thought it was -- it would just like squish these places in there. MS. WILLIAMS: One aspect of the original variance request, there was additional length requested for the variance, and that was to accommodate an emergency vehicle turn-around. Staff could not -- did not feel that that portion of the portion request could be supported, and the applicant subsequently amended their request to show this turn-around area as a stabilized and sodded location for turn-around of vehicles like an emergency vehicle or a garbage truck. At this -- at the time of site plan review, the applicant would be Page 253 .,--- May 24, 2005 required to explain how -- what method of utility and trash collection they would expect to have on the property. COMMISSIONER FIALA: My last question for this moment would be, these other ones that are existing in like the middle of the property, did Mr. Bokrand build those, too? MS. WILLIAMS: I don't believe that he did. They were on the site when he purchased the property, and they're held under separate ownership. CHAIRMAN COYLE: Okay . We're going to break after the next question by Commissioner Halas. For 10 minutes. Commissioner Halas? COMMISSIONER HALAS: You're still looking -- the applicant is still looking for a 101 linear feet variance; is that correct? MS. WILLIAMS: Yes, that's correct, and like-- COMMISSIONER HALAS: This isn't like 10-foot length. This is 101 foot? MS. WILLIAMS: It's 101 total feet, and a portion of that is already constructed roadway. COMMISSIONER HALAS: So he's not in compliance at the present time then? MS. WILLIAMS: His site plan was approved and it was constructed according to the approved site plan at the time. COMMISSIONER HALAS: But now he has to come up to the code standards that we have in place today? MS. WILLIAMS: Further construction would require a site plan that met all code. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. We're going to break for 10 minutes. We'll be back here at 6:15. (A brief recess was had.) CHAIRMAN COYLE: We're back in session. MR. MUDD: Ladies and gentlemen, please take your seats. Page 254 .-.---.-,----- May 24, 2005 Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. We're back in session. Let us continue. Commissioners, do you have any other questions concerning this issue? Okay. We have-- MS. FILSON: Six. CHAIRMAN COYLE: -- public comment. Okay. MS. FILSON: The first one is-- CHAIRMAN COYLE: I'm sorry? MS. FILSON: Go ahead. CHAIRMAN COYLE: Okay. Each person will be limited to three minutes. Please don't be repetitive. If you don't like it, just tell us you don't like it. If you do like it, tell us you like it and why, and then we'll proceed with the hearing. So call the first two speakers. If one will go to this podium, and one go to that podium, we can keep it flowing fairly well. Give everybody a chance to speak. MS. FILSON: The first speaker is Yvonne Bokrand. MS. DONATELLI: I was wondering if I could possibly speak later because I may not need to speak, and I don't want to be redundant if they say what I wanted to express. CHAIRMAN COYLE: How could I turn down an offer like that? MS. FILSON: The second speaker is the same case. Waldemar Bokrand. CHAIRMAN COYLE: Okay. MS. FILSON: So you're going to let them be last? CHAIRMAN COYLE: Well, I might not let them speak, but we'll see. MS. FILSON: Nancy Payton. She'll be followed by Lynn Reese. COMMISSIONER COLETTA: This isn't a gift, is it? Page 255 -."-..-.-....".--- May 24, 2005 MR. WHITE: I know there's going to be issues about gifts. CHAIRMAN COYLE: You're not trying to bribe us, are you, Nancy? MS. PAYTON: With a 49-cent ruler, I hope not. Nancy Payton, and I'm here representing myself today. I live in Kings Lake. I live in Bristol Square. And Jim, if you could put the map up for me, I'll show you, because I do live close to this site. This is the site in question, and I live over here in Bristol Square. I just live across the lake, a short distance across the lake. And I'm here today to support my neighbors, who you're going to hear after me, my friends, and my dog walking buddies. I live in Bristol Square, Kings Lake, because it's an established neighborhood, it has deep setbacks, it has significant opened space, it doesn't have fences between communities. It is a community that interacts. What you have today before you is a petition to reduce the minimum buffer of 10 feet to one foot, and that's why I brought the ruler to show you 12- inches, and really, that's no buffer at all when you think about it. It's not a -- compatible with the surrounding neighborhood, and it's akin to putting 10 pounds of flour into a five-pound sack. It just doesn't fit on that small space. COMMISSIONER HALAS: How about other -- CHAIRMAN COYLE: It's called a blivit (phonetic). MS. PAYTON: We've heard today that it may be a self-imposed hardship, that it's known and it's acknowledged in the staff report that this is an awkward piece of property with limitations that were known when the gentleman, the petitioner, purchased it. Ifhe didn't know that, he didn't do due diligence, and shame on him. Again, the ruling that's the buffer that they're requesting. I wanted to comment on the Kings Lake letter, that at the annual meeting of which Commissioner Coy Ie, you were there, that Page 256 . ._^._'_..._._~'-- May 24, 2005 afterwards there was a meeting of the board, and at that board meeting there was an appeal to become involved in this issue and to take a stand. And I was told, because I made that appeal, I was told, quote, little lady, that's not of our concern. Now I find out there's been a meeting, they've taken action, and those of us who were concerned and opposed to this variance were not consulted, were not invited to come and present our point of view when the petitioner presented her -- his. So I think you need to know that, that there's history and something lacking in that letter. Also, the issue of it's either 10 units or 17 units, I'm not sure that those 1 7 units isn't a bad idea because I haven't seen the site plan, and neither have you. And that implication that 17 units would be cheap units is just not so. And I'll tell you that my condo does not sit on the lake, and one just above it in the next building over sold for a quarter of a million dollars. So condos can bring a great deal on Kings Lake. And being on the lake directly, 17 condos, might not be so bad if it's a compatible use. That's my comments, and I urge you to deny because it is not a compatible use and it's not appropriate for the Kings Lake community. Thank you. CHAIRMAN COYLE: Thank you, little lady. MS. FILSON: Lynn Reese. She'll be followed by Jacqueline Baczenski. MR. MUDD: Is that the way you want it, or you want it like this? Okay? And I'll bring it a little bit closer. How's that? All right. MS. REESE: Right here is the dividing line between Greenwood Village and the property, and the road currently runs right along here, but this hedge is what I'm planning to talk about. Greenwood Village built that hedge after they built their buildings and realized that there was no visual barrier between Page 257 May 24, 2005 Greenwood Village and those four little units in the middle, and this building is the one that is most directly impacted. Contrary to what Mr. McKee said, the lanais of the eight units in this building look directly over. It's not this building here on the end. It's this one right here that all of the lanais look directly into that area. We contacted Dr. Doug Coldwell of the University ofPlorida extension office and asked him what could happen to the vegetation in that hedge if a road came within one foot of that hedge, and his reply was, to whom it may concern, it would be ill-advised to crimp the root system of the eureka palm hedge if it is to remain vigorous and full and continue to serve as a visual screen. This palm is a pretty tough species, but root disruption and soil compaction due to construction will take a toll on any species. Please call if you have any questions. Now, we heard Mr. McKee say that they'll replace anything that is taken down. These eureka palms currently are -- well, I'm almost six foot tall. They've got to be over 12 to 15 feet tall, and they've been there for many, many years. So anything that is replaced would take years to get back to the stage that it is today, and so we would be faced with losing much of that buffer that is currently between Greenwood Village and Don Carlos. So as a concerned resident of Greenwood Village, I ask that this petition be denied. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Jacqueline Baczenski. She'll be followed by Michael Hurley. MS. BACZENSKI: Good evening. My name is Jacqueline Baczenski, and I reside at 2632 Kings Lake Boulevard. I'm here today representing all 112 unit owners of Greenwood Village. We stand united in our unanimous decision to oppose this variance to reduce the landscape buffer from 10 feet to one feet (sic). Page 258 --~._.-----..- May 24, 2005 This lot has been vacant for 20 years, primarily because the original owner lacked vision and put the Don Carlos condos smack in the middle of the lot, this left a postage-sized lot on Kings Lake that has remained vacant mainly because its size severely limits its use. Last year Bokrand Properties purchased this property with full knowledge of its limitations and with full disregard for the neighboring property owners. If this road extension is permitted, it will create a one-way in and a one-way out situation. All vehicles must turn around to exit the lot. Since the lot is so small, provisions have been made to shore up a small patchy grass area so that vehicles can turn around to egress the property. This not only means UPS and postal deliveries, but fire and rescue. Can you imagine the havoc that would be involved should a major fire erupt? One fire truck can approach the building, but this vehicle will block the way for additional vehicles to enter and none will be able to exit. Our safety in a hazardous situation is being severely compromised. N ow I understand a letter is going out to the neighboring property owners, of which I still haven't seen a copy of it, that says, as much as they value our opinions, they are going ahead with the revised plan that would include 17 condominiums in lieu of the proposed up-scale townhouses. The letter states, the 1 7 condos, each in a three-story building can be constructed without any of the perceived hardships that are caused by the currently proposed proj ect. Let me ask you, Commissioners, how come we must go through this legal process for a variance to put up four two-story units on this front lot, but the process is not required to put up seven three-story units on the same small lot? Is this meant to intimidate us? Kings Lake is made up of one- and two-story buildings. All the surrounding condos look similar in sty Ie. Can you envision what a Page 259 ..~"._'_.--- May 24, 2005 three-story building would look like in this area? One point I'd like to make, and I'm rushing through here. Property values. I'm told the three-story units will be valued at $500,000 each and will increase our property values. These are almost double what condos are going for in Greenwood Village. From my experience, and I've got 30 years experience in mortgage banking, not down here, but in Rhode Island, a unit that out-prices -- and I'll go quickly -- a unit that is out-pricing its neighboring market does not bring the market values of the surrounding houses up. It brings that one down. The planning board has already denied this. All we can ask now is that you look at the facts, think about it, and approve -- disapprove the variance and improve (sic) in our Greenwood Village site. CHAIRMAN COYLE: Thank you very much. (Applause.) MS. FILSON: The next speaker is Michael Hurley. He'll be followed by Yvonne Bokrand. MR. HURLEY: Good evening. My name is Michael Hurley. I live at Greenwood Village, at 2590 Kings Lake Boulevard. I am reading a statement signed by our neighbors, the Batistas, since they could not be here. The undersigned, Roy H. Batista and Mary Kay Batista are the owners of the condominium unit in Greenwood Village which abuts the Don Carlos subdivision on the south. The Collier County Department of Zoning and Land Development Review has provided the information that the landscape provisions to which applicants are seeking a variance was first adopted in 1991. We have also been provided with information that the present applicant that took place title to the subject premises in 2004. It is well-established under case law of Florida that owners are deemed to purchase property with constructive knowledge of equitable land use regulations. Page 260 ".- ."~.--_."'-------.- May 24, 2005 In addition, it is virtually inconceivable that an experienced land developer would acquire real estate without due diligence as to the land use regulations applicable to the acquired tract. Thus, in all likelihood, the applicant had actual knowledge of the land use regulations applicable to the subject tract. We would like to call your attention to the case of Allstate Mortgage Corporation of Florida versus the City of Miami Beach, 308 So. 2nd, 629, the Third District Court of Appeals, 1975. The facts of the Miami-based case are remarkably similar to the applicable -- application for the variance which has been filed by the applicant. In the Miami-based case, the applicant for the variance purchased a home which encroached into the rear yard setback. The rear yard setback was 20 feet and the applicant's house was within 15 feet of the rear lot line. The home had been constructed prior to zoning, and the applicant had purchased the home subsequent to zoning. The applicant sought a variance for the further encroachment into the 20- foot rear setback line. In that case the court found that the applicant acquired the property chargeable with knowledge of the 20-foot rear setback and was estopped to assess any hardship created by virtue of a setback ordinance. A copy of the Miami-based case is attached, and I'll give it to you afterwards. In this application, the buffer is a form of setback requirement. There is an existing encroachment into the buffer which applicant seek to further increase. The applicants should be stopped from asserting a hardship of practical difficulty. Any hardship or practical difficulty is self-created by the applicant. The applicant at the time of the acquisition of the property was well aware of the physical characteristics, size, and configuration of the tract. The applicant should not be permitted to rely on a Page 261 --.... ..-..-'----,..-. May 24, 2005 self-created hardship or practical difficulty to support a variance. Thompson versus Planning Commission of the City of Jacksonville. CHAIRMAN COYLE: Sir, could you wrap it up, please. MR. HURLEY: All right. And it just mentions, court of appeals, 1985. Other speakers will address the other issues, and it is respectfully submitted, Roy H. Batista and Mary Kay Batista. And I will give -- who shall I give a copy to? CHAIRMAN COYLE: Yes. Just give the copy to this lady here. MS. FILSON: The next speaker is Yvonne Bokrand. She'll be followed Waldemar Bokrand. MS. DONATELLI: For the record, my name's Yvonne Bokrand-Donatelli, but I am the daughter of the builder. I was asked by the owners of the current Don Carlos subdivision, who were not able to attend, to read portions of a letter and read statements of their concerns. It's written by David and Catherine McCumber who are part-time residents here and live in Iowa part of the year, and it states, we own two of the four ho'mes located in the original Don Carlos subdivision that was built in 1985, and we understand that there's currently some controversy related to a variance for landscaping for the proposed building that is to occur by Bokrand Homes. We are well into the sixth year of ownership. They live there six months of the year and are planning to make it a permanent residence in the future. It states, all of the owners have been informed of Mr. Bokrand's plan and what is about to happen on the ground that he has purchased. We were aware of the variance hearing, and it's in the letter to the Kings Lake Association, copy attached, on our opinion for their information. We did not attend the variance meeting purposely, as we felt Mr. Bokrand had kept us abreast of the variance issues, some of which was already in place as our driveways currently reside in the variance and should have been grandfathered in. Page 262 ~.._'--_._"~ May 24, 2005 All were in agreement that we were told no voting would occur, that there was no need for anyone to waste time in attending. Now we've have been told that there was some objection from the Greenwood Village for some pretty weak reasons, and we being the actual property owners of Don Carlos, need to speak out to voice our thoughts and concerns on the matter. We understand that someone objected to car lights coming up the driveway at night shining in their windows. It asks, have you looked at the property? We have lived there with their cars coming in at night shining directly at us since we have lived there. They don't have garages, and when pulling into their carports on the southeast building to the west, their lights stay on for a period of time, even after they have parked. Then they talk about slamming of doors, talking, and that that is not a quiet environment. It says, our garages and the proposed garages on our property won't let that happen to them with the garage doors keeping the noise down. No matter where the driveway is to be located, speaking about the variance, we still have to get into our garages, and their lights will shine in the dark, as well theirs lighting up our area at night. We feel strongly that the driveway should remain as it is, because it won't change anything with shining lights and locating it elsewhere. Then I'm going to try to summarize some of this. It talks about past experience that they had with a previous owner, that both communities, Greenwood Village, as well as Don Carlos shares, and that the property was not well-maintained, there were varmints, snakes, rodents, things like that, and how much better things are now that Mr. Bokrand has taken that over. It talks about a couple other concerns like that. Then it says, we have been treated like second-class citizens by some to the extent that in one example -- I'll try to be real quick. Speaking about the eureka palms. It states that actually Don Carlos put in the newer section of those to give them more of a barrier. Page 263 -..-.-...".--- May 24, 2005 Even though it's on the other property side, they contributed the finances to put in that section. And so -- just try to sum up, the residents of Don Carlos and some other residents of King (sic) Lakes -- CHAIRMAN COYLE: Very quickly, please, okay. MS. DONATELLI: -- oppose -- okay -- oppose that because a lot of the issues that have been brought up is that the variance is going to change a great deal. The variance is talking about the 41 feet, or the 40 feet, not the 61 feet, and those 61 feet, that property -- the owners, they need to have access to their driveway, and that's not a question, and it seems like that's what a lot of the opposition is to, the driveway that's already existing, and that can't be changed. That was legally put in. There's no other way for those owners -- the owners I'm representing to get that access. And the eureka palms that were addressed, those aren't being called into question. Nothing -- nothing of that will be destroyed. The variance is totally located in a different location. CHAIRMAN COYLE: We understand that part. MS. DONATELLI: Okay. Thank you. MS. FILSON: Your final speaker is Waldemar Bokrand. MR. BOKRAND: Ladies and gentlemen, Dear Commissioner, my name is Waldemar Bokrand. I living for 25 years in Naples. I built over 250 custom homes. I never had a court case and I never had one complaint in the building department. I have a letter from the ex-director of the building department about spot list they call it from building department. We talking here -- we talking here, Mr. Commissioner Halas mentioned -- I had told -- I had to look in before I bought the property. And the Kings Lake -- the Greenwood people told, too, and before I buy it, I have to look in, I can do it. Yes, I have the letter from the Collier County Government about Page 264 -.. --_.~_.-~---- May 24, 2005 the 17 units I'd like to put up or can put up. When I bought the property I made clear I not made a mistake, I can put up 17 units. I know I have to switch this street to the right side. This I can do. Only when I sit together with my engineer and we decided -- this street in already for over 20 year, and there's been no changes with this street, what we having here. There will be no changes. This street never be taken out. It still staying. And when I went now, I can flip -- like the planning commissioner said, what about flipping the development? Yes, I can do it. In this moment I flip development, I have no more public hearing, I have to have nothing. I have to take out over 50 100- foot trees. I have to take out -- the pool is not a pig problem. This is on my property and the street is mine, too. Only in this moment, I put this street in. All the four existing houses have the lanai to the street, and the whole development on Steeple Chase on the right side, this is maybe 20, 30 units, will have the lanai on the street. Ladies and gentlemen from Greenwood, I came to you to talk about you what I'm planning to do. I knocked on three doors, and the first door someone hit the door so hard, I almost hitting my face. The second door, the lady say, I don't know what you're talking. Go to my neighbor. And the third door, the lady said come back from the daytime. Yes, it was six o'clock in the evening, it start to be dark. I like to talk to you. This is the best, what we can do for you all the neighbors. CHAIRMAN COYLE: Thank you very much, sir. Okay. Any questions of the public by commissioners? (No response.) CHAIRMAN COYLE: That was our last speaker, right? MS. FILSON: Yes, sir, that was the last speaker. CHAIRMAN COYLE: Then we'll close the public hearing. Any discussion by commissioners? Page 265 -.._.,~"-----.- May 24, 2005 All right. Commissioner Henning? COMMISSIONER HENNING: The property owner still has the ability to build on a property how he sees fit. That's up to his discretion. There is really no hardship in this case. I'm going to make a motion for denial based upon the land development code 9.04.03, criteria B, E, and F. COMMISSIONER HALAS: I second that. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning for denial, and seconded by Commissioner Halas. Is there further discussion by the commissioners? COMMISSIONER COLETTA: Just, if I could, make a comment. CHAIRMAN COYLE: No. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Thank you. You've got to understand that the way this comes together is that generally variances are granted when there's no objection. They're not a right. They're something that comes by when the neighbors can live with it, and I think that's the reason the planning commission came down the way it did, and probably the way -- the direction the commission is going now. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. 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? (No response.) Page 266 ...-....-..'..--"-- May 24, 2005 CHAIRMAN COYLE: Okay. It carries unanimously. It is denied. (Applause.) Item #11 PUBLIC COMMENTS ON GENERAL TOPICS CHAIRMAN COYLE: We're going to go immediately into public comment because there's one person who's been sitting here all day waiting for public comment. If anybody comes in at the end of the meeting and wants to have public comment, we'll do it again. MS. FILSON: Okay. The public comment person is Nicole Ryan. COMMISSIONER FIALA: She just wants to get home to dinner. MS. FILSON: Five minutes or three minutes? MS. RYAN: Good evening, Commissioners. CHAIRMAN COYLE: She only gets three minutes. You don't need longer than three minutes? MS. RYAN: No, no, and I appreciate you taking this out of order. Good evening, Commissioners. For the record, Nicole Ryan here on behalf of the Conservancy of Southwest Florida. And I'd like to discuss with you an item that you took action on back on November 16th of2004. And at this meeting, during the public comment portion, you were approached by a delegation of representatives from the Marine Industries Association and from the Charter Captains, and they were asking that you take action and oppose the City of Naples' then proposed ordinance for slowing boat speeds in portions of Naples Bay. Page 267 - .~-------...,..- May 24, 2005 At that meeting, even though there was no public notice and no ability for others with, perhaps, differing viewpoints to give testimony, you did go ahead and take a vote. And looking back through the records on what that vote was -- and I handed out a copy of the record -- on page 251, the first motion was by Commissioner Henning and seconded by Commissioner Coletta, directing the county attorney to fight this issue at the city council on behalf of the board, and if city council did go ahead and approve the ordinance, to then draft a resolution to the Fish and Wildlife Commission stating the county's opposition; however, that wasn't voted on. Another public speaker got up, and looking at the record, the motion changed to incorporate his comments. The speaker was Alex Walburn. And the words which were incorporated were, I would ask that you folks be named as an interested party in this and be noticed that they, the FWC, are going to approve it, meaning the slow speed zones, and then at that time make a motion, direct your staff to file for administrative review on behalf of the interest of Collier County, and that was made part of the motion and the second and voted on and approved unanimously. Well, the FWC did go ahead and approve the slow speed zones, but I don't believe that this actually came back to the county to be discussed and a motion made on that. And my reading of it is, the November 16th motion did state clearly that after the speed zones were approved by the FWC, it was supposed to come back at that time for a motion and approval, and that was on page 252. The county attorney's office went ahead and filed a lawsuit. We don't believe that the appropriate direction and authorization was taken to take this step. We believe it needed to come back through the public process and it did not. What we're asking is that this issue be discussed and determined Page 268 May 24, 2005 the way that it should have been in November, place it on the agenda, have it publicly noticed so it can be discussed. We're asking that this item be placed on one of the June agendas, and at that time you can discuss what part, if any, the county wants to play in the opposition to the slow speed zones. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, you know, the county attorney and I spoke about this, and it's his clear understanding that we're going to fight this to the death, and that's what he reads from the minutes. It was an agenda item. It was publicly noticed. So the -- you know, when the board approves anything in the agenda, that's also public notice, and I don't see why we want to rehash this when the board has -- already gave clear direction that we're going to fight the permit for slowing those speeds in Naples Bay, because that was a clear sentiment on all the board. I'm done. CHAIRMAN COYLE: Okay. Commissioner Halas? MS. RYAN: Could I ask which specific agenda a lawsuit was discussed? COMMISSIONER HALAS: I think what Nicole is getting at is that this was brought up as a public comment after the meeting -- COMMISSIONER HENNING: It was in number nine, item nIne. COMMISSIONER HALAS: No, it wasn't. I think it was brought up as a public comment at night, and we decided to make a determination at that point in time, but this was not listed as an agenda item. So I think what we're getting at here is that we made a decision but it wasn't on the record, it wasn't advertised, that we were going to take this -- these steps, and there was only one individual or a couple of individuals that were here on one side, but there was nobody on the Page 269 May 24, 2005 other side because of the fact that it wasn't advertised at the time. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HALAS: Am I correct? COMMISSIONER HENNING: Well, Mr. Klatzkow, who's been involved with this issue, I think can make some clarification on the Issue. MR. KLATZKOW: For the record, JeffKlatzkow, county attorney's office. Two things. First we did review the record, and we believe that this board did direct the county attorney's office to oppose the actions from the Naples City Council, including the filing of this petition, which we did. The second issue really is that we were under a deadline to file the petition, 21 days. And so by filing a petition doesn't necessarily mean that, well, we're committed to the death. Should this board at any time decide that it wants to instruct the county attorney's office to cease its activities, it's free to do so. But at this point it is my understanding, having read the record, that this office was instructed to forcefully fight the Naples City Council in this issue, and we will continue to do so unless instructed otherwise. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: You know, I think it was, Jeff, a couple weeks ago that the community was notified about the appeal of this, having 21 days? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. So we've got 14 days, let's say 14 days. So if we take those 14 days away, you just have one week, and we're not going to have a meeting in another week, and I'm appalled at the Conservancy trying to back-door an issue when it fully knows that the Board of Commissioners was opposed to this. So by putting it on a future agenda, you lose the opportunity for Page 270 "_~"'.'''__'.'M____ May 24, 2005 the appeal. MR. KLATZKOW: We would have been foreclosed, that's correct. MS. RYAN: Well, I believe what I'm asking -- I still do have questions about what -- the vote was taken; however, you filed. And all I'm asking is, you can keep that challenge in place, but if it's discussed in two weeks' times, three weeks' times and the commission decides that they want to withdraw, you can withdraw the challenge at any time, that's what I'm asking. COMMISSIONER HENNING: We also have the opportunity to negotiate with the City of Naples -- MS. RYAN: Correct. COMMISSIONER HENNING: -- on the boat speed later on. And, again, this is a terrible, terrible injustice of the public by trying to put this on the agenda when it -- when it already was on the agenda, the commissioners made a decision, and losing our opportunity to -- and sending a mixed signal to the state officials. MS. RYAN: Can I just clarify? On what agenda was a lawsuit on? Because I know that it was discussed to send a letter in opposition to the City of Naples, but the actual lawsuit was under public comment, and I'm not aware of a future agenda item since that November 16th that actually had it as a publicly noticed agenda item, and that's my concern on that. COMMISSIONER HENNING: Well, we had an item on nine, the Board of Commissioners. It was advertised and discussed. MR. KLATZKOW: I believe it was advertised, I believe it was discussed, and I believe the board did instruct the county attorney's office to do what the county attorney's office has done, and that is to have filed on this petition. Again, should the board later choose -- you know, decide not to proceed, that's the board's prerogative. CHAIRMAN COYLE: I don't think that's the request, is asking Page 271 0________ May 24, 2005 us to determine today whether or not we should withdraw the lawsuit. If I understand the request, it is to have a regularly scheduled item on the agenda, and that regularly scheduled item could be to reaffirm the submission of the lawsuit. COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: And I think that my concern is that the attorney's office provide us a clear indication as to whether or not we followed the proper procedure. If we have, I see no action that is necessary. If we haven't, we can correct it by putting it on an agenda and then reaffirming that decision. COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: So I think that should meet everybody's requirements, because that's what you're asking for, right, is at least to consider it on a public agenda -- MS. RYAN: Correct. CHAIRMAN COYLE: -- because your contention is that there was never a public agenda to reach a decision to file suit over this particular issue. MS. RYAN: That is correct. CHAIRMAN COYLE: Okay. And I -- I believe, reading the minutes, that we did do this during public comment rather than doing a regularly scheduled agenda item. But I have to defer to the attorney to see if that is legally sufficient for the action that we have taken. MR. WHITE: Assistant County Attorney Patrick White. COMMISSIONER HENNING: Before you answer that, you have to go through the whole record of this. It was on a regular agenda number nine. It wasn't public comment. This has been in. The citizens came in and wanted to clarify what the board's action was. That's what the public comments was. And you are absolutely right, we had each -- anyone of us have the ability to put this on a future agenda, and -- but I think that all the information ought to be given by the county attorney's office if a Page 272 ._.,._~ May 24, 2005 commissioner wishes to do so. CHAIRMAN COYLE: Well, that's what I'm trying to get from the county attorney. I want to get a clear indication as to whether or not -- COMMISSIONER HENNING: Do we need to settle this -- CHAIRMAN COYLE: -- we have legal sufficiency. COMMISSIONER HENNING: Do we need to settle this now instead of just a correspondence to the Conservancy on the action that the board has done? We probably talked about this three times. MR. KLATZKOW: I'd be happy to prepare a letter for the Conservancy or to the commissioners. CHAIRMAN COYLE: Saying what? MR. KLA TZKOW: Showing exactly the course of action that the board had taken and how this was justified, filing the petition. CHAIRMAN COYLE: The legal sufficiency issue? MR. KLATZKOW: Yes, yes. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Without it being advertised on the agenda as somebody that just walked in, and not giving proper notice saying that this should be brought up on an upcoming agenda in the way that we did this? CHAIRMAN COYLE: If you don't mind, Commissioner Fiala, I think you're right. Let's -- I'm going to make a motion. Can I make a motion? MR. WHITE: Certainly. CHAIRMAN COYLE: This hasn't been adv -- this hasn't been advertised. MR. WHITE: Well, there's no requirement, Commissioners, that with respect to any action that you may choose to take by motion, that it must be advertised unless there's either a local or a state law that so requires it, and there is no such law that I'm aware of. CHAIRMAN COYLE: Can I get a sense of the commission then Page 273 May 24, 2005 as to whether or not there are enough commissioners to bring this back, put it on an agenda, and then we can affirm or deny the decision to sue? And that's all we -- MR. WHITE: That's within your prerogative. CHAIRMAN COYLE: If you still feel strongly about -- three or more commissioners who feel strongly about a suit, then it's done. If not, you can always withdraw it. Would that -- are there enough people on this board to make that decision, or who will support that? COMMISSIONER HALAS: I think. CHAIRMAN COYLE: Commissioner Fiala had her -- COMMISSIONER FIALA: That's all right. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: Well, I thought you were just asking for anybody. CHAIRMAN COYLE: I am now. COMMISSIONER HENNING: You know, why don't we, again, get some historical information, and anybody can bring it back and put it on the agenda. COMMISSIONER HALAS: I think we're getting off -- I think we're getting off the track here. I think what we're -- what we're saying is that the original motion, even though there's a lawsuit in place, that's fine. What we're saying is, did we go through the proper channels at the point that we voted on this on November the 16th, 2004, as we closed the commission meeting and this was brought before us -- COMMISSIONER HENNING: We did it before that. Commissioner, you're not saying, you're asking, first of all. The second thing is, we had it on a previous agenda before the public presents. It was on the agenda. COMMISSIONER HALAS: The same day? COMMISSIONER HENNING: No. It was on the agenda on the previous -- previous date. No, October 12th. That is the exact date Page 274 ----~._-,.-,,- . ---,-.. May 24, 2005 when the Board of Commissioners took action. MS. RYAN: To oppose, not to sue. I think that's the concern. To send a letter of opposition-- COMMISSIONER HALAS: Exactly. MS. RYAN: -- in the Conservancy's mind is different than deciding to file a lawsuit. COMMISSIONER HENNING: You know -- COMMISSIONER HALAS: A technicality is what we're looking at. COMMISSIONER HENNING: Well, and without having all the information, it's just all hearsay, so let's -- you know, I don't have a problem with having historical information from our counsel. MR. KLATZKOW: We'd be happy to supply either a correspondence to the Conservancy or a memo to the BCC, whichever your preference. We believe it was appropriate action we took based on the record. CHAIRMAN COYLE: Okay. I would like to have you do that, prepare a legal opinion as to the legal sufficiency of that particular decision and then present it to us, and then if anyone of us want to have it on agenda for public discussion, we can do that, okay? MR. KLATZKOW: Will be done. COMMISSIONER HALAS: Yeah, with the actual time frame-- actually, we've got the minutes at that point in time, and to see if there was any correlation between opposing and the lawsuit as it was stated on November the 16th, 2004. CHAIRMAN COYLE: Okay. Good. Is there sufficient -- do I see three nods? Okay. All right. We're okay. MS. RYAN: Thank you very much. And that was our concern, that it may have been legally sufficient, but is that how we want to run government in deciding to get into a lawsuit during public comment, so thank you. CHAIRMAN COYLE: Thanks. Thank you very much. Page 275 ..-....-,--.--..- May 24, 2005 We're ready to adjourn now, I think. MR. MUDD: No, sir. We're just getting started. Item #8B ORDINANCE 2005-24: ORDINANCE ESTABLISHING THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES - ADOPTED WITH STIPULATIONS The next item is 8B, sir. This item was continued from the May 10th, 2005, BCC meeting. Public hearing to consider adoption of an ordinance establishing the Heritage Bay Community Development District, CDD, pursuant to section 190.005 of Florida Statutes. CHAIRMAN COYLE: Okay. We don't have to swear anybody in on this one, huh? MR. WHITE: It's a public hearing, and you're free to either have a presentation by the petitioner or not. Mr. Van Assenderp is present. CHAIRMAN COYLE: We'll let Mr. Van Assenderp make his presentation here. He's promised me he can do it in three minutes or less. MR. VAN ASSENDERP: We would be -- Mr. Chairman and members, we would accept a 3-2 vote, we'd be very happy with a 4-1 vote, and we'd be ecstatic with a 5-0 vote. And your staff has done a fine report. Comprehensive, there's no opposition. This item was delayed once to work out some ancillary development issues just to prevent any problems, and we believe we merit and respectfully request a favorable vote on establishment. CHAIRMAN COYLE: And does staff have a presentation for us? What's the staffs recommendation? MR. COHEN: For the record, Randy Cohen, comprehensive planning. Staff recommends approval of the community development Page 276 ~~--'."-"-'_.- May 24, 2005 district. CHAIRMAN COYLE: Okay. Are there any questions? Yes, there are a lot of questions. Who was first? COMMISSIONER FIALA: I think Commissioner Henning. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Don't we already have a CDD in Heritage Bay? MR. COHEN: Yes, sir, but that's for the other portion known as the quarry. COMMISSIONER HENNING: Okay. So it's two different -- MR. COHEN: There's two different property owners. COMMISSIONER HENNING: Two different property owners and they're not doing the same thing? MR. COHEN: No, sir. Two different property owners, two separate community development districts. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just must say on the record, I'm never in favor of CDDs. It's not you, it's not them. I'm never in favor because I feel the residents who then buy in have no voice on that until the six years has elapsed. And I've only voted for one and that was one they put a resident on was -- as soon as they began selling homes, there was a resident put on there to speak up for the residents. Just on the record. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: In the same line, what is your projected cost for each individual that's going to buy into this project? And what's the time line that they're going to be obligated to fulfill that commitment? MR. VAN ASSENDERP: Commissioner Halas, the timeline is approximately a phasing of about three or four years for $47 million of infrastructure. How that actually works out for the individual parcel owner over a 20- or 30-year bond amortization would be the duty of Page 277 May 24, 2005 this government board of supervisors if you all establish the board, and then it must report to you at least annually plus a host of other reports. COMMISSIONER HALAS: Do the future homeowners -- are they informed in regards to what obligations they are buying into? MR. VAN ASSENDERP: Yes, they are, very much so. COMMISSIONER HALAS: And at that point in time, are they told what the cost is going to be, or is this a -- MR. VAN ASSENDERP: Orally and in writing. Sorry, Commissioner, I interrupted your question. COMMISSIONER HALAS: And is this time frame of when they first buy in, does this mean that the price will go down or will it escalate? MR. VAN ASSENDERP: The purchased unit does not alter the price. The bond issue does not alter the price. The marketplace determines the price of the unit, but there is a series, as I've outlined before for you all's records of very, very strong, bold disclosures to all the purchasers, which does not exist when someone buys in a city or a county. The host of disclosures is just overwhelming. COMMISSIONER HALAS: Well, what I'm trying to get at-- and I just need some clarification, because we seem to be hit with more and more of these CDDs as we have developments come out, and I'm just trying to figure out -- because this is a tax that is imposed on those citizens that decide to live in this community, and in some cases, I think there's been -- where they've been given a flat rate of what they thought they were going to be paid, and then as you closed out the development, all of a sudden we found out there were some hidden costs or something else that all of a sudden showed up at the point when this was being turned over from the developer to its citizens, and then there was additional charges. My question is, is that anytime in the -- the life of this, does the price go down or does it keep continually escalating? Page 278 ._,......_~._-".._-"._-- , ~_...-_._,---~.~......_--~--'-_.. May 24, 2005 MR. VAN ASSENDERP: Commissioner Halas and members, the purchase price of a unit one would buy in a development that you approve that is subject to a district is a function of only, and only, and only, of the marketplace. It would be very misleading for anyone to say that because of -- the district has levied assessments to payoff bonds, that automatically the unit price will be less. The difference is, and the reason the Florida Association of Counties worked so strong with us in 1980 when we wrote this law to get it passed as a tool for county commissions, is your very good point about the disclosure. This way you have a government spyglass on what's being done on whether that district is following the requirements of your development order, and you have mandated disclosure to the purchasers, which does not exist when people buy homes that are not in a district. But the purchase price is strictly and only a function of the marketplace. It would be whatever the price is with or without a district. MR. WHITE: I believe though, Mr. Chairman, that the question -- and, perhaps, Mr. Van Assenderp, you can address this more precisely, was to the actual special assessments that may be derived from the infrastructure costs that are either bonded or taxed and whether those would remain the same, increase, or decrease over time. MR. VAN ASSENDERP: Thank you. That's -- Mr. White, that's why I asked if you were talking about the unit price. The special assessments are different than taxes, and that's why this district does not levy taxes. That's another good thing. There is some -- there's the power to levy taxes if certain things occur, and as the years down the road -- and no district I've ever represented has ever levied taxes. These are not taxes. And the reason that's important and not just semantics is that these are special assessments which means the law must require the district to show whether the property owner has a Page 279 --._~-._~ May 24, 2005 right and a duty to reimburse the government, in that case the district, for a host of special benefits to the property. And you can't do that with a property tax. You can do that with a special assessment. It's a very democratic process. Once that's done, once that's done, then that is the process, no matter how many residents move in, because the determination is the special benefits, like added use of the property, safety, and issuing things unique to each parcel of property, regardless of what the unit price is. It's not based on the unit price or value. COMMISSIONER HALAS: I understand that. It's a fixed price. So let's say hypothetically I buy into your CDD, and every year I'm assessed $3,600, okay. That's to pay for the infrastructure. As-- whether you've got 3,400 homes there or whether you've got three homes there; am I correct? MR. VAN ASSENDERP: Yes, sir. COMMISSIONER HALAS: Okay. And so that as you build out and you find out that you're very close to the assessed value that you bought the bonds at, there may be a point in time where the assessed value, instead of $3,600 may now be $3,000, or is that not the case? MR. VAN ASSENDERP: That's not the case. We have an expert, Mr. Ward, if you want to discuss that a little bit more, who is a manager of districts and very familiar with the workings of those. But the answer to your question is, the burden is on the land if there is a showing of special benefit to the land that benefits the landowner as well. And when the amortization is over, then the land is free of any burden. But between the initial levy and the payoff of the bonds, the amount is the same unless there is a refunding of the bonds. COMMISSIONER HALAS: Okay. Suppose you don't have a build-out and you made the assessment to each of the property owners of $3,600 based on 3,400 individuals, homes, okay. So you only have a build-out of, let's say, 3,000 homes. Then does the assessment rate Page 280 ----~,-------~.....~-;~"..- May 24, 2005 go up for those other -- that -- the 400 that were unbuildable? MR. WARD: No, Commissioner, it does not. Once we levy the assessment and put a specific amount of debt on a specific unit, irrespective of what happens with the balance of the property, that assessment can never change at all, so it will remain the same. Either the developer will end up picking up that difference in the cost or ultimately the bondholder who purchases these bonds will pick up that ultimate cost. But in no uncertain circumstances will the -- will a resident who moves into a district pick up the cost related to the difference between 3,000 units and 3,600 units, in your case. MR. WHITE: And the reason for that, Commissioner Halas, is because there's a certain benefit that is derived by each unit that has a specific value, and it's that benefit that the assessment is assessed for. So there has to be that relationship between the two, and it has nothing really to do with the percentage build-out or sales of individual units. It has to do with the direct relationship of a benefit to that individual unit, and that's why it's capped at that amount. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If I could, tell me if I'm wrong on this. If you had a base price for a house, now the choice that you could have gone is to put the infrastructure in and include that price in the house, which means that those units would cost X number of dollars more and the financing would have to be done from the bank end; is that correct? MR. WARD: Yes. For the record, since I didn't state it before, my name is Jim Ward. I'm the vice-president with Southern Tran (sic) Services. COMMISSIONER COLETTA: Well, the choice is fairly simple, either they pay for it in the beginning, and maybe some people might be squeezed out of buying the house, or it's financed by a lower interest bond over a number of years and it stays with the property. So Page 281 ---"'-"--~--'-'- ".. ......-.------,..- May 24, 2005 in other words, when the owner sells the house in that 25- to 30-year period -- is it 30 years, you said for the bond? MR. WARD: Thirty years, yes, sir. COMMISSIONER COLETTA: Okay. So ifhe sells it, the remainder of the cost stays with the house, and there's a disclosure that takes place on the whole thing. The price to get into the house should be less, because you only charge the actual cost of what it's going to be for the infrastructure improvements; is that correct? MR. WARD: That is correct, sir. In all instances your statements are correct. COMMISSIONER COLETTA: Okay. I'm still trying to find out what's evil here. MR. WARD: I'm not aware of an evil -- COMMISSIONER HALAS: It's not evil, it's just the idea that you have, for instance, hypothetically, you have the $3,600 that you owe the CDD, plus you have the taxes that are due to the county, plus the school board tax. COMMISSIONER COLETTA: Basically, yeah. COMMISSIONER HALAS: So a CDD basically is another taxing unit on top of the existing taxing. COMMISSIONER COLETTA: Well, I don't know if you call it a taxing unit. You're either going to pay for the infrastructure in the price of the house or you're going to pay it in increments over a 30-year period. To me it sounds like a wonderful plan to be able to get into something for less money than it would normally be. I'm sure you're not going to be building affordable houses. But for the most part, what you are going to be building, there's going to be a price cap as far as what people can afford. MR. WARD: Exactly, and-- COMMISSIONER COLETTA: And be it 300,000 or $400,000, people are just barely going to make it getting into it, and this may be Page 282 0" .. .. . ..__-.-....,..- May 24, 2005 the reason some upper middle-class people, that glitch group that we're talking -- COMMISSIONER FIALA: Gap. COMMISSIONER COLETTA: Gap. COMMISSIONER FIALA: Gap housing. COMMISSIONER COLETTA: Not glitch. Oh, no. Glitch is what we had when we were doing -- never mind. But I feel very comfortable with it myself. I just wanted to -- COMMISSIONER HALAS: It's not that I don't feel comfortable, I just wanted to get a full understanding of what we were about to do here, because we have a lot of these that are coming before the board, and I just want to get a good clarification of exactly what is entailed in regards to the taxpayers of the county, as they move into these, that they also -- not only do they pay county tax, but they also have to pay for the infrastructure of this CDD. MR. WARD: Yes, sir. And with full disclosure required in the statute, I think everyone will know before they purchase their homes what those assessments will be. CHAIRMAN COYLE: Commissioners Fiala? COMMISSIONER FIALA: Yes. The thing is, in here it says, assessment ad valorem taxation, issuance of bonds. So in other words, you know, like I said, the house sells for whatever the market will bear. This is just -- you know, if you -- you get a road with this or you get a road if you don't have one. I mean, you're going to have to have a road to get in there. This way, people buy and they're not saving any money buying it this way, but now they've got something to pay every year, every month, for the rest of the time. And it says here, the authority to exercise special powers in accordance with so and so section of Florida Statute without question, and so that makes me a little bit nervous, and that's why I feel there should be representation from residents. Page 283 --..--- May 24, 2005 And I know of one particular instance where they lined a pond, and it cost them $465,000. Lo and behold, that pond doesn't happen to be within that CDD. It was like right on the other side, but it was a good way for the developer to tuck that in. Nobody even knew it until many years later, then they had to sue to get the money back, had to hire the attorney and everything. You're familiar with that. MR. WARD: Yes, ma'am. COMMISSIONER FIALA: So these are the things I'm concerned about. That's why I want representation from the residents right away. And the last thing I have is a question. How -- if I own the property already, why do you need the power for eminent domain? MR. WARD: Well, I'll let the learned attorney answer that question. MR. VAN ASSENDERP: When a facility needs property and it is owned -- the property's owned by a developer or later someone who moves in for a switching station or something of that type, and as -- the same with the county commission or city commission, then the district would exercise eminent domain power and would have to go through all the procedures that the county has to go through when it takes property from people -- COMMISSIONER FIALA: But you already own the property. MR. VAN ASSENDERP: -- for public purposes. No, the district is not the developer. They're two different things here. The district is a local government, like you are, but we have a safeguard. It can't exercise that eminent domain power outside of its boundaries unless you authorize it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: The more I hear about this, the more I have concerns. The local government power that you're referring to, the members of it don't live in -- local. They live on the east coast, they live in Fort Myers, they don't live -- they live in Page 284 --,"---,.- May 24, 2005 LaBelle. MR. VAN ASSENDERP: That's correct, Commissioner, and the reason that's correct is it's raw land. There's no one who lives there. COMMISSIONER HENNING: Well-- MR. VAN ASSENDERP: And then the purpose is to let this district government, subject to your development requirements, put in the infrastructure, then people come. COMMISSIONER HENNING: And I doubt that they're going to live with (sic) it. MR. VAN ASSENDERP: Sir? COMMISSIONER HENNING: I really doubt they're going to live within the community. MR. VAN ASSENDERP: They have to once the law changes it over to qualified -- COMMISSIONER HENNING: The second statement that was made about the infrastructure before or after, whether you have a CDD or not, the bottom line is, it's going to be market rate. Whatever the market will bear is what the houses are going to sell for. MR. VAN ASSENDERP: That's what I said, and I agree 100 percent. COMMISSIONER HENNING: Well, I know, but Mr. Ward said differently. So I would like to move on with the agenda item. CHAIRMAN COYLE: You got a motion? COMMISSIONER HENNING: Motion to deny. COMMISSIONER FIALA: Second. MR. VAN ASSENDERP: Before -- Mr. Chairman? CHAIRMAN COYLE: We have a motion to deny by Commissioner Henning, and second by Commissioner Fiala. Is there further discussion? Okay. Mr. Van Assenderp? MR. VAN ASSENDERP: Thank you, Mr. Chairman and members. This process is -- in fact, one of the first counties ever to Page 285 May 24, 2005 get into this process is this county. All of the questions you raised have been raised by the Florida legislature. You must show with specificity if you're going to deny something, much more specificity than a few summaries of the law that -- or needed a little bit more explanation, we just don't have time to, based on some of the comments and questions. This district is a concurrency mechanism tool for this county and for the future and existing landowners. It is a good thing, and you don't have the basis -- I think Mr. White would tell you -- you have nothing in the record. The denial must be with specificity. You have a comprehensive staff report, you have a recommendation from the staff, you have no opposition, you have a law. You are a charter home rule county, or home rule that can't do anything inconsistent with the law. There is no basis for denial here. COMMISSIONER HALAS: County attorney? COMMISSIONER HENNING: Here's your specificity, if the chairman so desires. CHAIRMAN COYLE: Yes, Commissioner Henning, go ahead. COMMISSIONER HENNING: Stated on the record that the savings would be up front of the residents. It doesn't state it within the document before the Board of Commissioners, so it's just -- MR. VAN ASSENDERP: Well, let me respond to that, please, Commissioner. COMMISSIONER HENNING: It's just hearsay. MR. VAN ASSENDERP: The savings -- most of the time, I will dare say, that if a district is established, sometimes it does such a good job with the high policy -- sustained quality of the infrastructure that the unit prices are even higher. There's no correlation there. It is a -- strictly a marketplace. But what Commissioner Coletta was talking about is that the district can actually disclose otherwise hidden costs to the consumers. This is one of the most consumer-protection resident-protection Page 286 ,..- -.---"--""- May 24, 2005 landowner-protection mechanisms there is. You're rehashing on a relatively short notice and uninformed basis of stuff that, if you took the time, we could inform you and your staff could inform you, because I know how busy you all are, decisions that were made by the Florida legislature with the consultation and support of the Florida Association of Counties. The law actually states, this is a tool for the county. Now, you have the political right to deny, of course, and I respect your decisions. But I would like very much to request that we either temporarily postpone -- I think there's some misconceptions here that need to be resolved, and it's unfair to this landowner who has already postponed once, to work out development orders. This is a political decision, this is a political body here, and may we have some time -- I would rather do that than have any kind of a negative vote -- until you all are more informed and we're informed about your concerns. And then if that's the way you want it, then you're sending a message that community development districts will no longer be allowed. There's no difference between this one and any other item before or later on community development districts. That would be a little bit unfortunate. May I ask Mr. Russell Smith, who's the landowner, who's been very, very patient with all this, also to talk? MR. SMITH: My name is Russell Smith. I represent Lennar Communities, the developer of the project. And the only reason I asked to come up here is, if it would assuage any of your concerns, we would be more than willing to offer one seat to one of the first residents of the community to represent the interests of -- you know, of the residents of the community as soon as the community starts to develop without regard to the six-year requirement in the statute, so if that is at all helpful. CHAIRMAN COYLE: Commissioner Henning, go ahead. Page 287 May 24, 2005 COMMISSIONER HENNING: I'm going to remove my motion. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I make a motion for approval based upon the fact that we're going to allow one position in the community, but the only thing is the time element. When would that happen? MR. VAN ASSENDERP: As soon as five move in. COMMISSIONER COLETTA: Well, move in or purchase, because I mean, that might be -- MR. VAN ASSENDERP: Well, these are things to be worked out. We'll do whatever the commission wants, but I understand Mrs. Fiala's proposal was, when five residents move into the property, you can make them -- you can require that they be owners as well. These are things that would have to be worked out. This should not be a condition of your ordinance, but it would be the agreement that you already heard made by the developer -- COMMISSIONER COLETTA: I understand. MR. VAN ASSENDERP: -- between the developer/land owner. COMMISSIONER COLETTA: I think I'd be more comfortable if those five residents were owners rather than actual residents, because the delay of time there may cost them even more. That will be a condition of my motion. MR. VAN ASSENDERP: No problem. That'd be great. COMMISSIONER FIALA: But that's one of the five then-- MR. VAN ASSENDERP: Right. COMMISSIONER FIALA: -- would be selected or -- MR. VAN ASSENDERP: Elected by the board. COMMISSIONER FIALA: -- elected to be on that board immediately so that then they still have a few years on that board to help make some of these decisions. MR. VAN ASSENDERP: Yes, ma'am. CHAIRMAN COYLE: So Commissioner Coletta has made a Page 288 ^-_._.~ May 24, 2005 motion for approval with the understanding that an agreement will be worked out to permit a homeowner -- COMMISSIONER COLETTA: Resident. CHAIRMAN COYLE: -- resident representative on the board within the period of time when five persons purchase property. COMMISSIONER COLETTA: Well, purchase property. Not a resident per se because the people that are going to be there now aren't residents, they're just owners. So it would be an equal footing for that. In other words, if we got five owners, at that point in time they meet, and they select one of them to be a representative. COMMISSIONER FIALA: Okay. And I'll second that then. CHAIRMAN COYLE: Commissioner Fiala has seconded. Any further -- I'm going to closing the public hearing. 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 passes unanimously. MR. VAN ASSENDERP: Mr. Chairman and members, thank you. I know you've had a tough day. I respect and thank all five of you. CHAIRMAN COYLE: Thank you. Item #10C Page 289 -._---.-,.,._.__._-"-,.,._-~~.._---.,-~-. -...~~ May 24, 2005 PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES - MOTION TO CONTINUE INDEPINITEL Y - APPROVED MR. MUDD: Commissioner, next item is 8C. It's a public hearing to consider adoption of an ordinance establishing the Parklands Collier Community Development District pursuant to section 190.005 of the Florida Statutes. MR. FARQUHAR: Good evening. John Farquhar with the firm of Ruden, McClosky, Smith, Schuster, and Russell representing the petitioner. We would comment that we are in agreement with staff report. We would also make the same stipulation as was added to the last motion. In fact, we had already suggested that in a prior letter that our co-counsel sent, and we'd be happy to answer any other questions that you have. Otherwise, we would defer to the staff report. And if there's any other questions or issues, we'd be happy to answer them. And my client -- two of my client's representatives are here to speak if you have any questions about details regarding -- CHAIRMAN COYLE: Does staffhave a report, Mr. Mudd? MR. MUDD: No, sir, besides what's written. CHAIRMAN COYLE: Nothing other than what's in the executive summary. Okay. Commissioner Henning? COMMISSIONER HENNING: It's stated, or I received an e-mail, this CDD will assist to build, construct, Logan Boulevard from its terminus at Immokalee Road to Bonita Beach Road? MR. FARQUHAR: Yes, at least to the property line, the developer has an obligation to build to Bonita Beach Road. I'm not sure whether the CDD will be building it from the property -- from the Page 290 --------..- May 24, 2005 Collier County/Lee County line to Bonita Beach Road or whether that will be built directly by the developer. But there is an obligation of the developer, and the obligation would be at least for the part in Collier County assumed by the CDD. COMMISSIONER HENNING: It's my understanding through the DO and the DRI that they're to construct from Immokalee Road to Bonita Beach Road. MR. FARQUHAR: Actually it's the -- Logan Boulevard Extension is already constructed somewhat north of that -- north of Immokalee Road at this point in time. COMMISSIONER FIALA: Yes, but not to the place where they had agreed upon? MR. FARQUHAR: We've agreed to construct from the -- and the PUD provides that the developer successors assigned do hereby agree to construct Logan Boulevard Extension from its present terminus at 0 Ide Cypress PUD north of Immokalee Road, north to and through the subject Parklands PUD/DRI terminating at Bonita Beach Road. The only thing that we're waiting for presently is our Corps of Engineers permit. COMMISSIONER HENNING: Waiting for your Corps of Engineers permit to further continue on the first phase? MR. FARQUHAR: We've completed a first phase, and to continue further, we have to have a Corps of Engineers permit before we can continue. COMMISSIONER HENNING: Well, you're not completed with the first phase. You're completed with -_ MR. FARQUHAR: We're completed with part of the first phase. We can't complete the rest of the first phase until we have a Corps of Engineers permit. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COYLE: Commissioner Halas? Page 291 ,..---"-- May 24, 2005 COMMISSIONER HALAS: Does the first phase of this road, does it meet the standards of the county in regards to drainage and width and so on? Because this is going to be turned over to the county, isn't it, eventually? MR. FARQUHAR: Yes. It is going to be built -- it is being built to county standards. If you want more specifics, I can have one of my clients speak on it in more detail. But yes, it has to be built to county standards. COMMISSIONER HALAS: So maybe Norm Feder -- this first portion has been built, hasn't it? I'll wait for Norm to come forward here. MR. FEDER: Commissioner, for the record, Norman Feder, transportation administrator. The first three-quarters of a mile has been built. They're building the road under right-of-way use permit from the county. The county owns the right-of-way, and we've acquired it. They're required to provide certification and CEI, and then later they're going to have to provide soil for testings and other issues to confirm that they've built fully to county standards. COMMISSIONER HALAS: And are they -- are they also in agreement with our standards as far as water retention? MR. FEDER: Yes. We're requiring them to address fully those issues. They're in the design plans, and then they're going to use this CEI that they're working with, they're going to certify that they built to the standards. And as I said, we'll require them to go back and do some core samples and other issues to confirm that before we'll accept the final product. As we understand it, their issue now is waiting on the Corps of Engineers permits. And I'll let them speak to that. COMMISSIONER HALAS: Is the Corps of Engineers permits, do you know -- maybe I'll have to ask the petitioner, but are the Corps of Engineers permits being asked for in regards to road building, or are the Corps of Engineers permits being asked for in regards to the Page 292 May 24, 2005 whole development of -- MR. FEDER: I'll defer to the applicant on that. MR. FARRAR: For the record, Brian Farrar with the Ronto Group. It includes the entire development and the roads as a cumulative package. That's how you have to submit to the Army Corps of Engineers. COMMISSIONER HALAS: What is your best guess for the time frame in which this road will be completed all the way to Bonita Beach Road? MR. FARRAR: I think our schedule, we had anticipated the end of '09 in our original PUD time frame, Exhibit C of the PUD report. COMMISSIONER HALAS: And that's only a two-lane highway, is that correct, two-lane -- MR. FARRAR: That's a two-lane -- two-lane section, that's correct, Commissioner. COMMISSIONER HALAS: And that's going to have sidewalks, all the other -- MR. FARRAR: That is correct. The approved cross-section was approved by the Collier County Transportation Department, and we're in agreement with that. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. We got a -- Mr. Farrar? MR. FARRAR: Yes. COMMISSIONER FIALA: We got a note here in front of us -- we received a note, excuse my poor English -- that said that the GL Homes permit is many months ahead of yours, and the GL Homes permit provided this link adjacent to the Terafina property, and they were saying that you would be able to use this permit to build this road. Is that -- is that true? Ronto can begin the construction of the mile-long section across the Terafina frontage, and GL Homes can perform the improvements Page 293 -_._.._---~,.--._.~,~ May 24, 2005 committed to the adjoining communities. MR. FARRAR: Weare prepared to construct Logan Boulevard when our permits are approved. I can't make any assertations (sic) as to whether theirs may be earlier than ours. I do not know that fact. And I think we'd be well within our rights of the PUD to maintain that schedule and maintain those rights that are already vested. F or us to move forward, hopefully on a -- if they're ahead of us, I wish them great success. Unfortunately, we have moved forward with this permit application with the Army Corps of Engineers as one contiguous proj ect. For us to go back and change things now or to ask for things to be changed, I think there'd be risk involved, and we're not willing to take that risk, frankly. We are willing to go through and live up to our expectations as best we can with the permits when we receive them. CHAIRMAN COYLE: Okay. Any other questions? (No response.) CHAIRMAN COYLE: No presentation by staff. We have six-- MS. FILSON: Five. CHAIRMAN COYLE: -- five public speakers. Okay. MS. FILSON: John Farquhar? MR. FARQUHAR: I already spoke. CHAIRMAN COYLE: Okay. MS. FILSON: Steve Nellis. He'll be followed by James Kirk. MR. NELLIS: Yeah. My name is Steve Nellis. I'm the president of the Olde Cypress Homeowners' Association Council. There have been several commitments made to us -- Commissioner Henning, I'm sure, is familiar with most of these -- primarily from GL Homes, but it's all contingent upon this road. So we're just quite concerned that the road be built from the northern -- current northern terminus on to the north as these folks have indicated they would do, and we want to make certain that they do what they said they were going to do. Thank you. Page 294 -_._,._.~,"...'.---...-. May 24, 2005 MS. FILSON: James Kirk. He'll be followed by John Wooldridge. MR. KIRK: Mr. Chairman, Commissioners, my name's James Kirk, and I'm the vice-president of the Long Shore Lake Residents' Association. I'm here today because Ronto Developments for Parklands entered into an agreement with the county with Olde Cypress, Quail Creek, GL Homes, and us, Long Shore, that they would build the road from Bonita Beach to Immokalee Road, or from Immokalee to Bonita Beach, and they made this commitment in order to obtained the Parklands DRI extension. This commitment allowed GL Homes, who is building Terafina, to enter into agreements with the county and with our communities. Their agreement was that they will install landscape improvements along this road. We had a lot of negotiations, the communities did, with Terafina, GL Homes, regarding this, and came to an agreement because they were giving us assurance that we will be buffered by these improvements. Long Shore Lake, in turn, agreed with the county that we would maintain the landscape along our border. A couple of months ago we were told by GL Homes that Ronto had officially informed them they would not construct the first link of the road until such time as they obtained the Army Corps permit to the entire road and their development. GL Homes has their Army Corps permit, which includes the first link of the road. They informed us that they approached Ronto and asked that that section be built or that they build it and Ronto pay for it. Our agreements with GL are specific in that if they have to build the road at their cost, we are not going to get our landscaping. We, the communities involved, have no power or say in this matter between them. All we can do is appeal to you, our elected representatives, to help us in this manner. Page 295 ._--"-~ May 24, 2005 Long Shore Lake community is asking that you require Ronto live up to their agreement and build Logan Road or pay GL to build it, and that they be given a timetable in which it be completed. Thank you very much for your time. CHAIRMAN COYLE: Thank you. MS. FILSON: John Wooldridge. MR. WOOLDRIDGE: I'm John Wooldridge, and I'm the president of the Quail Creek Property Owners' Association, and I won't waste your time with repeating what Jim had to say. Thank you. CHAIRMAN COYLE: Thank you, Mr. Wooldridge. MS. FILSON: He'll be followed by Rick Elsner. MR. ELSNER: For the record, I am Rick Elsner, vice-president of GL Homes. To clear something up first, GL Homes does not have their Corps permit yet. Weare hopefully close to getting that permit. We're working on it daily trying to secure it. As was stated, when Ronto came here to extend their DRI, they were given an ordinance with a construction schedule for Logan Boulevard. The portion that we're here talking about is the section from the entrance to Olde Cypress to the north side of Terafina, and in that phasing schedule, it has -- excuse me -- a completion date of spring of 2005. Well, it's spring of2005. Granted, the Corps permit has not been issued on our property, so there is a hurdle that they couldn't overcome to build that section. But today we're here trying to ask the county to put another construction schedule in place for them. Right now you have a section of Logan sitting out there that is south of our property on the Olde Cypress community -- it's in the county right-of-way -- that has been built, but yet there is no drainage connected to that road. We met with Ronto several times on this yet there is nothing Page 296 ---'-"'-- May 24, 2005 being done with the county, Olde Cypress, or anybody involved to resolve the issue with the drainage on that section of roadway. So I don't know what they're waiting for to resolve it. They said it's built. It's not built. I don't know what considered built is. Yeah, there's asphalt out there that when it rains, it floods. So we're here asking that the county step in here and look at this phasing schedule for Logan Boulevard that -- well, let me say this, too. The completion of the entire roadway was 2008, fall of 2008. I have a feeling they're going to come back asking for some relief on that, too, based on the delays of the Corps permit, but I'm more concerned about us living up to our obligations of our surrounding communities that we made based on the commitment of Ronto. But yet right now, if it was spring of2005, we are perfectly okay with that. We've been trying to work with Ronto to come up with the schedule ourselves, but yet there's been no commitment on their part. They're asking for the CDD to be approved, which you just heard right now will include funding for this section of roadway, so it's only appropriate that we tie them down. So that's all I have to say. CHAIRMAN COYLE: Thank you. MR. ELSNER: Appreciate your time. Sorry it's so late. CHAIRMAN COYLE: It's all right. We've been late all day. MS. FILSON: That was your final speaker, sir. CHAIRMAN COYLE: Ah, I see. Okay. Commissioner Halas? COMMISSIONER HALAS: I'm going to ask the commissioner in this district if he can enlighten us in regards to the commitments that were made so that we can tie all this together. I think it's very important. COMMISSIONER HENNING: Well, Commissioner, first of all, I just heard that the permit for the -- to finish the first phase is Terafina's permit. And in order to do that -- because it is on their property . Page 297 May 24, 2005 MR. FARRAR: But that's county right-of-way. COMMISSIONER HENNING: Okay. But in your permit you have the construction -- to allow the construction of the Logan Road, right? MR. ELSNER: That's absolutely correct. COMMISSIONER HENNING: Okay. Commissioner, I met with Brian Farrar from Ronto, along with Don Scott, to try to speed up this process because of the concerns of the residents wanting those commitments to be done. Mr. Farrar said he's waiting for his permit to build that section, and, in fact, what I offered myself is to go to the Corps of Engineers to assist him to speed that up so he can build the road, but yet now I understand that it's really Terafina or GL Homes' permit that we're waiting for. And I met with Brian Stock, who is still in control of Olde Cypress, just the other day and asked, you know, has anybody contacted you for drainage on this, and he says no, nobody has contacted me whatsoever. MR. FARRAR: Commissioner Henning, can I -- COMMISSIONER HENNING: And I'm a little concerned -- MR. FARRAR: Sure. I think -- I think there has been some confusion. COMMISSIONER HENNING: I guess I'm done. COMMISSIONER HALAS: No, you're not. I think you've got some more. Hold on. Let him finish up. I'd like to hear the story. COMMISSIONER HENNING: So I guess I'm concerned about commitments. And, boy, I was really blind-sided by trying to help somebody out, and actually all I did is be helping him get his development permit through the U.S. Corps of Engineers. Because I went to the Corps of Engineers on Vanderbilt Beach Road trying to speed that up, and which we did, and I was really blind-sided by some of the comments and representation from Ronto. Page 298 --_.-._.._-...._-...__._.__._~--,--"--~ - ""~._- '"-----,..- May 24, 2005 And I'm really concerned about any further action we try to assist Ronto in what they're asking. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Commissioner Henning, it's your district. I'm going to ask you, would it be appropriate to ask for this to be continued to September? COMMISSIONER HENNING: I think it would be more appropriate to ask to either approve with conditions that they're going to build this road or continue it until the road is built. You know, the commitment to -- from Ronto in their DRI is to build the road. It's not contingent upon this CDD. And if you remember that, this gentleman got up here and says, we're committed to going down and building a road, Commissioners, and yet, I have seen no action. In fact, I find just the opposite, which I'm really surprised, Brian. MR. FARRAR: If I may, Commissioner Henning. I think there has been some assertations (sic) made today that are inaccurate. And yes, in fact, our Army Corps permit does include the right-of-way in front of Terafina. When Terafina, GL Homes, went back and modified their application, they're overlapping on top of that. And quite frankly, there are two applications which include this right-of-way area within the front of Terafina, and that's the honest truth. The fact of the matter also is, their improvements that Rick is talking about is for the -- only a half mile in front of their proj ect. We fully intend to live up to all of our commitments we have made in the past, and I stand here today to reaffirm that. When we go through this commitment, we believe it, we will do it. We have inaction on the 0 Ide Cypress portion for the drainage, for instance, but we have had numerous meetings with the Assistant County Manager (sic) Joe Schmitt and many other county staff. So we stand here today fully ready and willing to continue this Page 299 "...".~....-,-..~-"-""~-,.",,,-,,,",""-- -.'--.---- May 24, 2005 process. If Rick would like to stand here and make somewhat disingenuous statements in front of the commission, I think that's unfortunate. COMMISSIONER HENNING: I think it should have been said a long time ago. MR. FARRAR: We stand here today committed to continue the process. As I have told you before Commissioner Henning, and I say it here today, we will, in fact, continue to permit this road, and we will construct this road when we receive our permits. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. It says -- you say when you receive these permits, although you have the ability to construct the road, even if you pay and our -- what is your -- I'm sorry. MR. ELSNER: It's Rick Elsner with GL Homes. COMMISSIONER FIALA: RL -- GL Homes, excuse me. GL Homes said they would construct it for you, all you have to do is pay it. MR. FARRAR: I'm not asking for anybody to do any favors for me. I've made a commitment to build the road, and I plan on building that road. COMMISSIONER FIALA: But you didn't even put drainage in your -- in the first part that you -- MR. FARRAR: We don't have the right to enter that property for drainage connections. The original community, Olde Cypress, was to have an outfall structure to the property line, which is the right-of-way, which was never constructed. We do not have the right and/or the county's ability to enter that property and continue with drainage work outside the scope of our right-of-way permit, and that's why we have not continued outside of the right-of-way. Our right-of-way is very specific. That's the -- and that's the -- if you would like to have Don Scott come up and talk about it, we can Page 300 . -^,..._-'"--....- May 24, 2005 do that. But it's very specific. COMMISSIONER HENNING: You know, I think it would be damning if Don Scott came up here and talked about it, because things that you said to Don Scott and I are not exactly true. I'm not done. MR. FARRAR: Okay. COMMISSIONER HENNING: I think that we know the integrity of Stock Development who is still in control of Olde Cypress. He's definitely a community business, and he has no contact from this party about this interconnection for drainage. MR. FARRAR: Commissioner Henning -- COMMISSIONER HENNING: So what do you want to do -- MR. FARRAR: As of lately, we may not have contacted him because there's -- as we wait for this Corps permit to be approved, there's no need to go through and remobilize construction two or three times. COMMISSIONER HENNING: Okay. MR. FARRAR: You know, and we understand-- COMMISSIONER HENNING: We're already there, okay? MR. FARRAR: We were there a year ago. COMMISSIONER HENNING: We're already there. Correct, and -- MR. FARRAR: And I -- COMMISSIONER HENNING: And you don't need a Corps permit to finish up the section that is already started. So what do you want to do, do you want to continue this until you finish the road or do you want to put conditions on this -- on this CDD that you're going to build the road in a certain time? MR. FARRAR: Commissioner Henning, if you would like me to go through and stand down on this CDD hearing today until I have that first segment of the road constructed, which is the segment from the 0 Ide Cypress entrance to the present terminus, which is at the section line for section eight, I believe, I'd be more than happy to stand Page 301 - ."'0,__..__---...-- May 24, 2005 down and do that today because we want to live up to our commitments, my commitment to you as stands, and we will continue to stand by those commitments. COMMISSIONER HENNING: How about -- I'm -- Commissioner, I'm ready to make a motion that we put into the CDD that Ronto will construct the first phase, complete the first phase of Logan Boulevard and continue under their DO to phase in Logan Boulevard the rest of the way when either the -- GL Homes or Terafina receives the Corps of Engineers Permit and-- MR. ELSNER: Whichever occurs first. COMMISSIONER HENNING: -- whichever occurs first, and also I think that it is important that we give them a certain time, date certain, they finish the first part that they already started, which they have the ability to finish, and I think it's more than appropriate to do that within three months. MR. ELSNER: Can I just add, too, I like the direction, for GL Homes' sake, and the surrounding neighbors also. Two other things. We've met with Brian several times with our requirement putting turn lanes out on Logan Boulevard, and twice we have been told no on this. Weare trying to get our improvements incorporated into those sets of plans. We even put the design plans together and gave them to their engineer. We're willing to pay for our improvements, but we can't get an agreement to get those built along with this stretch of roadway. So what's going to happen is, when they build this road and finish it, we're going back out there and tear it up to put our improvements in. So it doesn't make sense the way this is going. So we're trying to get that incorporated into it also. And I would ask that based on the direction you're heading, that the construction of that piece across our property, that, you know, you give them 30 days, 45 days to commence construction based on the first permit coming out, but put a time frame with it, because I'm Page 302 --_._..."."'._---~_._.------ . . -~~---,.-- May 24, 2005 looking right here at the schedule it was given. These were time certain dates. Again, not knowing when these Corps permits are going to come out, they can come out next week, they can actually come out a from -- a year from now. But whenever they come out, I would like to have a certain duration to complete this work in -- six months to complete it once they start it, or else we could have another situation similar to what's happened at Olde Cypress, a road just sitting there not complete because the time frame given was too much. COMMISSIONER HENNING: Right. So the motion is for -- to put into the document, the CDD document, that Ronto, once it receives the Corps of Engineers Permit, either Terafina's, GL Homes' permits, or Ronto's permit, that the road would be completed. The first phase will be completed within six months, furthermore, providing a -- turn lanes and accesses to Terafina at Terafina's cost. At the cost, at your cost, T erafina will reimburse you. COMMISSIONER FIALA: And the drainage? COMMISSIONER HENNING: And the drainage will be completed within -- what'd I say, three months? COMMISSIONER FIALA: Uh-huh. COMMISSIONER HENNING: Three months. COMMISSIONER FIALA: Second that motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning, second by Commissioner Fiala. I have a legal question. The CDD and the developer, I believe, are different legal entities. MR. FARRAR: That's correct. CHAIRMAN COYLE: And attaching this to a CDD agreement, I don't think, will be sufficiently binding for the developer, and so I'd like to understand how we can -- I mean, I support what's trying to be done here. I'd like to make sure we do it in a legally sufficient way. MR. KLATZKOW: And I don't believe this is the proper vehicle Page 303 -.-_..,...~._..._-.._-~~-~-----~--- "--'<~-----.-- May 24, 2005 to do this. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I think we can get there, but not this way. And it might be better rather than trying to cobble something together right now -- CHAIRMAN COYLE: Continue it. MR. KLATZKOW: -- but to have staff work with the developer and see if we can come up with something. CHAIRMAN COYLE: How would you feel about that, Commissioner Henning? COMMISSIONER HENNING: Motion to -- I'm going to retract my motion, and motion to continue indefinitely. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. There's a motion to continue indefinitely with a second by Commissioner Fiala. I'm closing the public hearing. 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 passes unanimously. (Commissioner Fiala left the hearing room.) Item #8D Page 304 May 24, 2005 RESOLUTION 2005-214: A RESOLUTION AMENDING THE PUBLIC UTILITIES DIVISION'S MISCELLANEOUS FEES FOR SERVICES, WHICH IS SCHEDULE SIX OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001- 73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE - ADOPTED WITH CHANGES MR. MUDD: Commissioner, the next item is 8D. It's adopt a resolution amending the public utilities division's miscellaneous fees for services, which is schedule six of appendix A, section four of the Collier County ordinance number 2001-73, titled the Collier County Water/Sewer District Uniform Billing Operating and Regulatory Standards Ordinance, and Mr. John Yonkowsky, public utilities billing, will present. COMMISSIONER COLETTA: Make a motion for approval for approval. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second -- okay. Motion for approval by Commissioner Coletta and a second by Commissioner Halas. Is there anybody who has a question? Commissioner Henning? COMMISSIONER HENNING: Speaking to the utility staff and the county manager, they're going to change the testing -- Mr. Schmitt -- the testing procedures, and that's why the fee is going up. They're actually going to take the meter off and take it to the shop and bench test it. The existing fee of $75 is a flow test on site. I just wanted to give the ability for the consumer and our staff to give an option, either do the testing there -- MR. DeLONY: (Nods head.) Page 305 ~._".._- May 24, 2005 COMMISSIONER HENNING: So if we could amend that motion to include -- COMMISSIONER COLETTA: I amend the motion to include the ability to be able to have them test it in the field. COMMISSIONER HALAS: And I abide my second -- CHAIRMAN COYLE: Okay. So we have the amended motion. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify -- do we have a -- MS. FILSON: Oh, no, no. I'm sorry. I was just looking to see how the vote was going. I apologize. CHAIRMAN COYLE: We'll let you know when the votes-- okay. You ready now? Okay. We're going to vote now. MR. MUDD: Commissioner, you need to close the public hearing on each one of these. CHAIRMAN COYLE: On each one of them, huh? Okay. Then we're going to close the public hearing. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. MR. MUDD: Commissioner-- CHAIRMAN COYLE Okay, John, let's do number E. Item #8E RESOLUTION 2005-215: A RESOLUTION AMENDING THE Page 306 '----....-. May 24, 2005 PUBLIC UTILITIES DIVISION'S METER INSTALLATION CHARGES (TAPPING FEES) AND BACKFLOW DEVICE CHARGES, WHICH IS SCHEDULE FOUR OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE-ADOPTED MR. MUDD: Commissioner, the next item is 8E. It's adopt a resolution amending the public utilities division meter installation charges, tapping fees, and backflow device charges, which is schedule four of appendix A, to section four of the Collier County ordinance number 2001-73, titled the Collier County Water/Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, and again, John Y onkowsky's here to present. COMMISSIONER HALAS: Motion for approval. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion for approval by Commissioner Halas, second by Commissioner Coletta. Is there any -- there are no public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: We're going to close the public hearing. (Commissioner Fiala entered the hearing room. ) CHAIRMAN COYLE: Any discussion by commissioners? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. Page 307 ,-- -~------..- May 24, 2005 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It carries unanimously. Item #8F RESOLUTION 2005-216: A RESOLUTION AMENDING THE PUBLIC UTILITIES DIVISION'S EFFLUENT IRRIGATION (REUSE) CUSTOMER RATES, WHICH IS SCHEDULE THREE OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE-ADOPTED MR. MUDD: Next item is 8F. It's adopt a resolution amending the public utilities division effluent irrigation reuse customer rates, which is schedule three of appendix A to schedule four of the Collier County ordinance number 2001-73, titled the Collier County Water/Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, and Mr. Y onkowsky's still standing here. COMMISSIONER HALAS: Motion for approval. CHAIRMAN COYLE: Motion for approval by Commissioner Halas. COMMISSIONER COLETTA: I'll do it. No, you go ahead. CHAIRMAN COYLE: Second by Commissioner Fiala. COMMISSIONER COLETTA: Good job, John. CHAIRMAN COYLE: I'll close the public hearing. There are no public speakers, right? MS. FILSON: No, sir. CHAIRMAN COYLE: Close the public hearing. Any discussion by commissioners? Page 308 ~~'~ May 24, 2005 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Hearing none, it passes unanimously. Item #8G RESOLUTION 2005-217: A RESOLUTION TO AMEND THE WATER AND SEWER RATES (SCHEDULE ONE OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, THE COUNTY'S WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE), PROVIDING A DELAYED EFFECTIVE DATE - ADOPTED MR. MUDD: Commissioner, next item is 8G. It's a recommendation that the board adopt a resolution to amend the water and sewer rates, schedule one of appendix A to section four of Collier County ordinance number 2001-73, the County's Water and Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, providing a delayed effective date, and Mr. Tom Wides from public utilities operations is here to present. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Page 309 ~-"--~"-'.'-~'--" ,'-. May 24, 2005 Henning, second by Commissioner Coletta. I'll close the public hearing if there are no speakers. MS. FILSON: No speakers. CHAIRMAN COYLE: Any discussion by commissioners? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Hearing none, the motion passes unanimously. COMMISSIONER FIALA: Great presentation, Tom. MR. WIDES: Thank you, Commissioners. Item #101 RECOMMENDATION TO AWARD BID #05-3820, "US 41 ROADWAY LIGHTING MAINTENANCE" TO KENT TECHNOLOGIES, INCORPORATED FOR AN ESTIMATED ANNUAL COST OF $130~500 - APPROVED MR. MUDD: Commissioners, the next item is item 101, and it's 16B 13, and that reads, recommendation that the board approve and authorize the chairman to execute an amendment to the current contract with McDonald Transit Associates, Inc., to implement operation modifications to the Collier Area Transit CAT System, and Commissioner Coyle asked for this item to be moved to the regular Page 310 May 24, 2005 agenda. MS. FLAGG: Good evening, Commissioners. This is a contract amendment to reflect the staffing level and vehicle revenue hours as outlined in the transit development plan approved by the board in January and also the budget process. In addition, there is a question about the farebox revenues, and I've put a chart on your screen for you. In the transit development plan it showed flat revenues at 340,000. And I will tell you that the -- that plan was developed when those were the projected revenues. The ridership has -- continues to far exceed our expectations, and so those are the actual numbers that's coming in in terms of farebox. What happens is, is as those farebox revenues continue to exceed what we have proj ected, that will translate to the FY - '06 budget so it will reduce the request for FY-'06 because so much money's coming through farebox. CHAIRMAN COYLE: Commissioners, the reason I asked for this to be withdrawn is that on the -- in the financial analysis that's shown in your package, the farebox revenue is shown to be constant from year 2004 all the way out to 2008, and I thought that was crazy. And so I pulled this item because I wanted to know what the real fare box revenue was. And I've received an explanation of why it was included there. I don't think the explanation is sufficient. I don't know why we will include in an executive summary figures that are not accurate, that we know are not accurate. But nevertheless, I understand they came from an MPO report. And what we're seeing here are the actual farebox revenues as opposed to what was budgeted for the next four or five years. So I would just like to emphasize that we get accurate budget information, the best possible projections you have, so that we can properly analyze these things. And this does it. I'm okay with it, okay. Anybody have any other questions? Page 3 11 .---.---..,- ~ ._..,-,---~._--~~~,-,.,..., May 24, 2005 (No response.) CHAIRMAN COYLE: Okay. I'll make a motion for approval. 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. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Hearing none, it is unanimous. Item #10J RECOMMENDATION TO APPROVE A BUDGET AMENDMENT TO FUND HIRING SHERIFF'S DEPUTIES TO PROVIDE TRAFFIC CONTROL AT THE NORTH AND SOUTH ENDS OF GULFSHORE DRIVE DURING WEEKENDS, HOLIDAYS, AND SPRING BREAK - APPROVED MR. MUDD: Commissioner, next item is 10J. It used to be 16D3. Recommendation to approve a budget amendment to fund hiring sheriff deputies to provide traffic control at the north and south ends of Gulfshore Drive during weekends, holidays, and spring break, and that was at Commissioner Henning's request. And the reason he requested it, the best I could tell, based on our conversation, was the fact that you had the UFR list coming up on the Page 312 May 24, 2005 regular agenda, this was going to be consent, and he wanted to make sure that it was heard on the regular agenda and it wasn't just putting the cart out in front of the horse. COMMISSIONER HENNING: Right, that's it. COMMISSIONER HALAS: So we addressed it earlier today. COMMISSIONER HENNING: Right. CHAIRMAN COYLE: Yeah. I think we did. Is there other action that needs to be taken now? MR. MUDD: No, sir. CHAIRMAN COYLE: Did you need a motion on this? COMMISSIONER HALAS: The action we took this morning should supersede this; is that correct? MR. MUDD: Do you have the contracts in there? MS. RAMSEY: No, actually the contracts are existing contracts, and we're expanding the dollar amount attached to it. COMMISSIONER HALAS: But wait a minute, we did this -- we addressed this, so -- MR. MUDD: Yes, sir. You funded it in the budget. MS. RAMSEY: That's correct. MR. MUDD: It would be good, sir, if you approved this particular action, just to clarify any -- COMMISSIONER HALAS: Motion for approval. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: We allocated the funds. Now they want to modify the budget, so -- okay. So we have a motion by Commissioner Halas, a second by Commissioner Coletta, and we have a question by Commissioner Fiala. COMMISSIONER FIALA: No, just a little explanation. I had wanted to put this on my UFR list, except I saw it in here, and so I just want to say on the record, I saw it in here, so I didn't put it on my UFR, so we get it anyway, one way or another. Page 313 ......_~ May 24, 2005 Thank you. CHAIRMAN COYLE: Yes, that's right. 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: And opposed, by like sign. COMMISSIONER HENNING: No. CHAIRMAN COYLE: Hearing none, it passes unan -- you're saying no? COMMISSIONER HENNING: I still don't think that we ought to -- CHAIRMAN COYLE: Okay. It passes 4-1, with the Commissioner Henning dissenting. That should bring us to the end of our agenda, right, Mr. Mudd? MR. MUDD: Yes, sir, unless there's any public comment. MS. FILSON: There's no public comment. CHAIRMAN COYLE: No public comment. Very well. County Attorney, do you have a report? MR. KLATZKOW: None. CHAIRMAN COYLE: Okay. Mr. Mudd, anything for you? MR. MUDD: Oh, yes, sir. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS First the Collier Boulevard/Eagle Creek entrance. Okay. The Page 314 May 24, 2005 last meeting you told the staff to bring back that particular item on 14 June and give FDOT a letter to attend. CHAIRMAN COYLE: Invitation. MR. MUDD: Then it was -- then it was said that we'll get this -- we'll get this resolved during the MPO meeting on Friday the 13th, and I believe there was discussion at the MPO meeting, and this came up. That's what I've been told. And I wasn't there. I believe you were. CHAIRMAN COYLE: I wasn't. MR. MUDD: Okay. And it got brought up, and the secretary from the Florida Department of Transportation said that they wouldn't consider this particular item. And so what do you want me to do? Do we still want to have this on the 14th of June after we've got a pretty definitive answer back from the secretary ofFDOT, I think it was Mr. Kant at the time, or-- I'm kind of in limbo at this particular juncture. CHAIRMAN COYLE: He said that they would not consider it at the MPO meeting, or he said that FDOT would not consider a recommendation for a change? MR. MUDD: Given that FDOT made it clear at the MPO meeting today, that even with local support, that they would not agree to placement of the signal at Eagle Creek, how do you want me to address, signs Norman Feder. CHAIRMAN COYLE: Okay. MR. MUDD: They were pretty definitive that they wouldn't, even with local support. CHAIRMAN COYLE: I would still like for the board to authorize me to write a letter to FDOT urging them to reconsider and specifying any appropriate safety and welfare issues that are appropriate for the residents. COMMISSIONER FIALA: I would like that also. CHAIRMAN COYLE: We have one nod. COMMISSIONER HALAS: Yep. Page 315 May 24, 2005 CHAIRMAN COYLE: Okay. We've got three. So if you will prepare a letter that specifies the basis for our request, I'd like to get it out to FDOT and copy the homeowners' association. MR. MUDD: Yes, sir. The next item I'd like to talk about is a letter that I received from Marion County, and in the letter they basically talk about FEMA, who's one of our favorite people here lately, or an organization that's very infamous in Collier County at the present time, and basically talked about not receiving their debris removal amounts of money and stuff from the last hurricane, and the agency not being very forthcoming in a prompt way with their payments. And they want to know if we would like to go with them to Washington, D.C., to address this particular issue. Commissioner, I don't know if -- we have sent a staff member to Washington on FEMA issues before, and it's been very productive for us to be there and, you know, that person to represent the county and say, yeah, we're associated with the EOC, and yes, we need prompt payments. And I will tell you FEMA has paid Collier County in total, sheriffs bill and their county bill as far as what's been owed to us, and I believe that has a lot to do with our paperwork and how prompt we were in filling it out and getting it in on time. But they do have an issue in the rest of the State of Florida. Again, this is from Marion County, and it's signed by Randy Harris, who's the Marion County commissioner from District 4. They also have a letter attached that goes to Honorable Cliff Sterns at the House of Representatives as their representative, and they're wanting to know if we want to go with them. And I just need to know your direction. I mean, from a county -- Collier perspective, they've been prompt with our payments. COMMISSIONER HALAS: Is there snow storms predicted up there? Page 316 , ---------,.-. May 24, 2005 MR. MUDD: I hope not, sir. CHAIRMAN COYLE: Not right now. COMMISSIONER FIALA: Where's Marion County? COMMISSIONER HENNING: What's our benefit? MR. MUDD: To go up there and at least listen to see what the issues are and to see if there's any changes on how FEMA's going to respond in the future to a major disaster in the State of Florida or in other counties. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah. Will it help us in any way with our future negotiations with FEMA to establish some type of a rapport? MR. MUDD: Well, I don't think that this will be a rapport trip, ma'am. CHAIRMAN COYLE: Yeah. MR. MUDD: I think this is more of a B session and to listen to our complaints and say, why haven't you paid us. So I don't believe it's going to help us in any way, shape, or form, as far as saying we're going to tighten our relationships with them. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: We might be on the receiving end of this some day when we have a storm as far as this durbish (sic) removal goes. It's a big issue up in Charlotte County. It's absolutely buried them, destroyed their budget. They have people laid off, parks and rec. is just about shut down. CHAIRMAN COYLE: Okay. What is the consensus of the commission, that we do not participate? COMMISSIONER COLETTA: I think we should participate. CHAIRMAN COYLE: Okay. We have one for participation. Do we have any others for participation? Commissioner Henning is saying no. Commissioner Fiala? Page 31 7 May 24, 2005 COMMISSIONER FIALA: Yeah, I think maybe -- I don't want to -- I have to think about it for a minute. I don't want to ruin our rapport with them, but at the same time, you know, if we need to be doing this to make sure that -- you know, who the contacts are if anything ever happens to us, we'd want to know where to go, that might be an important thing. Commissioner Halas, though, seems to have a comment on this. Maybe that will help me. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I understand when County Manager Mudd made a statement about, we were able to get back all the funding that we sent -- that we spent in regards to hurricane cleanup. There's always two sides to the story, and I guess we need to find out what the other side of the story is, and did they submit the paperwork properly? And if they didn't, then, of course, then they have some very -- they have some concerns in regards -- they being FEMA and Marion County, because they need to talk together to find out where the shortcomings or where the shortfalls are in regards to submitting the paperwork. So there's another side of the story, and I -- since we've done very well-- I can understand where Commissioner Coletta's coming from, but I also think that the other county maybe needs to -- they've got an obligation to make sure that they addressed every issue, they dotted their I's and crossed their T's. We don't know if they did that or not. That's the part that we don't understand at this point in time. CHAIRMAN COYLE: The other point that we have to be cognizant of is that this is a trip not to talk with FEMA. It is a trip to talk with u.S. representatives to complain about FEMA, and that's what it says. Marion County would like to invite all counties to travel to Washington to address Florida's many u.S. representatives. Page 318 May 24, 2005 So they're going to the U.S. representatives to complain about FEMA's treatment of them, and I'm not sure this is the forum for creating working relationships with FEMA personnel. COMMISSIONER FIALA: Yes, I think you're right. CHAIRMAN COYLE: All right. COMMISSIONER FIALA: And I think Commissioner Halas brought up a really good point, you know, that there's a second side of the story that we haven't heard. CHAIRMAN COYLE: That's right. COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: But obviously FEMA does a lot of things wrong, like put flood maps in places where they shouldn't be putting them. MR. MUDD: Commissioner, we're going to talk about that in just a little bit. CHAIRMAN COYLE: Okay. Is there a general consensus you don't want to do anything with this? COMMISSIONER FIALA: Yeah, right now. COMMISSIONER HALAS: On this particular issue, no, not till -- unless we can find out some additional information. CHAIRMAN COYLE: We've got one, two-- COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: -- three, four people, at least, who say no. Okay. MR. MUDD: Okay. COMMISSIONER HENNING: But I'll go. COMMISSIONER COLETTA: I'd make a motion we send Commissioner Henning. CHAIRMAN COYLE: Okay, good. MR. MUDD: Commissioner, that brings us to another item. This has to do with Interstate 75 widening funding, you know, that the -- and I tried to get it all on one page, and the chair has already read Page 319 May 24, 2005 So they're going to the U.S. representatives to complain about FEMA's treatment of them, and I'm not sure this is the forum for creating working relationships with FEMA personnel. COMMISSIONER FIALA: Yes, I think you're right. CHAIRMAN COYLE: All right. COMMISSIONER FIALA: And I think Commissioner Halas brought up a really good point, you know, that there's a second side of the story that we haven't heard. CHAIRMAN COYLE: That's right. COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: But obviously FEMA does a lot of things wrong, like put flood maps in places where they shouldn't be putting them. MR. MUDD: Commissioner, we're going to talk about that in just a little bit. CHAIRMAN COYLE: Okay. Is there a general consensus you don't want to do anything with this? COMMISSIONER FIALA: Yeah, right now. COMMISSIONER HALAS: On this particular issue, no, not till -- unless we can find out some additional information. CHAIRMAN COYLE: We've got one, two -- COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: -- three, four people, at least, who say no. Okay. MR. MUDD: Okay. COMMISSIONER HENNING: But I'll go. COMMISSIONER COLETTA: I'd make a motion we send Commissioner Henning. CHAIRMAN COYLE: Okay, good. MR. MUDD: Commissioner, that brings us to another item. This has to do with Interstate 75 widening funding, you know, that the -- and I tried to get it all on one page, and the chair has already read Page 319 ._,--,-,.._-_... " May 24, 2005 this letter, and I sent it by him. And these are basically two letters to our senators and the state, one to each that basically says, we really need you to support the 1-75 funding. You know, on the House side they had 72 million that was earmarked, on the Senate side there's none that are earmarked. It goes to conference. Representative Young from Alaska, who's the chair of the transportation on the House side, is going to be a member and be the lead member from the House side in this particular conference. They haven't announced the Senate side, but I really believe that our senators need to mention it to whoever -- whatever senator gets picked. Could be -- could be Senator Bond from Missouri. And I've heard some rumors that this is important to us. It is a -- it is not only just a regional problem -- it's just not a county problem, it's a regional problem, Southwest Florida, but it's more than that. It's a 50 state problem, because during high season, we have representatives from every state down here that exacerbate the issues with this particular roadway. And I think we made that quite clear, Commissioner Halas, when we did our trip in Washington the first week in March, but I believe that these letters would be important at this particular time to have the chair sign just to make sure that they know that we're still -- we're still out there rooting for it. We talked to the Florida Department of Transportation's liaison in Washington, D.C., and asked if they wanted us to take a trip. They said, no, right now your letters of support from your chair would be a good thing to have. So that's why I drafted the letters, and I'm wondering if you'd agree to have the chair sign these and send them off to Washington. COMMISSIONER HALAS: Definitely. COMMISSIONER FIALA: Yeah, certainly. CHAIRMAN COYLE: Okay. We've got three nods here. Page 320 May 24, 2005 COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: (Nods head.) COMMISSIONER FIALA: Could I make a comment? I'm not sure, but I don't know if the newspaper ever cleared up -- they left the impression, that I've heard back anyway, that I-75's widening will not take place and -- because of this, and, of course, that isn't the case. The case is it's just going to be slowed down because we're not going to have that influx of money to start it sooner. MR. MUDD: No, ma'am, that's not the case at all. On the Senate side, the Senate doesn't normally earmark projects, okay. They basically worry about the percentage, the number of cents that come back on every dollar on gas tax that's paid. Right now the State of Florida gets 88 cents on the dollar. There are states of the union that get more than a dollar for a dollar. There's some that get 250 -- or $2.50 on the dollar that they pay because they're a receiver state. We're a donor state. One of the things that Commissioner Halas and I tried to get through, at least on the Senate side, was to make sure that we get into the 95 cents on the dollar. COMMISSIONER FIALA: I'm sorry to interrupt you, Mr. Mudd. But at the legislative conference, Mike Davis got up and he stated on the record, he said, you understand 1-75 will still be widened. He said, we have the money to do that; is that correct, Norman? MR. FEDER: Yes. COMMISSIONER FIALA: We have the money to do that, he said. But by not getting this influx of money, it puts it off a little bit. COMMISSIONER HALAS: The additional 12 million, which took it up to 72 million. They earmarked 50 million, but they didn't -- MR. MUDD: Oh, I think -- COMMISSIONER HALAS: It's not -- MR. MUDD: Can I finish just for a second, okay? COMMISSIONER HALAS: Yes. Page 321 May 24, 2005 MR. MUDD: The Senate doesn't earmark. It goes to conference. Normally when it goes into conference, it comes out -- it's when the House and the Senate come together and they do earmark particular dollars during that conference, and that's what goes to the president for signature. So it's important to whatever senators go to this conference bill, that they support Representative Young who's on our side as far as this $72 million so that we can still get the dollars COMMISSIONER FIALA: I don't disagree that we should do this. In fact, I was going to call Senator Biden. I don't know what he could do to help, but I have some -- friends with him, and so I would be happy to do that. But what I wanted to say was I wanted to clear up the misconception that 1-75 wouldn't be widened if this didn't go through. MR. MUDD: No, ma'am, that's not the case. You're right, you're absolutely correct. COMMISSIONER FIALA: And I believe that that's the impression that readers got when they saw the newspaper, and so I just wanted to clarify, it will get built. But this is very important to getting it built faster. And then, maybe we can have it widened all the way to 951 or something like that. You know, whatever. But I just wanted to say that road will be widened. Thank you. COMMISSIONER HENNING: You're going to fix that Dennis, right, the misperception? Good. CHAIRMAN COYLE: Okay. Anything else? MR. MUDD: Sir, the next item is the FEMA letter that you received. I received it yesterday, but I think you -- you might have got it yesterday, too, sir. But this is a letter from FEMA that basically talks about putting the flood plane maps into effect. I want you to pay attention to November 17th. They had told us on the phone it would be 1 July, and then Mr. Schmitt, I'd like him to come up and talk to the board just for a second or so basically to talk Page 322 ,..,.. "--"..~ May 24, 2005 about what options we have at this particular juncture. CHAIRMAN COYLE: Well, before you do that, I want a clarification. They're saying that the revised data was not received by March 31 st, 2005. Is that true or not? MR. MUDD: Commissioner, all the data for Collier County, lock, stock, and barrel, from the cost all the way to touch to Broward, Miami-Dade, was not all in on 31 March. CHAIRMAN COYLE: Okay. What portion was in on 31 March? MR. MUDD: The coastal part, sir. CHAIRMAN COYLE: Okay. And that's the one that is most dramatically impacted; is that not the case? MR. MUDD : Yes, sir. During these maps, that's the one that's most impacted. MR. SCHMITT: Can I clarify, Commissioner Coyle? For the record, again, Joe Schmitt, administrator of community development! environmental services. There are two issues of concerns here. Of course, the Sheet 2D study, this started, as you well know, back in 1996, and the Sheet 2D study was the area that was most contentious that had to do with mostly around Golden Gate City, Golden -- I mean, Golden Gate and the Golden Gate area, Orangetree. The second was, of course, the issue having to do with the surge model and the surge studies. But when you say data, there's a series of data that have to go in. It's a repetitive kind of a iterative and repetitive process. We provide the data, they review it, they provide back comments, and it goes back and forth. Everything that had to do with the coastal study was into FEMA by the middle of April. There was some preliminary submittals in March, the rest of it was in their hands in April. They have done nothing with the information that we have provided to date. Now, I can have Robert Wiley come up and give a thorough Page 323 May 24, 2005 review, but unfortunately, this project, more -- turned into a lot more than what we thought it was going to be a year ago. What was, a year ago, the Sheet 2D study and the coastal region of the county grew into seven basins and the coastal area, and the thoughts from FEMA was, it was an all-or-nothing game. You turn in everything for the entire county, all seven basins -- actually six, Ave Maria was added late in the game -- and you turn them all in so we can have all the information, or it was all or nothing. And that was certainly not our understanding or our agreement. We focused on the coastal area first. We thought that was the most important in regards to the impact on the county. My talks, again, with FEMA on Monday, they're still focussing-- quite frankly, they think Golden Gate is the most critical issue. But they did acquiesce to our concerns in regards to the inaccuracies in the maps, the many, many anomalies that we questioned, and that is now a Zone D. But I have some graphics if you want to see how this -- fundamentally how they -- the flood maps have changed, and if you want to get into that this evening. CHAIRMAN COYLE: I know how they've changed. I've been working on this for seven years. MR. SCHMITT: Yes. CHAIRMAN COYLE: I was on the city council when we decided we'd negotiate an agreement with the county to jointly pursue a protest of these maps. I'm particularly disappointed it has taken us that long to come up with the protest data. I can remember times when we were discussing this, and they told us to get it to them within six months, and that was probably 2002. MR. SCHMITT: Commissioner, nothing was been done until last year. There were some studies done to basically prove the maps were not valid, but there was nothing done by this county until last year when Commissioner Coletta and my staff, some of my staff, went Page 324 May 24, 2005 up to talk to the folks at FEMA region four. We, at that time, left knowing that this probably would be a two-year process. We asked for a year, we got six months, actually we got eight months. Eight months for us to complete all the studies for an area certainly the size of the State of Road Island. But that -- but that, as I said, morphed into a lot more than what it was when you were on the city council. There was really nothing done over the years other than letters back and forth and disputes in regards to the data that was used for the base -- the preliminary maps. A year ago we agreed, and FEMA agreed, to accept our study proposal as an alternative for the flood -- the flood insurance studies that support the flood insurance rate maps, and we agreed that we would then spend that money. And we had to come to you on three different occasions to basically get more money as this proj ect began to morph into much more than what it was. Also, sadly to say, this county -- the mapping situation in this county was deplorable. Eighteen months ago there was no vertical control -- no vertical control in the Estates. In 2002 and 2003, not to have vertical control is -- well, I mean, from an engineering standpoint, that's absolutely criminal. But it was through the efforts of Stan Chryzanowski and the engineering staff, we partnered with the federal government, we got vertical control put in 47 stations, if I recall, Stan, somewhere in that area where we got the vertical control. And then we had to turn around where when a year ago we thought that the lidar maps that -- the lidar information we had was going to be valid and accepted, it was not. It was never registered. We had to then pay almost $30,000 to have that registered to known points in the county, again, requiring surveyors to take the appraiser's lidar, and -- CHAIRMAN COYLE: Okay. Well, we don't have to rehash everything that's happened here, but-- Page 325 May 24, 2005 MR. SCHMITT: It was one issue after another. CHAIRMAN COYLE: My memory of this is substantially different from yours. MR. SCHMITT: Yes. CHAIRMAN COYLE: And I'm going to ask that you provide me with copies of the minutes of every meeting we have had on the FEMA issue for as far back as you've got records, because I recall sitting in meetings and discussing with consultants, and I remember making decisions about paying a consultant to do certain things, and I remember having extensive discussions about wave setup heights and all of those things a long, long time ago. Now, I am very concerned that I -- I'm concerned most about FEMA, but I am also concerned that we didn't meet some deadlines that we knew were deadlines, and we made the assumption that we were going to be able to have a friendly negotiation with FEMA, and I don't think we took this seriously enough, I really don't. MR. SCHMITT: Commissioner, we took it very seriously. CHAIRMAN COYLE: Well, I don't get that impression. MR. SCHMITT: Okay. CHAIRMAN COYLE: But nevertheless, you have a chance to prove me wrong. You get me those minutes of those meetings, let's discuss what was decided then, what the deadlines were that we established -- what, was it Tomasello -- MR. SCHMITT: Yes. CHAIRMAN COYLE: -- and Company, what they committed to doing, when they committed to doing it. I can even remember when they stood before us said, we can analyze this and tell you within the next 60 days whether or not you have a good chance of winning this argument about the flood data. MR. SCHMITT: Commissioner, and that was done. There was a lot of studies done to support the fight to prove that the maps that they were trying to implement were inaccurate. Those things were done. Page 326 May 24, 2005 What was not done and what we agreed to back a year ago was to do the study ourselves, and that's when we came to you for the money to do the studies ourselves. When I said nothing was done, there were studies done to disprove the maps that were being proposed to be fielded, but there was nothing done from the county in regards to trying to initiate us to do the studies themselves. CHAIRMAN COYLE: The reason I'm -- the reason I'm getting into this is that if we're going to get into a battle with FEMA, we've got to make sure we're clean, okay, and the last thing I want to do is get blind-sided by FEMA if we get into a legal argument with them and they say, we told you you had to do this by such and such a time and you didn't do it. And I think that's exactly what they've done to us. They have just decided, you didn't meet our deadline, so we're going to throw it all away. MR. SCHMITT: Well, in summation, yes, that's exactly-- CHAIRMAN COYLE: And so we've got to deal with that. I would just like to make a recommendation that we investigate a potential legal injunction against FEMA to keep them from implementing these maps if that is possible. What do you think? MR. KLATZKOW: Sir, we will certainly prepare a memorandum to that effect. CHAIRMAN COYLE: Okay. If you could just advise us as to what that would involve. And Commissioner Henning, let me -- he's got his light on first. COMMISSIONER COLETTA: Sorry. I just wanted to get your attention. COMMISSIONER HENNING: I think we all knew when the date was, and it wasn't about a month ago that we had -- was informed that, hey, we've got a problem, we're not going to get done. You know, shame on us. I guess it really wasn't that important. Page 327 ~. .~,-_..._,~.-------,- May 24, 2005 The second thing is, what was the contract with the consultant on putting together the new maps? What is the responsibility there? And, you know -- CHAIRMAN COYLE: We've got to understand that. COMMISSIONER HENNING: You're exactly right, Commissioner Coyle, is we all knew the date, and it slipped away. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I wanted to point out that we -- we were pretty much informed of the fact that it was going to take longer than allowed, we were hoping to get an extension of the time. But the truth of the matter is, our delaying action and putting it on hold like that has saved the taxpayers of Collier County tens of millions of dollars in premiums they didn't have to pay because we're going through this process trying to sort out what it is that is flood -- that's required under the flood insurance. And I agree, we have to keep the -- we have to keep it going, we have to keep the fight going. I think staff has done an admirable job, and we fell a little bit behind with the hurricanes as far as Tomasello goes. They had -- there are requirements they had to fill for their other customers, and they fell behind because of being -- the hurricane itself, three hurricanes. So it's been an ongoing process. I don't think there's been anything left along the way where the commission hasn't been informed. We've been informed every step of the dir -- every direction, every step of the way, but you'll find that out when you get those minutes. CHAIRMAN COYLE: Yep, I hope so. Now, does anybody disagree with asking our county attorney to give us a legal opinion on how we can maybe keep FEMA from doing this, from implementing those maps? Is there any objection by any of the members? COMMISSIONER FIALA: No. CHAIRMAN COYLE: Okay. Then we're ready to go. Page 328 May 24, 2005 Commissioner Fiala? COMMISSIONER FIALA: Yeah, we did have one extension, right, from January to March? MR. SCHMITT: We had one extension. We had a December deadline, which we knew was impossible last March when we first were told we could do this. They gave us a three-month extension, and -- COMMISSIONER FIALA: Just for the record. MR. SCHMITT: -- we provided the preponderance of the information. And we will have everything to them final by the 1 st of July. They have done nothing with the information we provided. When I spoke with the representative at FEMA, they pretty much said, well, we really don't have the money to spend on this project because it's -- we give them the data, they review the data, they provide it back to our consultant. Based on technical comments and critiques, we run the models again, and then our consultant produces the draft maps, and then the maps are then sent to FEMA to finalize. So it is somewhat of an iterative process. They simply do not believe that we could even finish based on where we are right now, and I totally disagree. We will -- we will have everything in. We've been consulting with James Lee Witt, Witt and Associates, to ask them to intervene, and they're looking into it right now. They'll provide me back a quote, whether or not they think they can intervene as a lobbyist on our behalf to try and convince FEMA, because, frankly, the preliminary data that we have from our consultant in regards to the -- looking at the coastal maps pretty much refutes the flood elevations -- the base flood elevations that they are proposing. And we have the information now to pretty much prove that their implementation is flawed; however -- MR. MUDD: Joe, let me -- just for brevity -- we'll give you all the backup documents, sir. I'd ask the county attorney's office to give Page 329 May 24, 2005 us an idea about injunction, understand that we'll have all the data in by the 1 st of July. They're not going to implement until the 17th of November. And you know, you also have to worry about good faith on their part, okay, and Mr. Schmitt did talk about the telling him that they didn't have money in their budget anyway to do anything with their consultant, Newberry ( sic) -- COMMISSIONER FIALA: Dewberry. MR. MUDD: -- Dewberry and Davis. COMMISSIONER FIALA: Dewberry and Davis. MR. MUDD: Okay. They didn't have any money to do that, so we were just being led on. We've got mission impossible. We asked for two years, they gave us six months, they gave us a three-month extension. You know, my answer to everybody is, if you know it's going to take two years and you short-sheet them, guess what, you're going to be short -sheeted. We've gone through a pretty good effort, and we'll give you all that information, sir. CHAIRMAN COYLE: Okay, good. That will be helpful. Commissioner Halas? MR. MUDD: Let it go, Joe. MR. SCHMITT: I need to ask for some guidance. COMMISSIONER HALAS: I also think that they had a -- they had some problems because of the software that was presented to the county and trying to interface the software that was presented by FEMA, and then we had to basically rewrite all the software to make it compatible with what we were trying to do. Is my -- am I correct on my assumption there? MR. SCHMITT: Commissioner, what they gave us, the models that they gave us, were converted for tran -- programs that they ran in the '80s that were converted to run on PC. We were the first county in Page 330 May 24, 2005 the country to actually use those to run the models. Our contractor spent more time debugging the model than he did running the data through the model, and we are still having problems with that. But we are the first county -- we're the only county, really, that's done this. There's another county right now that's going through the similar situation we are in St. Louis, St. Louis County. But this is pretty much where we're at. I guess from the guidance perspective, you want us to -- the other thing we're going to do is continue to fight this. And from a standpoint of a county perspective, once the maps -- I need to let you know at least from the risk perspective, that this is a -- basically a final notice, and if we refuse to implement and follow the base flood elevation mandates, it will have a significant detrimental impact on our community rating system for flood insurance for the county. CHAIRMAN COYLE: Now, nobody's talked about refusing to do anything. We're talking about a legal process of trying to stop them from implementing it. And all I would suggest to you is that we move ahead rapidly to get this stuff done as quickly as possible, and then the county attorney can advise us as to what our legal options are. And if we have an opportunity for proceeding through the courts, then at least we'll have the data necessary to back up our position. So let's continue to march on that. Is everybody okay with that? COMMISSIONER FIALA: Uh-huh. COMMISSIONER HALAS: Yes. MR. MUDD: Commissioner, last item, and I'm sorry I'm so long-winded today, and I don't want to win your award. COMMISSIONER HENNING: You're having some help. MR. MUDD: We've to -- we received our two appraisals for Caribbean Gardens from our two independents, okay. They came in very tight to each other, which is -- which is good news. We are waiting on the appraisal from the family, from the Page 331 ""..-..----.--- May 24, 2005 Fleischmanns. They were supposed to have that in the first of this week. I believe, based on our -- my conversation, it's significantly higher than our two appraisals, and our independents will take a look at their appraisal to see if there's any problems with it as they go through the negotiation, and that's where we sit, sir. CHAIRMAN COYLE: Okay. And you're not going to reveal our appraisals until we get their appraisal; is that essentially -- MR. MUDD: Until our -- until the Trust for Public Lands, Mr. Garrison, has an opportunity to give them our offer and get some replies. Let us take a look so it still stays friendly, and I believe that will pay us dividends in the long run, sir. CHAIRMAN COYLE: Okay, wait a minute, back up. I'm not sure I understand. They are going to give us -- the family is going to give us their appraisal soon. At that point in time, then the Trust for Public Lands will start negotiations with respect to purchase; is that basically what we're -- MR. MUDD: Commissioner, you're right. But the Trust for Public Lands knows that the only thing that we can offer, okay, is the average of our two appraisals. CHAIRMAN COYLE: Yes. MR. MUDD: Let our two appraisers, independent ones, review the appraiser from Fort Myers, who isn't local, and figure out if there's any areas that look like they're in error so that we can -- our intermediary could go -- Mr. Garrison from the Trust for Public Lands -- can go with that arm back to the family and make -- and make that offer. CHAIRMAN COYLE: Okay. So, bottom line is, we're going to get their appraisal, we're going to look at their appraisal, and then we're going to go talk? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. Thank you. Is that all, I hope? MR. MUDD: I hope. Page 332 May 24, 2005 CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I was going to ask Stan, where do I stand on my house in my flood area, but he just left. But there is one thing. We had a change order on the agenda. It actually is a good change order. North Naples Regional Park, over a million dollars, really bringing down that park, and the total change orders to date is like $10 million negative, which is a good thing. The reason I wanted to bring up North Naples Regional Park, even though it is in North Naples, it's going to service the whole county, and even more than that, the region, because of, you know, the splash park, the ball fields, the soccer courts. And I would -- just asking if there's any consideration of my colleagues to ask the school kids or somebody, hey, you got a better name than North Naples Regional Park? CHAIRMAN COYLE: Sure. Coyle Park would be really nice. COMMISSIONER HENNING: Coyle Park. COMMISSIONER HALAS: It's in my district, why not call it Halas Park. CHAIRMAN COYLE: No. COMMISSIONER HENNING: Halas Park. CHAIRMAN COYLE: That might not be a bad idea. COMMISSIONER HENNING: Maybe-- CHAIRMAN COYLE: As long as it's not called Best Friends Park or something like that. COMMISSIONER HENNING: Do you think you could bring some recommendations, or -- MS. RAMSEY: Well, actually, that -- the name was actually discussed at parks and recreation advisory board last week, and parks and recreation advisory boards really likes the name North Collier Regional Parks because it encompasses a larger area. And they voted on bringing that forward to discuss that as the option, North Collier Regional Park. Page 333 May 24, 2005 COMMISSIONER HENNING: I guess that's better than North Naples Regional Park. Collier Splash Park? You know, and -- I think it would say more than, you know, the uses -- MS. RAMSEY: Well, part of our marketing plan is inside the North Collier Regional Park, we would have a separate name for the water park area, and the name that's sticking out there right now is Aquatica. CHAIRMAN COYLE: Aquatica? MS. RAMSEY: Aquatica. CHAIRMAN COYLE: Let's terminate this conversation. COMMISSIONER HENNING: Yeah, that sounds good. Can I go home? MS. RAMSEY: So we have requested additional names for that particular element for marketing purposes. COMMISSIONER FIALA: Splash Park is a lot easier to understand than Aquatica. MS. RAMSEY: It doesn't really roll off your tongue, does it? CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: No, I wouldn't dare say anything. CHAIRMAN COYLE: Good, good, and I'm not either. And I would hope the other two commissioners don't also. You don't have anything to say, do you? COMMISSIONER COLETTA: Just a couple pages here. No, I'm just glad today's coming to an end. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I'll make this as brief as possible. Commissioners, I feel that we owe the county here an EOC center. I believe that the center that we presently have, I think all of us realize it's very antiquated and it doesn't meet the conditions that this county is growing in. And I would hope that one of the commissioners would find the heart to bring this back, because I think it's very, very important. Page 334 May 24, 2005 We're looking at a time frame of two years, and if we have to look at other places and have to look at buying property and whatever else, and then looking at new engineering designs, we could be as far as five years away. And at the rate that this county is growing, I really think that we -- as commissioners, we have to make sure that we take care of the citizens that are here in this county. It's part of the health, safety, and welfare issue, and I really believe strongly that we need to address this. CHAIRMAN COYLE: I think it's already been solved, but nevertheless. COMMISSIONER HALAS: I hope so. COMMISSIONER FIALA: We all agree with you, you know. CHAIRMAN COYLE: I think the county manager has a plan, and I think it will get done. COMMISSIONER HALAS: I sure hope so. CHAIRMAN COYLE: He can work miracles, so it's -- we're out of here. ***** Commissioner Coletta 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 ENVIRONMENTAL SERVICES DEPARTMENT TO SUBMIT A GRANT PROPOSAL TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF INVASIVE PLANT MANAGEMENT (BIPM) FOR CONTRACTOR SERVICES TO REMOVE MELALEUCA WITHIN THE CONSERVATION COLLIER RAILHEAD SCRUB PRESERVE (AMERICA'S BUSINESS PARK) Page 335 May 24, 2005 Item #16A2 AGREEMENT FOR SALE AND PURCHASE WITH KATHERINE LUBBERS, MARY ANN CHAMBL Y, AND RONALD GENE THOMAS FOR 1.14 ACRE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $37.850.00 Item #16A3 PAYMENT FOR THE MEMBERS OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD TO ATTEND THE FLORIDA ASSOCIATION OF CODE ENFORCEMENT 2005 EDUCATIONAL WORKSHOP - LOCATED IN FT. MYERS ON JUNE 15 - 18.2005 AT A COST OF $405.00 Item #16A4 RESOLUTION 2005-191: PETITION AVESMT2005-AR7154 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 980, PAGES 1374 THROUGH 1375, AND IN THE IRRIGATION MAIN EASEMENTS AS REFERENCED IN RESOLUTION NO.92-341, AS RECORDED IN OFFICIAL RECORD BOOK 1740, PAGES 919 THROUGH 948, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 20, TOWNSHIP 48 SOUTH. RANGE 26 EAST Item #16A5 Page 336 May 24, 2005 AGREEMENT FOR SALE AND PURCHASE WITH ANTONIE AND STEFAN COOKE FOR 1.59 ACRE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $40.900 Item #16A6 RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK UNIT 5, A VIAMAR PHASE ONE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/ STIPULATIONS Item #16A7 RECORDING THE FINAL PLAT OF "VALENCIA LAKES PHASE 5-A", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/ STIPULATIONS Item #16A8 CLAIMS BY TWO FORMER OWNERS OF LOTS WITHIN IMPERIAL WILDERNESS RV RESORT, FOR REIMBURSEMENTS TOTALING $5,456.88 IN OVERPAID IMPACT FEES, AND AUTHORIZE PAYMENTS OF THE SAME - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A9 FIVE YEAR CONTRACT BETWEEN THE FLORIDA FISH AND Page 337 May 24, 2005 WILDLIFE CONSERVATION COMMISSION (FWCC) FOR THE MANAGEMENT OF WATERWAYS MARKERS AT AN ANNUAL COST OF $20,000 TO BE FULLY REIMBURSED BY THE FWCC AND TO GRANT THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR AUTHORITY TO SIGN ANNUAL CONTRACT EXTENSIONS - TO PRESERVE AND ENHANCE THE SAFETY OF WATERWAYS IN COLLIER COUNTY Item #16AI0 AMENDMENT TO THE WATER WELL CONSTRUCTION PROGRAM DELEGATION AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT - TO REGULATE THE CONSTRUCTION, REPAIR AND ABANDONMENT OF WATER WELLS Item #16All RESOLUTION 2005-192: SUBMISSION OF THE 2005 CONTINUUM OF CARE (COC) HOMELESS ASSISTANCE CONSOLIDATED GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN THE AMOUNT OF $597,321, AND AUTHORIZE THE CHAIRMAN TO SIGN THE APPLICATION ON BEHALF OF COLLIER COUNTY AND THE BOARD OF COUNTY COMMISSIONERS (BCC) - FOR THREE PROJECTS THAT WILL BENEFIT THE HOMELESS POPULATION IN COLLIER COUNTY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B 1 Page 338 May 24, 2005 RESOLUTION 2005-193: ESTABLISHING A "NO PARKING" ZONE ON V ANDERBIL T BEACH ROAD (CR 862) FOR A DISTANCE OF 1000 FEET EAST AND 1000 FEET WEST OF THE CENTERLINE OF VANDERBILT DRIVE (CR 901) ALONG BOTH THE NORTHERN AND SOUTHERN SHOULDERS OF VANDERBILT BEACH ROAD, AT A COST OF APPROXIMATELY $1600 - DUE TO A SIGHT-DISTANCE PROBLEM WHERE VEHICLES WERE PRESENTING AN OBSTRUCTION TO VEHICULAR TRAFFIC Item #16B2 THREE (3) ADOPT-A-ROAD AGREEMENTS FOR THE FOLLOWING: JOHN R. WOOD, INC. REALTY - JEAN MARC KATZEFF,A TODA MARCHA AND A TODAMARCHA-AT A TOTAL COST OF $150.00 Item #16B3 AWARD BID #05-3804, "TRAFFIC PRE-EMPTION EQUIPMENT," TO TEMPLE, INCORPORATED - TO BE USED TO SAFELY MOVE FIRE, AMBULANCE AND SHERIFF'S OFFICE VEHICLES THROUGH INTERSECTIONS BY GRANTING A UNIQUE IDENTIFICATION CODE - EXPECTED COST TO BE $200.000 PER YEAR Item #16B4 RESOLUTION 2005-194: AUTHORIZING THE FILING OF THE TRIP AND EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION Page 339 May 24, 2005 DISADVANTAGED (CTD). ($556,218) - TO COVER A PORTION OF THE OPERATING EXPENSES OF THE TRANSPORTATION DISADV ANT AGED PROGRAM Item #16B5-Continued to June 14,2005 BCC Meeting AWARD RFP 05-3798, IN THE AMOUNT OF $134,002 TO TINDALE-OLIVER AND ASSOCIATES, INC., FOR CONSULTANT SERVICES FORA TRANSPORTATION FACILITIES IMP ACT FEE UPDATE STUDY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B6 WORK ORDER IN THE AMOUNT OF $314,275.50 TO D. N. HIGGINS, INC. FOR THE FISH BRANCH CREEK BOX CULVERT PROJECT (PROJECT #510211), IN ACCORDANCE WITH THE GENERAL UNDERGROUND UTILITY CONTRACT NO. 04-3535 - TO EXTEND THE LENGTH OF THE TWIN BOX CULVERT WHICH WILL PROVIDE ADDITIONAL SHOULDER SPACE AND IMPROVE SAFETY CONDITIONS Item #16B7 CONTRACT FOR RFP-05-3774 "GORDON RIVER WATER QUALITY PARK-ENGINEERING DESIGN" IN THE AMOUNT OF $599,850.00 TO CH2M HILL - TO ASSIST THE TRANSPORTATION SERVICES DIVISION, STORMWATER MANAGEMENT DEPARTMENT IN THE DESIGN OF THE GORDON RIVER WATER QUALITY PARK Item #16B8 Page 340 May 24, 2005 AWARD BID #05-3822, FIBER OPTIC COMMUNICATIONS INSTALLATION AND MAINTENANCE," TO KENT TECHNOLOGIES, INCORPORATED (PRIMARY) AND PRECISION CONTRACTING SERVICES, INCORPORATED (SECONDARY) AS PART OF A JOINT FIBER OPTICS INFRASTRUCTURE PROJECT BETWEEN THE COLLIER COUNTY TRAFFIC OPERATIONS DEPARTMENT (PROJECT #60172-2) AND THE INFORMATION TECHNOLOGY DEPARTMENT (PROJECT #50028) AT AN ESTIMATED COST OF $659,070.51 - TO INSTALL 45 MILES OF FIBER OPTIC CABLE FOR AN ADDITIONAL 65 INTERSECTIONS AND 25 MONITORING CAMERAS Item #16B9 SUPPLEMENT AGREEMENT NO.2, TO PROFESSIONAL SERVICES AGREEMENT NO. 02-3398 IN THE AMOUNT OF $362,688.00 FOR ADDITIONAL ENGINEERING SERVICES TO BE PROVIDED BY CH2M HILL, INC., FOR DESIGN AND PERMITTING MODIFICATIONS FOR THE SIX-LANING OF COLLIER BOULEVARD FROM GOLDEN GA TE BOULEVARD TO IMMOKALEE ROAD~ PROJECT NO. 65061 Item #16BI0 ADVERTISEMENT FOR BIDS TO CONSTRUCT THE SIX- LANING OF COLLIER BOULEVARD, FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD, PROJECT NO. 65061 AT AN ESTIMATED CONSTRUCTION COST OF $20~000~000 Item #16Bll Page 341 May 24, 2005 AWARD BID #05-3810 "LIVINGSTON ROAD LANDSCAPE MAINTENANCE ANNUAL CONTRACT" TO COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $341,491.11 INCLUDING THE ALTERNATES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B12 Moved to Item # 10H Item #16B13 Moved to Item #101 Item #16B14 AWARD BID #05-3820, "US 41 ROADWAY LIGHTING MAINTENANCE" TO KENT TECHNOLOGIES, INCORPORATED FOR AN ESTIMATED ANNUAL COST OF $130,500.00 - FOR MAINTENANCE AND REPAIR OF APPROXIMATELY 580 LUMINAIRES ON US 41 TO COLLIER BOULEVARD AND NORTH OF GRANADA BOULEVARD TO OLD US 41 Item #16B15 INITIATING THE COMPETITIVE SELECTION AND NEGOTIATION PROCESS TO SECURE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH A QUALIFIED ENGINEERING/SURVEYING FIRM TO CONDUCT THE REQUIRED SURVEY IN GOLDEN GATE ESTATES (GGE) AREA FOR APPROXIMATELY 100 MILES OF LOCAL ROADWAYS, AND THE ASSOCIATED DRAINAGE IMPROVEMENTS - AT AN APPROXIMATE COST OF $750~000 Page 342 May 24, 2005 Item #16B16 AWARD BID #05-3832 LIVINGSTON ROAD (V ANDERBIL T BEACH ROAD TO IMMOKALEE ROAD) LANDSCAPE AND IRRIGATION INSTALLATION TO VILA AND SON LANDSCAPING CORPORATION WITH A BASE AMOUNT OF $692,040.83 AND 10% CONTINGENCY OF $69,204.08, FOR A TOTAL OF $761~244.91 Item #16B17 AWARD BID #05-3832 GOLDEN GATE PARKWAY LANDSCAPE AND IRRIGATION INSTALLATION TO VILA AND SON LANDSCAPING CORPORATION WITH A BASE AMOUNT OF $405,776.90 AND 10% CONTINGENCY OF $40~577.69~ FOR A TOTAL OF $446~354.59 Item #16B18 AWARD COLLIER COUNTY BID #05-3830 DAVIS BOULEVARD LANDSCAPE AND IRRIGATION RENOVATIONS TO VILA & SON LANDSCAPING CORPORATION WITH A BASE BID AMOUNT OF $112,858.75 AND THE BROOKSIDE PLANTING ADDENDUM #3 BID ALTERNATE OF $19,083.20 PLUS A 10% CONTINGENCY, FOR A TOTAL OF $145.136.14 Item #16B19 AWARD BID #05-3830 U.S. 41 NORTH (VANDERBILT BEACH ROAD TO IMMOKALEE ROAD) LANDSCAPE AND IRRIGATION INSTALLATION TO VILA AND SON Page 343 May 24, 2005 LANDSCAPING CORPORATION WITH A BASE AMOUNT OF $277,756.27 AND 10% CONTINGENCY OF $27,775.63, FORA TOTAL OF $305..531 Item #16B20 AWARD BID #05-3830 U.S. 41 EAST (RATTLESNAKE HAMMOCK TO ST. ANDREWS BLVD.) LANDSCAPE AND IRRIGATION INSTALLATION TO HANNULA LANDSCAPING WITH A BASE OF $429,439.58 AND 10% CONTINGENCY OF $42..943.96.. FOR A TOTAL OF $472..383.53 Item #16B21 AWARD BID #05-3812 GOODLETTE FRANK (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) LANDSCAPE AND IRRIGATION INSTALLATION TO HANNULA LANDSCAPING WITH BASE AMOUNT AND ALTERNATES OF $631,635.43 AND 10% CONTINGENCY OF $63,163.54, FOR A TOTAL OF $694..798.97 (PROJECT #601344) Item #16Cl BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $395,000 FROM THE COLLIER COUNTY WATER-SEWER DISTRICT OPERATING FUND (408) RESERVE FOR CONTINGENCIES, IN ADDITION TO A TRANSFER OF $17,000 FROM THE NORTH COUNTY WATER RECLAMATION FACILITIES CAPITAL OPERATING BUDGET AND $33,000 FROM THE SOUTH COUNTY WATER RECLAMATION FACILITIES CAPITAL OPERATING BUDGET TO COVER UNANTICIPATED OPERATING EXPENSES IN THE Page 344 May 24, 2005 AMOUNT OF $445,000 INCURRED BY THE NORTH COUNTY WATER RECLAMATION FACILITY, WASTEWATER REUSE, AND THE SOUTH COUNTY WATER RECLAMATION FACILITY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 SA TISF ACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $77.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C3 SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $48.50 TO RECORD THE SATISFACTIONS OF LIEN Item #16C4 RESOLUTION 2005-195: 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 #16C5 RESOLUTION 2005-196: SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS Page 345 May 24, 2005 SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN Item #16C6 RESOLUTION 2005-197: SATISFACTION OF LIEN FORA SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN Item #16C7 RESOLUTION 2005-198: 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 #16C8 RESOLUTION 2005-199: SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL Page 346 May 24, 2005 ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN Item #16C9-Withdrawn PURCHASE A MC2 MAPPING MOBILE COLLECTION SYSTEM FROM AMCO WATER METERING SYSTEMS, INC. IN THE AMOUNT OF $36,000.00 - TO COMBINE THE COUNTY'S WIRELESS AUTOMATED METER READING SOFTWARE WITH A GLOBAL POSITIONING SOFTWARE MAPPING SYSTEM Item #16CI0 RESOLUTION 2005-200/CWS RESOLUTION 2005-03: AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON-EXCLUSIVE PERPETUAL UTILITY AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND ACCESS EASEMENTS FOR THE CONSTRUCTION OF WATER TRANSMISSION MAINS ALONG C.R. 951 (COLLIER BOULEVARD) FROM DAVIS BOULEVARD SOUTH TO U.S. 41, PROJECT NUMBERS 70151 AND 70152, AT A COST NOT TO EXCEED $2,297,444- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Cll RETURN THE FUND BALANCE OF $82,402.10 TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR CONTRACT NO. GC623, TASK ASSIGNMENT 2 AND 3 AND THE NECESSARY BUDGET AMENDMENT Page 347 May 24, 2005 Item #16C12 BUDGET AMENDMENT IN THE AMOUNT OF $9,415 TO RECOGNIZE ADDITIONAL REVENUE FROM INSURANCE COMPANY REFUNDS AND TRANSFER FUNDS FROM OTHER MACHINERY AND EQUIPMENT TO AUTOS AND TRUCKS Item #16C13 TRANSFER OF A 0.25 FTE (FULL TIME EQUIVALENT) POSITION FROM MISCELLANEOUS GRANT FUND (116) TO WATER POLLUTION CONTROL FUND (114) - FOR A SENIOR PROJECT MANAGER WITH THE POLLUTION CONTROL & PREVENTION DEPARTMENT Item #16C14 AWARD THE CONSTRUCTION OF A "PIGGING STATION FOR IMMOKALEE ROAD 30-INCH FORCE MAIN", BID 05-3766R, PROJECT 739431, FOR $643,500.00 TO DOUGLAS N. HIGGINS, INC. - TO IMPROVE THE RELIABILITY OF THE IMMOKALEE ROAD 30-INCH FORCE MAIN Item #16C15 ADD TWO FULL TIME EQUIVALENTS (FTE'S) IN mL Y 2005 THAT WERE PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE FY2006 BUDGET AND APPROVE A RELATED BUDGET AMENDMENT. THE POSITIONS ARE FOR CUSTOMER SERVICE PERTAINING TO THE SOLID WASTE MANDATORY COLLECTION AND DISPOSAL PROGRAM. FISCAL IMPACT IS $38,700 FOR Page 348 May 24, 2005 FY2005 Item #16C16 EXECUTION OF A LETTER OF AGREEMENT TO PROVIDE CONSULTING SERVICES, NOT TO EXCEED $24,500.00, TO ASSIST THE COLLIER COUNTY WATER-SEWER DISTRICT ("THE DISTRICT") IN THE ESTABLISHMENT OF BULK WATER AND WASTEWATER SERVICE RATES TO PROVIDE BULK SERVICE TO SPECIFIC AREAS SERVED BY THE CITY OF MARCO ISLAND ("THE CITY"), TO DEVELOP WATER AND WASTEWATER IMP ACT FEES FOR PROVIDING LONG TERM BULK SERVICE TO THE CITY AND TO REVIEW THE WHOLESALE WATER AND WASTEWATER AGREEMENTS BETWEEN THE DISTRICT AND THE CITY Item #16C17 AWARD OF CONTRACT #05-3829 FOR A PAVED P A THW A Y AND VIEWING BENCHES AROUND PONDS A AND B AT THE EAGLE LAKES NATURE INTERPRETIVE CENTER PROJECT 74050, IN THE AMOUNT OF $357,379.12 - TO ENHANCE THE WILDLIFE AND BIRD VIEWING OPPORTUNITIES AVAILABLE TO THE PUBLIC BY PROVIDING A PAVED PATHWAY AND COVERED VIEWING BENCHES Item #16Dl AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED COST OF $70,000.00 - TO OBTAIN COST- Page 349 May 24, 2005 EFFECTIVE AND RELIABLE TRANSPORTATION SERVICES FOR RECREATION PROGRAM PARTICIPANTS - EFFECTIVE THROUGH APRIL 2006 Item #16D2 AWARD BID #05-3843 FOR FOOD FOR THE SUMMER MEAL PROGRAM FOR PARKS AND RECREATION TO CHENEY BROTHERS, INC. AT AN ESTIMATED COST OF $125,000.00- TO PROVIDE FREE NUTRITIOUS MEALS DURING THE SUMMER TO COLLIER COUNTY CHILDREN LIVING IN DISADVANTAGED NEIGHBORHOODS Item #16D3 Moved to Item #10J Item #16D4 DEDUCTIVE CHANGE ORDER NO. 11 IN THE AMOUNT OF (- $1,339,711.79) FOR DIRECT PURCHASE OF MATERIALS FOR THE NORTH NAPLES REGIONAL PARK, CONTRACT NO. 01- 3189 - TO ACHIEVE TAX SAVINGS BY PURCHASING MATERIALS FOR USE IN CONNECTION WITH THE NORTH NAPLES REGIONAL P ARK DIRECTLY FROM THE VENDORS Item #16D5 DONATED FUNDS IN THE AMOUNT OF $4,109.36 AND APPROVE A BUDGET AMENDMENT RECOGNIZING THE REVENUE AND APPROPRIATING FUNDS FOR VETERANS COMMUNITY PARK - TO ENHANCE RECREATION PROGRAMS THROUGH PRIVATE CONTRIBUTIONS Item #16D6 Page 350 May 24, 2005 AWARD OF BID #05-3786 VETERINARY SUPPLIES, MEDICINES, AND DRUGS FOR DOMESTIC ANIMAL SERVICES DEPARTMENT IN THE ESTIMATED ANNUAL AMOUNT OF $15,000 FOR SUPPLIES AND $53,000 FOR MEDICINES AND DRUGS - TO CONTRACT WITH THE RECOMMENDED A W ARDEES TO ENSURE CONTINUOUS VETERINARY SUPPLY NEEDS FOR THE DOMESTIC ANIMAL SERVICES DEPARTMENT SHELTER Item #16El FUEL PURCHASES WITH THE GLOBAL-FLEET (VOYAGER) CREDIT CARD IN EXCESS OF $25,000 ON AN ANNUAL BASIS - TO PROVIDE EASY ACCESS TO MOST COMMERCIAL REFUELING SITES DURING EMERGENCIES OR WHEN COUNTY -OWNED FACILITIES ARE UNAVAILABLE Item #16E2 SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION OF APRIL 9, 2005, RESULTING IN $490,227.00 IN GROSS REVENUES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 AWARD BID #04-3714 TO MASSEY SERVICES, INC. AS THE NEW PRIMARY VENDOR AND TO TERMINATE TERMINIX INTERNA TIONAL COMPANY FOR ANNUAL PEST CONTROL SERVICES - DUE TO THE VENDOR'S UNEXPECTED STAFFING CHANGES, THE AWARDED VENDOR REQUESTED TO TERMINATE THE AGREEMENT - AVERAGE Page 351 May 24, 2005 OF $50.000 ANNUALLY Item #16E4 BUDGET AMENDMENT TO TRANSFER $173,000 FROM GOVERNMENT SECURITY, PERSONNEL SERVICES TO GOVERNMENT SECURITY, OTHER CONTRACTUAL SERVICES TO COVER THE OPERATING COSTS OF CONTRACT SECURITY SERVICES - TO APPROVE THE ATTACHED BUDGET AMENDMENT TRANSFERRING FUNDS FROM PERSONNEL SERVICES TO OTHER Item #16E5 FIRST AMENDMENT TO CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT NORTH QUADRANT FOR THE SHERIFF'S OFFICE OPERATIONS FACILITY - EXTENDING THE CONSTRUCTION START DATE OF THE SPECIAL OPERATIONS FACILITY FROM JUNE 1,2005 TO DECEMBER 1. 2005 Item #16E6 UTILIZE THE CONTRACT BETWEEN THE COLLIER COUNTY SCHOOL BOARD AND WILLIS, INC. FOR FISCAL YEAR 2006 GROUP BENEFIT BROKERAGE AND ACTUARIAL CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $93.000.00 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E7 AFTER-THE-FACT SUBMITTAL OF A REVISED HAZARD Page 352 May 24, 2005 MITIGATION GRANT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY FOR RETROFIT OF COLLIER COUNTY HEALTH AND PUBLIC SERVICES BUILDING H IN AN AMOUNT NOT TO EXCEED $804,294.00 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Fl RESOLUTION 2005-201: SUBMITTAL OF A FLORIDA BOATING IMPROVEMENT PROGRAM GRANT TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FOR THE NEAR SHORE REEF MOORING BUOYS IN THE AMOUNT OF $125,000.00 - TO IMPROVE RECREATIONAL BOATING IN THE AREA Item # 16F2 AWARD BID #05-3769 TO MULTIPLE VENDORS FOR "EMS EXPENDABLE MEDICAL SUPPLIES AND EQUIPMENT" - THE BID AWARD PROVIDES FOR THE PURCHASE OF ONE-TIME USE SUPPLIES AND EQUIPMENT Item #16F3 RESOLUTION 2005-202: ADOPTING THE REVISED COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR COLLIER COUNTY - TO INCLUDE CHANGES TO PLANNING REQUIREMENTS, THE ADDITION OF A TERRORISM ANNEX, AND OUTLINE A STANDARD PLAN FOR A DISASTER RESPONSE Page 353 May 24, 2005 Item #16Gl RESOLUTION 2005-203: AUTHORIZING THE EXECUTION OF THE MASTER JOINT PARTICIPATION AGREEMENT (MJPA) BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR FUNDING PROJECTS AT EVERGLADES, IMMOKALEE, AND MARCO ISLAND AIRPORTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Hl COMMISSIONER HENNING'S REQUEST FOR PAYMENT TO ATTEND THE URBAN LAND INSTITUTE SOUTHWEST FLORIDA MARKET TRENDS 2005 CONFERENCE ON MAY 25, 2005 AT THE THREE OAKS BANQUET CENTER IN ESTERO; $25.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - TO BE HELD AT 20991 THREE OAKS PARKWAY" ESTERO" FLORIDA Item #16H2 COMMISSIONER FIALA'S REQUEST FOR PAYMENT FOR ATTENDING THE EDC TRUSTEE POST-LEGISLATIVE DELEGATION LUNCHEON ON THURSDAY, MAY 19,2005 AT THE NAPLES SAILING AND YACHT CLUB; $30.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET- LOCATED AT 896 RIVER POINT DRIVE" NAPLES" FLORIDA Item #16H3 COMMISSIONER HALAS' REQUEST FOR PAYMENT FOR Page 354 May 24, 2005 ATTENDING THE SOUTHWEST FLORIDA FEDERATED REPUBLICAN WOMENS CLUB LUNCHEON ON MAY 2, 2005, AT THE ARBOR TRACE COUNTRY CLUB WHERE HE WAS THE KEYNOTE SPEAKER. $15.00 TO BE REIMBURSED FROM COMMISSIONER HALAS ' TRAVEL BUDGET Item #16H4 COMMISSIONER COLETTA'S REQUEST TO ATTEND THE MEMORIAL DAY OBSERVANCE BARBEQUE HONORING AMERICA'S FALLEN HEROES ON MAY 30,2005. $5.00 TO BE REIMBURSED FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - TO BE HELD AT 525 111 TH AVENUE NORTH, NAPLES Item #16H5 COMMISSIONER COLETTA'S REQUEST FOR PAYMENT FOR ATTENDING THE AVE MARIA UNIVERSITY'S GRADUATION RECEPTION AND LUNCHEON ON MAY 7,2005. $45.00 TO BE REIMBURSED FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H6 COMMISSIONER COLETTA'S REQUEST FOR PAYMENT FOR ATTENDING, AS A SPEAKER, AT THE RIBBON CUTTING EVENT FOR THE NEW SCIENCE BUILDING AT INTERNATIONAL COLLEGE TO INTRODUCE THE HEALTH/SCIENCE GRADUATE PROGRAM, ON MAY 11,2005. THERE WAS A LUNCHEON FOLLOWING. $10.00 TO BE REIMBURSED FROM COMMISSIONER COLETTA'S TRAVEL Page 355 May 24, 2005 BUDGET - LOCATED AT 2655 NORTHBROOKE DRIVE Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 356 .. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 24, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. 'Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for March 26. 2005 through April 1. 2005. 2. Disbursements for April 2. 2005 through April 8. 2005. 3. Disbursements for April 9. 2005 through April 15. 2005. 4. Disbursements for April 16. 2005 through April 22. 2005. 5. Disbursements for April 23. 2005 through April 29. 2005. B. Minutes: 1. Collier County Productivity Committee - Minutes of March 16, 2005; Special Minutes of 7, 2005. 2. Parks and Recreation Advisory Board - Agenda for April 20, 2005; Minutes of March 16, 2005. 3. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for April 27, 2005; Minutes of April 13, 2005. 4. Environmental Advisory Council- Agenda for May 4,2005; Minutes of March 2,2005; Minutes of April 6, 2005. 5. Vanderbilt Beach M.S.T.U. -_Agenda for May 5, 2005; Minutes for April 7,2005. 6. Golden Gate Estates Land Trust Committee - Minutes for January 24, 2005. 7. Development Services Advisory Committee - Agenda and Minutes for April 6, 2005. a) Budget and Operations Sub-Committee - Agenda and Minutes for April 13, 2005 ' H:Data/Fonnat 8. Community Character/Smart Growth Advisory Committee - Agenda and Minutes for January 19, 2005; February 9, 2005; February 23, 2005; and Unofficial Agenda and Minutes (Quorum not met) for March 9,2005. 9. Collier County Library Advisory Board - Agenda for April 27, 2005; Minutes of March 30, 2005. 10. Collier County Citizens Corps Advisory Committee - Agenda and Minutes of April 20, 2005. 11. Collier County Planning Commission -Agenda for May 5, 2005 12. Pelican Bay Services Division - Agenda for May 4,2005; Minutes of April 6, 2005. Statement of Revenues and Expenditures. a) Clam Bay Sub-Committee - Minutes of April 6, 2005. b) Budget Sub-Committee - Minutes of April 20, 2005. C. Other: 1) Guy L. Carlton. Collier County Tax Collector - 2004-2005 Budget Amendment. 2) Caribbean Gardens Blue Ribbon Committee - Minutes of March 15, 2005. 3) Collier County Public Safety Coordinating Council Meeting - Minutes of May 29, 2005. H:Data/Format May 24, 2005 Item #16J1 EXTENSION OF BYRNE GRANT 2005-CJ-K3-09-21-01-042 FROM SEPTEMBER 30,2005 TO DECEMBER 31,2005 TO ALLOW ADDITIONAL TIME FOR THE CLERK OF COURTS TO TEST REQUIRED SOFTWARE Item # 16J2 USE OF CONFISCATED TRUST FUNDS FOR CRIME PREVENTION PURPOSES - THE COLLIER COUNTY SHERIFF'S OFFICE IS HOSTING A SUMMER CONFERENCE ON JULY 24 - JULY 27,2005 FOR TRAINING TO STAY CURRENT AND PROACTIVE ON ISSUES RELATED TO LAW ENFORCEMENT Item #16J3 BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS OPENED FROM APRIL 16,2005 THROUGH APRIL 29,2005 SERVE AS A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES Item #17A ORDINANCE 2005-23: PETITION SE-2005-AR-7410; AMENDING 05-22, SCRIVENER'S ERROR FOR CORRECTION OF LANGUAGE CONTAINED WITHIN SECTION 6.6.B OF THE APPROVED TRIAD PUD DOCUMENT TO CLARIFY THE Page 357 May 24, 2005 RENTAL RESTRICTION FOR THE PUD, FOR THE PROPERTY LOCATED IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST~ COLLIER COUNTY~ FLORIDA Item #17B RESOLUTION 2005-204: SE-2005-AR-7412; AMENDING RESOLUTION NUMBER 03-223, PERTAINING TO THE VANDERBILT PRESBYTERIAN CHURCH CONDITIONAL USE, TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN ACCURATE MEASUREMENT IN THE LEGAL DESCRIPTION OF THE SITE CONTAINED WITHIN EXHIBIT "B"; AND BY PROVIDING FOR AN EFFECTIVE DATE Item #17C RESOLUTION 2005-205: (THIS ITEM CONTINUED FROM THE MAY 10, 2005 BCC MEETING) APPLYING THE ANNUAL MID- CYCLE INDEXING ADmSTMENTS TO AMEND THE WATER AND SEWER IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED) AND PROVIDING FORAN EFFECTIVE DATE OF JULY 1~ 2005 Item #17D RESOLUTION 2005-206: AMENDING STEWARDSHIP SENDING AREA 3 ("BCI SSA 3") IN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA), Page 358 May 24, 2005 DESIGNATING 248.9 ACRES THEREIN AS BCI SSA 3A, APPROVING A CREDIT AGREEMENT FOR BCI SSA 3A AND ESTABLISHING THE NUMBER OF CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA ("BCI SSA 3A") Item #17E RESOLUTION 2005-207: AMENDING STEWARDSHIP SENDING AREA 5 ("BCI SSA 5") IN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA), DESIGNATING 651.3 ACRES THEREIN AS BCI SSA 5A, APPROVING A CREDIT AGREEMENT FOR BCI SSA 5A AND ESTABLISHING THE NUMBER OF CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA ("BCI SSA 5A") Page 359 May 24, 2005 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:36 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, Chalffi1an ATTESJ';, DWfGHTß~~ROCK,CLERK .~ :.:..:..., " , ~ ", , . (~·Àfttst..a~::tb·Cha run's 'j "'ttirt· OR 1 J. These minutes approved by the Board on -!f 11 0 áJ'ii". &®5, as presented....--- or as COlTecte . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 360 , --,~_...~,..,..-