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BCC Minutes 09/27/2005 R September 27, 2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 27, 2005 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred W. Coyle Frank Halas Tom Henning Donna Fiala Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Derek Johnssen, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ii', -':> " ~ ~^ '~...~~ AGENDA September 27, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, 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 September 27, 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 A. Reverend Paul Getter, Faith Apostolic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. August 25,2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 C. August 27, 2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Nancy Frye, Traffic Operations 2) Erin Hall, Transportation Road Maintenance Presented B. 30 Year Attendees 1) Denise Blanton, University Extension Services 2) Murdo Smith, Parks and Recreation Page 2 September 27, 2005 3) Edward Torroni, Parks and Recreation Presented 4. PROCLAMATIONS A. Proclamation designating September 27,2005, as Collier County WWII Veterans' Day. To be accepted by Gary Shanabarger, Commandant, Senior Marine of the Marine Corps League of Naples; Jim Elson, Veterans Council of Collier County; Peter Kraley, Veteran Services Department and Jack Hild, 14th Air Force-Flying Tigers World War II Veteran. Adopted - 5/0 B. Proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardner. To be accepted by William Suckow, Master Gardner. Adopted - 5/0 C. Proclamation designating September 15,2005, as Sheri Bennett Day. To be accepted by Sheri Bennett, Executive Director, Immokalee Multicultural Multipurpose Community Action Agency, Inc. Adopted - 5/0 D. Proclamation designating November 2005 as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director, United Arts Council of Collier County. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005. B. Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005. C. Presentation of the 2005 Flagler Awards "The Henry" In Recognition of Outstanding Tourism Marketing -Television-Naples, Marco Island, Everglades Convention & Visitors Bureau - Presented by Jack Wert, Tourism Director. 6. PUBLIC PETITIONS Page 3 September 27, 2005 A. Public Petition request by Bradley Cornell to discuss the Mirasol Drainage Project in the Cocohatchee/Corkscrew West Flowway. This Item to be brought back at a future BCC meeting Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the September 13~ 2005 BCC Meetinf!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP-2005-AR-7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies. Official interpretation upheld - Approved 3/2 (Commissioner Fiala and Commissioner Henning opposed); staff to bring back direction for alternatives and aesthetics relating to boat canopies - Consensus B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2005-AR-7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30-foot setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO) district, to 21.1- feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. Continued to October 11,2005 - Approved 4/1 (Commissioner Coletta out) Moved from Item #17 A C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Page 4 September 27, 2005 Range 26 East, Collier County, Florida. Resolution 2005-341 - Adopted wi changes 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of R W A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east Collier County, Florida. Motion failed - 3/2 (Commissioners Henning and Halas opposed) Resolution of Denial 2005-342 to be submitted B. Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No. 86-28 as amended by Ordinance 87-80 and Ordinance 90-31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agency's effective date of November 17, 2005, and add provisions to improve the County's scoring in the Community Rating System of the National Flood Insurance Program. Ordinance 2005-51 -Adoption of the new Flood Insurance Rate Maps _ Adopted 5/0; Flood Rate Scoring System to be discussed at the CCPC meeting of November 1, 2005 - Approved - 5/0 C. This item is beinf! continued to the October 11~ 2005 BCC Meetinf!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property Page 5 September 27, 2005 is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Motion to continue to the October 11, 2005 BCC Meeting - Approved 4/0 (Commissioner Coletta Absent) D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2004- AR-6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-l and C-2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi-family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2005-50 wlstipulations - Adopted - 4/1 (Commissioner Coletta opposed) E. This item to be heard at 11 :00 a.m. A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Ordinance 2005-49 -- Adopted w/changes 5/0 Moved from Item #17E F. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. Continued to October 11, 2005 BCC Meeting - Approved - 5/0 9. BOARD OF COUNTY COMMISSIONERS Page 6 September 27, 2005 A. Appointment of members to the Golden Gate Beautification Advisory Committee. Resolution 2005-338 - Re-Appointing Cheryle L. Newman and Patricia Spencer - Adopted wlwaiver of term limit - 5/0 B. Appointment of members to the Collier County Planning Commission. Resolution 2005-339 - Re-Appointing Lindy Adelstein, Appointing, Russell Tuff, Re-Appointing Paul Midney- Adopted - 5/0 C. Appointment of members to the Workforce Development Board, Region 24. Resolution 2005-340 - Amy Garrard, Nina Velasco, Todd Hoffman and Ken O'Leary - Adopted - 5/0; BCC would like an update report presented to them Continued to the October 11, 2005 BCC Meeting D. The Annual Performance Appraisal for the County Attorney. E. This Item to be heard at 1 :00 p.m. Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. (Commissioner Coyle) Motion made to bond up to $40 million and let the Trust For Public Lands make an offer of $59,913,333.00 for the property - Approved _ 5/0 F. This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. (Commissioner Henning) To be brought back to a future BCC Meeting with staff's recommendations, without any compromise to funding to all other libraries - Approved - 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. This item continued from the September 13~ 2005 BCC Meetinf!. Recommendation to approve an Agreement for Sale and Purchase with The District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Page 7 September 27,2005 Approved wlstipulations - 3/2 (Commissioner Henning & Commissioner Coyle opposed) B. Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Continued to the October 11, 2005 BCC Meeting - Approved 5/0 Continued to the October 11, 2005 BCC Meeting 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. This item to be heard at 4:00 p.m. Recommendation to (1) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05-3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. (Debbie Wight, Assistant to the County Manager) Appoint J. Keith Arnold & Associates - Approved 4/1 (Commissioner Henning opposed) Continued to the October 11, 2005 BCC Meeting E. Review and approve the FY 2006 Annual Work Plan for the County Manager. F. Recommendation that the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Moved from Item #16Kll G. Recommendation that the Board of County Commissioners Approve a Page 8 September 27, 2005 Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. To Be continued to the October 11, 2005 - Approved 5/0 Moved from Item #16El H. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. To be continued to the October 11, 2005 - Approved 5/0 Moved from Item #16B2 I. Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. Approved - 5/0 Moved from Item #1611- Dl J. Memo from Commissioner Henning to Jim Mudd, County Manager, regarding Golden Gate Library dated September 19,2005 with attachments Motion to remove Item 16II-Dl- Approved 4/1 (Commissioner Henning opposed); Memo will be filed in the Board of County Commissioners office per Sue Filson 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. Resolution 2005-343 - Adopted 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 3 :30 p.m. Consideration of a request for LDC Page 9 September 27,2005 deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - To set up a CRA Joint workshop - Consensus B. Commissioner Henning - concerning Jim Mudd, County Manager's evaluation C. Commissioner Henning - Impact Fee Task Force Meeting D. Commissioner Coyle - Letter to County Manager for a workshop with the Sheriff's Department on salary schedules E. Commissioner Coletta - Dog available for adoption ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------------------------ Approved andlor adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of water utility facilities for "Arthrex at Creekside". W Irelease of Utilities Performance Bond 2) Recommendation to approve final acceptance of water and sewer utility facilities for "Masters Reserve". W Ireducing the Utilities Performance Bond 3) Recommendation to approve final acceptance of water and sewer utility facilities for "Classic Plantation Estates Phase One". W Ireducing the Utilities Performance Bond 4) Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment Orange Blossom Drive from Airport Road to entrance of First Baptist Church/Bridgewater Bay. Resolution 2005-327 Page 10 September 27, 2005 5) Recommendation to approve for recording the final plat of 3500 Corporate Plaza, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 6) Recommendation to approve for recording the final plat of Professional Village at "Northbrooke", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 7) Recommendation to approve for recording the final plat of "Mediterra Parcel 117", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 8) Recommendation to approve for recording the final plat of "Mediterra Parcel 118", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 9) Recommendation to approve for recording the final plat of "IL Regalo Replat", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 10) Recommendation to approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. As Detailed in the Executive Summary 11) Recommendation to approve a Budget Amendment to the 2004-2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. ($137,000) 12) Recommendation to approve the application by Salazar Machine and Page 11 September 27, 2005 Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. ($146,000) To target high-wage companies that desire to relocate or expand within the areas of Collier County 13) Recommendation to adopt a resolution approving assignment and change of control of the cable television franchise from Time Warner Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly subsidiary of Comcast Cable Communications Holdings, Inc., pursuant to a redemption agreement among the parties. (The voluminous filing contains over 5000 pages, the full filing was not included in the Board's printed agenda packet. A digital version is available for viewing in the County Manager's Office, 3301 East Tamiami Trail, Naples as well as Community Development, 2800 North Horseshoe Drive, Naples) Resolution 2005-328 14) Recommendation to approve for recording the final plat of Summit Place in Naples, Phase III, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve three (3) Adopt-A-Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. Copeland Civic Association, Jose Marti Educational Foundation and Quail Communities Realty Moved to Item #101 2) Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. For leased space located under the Goodland Bridge 3) Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). In order to receive Federal Transit Administration Grant funds Page 12 September 27, 2005 for the transit system 4) Recommendation to approve the use of transportation disadvantaged funds (427) to purchase a para-transit bus in the amount of $80,253 under State contract #FVPP-05-CA-4. To purchase a para-transit bus utilizing transportation disadvantaged fund 5) Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. As Detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the amount of $60,000. To install, operate and maintain a Countywide GPS Network 7) Recommendation to award Bid No. 05-3861 - "Purchase of lime rock and fill material, fixed term contract" for the estimated annual amount of $500,000 to Apac Inc., Orangetree Mine, Florida Rock Industries, Inc. For use in grading and rebuilding Iimerock roadways and shoulder repair on all County and State roadways 8) Recommendation to award Bid #05-3874 Golden Gate Blvd. and 13th Street Landscape Maintenance to Advance Lawn and Landscaping Services, Inc. in the amount of$67,629.80. (Project #630413) 9) Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00 As Detailed in the Executive Summary 10) Recommendation to award Collier County Bid No 05-3855 - Purchase Page 13 September 27, 2005 and Delivery of Fungicides, Herbicides and Insecticides to the following bidders: 1 )Helena Chemical Company (Primary), and 2)Pro Source One (Secondary). ($200,000) 11) Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05- 3773 'Annual Contract for Roadways Contractors') for a base amount of$301,691.31 and contingency of$16,848.82 for a total of $318,540.13. For the curbing and accent lighting for Sunshine Boulevard 12) Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. Resolution 2005-329 13) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of$70,302.77. As Detailed in the Executive Summary 14) Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. For various rights-of-way that had been dedicated to the County on plats C. PUBLIC UTILITIES 1) Recommendation to award Bid #05-3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. For use in the water distribution system 2) Recommendation to award Work Order number UC-117 to Kyle Construction, Inc. in the amount of $375,580.00 for construction of the extension of the Water Main on White Lake Boulevard, Project Page 14 September 27, 2005 59005. To enhance Solid Waste operations by supplying potable water to existing and proposed Landfill Facilities 3) Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-330 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. Resolution 2005-331 6) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-332 7) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-333 8) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Page 15 September 27, 2005 Fiscal impact is $58.50 to record the Satisfactions of Lien. Resolution 2005-334 9) Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2005/2006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal ((Fund 470) and mandatory trash collection (fund 473). Resolution 2005-335 10) Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01-3193 with Youngquist Brothers, Inc. To construct, repair, and maintain the County's deep injection wells 11) Recommendation to approve the Satisfaction for a certain Water andlor Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 12) Recommendation to approve a Budget Amendment to transfer funds in the amount of$200,000 from project 725101, the North County Water Reclamation Facility (NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility (SCWRF) Process Control Building Expansion. To complete construction for expanding and modernizing the existing process control building at the SCWRF to accommodate the technical needs imposed by the new plant expansion 13) Recommendation to approve a "Consent to Encroachment" for utility easements lying within Summerwind Apartments, Phase I and Phase II. For water lines to provide service to the development 14) Recommendation to award Contract 05-3785 "Fixed Term Utility Engineering Services" to thirteen (13) firms. As Detailed in the Executive Summary D. PUBLIC SERVICES Page 16 September 27, 2005 1) Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989, I 00 To support behavioral health and substance abuse programs 2) Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481,100 in federal matching funds. To provide enhanced services to low-income individuals 3) Recommendation to approve the attached budget amendments recognizing a $68,000 donation from the Marco Island Chapter, Friends of the Library, and transferring $200,000 from Library Trust Fund (612) to Library Capital Fund (307) for the construction of Rose Hall at Marco Island Branch Library. 4) Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Resolution 2005-336 5) Recommendation to approve a budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park ski area. To repair a shade structure at Sugden Regional Park Amphitheatre that was damaged during a storm E. ADMINISTRATIVE SERVICES Moved to Item #10H 1) Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Page 17 September 27, 2005 2) Recommendation that the Board of Commissioners waive the Purchasing Policy as allowed under Section VII.G. of the policy and approve a retention agreement with the law firm of Langston, Hess, Bolton, Shepard, & Augustine P.A. and the law firm of Kelley, Stiffler, & Thomas PLLC, to defend certain Workers Compensation litigation cases on behalf of the County and the County's excess . . msurance carrIers. As Detailed in the Executive Summary 3) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the third quarter of FY 05. To settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses 4) Recommendation to Award RFP #05-3747R "Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. To maintain over 660 separate county facilities that requires continual inspection, repair and maintenance 5) Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation and ancillary insurance and related services for FY 2006. As Detailed in the Executive Summary 6) Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. As Detailed in the Executive Summary 7) Recommendation to approve a First Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of$50. So their food program may continue to operate without being in violation of County Code 8) Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including Page 18 September 27, 2005 rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments offices, at a first years cost not to exceed $396,000. To provide additional office space for the Health Department, Community Development and Environmental Services Division F. COUNTY MANAGER 1) Recommend approval of First Amendment to Contract No. 03-3537 with Paradise Advertising and Marketing, Inc. for an increase in the monthly fee to $25,000.00 per month or $300,000.00 annually to cover all professional time, media and production up to $2,000,000.00 annually. 2) Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. Requesting a I-year extension to September 30, 2006 for the completion of the Category "C" grant for the exhibit called Everglades: A work in progress at the Conservancy Nature Center. 3) City of Naples Category A Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of$125,000. To equal the bid price for the dredging of Doctors Pass 4) Approval of budget amendments. 5) Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples/Collier County Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Resolution 2005-337 6) Recommend Approval of Coastal Planning and Engineering Time and Material, Not- To-Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re-nourish Clam Pass Beach Park. (Project 900281) Page 19 September 27, 2005 G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY Continued to the October 11, 2005 BCC Meeting 1) Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. 2) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. 3) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 / Davis Blvd intersection. 4) To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3,000 from reserves to acquire computer systems. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests approval for reimbursement for attending a function serving a valid public purpose: to attend the 2005 NAACP Annual Freedom Fund Banquet on October 15,2005 in the amount of$55.00, to be paid from Commissioner Fiala's travel budget. To be held at the Elks Lodge, 3950 Radio Road, Naples, Florida 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Leadership Foundation of Southwest Florida Meeting/Luncheon on September 16, 2005 and is requesting reimbursement in the amount of $1 0.00 to be paid from his travel budget. To be held at the One Stop Center, 750 5th Street South, Page 20 September 27,2005 Immokalee, Florida 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner on September 16,2005 and is requesting reimbursement in the amount of$25.00 to be paid from his travel budget. To be held at the Marco Island Hilton Beach Resort, 560 South Collier Boulevard, Marco Island, Florida 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the "Wake Up Naples Breakfast" sponsored by the Naples Chamber of Commerce, on September 21, 2005 and is requesting reimbursement in the amount of$17.00, to be paid from his travel budget. To be held at The Naples Hilton, 5111 Tamiami Trail N, Naples, Florida Moved Section #D-l to Item #10J I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve writing off Accounts Receivable in the amount of $514,328.80 to comply with Auditor recommendations included in the Management Letter of the Fiscal Year 2004 Collier County Annual Audit. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs of$9,250 for P. 141,841, & 143 in the case Collier County v. Primera Iglesia Cristiana Manantial De Vida, Case No. 03-2372-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $9,250) Page 21 September 27, 2005 2) Recommendation to approve Agreed Order A warding Engineering Expert Fees & Costs for $3,650 for Parcels 142, 742A, 742B, & 942 in Collier County v. Parkway Community Church of God, Case No. 03-2374-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $3,650) 3) Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03-4177-CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida and give direction to County Attorney regarding the litigation. County to release a retainage in the amount of $113,877.14 to FSU without interest 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Blvd 951 Project 65061 ).(Fiscal Impact $54,397.50) 5) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et ale Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) 6) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $221 ,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County V. Louis Cerminara, et at. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,300.26) 7) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$129,500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et ale Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: Page 22 September 27, 2005 $63,186.22) 8) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$156,500.00 for the Acquisition of Parcels 109 and 709 in the Lawsuit Styled Collier County v. Susan C. Hallock, et ale Case No. 05-0646-CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) Continued to October 11, 2005 meeting 9) Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. 10) Recommendation to Approve a Budget Amendment in the Amount of $118,567.35 to Transfer the Balance of the Funds from Fund 652 Reserves to Its Operating Budget and to Transfer the Total Amount Collected in Excess of $1 08,309.66 (the Statutorily Mandated Amount that the Board of County Commissioners Must Fund the Legal Aid Society). Moved to Item #10G 11) Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. 12) Recommendation to Approve Settlement Pre-Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03-3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. Page 23 September 27, 2005 13) Recommendation to Approve Settlement Prior to Arbitration- Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04-5636-CA FOR $20,000.00. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #7C A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Correctional Impact Fee Study, Collier County, Florida, establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates, and providing for a delayed effective date of November 1,2005. Page 24 September 27,2005 Ordinance 2005-47 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3588: Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33 acres Ordinance 2005-48 Continued to the October 11, 2005 BCC Meeting D. This item was continued from the September 13~ 2005 BCC Meetinf!. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Moved to Item #8F E. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 25 September 27, 2005 September 27, 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, ladies and gentlemen. Welcome to the meeting of the Board of County Commissioners. Would you please stand for the invocation by the Reverend Paul Getter of the Faith Apostolic Church. REVEREND GETTER: Let us all bow our heads as we pray this mornIng. Lord Jesus, we're so thankful that we could come here gathered together in your name. Ask us, Jesus, that you would touch our great community leaders, give them the wisdom, the insight they need to take decisions for you, Lord. Ask you, God, that we would place you first and foremost in all things. Let your will be done here in this meeting. In Jesus' name we pray, amen. CHAIRMAN COYLE: Remain standing for the Pledge of Allegiance, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. County Attorney, do you have any changes to our agenda today? MR. WEIGEL: Well, I may have a comment. I think that Mr. Mudd is prepared to run through essentially all the changes. I have to check on one thing, and if you could, I guess, come back to me in a couple moments, we'll see if there's one more item or not. CHAIRMAN COYLE: Mr. Mudd? Item #2A REGULAR, SUMMARY AND CONSENT AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES Page 2 September 27, 2005 MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners meeting, September 27, 2005. Item 9D, continue to the October 11, 2005, BCC meeting. It's the annual performance appraisal for the county attorney, and that's at Commissioner Coyle's request. The next item is item 10C. Continue to the October 11, 2005, BCC meeting. 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. It's capital improvement element number 33, project 60101, and that's at staffs request. The next item is item 10E. Continue to the October 11, 2005, BCC meeting. Review and approve the FY-2006 annual work plan for the county manager, and that's at Commissioner Coyle's request. The next item is item 1 OF. Attachment number 4, page 30 of 30, the umbrella liability amount should be $10 million rather than $20 million. Corrections have been made to the original documents. And that's at staffs request. Next item is item 10 -- or excuse me. Next item is 12A. The first paragraph of the executive summary should read "residents," rather than "residence," okay. And residents is with a T -S, and that's what it should be. People that actually live in the house, and that's at Commissioner Fiala's request. The next item is item 10 -- 16AI0. Again, item 16AI0. In the attachment addendum to agreement for waiver of deferral of the Collier County impact fees, page 3, first paragraph, 2 and -- second and third lines, the text, the appendix to the impact fee ordinance has been struck through and replaced with Article V of Chapter 74 of the Page 3 September 27, 2005 Collier County Code of Laws and Ordinances, which is the Collier County consolidated impact fee ordinance. Page 3, first paragraph, tenth line, the words appendix to the impact fee ordinance were deleted and replaced by the words provisions cited above. Page 3, second paragraph D, the fifteenth and sixteenth lines, the word, Collier County consolidated were added, and that's at staffs request. The next item is item 16B2, and move that to 101, and that is a recommendation to approve a first amendment to lease agreement with Maureen Moran, Inc., and that's at Commissioner Fiala's request. The next item is item 16B4. The agenda index title should read, recommendation to approve the use of transportation disadvantaged funds, which is 427, rather than transportation disadvantaged funds, fund 126, and that's at staffs request. Next item is item 16B 10. The agenda index title should read, purchase and delivery of fungicides, herbicides, and insecticides rather than fungicides, pesticides, and insecticides, and that's at staffs request. Item 16D4. At the September 22nd BCC budget public hearing, the BCC voted to denied the institution of the $20 beach parking fee; therefore necessitating a change in the fee policy and resolution. Copies of the new fee policy and resolution were made available to the board yesterday, and that's at staffs request. Item 16E1, move to 10H, and that's a recommendation to adopt a resolution approving the 2006 fiscal year pay and classification plan providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications, and assignment of pay raises from the proposed 2006 fiscal year pay end classification plan, and that item moved at Commissioner Coyle's request. The next item is item 16E2. The agenda index should read, law Page 4 September 27,2005 firm of Langston, Hess, Bolton, Shepard & Augustine, P .A. Augustine was omitted from the title, and that was at staffs request. Next item is item 16Gl. Continue to the October 11,2005, BCC meeting, and that was a recommendation to approve a 3.9 percent, which is $3,490.50, cost of living increase, effective October 1, 2005, and a $5,000 bonus to be paid in September 30, 2005, to the executive director of the Collier County Airport Authority, Theresa M. Cook. And that item was being asked to be continued by Commissioner Coyle. Next item is item 16K3. It's a recommendation, should read that the Collier County Board of County Commissioners approve the settlement agreement, in brackets, agreement provided for the record, and that's at staffs request. Item 16K9, it's to continue to October 11, 2005, BCC meeting. It's a recommendation to authorize the county attorney to file a lawsuit after October 1, 2005, compelling JC Drainfield Repair, Inc., its principals, affiliate entities or persons, or any combination thereof, to comply with Collier County ordinance number 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX, and as otherwise provided by law, and that item is being asked to be continued by Commissioner Coletta. Next item is item 16K11, move to the regular agenda, item lOG. It's a recommendation to the Board of County Commissioners approve a resolution approving the 2006 fiscal year pay and classification plan. A general wage adjustment (COLA) and merit increase for the office of the county attorney. That item is asked to be moved at Commissioner Coyle's request. The next item is item 17 A, and that's to move to the regular agenda item 7C. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Page 5 September 27, 2005 It's conditional use 04-AR-6700, a resolution of the Board of Zoning Appeals providing for the establishment of two conditional uses in the "E" Estates zoning district for a group home and a private school to serve the residents of the group home and program participants per table two, section 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 south, Range 26 east, Collier County, Florida. That item is being moved at Commissioner Fiala's request. Next item is item 17E, and that is to move to the regular agenda, item 8F, and that's to obtain Board of County Commissioners' approval to repeal ordinance 90-30, as amended, the solid waste collection and disposal ordinance and replace with ordinance number 05-, to be determined based on the board's action today, and that item is being moved at Commissioner Henning's request. There are a number of time certain items today. The first is item 8E, and that has to do with the TDR -- the TDR bonuses and the ghost PUD units, and that item, 8E, will been heard at 11 a.m. The next item is item 9E, to be heard at one p.m., and that has to do with eminent domain for the Caribbean Gardens. Next item is item 9F to be heard at 10 a.m., and that's a discussion of the RFP and subsequent contract for the proposed expansion facility of the Golden Gate Library. Next item is item laD, to be heard at four p.m., and that's a recommendation to consider three lobbying firms for our state lobbyists. Again, that item's 10D. It will be heard at four p.m. The next item is item 14(1). It should have been 14A, so it was a misprint on our agenda, to be heard at 3:30, and that's a consideration of a request for land development code deviations for the SoNa SDP number 7905, a redevelopment project within the Bayshore/Gateway Triangle eRA. And one last note, item 16F 1. The contract with Paradise Page 6 September 27, 2005 Advertising was for three years, and we are renewing the final year with a suggested amendment. It is our plan to put this advertising and marketing services contract out for bid next summer at the end of the current three-year agreement, and that note was made at staffs request. That's all I have, sir, CHAIRMAN COYLE: Okay. Thank you very much, Mr. Mudd. Any further questions or changes by board members? (No response.) CHAIRMAN COYLE: Very well. I would like to -- COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Oh, Commissioner Henning? COMMISSIONER HENNING: I need some clarification and discussion of -- from the county attorney of what we discussed last night. And just a clarification on the consent items where it says, legal consideration. Is it the county attorney's opinion that he will make sure that all matters under -- with legal consideration will have your review before the board signs off on it? MR. WEIGEL: Yes. And as you know, with the, call it, compressed schedule we have between board meetings, logistically it's difficult to review everything in the context of the creation of the legal -- of the legal considerations on the executive summary. But what I have indicated to you is -- and spoken with Mr. Coyle as well separately -- that the intention is that the legal considerations for the most part will provide the criteria that the board needs to make its informed decision from the legal aspect, and that we will be working, continue to work with county manager and particularly development services so that those criteria are in there and that we have signed off, approved, reviewed, and accepted the language that's in there. Some of it will become a little bit rote in the sense that the same Page 7 September 27, 2005 issues will come up with similar, same language. Additionally, assurances for you, Commissioners, are that the county attorney reviews all agenda items in a couple different ways prior to the board meeting, one in concert with the manager, and then in our own staff meetings. And it's our duty to catch issues and problems that have not been shown in the printed agenda. The executive summaries, however, it's a -- going to take a very coordinated job to make sure that we do that. But I will make every effort, and I think that we can achieve what we're looking for so that you have the assurance that the county attorney, even at the executive summary level, has reviewed and placed his -- the office information in there by us. CHAIRMAN COYLE: Does that answer your question? COMMISSIONER HENNING: Yeah, but the second item is discussion we had on K. MR. WEIGEL: You're right. On K3, this is one we've made a correction for the record. This has to do with board being asking to approve the settlement of a lawsuit with Florida State Underground. And, again, additional information for the record is that this settlement will entail the board releasing retainage that we have held without interest, but additionally also involves the settlement of claims of Florida State Underground against us, our counterclaim against them would be settled, but, perhaps, most importantly is that in the execution or administration of the settlement -- again, this is item 16K3 -- the Board of County Commissioners will be authorizing, the staff will be administering to the protection of the subcontractor or subcontractors who may not have been paid up to this point in time. It will be administered by either having affidavits from the subcontractors indicating that they have been paid as well as affidavits from the prime contractor, FSU, or, secondly, by the cutting of dual checks where they are made out to both the prime contractor and subcontractor, therefore, assuring the payment of the subcontractor for Page 8 September 27,2005 the appropriate amounts due. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: County Attorney, on my agenda it says this is to be continued; is that true? MR. WEIGEL: Which item is that? COMMISSIONER HALAS: 16K3. MR. WEIGEL: I don't think so. COMMISSIONER HALAS: Okay. Somebody marked it continued. MR. WEIGEL: No. COMMISSIONER HENNING: Well, I don't want it continued. CHAIRMAN COYLE: The settlement for the JC -- MR. WEIGEL: Drainfield. CHAIRMAN COYLE: -- Drainfield is being continued. MR. WEIGEL: That's a different item. CHAIRMAN COYLE: I think the county attorney addressed two different subjects for Commission Henning. I think that might have been the -- COMMISSIONER HALAS: This was underground -- Florida State versus Underground. Okay. MR. WEIGEL: Mr. Chairman, I had asked if I might have the opportunity to come back to the board in regard to agenda changes, and I'm ready to advise and request, if I may. CHAIRMAN COYLE: Okay, go ahead. MR. WEIGEL: All right, thank you. On your summary agenda, item 17D, is the draft ordinance replacement for the Code Enforcement Board Nuisance Abatement Board ordinances. There is a paragraph to be clarified, switched out, on that item. The information is not apparently present at the moment. So the board would have its choice of either continuing this to the next meeting or -- and I do not know if there is or is not anyone here Page 9 September 27, 2005 to hear that item in the audience, or they could, in fact, move it to regular agenda. As far as reading the revised paragraph into the record, we'd probably be two minutes or less if that were to be changed on the agenda. CHAIRMAN COYLE: You don't have the information available at the present time? MR. WEIGEL: I do not, no. CHAIRMAN COYLE: This is going to be a very business day. MR. WEIGEL: Yes, sir. CHAIRMAN COYLE: I would prefer to see it moved to the next meeting. MR. WEIGEL: Okay. CHAIRMAN COYLE: Are there any objections by BCC? (No response.) CHAIRMAN COYLE: Okay. MR. WEIGEL: I appreciate that. CHAIRMAN COYLE: Then County Manager, if you could move that to the next meeting, and then we'll get the information in sufficient time to read it and understand it. Do the commissioners have any other questions or changes to the agenda? (No response.) CHAIRMAN COYLE: Okay. Hearing none, is there-- COMMISSIONER HALAS: I would like to ask that 1611 be pulled in relationship to maybe discussion of D9, I believe it is, or D 1 , excuse me. Communications between the county manager and one of the commissioners. CHAIRMAN COYLE: Okay. County Manager, can you make that notation? MR. MUDD: Yes, sir. CHAIRMAN COYLE: That will become what item? Page 10 September 27, 2005 MR. MUDD: Sir, that will become J; lOJ, sir. CHAIRMAN COYLE: 10J, okay. Okay. Any other comments or changes by commissioners? (No response.) CHAIRMAN COYLE: Do I hear a motion for approval of the agenda as modified of the regular, consent, and summary agenda? COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is unanimous. Now, could we have ex parte disclosure for the summary agenda. We'll start with Commissioner Halas. COMMISSIONER HALAS: Okay. Just a second here. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I have no disclosure on the summary agenda, and I have no other, further changes to make to today's consent agenda. CHAIRMAN COYLE: And I have no disclosures on the summary agenda and no further changes. Commissioner Fiala? COMMISSIONER FIALA: No disclosures, no changes. CHAIRMAN COYLE: And Commissioner Henning? COMMISSIONER HENNING: None. Page 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 11. 2005 Item 4E - Continue to October 25.2005 BCC meetina: Proclamation designating October 11, 2005, as Mr. James Rozzi Day. (Staff's request.) Add On Item #4G: Proclamation to designate October 19, 2005 as The Naples Hispanic Chamber of Commerce Hispanic Heritage Day. To be accepted by Valaree Maxwell, President, Naples Hispanic Chamber of Commerce. Withdraw Item 6B: Public Petition request by Jeanne Benefico and Lydia Botten to discuss fee structure for beach parking. (Petitioner's request.) Item 16A13: Please note that within the cooperative agreement ofthis item, "Collier County Government" shall be replaced in all instances by the words "Collier County Board of County Commissioners". (Staff's request.) Item 16A20 - Move to 10K: Recommendation to approve the application by PACE Center for Girls. Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. (Commissioner Henning's request.) Item 16A21 - Move to 10L: Recommendation that the Board of County Commissioners of Collier County, Florida adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74-203(i) of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) in the amount of $42,966.29, for Pace Center for Girls, Incorporated. (Commissioner Henning's request.) Item 16B2 - Continued to the 10/25/05 BCC meetina: Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc., for the design, permitting and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. (Staff's request.) Time Certain Items: These items are to be heard consecutivelv beainnina at 10:00 a.m.: Item 10A: This item was continued from the September 27, 2005 BCC meeting. Recommendation that the Board of County Commissioners approve a resolution approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit increase for the Office of the County Attorney. Item 10B: This item continued from the September 27,2005 BCC meeting. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Item 9G: This item continued from the September 27,2005 BCC meeting. The Annual Performance Appraisal for the County Attorney. Item 9K: The Annual Performance Appraisal for the County Manager. Item 14A: This item continued from the September 27,2005 BCC meeting. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and a $5,000 bonus to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. Item 10H to be heard at 11:00 a.m.: Recommendation to discuss the conceptual plans and financial implications for a new 17,000 square foot library adjacent to the existing Golden Gate Library (Project 54261). September 27, 2005 Items #2B & Item #2C THE MINUTES OF THE AUGUST 25, 2005 BCC/HURRICANE KATRINA EMERGENCY MEETING; THE AUGUST 27,2005 BCC/HURRICANE KATRINA EMERGENCY MEETING- APPROVED AS PRESENTED CHAIRMAN COYLE: Okay. Thank you very much. Now, I'd like to get a motion for either approval or modification of the minutes of the August 25,2005, BCC Hurricane Katrina emergency meeting and the August 27,2005, BCC Hurricane Katrina Emergency meeting. COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: Okay. Commissioner Halas has moved for approval of the minutes as written. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor please signify by saying. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much. And that brings us to service awards for our outstanding employees. MR. MUDD: Commissioner, if I could interrupt for just one second. CHAIRMAN COYLE: Okay. Item #8C MOTION TO CONTINUE TO THE OCTOBER 11,2005 BCC Page 12 September 27, 2005 MEETING; THIS ITEM REQUIRES THAT ALL PARTICIPANTS TO BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-A-2004-AR- 6092: BENDERSON DEVELOPMENT COMPANY, REPRESENTED BY AGNOLI, BARBER & BRUNDAGE, INC. AND R. BRUCE ANDERSON, EXQUlRE OF ROETZEL & ANDRESS, REQUESTING AN AMENDMENT TO THE WESTPORT COMMERCE CENTER PUD FOR THE PURPOSE OF REVISING THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMMERCIAL/TRAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE ACCOMMODATIONS DISTRICT LAND USE, INCREASE THE AMOUNT OF PRESERVE AREA, AND CHANGING THE PUD REFERENCE TO MPUD (MIXED PUD). THE PROPERTY IS LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD, IN SECTION 3, TOWNSHIP 50 SOUTH, RNAGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 96.3 ACRES. (PETITIONER'S REQUEST) - APPROVED MR. MUDD: Advertised public hearing 8C, the petitioner is asking for this item to be continued until the October 11, 2005, meeting. This has to do with the Benderson Development Company at Westport Commerce Center PUD. It was advertised for today. We need a board motion to continue this particular item and maybe we can clear some folks out of here. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: And second. CHAIRMAN COYLE: Okay. Reference to item 8C on the agenda, motion by Commissioner Halas to continue it to October 11, 2005, BCC meeting, seconded by Commissioner Fiala. Any discussion? Page 13 September 27,2005 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Okay. Item #3A & #3B SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) MR. MUDD: Commissioner, do you want to do the service awards down here or do you want to do them from up here? CHAIRMAN COYLE: We have how many? MR. MUDD: You have five total, sir. CHAIRMAN COYLE: Five. Let's do them down there. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. You have all the awards down there, right? MR. MUDD: Yes, sir. CHAIRMAN COYLE: They're down there. MR. MUDD: This is paragraph 3, services awards, and this has to do with employee service awards. The first category is our 20-year recipient. The first is Nancy Frye from transportation operations. (Applause.) COMMISSIONER HENNING: Thanks for operating our transportation. MS. FRYE: Thank you. Page 14 September 27, 2005 CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Nice to meet you. COMMISSIONER HALAS: Congratulations, and thanks for your dedicated work. MR. MUDD: Could we get a picture, please. Thank you. (Applause.) MR. MUDD: The next 20-year recipient is Erin Hall from transportation road maintenance. (Applause.) CHAIRMAN COYLE: Thank you. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: Thanks for all your dedicated work. MS. HALL: Thank you. COMMISSIONER HALAS: Thanks for all your dedicated work. MR. MUDD: Ifwe could get a picture, please. Thank you. (Applause. ) MR. MUDD: Commissioner, this brings us to our 30-year employees. The first recipient is Denise Luhan (phonetic) Brandton from University Extension Services. (Applause.) COMMISSIONER HENNING: Thank you. COMMISSIONER HALAS: Thank you, Denise. CHAIRMAN COYLE: Good to see you. MR. OCHS: Congratulations. (Applause.) MR. MUDD: Get a picture. (Applause.) COMMISSIONER HALAS: Congratulations. MR. MUDD: The next 30-year awardee is Murdo Smith from Page 15 September 27,2005 parks and recreation. (Applause.) COMMISSIONER FIALA: Think you're a little popular? Thanks for all the work you do, all the hard work you do. COMMISSIONER HALAS: How much are you going to charge me for your autograph? (Applause.) MR. MUDD: The next 30-year recipient is Edward Torroni from parks and recreation. (Applause.) MR. TORRONI: Thank you, sir, appreciate it. CHAIRMAN COYLE: Congratulations. Thank you very much. COMMISSIONER FIALA: You started when you were 12. COMMISSIONER HALAS: Thank you for your dedicated service of 30 years. MR. MUDD: Get your picture, Ed. And if you'd just wait a minute. Murdo, are you pitch or are you put? MR. TORRONI: I'm pitch. MR. MUDD: Okay. Murdo asked ifhe could get a group -- ifhe could get a group picture. MR. SMITH: Thank you. MR. MUDD: Thank you. (Applause.) Item #4A PROCLAMATION DESIGNATING SEPTEMBER 27,2005, AS COLLIER COUNTY WWII VETERANS ' DAY TO BE ACCEPTED BY GARY SHANABARGER, COMMANDANT, SENIOR MARINE OF THE MARINE CORPS LEAGUE OF NAPLES; JIM ELSON, VETERANS COUNCIL OF COLLIER COUNTY; PETER Page 16 September 27, 2005 KRALEY, VETERAN SERVICES DEPARMENT AND JACK HILD, 14TH AIR FORCE-FLYING TIGERS WORLD WAR II VETERAN - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations, and that's paragraph 4A. The first proclamation is a proclamation designating September 27,2005, as the Collier County World War II Veterans' Day, to be accepted by Gary Shanabarger, Commandant of the -- and senior marine of the Marine Corps League of Naples; Jim Elson, the Veterans Council of Collier County; Peter Kraley, the Veterans Service Department; and Jack Hild of the 14th Air Force Flying Tigers World War II Veterans. If you could please come up, come forward, please. CHAIRMAN COYLE: We want just those four or everybody? MR. ELSON: No, we want everybody. MR. MUDD: Bring up everybody. CHAIRMAN COYLE: Let's get all the veterans up here today. Good to see you, Jim. How are you doing? CHAIRMAN COYLE: Come on up here. COMMISSIONER FIALA: Hi, how are you? Good morning. CHAIRMAN COYLE: It sure is good to see so many veterans out here today. Do we have them all? Okay, good. Okay. I'm going to read this proclamation. Whereas, in an effort to preserve the memories of our local World War II veterans so future generations can hear firsthand the sacrifices made by the greatest generation, the Collier County Communication and Customer Relations Department worked with local veterans organizations and other county departments to identify Collier County World War II veterans and coordinate interviews to record their war experiences on audiotape; and, Whereas, the goal of this oral history project is to capture the memories of these veterans and share with the community personal Page 1 7 September 27, 2005 stories that reflect the tremendous sacrifices this generation made so that we could continue to live in a free nation; and, Whereas, to date, nearly 1 00 World War II veterans have signed up to participate in the World War II Capture Living History Proj ect, and more than 60 interviews have been conducted; and, Whereas, all interviews were conducted by 10 volunteers, most of whom were veterans themselves. These volunteers dedicated more than 150 hours to this project. All of the volunteers went out of their way to rearrange their schedules to accommodate the project's needs, often going above and beyond what was asked of them, including picking up World War II veterans from their homes and driving them to the Collier County Government Center to ensure that they could participate in the project; and, Whereas, a W odd War II Capture Living History Website linked to Collier County government's site was developed to display information regarding the biographical information about each veteran along with segments of their interviews; and, Whereas, Collier County residents wish to express appreciation to all World War II veterans for their unselfish service to this great nation and hope this proj ect serves as a small token of our admiration and gratitude to the greatest generation. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that September 27,2005, be designated as Collier County World War II Veterans Day. Done and ordered this 27th day of September, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Members of the board, I make a motion we accept this proclamation. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Seconded by Commissioner Halas. All in favor please signify by saying aye. Page 18 September 27, 2005 COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Gentlemen, ladies and gentlemen, thank you very much. (Applause.) MS. ARNOLD: I would like to get a photograph. CHAIRMAN COYLE: Before you do that, before you do that, let me present the proclamation to the three people who were designated to receive them, Jim Elson, Gary Shanabarger, Peter Kraley, and Jack Hild. I guess we have four of them, okay. Gentlemen, if you will each take one of these. Gary? MR. ELSON: Thank you. CHAIRMAN COYLE: Jim? Where's Jack? Okay. And here's another one. If you'll hold those up so they'll be in the photograph that would be great. MS. ARNOLD: If I could get you to move as close together as possible. It's going to be a difficult task. MR. SAVAGE: Some of the younger ones could kneel on the floor. CHAIRMAN COYLE: That doesn't include you. MS. ARNOLD: Thank you. MR. SAVAGE: On the count of three, let's get up. One, two, three. (Applause.) CHAIRMAN COYLE: Jim, is somebody going to speak? MR. ELSON: Yes, I'll say a few words. CHAIRMAN COYLE: Thank you. MR. ELSON: Before everyone disappears here, it is important that we recognize also Sandra Arnold from the communications and customer relations department, our photographer today. Page 19 September 27,2005 (Applause.) MR. ELSON: Sandra was the driving force behind this program and still is. I mean, without her determined efforts, this program would not have come together and our good folks in Collier County that served our country so well would not be remembered for future generations. And I really, speaking for the Veterans Council, have to say that this is such an important thing. If this had been done in previous generations, think what our children would know today. So our generations to come will realize what you folks have done to serve our country . Thank you very much. (Applause.) CHAIRMAN COYLE: And ladies and gentlemen of the audience, I would like for you to pay particular attention to this particular presentation today. Many years ago these veterans were fighting overseas defending our freedoms. Our children and our grandchildren will conduct a ceremony like this for those young people who are fighting overseas now to protect our freedoms. We must remember them all. Thank you. And you have some more remarks. MR. HILD: I'm Jack Hild, sir. CHAIRMAN COYLE: Jack, good. MR. HILD: I'd like to thank our honorable commissioners for the opportunity to speak on behalf of the veterans here and the approximate 30,000 that are in Collier County. We thank you for supporting Capture Living History that is the project to honor the veterans. It is my understanding that this wondrous task found its beginnings in the communications, customer relations department under the direction of Sandra Arnold, public information director, she is, and her committee, of which some of the men who received the Page 20 September 27, 2005 awards today are members of that committee. We veterans thank th.em for recognizing the citizen soldiers of World War II. This is a challenging proj ect. Just to find World War II veterans willing to share their war experience is not an easy task. I am deeply saddened when I read the obits -- and I think all of us read obits -- in our paper every day. The death notices of one or more World War II members, and today there were five of -- distinct members whose stories we won't get. It is very humbling as an interviewer to listen to these experiences that even the family of veterans may not have heard. Not many veterans shared much of anything with their beloved ones. War is not pleasant. It's Collier County's plan to save these and hopefully those experiences of our Korean, Vietnam, Desert Storm, and other conflicts that we're involved in. As a member of the Flying Tigers 14th Air Force for 53 years, I have watched our membership of 3,000 members in our association deplete annually. Since 1958, when our commander, General Clair Lee Chenault died and was buried in Arlington, we have met each May for 48 years to honor Chenault and all Flying Tigers who passed from one May to the next May. In years past, it was only one or two. Last year, 118. The American volunteer group Flying Tigers numbered 200 who served in China from May 1941 to December 1941. Now, only -- they number 15 members. Their stories have been told. We, their Flying Tiger brothers that inherited their place in China and served under the command of General Chenault tell our story at the Arhab Museum at Warner Robins Air Force Base. This living history project can be all of the above and more. This project has to be unique among counties in our state. Keep that flag flying. These veterans here with me, those of you who stand, we salute Page 21 September 27,2005 you for what you've done. (Applause.) MS. ARNOLD: Commissioners, for the record my name is Sandra Arnold. I just wanted to express my gratitude to the crowd. Without the family members encouraging their loved ones to come forward without community support, identifying many of you and submitting your names and without the volunteers, this proj ect would not have been possible. It was really a community joint effort. And the communications department, every single member helped. I'd like to give a special thanks to John Torre for letting me conduct this, for Lavah Hetzel, for her beautiful design work, and for Bill Fassold for editing this. This editing process will take place over the next couple of months. We have 11 that have been completed. We're editing every day. But each one-hour interview takes about four hours to edited. We have 69 veterans who we've interviewed so far, and the list keeps growing. Thank you. CHAIRMAN COYLE: Thank you. Okay. (Applause.) CHAIRMAN COYLE: Okay. Anyone else who wishes to speak? (No response.) CHAIRMAN COYLE: Okay. No, no. No singing. Item #4B PROCLAMATION EXPRESSING APPRECIATION FOR MR. WILLIAM SUCKOW'S WORK AS A MASTER GARDENER- ADOPTED MUDD: Commissioner, that brings us to the next item under proclamations, which is -- which is 4 B, which is -- Page 22 September 27, 2005 MR. ELSON: Thank you. CHAIRMAN COYLE: Thank you. MR. MUDD: This is a proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardener. To be accepted by William Suckow, Master Gardener. CHAIRMAN COYLE: And this will be presented by Commissioner Halas. COMMISSIONER HALAS: Is Mr. Suckow in the audience? Please step up. Gives me great pleasure to make this presentation here this morning. The proclamation reads as follows: Whereas, an important part of Collier County and the University of Florida Extension is to inform residential gardeners about Southwest Florida's eco- friendly urban gardening; and, Whereas, trained master gardener volunteers perform an extremely important role in this service; and, Whereas, one master gardener volunteer has shown himself to go above and beyond expectations in teaching residents what plants are appropriate for Collier County's climate, their water limitations, and how to care for them in a Florida friendly way; and, Whereas, this volunteer has become a stand-alone master gardener and has given his time to receive training, writing news articles, initiating the Southwest Florida Horticultural Learning Center, walk-through guide to the established gardens and donated his time and efforts since 1997, as well as to serve as Friends of Extension president; and, Whereas, his donation of over 1,500 documented hours of time in the master gardener plant clinic has been of tremendous benefit to the citizens of Collier County. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we express the deepest appreciation to Mr. William Suckow for his gift to our citizens. Page 23 September 27, 2005 Done and ordered this 27th day of September, 2005. Signed by the Board of County Commissioners, Fred W. Coyle, Chairman. And I move for approval of this great proclamation. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Congratulations. Thank you very much. (Applause.) COMMISSIONER HALAS: I'd also like to add that Bill is going to -- Bill, congratulations. And on this clock it says, from your friends at the University Extension in appreciation for the many years of dedicated service, September 27, 2005. God bless you. COMMISSIONER FIALA: Isn't that nice? COMMISSIONER HALAS: And here's your proclamation. CHAIRMAN COYLE: Thanks a lot. Here you go. You get this to hold up while you get a picture made. COMMISSIONER HENNING: I read your articles. Thanks for providing them to the public. MR. MUDD: We're going to get a picture in front, Bill. Congratulations. (Applause. ) Item #4C PROCLAMATION DESIGNATING SEPTEMBER 15,2005, AS SHERI BENNETT DAY - TO BE ACCEPTED BY SHERI Page 24 September 27, 2005 BENNETT, EXECUTIVE DIRECTOR, IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY~ INC. - ADOPTED MR. MUDD: Commissioner, the next proclamation is 4-C. It's a proclamation designating September 15, 2005, as Sheri Bennett Day, to be accepted by Sheri Bennett, Executive Director of the Immokalee Multi-Cultural, Multi-Purpose Community Action Agency. CHAIRMAN COYLE: And this will be presented by Commissioner Henning. COMMISSIONER HENNING: Is Ms. Bennett here? MS. BENNETT: Yes. COMMISSIONER HENNING: Thank you. Whereas, Ms. Bennett -- or Sheri Bennett has made multiple contributions to the Immokalee community; and, Whereas, Ms. Bennett, as an entrepreneur and businesswoman operating a successful flower shop in Immokalee for six years; and, Whereas, Ms. Bennett has founded the board -- is a founding board member for the past two years of an Executive Director of Immokalee Multi-Cultural, Multi-Purpose Community Action Agency, Incorporated; and, Whereas, the powerful advocacy of her customers (sic), Sheri Bennett has successfully brought Southwest Florida College Medical Office skills training program to the community; and, Whereas, Sheri Bennett is quiet, persistence (sic) and fierce commitment, and will be missed in the community of Immokalee. Now, there be it -- be it proclaimed by the Board of Commissioners of Collier County, Florida, September 27,2005, will be designated as Sheri Bennett Day. Done in this order, the 27th day of September. Signed by the chairman of the Board of Commissioners. Mr. Chairman, I move that we accept this proclamation. Page 25 September 27, 2005 COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. A motion to approve for acceptance by Commissioner Henning, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much for your good work. (Applause.) COMMISSIONER FIALA: Are you leaving? COMMISSIONER HENNING: I wish you well. MS. BENNETT: Thank you. COMMISSIONER FIALA: Where you moving? Oh, I sense that you have a little North Carolina accent. Good luck to you. CHAIRMAN COYLE: Good luck to you. MR. MUDD: Could we get a picture, please. MS. BENNETT: You want to see what it says, I assume. MR. MUDD: Would you like to say a couple-- (Applause.) Item #4D PROCLAMATION DESIGNATING NOVEMBER 2005 AS CELEBRATE THE ARTS MONTH IN COLLIER COUNTY; TO BE ACCEPTED BY ELAINE HAMILTON, EXECUTIVE DIRECTOR, UNITED ARTS COUNCIL OF COLLIER COUNTY- ADOPTED MR. MUDD: Commissioner, the next proclamation is 4D, which is a proclamation designating November 2005 as Celebrate the Arts Page 26 September 27,2005 Month in Collier County. To be accepted by Elaine Hamilton, the Executive Director of the United Arts Council of Collier County. CHAIRMAN COYLE: And this proclamation will be presented by Commissioner Fiala. COMMISSIONER FIALA: It gives me great pleasure to read this proclamation. Elaine, would you like to come right up here by us? Thank you. Whereas, the arts and cultural community of Collier County enriches the lives of residents and visitors; and, Whereas, tourism in Collier County is significantly enhanced by the area's diverse offerings of arts and cultural activities; and, Whereas, the arts playa key role in the business community and make a significant contribution to the county's economy; and, Whereas, members of the arts community play an active role in area schools, enhancing the students' education; and, Whereas, this is an expansive arts community in Collier County with 30 plus arts and cultural organizations, 500 plus professional artists and musicians, 100 plus art galleries, and thousands of art lovers; and, Whereas, the United Arts Council of Collier County is organizing a series of art and cultural events throughout the county during the month of November 2005. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 2005, be designated as Celebrate the Arts Month in Collier County. Done and ordered this 27th day of September, 2005, Fred Coyle, Chairman. And Commissioner Coyle, I move to approve this. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second by Commissioner Halas. Page 27 September 27, 2005 All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much, Elaine. COMMISSIONER FIALA: Hey, Elaine, do you have a schedule of all those events for November? MS. HAMIL TON: Celebrate the Arts dot org. COMMISSIONER FIALA: When you give us a little speech over there, would you tell everybody where they can get it? Great. COMMISSIONER HALAS: Thank you. MS. HAMILTON: Commissioners, thank you very much. I'd just like to encourage everyone to participate in Celebrate the Arts Month in November. There are over 100 different things scheduled, fun things, music and dance and free concerts. In fact, most of those things are free to the public, so thank you very much, and enjoy Celebrate the Arts Month. COMMISSIONER FIALA: Where can -- Elaine, where can they get a listing of those events? MS. HAMIL TON: Probably the best place would be on-line at Celebrate the Arts dot org, or they can stop by our office. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Thank you, Elaine. (Applause.) Item #5A RECOGNIZING ROBERTA REISS, LIBRARY OUTREACH SPECIALIST, PUBLIC SERVICES DIVISION AS "EMPLOYEE OF THE MONTH" FOR AUGUST 2005 - PRESENTED Page 28 September 27,2005 MR. MUDD: Commissioner, the next item is paragraph 5, which is presentations. The first is 5A, which is a recommendation to recognize Roberta Rice, the library outreach specialist for the public services division as Employee of the Month for August 2005. And if Ms. Reiss could come forward, please. Roberta Reiss is truly dedicated to improving the literacy skills of adults, families, and older youth in the community. Roberta has developed a multi-faceted approach to making the library's literacy program a nationally recognized source for tutoring and reading, speaking, and life skills. Roberta has created opportunities for grants in the community partnerships to improve English language and basic literacy skills to residents of Collier County. Roberta is working cooperatively with literacy groups and government organizations throughout the state. Her contacts and experience only serve to enrich the quality of our literacy program. Roberta has made presentations to the Department of Education Volunteers and the Literacy Task Force. Roberta has also provided tutor training for Schools on Wheels and literacy training for Habitat for Humanity mentors. She has expanded our workplace literacy program to include the Carlisle residents and the Island Country Club, and has brought the National Endowment for the Humanities funded People and Stories grant to our community to improve the reading and communication skills of residents. The library has received a NACo, National Association of Counties, award for its literacy program which is a definite reflection of Roberta's many accomplishments. She has made multiple presentations at the Florida Literacy Conference, and she is the supervising trainer for pro-literacy in this area. Page 29 September 27, 2005 Roberta has attended the White House Symposium for Faith-Based and Community Initiatives. She is a member of the state library task force and has also published an essay, Models of Outreach Policy and Practice: Something for Everyone at Your Library. It is an understatement to say that Roberta has made significant contributions to literacy, this library, and our community. Ladies and gentlemen, I present the Employee of the Month for the month of August, Roberta Reiss. (Applause.) COMMISSIONER FIALA: Which library do you work at? MS. REISS: I'm at the East Naples branch. COMMISSIONER FIALA: Oh, 1'11 have to come visit you. MR. MUDD: Get your photo. MR. REISS: Should I hold up my check or the plaque? CHAIRMAN COYLE: Thank you, Roberta. (Applause.) Item #5B RECOGNIZING JUDY JOHNSON, ADMINISTRATIVE ASSISTANT, PUBLIC UTILITIES DIVISION, AS EMPLOYEE OF THE MONTH FOR SEPTEMBER 2005 MR. MUDD: The next presentation is 5B. It's a recommendation to recognize Judy Johnson, administrative assistant for public utilities division, as the Employee of the Month for September 2005. Ms. Johnson, could you come forward, please. Judy's customer service skills are exemplary. She ensures that continuous and specific public information campaigns and outreach programs are conducted to increase public awareness of the mission and work of the wastewater department. She also provides timely and accurate responses to requests for information from the county Page 30 September 27,2005 manager's office, the county attorney's office, as well as the constitutional offices. She also responds to inquiries from other divisions as well as to the office of the Board of County Commissioners. Judy always promotes an atmosphere of friendliness. She interacts with the public in a courteous and amiable manner. The wastewater department worked special shifts during last season's hurricane events. Judy corresponded with human resources to verify the correct time entry procedure for the special shift configuration. She coordinated the flow of information regarding the time entry changes to each wastewater cost centers' administrative secretary . In total, she worked 32 hours of overtime to ensure that payroll was correctly processed during the hurricane events. Judy was chosen to participate in the Learn to Lead program in the year 2000. Judy assisted in a program which identified two areas in Collier County where littering was costing undue tax dollars. Judy and her group of participants made a recommendation to the Board of County Commissioners to consider the adoption of a proclamation naming January 2001 as picking up your tax dollars month. Judy is extremely active in both the Boy Scouts and the Girl Scouts. She is a member of the selection committee for the Explore Leadership Award and has earned her Wood Badge Beads. Not content to do just unit work, she volunteered to help out in the district. Judy soon became a member of the commissioner's staff, Explorer Leader Training Team, young (sic) protection trainer for exploring, and district Explorer chairperson. She participated in the Northeast Region's Explorer Conference and was also on the National Jamboree staff. She is currently Assistant District Commissioner for Venturing and has earned the commissioner's Arrowhead Award and the District Award of Merit. This is just a minimal presentation of Judy's active Page 31 September 27, 2005 community service. I'd like to present Ms. Judy Johnson, the Employ of the Month for September 2005. (Applause.) COMMISSIONER FIALA: Good work, Judy. MR. OCHS: Judy, congratulations. MR. MUDD: Congratulations. Great. Get a picture, Judy. Good job, Judy. (Applause. ) Item #5C PRESENTATION OF THE 2005 FLAGLER AWARDS "THE HENRY" IN RECOGNITION OF OUTSTANDING TOURISM MARKETING - TELEVISION - NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU - PRESENTED BY JACK WERT, TOURISM DIRECTOR - PRESENTED MR. MUDD: The next item is item 5C. It's a presentation of the 2005 Flagler Awards, the Henry, in recognition of outstanding tourism marketing, television, Naples, Marco Island, Everglades Convention and Visitors Bureau, and it's to be presented by Mr. Jack Wert, the tourism director. MR. WERT: Thank you, Mr. Mudd. Chairman Coyle, Commissioners, good morning. It's my pleasure to show you some of the awards that we won at a recent presentation by Visit Florida. We actually got five awards, and they are called the Flagler Awards, named after Henry Flagler, who really was a pioneer in the tourism industry here in Florida, built a number of hotels in the area and was one of the first to bring tourists to the State of Florida. The first award is for our Paradise Coast branding. We received Page 32 September 27, 2005 a finalist award for that, for that whole campaign; another for our website, Paradise Coast dot com. I'll show you those in a moment; another for sales CD that we produced that the judges thought was pretty clever; and also after last year's four hurricanes, we had a special part of our website created that would help people traveling to the area to find accommodations if they were displaced from their area. But the big one and the one that we are most proud of is, what they call the Henry, and this is the award. And I'll pass it around to all of you in a moment. But this was for our thirty-second television commercial that we've played for you on a couple of occasions. And this was judged against entries from all over the State of Florida, and some pretty stiff competition. This the first Henry that we've won. I can promise you it will not be the last. CHAIRMAN COYLE: I've seen them all. COMMISSIONER FIALA: I hope we get to see the alligator yawning again or singing. That was so cute. MR. WERT: That won an award, too. CHAIRMAN COYLE: Yeah, I've seen them all. Thank you. COMMISSIONER FIALA: Woe, this is a heavy dude. MR. WERT: Right. I'll catch those at the end. I think the most important part of these awards -- it's always nice to get awards and to be chosen as a winner in a category such as television, which is so competitive, but it's really great that these ads and the CDs and all of the campaign is really working and has really brought us a lot of good business this summer. It is getting the word out and showing people what a great place this is to visit. So again, the awards are great, but they're working, too. That's the wonderful part. Thank you. CHAIRMAN COYLE: Good. Thank you, Jack. (Applause.) Page 33 September 27, 2005 Item #6A PUBLIC PETITION REQUEST BY BRADLEY CORNELL TO DISCUSS THE MlRASOL DRAINAGE PROJECT IN THE COCOHA TCHEE/CORKSCREW WEST FLOWW A Y - THIS ITEM TO BE BROUGHT BACK AT A FUTURE BCC MEETING MR. MUDD: Commissioner, the next item is public petitions. It's 6A. It's a public petition request by Bradley Cornell to discuss the Mirasol drainage proj ect in the Cocohatchee/Corkscrew West Flowway. Mr. Cornell? MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society and Audubon of Florida. And Audubon of Florida, as you know, is the owner and manager of the Corkscrew Swamp Sanctuary in an area that is -- we're about to discuss for a couple of minutes, and this is actually the reason we're here. We're petitioning you to reconsider your provisional approval of this commercial excavation application that was submitted some years ago and approved provisionally on May 11,2004. The excavation application is for a 200- foot wide, four-foot deep, and three-mile long drainage channel associated with the Mirasol 36-hole, 800-unit golf course community in North Naples. We urge you to withdraw your May 2004 provisional approval for the following reasons: When you gave your approval over a year ago with the understanding that this project was going to receive its Army Corps permit any day -- that was the understanding -- that has not been the case. Here we are over a year later, and we do not have any Corps permit. And, in fact, in looking at the minutes, Stan Krasnowski, who's an engineer in your engineering department, was reading -- making a presentation to you, and he said, quote, all I am looking for is Page 34 September 27,2005 permission from the Board of Commissioners because it's been in our system so long, the developer came in and said, the board is going on vacation soon. We would like to go through the board to get approval for staff to issue this in case the board is on vacation. This is, of course, summer 2004, two summers ago. Skip Bergman with the Corps tells me that they are, he thinks, 30 to 45 days away from issuing the permit, and it's probably as much as 90 days, but that throws us into the wet season. So 90-days plus 360 or so. So we've got a problem with that, and we believe that's because there are some really strong unanswered questions that have come to light more increasingly as time has gone on since then. You also gave provisional approval with the understanding that the flowway would be an ecological and flood protection benefit for the region. Since then, new data and analysis, which I'm about to give you a couple of details on, have raised serious questions about the likely impacts to wetlands both on-site and off-site, including at Corkscrew Swamp Sanctuary. It's also now apparent that there are woefully insufficient data to support the flood protection functions or needs of the drainage channel. Mirasol has insufficient only anecdotal data to support existence of higher than normal water on site, and thus there's no hard evidence for any need to lower water levels with the ditch, except for building a golf course community in the middle of the Cocohatchee Slough. The Mirasol golf course community is located on aI, 700 acre site, 1,500 acres of which are jurisdictional wetlands. Audubon has name numerous observations of lower than normal water levels there, although -- and they did this through walking and aerial visits to the site. This is our scientist, who I will introduce to you in just a minute or two. The South Lee County Watershed plan in 1999 made numerous Page 35 September 27, 2005 recommendations to address East Bonita Springs flooding, as occurred in 1995. And, in fact, you may recall that that was one of the big reasons for approving this Mirasol flowway, was that we wanted to help alleviate regional flooding. Well, most -- that was based on their assertion that there were higher than normal water levels on the site. Most of the recommendations that the watershed plan made to address these flooding problems have been accomplished, and Audubon asserts that they have been largely successful with no further flooding. There is no need for the flood protection function of excavating this drainage channel at the expense of hundreds and hundreds of acres of wetlands and habitat destroyed. Also, the U.S. Army Corps of Engineers in their March 2005 review, in the back of the handout that I just gave you -- that Jason just gave you, you will see a back-up item. Let's see. It's number two, the Corps memorandum, and it has conclusions. And they conclude that there are not sufficient data to say whether the proposed excavated drainage channel will provide any of its purported benefits, nor whether the channel will harm Corkscrew Swamp Sanctuary. This is a big question, and it's a big problem for us. We actually engaged the services of a very fine hydrologist, Dr. Thomas Van Lent, who, on behalf of us and others, reviewed the same modeling, and he found that there were not sufficient data for Mirasol to even say if their model was accurate. Can't even tell if it's accurate, which is what the Corps said as well. In addition, assuming that the model was accurate, which it is not -- you cannot make that assumption -- but let's say it is, it shows that most of the on-site wetlands will be damaged by the ditch and many of the off-site wetlands, including Corkscrew Swamp Sanctuary, may be harmed. Also the U.S. Fish and Wildlife Service issued a biological opinion this spring in March that concluded that there will be both Page 36 September 27, 2005 on-site and off-site wetland impacts to such an extent they issued a take permit to kill up to 47 wood stork chicks annually. In our book, this is not a benefit for wood storks if there's a take permit issued. And it's not just in theory. They would be starving up to 47 chicks in their nests every year because of the lower water levels. And Jason Lauritzen (phonetic), in just a minute, will explain how that actually works. We believe that Collier County has an obligation and an ability to protect listed species such as wood storks regardless of the permits issued or not by federal and state agencies. Collier Comprehensive Plan policy in the conservation coastal management element, 7.1.2, outlines this obligation, and the subparagraph 3, which we've had many discussions about in the past, does not take this away when permits, take permits, or other locally harmful permits are issued by outside agencies. I would like for just a minute or two to introduce to you Jason Lauritzen, who is the Science Director at Corkscrew Swamp Sanctuary. And Jason would like to give you just some information about the science that backs up some of our concerns. MR. LAURITZEN: I just want to speak briefly about some of the assumptions that went into establishing the idea that the site at Mirasol is wetter now than it once was. There's a graphic that I passed out to you and it's on the screen, which comes from a slide given by the applicant in several PowerPoint presentations given to, I believe this body, as well as the CREW trust. On the left-hand side there is an illustration of a 1985 survey done by the water management district indicating that there are roughly 500 acres of jurisdictional wetlands. Fourteen years later, they show another slide on the right-hand side that shows an increase of over 800 acres of jurisdictional wetlands based upon the same Southwest Florida Water Management District's wetland delineation Page 37 September 27, 2005 protocol. However, what you don't know in that graphic is that between 1994 and 1996, the state mandated that all of the different protocols the different agencies used to delineate wetlands was compiled into one protocol. So the South Florida Water Management District's protocol changed between '85 and '99, which is the rationale for why you see the increase in wetlands on that graphic. But you aren't told that that occurred. You look at the graphic. You think the 800 acres of wetlands was a result of the area's flooding. The second graphic that I would like to show you is a result of several ground visits that I made to the site. On four occasions walking on the property, there were wetlands that were being used by wading birds foraging in and around the Mirasol property. The most critical wetland value is the one that's just off the site with a green dot indicating the 951 extension well. We have data that goes back to 1996 that indicates that on most years, this particular wetland is available for wood stork foraging between November and December. The gray area surrounding that is a very conservative estimate of the prey-based recruitment area. Wood storks require a dry down which concentrates their prey into specific wetland areas. When that dry down occurs, then the wood storks come in and forage in that site. It's not just that yellow highlighted area around the 951 extension well that is important for wood storks. It's the entire recruitment base which provides the forage fish. This development would drop the water levels another six inches, taking that wetland out of productivity during the wood storks' nesting season. Historically throughout Southwest Florida, as we have developed and grown, our wetlands have disappeared first from the highest and driest areas. Wood storks now are nesting more in January and February, significantly decreasing their productivity. These wetlands, Page 38 September 27, 2005 which are available in November and December, are critical wetlands for the wood storks' recovery. If we continue the policy of permitting projects that are going to diminish the productivity of those November and December wetlands, we're going to harm the wood storks. These are the ones that we need to protect. The applicants have suggested that their flowway ditch is going to be mitigation for these wetland impacts. In fact, if you take a look at that 951 well data, you will find out that that wetlands ditch that they create is not going to be available until April and May in most years. This will be later in the season and not benefit the wood storks. Thank you for your time. CHAIRMAN COYLE: Thank you very much. Commissioner Henning? (Commissioner Coletta entered the hearing room.) COMMISSIONER HENNING: I just want everybody to be aware that I wrote a letter of support for the permit to the agency because this board was told that the flowway -- restoring flowway will help alleviate the flooding to the north, and that was in 1995, I believe it was. And I know that we -- since then many other communities have popped up. This sounds to me like it's just deja vu all over again to where we're told that we're supposed to protect listed species but yet our plan also says we need to defer to the agencies. And in this case, a -- you know, dealing with wetlands, my understanding, South Florida Water Management weighs in on that issue, and all that information is sent up to the federal agencies, and u.S. Corps of Engineers is going to take all information and decide. And I'm concerned, without having the expertise, that we're going to pull another permit, therefore, creating another lawsuit. You know, that's my fear when we don't have that expertise. CHAIRMAN COYLE: Okay. Commissioner Halas? Page 39 September 27,2005 COMMISSIONER HALAS: I would like to have this brought back to maybe a future date on the commission to discuss this, and I think we can get a better understanding of what's really going on. There may be some additional new data that's going to be provided to all of us so that we're making sure that we're on the correct track here. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: That's exactly what I wanted to do. Just bring it back. Too important to discuss now. CHAIRMAN COYLE: Okay. MR. SCHMITT: Clarification? CHAIRMAN COYLE: Then is there -- I'm sorry? MR. SCHMITT: Clarification? Just so we understand what we're bringing back. This was a request not to debate the zoning or the flowway. And I know you've heard a lot of testimony on that. But the zoning's been approved. And for the record, Joe Schmitt, Administrator of Community Development/Environmental Services Division. The zoning's been approved. Hopefully -- unless you want us to bring back the entire issue, all we're here is to do what Brad had requested, was to withdraw this approval that you had given last year as a -- basically nothing more than a commercial excavation permit. We had committed a year ago that within 72 hours of the Mirasol, Terafina, and Parklands zoned projects receiving their Corps permits, that we would review that permit and then issue a commercial excavation permit. Now, that's what Brad is basically objecting to. And I just want to make sure -- clarify that's what we're bringing back. Not the zoning, not -- COMMISSIONER HALAS: That's correct. MR. SCHMITT: -- not the entire issue regarding flowways. That's an issue that is at the federal level right now, and it's certainly not -- unless you want to hear that, should not be an issue to address when we bring it back. It's just merely a commercial permit. Page 40 September 27, 2005 CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I guess where I am on this issue is that when we bring it back, is just a discussion in regards to how we're going to control the water levels back farther so that we don't affect the water levels in the CREW lands and also in Corkscrew Sanctuary so that we have a nexus in place in regards to finding a way to control the amount of water that's going to be released from this particular area. That's my concern. CHAIRMAN COYLE: Commissioners Fiala? COMMISSIONER FIALA: Yes. I truly feel we're tampering now with one of the most important environmentally sensitive areas in Collier County. Not only that, but we haven't even addressed the fact that if we then change the way the flowway functions, we will also damage all of the uplands that now the listed species are in. It's going to just change that whole area. I've felt uncomfortable about this item since we first heard it way back, I don't know, four years ago. And I just want to bring that back and at least address the portion that Brad has brought up to us. MR. SCHMITT: Well, again, clarification. Brad only raised the issue of the commercial permit. You -- now you're asking me to bring the entire issue back to talk about the flowway? COMMISSIONER FIALA: No. I just said, but I want to discuss the thing Brad brought back to us today. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Mr. Schmitt, do we have the expertise? MR. SCHMITT: No. I would have to bring the petitioner back, along with all the information in regards to the permit that they submitted to the Corps. If you want to hear issues in regard to water quality or any of the zoning issues, you've heard those. The zoning's already been approved. You have three approved PUDs. What Brad was debating today was this permit that was Page 41 September 27, 2005 basically this commercial excavation permit that you approved a year -- well, actually in May of 2005 -- or 2004, excuse me. That's what Brad was debating, not the flowway itself. Again, that is at the Corps -- u. S. Army Corps of Engineers level and Southwest Florida Water Management Permitting. If you want to bring that back, I would have to have the experts come from the -- the applicant to discuss those issues. CHAIRMAN COYLE: Well, if that's what the board wants to do, then that's what you have to do. MR. SCHMITT : Yes, I'll do that. CHAIRMAN COYLE: We don't know what the board wants to do quite yet. MR. SCHMITT: Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I'll be honest with you. I'm the one that encouraged Brad to bring it before the commission today. It doesn't mean I necessarily agree with where he's going, but I do think that we -- whenever there's an item of concern by the community, especially by part of the environmental community that Brad represents, that it bears us looking at it again. At the time we deferred the expertise of water management to the Army Corps, and I really don't know what's changed in that direction at this point in time, but I'm more than willing to hear the argument. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I feel the same way as my fellow commissioners have stated, and I have concerns that we're not just going to be digging a big ditch here. Maybe we can look at some other alternatives, and hopefully -- whether they get the permit or not, all I'm concerned about is that we take care of -- that man is able to come up with compromises so that we can live along with nature also. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Page 42 September 27,2005 CHAIRMAN COYLE: You're going to make a motion, I hope. COMMISSIONER FIALA: Yes, I will. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Joe, the reason you heard that -- my concerns were because I've had these same concerns since first we heard it, and I didn't -- I didn't want to vote for it then. But when I didn't hear any objections from the environmental community and one section of that community encouraged us to vote for it, I thought, well, maybe I didn't understand it correctly. But I understand also that if we bring that whole issue back, then we're going to be violating their rights as well. So I make a motion to bring back the section on the construction area for the flowway. MR. SCHMITT: Commercial excavation. COMMISSIONER FIALA: Commercial excavation, I'm sorry. MR. SCHMITT: Yes. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- bring this back for the purpose of considering the commercial excavation permit by Commissioner Fiala and second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It's unanimous to bring it back for discussion. Page 43 September 27, 2005 MR. MUDD: Yes, sir, and that would be at the 25 October meeting. We're going to need about a month for that. If that's okay with the board. CHAIRMAN COYLE: Good. Now we have a time certain-- MR. MUDD: Yes, we do. CHAIRMAN COYLE: -- item at 10 o'clock. Item #9F DISCUSSION OF THE RFP AND SUBSEQUENT CONTRACT FOR THE PROPOSED EXPANSION FACILITY AT THE GOLDEN GATE LIBRARY - TO BE BROUGHT BACK TO A FUTURE BCC MEETING WITH STAFF'S RECOMMENDATIONS, WITHOUT ANY COMPROMISE TO FUNDING TO ALL OTHER LIBRARIES - APPROVED MR. MUDD: And that's item 9F. This item to be heard at 10 a.m. It's a discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. And this item was asked for by Commissioner Henning. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Commissioners, I'm not going to take much time on this. I view this issue as what the Board of Commissioners were told versus what the residents were told. I did provide some information to the residents so they can provide it to the board. I'm hoping at the end that we can keep on track not only the Golden Gate Library, at the expanded, what the community understands, but also keep the South Regional Library -- CHAIRMAN COYLE: Commissioner Henning, just a moment, please. Gentlemen, there's a conversation going on in the back that's a little disruptive up here. Could you please take it out in the hallway? Page 44 September 27, 2005 Okay. I'm sorry, Commissioner Henning. Go ahead. COMMISSIONER HENNING: Again, just let the -- I think it's best to let the citizens share their feelings and understandings of what their community is supposed to receive as far as education through a library system in the community of Golden Gate. CHAIRMAN COYLE: Okay. Thank you very much. We have some public speakers on this. MS. FILSON: Yes, sir, we have four. The first speaker is William Poteet. He'll be followed by Russell Tuff. MR. POTEET: Good morning, Commissioners. My name is William H. Poteet, Jr. I'm president of the Golden Gate Area Civic Association, and I'm here to talk to you about our library. Last week our organization met with members of the county staff, Marla Ramsey, Marilyn Matthes, and Ron Hovell. My comments regarding this meeting and other events are not designed to impugn any of their characters or any kind of employees, but to shed light on the issue that we're going to discuss today. Ms. Ramsey and her staff have been nothing but professional. Last week's meeting answered a number of our questions that we had, but it also created a number of other questions. The bottom line is, we have found inconsistencies over the past several years, and we are here to ask the commission to clarify the issue. Several years ago, former library director, John Jones, told the citizens of Golden Gate at a county meeting that the Golden Gate community should have a library of22,000 to 24,000 square feet. The citizens welcomed this news. Since then we've heard a number of different scenarios regarding the size and concept. We were informed in one document that a 15,000 square foot building could be completed next to the adjacent 7,000 square foot structure, and that would give us a total of about 22,000 square feet. During this meeting we had last week with Ms. Ramsey, we were Page 45 September 27, 2005 told that only a 12,000 square foot structure could be constructed. We received an executive summary to the commission which -- in some of the package that she gave us which states that the recommendation is that 12,000 square foot building be constructed adjacent to the existing 7,000 square foot due to budget constraints, and that kind of raised our -- the hair on the back of our necks when we heard budget constraints. One could extrapolate from this that a larger structure could have been constructed if there were no budget restraints -- constraints. We also discussed with Ms. Ramsey the possibility of vacating two lanes of Lucerne Road. She informed us this would help the -- affect the size of the structure, and this is where I beg to differ. Lucerne is approximately 585 feet long. And if you took 25 feet off of it for the vacation of the roads, that would give you over 14,000 square feet of land that could be used in the property. And in the real estate development community, which I work, we typically use four-to-one or five-to-one ratio in determining how many square feet of a building can be constructed on a pad. And using these calculations real simply, at 25 percent on 14,000, you're well over 3,000 square feet; between 3,000, 3,600 square feet. And so under this scenario, we see no reason why this site can't be designed to put a 15,000 square foot building on it. Now, much of the confusion we face today is because our community had not been involved with the process. The civic association has long advocated for what is best for our community, and we thank the commission for last week correcting the communication problem by allowing one of our members to be included on the new architectural design committee for the Golden Gate Library. Our organization has worked in conjunction with the county numerous times in the past, provided support for the Golden Gate Page 46 September 27, 2005 fly-over and other projects, and we need your support today in order to get what is needed and what was promised for the Golden Gate community. You've promised East Naples a 30,000 square foot structure, and you had previously promised us a 22- to 24,000 square foot structure. We believe both communities deserve what they were promised, and we ask you to deliver it. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Russell Tuff. He'll be followed by Lindy Adelstein. MR. TUFF: Good morning, Commissioners, and thanks for the opportunity to make government work for us. And I don't want to review a whole bunch of stuff he did. You know, it all started in 2001, we had the studies, we saw the great plans, and it was determined the size should be 22,4-. And the thing with that, too, is the schools had also done their studies, and they found that with our households and all these things, that they wouldn't need to have these two schools. Well, they found out they were two short, because they had to build two more schools. So what shows up on paper as our need may be undersold, too. I believe we may need a whole lot more than that. And somewhere along the way there were two paths heading off. One was to the people, one was to the commissioners. And we weren't aware of how things happened, how politics happen, how budgets get placed, but all of a sudden, Immokalee's built and they wrote a check. And now East Naples, which is, no question, deserving on this and needing of it, is bumped ahead, too, and then Golden Gate area, where probably the need is the greatest, all the documents show that it's the busiest library, exclusive of the central library, and the need is there. And, you know, Andrew Carnegie built libraries for one reason, Page 47 September 27, 2005 it's for people that can't afford the resources to do their own things. Well, we've got all these children in our area where our need is great. And it seems a shame to build a facility that would not be adequate to meet the needs, and it's because of -- probably politics played a role in this. But I think a very simple solution is one Bill had mentioned, that Lucerne, it's a road that doesn't go anywhere or do anything. It goes right to the complex. We can take that land and we can build a facility that's needed. Two, the budget will run out bonding the East Naples Library somewhere down the road. And so if we just put the proper structure for the Golden Gate Library and we bond both of those at the same time, I think you can walk away saying, you know, we did the right thing. This is what the community needs, and everybody walks away happy. And so that's what I'm asking today is, let's make this thing happen and build what the community should have, and everybody comes out a winner. CHAIRMAN COYLE: Okay. Thank you. MS. FILSON: The next speaker is Lindy Adelstein. He'll be followed by Cheryle Newman. MR. ADELSTEIN: Good morning, Lindy Adelstein. I have worked with the county commissioners for the past four years, and I've found them extremely qualified. I would -- it would be difficult for me to believe that Commissioner Henning and Commissioner Fiala would not want to work together to find a common ground to acquire their library needs in each of these districts. They certainly have the ability to get it done properly. What goes -- but that goes without saying. I know they can, and I hope they will, do it together, because that makes goods sense. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Your final speaker is Chery Ie Newman. Page 48 September 27, 2005 MS. NEWMAN: For the record, Cheryle Newman. Excuse my voice. I've got a bad cold. Golden Gate Area Civic Association. The previous speakers ahead of me have covered most of the information that I had for you today. I just would like to run a few things in front of you history-wise. Volunteers started the Golden Gate Branch Library back in 1968 in a rented storefront. In 1969 there was a total of 499 total circulation at that time. Since then, you know how the Golden Gate area has continued to grow. And the first permanent library was put there in 1978 at a cost of approximately $200,000 for 4,000 square foot. That was expanded in 1993 with an additional 3,000 square foot, for a total that we have today of 7,000 square foot. A 1990 population study showed that Golden Gate had 18,000 -- approximately 18,500 people, and by 2005, which is where we are now, we were expected to have 35,600 people in the community, which would have doubled in over -- in about 15 years. There's a lot of history in the Golden Gate area. There's a lot of need. I believe some of the paperwork that I have gone through, I've done some research, one of the major issues that they have at the library itself that were divulged at the town hall meeting was space. They don't have the space. They don't have the space for books, they don't have the space for quiet study area, they don't have the space for additional computers, they don't have the space for children's programs, adult programs. They have a septic system issue there that has been reoccurring. There have been days where they've had to shut down the library until it can get taken care of. The biggest issue that I have before you this morning is, there was a contract given to a design firm in '03 at an approved cost by you of just under $300,000. That -- a change order has come through in '04 for an additional 120 some thousand dollars. Page 49 September 27,2005 There's been almost a half a million dollars spent in design thus far, and we are told we don't have a design for a building yet. And the square footage that they're talking about has been vacillating from 17,000 square foot additional to 15,000 square foot additional. Now, we're being told, yes, you can put 15,000 on there, but due to budget constraints, like they said, we're only going to recommend 12,000 square foot. I believe that in all the grant applications nothing has been changed. The grant applications have referred to 15,000 square foot. I think that the county staff should abide by what they've applied for for the grant, and I thank you very much. CHAIRMAN COYLE: Thank you. Commissioner Halas? That was our last speaker, right? COMMISSIONER HALAS: Oh, I'm sorry. MS. FILSON: Yes, Mr. Chairman. COMMISSIONER HALAS: It's my understanding that I thought what we're contemplating building out there was 17,000 square foot at the present time. Maybe I can be corrected on that. But when someone from the county goes out to a community and says, hey, we're going to build -- they could come out and say we're going to build a 50,000 square foot library. If they don't -- if the Board of County Commissioners do not give that direction on the size of the library, then I feel sorry for the people that live there in Golden Gate that were under the impression that a library director that's no longer with us made a statement of that nature. And I think that we have tried to address this problem, making sure that we take care of the people in Golden Gate. And from what I can see here of the information that was given to me, I believe that we're going to start sometime in '06, '07 in regards to the library. And it's my understanding that it's going to be around 17,000 square feet. If I'm wrong, I need to be corrected on that. Page 50 September 27,2005 MS. RAMSEY: I can help you with two board directions that have happened. One was in September of 2003 where the board gave staff direction to contract wit BSSW to put in a 10,000 square foot addition to the existing facility and do a renovation of the existing facility. COMMISSIONER HALAS: Okay. MS. RAMSEY: After that direction was given and the consultant went out -- and there was a little concern about whether we could renovate that building as part of that addition over whether we needed to -- it would be more cost effective if we razed that facility and put in a new facility. That would have been a total of 17,000 square foot on that location. There has been a lot of water underneath the bridge since that point in time as we've tried to determine what is the best thing to do in the Golden Gate area. On July 26th, staff came back to you with another proposal. That proposal was to take the new addition, make it 12,000 square foot, and separate it from the existing facility and put them side by side on the site, to give you a total of 19,000 square foot, and that's where we are as of today. COMMISSIONER HALAS: Nineteen thousand? MS. RAMSEY: Nineteen thousand square foot. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Too many -- COMMISSIONER HENNING: Commissioner-- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Can I step down to the podium and put something on the viewfinder? CHAIRMAN COYLE: Sure, sure. I need to ask a question in the interim. You're saying 19,000 square feet in addition to the existing 7,000? MS. RAMSEY: No, sir. It's a 12,000 square foot addition -- Page 51 September 27, 2005 CHAIRMAN COYLE: Okay. MS. RAMSEY: -- and a 7,000 existing. So it would be 19,000 total. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Commissioners, this is a grant application to the State of Florida, a $500,000 grant application that we, the Board of Commissioners, directed staff to seek. And I want to point out the date of April 19, 2005, was -- COMMISSIONER FIALA: July 19th. COMMISSIONER HENNING: Pardon me? COMMISSIONER FIALA: July 19th. COMMISSIONER HENNING: Well, on the top it says July 19th, yes, you're correct. And I want to point out that it is being budgeted for the 2005/2006 fiscal year of the state grant, okay. I think we're working under that budget now. CHAIRMAN COYLE: Not yet. COMMISSIONER HENNING: Ifwe could zoom in. It says, narrative description of the construction project. The construction of this grant application outline plans transforming a 7,000 square foot facility at the Golden Gate Library to a 24,000 square foot facility. Now, Commissioners, I think we could remember in the recent past where the Board of Commissioners had to reach in their pocket under the scenario where we told the state we were going to build a 10,000 square foot, when actually it should have been a 20,000 square feet (sic) building, and that was the Immokalee Library -- or the Immokalee Airport. The Board of Commissioners had to correct that. I don't want to correct that -- this problem in the future. I want to correct that today. Now, Ms. Newman did not put up there a grant application -- and if I can have that -- showing the existing square foot of 7,000, the expanded of 17,000. Now, it's not just what we told the citizens, but it's what we told Page 52 September 27, 2005 other agencies. Is that it? So I'm going to step back up to the dais, and if there's no motion on the floor, I'm going to make a motion. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I would just like to get some clarification. Where did the 24,000 enter into the equation here? And, again, I think it's looking at -- if I looked at this correctly as it was being placed on there, it looked like this was something from John Jones again. And was this approved by the Board of Commissioners? MS. RAMSEY: Commissioners, I do know that the grant application was brought before the Board of County Commissioners to get approval to apply. I will say that the date on the top of that one was -- I can't remember. There was -- when the application actually went in. April 1, 2004. I would show you that during this whole process where I told you there's a lot of water going under the bridge trying to determine what is the best thing to do in the Golden Gate area, we asked Barney, Schmidt, and Weaver to do a study for us and determine what they though the ultimate square footage could be at this location. And they were to look for a -- desirable would to be provide 22- to 24,000 square foot as was demonstrated a few minutes ago. The response on that came back in August 20th of 2004, after the application of the grant went in saying that the design team determined that approximately a 20,000 square foot facility would be the maximum available with the parking and water management done on that site, and I can put that on the visualizer for you. CHAIRMAN COYLE: Well, Marla, could I just expand upon that question a moment? What happens when you receive a grant application based upon a 24,000 square foot building and you decide not to build a 24,000 square foot building? MS. RAMSEY: I'm going to let Marilyn give some information, but I do have a letter that she has written in that regard. So I'll turn it Page 53 September 27, 2005 over to Marilyn here for a second. MS. MATTHES: I'm Marilyn Matthes, Library Director, and I wrote the original grant application for 25,000 square foot, and at that time we did hope that we could get 24,000 square foot on, and that was my direction from the library director at that time. The grants are a year and a half planning process for the grant, so this grant I applied for April 1st of2004. It was considered during the 2005 legislative session that ended this spring, and it was approved in that session, and the library received, after July 1, 2005, notification, that we had, indeed, received the grant of $500,000 to build this building. Before any construction proj ect is finalized and before the state will finally sign off on giving you the money, there's several things that have to be done, which we're doing right now. You approved today on the -- last week -- or at the last commission meeting on the consent agenda, accepting the money. As soon as I got the letter asking -- or notifying us from the state that we were going to get the money, I wrote a letter to the state for their consideration of the changes that we had made to the grant content in the meantime. I have yet to hear from the state on whether they are still going to approve the grant with those changes. I've talked to them a couple of times about it, and they've asked for additional information, but they are still making that consideration. I don't know. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Ms. Matthes? MS. MATTHES: Yes. COMMISSIONER HENNING: My assistant, Sam Tucker, sent you an e-mail on the renewal of the grant. And the question was asked, what has changed from the previous grant on the grant that was set up, and you said -- basically said, it's the same. Is the -- you're remembering from that e-mail correspondence? Page 54 September 27,2005 MS. MATTHES: I don't quite remember that question from Sam. I remember she asked for documents, and I provided documents. COMMISSIONER HENNING: Okay. MS. MATTHES: But I don't remember any-- COMMISSIONER HENNING: E-mail correspondence of asking about the grant particularly? MS. MATTHES: She asked something, and I gave a very long explanation, and she wanted me to boil it down to a couple of sentences, but I don't think it had anything -- I think it had to do with the grant timeline. I don't think it had to do with the content of the grant. I could be wrong, but I can double-check that. COMMISSIONER HENNING: It's my understanding that basically is the same. We're working under the grant application of April. I'm sorry. MS. MATTHES: 2004. COMMISSIONER HENNING: Yes, the one presently. MS. MATTHES: Right. COMMISSIONER HENNING: And I just want to submit those into the record, the documents that I provided. It's my understanding that the water management issue is the master plan for the whole site, including parks and rec., including the government center and the substation out there, and that had to have been done under the Golden Gate Library expansion, so -- MS. RAMSEY: That was done with the assumption -- the calculations when we did wheels (sic) was the assumption that there'd be a 10,000 square foot facility added on to the library, but it was not included in the permit. If you look at the permit that we have currently, that is not in the permit diagram, but the calculations for capacity have been done with the 10,000 square foot facility. Either way we would have to go back for modification of that water management permit. Page 55 September 27,2005 COMMISSIONER HENNING: The -- but with the vacation of Lucerne and the potential of boxing in some of the existing water management would give you quite a bit of square footage to accomplish the -- what's required under the site development plan? MS. RAMSEY: As far as calculations. But I do have Dan Summers with Barney, Schmidt, and Weaver with us today, if you'd like to ask any specifics on that specific area. The Lucerne vacation is new. It's even -- it's even more recent than the July 26th board action. That particular issue coming up is probably a viable issue. We've talked about that as a staff. But that was after the direction that we received on the 26th by the Board of County Commissioners. And we have -- I think we've asked Dan Summers' agency to look at that square footage and what it would do to the site. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I certainly feel -- I went over to your library, and it was very, very crowded, and so I understand your concerns, I truly do, and disappointment. I know we had been told we were going to get 40,000 square foot, then it was moved down to a 30. And 30,000 to serve 87,000 people -- I think it's up to 95,000 people in the vicinity -- you know, you just figure, well, it's never enough, right? I understand that. Going on to -- and you have such a vibrant community who needs that library, just as I do. That's why Commissioner Henning and I would work hand in hand to support one another throughout this entire thing. I want to ask, how much -- how much would it cost to tear down the building to build a larger building and take that street. And I don't know that you would have those figures here, but I'm curious to that. And then if we could do that, how much longer would it take in order to come up with a new design, taking the street and so forth. MS. RAMSEY: If I understand your question correctly, you asked what it would cost if we took down the existing facility? Page 56 September 27, 2005 COMMISSIONER FIALA: Yes. That's -- I think that's what they were hoping to do is tear down -- no, no ? You want to leave that one there. Okay -- and build-- MS. RAMSEY: Yeah. The existing facility would have to be paid for out of an ad valorem dollar because it's already existing, it's not a growth-related item. COMMISSIONER FIALA: Oh, I'm sorry. I misunderstood. Excuse me. MS. RAMSEY: And I don't have a figure currently on the Lucerne element of it or that water management issue that the commissioner was talking about. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: When was this approved on the U CHAIRMAN COYLE: AUIR. COMMISSIONER HALAS: Yes. And also, what square footage was approved? MS. RAMSEY: Well, if you look at the history of the AUIR, going back a number of years, 10,000 square foot was approved, and I believe it was approved in '03/'04 budget year, so we are behind in trying to get the Golden Gate Library up. I building it was in 2004 that the AUIR reflected a 15,000 square foot addition. A 2004 AUIR reflects a 10,000 square foot addition. So it was 10,000, went up to 15-, then has come back down to 10-. And we sit today, we're planning a 12,000 square foot facility that the location. COMMISSIONER HALAS: And 12,000 square foot is also including the 7,000 that's presently there? MS. RAMSEY: In addition to. COMMISSIONER HALAS: Addition to. MS. RAMSEY: That's correct. COMMISSIONER HALAS: Okay. Page 57 September 27, 2005 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I would like to wait until Commissioner Henning makes his motion before I ask my question. CHAIRMAN COYLE: Okay. Then let me get to the basis of this argument. We are -- we're spending a lot of time debating about who told who what and why. We haven't gotten around to the basis for calculating the requirements for square footage in libraries based upon population, and that's what the AUIR is supposed to do, and that is our legal document. Now, what does the -- what is the square footage requirement for either East Naples or Golden Gate? What I'm trying to do is to stop any competition between districts. We shouldn't be doing this. COMMISSIONER HENNING: We're not doing that. COMMISSIONER FIALA: We don't want to do that. CHAIRMAN COYLE: And there shouldn't be a feeling left with the community that one community is getting something better than another community. We should have this all on a standard level of service, and that should be the governing issue here. And so please tell me what is the level of service that was utilized here and what it should be for Golden Gate's projected population. MS. MATTHES: This is Marilyn Matthes again. That's sometimes a very confusing question. It sounds straightforward. CHAIRMAN COYLE: I hope you don't give me a confusing answer. MS. MATTHES: I'll try not to. CHAIRMAN COYLE: Okay. MS. MATTHES: The AUIR requires or suggests that a .33 square foot per capita be the standard for library facilities throughout the county. There is no requirement that they -- to be divided any particular way. There's nothing that says so many square foot goes here, so many square foot there, and that kind of thing. And until we started looking at this whole issue probably this Page 58 September 27,2005 summer, the library system never looked at it that way. We looked at it for the entire system and trying to meet our growth management standard for the entire county since we are a county library system. If you want to divide Golden Gate area out, the AUIR says the population at buildout is 42,191, and we're about at buildout right now. At the standard of .33 square foot per capita, that would require us to have 14,000 square foot of library space in Golden Gate. MR. MUDD: Total? MS. MATTHES: Yes. COMMISSIONER HALAS: Total? MS. MATTHES: Yes. COMMISSIONER HALAS: So we're at 19,000? MS. MATTHES: According to .33 square foot and the Golden Gate planning community, buildout population of 42,191 works out to actually 13,923 square feet. CHAIRMAN COYLE: Okay. Let me just pursue that a little bit. What does East Naples and City of Naples and North Naples work out to be? Can you give me those figures? MS. MATTHES: I've not really -- I've not figured that out. But if East Naples has about a 90,000 population right now, that would be about 27,000 square feet for East Naples. CHAIRMAN COYLE: And they have what? MS. MATTHES: They have an existing 6,600 square foot building. CHAIRMAN COYLE: And what is planned for them? MS . MATTHES: Thirty thousand square foot, South Regional Library. There's been no decision made on whether the East Naples branch will continue as a library. The Library Advisory Board did recommend that we keep the East Naples Branch Library and evaluate its usage after the South Regional opens, and then make a decision on whether it should remain open or closed or used for some other purpose. Page 59 September 27,2005 CHAIRMAN COYLE: Okay, good. Thank you. That at least gives me a general idea of what we're talking about. Commissioner Henning? COMMISSIONER HENNING: Well, let's not mistake that there's no competing interest between East Naples and Golden Gate. We're going to work together, hopefully, on this issue. Even-- whatever the board decides, we're going to be very supportive of East Naples. COMMISSIONER FIALA: That's right. COMMISSIONER HENNING: And the capital improvement of .33 is part of the calculations, you know, of impact fees. But other calculations is based upon servicing area of a radius of five miles. Now, you know and I know that we'll never achieve that, so the Golden Gate Library is expecting to carry more area than Golden Gate. And it's obvious to me that, you know, we're going to provide, meet -- exceed the expectations of the public in East Naples, and we need to do that. That's what we're here for is to exceed the expectation. That's our mission statement, or I think the county manager's. But the -- you know, the issue is, we're working under a grant where we told the State of Florida that we're going to build a -- much larger than what's being planned, and I don't want to lose our credibility with the grants office in Tallahassee. And this document is -- I got this Thursday and requested any other ones at that time. And they wrote me a note of, oh, by the way, a grant application was applied for a -- 30,000 in East Naples. So I'm going to make a motion that we direct staff to build a 17,000 square foot expansion of this facility, and that includes (sic) the existing building, and also keep track -- keep the East Naples library on track as the citizens were told. COMMISSIONER FIALA: Let me just clarify. You said -- and I don't know that you really meant this. You said build an addition 17,000, but you said including the 7,000 existing. You meant-- Page 60 September 27, 2005 CHAIRMAN COYLE: Total of 24,000. COMMISSIONER FIALA: You meant a total of 24,000, not including that in the 17,000, right? COMMISSIONER HENNING: Yeah, and I think I said it twice. What I meant is keep the 7,000, build a 17,000. CHAIRMAN COYLE: Commissioner-- COMMISSIONER FIALA: I'm sorry. CHAIRMAN COYLE: Commissioner Coletta has his light on. COMMISSIONER COLETTA: Let Commissioner Fiala finish, then I'll pick up. COMMISSIONER FIALA: That's all right. Go ahead. Your button's on. COMMISSIONER COLETTA: Yeah. Well, first thing, I don't see these libraries as belonging to any particular district. A good part of Golden Gate Estates, it's just not accessible for them to go all the way out to Golden Gate Library, or they use the -- of Golden Gate Estates Library, and I know they use the Golden Gate City Library for convenIence. And from the far end of 951, the communities in there use East Naples. So I don't see this as a district issue, and I think we need to maximize our libraries to the max whenever it's possible and financially feasible to do it. And Commissioner Henning is very right to bring back the concerns of the community. I think we also have to be very clear that we exercise due diligence on the part of staff. As far as anyone on staffbeing less than truthful or forthcoming, that's not the case, and I'm sure everybody will agree. As far as the size of the library, if there's a way to do it, if there's a financial way to do it and a physical way to do it to increase the size of the library to the size that we're talking about, which is what, 24,000 square feet, then, you know, I'd like to see us do it, even if it was another year delayed. Page 61 September 27, 2005 I mean, there's only -- but my question comes in now is the monies. The monies that would be available and the space we have to build on, could somebody address that? In other words, if we were to start down this road, what would we have to take from if we brought it in sooner than later? Of could we do what was suggested by one speaker, include it as part of the bond, that we'd be able to go forward with both projects in an expedient matter? MR. MUDD: Commissioner, I put up on the slide the impact fee spreadsheet, and Mr. -- Mr. Smykowski or Susan will address your particular issues. MR. SMYKOWSKI: For the record, Michael Smykowski. This is -- on the visualizer, Ms. Usher prepared a multi-year analysis out into the future just looking at current impact fee collections, book expenditures, and the projected debt service on both the Golden Gate Library as well as the South Regional Library. The Golden Gate branch library at this point was based on the 12,000 square foot addition. And the bottom line -- Susan, if you could point. Beginning in 2010, based on the projected impact fee levels of approximately $2 million a year, it's actually $1,950,000. Beginning in 2010, obviously there is a projected impact fee shortfall, in essence, showing that you could not construct both the facilities. And this is based on a IS-year amortization of both the Golden Gate and the South Regional Library. COMMISSIONER COLETTA: Okay. There's nothing as far as grants go or other fees that we could use for libraries out there, like new- found monies, as I use the expression very loosely in this world today, that could have been the cost of this? MR. SMYKOWSKI: There is a $500,000 grant showing in '07/'08. MR. MUDD: It's '05/'06 on the total budget. Susan is pointing to it right now. Page 62 September 27,2005 COMMISSIONER COLETTA: I guess the other question would be, that goes right along with this is, from what we have budgeted to what would be the ideal, what would be the difference in dollars? Does anybody know that, or is this something that's unknown? Be able to reach Commissioner Henning's objective and -- MR. MUDD: Commissioners, based on the impact fees that you've got something coming based on the shortage that Michael pointed out in FY -'09 and through 2010, where it comes in at that number, $393,900, if you could point to that. You'll notice a note up on the upper part of the slide that says that we need to have new rates in place based on our impact fees by fiscal year' 1 0 or we have that shortfall of $400,000. So as this chart states today, if there is no impact fee update where we would get an increased amount of money for the impact fees for libraries, the ad valorem taxes would have to put in money in '09 and '10 to the tune of around $400,000. It would increase in 2010 or 2011 to 625,000, and then you basically see those particular issues. COMMISSIONER COLETTA: But that's predicated on that fact that we wouldn't raise the fees. That's not if we do raise them. If we do raise them, that's included? MR. MUDD: Well, no, it's not. COMMISSIONER COLETTA: Suppose we raised them to the legal limits, let me ask you that, legal justifiable limits. Would we have enough income to be able to cover the shortfall to be able to build the Golden Gate Library? MR. MUDD: Commissioner, under the 12,000 and under the 30,000, 12,000 which is the addition to the 7 in the Golden Gate Library, and 30,000 for the south regional, we believe with the impact fees coming in, that we'll have enough dollars to cover those shortfalls when that increase study comes aboard. With the increase that you have for square footage to the Golden Gate -- to Golden Gate Library, this particular picture that is being Page 63 September 27, 2005 displayed for you on this spreadsheet gets worse. And so something's got to give in this particular issue, either it's the square footage or it's a slippage of the north -- or, excuse me, of the South Regional Library to years farther out than what's projected on the AUIR slide that you saw earlier, which is, I believe it was '08/'09. COMMISSIONER COLETTA: Mr. Mudd, this is all very interesting. Some of these questions I asked, you're answering them, I assume, quite fully, but I think more thought might be able to go into this. I would, for one, would like to see if Commissioner Henning might consider, or if his particular motion doesn't carry forward, that we continue this item till we get some more data to be able to support the what-if, see what -- if we exhaust all possibilities. I mean, he's brought -- he's brought forward a very big concern to the Golden Gate community, and I think we owe it to ourselves to exhaust all possibilities. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, I was just going to say the same thing. So I would like to see us discuss more with a little bit more facts so that we can see if we can support this. I really want to support his efforts, and I know that his community is excited about a new library, and he's got a lot of children in his community, just as I do. And by the way, my East Naples community is so large that a lot of my people from Radio Road on use his library. So, I mean, it's not like, you know -- because they can't use ours. Our is -- we don't have very many books and it's a very small library , and we can't even have many programs at ours because it's too small to have programs. So they do use the Golden Gate Library, and it's probably closer for them, so I'd like to see a little bit more research gone into the figures and how can we make this happen. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I guess the bottom line is that we Page 64 September 27, 2005 don't have the capital here to address. Everybody would like to have a Tas Mahal for a library. My question here is, we -- have we used this nexus on all of our libraries throughout the county that we look at as far as expansion? Do we use -- have -- use this nexus step -- of .33 square feet? MS. MATTHES: Yes, yes. COMMISSIONER HALAS: Okay. And have we found that it's been adequate in the areas that we've expanded the libraries? MS. MATTHES: You're asking a librarian if space is always adequate. Well, you know, I've got to say no, but it's the standard that we have to use. COMMISSIONER HALAS: We have to use. Why do we have to use this? MS. MATTHES: Because that's what the growth management specifies, and that's what we get impact fees on that basis. COMMISSIONER HALAS: Based on this? Okay. MS. MATTHES: Based on that, .33. COMMISSIONER HALAS: Okay. So as far as addressing impact fees, we're probably pretty much at the limit where the impact fees are now for the libraries other than the fact that we can increase it for the consumer price index; is that -- would that be -- MS. MATTHES: We do -- the impact fees are indexed. As to the limit of what we can charge for library impact fees, I do not have that information. COMMISSIONER HALAS: Mike, can you maybe shed some light on this? Where are we in regards to the impact fees for libraries? MS. MATTHES: The impact fee is about $180 for 1,000 square foot. It's indexed annually with the CPI. COMMISSIONER HALAS: Okay. And this is the nexus that we go by, and this is -- MS. MATTHES: (Nods head.) COMMISSIONER HALAS: Okay. So as far as you know -- Page 65 September 27, 2005 and I guess we'll have to leave this up to the discretion of staff -- are we at the -- about where we can squeeze the turnip for impact fees in addressing this library issue? MS. RAMSEY: Yes, Commissioner. We just had an update on the impact fees, which was approved by the board this spring. And every time we go out for an impact fee update, we ask that consultant to give us what is legally defendable. COMMISSIONER HALAS: Okay. So I would say at this point in time, I understand where Commissioner Henning's coming from, but I think that we're addressing the needs in his community as fairly as we can because we're addressing the same needs in the south area, for the south library, and we've addressed the needs of the people that use the Orange Blossom Library when that was built, when we used basically the same type of a nexus; is that correct? MS. RAMSEY: That's correct, sir. COMMISSIONER HALAS: Okay. Then I think, as far as I'm concerned, we need to continue on the road that we've set forth here. That's my feeling on it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I'm not going to let this conversation go on too long, but I do have a question. On our library system, is it pay as we go, or is it bonded? MS. RAMSEY: It's bonded. COMMISSIONER HENNING: Okay. MS. RAMSEY: At least we have bonded the North Regional Library, and for both the Golden Gate expansion and the South Regional. COMMISSIONER HENNING: The figures that were shown previously, is that a bond? MS. RAMSEY: If you look at the slide that you have there, you'll see the bond number for the North Naples Regional Library on the bottom of that. Page 66 September 27,2005 COMMISSIONER HENNING: No, the future libraries. MS. RAMSEY: Yes. These are all bonded out for 15 years. COMMISSIONER HENNING: Okay. Paying back impact fees. MS. RAMSEY: Impact fees. COMMISSIONER HENNING: Using impact fees. Commissioners, we can make this happen if you want to. The Board of Commissioners even allocated more money of the taxpayers back to reserves, and it's an ongoing replenishment. And, you know, if the commissioners need more information, that's fine, but I think that we need to give direction, and I hope the direction is, how can we do it instead of how can't we do it. And that's where we're -- the information we're getting is, how can't we do it, and I think we can get some information of how can we make it happen. CHAIRMAN COYLE: Yeah. I think that's one of the things that's bothering me. We've got -- we've got street annexation -- not annexation, but we can take a vacation of a street and we can do certain things. We have flood control issues, water management issues, that apparently we're not prepared to address quite yet. And we also have the AUIR coming up. That's our legal document for substantiating the actions we take. And it is unfortunate that things have been communicated that don't -- are not necessarily based upon the AUIR itself, and that is particularly confusing to the public. But maybe I can -- I can suggest that we -- we move ahead evaluating those opportunities. I think, Marla, you said to us that you really haven't had a chance to evaluate the vacation of the street and what the implications are. But if we can move ahead with the construction of the new building as quickly as possible to the size that can be accommodated within the existing property and the board could communicate to the staff that we would like to ultimately have more square footage there, and then that could be accommodated when the time comes to Page 67 September 27,2005 renovate or tear down the old building. You could build a bigger than 7,000 square feet there, and the addition of that building could be funded by impact fees, and that would get us to the point where we're a little closer to knowing what the impact fee updates might provide us for that particular structure. So I don't know it that would be acceptable. But it seems to me that the AUIR's coming up a in couple months. MR. MUDD: Yes, sir. The AUIR we present -- we sent out guidance to the staff to collect the information. That's coming back in the comprehensive plan. We plan to present to the planning commission based on our plan in November and then to this board in December. CHAIRMAN COYLE: Yeah. Well, you know, it's my -- as you know, it's my -- my personal code that when you tell somebody you're going to do something, you do it. And even if it hurts you, you do it. And it is understandable that we have some communication problems here because circumstances have changed and people have changed, but it's important that we resolve that in the best interest of our residents, and maybe this is a way of doing it without getting ourselves into financial trouble. But my concern right now is, I want to help the people, I want to resolve the correspondence, or the communication problems, but I want to do it in accordance with our legal process, which is an AUIR update and a proper evaluation of the budget so that we understand where the money's coming from, how much it's going to take, and how we're going to get there. And I just like -- I would like to go through that orderly process. And if we could work together over the next couple of months to try to resolve that, that would be helpful. Is that okay with you, Commissioner Henning? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I would like to bring this back. Page 68 September 27,2005 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Give direction, bring it back in the next agenda item so we can resolve this issue -- CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: -- with the understanding of, how can you make it happen through vacations of road easements, take a look at the existing stormwater capabilities for utilization of a 17,000 square foot building, take a look at the bonding capability of the assets that we have. I mean, that's -- that's what I would like to see done, and come back to the board, and then we can make a decision on is -- are we keeping up on what is being told to the citizens. COMMISSIONER COLETTA: I'll second that. CHAIRMAN COYLE: Okay. And Commissioner Fiala had asked to speak. COMMISSIONER FIALA: Yeah. Just to make sure. Now, I'm going to get very myopic and say, but I don't want to see the East Naples Library downgraded because you're going to take the money and put it into another library. COMMISSIONER HENNING: I'm going to put that into motion that we don't want to compromise South Regional Library. COMMISSIONER COLETTA: I'll include that in my second. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Then we have a motion and a second. And Commissioner Coletta wants to say something more. COMMISSIONER COLETTA: Thank you. Mr. Mudd, help me out with this. The budget, when we were working with the UFR list, we turned back into the reserves there how much from the UFR list? CHAIRMAN COYLE: Seven hundred fifty thousand dollars. COMMISSIONER COLETTA: Seven hundred fifty? MR. SMYKOWSKI: The unallocated money from the UFR was 725,800 was that remaining balance between the projects you Page 69 September 27, 2005 allocated. COMMISSIONER COLETTA: And if I remember correctly, Commissioner Henning wanted to see this money go back to the taxpayers. I'd like to see it go back to the taxpayers as a form of a possible money source for the new library for that part that wouldn't be covered by impact fees when -- at least put into the consideration. Would you include that in your motion? COMMISSIONER HENNING: Well, that's part of it, the direction of the bonding capability. COMMISSIONER COLETTA: Well, that's 750,000 that's in the reserves. COMMISSIONER HENNING: Yeah. That's part of my motion. COMMISSIONER COLETTA: Okay. It's part of my second. CHAIRMAN COYLE: Okay. We have a motion on the floor by Commissioner Henning and second by Commissioner Coletta to provide staff with directions to come back to us with recommendations as to how this can be accomplished, including all financial implications, et cetera. MS. RAMSEY: Can I ask for clarification. The square foot again was 24,000 square foot on this site; is that the direction? COMMISSIONER HENNING: Seventeen thousand expanded. MS. RAMSEY: Seventeen thousand expanded in addition to the existing 7. Okay. Just wanted to clarify. COMMISSIONER HENNING: May I get a copy of Ms. Matthes documents that she presented? CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? Page 70 September 27,2005 COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It carries 4-1. Commissioner Halas dissenting. And we're going to take a break now for our court reporter. (A brief recess was had.) CHAIRMAN COYLE: Okay. We're back in session. I believe we have an 11 o'clock certain, time certain item. Item #8E ORDINANCE 2005-49: THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BOARD) ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) TO ADD THE AMENDMENTS OF LDC SPECIAL CYCLE 2A, AUTHORIZED BY THE BOARD FOR THE FOLLOWING PURPOSES. AMENDMENT OF SECTION 2.03.07 OVERLAY ZONING DISTRICTS ADDS IMPLEMENTING PROVISIONS FOR THREE (3) NEW TRANSFER OF DEVELOPMENT RIGHTS (TDR) BONUSES OUTLINED IN THE GROWTH MANAGEMENT PLAN (GMP) AMENDMENT CP- 2004-4. AMENDMENT OF SECTION 2.03.08 IS REQUIRED TO IMPLEMENT THE "GLITCH" AMENDMENT CPSP-2003-11 TO THE GMP AS WELL AS FURTHER IMPLEMENTING THE TDR BONUS CREDITS AND RURAL VILLAGE STANDARDS AS ADOPTED IN THE GMP. AMENDMENT OF SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES IS TO ADD PROVISIONS FOR PUD EXPIRATION AND RETIREMENT OF EXCESS NUMBERS OF DWELLING UNITS - ADOPTED W/CHANGES MR. MUDD: Yes, sir. That is item 8E. This item to be heard at Page 71 September 27, 2005 11 a.m. It's a request that the Board of County -- the Collier County Board of County Commissioners adopt an ordinance amending ordinance number 04-41 as amended, the Collier County Land Development Code, to add the amendments of the land development code special cycle 2- A authorized by the board for the following purposes: Amendment of section 2.03.07, overlay zoning district adds implementing provisions for three new transfer of development rights bonuses outlined in the growth management plan amendment CP-2004-4; amendment of section 2.03.08 is required to implement the glitch amendment, CPSP-2003-11 to the GMP as well as further implementing the TDR bonus credits and rural village standards as adopted in the growth management plan; amendment of section 10.02.13 planned unit development procedures is to add provisions for planned unit development expiration and retirement of excess numbers of dwelling units. CHAIRMAN COYLE: Okay. Can I make an introductory comment concerning this? I was the one who urged the procedures be developed to -- for the PUD expiration and retirement of excess number of dwelling units. At the time that that request was made -- and the board, of course, supported that request -- none of us was aware of the cost of doing this, and it turns out the cost is about $825,000. The benefit is minimal. And there are other ways the staff can compensate for any errors in the database which is used for the calculation of concurrency. So if the board would agree with me, I would like to eliminate that provision from this particular item and we won't spend any time debating this. COMMISSIONER FIALA: I agree. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Very well. We have a motion by Commissioner Coyle, a second by Commissioner Halas, to eliminate Page 72 September 27,2005 consideration of the so-called ghost housing Unit Ordinance, seconded by Commissioner Halas. And 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: Okay. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. Okay. So we can eliminate that from our presentation, okay. And go right to the heart of the other issues. MS. FABACHER: Excellent, thank you. Thank you, Mr. Chairman. For the record, Catherine Fabacher with Zoning and Land Development review. You certainly simplified my task this morning. So I did want to give you a brief rundown on, this is the continuation of your meeting for the public hearing of cycle 2- A, and that would -- at the last meeting, I think, all the substantive issues had been discussed on both of the TDR amendments. I think you're about to take a vote on them, but if you have any questions, you know, staffs here to answer that for you. CHAIRMAN COYLE: Okay. We have four public speakers. Could we call the first public speaker? MS. FILSON: The first speaker's Cathy Sellers. MS. SELLERS: I don't need to speak, thank you. MS. FILSON: Nancy Payton? MS. PAYTON: (Speaker waived.) MS. FILSON: Bruce Anderson? Page 73 September 27, 2005 MR. ANDERSON: Waive. MS. FILSON: And Brad Cornell? MR. CORNELL: (Speaker waived.) MS. FILSON: No speakers. CHAIRMAN COYLE: Boy, that's the way it should go. MS. FABACHER: How lucky am I? CHAIRMAN COYLE: Let's hope it goes like that all day. COMMISSIONER FIALA: Then I'd like to make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. Thank you. MS. F ABACHER: Excuse me. Can you clarify? Is that to approve the whole ordinance with just the two TDC amendments? CHAIRMAN COYLE: Yes. The entire ordinance with the exception of the ghost -- MS. FABACHER: Right, understood. CHAIRMAN COYLE: -- housing unit. MS. FABACHER: Understood. Thank you so much. MR. WHITE: Mr. Chairman? COMMISSIONER FIALA: You said that more clearly. Thank you. MS. FABACHER: That's okay. Thank you so much. Page 74 September 27, 2005 MR. MUDD: Can he put something on the record? MR. WHITE: Mr. Chairman, just one more piece of information to put on the record, Assistant County Attorney Patrick White, that I'm assuming that the motion maker and second, as well as the board's vote, included a finding of consistency with the comprehensive plan as to those LCD provisions. CHAIRMAN COYLE: They certainly did. MR. WHITE: Thank you, sir. CHAIRMAN COYLE: Thank you very much. Item #9 A RESOLUTION 2005-338: RE-APPOINTED CHERYLE L. NEWMAN AND PATRICIA SPENCER TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED W/W AIVER OF TERM LIMIT MR. MUDD: Commissioner, that brings us to agenda item 9A, and that is appointment of members to the Golden Gate Beautification Advisory Committee. COMMISSIONER HENNING: Move to approve the committee's recommendations. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. A motion to approve the committee's recommendation by Commissioner Henning, second by Commissioner Fiala. Any discussion? MS. FILSON: And does that include waiving section 7B of the ordinance? COMMISSIONER HENNING: That's correct. That's part of my motion. COMMISSIONER FIALA: Second. Page 75 September 27, 2005 CHAIRMAN COYLE: Okay. And yes, that is included in the motion and the second. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. Item #9B RESOLUTION 2005-339 - RE-APPOINTING LINDY ADELSTEIN, APPOINTING RUSSELL TUFF, RE-APPPOINTING PAUL MIDNEY TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED MR. MUDD: Commissioner, that brings us to the next item, which is 9B. It's an appointment of members to the Collier County Planning Commission. COMMISSIONER FIALA: And, Commissioner, I would like to, for my District 1, I would like to make a motion to accept Lindy Adelstein. CHAIRMAN COYLE: Okay. We have a motion for Lindy Adelstein. All right. Any other appointments? COMMISSIONER HENNING: Motion to accept Russell Tuff for District 3. CHAIRMAN COYLE: Okay. Russell Tuff for District 3. Any other -- Page 76 September 27, 2005 COMMISSIONER COLETTA: Yes. Paul Midney for District 5. CHAIRMAN COYLE: Okay. So those are the three -- we have three positions and we have three nominations. Any other nominations? (N 0 response.) CHAIRMAN COYLE: Very well. Then we'll handle them all at one time. COMMISSIONER FIALA: Motion to approve the three nominations. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. Motion to approve the three nominations of Lindy Adelstein, Russell Tuff, and Paul Midney by Commissioner Fiala, second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: They are appointed unanimously. Item #9C RESOLUTION 2005-340 - APPOINTING MEMBERS: AMY GARRARD, NINA VELASCO, TODD HOFFMAN AND KEN O'LEARY TO THE WORKFORCE DEVELOPMENT BOARD, REGION 24 - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, Page 77 September 27, 2005 which is 9C, and that's an appointment of members to the Workforce Development Board, Region 24. CHAIRMAN COYLE: And this is a confirmation of appointments for four members to the Workforce Development Board. MS. FILSON: Yes, sir, and they were recommended by the EDC. CHAIRMAN COYLE: And they are Ms. Amy Garrad, Mr. Todd Hoffman and Nina Velaso and Ken O'Leary. Commissioner Halas? COMMISSIONER HALAS: Yes. I was hoping that there would be someone, maybe there is, from the audience in regards to how they have addressed workforce housing in the three-county area of this task force. Is there anybody? (N 0 response.) COMMISSIONER HALAS: Since this is workforce housing, I just want to know what accomplishments they've had addressed here in the years past. COMMISSIONER COLETTA: I'd like to know that, too. CHAIRMAN COYLE: When is this board going to come up for a review by the commissioners? We asked for an annual report from a certain number of the boards each year. MS. FILSON: This isn't actually one of the advisory committees that you -- CHAIRMAN COYLE: Yeah, I know. MS. FILSON: -- created by ordinance, and they historically have never come before the board for a review. COMMISSIONER HALAS: They've never come before the board? MS. FILSON: No. It's like a -- COMMISSIONER COLETTA: I would request that they do. MS. FILSON: It's a five county -- CHAIRMAN COYLE: Yeah. We don't appoint them. Page 78 September 27, 2005 MS. FILSON: You only appoint from Collier County. CHAIRMAN COYLE: From Collier County. But we can request a report from them -- MS. FILSON: Yes. CHAIRMAN COYLE: -- concerning their results and activities. MS. FILSON: And I'll include that in the letter when -- I'll include that in the letter with the appointments. CHAIRMAN COYLE: Okay. Why don't we do that. Commissioner Fiala? COMMISSIONER FIALA: Oh, well, that's -- I was going to say the same thing. I guess we've both been talking to Mr. Mudd. CHAIRMAN COYLE: Or you've been talking to each other. COMMISSIONER FIALA: No, no. I'm afraid it was Mr. Mudd. And I just was going to ask you then also to maybe write to them and ask them what they have done for affordable housing and to encourage as well as help find funding or to fund affordable housing in Collier County. And so as you -- in your position, Mr. Chairman, I would ask that you would write to them and get a report from them. CHAIRMAN COYLE: I will be happy to do that. MS. FILSON: I'll include that in the letter, sir. CHAIRMAN COYLE: Good, thank you very much. All right. We have a motion for acceptance or approval of the appointment of these four people. Did we already do that? MR. MUDD: I haven't heard it yet, sir. MS. FILSON: No. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Page 79 September 27, 2005 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. Item #10A THIS ITEM IS CONTINUED FROM THE SEPTEMBER 13,2005 MEETING. AN AGREEMENT FOR SALE AND PURCHASE WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA FOR 65 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $2J34~500. APPROVED W/STIPULATIONS MR. MUDD: Commissioner, that brings us -- 9D's been continued to 11 October. 9E is at one p.m. We finished 9F. Brings us to 10A. This item continued from the September 13, 2005 BCC meeting. It's a recommendation to approve an amendment for sale and purchase for -- with the school district -- with the District School Board of Collier County, Florida, for 65 acres under the Conservation Collier land acquisition program at a cost not to exceed $2,134,500. And Ms. Alex Sulecki will present. MS. SULECKI: Good morning, Mr. Chairman, Commissioners. For the record, my name is Alexandra Sulecki. I'm the Coordinator Page 80 September 27,2005 for the Conservation Collier program. And this item was before you on September 13th. There were two questions at that time that you asked me to research further. The first was the ability to place a road along the northern edge, and the second was some concern about whether this property might be designated as sending lands in the future. And I did address a memo to you that hopefully answered the questions in regards to the road. And I'm not exactly sure of all the issues in regards to sending, but I'd be happy to discuss that. We did kind of focus in the memo on the TDR issue because that's -- when a property is sending land, that was our concern, that we would not be voiding TDRs. And, of course, we can't buy them or sell them. Sending lands are designated as sending because their environmental resources are thought to be better, and that's kind of what we focused on. And, indeed, we did find that. And I just wanted to answer any questions that you might have and also just present to you, again, the fact that this property did score the highest in the second cycle, so it definitely met our criteria, and that's what we focused on when we selected it for you. Are there any questions I can answer? CHAIRMAN COYLE: Public speakers? MS. FILSON: Yes, sir. I have two public speakers. Nancy Payton. CHAIRMAN COYLE: And do you want to wait until after the public speakers to ask your questions or not? COMMISSIONER HENNING: Actually, Mr. Chairman, if you don't mind, I might have a question for Ms. Payton. CHAIRMAN COYLE: Go ahead. Oh, okay. MS. FILSON: Ms. Payton will be followed by Brad Cornell. CHAIRMAN COYLE: Okay. MS. PAYTON: Nancy Payton, representing the Florida Wildlife Page 81 September 27,2005 Federation. We've had quite a bit of involvement in section 24. During the rural fringe planning effort, that particular section did rate very high and did rise above the level for sending land. But it became a political issue during the transmittal and adoption hearings because there was an effort to have these lands dedicated as receiving lands, but the environmental values were too high. We also had the issue of the school board site where -- in other locations in the rural fringe where there was a school site that was not in a receiving area, it was designated neutral land, and that's the Kauffman site that the county and the school board bought at the end of Vanderbilt Beach Extension. That's -- which recently the Talon parcel went from neutral to sending, and that always had environmental value, but because of the school site there that was purchased prior to the end of the planning effort, it went neutral. As an immediate resolution of the issue and to get the rural fringe adopted, there was an agreement that it would be temporarily neutral and that there would be a study done to determine whether it rose to the level of sending or fell to the level of receiving environmentally or whether it should stay neutral. And that study was conducted by a consultant that was engaged by the county, and it did come back reconfirming that those lands have high environmental value, and I think that also was proved by the scoring that it received through the Conservation Collier program. So I see we have two issues here. One is the immediate issue of the land that's been proposed for acquisition by Conservation Collier and the need to revisit section 24, and from our position, needs to be properly and finally designated sending as its environmental values say it should be. It's kind of a dilemma here for me to make a recommendation, but I think ultimately the commissioners ought to be directing staff to have that section of land, the compo plan amendment, to have it designated or redesignated, or excuse me, designated sending because Page 82 September 27, 2005 it does have high environmental value. And whether you want to go ahead and purchase that parcel now or wait, I leave that to you. I will say that anybody who wants to develop that parcel has tremendous environmental hurdles to overcome because it's very near a red-cockaded woodpecker colony and it's within the forging area, it's in the panther evaluation issue. And the county does know through several studies now, that it is high environmental value. So my ultimate recommendation is, please let the -- get this redesignated sending, hopefully in the next cycle. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Nancy, thank you. The -- we did direct staff to take a look at this section, because it's neutral, and do an evaluation. And now you're telling us that that study is either complete or we know what's the sensitivity on this particular land. MS. PAYTON: Right. But that study's been completed now for a year, two years, maybe longer. And my understanding in the packet, there is a map that does show some of the information that was produced by the consultant study. And also during the rural fringe planning effort, the scientific review that was done by county staff also supported that being sending. But for political reasons, it went neutral, so I guess that could be re-confirmed from my perspective. COMMISSIONER HENNING: Okay. MS. PAYTON: And we agreed to -- we agreed to that. We said, let's have neutral and let's have the study come back and drive what the designation should be. COMMISSIONER HENNING: So if it is sending lands, it really can't be built on anyways. They would have to come back and prove that it doesn't have that high environmental values. Is it your opinion __ would it be better to not purchase this since it is going to be sensitive lands, sending lands, and use that money for things like the Fleischmann property? Page 83 September 27, 2005 MS. PAYTON: Well, as I said, there are two different issues here, that I would be comfortable with abandoning this as a Conservation Collier acquisition if there was an agreement from the board that that section needs to be redesignated sending as the science says it should be, and hopefully the county could receive that parcel as the bonus TDR, the fourth TDR. COMMISSIONER HENNING: We gave direction to come back, and I think it was a year time period to -- for the re-evaluation. I know we're past that, but I know that our staff is very busy. MS. PAYTON: Yes, they are. COMMISSIONER HENNING: And if the evaluation from Conservation Collier says that this is sensitive lands, anything in the fringe, my opinion, Commissioners, we don't need to buy it. It's going to be in preserves as per the amendment of the fringe. So all I'm saying is, let's not waste our money and let's be prudent with the taxpayers' money. CHAIRMAN COYLE: We have some other commissioners who need to speak, but I need to ask a question that ties into that. I'm troubled by the statement in our packet that the redesignation of this parcel is at least 18 months away, although we got the re-evaluation a year ago. And, secondly, I'm troubled by the fact that the school board is saying that they have a buyer for this property who's willing to pay much more than Collier County is willing to pay for it. So I'm wondering about the impact of those two facts. What can you tell us? MS. SULECKI: I don't know about the 18 months. That was simply an estimate based on how quickly things get through our cycles. But as far as the other buyer, that is the information that I received. There was another buyer. And I would ask that in sending lands, can you not build golf courses? I think you can. So I think Page 84 September 27,2005 there's a potential for that to be a golf course. COMMISSIONER HENNING: Ms. Payton shakes her head no. MS. SULECKI: The other thing I just want to add is that sending lands are part of your ordinance to us, your direction to us to look for properties within these lands. So even if it is designated to sending lands, that's identified in our ordinance as properties that are potential purchases for us. CHAIRMAN COYLE: I think Commissioner Fiala was next. COMMISSIONER FIALA: No, never mind. CHAIRMAN COYLE: Oh. COMMISSIONER FIALA: Skip me for now. CHAIRMAN COYLE: And then I think it was Commissioner Coletta. COMMISSIONER COLETTA: Actually, the reason at the time that I asked for it to be continued wasn't related to this, although this is a good item for discussion, because we definitely don't want to spend the taxpayers' money where it's going to do the least good. So I guess it's questionable what's going to happen, and I still want to hear more about that. But the reason it was pulled was because of the question of access, and I'm not too sure where we stand if this became a receiving land, sending land, or whatever. I'm very concerned what's going to happen if some future commission does want to go with 16th Avenue all the way through to join up to Green and onto Livingston as a future corridor. And we heard from staffby e-mail that they believe that the word in there, reasonable access, that's a phrase I asked them to include so the public would be able to access these lands to use them whenever possible, would be able to cover that. Now, I want to ask our county attorney, Mr. Weigel, do we have it so that without a doubt at that point in time some future commission comes forward, they don't find themselves stymied and can't move Page 85 September 27,2005 because the land we're talking about turning either into sending lands or turning into Conservation Collier preserve lands. Is that going to eliminate our possibility or make it extremely difficult to be able to get the right-of-way for a future road? MR. WEIGEL: Commissioner, I don't think that a redesignation would alter the ability of the county to have access; however, the review has shown that although there is -- exists what can be considered, described as legal unimproved access -- and Alex may wish to jump in -- it appears, however, that the county would have to __ or potentially have to acquire a more assured access to provide the kind of access that's typically contemplated by Conservation Collier program, which is not mere access that meets a minimal legal requirement, but the access that's appropriate for citizens of -- residents of the county, including ADA type of access. Typically, when we create or purchase property for use by the county's residents and taxpayers, it's not merely to go down a troublesome path of physical access but would include, conceptually and actually, improved access. And it's my understanding that that is problematical with this property at the present time because there is not an absolute -- an absolute, if you want to call it, un -- singular -- singular ownership access to the property. It has a relationship to the South Florida Water Management District, and they, in fact, have had access in that area, but their access technically, arguably, goes over a patch of private property. Is that not correct, Alex? MS. SULECKI: Yes, that was a factual issue that we found out last week. We had originally thought it was in your packets that that's a South Florida Water Management District easement, and they use it as if it were, but it's actually -- it's access -- it's deeded access over part of it, and part of it, it's just a road over people's property. We do have unimproved legal access, too. COMMISSIONER COLETTA: No, I know that. That's not the Page 86 September 27, 2005 question. I want to know if -- and I'm hearing a very, very long answer, and it scares the daylights out of me because the terminology used is, not quite evasive, but it doesn't seem to be direct. I want to know that if my action to turn this into, first, Collier -- Collier 2000 preservation property, if 16th Street at some point in time would be able to be extended, or like Mr. Weigel said, it's problematic. If that's the case and we don't know the answer, I'm going to vote against it. The next question would be, if this is turned into a sending land, at that point in time, would that designation allow us access through, and if that's the case, too, and we can't provide for it at the time it's turned over or whatever, I think I would vote against that also. I'm not going to box in a commission 20 years from now from being able to do the right thing. MS. SULECKI: On the first issue, I thought we had answered you. The memo provided a legal opinion that we could, at this point in time, without any changes to any ordinance, we could sell a portion of that roadway for access to the transportation department, and then also, that what we are working on in the exceptional benefits ordinance would provide for that, and that's the goal of that ordinance. I did have some conversations with transportation, and we asked, could they not buy this up front, right now? That would be your 100 percent. The problem with that -- and they could, but it's not designated as a road yet -- COMMISSIONER COLETTA: I understand. MS. SULECKI: -- so that is not a preferred option. COMMISSIONER COLETTA: Could we include it in some sort of agreement that we're putting together now, where they have the right to come back and do it, so that 20 years from now, or whenever that period of time is, that this isn't going to become an impediment to any new roads that mayor may not have to be put in? MS. SULECKI: You mean added on a deed or something? Page 87 _,o,,_..___._~. ___0' September 27,2005 COMMISSIONER COLETTA: Yes. MS. SULECKI: Okay. That would be a legal question, and I'm not sure. Perhaps-- CHAIRMAN COYLE: Why couldn't you put an easement on the document that acquires it, an easement in favor of the county? MR. PETTIT: For the record, Mike Pettit, chief assistant county attorney. Let me just very briefly state what my opinion was on this. My opinion was very simple. Right now there is not reasonable public access to this property. I can't take -- get in my car with my family, go park and go use this property, okay. Given that fact and given that your ordinance ultimately contemplates that we have that kind of access to this property if Conservation Collier acquires it for that program, I believe it would benefit the property if at some point in the future we were building a road that would provide that reasonable public access; therefore, I think you could sell it off. That's the logic. If in the interim, Commissioner, reasonable public access is provided by another means, for example, improvement of the legal unimproved access we have now, then I believe that would no longer be an option. The fallback would be an ordinance that's still only in the planning stages that you've directed us to bring back to the board. Assuming the board would adopt that ordinance, there would be then a mechanism to sell off that right-of-way. If the question is today, as we enter into this purchase, could we assign or designate a portion for road right-of-way, it's been my opinion that when we acquire conservation property, if we do it jointly __ this is a little confusing because it's the county that holds title to all of this property. But, for example, if we were simultaneously going forward with transportation dollars and Conservation Collier dollars, I don't see any problem there at the time the property's acquired. The issue is that once we acquire it for the program, you don't -- Page 88 September 27,2005 you aren't in a position to sell it off unless you can demonstrate a benefit. COMMISSIONER COLETTA: Could we, for one dollar, have the option to be able to have the right-of-way sometime in the future? Because transportation can't go ahead and start dedicating a right-of-way when they haven't even got through a study that's going to go on for a long, long time to come. This is just one of those options that we have to keep open. And I just don't want to see it come down to the point where we hurt ourselves over this. Could we possibly tie this option up for the right-of-way along 100 feet of that, what side, north side of the property, whatever would be realistic, by just including it in the sale price for one dollar, the county would be able to have that option for 20 years in the future or something; is there something like that that could be done? MR. PETTIT: I'm going to be honest, Commissioner. The problem I have with that solution is that the dollars you're using for the Conservation Collier property are dedicated ad valorem dollars to buy Conservation Collier property. And what you really would be doing then is using Conservation Collier dollars to fund county right-of-way. That's how I would understand the suggestion. This is a frustrating suggestion, I understand that. COMMISSIONER COLETTA: Well, we'll use one dollar from transportation's budget to be able to tie it up. MR. PETTIT: But the original -- but the total cost of the school board property would be from Conservation Collier dollars, is what I'm -- COMMISSIONER COLETTA: Does anyone have a solution to this? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: But Commissioner Halas might have a solution. He's next. Page 89 September 27,2005 COMMISSIONER FIALA: Oh. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I'm concerned when you sayan opinion. I'd like to see it based on case law. I think that we need to clarify that very strongly. I have the same concerns that Commissioner Coletta has, and that is addressing future transportation needs here in Collier County, and that all hinges on the health, safety, and welfare of the citizens here. And I don't want to be tied up in some kind of a legal battle sometime down the road stating that, oh, by the way, since we purchased this property, you can no longer access this property with a road that will continue on to serve the people in the estates area. So I guess that's where I stand on it. I need to have something that's very concrete, that if we did go ahead with this, that we have the ability to go in there and purchase some right-of-way. Because when I hear the word high environmental value, then I get concerned that we may run into a problem where we can never access a right-of-way on the northern end to put a road through in the future. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, let me ask you a question, Alex. MS. SULECKI: Okay. COMMISSIONER FIALA: Rather than just designating it as sending, if we purchased it through Conservation Collier, then it would be properly maintained. Am I correct in that assumption? MS. SULECKI: Yes, because we would be managing it. COMMISSIONER FIALA: Good. MS. SULECKI: It's not being managed now. COMMISSIONER FIALA: I knew that was your answer, but I just wanted to put that on the record. So then I don't see why we can't buy the property with the understanding, it's written into the purchase price that we will then sell Page 90 September 27,2005 off, at a fair market value to our transportation department at some point in the future whenever they need it, the portion to build this road if, indeed, that's where it's going to be built, for fair market value, and that money goes back into Conservation Collier for future purchases. MS. SULECKI: I would be totally comfortable with that because it's not the position of Conservation Collier to stand in the way of future infrastructure needs in this county, and that is the reason why we're bringing the exceptional ordinance -- benefits ordinance back to you to address that very issue. COMMISSIONER FIALA: How does that hit you? COMMISSIONER COLETTA: In other words, write it into the COMMISSIONER FIALA: Write it into the agreement that we'll purchase this property with the proviso that at some point in time if transportation department wants to buy, if that's where they're going to, indeed, put a road, and we're hoping that they will, that they can purchase that property and it can -- that -- but at a fair -- not at a dollar, but at a fair market value, so that then that money can go back into Conservation Collier for other purchases. COMMISSIONER COLETTA: Yes, I like the idea, the only thing is, we still haven't resolved the fact whether it's going to be Conservation Collier or we're going to be looking for the -- making it into sending lands. COMMISSIONER FIALA: That's the first thing I talked about was, if by having Conservation Collier purchase the property, then it will be under the maintenance program so that we'll have all the exotics cleared off and it will be properly maintained. So I want to purchase it. So, in fact -- oh, we have another speaker, don't we. CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: I'm sorry. CHAIRMAN COYLE: We have three more speakers and Page 91 ,.,..,.,..""",,-.- "'--.- September 27, 2005 Commissioner Halas wants to speak. He hasn't had an opportunity because some of the other commissioners have been talking so much. COMMISSIONER HALAS: My concern -- and the -- I don't believe my question was answered, in that we need to have case law. And I want to make sure that the -- all of our options are open, if we purchase this land, that we can get -- acquire the right-of-way at a reasonable cost to the taxpayers to put a road through that property. MS. SULECKI: Can I add one thing to that? COMMISSIONER HALAS: Yes, please. MS. SULECKI: Hopefully answer one part of that. COMMISSIONER HALAS: Yes, please. MS. SULECKI: I did learn something when I met with the other staff about the exceptional benefits ordinance, and we talked about greater than a one-to-one benefit for the program. And what I learned was that even at that rate, better than one-to-one, the county would actually be saving money because it costs a lot of money to condemn road right-of-way. So it actually provides a little bit of benefit there. And we might want to look at Palm Beach County, because that's where we got our -- the basis for our exceptional benefits ordinance, because they had this issue over there, and this is the way they've dealt with it. So it seemed like a very good way to present to you to deal with this. COMMISSIONER HALAS: Even though it has a rating now of a high environmental value? MS. SULECKI: I don't believe that, whoever owned, that would change if you were going for road right-of-way. Would it? COMMISSIONER HALAS: I don't know, that's why I want this addressed now so that we have an understanding so that when all of a sudden, if something happens down the road five or eight years from now, all of a sudden somebody comes in and says, you can't put a road through there because it has a high environmental value on the Page 92 September 27,2005 northern fringe of that. MS. SULECKI: Well, the exceptional benefits ordinance, what that will do is provide a method for you to evaluate whether this is definitely necessary, whether other things have been tried, to mitigate. Avoidance and mitigation is basically it. And then the decision is actually up to you as the county commission under that exception benefits ordinance once those things have been satisfied. So I don't -- I don't see that really as a problem. If that road needs to go through there, that's what the ordinance is designed to do, to enable that. COMMISSIONER HALAS: And that will be based on case law, right, probably from Palm Beach, if we -- MR. PETTIT: Commissioner, again, Mike Pettit for record. To my knowledge there's no case law on these issues. You need to understand we're dealing with a -- unique ordinances. We have our own ordinance there are no cases -- there have been -- case law arises from litigation. There have been no litigation on the county's Conservation Collier implementation ordinance. COMMISSIONER HALAS: I'm talking about Palm Beach, since we're going to basically craft our ordinance from what we've read about Palm Beach. MR. PETTIT: To my knowledge there is no case law on that ordinance either, however, I will run another computer check to see. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: Okay. We have three more public speakers. MS. FILSON: Actually, I only have one. CHAIRMAN COYLE: The others probably got tired of waiting and left. MS. FILSON: Brad Cornell. MR. WEEKS: Mr. Chairman, if I might, while the speaker's coming forward. David Weeks of your comprehensive planning Page 93 September 27, 2005 department. I just wanted to correct one statement. Sending lands do not allow a golf course. Those are limited to neutral and receiving. Thank you. CHAIRMAN COYLE: Thank you. Brad? MR. CORNELL: Hello, Commissioners. Brad Cornell, again, on behalf of Collier County Audubon Society, and I wanted to agree with Nancy Payton about the need to redesignate this as sending; however, I also want to -- and we have the study that has been completed. You've already discussed that, so I think there's plenty of support and data that indicate that that's what we need to do. However, we need to more immediately respond to the proposal to purchase this for Conservation Collier, and Audubon recommends that you do purchase this, because our understanding is that there is a great likelihood that this would be sold to a developer or somebody else who was not going to take this as conservation land, at least as the primary purpose or land use. And I think that it's a wise investment for the program and for the people of Collier County and for the resources that are there, as you've already noted, are high environmentally valuable resources that Conservation Collier purchases. I think the access issues, we have heard Alex and Mike Pettit and others opine that they are solvable. We have -- and Commissioner Fiala presented one scenario. I think that those are very reasonable ways to go about -- this exceptional benefits ordinance should provide the means to evaluate how we would do this, and I think this would be a wise purchase. CHAIRMAN COYLE: Okay. Thank you very much. We have one minute to wrap this up. Commissioner Fiala, can you do that? COMMISSIONER FIALA: I'd like to make a motion that we purchase this property with the clause in the purchase agreement that Page 94 September 27,2005 if at some point in time the transportation department wants to buy this property, we will, indeed, sell it to them at fair market value, and that money will go back into the Conservation Collier till to be used to purchase other property. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. The second by Commissioner Halas. And there's discussion. I would like to point out a couple of things. You cannot, I don't think, specify fair market value because if there's going to be an exception benefit to Conservation Collier, it will be something other than fair market value, it will be an -- COMMISSIONER HALAS: My second reflects that. You're absolutely right. CHAIRMAN COYLE: Okay. Now, the other thing I would like to emphasize is that we're talking about an entire section; 640 acres last time I counted. MS. SULECKI: Sixty-five acres. CHAIRMAN COYLE: No. Section 24 consists of 640 acres. And you're talking about 65 acres, right? MS. SULECKI: Yes, sir. CHAIRMAN COYLE: So there's 585 acres left there somewhere. So although you devise a way to get access through this small parcel of land, what happens on either side of this small parcel of land? That has not been resolved and we cannot resolve it now. So my position is that I don't know how I can support this because it has not resolved the issue of the road extensions really because you've got more properties to have to deal with than just this one, if I understand this correctly. But more than that, if you designate the entire section 24 as sending areas, it appears to me that you get the environmental protection you're -- you're wanting to get without spending over $2 Page 95 September 27, 2005 million to get it. You're doing it through zoning, and zoning which is essentially based upon sound science, I would guess. So that's -- that's my -- my feeling on this issue, that I think it would be unfortunate to spend $2 million on purchasing a piece of property to preserve it when, in fact, we might be able to preserve the entire 640 acres without spending a penny. MS. SULECKI: We would not at that time have public access, so we wouldn't have a place for the public to go hiking, and that was one of our criteria. CHAIRMAN COYLE: Well, you know, I guess so. But I'm not sure I'm willing to pay $2 million so somebody can go hiking, you know. There are lots of places where people can go hiking. But nevertheless, Commissioner Henning? COMMISSIONER HENNING: Commissioner, what bothers me is, we're not knowledgeable of land use, and particularly the fringe, when we're going after properties, and it's my understanding, even the amendments that we just did, Commissioner, the TDR amendments is preservation, restoration, and access. There will be access. Properties, if they're given to a government agency, and including Collier County, why wouldn't we want to give access to the people, limited access to the people if it's sending lands, if it's in our hands? Why wouldn't we do that? I don't understand. I think we've got a lot of priorities. I think the charge was to try to preserve as much sensitive lands in Collier County that can be built on. And this piece, to me, when it has cockaded woodpeckers on it, is going to be a real challenge trying to get it through Nancy Payton and Brad Cornell to make that happen, and I can understand that. That was our charge in the fringe, is to save good uplands for native species. It's going to happen. I'm not going to spend $2 million when we have on our plate other top priorities and we can get more land. I'm not going to support Page 96 September 27, 2005 the motion. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I would, at some point in time after we discuss this, like to have brought back, possibly designating all of that land as sending land. I don't know how -- you know, what lawsuits are involved, and that's what I'm concerned with here. You know, what kind of lawsuits we would be facing by doing that, but I think we need to address that. MR. MUDD: Commissioner, you talked about the sending lands and the study that was done. From what I understand, that will be designated as a sending land in the EAR-based amendments that you will see as we're going through it. And you've seen the EAR-based amendment list that Joe has provided as to how this lays out over a 12 to 14 month period of time. So you're going to basically talk about transmitting that in September of 2006. But David, if you could help me here a little bit. MR. WEEKS: Sure. Again, for the record, David Weeks, Comprehensive Planning Department. As the County Manager just stated, we do intend to bring that to you as part of the EAR-based amendments, section 24, to be redesignated as sending, so that's just a matter of -- that's on our plate already. We will bring it to you. As you're well aware, that study, as has been discussed, was mandated, it's been done, and it does show the value that's there. I also wanted to point out that even when property is designated as sending lands, there is still some development potential there. One dwelling unit per 40 acres, granted it's minimal, but also it allows agricultural uses consistent with the Florida Right to Farm Act. So just simply because a property is designated sending does not necessarily result in its protection. And as you're aware, you recently adopted -- well, today you adopted into the LDC the TDR bonuses. One of those bonuses is the restoration and maintenance. You get a bonus for doing that. If someone chooses not to opt for that bonus, Page 97 September 27,2005 then presumably that property is not going to be maintained. That's the real distinction. The flaw that we saw in the sending lands designation as part of our TDR program was that, on the one hand, we limited uses on those properties, but we did nothing to ensure the viability of that habitat. For example, the natural fire regime, the removal of the exotic vegetation such as Melaleuca, Brazilian pepper, et cetera, restoring hydrology. So that even though a property might have a good habitat value today, if nothing is done to maintain it, then that value may decrease over time. And that's the main point, is the sending lands designation in and of itself does not ensure the long-term protection of the property. COMMISSIONER FIALA: Okay. My motion stands. CHAIRMAN COYLE: Okay, good. Thank you very much, David. Okay. I'm going to call the motion. We don't have any more public speakers, right? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HENNING: Aye-- COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? Aye. COMMISSIONER HENNING: Aye. Oh, I'm sorry. I'm sorry. I need to get -- CHAIRMAN COYLE: I think is passes 3-2, with Commissioner Coyle and Commissioner Henning dissenting. And with that, we're going to break for lunch. Thank you very much. MS. SULECKI: Thank you very much. Page 98 September 27,2005 CHAIRMAN COYLE: We'll be back here promptly at one p.m.; one p.m. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. Thank you very much, County Manager. We have a time certain item at the present time? Item #9E DISCUSS REDARDING THE TAKING BY EMINENT DOMAIN ACTION OF THE LAND CURRENTLY OCCUPIED BY CARIBBEAN GARDENS AND OTHER SUROUNDING LANDS THAT WOULD SERVE A PUBLIC PURPOSE - MOTION MADE TO BOND UP TO $40 MILLION AND LET THE TRUST FOR PUBLIC LANDS MAKE AN OFFER OF $59,913,333.00 FOR THE PROPERTY - APPROVED MR. MUDD: Yes, sir. That is item 9E, and that's to discuss the taking by eminent domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose and to provide guidance to staff, and that's an item that you wanted to talk about during this meeting. CHAIRMAN COYLE: Okay. Is Commissioner Henning going to join us? MS. FILSON: Yes. He said he would be here momentarily. CHAIRMAN COYLE: Okay. Very well. Then I would like to make a couple of introductory remarks, since this was placed on the agenda at my request. Now, there are lots of reasons why we want to preserve this Page 99 September 27, 2005 property that we call the Fleischmann parcel, and the Caribbean Gardens and zoo. And the process we have had to follow is in accordance with law, and it is highly inefficient and ultimately very expensive for the people, taxpayers of Collier County. The -- we believe that we have done everything possible to reach a conclusion in the purchase of this property to the extent of having three different appraisals, of course, having a referendum to get the taxpayer support on this process. But the property owner has shown no interest in negotiation. They have taken the position that the only appraisal that can possibly be correct is their appraisal, and their appraisal we believe to be flawed in many very substantial ways. And our staff has indicated that they believe that the property owner's appraisal is inflated, perhaps as much as 15- to $18 million. And that appraisal is based upon certain assumptions concerning densities which have not traditionally been granted by this board. It's based on getting permits such as building a bridge and a road across the Gordon River in environmentally sensitive property. That is problematic. And for these reasons, the value of the property appears to us to be greatly inflated. So we have reached the -- reached the point where the only remaining option appears to be eminent domain. Now, despite the representations in -- by some people and our newspaper, this has nothing to do with the very unpopular Kilo decision of the Supreme Court recently. There is no connection whatsoever between the actions we would contemplate, if, in fact, we do contemplate them, with that Kilo proceeding. Any eminent domain action which this board might authorize would be conducted in accordance with Florida Statutes, which have been on the books for many, many years and make it very clear that the taking of property for a clear public purpose is within the right of local governments. Page 100 September 27,2005 It is a fair process which is established under Florida law. It does not involve in this case the taking of any property from an unwilling seller. The Fleischmann family wants to sell the property. We want to buy it. The only thing that we have not been able to agree upon is the price, and therein lies the benefit to an eminent domain action because it provides for a determination of a fair price. It doesn't permit us to take it without consideration of a fair price. It merely says that if the two sides cannot agree upon a fair price, the fair price will be determined by a jury in a court of law, and the jury consisting of citizens. So this is a step toward trying to arrive at a fair pnce. And so, in summary, what I have put before the board for consideration today is to provide guidance to the staff to evaluate the eminent domain option for a portion or all of this property and present those recommendations to the board at a future meeting. There is not likely to be any eminent domain decision made here today because the board hasn't -- hasn't -- or staff has not presented the appropriate information to the board. So it's merely a request to provide guidance to the board -- or to the staff to evaluate the option and bring back to us appropriate recommendations concerning the eminent domain option. So with that, if commissioners -- Commissioner Henning? COMMISSIONER HENNING: Commissioner Halas was first. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Chairman Coyle, I would like to extend an olive branch and try one more time to see if we can address this issue in a manner in which maybe the Fleischmanns will reconsider. I'd like to put a -- throw something out here to the board that we up the ante to $59 million, and I believe that's what the county attorney -- or excuse me -- the county manager had said in the prior Board of Commissioners, that we would be closer to what the third Page 101 September 27,2005 proposal was, and I believe that 59 million also was based on the appraisal by the Fleischmanns. I would like to try one more time to see if $59 million may be the deciding factor where at least we can start to negotiate, and I'd like to throw that out there. Before we get into eminent domain, I feel highly responsible that we need to make sure that we look at all aspects here as far as property rights. I understand exactly where you're coming from. I think it's a great idea to pursue this, but I'd like just one more time to see if -- I believe it's $59 million, if I'm correct -- 59 mill -- almost $60 million. Let's round it off to $60 million and see if we can start negotiating. I think that would help alleviate the problem, because I think if we get into eminent domain, then we might lose some of our capabilities of acquiring funds to purchase this property. And that's all I have to say at this point. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: And it's my understanding they're not going to take less than what their appraiser offered. Maybe a compromise is offer them the amount which is recommended. But Commissioner Coyle has made a great observation. It's getting down where, you know, where we're extending an olive branch, what we think is more than fair except for the family doesn't want to negotiate. They have a bottom line. I think that we can do a parallel, Commissioner. And your observation is correct, that we have to do this out in the open to where the family doesn't have to do that, any discussions they have. So it puts us in an unfair advantage, but there's no reason why the county attorney, with the assistance of the county manager, can't give us information about the eminent domain and what -- the cost of those eminent domains, to each individual commissioner. Therefore, if they don't accept the 59 or almost $60 million, that we still have another consideration with all of our knowledge of what Page 102 September 27, 2005 it's going to cost that we go through the process of eminent domain. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Commissioner Halas is going in the same direction I was thinking of going, offering the olive branch one more time. And my figure, in my head, was 62 million, like splitting the difference between two. But I'd go along with his 60. But I figured 62 million, and I tried to figure out how much money that we could get from all of our sources to make sure that we can substantiate a $62 million figure. You know, money coming from the different grants that we could obtain, as well as Conservation Collier, transportation, South Florida Water Management District, Big Cypress Basin. Anyplace that we could get the money together so that we could buy this and we could show the taxpayers that we've done it with monies that we've been able to obtain from outside sources, not take any more from the 40 million that they approved us to buy, and at the same time that we're doing this -- and I thought of the 62 because I thought that was closer to their figure -- possibly they might accept that. But at the same time, have our county manager and our county attorney explore eminent domain possibilities and explain all of that to us. I don't understand anything about eminent domain, and I'd need it to be explained at length. But this way then we've got a second option there waiting in the wings in case they don't care for the $62 million figure. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Well, I have great concerns over this direction of going for eminent domain. We do it all the time. We take the right-of-way for roads. Generally we can't reach an agreed purchase price with the property owners, and so we go to court and we have to pay for their appraiser, we pay for their attorney, we pay for their court costs. Page 103 September 27, 2005 And when the day ends, we generally have spent a lot more money than what it would have cost us any other way. But going back to the actual cost of the property, the reason the property is so expensive, let's be honest about it, the public hysteria out there to buy it regardless of any price. If you were the Fleischmanns and you were sitting back and you were listening to all the people out there saying, regardless of the price, buy it, you'd say, well, what's the very highest possible price we could get based upon the biggest allowable use that we could get from the Collier County Commission. And based upon that, probably their estimate is pretty darn close. And Commissioner Coyle said it before about the fact that what they are basing their price on, it would never happen in realty. I mean, there's just -- even -- every development that takes place out there, a PUD, we'd hold them down as far as the amount of area they can occupy, we're very restrictive as far as the height. There's tremendous amount of restrictions that the public demands that we do, plus we also expect that there's going to be a public benefit. So in reality, when we get down to the reality of the situation, you know, who is going to buy that property and think they could ever develop it at that price when they have to come back through all the permitting agencies, including the Collier County Commission? I don't think there's any basis for the price they're asking. I even question the $57 million, or $59 million, whatever we're talking about today. Also, we are committed for 40 million, absolutely, 100 percent. But we've got to keep in mind, other than possibly some grant money, the other money that's coming from the other governmental authorities out there is money that's either been allotted for other purposes or coming from a reserve. So it's not exactly free, unincumbered funds. So at all times when we're making our decisions, we have to keep this all in mind. Page 104 September 27,2005 CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: My concern is, when we get into eminent domain, I look at that as, it has to deal with the health, safety, and welfare. And I think that if we do go that process at this point in time, this may be tied up in litigation for anywheres from two to four years. And if we can cut our costs now, let's try one more time to see if we can have the other side -- hopefully we can move them off of the area in which they are standing at the present time, and see if we can go forward. I think that we're going to tie this thing up. It's going to cost us a lot more than the 67 million. Let's see if we can come to a gentlemen's agreement and a lady's agreement in regards to this. CHAIRMAN COYLE: I think this discussion is a perfect example of why the government cannot strike a good deal in the market for acquisition of property, because we're always in the position of making offers publicly and demonstrating our weakness in our ability to make a decision, a business decision -- COMMISSIONER HALAS: I agree. CHAIRMAN COYLE: -- to move forward. So we have -- we really have a choice. We can -- we can do one of two things. We can acquiesce and provide the buyer whatever it is they want to charge us, or we can use the tools that we have available to us to try to get a better deal. There is no likelihood, in my opinion, that the legal costs associated with this acquisition will approach anywhere near the $15 million over-valuation of this property. I think there are many good reasons to demonstrate that we should not be wasting taxpayer money, that we can, in fact, achieve our objectives in a better way. But if the majority of the commissioners would prefer to acquiesce, I mean, after all, what have we done so far? COMMISSIONER FIALA: We've done it all and they've done nothing. Page 105 September 27, 2005 CHAIRMAN COYLE: And already you're saying, we're caving in again. You want to throw some more money at them. And then what they're going to say is, why bother? We'll just wait a few months and you'll throw some more money at us because they know you don't have the courage to stand up and take the action that is available to us. COMMISSIONER FIALA: Let me just jump in. I know that somebody else's button is on. Courage isn't the point here. You could have all the courage you want, but we just do not want to lose that property, period. That's so important to us. When will we ever have an opportunity to buy 166 acres right in the heart of town again? It doesn't take courage. We just don't have anybody negotiating with us. So it's either, do we want to bite the bullet or do we not, I think. CHAIRMAN COYLE: Well, no, you've got some options. You're not going to lose the property if you proceed with eminent domain. There's no way you'll lose it. If you proceed with eminent domain, you will buy it. The only thing -- COMMISSIONER FIALA: You mean eminent domain, just a piece of it, like you're talking about with the zoo, if they said they'll only sell the whole property? CHAIRMAN COYLE: Yes. You can eminent domain any portion of it you wish, but there are consequences, and that's why we've asked -- or I would propose we ask staff to take a look at this and advise -- and advise us and provide us some guidance on it. But, yes, we can do that, but there are some counterclaims and potential penalties associated with doing that. But the point is, that it just defies logic, as far as I'm concerned, why anybody would want to say, you've refused to negotiate with me so far, so I'll just throw some more money at you and maybe pretty soon we'll settle in a price of 67 million rather than of 67.5. So I just -- it is completely illogical to me. But Commissioner Henning wants to say something. COMMISSIONER HENNING: Yeah. I think your analogy is Page 106 September 27, 2005 correct. But what do you think about putting this on -- just on a parallel track? Just get the information and still show some good faith that we want to negotiate with another offer? CHAIRMAN COYLE: Well, I think it's very -- yeah, I thinks that's very clear. You see, we will not reach a point of eminent domain until this board meets again in a public meeting and says, we're going to file the papers. That will be a month away, maybe two months away. And, of course, any seller who is reasonable would apparently evaluate their exposure and come back to with us an offer to sit down and talk. But why would they do that if we're just going to throw money at them up front? You know, it makes no sense to me. COMMISSIONER HENNING: Okay. You're not asking us to take action on this -- CHAIRMAN COYLE: No, absolutely not, no. COMMISSIONER HENNING: -- today, and that's what -- I'm just saying, I think that we need some more information on it, but also, for the public -- COMMISSIONER FIALA: Well, you're saying the same thing I said before, offer them 60 million or 62 million, but start figuring out how we can -- if they don't want to negotiate with us -- COMMISSIONER HENNING: We don't have a majority of it, and I'm -- I'll tell you, I know what Commissioner Coletta -- Commissioner Coyle is doing. He's very good at what he does, and I think that we should consider what he's saying and -- but still offer them another offer. COMMISSIONER FIALA: Any offer -- so actually that's what I said before, go -- COMMISSIONER HENNING: You and I are on the same page but nobody else is. We're sitting over here by ourselves. But you need a majority. COMMISSIONER FIALA: Okay. But we're both saying pursue Page 107 September 27, 2005 eminent domain information, getting it back to us? COMMISSIONER HENNING: Right. COMMISSIONER FIALA: But offer them a different amount? Okay. Then we are on the same page. CHAIRMAN COYLE: You defeat the entire purpose. You defeat the entire purpose. I mean, already now you have said, yeah, we're willing to pay 62 million for this, so we go into court and try to argue 52 million, we're sunk. We're dead. You've already undermined our strategy. So if you -- COMMISSIONER FIALA: See, that's the problem with being in the public, because you can't really do what you're talking about. CHAIRMAN COYLE: Look -- you see, that's the point of eminent domain, because once you get into eminent domain, we can have executive sessions and talk about this. Why don't we just offer them 67.5 million and get it done? COMMISSIONER HENNING: There you go. CHAIRMAN COYLE: We're not going to get anywhere with this. It's -- you know, we've -- okay, go ahead. COMMISSIONER HALAS: I was -- I just wanted to explore, Chairman, what you put forth in regards to the 40 million. And I assume that you were just looking at purchasing the zoo and possibly some other lands and not buying the -- the whole piece of property; is that correct? Am I understanding that maybe holding the price down to a total of $40 million, and -- CHAIRMAN COYLE: I can tell you right now that I don't believe we can support a price of $40 million for the zoo. I don't think the zoo is anywhere near that value. I think you're talking about substantially less money for the zoo property. COMMISSIONER HALAS: Then maybe what we need to do is decide what we want to carve out of this thing and see if -- I know there's some sensitive lands that we also would like to acquire -- and go back out there and look at the price of just the zoo and maybe a Page 108 September 27, 2005 little bit of adjoining property and the sensitive lands and see where we can get, to see if we can get a lot closer to what we originally thought about -- that the voters approved of. CHAIRMAN COYLE: Well-- COMMISSIONER HALAS: I'm afraid that if we go to eminent domain, that we're going to go through a whole crisis here again of going out and getting estimates and as -- the longer this carries on, the price tag is going to continue to accelerate, so that's where my concerns are. And I'm just -- you know, here we are in an open discussion in the sunshine. Yes, it puts us at a disadvantage. But, you know, we've got to look at all these different options. I wish we could talk. We don't have the ability like the legislature does up in Tallahassee where we can go behind closed doors and talk about this. We have to bring it out in the open. So I'm just trying to figure out Commissioner Coyle -- where his thought process is so maybe all of us can come to some type of agreement. And the only reason that I opened this discussion up is because we know that this thing is really not going anyplace, and I was just hoping that maybe with the olive branch there, that we could do something, and I don't know -- at this point in time, I'll just be quiet and see where the chairman is leading us to. CHAIRMAN COYLE: It's like herding cats. I'm not leading you anywhere. Commissioner Coletta? COMMISSIONER COLETTA: Meow. Well, this cat is in agreement with Commissioner Halas. I think that we're talk making -- we're going down the wrong road with the idea of eminent domain. I don't think that's going to get us where we need to be at the end. It's just going to cause a lot of heartbreak, plus going to lose the ability to tap into that grant money that's out there that -- what was that foundation that was going to do the work for us, Community Trust? Page 109 September 27, 2005 MR. MUDD: The Trust for Public Lands, sir. COMMISSIONER COLETTA: Trust for Public Lands, and I believe that they were going to withdraw any support if we were going to follow the condemnation. MR. MUDD: Sir, I got a letter yesterday that basically said that they withdraw support because they have a -- they have a bylaw in their charter that basically says that once you get into the eminent domain actions, that they must withdraw. But they did say in their letter that they would be willing to -- if that action should pass or whatever, that they would come back and they'd be willing to work with us again. COMMISSIONER COLETTA: And I commend Commissioner Coyle for trying to find another avenue to get the people to the table to talk about it. But I think Commissioner Halas has got the right idea. We've got a limited number of funds to be able to work with. Possibly it wouldn't be the worst thing in this world if we bellied up with a developer and realize exactly what we need as far as lands in the back, the zoo, and see what could be done where we could take our 40 million and a little bit of money out there that everybody else is willing to put in, and make it work. I don't think we need to empty our treasury or everyone else's treasury out there to make this happen on a whim. I think it needs a little more planning behind it, I really do. MR. MUDD: Commissioner, if you -- CHAIRMAN COYLE: There doesn't seem to be any support for eminent domain. I think that -- MR. MUDD: Well, Commissioner-- CHAIRMAN COYLE: -- we may as well proceed with some other alternative. MR. MUDD: Well, if you're going to make an offer that's above the last offer that you made, which was -- Page 110 September 27, 2005 COMMISSIONER FIALA: Fifty-six million dollars. MR. MUDD: -- fifty-six million dollars, you need a supermajority vote from this board, okay. CHAIRMAN COYLE: Well, then -- I'm not making that motion. But I think -- I think we have already just sealed our fate on this issue, and I think I know where we're going to go ultimately and it's -- COMMISSIONER HALAS: Tell us. CHAIRMAN COYLE: You're going to pay $67.5 million for it if you want it or you're going to lose it. That's what's going to happen. Commissioner Fiala? COMMISSIONER FIALA: Yes. So then let's discuss amongst us. Do we feel that even though we abhor the way this has been going, we all agree we don't want to lose the property. Do we want to bite this bullet and give these -- I'll skip the words that I want to say there -- people what they're -- what they're asking, even though they're burning us badly, to keep this property within our community for our future generations to enjoy? Do you want to go ahead and do that and pay the full price as Commissioner Coyle just said? CHAIRMAN COYLE: That's -- they have representatives sitting in this audience right now who are going to go back and say, these people will pay you $67 and a half million because they will not pursue other options. That's what they're going to tell them. I've got a couple more. Commissioner Halas? COMMISSIONER HALAS: Well, the end result is, what kind of a value do we put on this property 20 years from now? If we end up giving them the full payment -- I'm hoping that the Blue Ribbon Committee has raised some public funds on this also because that was one of the areas that -- that I stated early on that, and I would hope that the people who represented the Blue Ribbon Committee put together a packet to raise money to put this on the ballot, and I was hoping that they would raise funds to offset the cost. When we look at this property, it's very, very expensive, and wen Page 111 September 27, 2005 need the support of the public also. We're going to dig and find out exactly how -- where we're going to acquire the funds. We also need the public to get adamantly involved in this and come forward with some funding also. I think it would behoove the whole community to get involved in this process. Since everybody wants to save this property, let's everybody step up to the plate. It just can't be put on the shoulders of, quote, the government. It needs to be put on by the private sector also. If you look at the price of the property today and you come back 20 years from now, people are probably going to say, you know, that was the greatest buy we made, even though it cost us an arm and a leg today. And I'm really pleading with the people out there. I know there's people out there that are devoted to saving this property. It's time that they come forward with money to help offset the purchase of this property. If everybody thinks that it's this important, then everybody has to get up -- everybody has to belly up to get to the funding of this. I think it's important. I think it leaves a legacy not only for the -- us, the commissioners, but it leaves a legacy on the whole community, on trying to save something. And I think it's -- and I think maybe that's where we need to go, and let's get this over with. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: It's hard to follow that. You know, you did a wonderful job of laying it out. There is a commitment on the part of the commission to do something about it; however, there's a financial responsibility to make sure that we don't put ourselves in jeopardy as far as our whole budget goes. We've got $40 million set aside for this particular project. Now, as Commissioner Halas mentioned, we need the other people to step forward in the community, we need to be able to find funds out there to cover the $27 and a half million shortfall, because Page 112 September 27,2005 the truth of the matter is, if we come back and we say, okay, we're going to be responsibility for all of it from Collier County government's side, that's not going to work. We've got a budget. We've got one of the lowest ad valorem taxes in all the State of Florida, and there's a good reason for it, because we're very, very careful with the taxpayers' money. Now, what are we going to do, go back into this budget and suddenly lop off a whole bunch of needed projects at the expense of the parks? Hardly think so. I wouldn't be in agreement to that. Still committed to the 40 million, but I would like to see the balance made up by the public and other entities. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: To answer Commissioner Fiala's question, there's no way that I'm going to allow somebody to fleece the taxpayers 67 -- over $67 million. So if it ever gets to that point, I'm not in, and I'm not willing to hold that property for 20 years to -- for it to catch up to that price of 67. When I buy a car or a steak or something, I'm buying at today's price. I'm not buying it at 20 years' price. There's no benefit there. So I don't see anything happening, and we need to move on. I'm going to make a motion that we offer 59 million and kick this can down the road, 59,913,333, and that's a motion. And like I said -- COMMISSIONER FIALA: I'll second that motion. COMMISSIONER HENNING: -- I'm going to kick it down the road, but you ain't going to see me going up there to buy it at 20 year prices from now. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Would you include in your motion the stipulation that the balance of the money over $40,000 will come from other sources? COMMISSIONER HENNING: That -- Commissioner, that really needs to be a direction by the Board of Commissioners. And if Page 113 September 27,2005 you think about it, we already stated that we're only going to bond the capability, a bond of $40 million, so we have to get it someplace else. That's -- I'm not -- I'm not going to put it in my motion. I don't think it belongs in this discussion. COMMISSIONER COLETTA: So where would the rest of the money come from over the 40? COMMISSIONER HENNING: The county manager has recognized some certain funds. Airport Authority, one, Public Lands of Trust. COMMISSIONER COLETTA: Would you include them in your motion? COMMISSIONER FIALA: South Florida Water Management. COMMISSIONER HENNING: South Florida Water Management. And Commissioner, you know, why don't we ask the -- part of my motion, ask the county manager to identify the funding sources? CHAIRMAN COYLE: Well, if I could interject something here. We don't have any guarantee of any of these funds. These are funds that have been talked about, and we can't put them in a motion because they're from agencies that are outside the control of government -- Collier County government. We know that we have identified a potential for a $10 million grant that's from outside sources, maybe $5 million from South Florida Water Management District, maybe $2 million for air easements for the Naples Municipal Airport. MR. MUDD: And Conservation Collier. CHAIRMAN COYLE: I'm sorry? MR. MUDD: And Conservation Collier. CHAIRMAN COYLE: And Conservation Collier has been willing to commit some funds. But I don't know how we put those in our motion. Go ahead. Help us out. Page 114 September 27, 2005 MR. MUDD: Commissioner, I think if you make the motion to make the offer and then direct the county manager to re-engage the Trust for Public Lands, I think -- I think it gets you over the hump on where you get the dollars. Because they will -- they will take whatever pieces they get and whatever they don't get, then they'll try to sell those outparcels to make up the difference. And if all those pieces fall into place and the grant shows up, there's no -- there's no guarantee on this grant. But if the grant shows up, then they've got those dollars, and if not, then they've got some commercial property on the periphery of that 166 acres that abuts Golden Gate Parkway and Goodlette- Frank Road that they can -- they can leverage. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I just want to finish my -- so I can get my comfort level. And thank you for helping with the direction on this, Commissioner Henning. The only problem is, is that when we make this motion, if it's open-ended -- and I understand where we're coming from with these monies that are out there, they're conditional. If we make the motion and they accept the offer and these other ones dry up, where does the money come from over $40 million? MR. MUDD: Commissioner, what the Trust for Public Lands will do is sell off parcels. COMMISSIONER COLETTA: Okay. So in other words, can we include in the motion that our commitment is $40 million and that we're working with -- and then you can put the language in there about the land trust? COMMISSIONER HENNING: I'm going to include in my motion, Commissioner -- this will satisfy you -- part of the motion is, we will bond up to $40 million. That's part of my motion. CHAIRMAN COYLE: If I could, let me -- let me try to explain to you where you're going here. Let's suppose you bond the $40 Page 115 September 27, 2005 million -- and I do appreciate Commissioner Henning's motion on this. It is constructive. But let's think down the road. Let's suppose there is not enough money from sources which we control to get the entire parcel, the entire Fleischmann parcel, but we do contribute the $40 million that we can bond. Now, what part of that property do we own for that $40 million and what is the price for that? Now, the Trust for Public Lands will have paid $67.5 million for the property. So now they're going to sell off the difference, and what are we going to wind up with? Is it $40 million we just paid for the zoo when we probably can get the zoo for 20 to 25? That's the path you're going down here, and it's a very, very dangerous path, because you're committing yourself to provide funding for something you don't own and you have no control over what part of it is going to be sold off to make up the difference for Trust for Public Lands. That's why eminent domain is a good idea. It gives you control. You know exactly how much you're getting and you know exactly how much you own for whatever amount of money the court determines is a fair price. So it is a very, very slippery slope, as far as I am concerned. But if this board will vote to pay the $67.5 million, which is the asking price for this property, I will bite my tongue and go home and ram my head in the wall for a few hours tonight, but I want to preserve this property, and I will do that, and that's, in my estimation, the only option you have left us. Commissioner Halas? COMMISSIONER HALAS: Again, in the discussion it's opened up even more ideas and it leads back to, if we do look at eminent domain and we say that we don't want to get involved in -- where we buy property that we later don't control because we have to end up selling it to payoff the debt because other entities that said they would come forth said now that if we get involved in this process, then we're Page 116 September 27,2005 going to pull back our funding. So do we say, okay, we want just the zoo and some portions of property? Are we willing to settle just on that portion and work on it? CHAIRMAN COYLE: You don't have to settle for anything. You can go after whatever you want with respect to eminent domain, and then you can deal with the remainder by negotiating a price, if there is such a price. But the -- you can go after the whole thing or you can go after a portion of it. In view of the fact that you only have $40 million that you can tap for making the deposit into the escrow account, you're likely to go after something less than the entire $67.5 million parcel. But that doesn't keep you from continuing to negotiate for the remainder. COMMISSIONER HALAS: Commissioner, where I'm concerned about, if we go the path of eminent domain, we may not have the opportunity to get the funding that's available now for us. Because as soon as we go down this road, there are some people who said that they are no longer going to be involved in this process. So my concern is, do we just go ahead and pay the full price, we're going to get the support of these groups, and then we've taken care of the issue, and we've got a Central Park? CHAIRMAN COYLE: Look at a different scenario. COMMISSIONER HALAS: Yes, sir. I'm open. CHAIRMAN COYLE: Let's suppose we go after as much as we can afford for our $40 million bonding amount that has been approved and the Trust for Public Lands goes after the remainder, which is not the subject of eminent domain. COMMISSIONER HALAS: I don't know. Where does that lead us, County Attorney? Can you give us some guidance here? MR. WEIGEL: I think so. Mr. Coyle is correct, that all he has brought forward today was a request to ask staff to bring back information related to eminent domain so that decisions, if desired, Page 11 7 September 27,2005 and direction, if desired, could be given at a later time. He has in capsulized form talked about the fact that the 67 and a half million for 166 acres has obviously certain ramifications, pocketbook ramifications with the county, including other sources of funding beyond the 40 million that's been authorized for a potential bond. He's also noted that there is a certain logic that buying less than the whole would seem to cost less than the whole, and that may leave some options in regard to funding. And you have noted, Mr. Halas, that some of the, call it, voluntary funding that may be available through grant or through other funding sources mayor may not be available if the county proceeds with eminent domain, and these would be part of the choices to be brought back for your determination if you wish to consider eminent domain at a later point in time or other aspects of negotiation. Negotiation and the concept of investigating eminent domain are not diametrically opposed. But additionally, other aspects that would be taken into account and be part of our report back to you -- and Mr. Coyle mentioned this very early in his discussion -- is that typically in eminent domain where a portion of property is taken -- and we do this all the time -- take portions of property, not entire parcels for other efforts --infrastructure efforts here, that there may be corresponding damages and other effects that come into play in a court of law beyond the value of the pure property that's being taken, obtained through acquisition by eminent domain. Additionally, alluded to here is the fact that we could be in court for a long time. Well, yes and no. There are two avenues of eminent domain that may be pursued. And again, this would be part of the report we'd bring back to you, but it's, I think, appropriate to mention now. One involves moving forward relatively, comparatively quickly, and you go to court and have a, what's called a quick-take hearing. Page 118 September 27, 2005 And if the court determines that it's in the public benefit, not health, safety, welfare, but public benefit for the acquisition of the property by the local government to occur, the court will, in fact, make that determination at an early hearing on that. It's a judge decision. And subsequent to that, sometimes a long time subsequent to that, will be when a 12-person jury makes a determination as to what the appropriate value is, because that's the contest that remains of what is the appropriate value. And more than one of you mentioned, I think, that, yes, there are other costs that come into play with eminent domain. There are statutory attorney fees and expert fees, things that come into play by virtue of the wisdom of the legislature which attempt to make it what they consider a fair playing field in the area of acquisition between a property owner and local government. And those things have to be reckoned with, and you do that almost every week, every board meeting, where you have to take into account expert witness fees and statutory attorney costs and things of that nature. With eminent domain, again, the report we would bring back to you, would attempt to identify risks, kind of a cost benefit analysis. With litigation -- we're interested in case law. With litigation one cannot usually divine, prognosticate, with exactitude what a result will be. Think of the recent Kilo decision -- which Mr. Coyle correctly indicates, is nothing to do with the county's concept here -- but the recent kilo decision with the Supreme Court of the United States, a 5-4 decision. What that tells you is that the most esteemed judges, the justices of the United States Supreme Court, even they look at issues differently. So it's very hard for counsel and very hard for people that are concerned representing stewardship of the taxpayers' dollars to know with exactitude what will happen in a court of law, because even Page 119 September 27, 2005 the best whose career is required to look at these things for the benefit of the whole United States Republic differ with these 5-4 decisions on difficult issues. I hope I've answered your question. CHAIRMAN COYLE: Commissioner Coletta? What do you think of that? COMMISSIONER COLETTA: Well, I think we're back to square one. I just want to say, Commissioner Henning, I support his motion, the idea of $40 million is what the county's got in. I think this is going to be the catalyst to have the community come forward. I haven't been convinced that eminent domain is the answer. CHAIRMAN COYLE: Okay. Commissioner Henning, would you restate your motion? COMMISSIONER HENNING: It's been too long ago, I can't remember it. CHAIRMAN COYLE: That's what I thought. COMMISSIONER HENNING: And I think we've got some public speakers, too. CHAIRMAN COYLE: Yes. How many do we have? MS. FILSON: Six. CHAIRMAN COYLE: Okay. MS. FILSON: Are you ready for them? CHAIRMAN COYLE: Let's bring them up, three minutes. MS. FILSON: Cary Gaylord. He'll be followed by Dexter Groose. MR. GAYLORD: Mr. Chairman and fellow Commissioners, I'm here on behalf of the Fleischmann Trust, and I've been engaged to represent them should there be any eminent domain action that the county undertakes. I came here to tell you a couple things that you all have already talked about, that it's an expensive process. It's the worst decision you can make with regard to taking a -- trying to acquire this property. Page 120 September 27,2005 My experience has been that I've tried eminent domain cases on behalf of owners in almost half the counties in Florida over 28 years, and your attorney is correct, you cannot predict the outcome of these cases. Although I agree that the Kilo case doesn't directly bear on this situation, what the Kilo case should tell you and the aftermath of it, is that just because you can do this doesn't mean that you should do it. And you can see the reaction that has occurred nationally to the decision in Connecticut. Now, in this particular case, if you choose to exercise the power of eminent domain, the family's going to fight you, and you're going to have an argument instead of an effort to work toward a conclusion here. And I don't think that that's what serves the interest of the people of Collier County. Now, somebody made the point about courage, that this isn't really about courage, and I wholeheartedly agree about that, that -- and what I'd like to do is, besides the points that I came to make today, I'd like to -- to speak with a voice that turns away wrath here. You're talking about characterizing people who own this property that have as much of a stewardship obligation to their family as you all feel toward the people of Collier County, and you've totally overlooked that, as far as I can tell. Now, you've -- there are things that you said and have said collectively in this meeting today that are inflammatory and there are things that you've left out of this process that the people here in the audience haven't heard. This family engaged people in the county and the Trust for Public Lands to try to determine scenarios that were reasonable for the appraisal of this property, and they discussed those, and they were told by people in the county that those scenarios were reasonable. If you choose to go forward in the eminent domain process, you're going to hear about all that in court as an admission against Page 121 September 27,2005 interest. And you haven't even talked about it today. You may not even know about it, to the best of my knowledge. But if you go forward in litigation, you're going to hear about it again. So what I'm telling you is that there was an effort on the part of these people to work with you and find a way to appraise this property and come up with a fair outcome. So I just want to encourage you -- there are people that would like to talk to you. If you don't -- if you don't back off from eminent domain, you're not going to have the ability to work with the Trust for Public Lands, and that's an important group to act as intermediary between the Collier County Commission and this family. Thanks. And I'll be glad to answer your questions. COMMISSIONER HENNING: Yeah. Who's working with -- is the family working with the taxpayers? I haven't seen that, so maybe you need to point it out to me. MR. GAYLORD: Well, there was a process, Commissioner Henning, by which the family trust went through an exercise to determine, what premises, should be considered in any appraisal. And my understanding was that they worked with the Trust for Public Lands, and they also worked with people from the county to come up with those premises so that all the appraisers -- all the people that were involved in the process agreed that the premises were reasonable and that they would be given to the appraisers and the appraisals would be based upon those premises. To that extent, they have worked with people from the county. COMMISSIONER HENNING: And that's as far as they're going to work with us? MR. GAYLORD: Well, I'm not saying it's as far -- I can't speak for that. All I can do is tell you that there has been an effort up to this point in time. And today you're here in this room talking about exercising the power of eminent to take this property away from them involuntarily. And I think that everything that's been told to you by Page 122 September 27, 2005 your county attorney is absolutely correct. If you chose that path, the outcome is probably going to be different than what you expect today. CHAIRMAN COYLE: You also told us that if we proceed along that path, that we will interfere in an ability to resolve this issue. MR. GAYLORD: There's no question about it. CHAIRMAN COYLE: Now, can you tell us what action is being taken to resolve this issue? MR. GAYLORD: Well, as of today or as of the point in time that you included an agenda item to discuss the exercise of the power of eminent domain, I think all that ceased. CHAIRMAN COYLE: Well, what was it, so I'll understand what action was being taken by the people you represent to resolve this? MR. GAYLORD: Well, there was an exercise to work with people to come up with -- people from the Trust for Public Lands. And, Commissioner, it was the county -- it was Collier County that appointed the Trust for Public Lands to act as the intermediary in this case so they were the authority that the family trust was supposed to work with here, and they have been working with them. CHAIRMAN COYLE: Can you tell us what the family trust has done either through the public lands or any other source to help reach a solution to this problem? MR. GAYLORD: What they have done is try to come up with a fair set of premises upon which this property should be valued, reach an agreement about what was fair in that regard, and then obtain a fair and reasonable appraisal to present to the county, and that's what they did. And then once the county received it, I believe there was then an effort to undercut that appraisal. So if you could put yourself, Commissioner, in the shoes of someone that sought to acquire your property, property that you owned personally, and handled the process the way that you've handled it so far, I believe your reaction would probably be the same Page 123 September 27, 2005 as the Fleischmann family, that you would react the same way that they have. CHAIRMAN COYLE: I've seldom seen anybody react that way, quite frankly, and I've bought a lot of property, okay? MR. GAYLORD: You've seldom seen anybody react the way you react? CHAIRMAN COYLE: No, the way you have described. The point is that there were four appraisals, and all of them were pretty much based upon the same set of assumptions, and they reached different -- MR. GAYLORD: I don't understand that to be the case. CHAIRMAN COYLE: They reached different conclusions. And one side has said that there cannot be an appraisal that is more accurate than mine. I find that to be a rather strange reaction. MR. GAYLORD: Well, Mr. Commissioner, there are things that I'm aware of -- and I'm going to choose not to rattle sabers today, but what you're saying is not exactly true. So -- and that's not the way the process developed. CHAIRMAN COYLE: Maybe you all didn't like us (sic). MR. GAYLORD: I will choose not to do that today. CHAIRMAN COYLE: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: Sir, I have just a couple of questions for you. As you know, the citizens were very much interested in acquiring all this property because we felt that it would benefit the community as a whole, and I mean by community, I'm not just talking about the City of Naples. I'm talking about all of Collier County. And the citizens decided that they would tax themselves $40 million to acquire this property. We have -- we might have been wrong in regards to what we thought the value of it was when we put the referendum on the ballot. Page 124 September 27,2005 My concern is, sir, is that we have stepped forward and we have tried to negotiate with you, but you have taken the hard line of not even addressing what we've put on the table and said, well, if you -- if you up it a little bit, we'll come down a little bit. There has been nothing in negotiating of this property whatsoever by your -- you or your clients, and we're very concerned about that. And we were hoping that we could -- you were stating earlier that all we're talking about today is eminent domain. If you recall, sir, one of the first things that I did after I got permission from the chair -- and I said, I would like to see if we could up the ante to about $60 million. Would that move the family into the realm -- the arena of trying to negotiate with us? MR. GAYLORD: Commissioner, I'm not going to respond to a specific offer today. I think that would be inappropriate for me to do that. COMMISSIONER HALAS: Well, I'm just saying, all I want you to do is say, we might be getting close to the point in time where you're willing to come to the bargaining table. MR. GAYLORD: What I will say, sir, is that your attitude and your spirit is bound to bear some fruit in this process, I believe, and I would certainly convey that. I think that -- you know, to the extent that I've heard respect for their position communicated today, I would go back and communicate that to the folks who own this property. And there certainly is a give and take in this process. I think that whoever said today that this is an awkward way to conduct negotiations is exactly right, and that's one of the reasons why the Trust for Public Lands plays an important role here. But it's not the only way to do business. You can work through your county attorney. And so -- it's a very difficult way to negotiate in the open, as you're having to do today. It's a tough way to do business, and I can understand the frustration Page 125 September 27, 2005 that you all expressed today. It would be tough if the family were in a situation and you had their -- access to their living room discussions as you were engaged in negotiations with them. It would be tough on them. But there is a way to do this, and you do it all the time. It's not -- you know, you reach a conclusion that your county attorney can recommend to you. And so you -- every single thing that's said and done is not subject to the public eye. But I'll tell you, my own personal opinion is, that whoever said today that you'd be better off paying their price, I think that was -- that was a very smart statement, because at the end of the day, at the end of two years from now or two years from now, if you look back on all that you'll go through if you choose to condemn it and you look at it through the lens of hindsight, it will look like it was probably a good idea to do that today or next week or the week after that. COMMISSIONER HALAS: All I'm asking you is if you would go back to the parties you represent, and if we make a decision today to up the ante, that at least we get some consideration and we bring you to the bargaining table so that we can get this taken care of without having to go through the process of eminent domain. MR. GAYLORD: Yes, sir. I'll absolutely assure you that I will do that. CHAIRMAN COYLE: Thank you very much. MR. GAYLORD: Thank you very much. MS. FILSON: The next speaker is Dexter Groose. He'll be followed by Ray Carroll. MR. GROOSE: Commissioner Coyle, Commissioners, my name is Dexter Groose. I've had the opportunity to spend a couple hours analyzing the Hanson appraisal. And as you said, Commissioner Coyle, they're -- all four appraisals are pretty much the same. They're based on the same assumptions. I find that the Hanson appraisal is not only flawed, but in my Page 126 September 27, 2005 opinion seriously flawed. It is interesting but fair and reasonable. Here's why. It's based on a two percent monthly appreciation of property values. Even for Naples, that's a little bit excessive. It means your property quadruples every six years. I think a one-and-a-half percent a month is much more accurate. The density assumptions in it are excessive, 1,000, 1,100 some units. If the densities are approved at just half those values, the property drops to about $25 million. It also compares land that is zoned for agriculture to other lands that are approved PUDs. If there's ever an apples to oranges comparison, that is it. Once you have a PUD, your land quadruples in value, but before you have that, it's not worth too much. And they cite -- in the Hanson appraisal, they cite four other developments from Lely to Miromar Lakes, a number of them. And that's how they come up with their $55,000 per unit, and that's how they come up with this 60 some million. They take 1,148 units at 55,000. Basically that's how they got there. Furthermore, it does not reflect the current FEMA flood zones. But the most obvious error in my opinion is that none of the four appraisals ever mentioned the close proximity to runway 32. You ever stay at a hotel at the end of Miami International Airport runway? I've stayed at one that was over a mile away, and, boy, it was noisy. Noise decibels of -- noise levels above 60 decibels are found to be annoying, according to the airport. That's when they get their complaints. The airport has observed 17 different aircraft that -- at three-eighths of a mile from the end of the runway with noise levels ranging from the mid-70s to as high as 93 for both prop and jet aircraft. These are all excessive noise levels. I don't believe that having a housing development under runway 32 is a high value neighborhood. I don't think it's worth the 67 Page 127 September 27, 2005 million, in my opinion. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker's Ray Carroll. He'll be followed by Penny Taylor. MR. CARROLL: Good afternoon. I'm Ray Carroll. I'm a citizen, I'm a Real Estate Appraiser here in Collier County, and I've had some -- little bit of involvement with the public in this matter. Let me just make some observations. I can tell that this is troubling for you, and I'm very appreciative of the fact that you're sitting there and I'm not. I appreciate that. I can tell that you perceive the strength of the public opinion behind the desire to acquire the property. It's obvious, and I want you to keep that uppermost in your mind, because that's what I was about some months ago. I think you have had good advice from your staff. A significant part of my appraisal practice is in eminent domain. I think you should find out what it means, particularly with respect to the timing and what is likely to happen to value over the interim period before you could even lock down a date. It may be something you want to pursue. My personal opinion is that it's not. But I think you should get the facts. I perceive that you want to go forward and that you want to satisfy the public. Again, my personal opinion is that some kind of partial taking or partial acquisition won't do that, and I think it is fraught with dangers. And then I return to my first statement, I appreciate that it's a struggle. I appreciate that you are obviously interested in staying engaged, and I strongly urge you to stay engaged. I think you're doing the right thing. When it's all said and done, I think this acquisition is very much like that of a family who isn't investing in a home as an investment, but as a place to live, a place that gives them quiet enjoyment, makes Page 128 September 27,2005 their life better, a place they intend to stay for the foreseeable future. When I see families make those kinds of investments, price is not the first consideration. It's that quiet enjoyment, it's the good things that come out of owning, and it is the 20-year horizon. Over a period of that long, the price you pay today doesn't matter as much as it does if you're really just talking about a dollar investment where you want to make money. I think the public sees it that way. Thanks again. We're all watching. MS. FILSON: Penny Taylor. She'll be followed by Richard Grant. MS. TAYLOR: Good afternoon. Some tough acts to follow here. They kind of stole some of my words, but not to say thank you so much for doing what you're doing. This is -- as an elected official, I can feel your pain. This is so difficult, and it's been so difficult from the beginning. To think that 14 months ago this property came on the market. And, to your credit, you said, we need to buy this, and you put it before the voters, and the voters, by 73 percent, every precinct in Collier County voted to buy this property. And then the appraisal that never came, that never came, that never came, and now this. So I give you a great deal of credit and certainly admire your stewardship of the taxpayers' money. I come before you today on behalf of the Blue Ribbon Committee. The Blue Ribbon Committee was formed 14 months ago, and you gave us a mandate. You said, 40 million is here. Where's the rest coming from? We have brought to you, the county manager has given those figures, anywhere from 18- to $28 million. The sources are from the airport, from Florida Communities Trust, from South Florida Water Management, from Conservation Collier. Weare dedicated to trying to get more sources. We haven't stopped working. But always with Trust for Public Lands involved there was a Page 129 .,- --~-' ---'~ September 27,2005 plan. Because there was a plan, what if, what if this day would come where we couldn't make the money match? Understanding that we didn't even know what the asking price was going to be. We didn't even know what the appraisal was going to be. How are you going to handle it? This is how we are going to handle it. We came with three scenarios, and I believe that -- Marla, so tell me -- this is it, right, the public/private partnership. And this is'the scenario we came with. If it turned out that the money wasn't there, Trust for Public Lands would be authorized by you to buy the entire parcel, and then you would say, the county has this much money, Trust for Public Lands sell off the other areas that will make you whole, and those areas are along Golden Gate Parkway and along Goodlette- Frank Road, not the zoo area, but certainly the commercial south of it. N ow I think we really don't want to do this. We never wanted to do this. Our ideas were always to preserve the entire parcel, especially for water management and for recreation, because a public/private partnership does restrict naturally the public's use of this property . Thank you very much. I just wanted to bring this to your attention. CHAIRMAN COYLE: Thanks. MS. FILSON: The next speaker is Richard Grant. He'll be followed by your final speaker, Andrew Dickman. MR. GRANT: Commissioners, thank you. My name is Dick Grant. As several of you know, I practice law here in town, but I'm here speaking for myself today. I wear a number of hats. I have been involved, not directly, in this property to be sure, but I was very actively involved with Conservation Collier. I was one of the officers of the pack that helped get it organized. I've been a member of the board of the conservancy for eight years. I was the chairman for the past two years. Page 130 September 27, 2005 I had a number of things I was going to say and I'm not going to say it because it would be redundant. Let me simply echo the support that others have given you. I would not want to be in your position. It's a very difficult challenge knowing how much the community as a whole wants to have this property acquired, but yet feeling the need to be proper and good public stewards, so I do not envy you. I thought I heard a little bit of an entree from the attorney here representing the Fleischmann Trust today. He certainly did not say that the trust would negotiate, but he certainly indicated that he felt some of the expressions today were positive and he would convey that back. Sometimes that means something; sometimes it doesn't. The other observation that I would make to you is that he noted, and I have heard this also, and I have no idea whether this is correct or incorrect, that, perhaps, not all of the appraisals have been based upon the same base line of entitlements. If that is not the case, I think everybody owes it to himself and herself to determine if, in fact, they are based upon the same base line, because if you're not, you're going to get different numbers. COMMISSIONER HALAS: That's right. MR. GRANT: I don't know how to resolve those things without people in good faith sitting down with each other face to face and simply talking to each other and asking questions, and I'm sure there must be a way that that can be done. So that's all I have say. I believe the entire property should be acquired. I think that's what the public wants. And thank you again for all of your hard work and diligence in this. Thank you. MS. FILSON: Your final speaker is Andrew Dickman. MR. DICKMAN: Mr. Chair, Commissioners, Andrew Dickman on behalf of the Conservancy of Southwest Florida. As you know, the Conservancy has been involved in this process for a long time, not only at the beginning when the referendum was coming before the public, which was voted on by a substantial majority of the voters, but Page 131 September 27, 2005 also in the planning and acquisition phase. Weare committed to this proj ect in a deep way based on our mission to preserve open space through conservation, to deal with stormwater runoff and the issues of environmental impact to the river and Gordon River and Naples Bay, and more importantly, to education, environmental education. That is the reason why we have been involved in this. And we would like to, in our sincerest effort, say to you, we appreciate the involvement that you have had, the difficult questions that have been before you. We specifically want to thank the chair for asking a very tough question today. It must not have been easy for you to come before folks and ask that question, because it is a very electric question, as you have seen today; however, all of you have an obligation to explore all facets of this, and that is the charge that has been given to you by the public, so we appreciate that. All facets do have to be explored, but we would ask that you continue this discussion of eminent domain for 90 days, put it on the table, perhaps ask your staff, Mr. Attorney, Mr. Manager, individually about this item, do not take a public action on the eminent domain, give the landowner -- I believe the attorney had mentioned that in good faith they are willing to look at negotiating again. Hopefully they will. We feel that going forward with an eminent domain action, even if it is publicly instruct the manager and the attorney to come forward with a public presentation on this, could electrify the situation. It seems that it would not hurt to table this item for 90 days, and individually, perhaps, explore this. And I believe several of you had expressed that path. And then finally, I would like to say that the Conservancy is committed to stay the course on this. Weare very, very interested, as I said earlier, in a Collier County, Fleischmann, Central Park concept, Page 132 September 27,2005 if you will, for a lot of reasons. It is a rare, rare opportunity. I think part of the facets are, you have to look down the road. This is a very difficult question. I believe everyone involved has felt your pain in having to deal with this in a public way. But once again, we would ask you to, perhaps, put this on the table in terms of the eminent domain and bring the parties back to the table with your legal counsel and your manager and try to come at this one last time. Thank you. CHAIRMAN COYLE: Thank you very much. Was that our last speaker? MS. FILSON: That's your final speaker, sir. CHAIRMAN COYLE: Okay, good. Commissioner Coletta, you had a question or comment? COMMISSIONER COLETTA: Well, comment, a little bit of a thought. CHAIRMAN COYLE: I'd like to get a motion here. Either kill COMMISSIONER COLETTA: You have a motion. COMMISSIONER FIALA: You have a motion. CHAIRMAN COYLE: -- this thing and get it out of here -- COMMISSIONER COLETTA: Well, not too quick. Commissioners Henning, if I may? COMMISSIONER HENNING: Sure. COMMISSIONER COLETTA: Your motion that you have on the floor, I think, is fairly well directed. Commissioner Coyle mentioned the fact, you know, it's very difficult to make sausage in front of an audience, meaning this negotiation, and everyone else seems to be in agreement. We're at a total loss. I mean, here we're going back and forth. We have the -- not our audience, but also the -- COMMISSIONER HENNING: What can I do for you? COMMISSIONER COLETTA: Well, what you can do, Commissioner Henning, is why don't we consider turning this right Page 133 September 27, 2005 over to the Trust for Public Lands, our $40 million, some stipulations of what we expect them to do, they know where the other funds are, they do the negotiations and report back to us where they are. COMMISSIONER HENNING: Whatever I could do to make you happy. COMMISSIONER COLETTA: That would make me happy. CHAIRMAN COYLE: Commissioner Halas? Then I'm going to call this question. COMMISSIONER HALAS: Commissioner Henning, just so that it doesn't look like we're penny pinchers, maybe you could just put it to 60 million, and we'd call that. COMMISSIONER HENNING: I'm a penny pincher. I'm going to keep my motion. COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: I'm a squeaky, tight penny pincher. CHAIRMAN COYLE: This will require a-- COMMISSIONER HENNING: Ask my wife. CHAIRMAN COYLE: -- supermajority vote. So we'll have to have four out of the five commissioners who support this. COMMISSIONER COLETTA: Are we for turning it over to the Trust then, to be able to let them do the negotiations from here on out? COMMISSIONER FIALA: With our amount of 59,913 -- COMMISSIONER COLETTA: No, no, with our amount of 40,000 (sic), and the idea being is that -- COMMISSIONER FIALA: Million. COMMISSIONER COLETTA: -- they go out and get the rest of it. That's what we committed to bond and all that. COMMISSIONER FIALA: The motion on the floor is to offer them 59,913,333. COMMISSIONER HALAS: That's correct. COMMISSIONER COLETTA: But it's also to bond $40 million Page 134 September 27,2005 from the county coffers. COMMISSIONER FIALA: Right. CHAIRMAN COYLE: No. If you're going to turn it over to the Trust for Public Lands, they're going to decide what the price is, not us. COMMISSIONER COLETTA: I agree. CHAIRMAN COYLE: Okay? COMMISSIONER HENNING: And they're going to come back to us -- CHAIRMAN COYLE: And want to make up the difference. COMMISSIONER HENNING: -- at the end of it. CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: So your motion still stands? COMMISSIONER HALAS: We ought to pull that motion and start over again. COMMISSIONER HENNING: Well, just like Commissioner Coyle said, and I agreed to accommodate Commissioner Coletta, everything that he wanted in there, is we're going to offer what you said, Commissioner Fiala. We're saying that we're going to bond up to $40 million and we're going to let the Public Lands for Trust (sic) negotiate the deal. COMMISSIONER FIALA: Okay. So that's the motion and that's my second. COMMISSIONER HENNING: Yeah. Is that how you understand it, Commissioner Coyle? COMMISSIONER COYLE: Well, I'm not sure it was. COMMISSIONER HALAS: My understanding it was the $59 million. CHAIRMAN COYLE: Okay. You're going to tell the public-- Trust for Public Lands that that's all they can offer? COMMISSIONER COLETTA: We might be able to get it for less. Page 135 September 27, 2005 CHAIRMAN COYLE: Right. Dream on. I don't know that we can do that. David? Very quickly. We need to get this thing over with. MR. WEIGEL: Well, I'll speak fast. CHAIRMAN COYLE: All right. Yes or no would be good. MR. WEIGEL: The only thing you have to keep in mind at this point is, are you a qualified buyer, and that's what Trust for Public Lands needs to know. If they negotiate -- if they negotiate a price, they need to know that the buyer can come up with the money. And if 40 million and the rest has to be cobbled together, typically in a buy/sell arrangement, there's a contract that allows some time for you to cobble things together, just as there is in a residential contract that comes up. So if they have that understanding, if they put together a price and come back to you to assure that you're a qualified buyer, then I think you'll be okay, or you can just make the offer of the 59 plus plus million, and that's the offer that's in the area for the Fleischmanns to consider. It's either/or, it sounds to me. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I guess we've got to get something clarified here. Do we keep the motion as it is, or do we pull the motion and re -- and refabricate the motion? MR. WEIGEL: Well, I thought there was a question as to whether the Trust for Public Lands would be involved or not. The initial motion did not include them, but there was discussion about utilizing them, so I was trying to clear that up for you. COMMISSIONER HALAS: Okay. And we've got the price tag of 59 million and nine hundred, or whatever it is. COMMISSIONER FIALA: Nine hundred thirteen, three, three, three. COMMISSIONER HALAS: So do we put that on the table, or we pull that off the table and start over at the 40 million bonded and then work up from there with the funds that are allocated? Page 136 September 27, 2005 MR. WEIGEL: Right. CHAIRMAN COYLE: Well, wait a minute. We've got -- the motion is what it is, right? COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: So we either have to vote on that motion or it has to be withdrawn, okay. Commissioner Henning, you want us to vote on that motion of 59.9? We can't do both, that is we can't-- COMMISSIONER HALAS: We can't do both, right? CHAIRMAN COYLE: We can't do -- make an offer of 59-nine and then tell the Trust for Public Lands that they're involved in the negotiations process. MR. MUDD: You have to say -- tell the Trust for Public Lands to make an offer of 59,913,333, and they will-- and they will go do that for you. CHAIRMAN COYLE: We can do that? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. Then Commissioner Henning's motion is perfectly acceptable. Okay. Now as I understand it, he is suggesting that we instruct the Trust for Public Lands to make an offer 59,913,333 and see where it goes, right? COMMISSIONER HENNING: (Nods head.) CHAIRMAN COYLE: Is that okay? And that's Commissioner Fiala's second? COMMISSIONER FIALA: Second, uh-huh. CHAIRMAN COYLE: Okay. Any further discussions? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. Page 137 September 27, 2005 CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And I think it passed unanimously. Is anyone opposed? (No response.) CHAIRMAN COYLE: Okay. I think we're going to get taken to the cleaners, folks. Okay. Thank you very much. MR. MUDD: Commissioner, Commissioner? CHAIRMAN COYLE: No. We're going to take a break. MR. MUDD: Yes, sir. CHAIRMAN COYLE: We're going to take a break; 10 minutes. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, will you please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. Thank you very much. Where do we go from here? Item #7 A ADA-2005-AR-7658, JOSEPH C. FULLER, P.A., REPRESENTING JOHN AND TERI PURVIS AND OTHER AFFECTED PROPERTY OWNERS REQUESTING AN APPEAL TO OFFICIAL INTERPRETATION INTP-2005-AR-7442 RELATED TO AN OFFICIAL INTERPRETATION REGARDING THE DEFINITION AND OPERATIVE PROVISIONS OF CERTAIN LDC TERMS PERTAINING TO "BOAT CANOPIES" - OFFICIAL INTERPRETATION UPHELD - APPROVED; STAFF TO BRING BACK DIRECTION FOR AL TERNA TIVES AND AESTHETICS RELATING TO BOAT CANOPIES - CONSENSUS Page 138 September 27,2005 MR. MUDD: Commissioner, this brings us to item 7A, and this is a paragraph on Board of Zoning Appeals. This item was continued from the September 13, 2005, BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's ADA-2005-AR-7658. Joseph C. Fuller, practicing attorney, representing John and T eri Purvis, and other affected property owners, requesting an appeal to the official interpretation INTP-2005-AR-7442 relating to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to boat canopIes. CHAIRMAN COYLE: Okay. We need to have everyone who is going to offer testimony in this hearing to please stand and to be sworn In. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank you very much. Now I'd like to have ex parte disclosures by members of the commISSIon. Commissioner Halas, any ex parte disclosure? COMMISSIONER HALAS: Yes, I do. I have meetings, correspondence, and e-mails, and I've also talked to staff on this particular issue. CHAIRMAN COYLE: And Commissioner Coletta? COMMISSIONER COLETTA: I have talked to staff and had e-mails. CHAIRMAN COYLE: And I have no disclosure for this item at all. Commissioner Fiala? COMMISSIONER FIALA: Yes. I had e-mails, I've spoken with staff. And when we talked about the subj ect previously, I went out to take a look at the area there where these boat canopies were used. Page 139 September 27,2005 CHAIRMAN COYLE: And Commissioner Henning? COMMISSIONER HENNING: I spoke to the county attorney on this issue. CHAIRMAN COYLE: Okay. Very well. Let's get started. MS. MURRAY: For the record, I'm Susan Murray. I'm the Zoning Director. And I believe David Weigel wanted to start out giving an intro. CHAIRMAN COYLE: Okay. Let's hear it, David. MR. WEIGEL: Okay. Well, you have had provided to you, as well as the representatives on behalf of the appellants, the appealing parties, their counsel, what we call an overview of the procedure that's here. You should have that document in front of you, and I'm just going to briefly walk through it. And that is that there will be a presentation. You'll note that there'll be a brief overview or explanation of the process generally, and this is where an interpretation has been requested or provided by staff to an applicant who has requested interpretation. And an appeal has come before you. You are familiar with this process, having been through it at least on one occasion or more before, a couple occasions before in the recent years. And your role here is to review -- review and listen to the testimony, starting with the interpretation that's been provided by Ms. Murray and any other facts and information that she has. You have an executive summary and backup documentation is there, which is part of your review process. And additionally, you will have the opportunity to ask questions during this procedure. The board's role here is to either agree with or not agree with the interpretation that Ms. Murray has created, responded to. And you can, in fact, either approve it exactly, you can disapprove it, and you can, in fact, modify and add your own interpretive comments as a collective board as to what you think the land development code issue and application is. Page 140 September 27,2005 Let's see. In regard to outcome for the -- pursuant to land development code, again, as I just stated, you can adopt the director's interpretation, rej ect it, or, in fact, modify. The legal basis of the adoption of the director's interpretation or rejection of the director's interpretation, there should be a basis, based on, one, your understanding of the law in the application to the facts at hand -- Patrick, if you need to jump in. Typically we look for a determination of the board to be based upon the competent and substantive facts and testimony that's before the board as they make an interpretation here. Patrick, would you explain the role of the public testimony that may come into play here? MR. WHITE: Certainly. Before we get to that -- Assistant County Attorney Patrick White. There's a limitation to some degree on the way in which the board can modify or reject the interpretation, and that's found in the LDC. And I'd just like to put it on the record that you're only authorized to modify or rej ect the interpretation if the board finds that the determination is not supported by competent substantial evidence, as Mr. Weigel's indicated, or that the interpretation is contrary to the growth management plan, future land use map, the code, meaning the land development code, or the official zoning atlas building code, whichever's applicable. In this instance the only one I think that's arguable applicable is the land development code, as none of the other provisions that are cited here are ones that are the subject of the interpretation. Turning to the explanation of the role of the public testimony, it begs the question of all the testimony you'll hear today and your discretion as to the weight you give to that testimony. Many of the staff people that you hear speak today are arguably testifying as experts on the matters that they will be speaking to you about, and that is distinguished from the notion that general members Page 141 September 27,2005 of the public speak to you as what are called lay witnesses. And it is to your determination the amount of weight that you give to those types of testimony. Arguably the standard here is essentially a balancing test of more evidence than not to support the point of view that you think is the one that is prevailing in the appeal process. Other than that, there may be some time limitations the chair may choose to put on the speaking by members of the public, and those are something I'd encourage you to discuss and decide amongst yourself after we've gone through this initial overview. And if you'd like me to wrap up with the last item, it is -- the determination today, because of the scope of this official interpretation, does not pertain to any type of a use provision per se, that a simple majority, a quorum, the five members present today, will be all that's required for a motion to hold. In other words, a three-vote majority will carry any motion. And I think, unless there are any questions, that ought to wrap it up. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Is this un -- presently is it under any litigation that we have to be concerned about? MR. WHITE: There's a suit that's been filed by a group of folks who, I think, may be some overlap in some of the same folks who are listed on the petition that was the subject of the appeal for the interpretation. But I believe that you're here acting in your quasijudicial capacity with respect to the issues that Ms. Murray was asked to opine about based upon the code enforcement director's questions, and they are fairly narrow. Now, what the scope of the litigation is, in terms of the remedies that are sought, the arguments that are raised, is probably much broader than the simple ideas that are, I think, before you for Page 142 September 27,2005 consideration today. There is, of course, again, some factual overlap, some legal overlap, but many of the things that you may hear from the appellant's attorneys today are arguably -- we'll have to wait to hear -- things that you really do not have any ability in -- under the eyes of the law, to make a determination about. F or example, if they were to raise an argument about constitutionality of the provisions that we're talking about, that certainly isn't within the scope of this body to render an opinion about, so -- COMMISSIONER HALAS: So what you're saying is we have a very narrow path to follow here; is that correct? MR. WHITE: Hopefully, yes, sir. COMMISSIONER HALAS: Okay. COMMISSIONER FIALA: Did he say we're in litigation right now? MR. WHITE: There's been a suit filed, yes. A complaint's been filed. CHAIRMAN COYLE: Okay. We're ready to go? MR. WHITE: Thank you. CHAIRMAN COYLE: Okay. Thanks, Susan. MS. MURRAY: Good afternoon. For the record, Susan Murray. I'm the Zoning Director. I'm going to give a brief overview of the request, which was -- official interpretation request, which was filed by Michelle Arnold, I'm going to give you a brief overview of the response provided by me, my official opinion, and then I'm going to walk through sections of the appeal that was filed by Mr. Joseph Fuller and Terry Lenick, and I will have some items to put on the visualizer as well. Michelle Arnold filed -- and Michelle Arnold, as you know, is the Director of the Code Enforcement Department. She filed for an internal interpretation, which is basically defined as an official Page 143 September 27,2005 interpretation between departments, on December 3, 2004, and that is located on page 10 and 11 of 88 of your agenda. I responded as the zoning director to Michelle Arnold on April 8, 2005, and a summary of that response is found in your executive summary. Part of the official interpretation request from Michelle Arnold noted that the Code Enforcement Department is investigating the existence of canopy fixtures erected over boat docks and lifts. She noted in her request for official interpretation that the building official has confirmed that these fixtures are structures under his interpretation of the Florida Building Code. And Ms. Arnold asked me, as the Zoning Director, that I confirm this opinion with my interpretation as provided -- or as allowed by the Land Development Code as the Zoning Director. She asked that I confirm the building director's opinion of the definition of the term structure under the land development code, and that question was related to the picture that you see on your visualizer. And Michelle then asked if these fixtures are, in fact, structures, and the fixtures she was referring to was the canopy atop the -- or affixed to the pilings over the boat dock. And she asked that, if these fixtures are, in fact, structures, in my opinion, that how such structures may be authorized as a permissible use, or not, by the Land Development Code. And, again, she attached that photograph. That photograph depicts a typical structure as part of this request. And I'm going to summarize just briefly my response. The basis of my response was grounded in LDC section 1.08.02 which defines the structure as follows: Anything constructed or erected which requires a fixed location on the ground or in the ground or attached to something having a fixed location on or in the ground, including buildings, towers, smoke stacks, utility poles, and overhead transmission lines. Page 144 September 27, 2005 The boat dock structure and attached canopy fixture requires a fixed location on or in the ground in order to provide permanent and fixed storage and support to the boat, or thereto. The canopy or roof portion of the structure is attach to and supported by the dock facility. Based on the fact that the canopy meets the elements of the defined term, structure, it is my opinion that the canopy fixture depicted in the attached photograph you provided should be considered a structure under the LDC. That was the answer to one of two questions she asked. And I went on to say that further research has revealed that the term structure and building are further utilized in the LDC definition for a boathouse, which is defined as any building or structure used for the storage of boats, watercraft or equipment that is accessory to boats or watercraft. And I gave a basis for that opinion as well. The second part of my response had to do with respect to her second question which asked, if I determined that the photograph she showed was a structure, or there was a structure in the photograph, how would that be permissible under the land development code. And my opinion was that in order to lawfully be able to obtain a building permit to construct a boathouse, LDC section 5.03.06 requires that such boathouses, including any roof structure built on a dock, must first be reviewed and approved by the planning commission under the procedures and applicable criteria described therein. And I noted that in particular in LDC subsections 5.03.06(E), (F), (G), (H), and (1). Also noted that subsection F of the land development code provides specific development standards as additional criteria that apply solely to boathouses. And these additional criteria specifically include setback requirements, regulations regarding the structure's location, a maximum protrusion into the waterway, a maximum height, the maximum number of boathouses per site, and aesthetic regulations. Page 145 September 27,2005 The aesthetic regulations include the requirement that all boathouses and covered structures shall be completely open on all four sides and that the roofing material and roof color shall be same as materials and colors used in the principal structure or may be of a palm frond or chickee style. Thus, as described by the land development code, portions of the applicable criteria and all of the additional criteria must be met in order for the planning commission to approve the request for the boathouse. And then I went on to summarize that as well. On May 17th -- okay. And that interpretation was rendered, and it is also advertised and noticed as required by our Land Development Code. On May 17,2005, Mr. Joseph Fuller and Terrance Lenick filed for an appeal to this official interpretation. And what I'd like to do now is just give you a little bit of a background of their appeal. It is contained in your packet of information there. But I would like to provide a response, and I did in summary as well in your executive summary, but I'd like to go over that just briefly. Based on arguments raised in the appellant's appeal request, the county expects to hear their attorneys try to convince you that the appeal should be granted because the definitions and provisions of ordinance number 04-41, as amended, are new and should not be applied to their previously existing structures. If you recall, ordinance number 04-41 was the ordinance that adopted last year's reorganization of the land development code. As this board will recall, on numerous occasions staff and the county attorney's office have advised you that the new provisions are simply a recodification of the old provisions of the code. Simply stated, the county's land development regulations or rules have remained in full force and effect with no substantive changes. Renumbering or relocating text does not make it new. Page 146 September 27, 2005 And with respect to the existing regulations pertaining to the approval of the boathouses use, including the aesthetic provisions pertaining to the roofing material and roof color, these were adopted on June 4, 1997, and are presently in force. Those rules require approval of a boathouse by the Collier County Planning Commission through a duly-noticed public hearing process. Prior to that time, that being June 4, 1997, a boathouse was required to be approved through the conditional use process. Final approval of which was granted by the BZA through a duly-noticed public hearing process. The appellant then argues that many of the appellant's -- and the appellant's representative also represents many different appellants, and that list is provided in your executive summary packet. That many of these appellants were informed when their canopies were first installed that a permit was not required because the, quote, canopy was not a permanent structure. And I would submit to you that the appellant's representative did not produce any evidence of that statement in the form of a copy of any prior official interpretation and that this is the only official interpretation of this provision of the LDC on record and that no other prior application of the LDR are binding or official. The appellant's representative will try to convince you that the interpretation is rendered in a vacuum without any history related to the subject photograph. Furthermore, he will argue that no opportunity was given to the owner of the subj ect structure in the depicted photograph to develop additional facts for consideration before the interpretation was rendered, and that without the factual history pertaining to the canopy depicted in the photograph, the interpretation was rendered without any competent substantial evidence to support it. And I would argue, Commissioners, that this is irrelevant. This process is not an independent determination of a notice or a finding of Page 147 September 27,2005 violation, or not, to any specific site or circumstance. In order to answer the questions asked in the interpretation, it is necessary to consider a broad set of assumed facts. This is not, again, a process of finding of violation for a particular site or a specific circumstance. This is an interpretation of a presumed set of facts applied to the regulations which will have county-wide applicability. The appellant then argues that the definition of a boathouse is overly broad and utilizes the words, quote, any building or structure to describe a boathouse, and is so broad it allows inclusion of the structures, such as docks and boat lifts, to be included within the definition of a boathouse. To me it was an interesting argument, because it's contradictory to the argument the appellant's representative used earlier. If you recall, based on arguments raised in the appellant's appeal request, the county expects to hear their attorneys try to convince you that the appeal should be granted because the definitions and provisions of ordinance number 04-41, as amended, are new and should not be applied to their previously existing structures. However, the argument used in this provision of the appeal is actually based on what the appellant defines as the new definition of boathouse. And I have two definitions -- make sure I have them here. This first one is -- let me get it so you can read it -- is actually the -- and I'm going to use old and new just in terms of describing the time. Old as describing the time prior to recodification, and new describing the time after recodification. This is the old definition of boathouse. And then this is the new, and the new is actually the basis upon which he makes his argument. So it's -- I don't know. It's kind of a two-faced argument. In one instance you're perceiving the new rules as unjustly applied because of their effective date, and in the other instance you're insisting that the application of the new rule, although legitimate, is problematic Page 148 September 27,2005 because it's perceived as being vague and overly broad. So I'm not -- I'm not really sure where that's going. But-- furthermore, I mean, both the previous version and the new version of the land development code have distinct definitions of boathouse, dock facility, dock, and the previous version also defines canopy. All of these definitions clearly distinguish between the different types of facilities, structures, and uses, I guess, really is my point. It appears as if the appellant's representative will attempt to convince the board that a code provision which deals with canopy, tents, and shades, which was previously located in section 2.6.2.4 of the LDC, more accurately applies to the rules governing boathouses. The appellant attempts to define a boat as a vehicle under the common term of vehicle as defined in Webster's, and further bolsters his opinion by the fact that boats are considered vehicles for the purpose of registrations in the State of Florida. It's absurd to think that just because a vessel is required to be registered by the state, that they should be treated equally for regulatory purposes. I mean, is a car typically operated from a dock or boat lift? Is a boat typically operated from a garage? In fact, the LDC clearly distinguishes between a multitude of vehicle types required to be registered by the state and attaches separate and distinct requirements concerning the storage, operation, and location of several different types of vehicles. Specifically, the code has separate and distinct rules governing recreational vehicles, commercial vehicles, passenger vehicles, and boats and accessory structures associated therewith. Lastly, Commissioners, it appears the appellant will try to convince you that the director's interpretation attempts to give a broad definition to the term boathouse in order to include it within its definition of a boat canopy so as to ban their use. Furthermore, he argues that there is no plainly stated ban on the use of canopies. Commissioner, this -- Commissioners, this may be a boathouse Page 149 September 27, 2005 canopy or a roof consisting of a canopy, but roofed structures are not allowed on structures over water, a/kla a boathouse, unless they obtain use approval by the planning commission consistent with the boathouse approval criteria contained in 5.03.06 of the Collier County Land Development Code. I didn't make myself an extra copy, but I want to be able to read this into the record because it's important. This talks about, any covered structure erected on a private boat dock shall be considered an accessory use and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC, and that is the boat -- or dock facility section of the land development code. This includes not only boathouses but, for example, chickee huts where somebody doesn't necessarily park their boat underneath of it, but they have, you know, kind of a party platform with a chickee hut for shelter for human beings. So both of those type of structures, both boathouse -- any covered structure on a dock, be it a boathouse, chickee, what have you, is required to be approved by the planning commISSIon. Commissioners, in closing, there are simply two issues that can be appealed here as a result of the official interpretation, and the issues are whether the interpretation is rendered by the director regarding the definition of a structure as it relates to a canopy attached to a dock erected over a boat and boat lift dock facility as consistent with the land development code, and did the director correctly opine on how such structures are to be properly authorized as a permissible use, or not, by the land development code. The director's opinion was clearly summarized in your executive summary, first, that the boathouse as depicted in the subj ect photograph is considered a structure by the definition of the land development code, and, second, that approval of a boathouse requires review and approval by the planning commission, which is predicated Page 150 September 27,2005 on a structure meeting the minimum development requirements as outlined in LDC section 5.03.06. And I respectfully ask that you uphold the director's official interpretation in this case. And that concludes my presentation. CHAIRMAN COYLE: Thank you, Susan. Any questions of staff? (No response.) CHAIRMAN COYLE: Okay. Then we have the appellant. Who's the appellant's representative? MR. LENICK: Good afternoon. CHAIRMAN COYLE: Good afternoon. MR. LENICK: My name is Terry Lenick. I represent the appellants in this case. MR. MUDD: Sir, if you come on over to this microphone, you've got lots of room to put all that stuff down, if you need it. MR. LENICK: That's fine. I'm fine here. I've got my assistant over here, if that's okay. I've some -- I have an outline I'd like to simply give to you help you follow the argument. May I approach? CHAIRMAN COYLE: Sure. You can just hand them to me, and I'll pass them down to the others. MR. LENICK: Thank you. For the record, my name is Terry Lenick, I represent the appellants in this particular matter. I thought the best way to do this, which is -- this procedure is a procedure -- I've been doing this sort of thing up in -- primarily up in Lee County for nearly 25 years, and I've never seen a procedure that's like this one where it's not an interpretation where the property owners' request, it's some broad interpretation, and apparently if we didn't make an appeal of this, it would somehow be used against us. Let me cover what -- exactly what we've got here. The facts are that we have a canvas cover over a boat dock, which like a canopy, tent, and shades is, in this instance, attached to the boat dock by cotter Page 151 September 27, 2005 pins, which can be easily removed. It's, likewise, a canopy covering and it can be easily removed. I have an example of that on land. CHAIRMAN COYLE: Thank you. MR. LENICK: What I've handed to you is a picture of a canopy cover on land which is covered by your code; in other words, it covers a vehicle, a recreational vehicle, which, of course, is a boat, and it is over land and is permitted by your code. I'll get into that in a second. The overview of the argument is, I'm going to cover several things, one is the zoning code itself, the interpretation provisions of your zoning code, procedural problems you have, they will be on the second page, and the third page we'll get into the substantive arguments of what's occurring. First of all, if you look at the zoning code itself in section 2.0.1, the purpose of the code is to -- the intent and purpose of the chapter is to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County. It defines a dock as any structure constructed in or over a waterway for the primary purpose of mooring a boat or other watercraft. A dock facility including walkways, piers, pilings associated with a dock. Note, that the dock facilities do not include boathouses, but somewhere it's implied that it's somehow a dock facility when you put up the boathouse. That would also mean other things can be dock facilities and be involved. The interpretation of your zoning code -- and this is what's very unusual about your code. Section 2.0. -- 2.04.01, rules of interpretation, state that in any zoning district where the list of permitted and conditional uses contains the phrase, any use which is comparable in nature with a foregoing use and consistent with the permitted uses and purpose and intent of the -- intent statement of the district or any similar language, which provides for use which is not clearly defined and described in the list of permitted and conditional uses, which apprise the discretion of the county manager or designee Page 152 September 27,2005 as to whether or not it is permitted in the district, then the determination of whether or not the use is permitted in that district shall be made through the process outlined in section 1.06.00. If you go to 1.06.00, that's the only provision in your code that covers the standards by which an administrator makes a decision on interpretation. And if you look at 1.06.00, that covers district boundaries, how to make a determination of that. I was surprised, but there is nowhere in your code where you set down standards for your administrator to make a decision with regard to interpreting this -- a particular use in this instance, let alone a use applied to a particular piece of land. Consequently, since they can only administrate your code in accordance with the standards you give them, if you don't give them any standards, then they are proceeding under an arbitrary and capricious manner by law. Second point under interpretation of zoning laws, there's the common law principle. Zoning laws are in derogation of private rights and are to be strictly construed against the drafter. In other words, if it's six of one, half dozen of another, in my opinion, you have to strictly construe it against the drafter. And if it's going to go against the drafter, it's out. And it's a strict construction. Similar to a criminal case. It is not something that's a liberal construction. It is a strict construction because it's in derogation of the common law private property rights. And every one of you know, I know, ran on private property rights. Most importantly in your zoning code, there are no standards for administrator -- and I think I covered this before -- to apply when making an interpretation about the particular use. There are standards regarding the applicability of the zoning district, but that is all. An administrator cannot make a carte blanche -- cannot have carte blanche power to make an interpretation. That is what you have here. Page 153 September 27, 2005 Now, covering that, you've got three procedural problems with this case. There has never been a procedure that I am aware other than this one here. Normally how you have this thing in front of you, or in front of a Board of Adjustments and Appeal, is where somebody goes in for a permit, it's denied, there's an interpretation, then you go in front of a Board of Adjustments and Appeals, and then I would have, like I said, if I represent the private property owner, the burden to prove the case. The county would have to come back and disprove it. It would be that way. That would be your quasijudicial hearing. This is a procedure. We -- by the way, we tried that. We applied for an interpretation twice, and twice were not provided this. I even, at the last couple of months, had my clients go down and try to apply for a permit for this for a canopy cover, and they were refused even to have the application taken in to get it into that mode. What has happened over the past couple of years is the county's decided -- or I should say, the administrative staff has decided that they're going to have this procedure. And this procedure is, we're going to make some interpretation without any particular factual basis, we're going to advertise it, and then if anybody appeals, pays a thousand dollars to appeal, then we'll hear it, but we're going to limit the county commission's decision on it to only substantial competent evidence. Where's my quasijudicial hearing? It isn't here, because your standard of review is limited, supposedly, by the ordinance. There are four reasons why this is a denial of due process. There's no standard for review in your code. Your administrator's given carte blanche authority to make a decision. There is truly no quasijudicial hearing regarding a set of facts as applies to the interpretation. As your own administrator told you, this is a broad thing. This is -- we're going to apply it broadly. There's no specific facts. There's no case. It's almost like an advisory opinion in the court level, which Page 154 September 27, 2005 the courts will not do. In this case it is being -- in this case this procedure is being used to avoid a decision before -- before a true quasijudicial hearing, number one, and in this case, as you will soon see in the next page, it's avoiding a decision, which is a political decision, to be made by the elector, by the -- the elected officials, and I'll show you why. MR. WEIGEL: At this point I'm going to interject, and that is, there's a lot of discussion going on in the record by Mr. Lenick, and we've let him talk and make those points. But as we indicated initially, this is an interpreted -- this is an appeal of an interpretation, and the questions of constitutionality and due process outside of the -- your review of the interpretation are really irrelevant to your decision-making today. MR. LENICK: What I'm trying to show you is with -- the problems you have with that procedure, and I have a solution at the end of this whole thing, so this is not a -- and the reason for the lawsuit that was filed by Mr. Fuller in this case. The next page it gets to the substance of the issue. And remember you have a strict construction issue. What I've done is I've taken two provisions of your code. One's called a canopy, tent, and shades, and the other one's called a boathouse. Now, this issue of what is -- what is a canopy, tent, or shade has been litigated by Cape Coral. Cape Coral was forced to go out and have a county -- have their city council meet and come up with a definition, and they did, and they properly resolved the thing. It has also been approached by Marco Island. Marco Island, who you -- if you recall, when they became a city, they had the county commission's codes, and they had to make changes to it. And the one thing they made the change to was they defined a canopy, tent, and shade -- and I've got the documents in here. I'll get into that. But let me show you what your code says currently. The first column says, canopy, tents, and shades. The canopy, tents, and shades Page 155 September 27, 2005 shall be permitted in all areas zoned for residential and estate use subject to the following standards. Remember the provision I said that -- way at the beginning in the first paragraph of your code that says it covers both land and water? I would argue that you can have a canopy, tent, or shade over land or water because it's covered by land or water, your zoning code. The second thing is, if you continue to read on these canopy, tents, and shades, it says, of course, that you have to have a limitation of 300 square feet, and most importantly, look at paragraph 9, the use of these structures shall be for the storage or parking of recreational vehicles, vehicles authorized in residential areas, or as a sunshade for outdoor recreating. At no time shall these structures be used for any type of storage. This is being used for the purpose of putting vehicles, boats. And this provision has been used for land. You basically put the poles up and you've got to get a permit for it, et cetera. Now remember, I asked my clients to go down. They first went down several years ago to try to get permits for this, was told they didn't need it, and now even as of a couple months ago, we went down to try to get permits, and they keep saying, we won't even accept your applications because you're a boathouse. Now, look at boathouse. Boathouse, if you look in the right-hand side, is defined as a building or structure used for storage of boats, watercraft or equipment that is accessory to boats or watercraft. They then call it a dock facility . You remember me going back to the original definition of dock facility? It did not include the term boathouse. So you have to imply that it includes boathouse. Now, if it includes boathouse, it includes other things. Go down to paragraph 7, F7. The boathouse or covered structures shall be located at an -- to minimize the impact; in other words, they do recognize covered structures. The long and the short of this whole argument is very simple. Page 156 September 27, 2005 You don't have a definition of something like a canopy, tent, or shade. And here's what happened in other jurisdictions when this issue came up. First Cape Coral wrestled with the issue. They didn't have -- they did not have a definition. So they wrote to you guys. They said, hey, help us. Did they come back -- this was about 1999. Came back, said, help us, what do you have? Because they wrote to all the different jurisdictions. And this is the reply. COMMISSIONER HALAS: County Attorney, do we need some guidance on this? MR. WEIGEL: Well, we are allowing this to be presented to you physically. I would note on the record though that this is beyond the scope of that which he has provided prior to the -- to this presentation today. Our rules of what must be -- and what is allowable before you to review requires a pre submittal of this matter. I would suggest that what he is telling you on the record right now is anecdotal in regard to other jurisdictions. And, again, your scope is to -- and review processes is to review the interpretation as defined as to whether it has competent and substantial evidence behind it. And from that standpoint, Mr. Lenick is advised as well that he's been given significant latitude at this point to bring in issues and statements that aren't germane to the appeal, and the chair is at a point where they can limit the addition of this at this point in time. CHAIRMAN COYLE: Well, I think he's getting close to the end of his presentation. MR. LENICK: Right. I'm on the last page. You look -- I want to show you how the other jurisdiction handled it and what happened. How others have interpreted. What happened is Cape Coral wrote over here and says, what -- how do you guys handle it? Instead of sending them your code and saying, well, we don't have to -- all boathouses are canopies, what Susan Murr (sic), the very person who Page 157 September 27, 2005 is coming against us on this particular matter, comes back and sends them a draft of the Marco Island ordinance that was considering it as it should be, a political issue. And if you look in that ordinance, it covered the boathouse, and it covered -- it covered the issue regarding docks. Now, what ultimately happened regarding canopies -- and what ultimately happened is the final code -- and I'm going to hand you the Marco Island ordinance -- specifically defined boat covers and boathouse and made a distinction. MR. WEIGEL: Again, I would note an objection to the record of the admission of this -- of this material or testimony relating to another jurisdiction's material. MR. LENICK: The purpose of showing you Marco Island's ordinance -- and if you look on the first page they cover boat covers and boathouses -- is that they make that distinction between the canopy cover situation and the boathouse. What happened in Cape Coral was, they didn't handle it like Marco Island. They stubbornly persist that we don't have to have it before the electorate, we don't have to have a decision and define it. Your code doesn't define it. So they went to court, Mr. Fuller and his people went to court on the matter, and the judge says, you've got to define it. The result of which is -- and I'll show you the ordinance that was ultimately adopted by Cape Coral. MR. WEIGEL: And, again, I would repeat the objection on the record. CHAIRMAN COYLE: Okay. We're going to have to bring this to a close. MR. LENICK: I will. CHAIRMAN COYLE: What Cape Coral and Marco are doing, as far as I'm concerned, is irrelevant to this case. MR. LENICK: What I'm trying to do is show you that there is a Page 158 September 27,2005 vagueness to this definition. There is no definition and how it should be handled. When you have a problem with defining something, that it should say the county administrator and the county people are having a problem defining something -- there is no definition of this. It doesn't fall within boathouse. Boathouse or covered structures are two different words and used in the same sentence. They have to be different. In that situation when you apply strict construction to the language, a judge will say, you don't have a definition for canopy, and therefore, you don't cover it. Simple solution to this -- and this is where I get down to the equities. One, the people in the past have gone down and tried to comply. They were told by the county officials -- and I think Mr. Purvis can testify to that, and I'd like to get that on the record, too -- that they've gone down, and they were told they don't have to get permits, and as a result, people started putting up canopies. Today, even as of a couple months ago, I said, go down and pull a permit but not for a boathouse, just for a covered structure of some sort. They wouldn't even accept the application. We couldn't -- then Mr. Fuller tried twice for an interpretation. Couldn't get in front of them. So then he went through this process. Here's what my suggested solution is, and it's a practical solution, and that is to approach the issue as one where the definition must be addressed and have public hearings on the issue with draft ordinances like Marco Island did and ultimately Cape Coral did. In the meantime, don't punish those who, at best, would have complied with the original -- at best they could comply with an ambiguous law. The law should be prospective in nature. And if a canopy exists prior to the hearings, prior to you making a decision, then the ordinance drafted should be prospective in nature and let the people who have, in good faith, gone forward. The county is not without -- without sin in this particular matter. Page 159 September 27, 2005 Now, we're entitled, I believe, to somebody who is unbiased in this situation. And we have letters going back to 2002 after the Cape Coral situation by Ms. Murr ( sic) saying, absolutely no, they were absolutely against it. I mean, you have a -- we have a biased situation. But the simple solution is this. This is a political decision. This commission may not want these canvas covers or they may want the canvas covers, I don't know. But the point is, it's a political issue, and if you let the people who have it up there now keep it up, and then you say, okay, from this point in time on, we'll employ State verse Clearwater, and if you don't have it up now or you can't prove it, then the red flag has gone up, and I'm sure you've been told about the red flag doctrine. But the people who have relied on the past should continue. And I believe if you get it in front of this county commission and you get a decision, you're going to hear from both sides of the public on this issue. This issue should not be decided by an administrator who has no standards and you end up in court, and you'll find out how fast that court case will go away. And the purpose of the court case was not to say that. But what I'm trying to say, this is a practical matter and it should be addressed by the commission at a full-blown public hearing and not clandestinely done through the backdoor. CHAIRMAN COYLE: Okay. Thank you very much. MR. LENICK: Sure. CHAIRMAN COYLE: Any questions by commissioners? We have -- I'm sorry. Go ahead. COMMISSIONER HENNING: Just by -- for Mrs. Murray. CHAIRMAN COYLE: Sure. COMMISSIONER HENNING: Which -- under boat canopy, which ordinance are you viewing or making your interpretation, for boat canopies? Is it under boathouse or canopy or-- MS. MURRAY: Well, there's no definition for boat canopy, and Page 160 September 27, 2005 it falls under boathouse per definition of the structure and per the other provision I read in the land development code regarding covered structures. If I could just real quick -- COMMISSIONER HENNING: No, I still have more questions. MS. MURRAY: I'm sorry, okay. COMMISSIONER HENNING: If I have a boathouse and then I have a boat in the house with a cover over it with it moored in the boathouse by line, does that need a permit? MS. MURRAY: Let me make sure -- COMMISSIONER HENNING: It's covering the boat. MS. MURRAY: Correct, yes, it needs -- COMMISSIONER HENNING: Affixated (sic). MS. MURRAY: It needs zoning approval through the planning commission for a boathouse, and it needs -- based on what you're telling me -- again, I'm assuming what you're relating to is the picture; is that -- COMMISSIONER HENNING: No, just a scenario. MS. MURRAY: Maybe I better not. COMMISSIONER HENNING: Yeah. I have a boathouse, I put a boat in it now, and then I buy a cover for a -- a formfitted cover for the boat. MS. MURRAY: Right. That's not -- COMMISSIONER HENNING: Then I take it and tie it to the -- fixate it to the dock. Does it need a permit? MS. MURRAY: Commissioner, based on what you're telling me -- and again, I always like to preface my comments with the fact that I want to examine all the facts. But I will attempt to answer your question, and I believe the answer would be no in that case. You're talking about a boat cover, I think, is probably a better way to describe it where you -- in fact, I may have a picture of that, but you -- COMMISSIONER HENNING: Well, I think that's what -- Page 161 September 27,2005 MS. MURRAY: You're kind of discovering something -- or describing something that relies on the boat itself to support it, and the boat itself is not a structure per the land development code. COMMISSIONER HENNING: Well, the cover-- MS. MURRAY: You may tie it to secure it, but I think primarily the security is provided by the frame of the boat, which is not consistent. COMMISSIONER HENNING: Well, I think they have the same purposes. The canopy and a cover is there to protect the boat. But the difference is, in this case what you're saying is the canopy is affixated to the dock, and that's where it makes a distinction? MS. MURRAY: It relies on a frame attached to the dock in most cases, which then makes it a structure, okay, and it's relying on that frame attached to the dock as a structure for support. COMMISSIONER HENNING: Okay. MS. MURRAY: Real quick, Mr. Chairman, I just wanted to point out that one of the arguments -- and I'm not going to -- it will be two seconds here. No standards for your administrator to apply when making an interpretation about the particular use. Those are found in section 10.02.02, talks about procedures for official interpretations, determination of completeness, the form, the notice requirements, effective time limits, appeal provisions, and also describes your role for appeals. The second point I wanted to make was Mr. Lenick mentioned that people had come up asking for building permits for these type of structures. Because this required zoning approval first, they can't get a building permit until they have zoning approval, okay? And I do have history on Mr. Fuller, if you're interested. I didn't really think it was germane to this official interpretation. CHAIRMAN COYLE: We're only concerned with your interpretation right now. That's all we're going to be talking about. Page 162 September 27,2005 And Commissioner Halas? MS. MURRAY: One last thing, I'm sorry. I did want to enter some information into the record, just background that I had provided to you and a copy of my response as well. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I think it's, the -- under considerations page 2 of 88, I think it makes it pretty clear, the aesthetic regulations include that the requirements are that all boathouses, cover structures on the docks, shall be completely open on all four sides, and that the roofing material and the roof color shall be the same as the material and color used in the principal structure unless the structure is palm fronds, such as a chickee hut. And if we look also at -- at page 25 of 88 and 26 of 88, I think you get the idea of what a boathouse looks like and then what we're talking about as far as the structure here. And if we look at it, one is wide open and the other one is somewhat closed where it impedes the view of the surrounding residents, so -- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Ms. Murray, you're going to submit something into the record that you said that you provided to us. The only thing that I know that I have was in our packet. So do I need to give more disclosures? Did you provide me more information? MS. MURRAY: No. This is all the backup. Let me just make sure. Yeah, you make a good point. I'm sorry. I probably should have read exactly what I was going to put in there. And I don't even need to put all this in there because we didn't mention it, so I just had it in my file. I had minutes of the meeting from 1997, June 4th and May 21st where the Board of County Commissioners actually adopted this prOVISIon. COMMISSIONER HENNING: Is it in our -- Page 163 September 27, 2005 MS. MURRAY: No. That is not. Now, I did provide you minutes -- COMMISSIONER HENNING: I think the county attorney would say if it hasn't been submitted -- MS. MURRAY: No problem. COMMISSIONER HENNING: -- that we're not going to bring any new evidence out, so what's fair is fair. MR. WEIGEL: Correct. MS. MURRAY: Yeah, I don't have a problem with that. I apologize. That wasn't intentional. CHAIRMAN COYLE: Is there anything else that you're wanting to put in the record that is not in our packet? MS. MURRAY: I do want to put in a copy of my official -- my response to the official interpretation. It was only summarized in your executive summary, and I'm not comfortable with that. It was publicly noticed, so it's not anything that -- it's public record. I didn't know if that was a problem. COMMISSIONER HENNING: I have a big problem with that. If we only got a summary of an official interpretation, how am I going to make a decision on this if we only got a summary? CHAIRMAN COYLE: County Attorney? County Attorney, Commissioner Henning has raised a good question. MR. WEIGEL: Yes, he has. Patrick White will give the response. MR. WHITE: Again, Assistant County Attorney Patrick White. The way that our land development code structures the BZA appeal process is that the appellant has 30 days from the time that the opinion is rendered, the official interpretation is rendered, to provide all of the arguments and backup materials to the county. There is no similar procedural preclusion against the county presenting its case today that arguably is in support of the director's Page 164 September 27, 2005 interpretation. And it would seem to me that nothing could be more fundamental to the record than the actual interpretation itself. Now, I don't know of any procedural defect that arises from it not having been put into your packets that otherwise isn't cured by simply being put into the record today. I understand that there's a concern that it may not seem to be fair play. The rules are structured in such a way that it allows the county to present its case today. Now, we've done what we think is appropriate to allow you the appellants to know what the county's arguments are going to be and what documents are going to be presented today. And I think it's absolutely fair to say that the actual interpretation itself is something that the appellants have had adequate opportunity to review and that they were given a copy of such that it is not anything new to the record today. It is as old as the appeal itself because it is what is being appealed from. So it would seem fundamental to allow it to be considered appropriate to be part of the record. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Well, I appreciate that clarification. It puts it -- it puts the onus on the person that's appealing to make sure that all his documents are here, but it -- MR. WHITE: Right. COMMISSIONER HENNING: -- doesn't say that the county doesn't have to do that. MR. WHITE: Yes. But we've always followed those fundamental notions of due process and fair play by providing to opposing counsel, including the e-mail that we sent yesterday that kind of laid out the procedural steps of today's hearing so that they're aware of it, so that they have the opportunity to be prepared and fully able to present their case to you based on their arguments that they raised within 30 days of the appeal of the interpretation being Page 165 September 27,2005 rendered. COMMISSIONER HENNING: Was the complete official interpretation included in my packet or the other commissioners' packets? MR. WHITE: It was in your prior packet from two weeks ago. That one didn't include the petition that the appellants had filed. And due to some oddities of the nova system, it was discovered that the actual interpretation, which is the subj ect of the appeal today, wasn't included in those packets. But you've obviously seen it before. You had to have read it in order to know what the appeal is. And certainly it isn't any procedural defect from the perspective of the appellants because that is what they based their appeal on. COMMISSIONER HENNING: I'm not going to make a decision on this because I don't have complete information, and that's what I'm hearing. MR. WHITE: Well, I understanding what you're saying. But what you're suggesting, sir, is that you didn't know you didn't have it, and now that you know that you don't have it, it makes a difference. I don't know that as to the process it changes anything. It may change your vote certainly, and that's appropriate. But -- as to the process, which is what you're asking me to advise you about, I don't believe that it changes anything for the county to seek to put into evidence into the record the very interpretation itself. CHAIRMAN COYLE: Okay. Thank you very much. Any other comments, questions by commissioners? COMMISSIONER HALAS: No. CHAIRMAN COYLE: Very well. MR. LENICK: Mr. Chairman, I know it's unusual, but I'd like to assert my right to cross-examine, I think her name is Susan. COMMISSIONER HALAS: This is not a court of law, is it? MR. WEIGEL: He does have that opportunity under the process Page 166 September 27, 2005 of the appeal. Additionally, I would note for the chair and the board, there are, I believe, four speakers that have signed up as well. CHAIRMAN COYLE: Okay. Go ahead. MR. LENICK: Would you state your name for the record, please. MS. MURRAY: Susan Murray. MR. LENICK: Ms. Susan Murray, you state that there was an interpretation or an application of standard under chapter 10 of the code? MS. MURRAY: Correct. MR. LENICK: Doesn't that chapter apply when there is a-- when you make the first -- you have to make the decision if there's a boathouse, and then if there is, then you have to go through that land process, the county -- the commission process, the zoning and county -- or your administrative process? MS. MURRAY: I don't understand your question, sorry. MR. LENICK: Where is that provision that gives you the right to make an interpretation under chapter 10? MS. MURRAY: 10.02.02, as read into the record. MR. LENICK: Is that not for applications for a boathouse? MS. MURRAY: No, it's not. MR. LENICK: Okay. A submittal requirement for application requires an environmental impact statement. So when somebody wants to put a cover over their docks, they've got to have an environmental impact statement? MS. MURRAY: I'm not sure which provision you're referring to. I don't have it in front of me. I don't have it memorized. MR. LENICK: 10.02.02(A). I'm just trying to point out, Ms. Murray -- and I'll cut to the chase on this. There's nothing to hide on this type of thing -- that this provision applies not to a normal building permit situation, does it? MS. MURRAY: I think you are questioning me on the rules for Page 167 September 27,2005 the official interpretation, and that is what I was responding to. MR. LENICK: Right. The 10.02.02, as your submittal. You're saying that they have to do an environmental impact statement. I mean, there's a list of things which apply, but that primarily applies to a situation where somebody's going to put in a true boathouse, right? MS. MURRAY: I think you're mixing up -- MR. LENICK: Let me cut to the chase. MS. MURRAY: -- the official interpretation versus application for a boathouse. MR. LENI CK: If this thing was determined to be a canopy, a shade -- a tent canopy or a canopy shade, as in the definition I had in my example, they wouldn't follow this process, would they? MS. MURRAY: For vehicular canopies, they don't have to follow the same processes of the boathouse because it's not a boathouse. MR. LENICK: So that's -- the decision is, is this a canopy shade or something other than a boathouse, that's a decision that has to be made first before these provisions apply, right? MS. MURRAY: Right. MR. LENICK: Therefore, these provisions don't apply until that decision is made, correct? MS. MURRAY: Correct. MR. LENICK: Now, where are the standards that allow you to make that decision? MS. MURRAY: In the land development code. MR. LENICK: No. Where in the land development code? MS. MURRAY: The provisions that authorize me as the zoning director to interpretation the land development code. MR. LENICK: Well, that's where I went back to and that was con -- MS. MURRAY: 10.02.02. MR. LENICK: Well, no. You said that that wouldn't apply to Page 168 September 27, 2005 the tent shade situation? MS. MURRAY: I think you're kind of mixing processes up, so I'm not sure where you're going and how I can answer your question. MR. LENICK: You don't really know when 10 dash two oh two really applies, do you? MS. MURRAY: I'm not sure you do. I do. MR. LENICK: Okay. You said that it does not apply to a tent shade situation, correct? MS. MURRAY: Let me back up and say 10.02.02 applies when somebody makes a formal request and pays a fee and it's determined to be sufficient per the provisions of the land development code. MR. LENICK: Okay. What we're looking for -- then when somebody applies for a tent shade, does -- do they have to have an environmental impact statement? MR. WEIGEL: I'm going to note for the record an objection because this is not an appeal concerning a tent shade. MR. LENI CK: This is a -- the purpose of the argument is very simple. It's a -- the precursor decision is, is this thing something other than a boathouse? That decision -- in order to make that decision, you have to find standards that apply before you go into chapter 10. Once you make a decision that it's a boathouse, then there's a process that you're going through that requires the going through this. But if this is a simple permit for a, like you see, the little aluminum poles and a canvas top, don't go through all of these things -- this procedure, and there is no standard. There is no standard for the interpretation of the use. She already told you that she does not -- that does not apply if it was a tent. MS . MURRAY: Vehicular cover on land. MR. LENICK: Right. So it doesn't apply. Chapter 10 doesn't apply then, right? CHAIRMAN COYLE: Are you suggesting that -- Page 169 September 27,2005 MS. MURRAY: It's not relevant. CHAIRMAN COYLE: Are you suggesting that Ms. Murray does not have the right to look at two definitions and determine which definition this petition falls under? MR. LENICK: Absolutely, and here's the reason, because normally in most zoning codes, they'll give you a standard by which you apply in making that decision. You go -- your chapter -- it's on my first page. Rules for interpretation, 2.04.01. If you go there, the only thing -- it sounds like it gives you the right to make the interpretation, but when you go to 2.04.01 and you read it carefully, it has no standard that covers -- CHAIRMAN COYLE: I think we've already read it fairly carefully. Okay. We're going to proceed with this hearing. MR. LENICK: I guess maybe -- well, it's up to you, but I would like to -- MR. WEIGEL: It appears to me that the cross-examination is over and Mr. Lenick is making either part of his final argument or approaching his final argument there, but you do have four speakers to hear. CHAIRMAN COYLE: Okay. We're going to hear the speakers right now. MR. LENICK: Okay. I would like to make one objection, if I could, on the record, and that is, the disclosure should be specific as to who you talked to and not in general, and I want to make sure that that's part of the record. Thank you. CHAIRMAN COYLE: I think we've already done our disclosures, haven't we? MR. WHITE: Mr. Chairman? CHAIRMAN COYLE: Yes. MR. WHITE: I take substance of Mr. Lenick's objection to be Page 170 September 27,2005 one that he has the opportunity to cure in this very hearing. In other words, if he was not satisfied with the scope of your disclosures as to ex parte communications, he has every opportunity, just as he cross-examined the last witness, to be able to inquire of you to whatever depth and scope he thinks is appropriate. And ifhe's going to let stand his bare objection, that's his choice. CHAIRMAN COYLE: Well, I think there were only two commissioners who said that they'd talked with anybody at all about this, but nevertheless. COMMISSIONER HALAS: Sir, I have all my disclosures right here. MR. LENICK: Okay. What I believe the law requires is who spoke to you and that you state who it is on the record, and so people who then are speaking know who you had spoken to and then if there's a possibility of bias or not, that's all. And I don't believe a general statement of that, I spoke to -- I got some e-mails and I had some letters would suffice. That's all I'm doing is doing an objection. COMMISSIONER HALAS: It's right here, sir. You're more than welcome to look at every bit of the correspondence response that I have here. MR. LENICK: I will do so, sir. But I appreciate -- I believe it should have been done before the meeting, or before the beginning. COMMISSIONER HALAS: It was, I believe. CHAIRMAN COYLE: Yes, it was. MR. WHITE: Mr. Chairman, I hate to interject. But I think if Mr. Lenick wants to have that specific information, and he's going to take the opportunity to review Commissioner Halas's file, and he has any further questions, that you give him the opportunity to ask those questions before we conclude the hearing so that there's no question as to the appropriateness of the disclosures. CHAIRMAN COYLE: Okay. Are there any other commissioners who had any other disclosures at all on this item? Page 171 September 27,2005 Commissioner Coletta? COMMISSIONER COLETTA: I talked to Jim Mudd, my one-to-one with him, on this particular item. The only other disclosure I had was way, way back when this issue first came up a couple years ago, three, four years ago with many people that -- we're not dealing with that. So Jim Mudd would have been my only source. CHAIRMAN COYLE: You're dealing with an interpretation by Mrs. Murray. COMMISSIONER COLETTA: Okay, you're correct. Mr. Mudd would be my only source that I -- CHAIRMAN COYLE: And I talked with no one, okay. And I have no contact. COMMISSIONER COLETTA: And Joe Schmitt. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: I spoke with Susan Murray, I spoke with Joe Schmitt, and I spoke with Jim Mudd. CHAIRMAN COYLE: Okay. And Commissioner Henning? COMMISSIONER HENNING: The county attorney. CHAIRMAN COYLE: Okay. Now, would you like to question any of these commissioners about what they said or did or who they talked to? MR. LENICK: Did Mr. Halas state on the record who he spoke to? COMMISSIONER HALAS: Well, let's see, if you want every one of them, I'd be more than glad to. Joe Schmitt, Jennifer Pelioto (sic). COMMISSIONER FIALA: Belpedio? COMMISSIONER HALAS: Yes. Who else? It goes on down here -- hold on. There's a bunch of -- Mr. Purvis, I believe, was in here. Let's go back here just a minute. Joe Schmitt, and Mr. Purvis again. Mike McIver, is that you? Okay. There was somebody else Page 1 72 September 27, 2005 there, I believe, that was involved in this. B.J. Savard and -- Boyer, Purvis again, Rob Roy is a homeowner. Attorney Brekenbeck (phonetic) is a homeowner. How in detail do you want this? Every one of these? MR. LENICK: Sir, I just do an objection. It's your county attorney that would give you advice on that. I just know that the generalities of the -- saying it on the record -- COMMISSIONER HALAS: I have Mr. Purvis again on here, Mr. Purvis again. Who else is on here? I think it's -- there was some other correspondence here. It doesn't say. Just to Prank Halas, sir, and then, of course, my aide sent back a -- probably a continuation of this other one, that's what it is, yes, by a list of people here that I mentioned, and from Bruce Burkhard. That's it, sir. COMMISSIONER PIALA: Excuse me, Mr. Chairman. Am I supposed to mention on the record who I received e-mails from or just that I have them? CHAIRMAN COYLE: I'm going to allow the appellant's representative to ask questions if he has any questions about any information that any of these commissioners have. If you have questions about them, if you want copies of them, then you tell us now and we'll get them for you. MR. LENICK: I understand. We will -- with regard to that, I was surprised at how it was presented today, and I was just doing a simple objection. And as far as that goes, how you wish to be advised from your county commiss -- county attorney to do that, I'll do that. All I'm doing is that when you have -- supposedly quasijudicial hearing, biases of individuals who you spoke to pro and con need to be made a part of the record in order for you to know who the person talked to, and that's all I was asking. I didn't mean to make it a big deal. I didn't know Mr. Halas had been talking to a lot of people and I found that out, but I'm here to represent my client and say -- state an objection if that occurs, and Page 173 September 27,2005 maybe this will change the process you have from here on in the future, I don't know. CHAIRMAN COYLE: Well, if you have any other suggestions for our processes here, please share them with us. MR. LENICK: Well, that's one of them. I would have -- I think maybe -- you sufficiently covered it for any objection in court. CHAIRMAN COYLE: Okay. Thank you. Any other questions by commissioners? COMMISSIONER HALAS: We have speakers. MS. PILSON: Would you like to hear the public speakers first? CHAIRMAN COYLE: Yes. Let's go with public speakers. MS. PILSON: The first one is Joseph Puller. He'll be followed by Mark Allen. MR. PULLER: Mr. Chairman, Commissioners, I am co-counsel with Terry Lenick for Mr. Purvis and the Collier County Boat Owners' Association, and my comments, I think, probably would be directed to the arguments and follow-ups. So I think it's probably inappropriate for me -- it's not public comment. I'm here representing my clients. So I'm going to waive my presentation to the commission. CHAIRMAN COYLE: Thank you very much. MS. PILSON: The next speaker is Mark Allen. He'll be followed by Teri Purvis. MR. ALLEN: My name's Mark Allen. I'm a resident of Collier County for 48 years. Very proud to live here, raised my children here. I have a boat dock lot, and I wanted to put up a lift cover on it. This was August 20th at 1 :30 p.m., 2001, I knew there had been some discussion on this. So I went directly to Mr. Ed Perico, the director of the building department, Mr. Tom Kuck, who was director of the -- interim director of the planning department at that time, Brandon Quandt, who is the installer of these lifts, or these covers, myself, and Mr. Bob Davy met there at Mr. Perico's office. Now, I've been -- I am a layperson, but I'm also a licensed landn Page 174 September 27,2005 surveyor. You know, I'm involved with the county and the codes in many ways on a daily basis. So I went to Mr. Perico, because I work with him. Mr. Perico, I wish to do this, this is what I -- this is the date I have. Do I need a permit; do I not need a permit? And we reviewed it and we discussed it, Mr. Kuck, Mr. Perico, and myself. He said, Mr. Perico said, quote, Mark, we had over 3,000 permits last month. If we had to permit stuff like this, we would never get anything done. These are non-permanent in nature. They are not a fixed structure. Based upon that opinion, Mark, I don't think you need a permit. Now, I did not pursue the man for a signature. I worked with him on a daily basis. We're both professionals. I left it at that. I had my canopies up, and then I was cited later after some other involvement. Other folks had been cited, then I got drug into this. So we came down here to get permits, so I submitted permits. I couldn't get past the front desk. They wouldn't tell me why they were rejected. And I'm saying, look, I met with the director of both departments. I don't know how far up I'd have to go. I don't know what to do here. Well, anyway, so I was rejected, and it has forced me into becoming part of the Collier County Boat Owners' Association to question this issue. Another thing that I found interesting, I was cited again about two months ago, and it's interesting because my citation says, structure to support canopy. That's what the citation says. Well, that's true, because we had a hurricane warning, and I took my canopy down just to save the public. That's what these things are for. They are not boathouses. I removed this thing so it would not be harmful to anyone, and sure enough I was cited for that structure. They call it a structure, that support system. Page 175 September 27, 2005 And that's all I have to say. I just think that we've got our terminology twisted around. I think there's some people that have kind of dug their heels in and feel like they're making other decisions, and that's -- that's all. I love Collier County, I love to boat, and I'm just trying to protect my boat. That's all I'm -- people put their cars in the carport, people put their horses in a stall, put your cows in a barn, fire truck in the fire station, but I can't put my -- I can't cover my boat. That's not fair. Enough. CHAIRMAN COYLE: Thank you very much, sir. MS. PILSON: The next speaker is Teri Purvis. MS. PURVIS: I wish to let my husband speak. MS. PILSON: The final speaker is John Purvis. MR. PURVIS: I know you people have a tough job up there, and I appreciate that. I've been a resident of Collier County since 1989, and I come to Collier County, and I like to be on the water. And obviously, the reason I'm on the water is to have a boat. And we decided in 1997 that we saved all our money to buy a boat and to have a dock put in, a PVC dock, nice dock, and we wanted to protect the boat, our investment. So we looked at canopy covers to cover it because of hurricanes. I didn't feel that the boathouse with the tiled roof and all that was adequate, or to take it down, it would blow up and blow back into the house and so forth, so we went with the canopy. The waterways that installed the canopy said, no permits needed. I called the county. I said, do we need to get a permit for this? He said, you don't need it. It's a canopy cover. Okay, fine. I had a permit with all the setbacks on the dock meet all the specifications, all the regulations, and the canopy was shown on the drawing overtop. And Good Priday, 2002, someone knocked on our door and says, you've got to take that canopy down. It's illegal. You've got to have it Page 176 September 27,2005 down. You've got to have it down Monday. I said, well, Sunday's Easter. You've got to have it down Monday. Ah, it's 20 minutes to take down. So I said, where's the law? He says, well, this is a structure. And I says, I'm a layman. I'm not an engineer and an architect. I says, across the waterway is a boathouse. It has a -- it has a tile roof and so on, so forth. And I asked the guy, what's the difference between -- that's a structure and mine's a canopy . Well, no; yours is a boathouse. Well, how much time will it take in the event of a hurricane to get it down quickly, to take that boathouse down? Well, he said, you'd destroy it. You'd have to take chain -- take the tile off, chain saw to take it down. I says, mine comes down in 20 minutes. That's why I have a canopy and not a boathouse. And so safety was an issue, and protection of my property and my boat is an Issue. And again, I was issued a citation prior to the land code development was interpreted. And it said, it'd be a fine of $250 a day, so I take that pretty serious. And I -- also I'm a member of the -- in the community I'm a member of the homeowners' association. We -- my wife is in real estate. This is our community. If we did something that would be derogatory to the community, why would we do that? That's our business. And I want to make sure it looks nice and I want to protect it, and that's what we put it up for. And I appreciate you taking the time to hear us today. I know it's a long day for you. That's all I have to say. Thank you very much. CHAIRMAN COYLE: Thank you, sir. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COYLE: Okay. Very well. We'll close the public hearing. MS. MURRAY: Mr. Chairman, for the record, if I may, I know you're in a hurry. I just -- a gentleman mentioned correspondence or Page 1 77 September 27, 2005 speaking with Mr. Ed Perico, the former building director. And I just wanted to enter -- and, again, I did not put this in the record previously only because it really -- this is a zoning and a use issue. This isn't a building department issue. But there is some correspondence here from Mr. Perico that talks about the requirement for a building permit and requiring that the applicant present documentation of planning department approval of the structure indicating compliance about the LDC provisions at that time. So I just wanted to put that in. CHAIRMAN COYLE: But that has -- really has nothing to do with your interpretation. What Mr. Perico told him in a side conversation has nothing to do with your interpretation; is that correct? MS. MURRAY: My interpretation deals with the definition of a structure and also deals with how that structure is allowed through the land development code and -- yeah. CHAIRMAN COYLE: Okay. MR. LENICK: Mr. Chairman, that letter postdated a lengthy time after a lot of people have been told they could go, and the letter was also something that's between her and the -- and Mr. Perico, and if she wanted to, quote, correct him, end quote -- and I'm saying that in quotes -- that was done subsequent to all of this stuff and after all of these people already put up their canopies. CHAIRMAN COYLE: I think I've made it clear that we're not going to consider that, okay? Any questions or comments by commissioners? COMMISSIONER HALAS: I make a motion that we approve the interpretation of the -- of the -- yeah. Let me get this together here. That we approve the interpretation that the person, Susan Murray, came up with. CHAIRMAN COYLE: So you're saying that the interpretation is Page 178 September 27,2005 supported by competent evidence? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Okay. Is there a second? I'll second it. Okay. Any discussion? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. And all opposed, by like sign? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3-2. The three, Commissioners Halas, Coletta, and Coyle voting in favor of the interpretation, and Commissioners Fiala and Henning are dissenting. COMMISSIONER FIALA: Now, does that mean that this will affect the entire county, including all of my constituents, like on Isle of Capri, Goodland, and so forth? CHAIRMAN COYLE: As far as I know it's a broad interpretation. It's not a specific situation, so -- COMMISSIONER FIALA: From here on in. Oh, wow. COMMISSIONER HENNING: We could give direction to make it a permit by right in the coastal areas of Collier County, boat canopy cover, and does not need a -- it has to go to the planning commission. COMMISSIONER HALAS: Yes, it does have to. COMMISSIONER HENNING: Well, I'm saying, we could give direction, Commissioner. COMMISSIONER FIALA: You're -- maybe different parts of the community would feel differently than other parts. And what he's saying is, maybe we could give some -- can we talk about this at Page 1 79 September 27,2005 another time? CHAIRMAN COYLE: Let's not stray too far from the point. You're talking about Ms. Murray's interpretation. COMMISSIONER FIALA: Right. CHAIRMAN COYLE: Okay. She's interpreted it based upon her understanding of the code. And I find no competent, substantial evidence which indicates she did not do it properly. COMMISSIONER HALAS: Due diligence, exactly. CHAIRMAN COYLE: Now, if -- COMMISSIONER HENNING: I'm not saying that. COMMISSIONER FIALA: We're not saying that. CHAIRMAN COYLE: Well, wait a minute, wait a minute. If you want to make the code specific to certain communities, then we should change the code. That's the way to do it. You can't do it by saying that the planning director made the wrong call, because what's happening is, she's interpreting the code. And if the code allows that interpretation and we don't like it that way, then our response is to change the code. MR. WHITE: You're absolutely correct, Mr. Chairman. And I think Commissioner Henning's point is well made in the sense that there ought to be, if the board desires, some indication -- and I think this is consistent with what the appellants themselves have sought through argument of counsel to have a public discussion, which would be what would occur in the LDC amendment process, about the appropriateness, or not, of some type of regulation that creates a further distinction between the type of a boathouse and accessory structure that is one made of some material other than that which would match the roof or which would meet other types of building code requirements. And if I take the commissioner's desire and that of Commissioner Fiala correctly, all we would need is some direction from you for the staff for the first cycle of next year to be able to bring forward that Page 180 September 27,2005 arguably in conjunction with whatever suggestion these good folks may have as well. CHAIRMAN COYLE: Okay. Well, along with that, it's important that the commissioners also understand that these provisions do not affect the City of Marco or the City of Naples. COMMISSIONER FIALA: No, but Isle of Capri and Goodland. And we have -- I guess our code enforcement director has said that they have more of these on Isle of Capri than anyplace else in the county . CHAIRMAN COYLE: Okay. Well, we've already said that-- COMMISSIONER FIALA: Now, will they get ticketed because of this? CHAIRMAN COYLE: It depends on the guidance you give to the staff right now. MR. WHITE: Yes, sir, and that's why I didn't think it's well timed as a legal matter that some direction be given so that the county manager's side of the house will have some way to know what level of prosecutorial effort they should put towards applying and protecting the code as it's written. CHAIRMAN COYLE: But I would prefer to break that into two different motions. MR. WHITE: Yes, sir. CHAIRMAN COYLE: One motion dealing with the appeal itself and another one providing guidance to the staff with respect to what they do with it, okay. MR. WHITE: Yep. CHAIRMAN COYLE: So now we have one motion that has already been passed, okay, 3-2. Now, is there a suggestion with respect to guidance for the staff to -- to bring this back in a public hearing and correct any defects in the code to meet the concerns of the commissioners? COMMISSIONER HENNING: Here's my direction, but I don't Page 181 September 27, 2005 want our county staff working on this -- or county manager staff working on this too much unless we have a supermajority here tonight, because that's what it takes to pass a land development code, so I'm going to throw out there to direct staff to allow canopies in the coastal area of Collier County -- well, let me just say just Collier County because there are some lakes that might come up later -- with some kind of uniformity, such as color and ambience and all those warm, fuzzy things that I think people are looking for. CHAIRMAN COYLE: You're saying a fuzzy cover? COMMISSIONER HENNING: No. COMMISSIONER FIALA: I think you better go on a break. CHAIRMAN COYLE: Yes. It's getting close to that time, isn't it? Yeah. COMMISSIONER HENNING: Just give them some guidance on bringing back to allow canopies. CHAIRMAN COYLE: Hey, you understand some of the commissioners' concerns; some of their neighborhoods might like these things, some do not like them. Give us some alternatives so we can deal with this, okay? MR. SCHMITT: Commissioner -- and we will. CHAIRMAN COYLE: Okay. MR. SCHMITT: Just so I can point out, on page 6 you have given us guidance in the past, at two different occasions -- it's in your executive. And we've been acting on that guidance. CHAIRMAN COYLE: Okay. MR. SCHMITT: And certainly I sense a change now, and we will do that. But that past two times we discussed this, once during the public petition or at least a petition by Mr. Davies and Mr. Mark Allen in regards to their boat cover and, again, during the boathouse workshop that we had March 16, 2004, we debated this issue extensively. COMMISSIONER FIALA: Right. Page 182 September 27,2005 MR. SCHMITT: But we will bring it back again. COMMISSIONER FIALA: But we ended it with saying maybe they would just want it in one particular area at that boathouse workshop. MR. SCHMITT: Yes, yes. COMMISSIONER FIALA: Okay. MR. SCHMITT: Yes, ma'am. CHAIRMAN COYLE: Okay. So you understand there's at least three nods here. MR. SCHMITT: We will bring it back. MR. WHITE: I note that you have a motion, Mr. Chairman. If you want to make it more formal, I think that will help the staff and particularly may help Commissioner Henning if there's indication that there's adequate support. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: I would just like to add that I think we need to look at the aesthetics of the issue through all of Collier County. So just to say that we want to put up canopies, I think there's a lot that we need to add into this to make sure that we look at this very objectively as far as the aesthetics, how it affects the view plain of neighboring neighbors on both sides, so I think those are issues that also need to be put into this equation -- CHAIRMAN COYLE: Let's not -- COMMISSIONER HALAS: -- before we proceed on. I think boathouses are adequate. MR. SCHMITT: That's all integral in what goes before the planning commission as part of the review for a boathouse. And if you want these to be considered under that category, we'll bring it back. COMMISSIONER HALAS: Yes, I do. CHAIRMAN COYLE: Okay, good. MR. SCHMITT: Yeah. Page 183 September 27, 2005 CHAIRMAN COYLE: Thank you very much. MR. SCHMITT: It's all part of the review. CHAIRMAN COYLE: Okay. Now, County Attorney, you were suggesting that it would be better to have a formal motion; why is that? MR. WHITE: I believe that the concern then, if there are four or five nods, then certainly I think that that -- and I don't mean to speak for Commissioner Henning in any way. CHAIRMAN COYLE: It solves his problem -- MR. WHITE: Yes. CHAIRMAN COYLE: -- because there's a supermajority. MR. WHITE: Yes. CHAIRMAN COYLE: There's at least four. MR. WHITE: Very good, sir. Thank you. CHAIRMAN COYLE: There are at least four nods here. COMMISSIONER FIALA: And my people won't be ticked or cited because of this now, will they, until we come up with some new wording that we can all agree upon? CHAIRMAN COYLE: Well, I hope they will. Can you single out her people and have them cited for this? MR. SCHMITT: Commissioner, we're just asking on past guidance. We've issued numerous NOVs. We've been withholding bringing any of these to the code enforcement board until this issue was decided. We will continue, based on your direction, to withhold any action by the code enforcement board. But I have to look to the county attorney on that to look back at this. MR. WEIGEL: Well, we'll look back -- we'll look back at you, but the thing is that the county attorney doesn't prosecute or not prosecute. I think the issue is the -- the issue is the issuance ofNOVs in the first place, because I think the concern is, we don't want to cite a bunch of people even if we put them in limbo, because once you get Page 184 September 27, 2005 the citation, you are concerned about this type thing. So I think what the board's looking for is, are we, in the meantime, with the direction that's just been given, not to cite any more and give assurance to those people that have been cited by notice of violation that they will not be prosecuted to the code enforcement board, but that they will be placed on hold. I think that's what we're looking for. CHAIRMAN COYLE: That is consistent with our past policy on other items of this nature. MR. WHITE: And I think there's -- CHAIRMAN COYLE: Ifwe have a pending change, a land development code change it has been our policy not to enforce. MR. WHITE: Certainly that's correct, sir. And I think the only other consideration that the board may want to give today is to the fact that there's pending litigation in regards to some of the appellants and their rights. And our office's advice, I think, in future meetings, both as to the NOVs and as to any change in regulation and, in fact, as to how we defend that lawsuit are things that we're going to have to consider separately. CHAIRMAN COYLE: Okay. But we need to get off this item-- MR. WHITE: Yes, sir. CHAIRMAN COYLE: -- and move ahead. All right? Mr. Mudd, let's go. MR. MUDD: Commissioner, that brings us -- that brings us-- well, there's a time -- CHAIRMAN COYLE: Oh, I'm sorry. We're going to take a 10-minute break. Be back here at 4:22. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. Page 185 September 27,2005 Item #14A REQUEST FOR LDC DEVIATIONS FOR SONA - SDP #7905, A REDEVELOPMENT PROJECT WITHIN THE BA YSHORE GATEWAY TRIANGLE CRA - APPROVED CHAIRMAN COYLE: Okay. Thank you very much, Mr. Mudd. We're going now to 7B; is that correct? MR. MUDD: Yes, sir, 7 -- excuse me. We have a time certain, SIr. CHAIRMAN COYLE: Time certain. COMMISSIONER HENNING: Yes. MR. MUDD: And this is item 14A, and that was supposed to be at 3:30. We're about -- we're about an hour late for those folks that are in the audience. CHAIRMAN COYLE: Okay. MR. MUDD: Commissioner, I will tell you that this is under 14, but it should be under the county manager's piece because you're acting as the Board of County Commissioners. You are not acting as the CRA in this particular regard, so I just wanted to make that clear. CHAIRMAN COYLE: Wait a minute. COMMISSIONER HENNING: I got 13. CHAIRMAN COYLE: This is actually 10D -- no. MR. MUDD: No, sir, 14A. Please go to 14A. That has to do with SoNa. That was a 3:30 time certain. COMMISSIONER FIALA: It says 14G1, yeah. COMMISSIONER HENNING: G 1. COMMISSIONER FIALA: That's all right. CHAIRMAN COYLE: 14A? MR. MUDD: Yes, sir. It used to -- remember I made a correction, said it was 14 one and it should have been 14A during the correction sheet this morning? It's on page 5 of 12 of your agenda. Page 186 September 27, 2005 CHAIRMAN COYLE: I don't have -- MR. MUDD: And it should be under tab 14. It says 14G1 on the top -- COMMISSIONER COLETTA: Okay. That helps. MR. MUDD: But it should be -- CHAIRMAN COYLE: 14G1? MR. MUDD: Yes, sir. CHAIRMAN COYLE: All right. COMMISSIONER HALAS: All right. Now we're ready. CHAIRMAN COYLE: Okay. MR. MUDD: Okay? CHAIRMAN COYLE: Now we're sitting as the Board of Zoning Appeals in this particular case or not? MR. MUDD: No, sir; no, sir. You're acting as the Board of County Commissioners. COMMISSIONER FIALA: Actually Board of County Commissioners, not CRA, right? MR. MUDD: That's right. This item to be heard at 3:30. It's consideration of a request for the land development code deviations for SoNa, SDP number 7905, a redevelopment project within the Bayshore/Gateway Triangle CRA. And I believe Mr. David Jackson is going to present. CHAIRMAN COYLE: Okay. David? MR. MUDD: Or is it going to be Mr. Clark Russell? MR. JACKSON: Both of us, sir. MR. MUDD: Okay. MR. JACKSON: David Jackson, Executive Director of the Bayshore/Gateway Triangle Community Redevelopment Agency. I'm here on behalf of the community redevelopment agency board that met on September 8th. And at that board meeting they had heard the SoN a proj ect, which is the old Thalheimer building proj ect, and they had some Page 187 September 27,2005 requests and discussion between the CRA board. The CRA board asked for this to come back before the Board of County Commissioners because when the CRA was created, it was given this immense amount of responsibility, but they don't have any authority to deal with the issues that SoNa has. So the authority comes from the Board of County Commissioners, and that's why it's presented here before you today, and they're here to discuss that. So the CRA board has talked about it and launched it over to the Board of County Commissioners, and the applicant will be represented by Mr. Clark Russell and -- for their deviations request on three different items. CHAIRMAN COYLE: Okay. Thank you very much. Clark, good seeing you. MR. RUSSELL: Good to see you. Thank you very much, County Commission, County Manager Mudd, as well. We appreciate the opportunity. For the record, my name is Clark Russell, representing two and three-eights, LLC, (sic), the petitioner on this testimony. We're all familiar with it. I will tell you that actually the project is still called SoN a because we believe in South Naples East Naples, the energy we're trying to infuse there, but the lounge will have a different name which will be unveiled on opening night, which hopefully will be -- hopefully will be very, very soon. We do have a couple of issues that we've already viewed; landscaping, which is in your packet. I don't want to take up a lot of your time on that. Basically we agree with staff comments. If they interpret that the quantity of landscaping is not being increased because the back half of this parcel, which you'll receive later in Mr. Hagan's presentation, if they believe that it is landscaping, so be it. Then in fact, we are using that area and we're not increasing the quantity, but as far as manicured landscaping, really creative stuff, where we've had Gale Boreman put together some wonderful plans. Page 188 September 27, 2005 We think we've made vast improvements, but it still won't meet the overall quantity aspects, and we seek that relief, which you have in your packet. Item two, for stormwater. It is what it is. We know that the Gateway Triangle area has these issues. We all know it. There used to be a lake; it's gone. It never did much anyway. There's not a lot of . . engIneenng. Our proposal, first, does no harm. In fact, it increases the engineering and the infrastructure in the area toward a common stormwater system, and that's what the area needs in order to achieve redevelopment. We have met with your consultants. We have met with your staff. We have spoken to the South Florida Water Management District. Pretty much everybody agrees, if you reconstitute that lake or if you require everyone to have their stormwater on site, you're simply not going to be able to achieve the vision that the CRA and the advisory board community desires, and that's that wonderful streetscape of new buildings and economic vitality. They're simply conflicting parts of the code. Mr. Chris Hagan will do a presentation, brief, on all the engineering and the really smart stuff to explain our case to you. We are available for any comments, any questions. We would like the chance to respond, Mr. Chairman, after county staff has made any statements or any presentations as well. Do you have any questions of me right now? COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER FIALA: Second. COMMISSIONER HALAS: Yes. I have some questions. When you were in the process of purchasing this land, did you look at the aspects of stormwater and all the other problems that you were going to run into? Page 189 September 27,2005 MR. RUSSELL: Absolutely. We did full due diligence. COMMISSIONER HALAS: And how were you going to address the stormwater issue since, I believe that this property is below level, to start with? And I think that the way you're going to handle this stormwater issue is just to push it out into the street at the present time. MR. RUSSELL: Currently, sir, the plan is -- and Mr. Hagan will have more details. We did meet with water management people, we did meet with county staff and your consultants to discuss what needs to be done for this parcel, but also for the area that equals a meaningful redevelopment so that the big financial contribution that this is making to the area creates something that's going to last a long time. And with that infrastructure, our pipes are actually going to start flowing the water, which currently just uses gravity and winds its way, you're right, to the street. We're going to connect to the pipes that are underneath Commercial, so we're actually utilizing the existing stormwater system. Now, where that system goes if it becomes part of a system of lakes or discharge into another body of water, that is yet to be designed by your staff and some consultants. COMMISSIONER HALAS: Okay. I guess I'm going to wait for the staff to see how they're going to address this. I have no issue with the landscaping. I think we can work that out. And I think that you talked about having valet parking or something, so that -- MR. RUSSELL: Correct. COMMISSIONER HALAS: -- probably would be taken care of. My main issue is that we have a continuing problem with stormwater in that particular area. And I don't feel comfortable. I'll wait till staff gives their presentation before I make a decision on which way I'm going to vote on this, but I can assure you that stormwater is the utmost importance in this proj ect. Page 190 September 27,2005 MR. RUSSELL: And it is to us. We want to be good neighbors. In fact, one of our pipes actually runs underneath our property, because of the current gravity flow, so that when we create a higher parking lot, the U-Haul to our west won't flood and back up. Additionally, we're actually adding infrastructure that will connect to a system which we believe needs to be designed in the future. We have spoken to the number one and two guys up in Ft. Myers at the water management district who say, this is, to me, a reasonable process because it doesn't make it perfect -- I concur, sir. We can't do perfect. This is urban infill redevelopment. But we can make it better, and that's how we get the energy going, we get the redevelopment moving in the area. CHAIRMAN COYLE: There is a motion on the floor, by the way, by Commissioner Henning to approve. Commissioner Fiala has seconded it. Are there any questions by commissioners concerning the motion? Any discussion? COMMISSIONER HALAS: Are we going to hear from the staffs side in regards to this issue of stormwater? CHAIRMAN COYLE: I'm going to leave that up to the motion maker. Commissioner Henning? COMMISSIONER HENNING: I think Commissioner Halas deserves a little bit of explanation. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: But, Commissioner, I think you already have his answer is, we've been buying up property in this triangle to facilitate stormwater improvements, and it needs to be, like was stated, it needs to be developed. COMMISSIONER HALAS: I'd like to hear from staff to let us know where we're at on this issue. CHAIRMAN COYLE: All right. Page 191 September 27,2005 MR. RUSSELL: Mr. Chairman, if I may, could we -- for our consultant's presentation, this may answer some of the questions as well. It's up to you on time. It's eight minutes long. He practiced very hard. COMMISSIONER HALAS: I'd like to hear from staff. CHAIRMAN COYLE: Commissioner Halas would like to hear from staff. I'm going to give staff three minutes, and I'm going to give the consultant three minutes. MR. KUCK: For the record Tom Kuck, engineering director-- CHAIRMAN COYLE: Start the timer. MR. KUCK: -- county engineer. Our concern is that the project as submitted does not meet South Florida Water Management's requirements for water quality or water quantity. And South Florida delegated that authority to Collier County that we can review projects 40 acres and less and no projects that have environmental issues on it. So the only way that my staff would consider approving it is if they get the approval from South Florida Water Management since they delegated that authority and we're bound to meet their requirements. And if South Florida reviews it or we can turn it over to South Florida Water Management, that's an option we have. COMMISSIONER HALAS: Okay. MR. KUCK: But our analysis of the project, it's not standing alone and they're not providing the necessary requirements. I understand there's going to be a redevelopment district. But is that two years from now, five years, or 10 years? I just want to bring it to everybody's attention that there is a drainage problem in that area. CHAIRMAN COYLE: Yeah. That's -- I think we know that, too, Tom. MR. MUDD: Commissioner, if I could help Tom for just one second. Have we still got three minutes? How many seconds have we got? MS. FILSON: You have one minute and 39 seconds. Page 192 September 27,2005 MR. MUDD: Good. Commissioner, on 3 October I plan to take the stormwater staff and the -- part of the engineering staff along with David Jackson and myself, and go up to the Fort Myers South Florida Water Management District talk to them about our consolidated plan for the triangle, try to lay that out to them and let them see what we have so that when we get projects like SoNa that come forward, that we can get them to agree that they'll let us approve it or they'll approve it based on the plan. Now, that will probably mean that we'll have to get into an agreement with the South Florida Water Management District to execute that plan. And so we'll work on that, and hopefully we'll be able to move things forward. CHAIRMAN COYLE: Yeah, I understand what you're saying. I understand your concerns and why you can't approve it. The -- the point -- I think a couple points need to be made. It's not going to be any worse than it is right now; is that true? MR. KUCK: They're creating a little bit more of an impervious area for the rear parking lot. I mean, it might be a minute amount, but some of the area that was pervious before is now going to become impervious. But, again, that will be negligible compared to the overall size of the district. CHAIRMAN COYLE: And the stormwater problem is really a stormwater problem that involves the entire mini-triangle for the most part, and much of it is the responsibility of the county to resolve; is that a fair statement? MR. KUCK: That's a fair statement. I might even add that, was it two years ago, Jim, that we met on several projects out there. And it was brought to our attention, and I think Jim said they're going to have to create some type of a district, because this project isn't the only one that has problems with flooding. CHAIRMAN COYLE: Yeah, that's right. You have to stop talking now because your light has gone red, Page 193 September 27, 2005 okay? But I can continue to talk. When you go to talk with Southwest Florida Water Management District about this, what -- will it help you any, if you agree with them, to have a separate procedure for approval for properties within our CRA? MR. KUCK: Yeah. I think with the special redevelopment areas CHAIRMAN COYLE: Okay. Good. MR. KUCK: -- that we could adopt -- and they would go approve different criteria, realizing that, you know, it's going to take several years to develop. But, meanwhile, if they could go ahead if it doesn't have a real, real impact on the neighborhood. CHAIRMAN COYLE: Okay. Well, I just -- I understand your concern. You don't want to give water management district the idea that you're just disregarding standards. And if you can confine -- if you can you get some flexibility for the CRA area and if they will agree to that, that will solve this particular problem, right? MR. KUCK: That's right, yes. CHAIRMAN COYLE: Okay. Thanks, Tom. Commissioner Halas? COMMISSIONER HALAS: Yes. I just -- I'm going to be very brief here. My concern is, when we look at each one of these redevelopment areas, the diminimis water that is coming off of these areas, obviously, is going to add up, so I'm hoping that we just don't look at this as saying, it's negligible, no problem, because as we start to redevelop this area, if we don't address the stormwater issue, then we're going to have some real problems, because each portion or -- of redevelopment in regards to the stormwater issue. The diminimis part will start to add up and will mean something -- be an -- end up being a heck of a big impact in that area. MR. MUDD: Commissioner, I'm going to have to convince the South Florida Water Management District that we have water quality Page 194 September 27,2005 ponds that we're going to create with land that we own -- and we've already purchased some properties, and this board approved those in the past. And there will probably be about five more acres that will come forward to you to make this all -- this project come to fruition as far as the water quality piece is concerned, and then we can move it out underneath of either Davis Boulevard or 41 to get it into the canal structure. CHAIRMAN COYLE: Okay, good. Thank you very much. Okay. Let's have a brief presentation. Let's -- have we answered everybody's questions concerning this, Commissioner Halas, or you want -- COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Do you need further presentation on this to -- COMMISSIONER HALAS: Well, the gentleman's here and he's got three minutes. We might as well give it to him. CHAIRMAN COYLE: Okay. All right. MR. RUSSELL: I will take 30 seconds of that, and I'll introduce you. We have spoken to Bill Foley and also to Jackie Ripp, who have explained to us that currently there is that permit for Collier County where the county administers the water management. The city does the same thing. There is no special permit yet for the Gateway Triangle area. If we were to apply to them right now, we do not trigger their review. We're not 40 acres. We have no wetland issues. All they're going to do is send us back a letter of no notice, meaning we don't have to go to them. But we will if that makes you feel better. If that reassures you, we have spoken to them, I think we can -- I'm positive we can accomplish this. If there is an approval today, which we certainly hope there is, and it is contingent upon us meeting with them and their answer is that Page 195 September 27, 2005 we need to go through that review process, we will commit to going through that review process. But I am so confident that they know that you have the authority to manage this, like the City of Naples does with all of its solutions for all of its redevelopment, the parking deck on 5th Avenue, all of those properties do the best they can to improve water quality. But still, ultimately, discharge into lakes, any system, and eventually into the bay and the gulf. This has been done. There is precedent. I believe you actually have the authority to approve this. But if we could have that contingency, I would greatly appreciate it. Mr. Hagan? CHAIRMAN COYLE: We really don't have time for your presentation now. Clark has taken all of your time. MR. HAGAN: I'm not surprised. Good afternoon, Commissioners. My name's Chris Hagan with Johnson Engineering, for the record. Where we are is we're in a situation where the county staff has definitive rules on redevelopment -- or on development that don't apply to a redevelopment project. In the city and in other areas, the water management district has stepped in and asked for just water quality to be provided. When we prov -- we made this as a first pass presentation to staff, and they weren't amenable to that. They asked for something a little more definitive that would be closer to addressing the concerns. That's when we came up with this off-site proposal. If all we need to do is provide water quality to the water management district standards, we can come up with a plan to that degree. The problem is, is the staff doesn't feel -- and I'm speaking for you in this case, so correct me if I'm wrong, Tom -- that they have that authority to follow just the district's rules because of ordinance 90-10 in the land development code. So if there is an agreement between the district and the county Page 196 September 27, 2005 that we can utilize their water quality only requirements, then we're going to need some relief from those other aspects of the code that reference water management. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yes. I could see Jim Mudd was in Commissioner Halas's office before he was in mine, because I got the same briefing. But when Jim and I talked then, I figure there's nobody better to know about water -- about stormwater management than Jim. And I tasked him with going to these people at South Florida Water Management District. I said, this is the thing you need to do. We don't want to violate anything. We want to keep our trust with them, but we need to put together a plan for the triangle that would be workable, not only for this development, but for all of the other redevelopment parcels that will be coming along so that they then work into one good cohesive plan to handle the stormwater. And Jim said, I'll do it. And that's exactly what he's going to do, and I'm sure that he will be very successful with it. So I thank Commissioner Halas for all his concern. I, too, had the same, so did Jim Mudd, and Mr. Mudd will be going there to handle that. Thank you. CHAIRMAN COYLE: Okay. We have a motion on the floor. And further questions 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. Page 197 September 27,2005 CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Thank you very much. Item #10D APPOINTED LOBBYIST FIRM J. KEITH ARNOLD & ASSOCIATES FOR PROFESSIONAL STATE LOBBYIST SERVICES TO REPRESENT COLLIER COUNTY - APPROVED Now we have another time certain, don't we, for four o'clock. We're gaining on it. We're only 45 minutes behind schedule now. COMMISSIONER FIALA: Which one is that one? CHAIRMAN COYLE: It's on 10D. MR. MUDD: Commissioner, that -- yes, sir. And that has to do with the -- to be heard at four p.m. It's a recommendation to, one, consider three lobbying firms as reviewed by a staff selection committee that responded to an RFP 05-3883 for Professional State Lobbyist Services; two, choose one of the finalists to represent Collier County; and, three, authorize the county manager to negotiation a contract with the selected firm. Ms. Debbie Wight, assistant to county manager, will present. MS. WIGHT: Good afternoon, Commissioners. You have the executive summary. And in your attachments you have the proposals by the three firms. Selection Committee meeting was held on Friday, September 16th. And after review, scoring, and discussion of the 19 proposals, the top three firms in alphabetical order are as follows: Bryant, Miller & Olive; J. Keith Arnold & Associates; Pennington, Moore, Wilkinson, Bell & Dunbar. And what we'd like you to do is you'll hear a 10-minute Page 198 September 27,2005 presentation from each of these firms, and then you'll have five minutes to ask them questions. And you have the forms that Mr. Mudd passed out to you. And following the three presentations and your question and answer period, if you would rate them one, two, and three, we'll collect those, and then we'll tally up the ratings, and then you'll have a -- you'll have a decision, hopefully, this evening. Do you have any questions on the selection process or anything? (N 0 response.) MS. WIGHT: Then we'll start with -- the first is Bryant, Miller & Olive and Cari Roth is the presenter. MS. ROTH: Good afternoon, Commissioners. It's great to see you again. I am Cari Roth with the firm of Bryant, Miller & Olive. The firm is currently disclosure counsel for the county, so we have some familiarity with your infrastructure projects. And I helped out Mr. Weigel with your sheriffs budget appeal for a little while before you all settled that, but it's good to be here. I want to tell you a little bit about who we are and what we've done, and then kind of talk a little bit as time allows about the issues that I think are coming up, and then obviously you'll have a chance to ask me some questions. I am Cari Roth. I've been actually in the legislative process since 1979. Started out as an intern and then as an OPS employee, and I've been doing this kind of a strange combination of land use and lobbying work for 23 years. We probably originally -- I met some of you originally when I spent four years at the Department of Community Affairs as their general counsel and worked with you and your staff as you went through the -- all of your comprehensive plan amendment changes. Weare a team. It's not just me. We have -- along with me, we have Suzanne Van Wyk who, unfortunately, couldn't be here -- well, it's fortunate for her, but she just started maternity leave, so she could Page 199 September 27,2005 not make it here with me today. She'll be back by the time -- she promises me no later than January. I first met Susan when she was staff to the Senate committee on community affairs. She was their staff attorney. And then when I went over to DCA, she was working at DCA. She was a critical -- she was our critical lead person on all the building code legislation that went through, so she has -- she has legislative experience both as staff to the legislature and as a lobbyist for a state agency. She also has worked for Leon County and so has a lot of in-depth knowledge about the issues that counties face. Barbara Auger is also a member of our team. Barbara also served for four years in state government with two state agencies. And between us we've had a lot of experience with -- in critical roles in measuring pieces of legislation. For me, growth management. Before when I was in private practice, we -- I was a critical person in special district legislation, fire district legislation. Suzanne, I told you, has handled the building code issues. Barbara Auger handled service first and a number of other initiatives for Department of Business and Professional Regulation and Department of Management Services. So one of the things that I would encourage you to consider as you consider all of these very qualified firms is that you're really not just hiring a lobbyist to work with the legislature. You're working -- you're working, I would imagine, hiring a lobbyist to work with all the state agencies and the governor's office and all the cabinet officers as well. And so between us we have a lot of great contacts with the agencies, a lot of knowledge about agency practice. Part of what I pride myself in and our firm in is our reputation. People have very different styles, and there's no one right style. I think our reputation is one of hard work. And people understand that they can rely on our word. And when I go to them and I say, this is -- this is somebody's Page 200 September 27,2005 position, or this is -- this is what the law is in the area, I think there's a level of trust, based upon 23 years of work in this area, that this is a person that will tell it straight. We also are a firm that have clients that are primary local government. And between our bond finance practice and what I'm doing on the land use side -- which is a mixture of both private and public. But the bulk of the firm is local government, and so we understand local government issues. Weare not a firm that has a clientele that gives us a lot of big campaign dollars to distribute. I think our success has been built by creative hard work, and that's kind of who we are. You know, we -- success is -- in this business, is also built on relationships, and we have very good relationships throughout the legislature with your legislative delegation here in Collier County, with the staff of the legislature, which is very critical to success in this process, and, of course, with agency personnel. We have experience and success with budget issues, local bills, and all the kinds of things that, you know, potentially can come your way. It's, I think, a very good time for the county to get involved. I think there's a number of issues coming up that will be, I suspect, a lot of interest after watching the press from down here for the last couple years. There's a big growth management bill this last year. Both the House and the Senate have identified a glitch bill as one of their priorities to pass this next year. There's an impact fee task force that I've been following on behalf of some other clients that will report to the legislature before next year. Eminent domain has risen up as a pretty big issue since the Kilo decision out of the U.S. Supreme Court. The House has a select committee on that, and the Senate judiciary committee is looking at that as well. Page 201 September 27, 2005 Ad valorem tax issues are always going to be up there. Once again, we expect to see a proposal for a portability of the Save our Homes limitation on assessed value increases and allow people actually to take that with them as they get to another home. But I see I've got time left, but I really don't need to talk anymore, so -- I know that's rare for a lawyer, but -- CHAIRMAN COYLE: Commissioner Fiala wants to talk now; is that okay? MS. ROTH: Okay. That's great. I do better with questions. COMMISSIONER FIALA: Can you tell me who our personal representative will be from your firm? MS. ROTH: I would be the lead person. But we work as a team, and in my experience -- we currently represent Charlotte and Manatee, did some work for Sarasota last year and hope to continue on with them. It is far too much ground for one person to cover, but I coordinate all of our activities, make sure that we're covering all the committee meetings and keeping our clients apprised of your work. COMMISSIONER FIALA: Okay. Did you help to craft that SB360? MS. ROTH: Yes, I did. COMMISSIONER FIALA: Well, being that we have an opposing views on some of that bill, how would you support our views if say, for instance, another one of your clients was in favor of SB360 and we had problems with it; how would you be able to support both? MS. ROTH: Well, first of all let me clarify my role in Senate Bill 360. I mean, I think every -- every lobbyist on any issue sometimes ends up having something in a piece of legislation that they're working on that they're not particularly happy with or proud of. And it's a -- you know, just like your process here is a process of give and take. As far as conflicts going forward, I think it's a real important Page 202 September 27,2005 issue to discuss. I think truly any lobbyist worth their salt potentially has some conflict issues out there. Currently legislatively we represent Charlotte, Manatee, and I hope to continue to represent Sarasota. We also represent Likes Brothers, which is a big rural landowner, not here in Collier County, but they are interested in growth management issues. That has not been a conflict issue that's come up with Manatee or Charlotte Counties. There has not been a problem there. In the -- just so that there's full disclosure, I do do some legal work for some of the developers that practice here in this county. Done some work for Barron Collier and doing some work for Bonita . Bay, but they don't -- they don't -- we don't represent them in front of the legislature. So there -- I guess my advice to you on conflicts is that there's always the potential that it may come up. What we've done -- what we've been able to do with our existing county clients is, those conflicts have been avoided by communication really between the county managers. Those folks talk and they really have been on the same page and that's, of course, a saving grace for me. But that's how we handle it. Is there a potential for something to come up where I can't sit -- where I have to say, I have a client that's on the other side of an issue, there's always that potential with anybody with the level of experience that you're looking for and the clientele. CHAIRMAN COYLE: Who was next, Commissioner Henning or Halas? COMMISSIONER HALAS: I was, I think. CHAIRMAN COYLE: You were? COMMISSIONER HALAS: Yeah. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: How do you -- how do you presently feel about impact fees since you represent a couple of large Page 203 September 27, 2005 land developers or owners? MS. ROTH: First of all, I'm not representing them on impact fee issues at all, so my representation on impact fees has been for the -- and I'm following the impact fee task force for the three counties that I told you that we represent. And they're all kind of watching this process pretty carefully. I think at the end of the last legislative session they felt that maybe this is the time to negotiate some parameters for impact fees, whether it's, you know, accountability measures -- I think everyone is very concerned, and they were vociferously fighting the impact fees issues, and I was -- and I was the lead on that last year, successfully, I might add, but -- COMMISSIONER HALAS: What's your feeling about the growth bill? They call it growth management. We call it the growth bill. What's your take on that in regards to if it -- if it -- if you had to take a side in regards to representing the developers or representing the counties that you represent? And I think you said you represent three at the present time; is that correct? MS. ROTH: Right. And I don't -- I don't represent the developers legislatively. COMMISSIONER HALAS: You don't represent the developers legislatively? MS. ROTH: Correct. COMMISSIONER HALAS: Do you have any other conflicts? Can you tell me what major special interest groups that your firm at this present time represents? MS. ROTH: No. I think I've told you about all of them. COMMISSIONER HALAS: Okay. So when it would come to a decision of whether you were going to represent Collier County and the citizens in Collier County, where would your allegiance be in regards to Collier County or the other counties that you represent versus some of the developers that you represent? Page 204 September 27, 2005 MS. ROTH: First of all, I don't -- I think one of the things that you -- the way that I handle these issues -- and they come up all the time. They don't come up in the sense of a conflict. They come up with decision points within the legislative process. And I inform the clients, and I give them advice about -- you know, with the -- with my knowledge of what's going on politically, you know, that may have nothing to do with the merit of the issue. But, you know, part of my job is to inform my clients about what's going on politically. If we got to a point that two of my clients had opposing positions on a thing -- on an issue, then I would have to recuse myself from that issue. COMMISSIONER HALAS: Okay. So we could be assured that the citizens here in Collier County then would have some protection if you felt that you had a conflict of interest, that you would immediately step forward and state that; is that correct? MS. ROTH: Absolutely. COMMISSIONER HALAS: Okay. MS. ROTH: Absolutely. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I did see you at the Impact Task Force Committee. MS. ROTH: Yes. COMMISSIONER HENNING: Have you participated in other committees in the recent past? MS. ROTH: Well, I've been back out in private practice for almost two years now. So if that was sort of the time period that we're looking at since I've been back representing folks in the legislature other than the state agency, yes. I mean, we follow all the legislative committees. This particular time we have a whole bunch of task forces and commissions that were created by last year's legislation that we have been following, so usually I'm everywhere. COMMISSIONER HENNING: And you have assisted writing Page 205 September 27,2005 law, actually participated in writing laws in the past? MS. ROTH: Yeah, I think that that's probably one of our strong suits, really. I think -- you know, like I said, there are a lot of different styles. But maybe it's my legal background, but I've always been a lobbyist that likes to give folks options, and rather than coming in saying this is what I want, in a theoretical sense, I come in and say, here's what I think will work and give them an actual choice, an amendment or whatever that I think will work. COMMISSIONER HENNING: But do you recognize that our strongest lobbyist is our delegation, local delegation? MS. ROTH: Absolutely. They're the ones that push the buttons. And I have to say, if it were not for Dudley Goodlette, there would probably be impact fee legislation passed last year. COMMISSIONER HENNING: So I guess my final question is, how well do you work with our delegation? MS. ROTH: Very well. Of course, Mike Davis was very involved throughout the process last year on growth management issues, and Dudley Goodlette as well. And your senator, Senator Saunders, I've known and worked for him a long time. I've been doing this for 23 years, and we're -- some of us, and your other choices here today, have all been at it a long time too. So we're the constants, and the delegations change, and I make it my point to make sure that I work well with everybody. One last comment about the conflicts issue. A lot of large counties or counties with a lot of issues will actually end up hiring a team of lobbyists. Part of that is to make sure that they maximum their contacts with critical legislators and sometimes to make sure that they've got somebody that can always take up an issue if there are conflict issues because, like I said, they just come up with any lobbyist worth their salt. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COYLE: Okay. Anyone else have any questions? Page 206 September 27, 2005 Ms. Roth, I have a couple of questions, and they pertain to how-- what process do you use to make sure that your clients are well informed and have the opportunity to respond to bills? And I will specifically address the impact fee legislation which seemed to pop up out of nowhere and get ahead of steam without local governments not really even knowing about it. How would you -- MS. ROTH: See, you should have had a lobbyist and you would have known about it. CHAIRMAN COYLE: I think you're right. We sort of thought we'd hear from our legislators about it, but I guess that doesn't always work. How do you solve that problem? MS. ROTH: Well, let me tell you how -- what we do to communicate, and I think communication really is important to any successful client relationship, no matter what the activity is. But I think it's really critical here because things move very quickly. In the impact fee legislation, there was actually legislation filed, and it had stalled out very well in the House, but that didn't stop the Senate from continuing to put new versions in the growth management bill. So that -- you know, the -- what we do is -- well, let me just lay out what we're doing for Charlotte County. In about a week and a half I'll be down there going over what I -- what we expect to see as issues this year, having them set their legislative priorities. And what I encourage them to do is -- you know, not everything can be a priority because we can't be everywhere. You know, pick the kinds of things that are particularly important to you or where you feel like your association lobbyists are maybe not as capable or just can't tell your story as well. So you set your properties. And then I have a key contact person who's the -- in Charlotte's case is the assistant county manager, and I will -- we will shoot bills to her as they are filed. Say, please review these. You know, this might have an impact. And so she's our point person. She distributes those Page 207 September 27, 2005 around the county staff and asks for -- asks for review. If I've got something that comes up quickly, she's my point person. And I say, I need an answer on this really quickly. But I don't get to make the policy decisions. You guys make those. CHAIRMAN COYLE: Okay. Thank you very much. Appreciate you coming down to talk with us. MS. ROTH: Thank you. COMMISSIONER HALAS: I had one other question. CHAIRMAN COYLE: I'm sorry. Commissioner Halas? COMMISSIONER HALAS: When you were up at the conference Friday, or the workshop up there -- MS. ROTH: Yes. COMMISSIONER HALAS: -- with regards to the committee that was formed by the governor, and when you listened to the feedback from other county commissioners and other special interest groups in there, what is your take on where the counties might stand now in regards to upcoming legislation that will address impact fees? Do you think that we -- your observation, do you think that we gained any ground, or did we lose ground, your observation? MS. ROTH: Well, I think the Association of Counties is going to maintain their traditional position of -- that no legislation is needed. I think -- I think that this -- the issue of infrastructure funding is going to be a huge issue, whether it's done this year or in the next coming years, but I really see actually a kind of a perfect storm coming about this, because you've got, you know, the class size amendment, which is putting a huge burden on school construction, you've got school concurrency coming out of this last year's legislation, a requirement that you have financially feasible capital improvements elements by 2007. And all that means to me is there's going to be more money needed. And so I think the fighting's going to start about who pays and when they pay. And I've been trying to make that point to Page 208 September 27,2005 everybody involved in the impact fee legislation, that they can't consider that in a vacuum. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: I do have one more question. That prompts me to ask a question. And this really probably has less to do with the interview than just picking your brains a little bit with respect to your experience with the Department of Community Affairs. But why is it difficult, so difficult, to convince people in Tallahassee that the counties have different problems and there are different solutions that could be applied to solve those problems with respect to infrastructure? Why can't we have something that recognizes that? What's your personal view on that particular issue? Why must we mandate a cookie cutter growth management bill on all 67 counties in Florida without recognizing the very real difference in needs and solutions? MS. ROTH: Well, I -- there's a good part of the growth management legislation that allows some local flexibility in how the implementation is made in terms of why have the -- why do the counties keep facing the threat of impact fee legislation. I think the counties are doing a pretty good job right now of educating the task force and other decision makers that every county is different, your revenue streams are different, your infrastructure demands are different, your growth is different, ad nauseam. So I -- at least not out of task force. I'm feeling a little more confident after last Friday that they're not going to impose kind of a singular methodology. But I have to say, and you may not like to hear this, but we've got to break down some of the communication walls between legislature and local government, because I think that -- and I've actually sat down with Chris Holly, the new director at F AC and encouraged him to have a F AC mission to have every county commission sit down with their delegation and go over your adopted budget, because there's Page 209 September 27,2005 a lot of misinformation out there. You know, they think that you guys are raking in the money because of increases in appraised property values and that you're misspending the money. So they need to understand -- and that's -- I mean, I've heard -- I've actually heard legislators say that on record, not many. But to me it says that they don't know what you do, they don't know what you do with the money. And, you know, maybe I'm a -- you know, you don't do this work if you're not an optimist. So I'm an optimist that maybe that kind of co-education would work. CHAIRMAN COYLE: Okay. Thank you very much. MS. ROTH: Thank you. MR. MUDD: The next firm to present -- go ahead. MS. WIGHT: J. Keith Arnold. MR. ARNOLD: Thank you, Ms. Wight. Obviously, I want to thank all of you for the opportunity to speak to you today, and certainly I've enjoyed a wonderful relationship with you over the last several years. The opportunity to work with you has been an enjoyable one. I enjoyed doing a few thing for you this session and look forward to the opportunity to work with you again in the future. F or the record, my name is Keith Arnold, and I'm here on behalf of our firm, J. Keith Arnold & Associates. And I'd like at first to acknowledge my gratefulness to the rank with the competition that we have before us today. I got to meet Pete Dunbar in 1982 when he was already a member of the legislature and I had just joined, and he was a fiery debater from Pinellas County and certainly, in many respects, a mentor. He certainly has established a great firm in Tallahassee, and he would do well for you. And, likewise, Cari and her firm -- I've known Cari, actually believe it or not, Pete, a little bit longer. We went to law school Page 210 September 27, 2005 together. And I, too, started in 1979 in the legislative process. I, too, started as an intern and have never left Tallahassee in the intervening years working continuously in the process in one way or the other. I had the pleasure of meeting her named partner at one time, Governor Farris, who no longer is with us. And they have an equally prestigious firm in Tallahassee. This commission would be served well by, I think, any selection that you may make. I'd like to introduce you to Mr. Leland Taylor. He's joined our firm. Actually has been with us, then left to go to law school, and just graduated from law school and passed the bar, and now has to sit for the ethics portion of the bar, I might add, and he's come back to work with us in Tallahassee. He does hail from Southwest Florida and has worked for our firm on and off for five years. Also working for us will be Mr. Brett Bacot. You've met him before. He intended to be here today, was getting ready to drive down here, went to bed last night and woke up with the flu this morning, and has been pretty much incapacitated throughout the day. And you've met him or worked with him in the past, and certainly we look forward to working with you in the future should that be your decision. Our firm also employs contract lobbyists where appropriate on various issues, and we do that for a lot of our clients, and presently we have two contract lobbyists engaged. The decision to select a lobbyist is not necessarily an easy one. There are many bills in Tallahassee, many issues to deal with. It's hard to believe in the course of a two-month session, the legislature will decide on almost 3,000 bills, tens of thousands of amendments, and your issues, our issues, sometimes tend to get lost in that process. I think it's important to reiterate a little bit about what Cari suggested to you, and that is, it is an all-encompassing process, it has to involve team work, it has to involve you, effectively, lobbying the legislature, alongside of your local delegation, and it has to involve us. Page 211 September 27,2005 And I think that we can only be effective as long as the team is effective. And when there's a breakdown in communication, it becomes very difficult. Lobbying does not begin with the legislative session. And, perhaps, this is what I would offer as a distinction that we bring to the table. Lobbying begins, really, in this community, as soon as tomorrow. You'll convene tomorrow at nine o'clock a.m. in a joint session with the Lee County Commission here in Naples, and you will decide how to implement the Southwest Florida transportation authority. CHAIRMAN COYLE: What time did you say that was? MR. ARNOLD: Nine o'clock. Supposed to be on your schedule, Mr. Chairman. CHAIRMAN COYLE: We'll still be here. MR. ARNOLD: You may be. And so lobbying is a year-round process. It's a process of working the delegation, working the members of the commission. Not only lobbying through past bills in the legislature, but working to implement them. And tomorrow we will begin the process of the implementation of a bill that's taken two or three years to pass, has been massaged at the direction of Representative Davis to meet some of the issues that you were concerned about, has been massaged by him to deal with some of the issues the Lee County Commission was concerned about, and is finally, in my judgment, has been worked out where you can begin the process of moving forward on that bill. Likewise, next Monday morning, you'll meet in this very room with the Collier County delegation to begin the process of deciding what bills you want to entertain to either support or fight against in the upcoming legislative sessions. And so what I think that we're able to do is be here with you, work with you. And sometimes that's good, sometimes it's a little bit difficult, but at the same time, we're here, we're local, we spend a lot Page 212 September 27, 2005 of time with you on these issues, and these issues are our issues because we live them each and every day as well. When I look forward to the upcoming legislative session, I can see two or three things of critical importance to this county. Certainly the governor's principal objective in the next legislative sessions, I would submit to you both potentially a special session and a regular session, is healthcare reform. The Medicaid bill and the proposals in Tallahassee have tremendous fiscal impacts in the State of Florida, and potentially, potentially, on local governments. Certainly the governor would like to see more restrictions placed on those who receive Medicaid benefits, and he would also like to, presumably to see, and has suggested as often is the case, that local governments pick up a bigger share of the Medicaid pie. I can assure you that if the legislature moves in that direction and picks up -- and requires of local governments to pick up and shoulder a bigger responsibility in Medicaid, it is a never-ending deep, dark hole that you cannot afford. Forget the infrastructure issues. When you become part of the Medicaid payers, you become the deep pocket that other governments, I think, would ultimately look for to help resolve some of the issues. You'll see those initiatives principally in the area of long-term care. That's generally the area the legislature has suggested that local governments pick up a higher portion of the costs, and you'll also see it, to some extent, in rural care. You have water quality issues and Everglades restoration issues. We sit at the very base of what is the largest capital proj ect going in America. Well, what was, unfortunately, until the occurrence of Hurricane Katrina, and that is Everglades restoration. Ten to 11 billion dollars will be spent on Everglades restoration, and it will have a dramatic impact on the environmental quality and the water quality of Collier County. The water we receive in the Page 213 September 27,2005 Gordon River, the water we receive in Fakahatchee Strand, the water we receive in the 10,000 Islands, will all be byproduct, will all come forward from these projects, the SURP (phonetic) projects that will be initiated by the South Florida Water Management District. It is critical for our own environmental needs to pay attention to that project, be a part of that project, be a voice in that project, as the federal, state, and local governments move forward. You also saw this year a tremendous need for beach restoration. What Hurricane Charley did in -- to this community. And even though we weren't an area that was directly hit by Hurricane Charley, there was a major amount of damage done to our local beaches. And fortunately we were successful in getting $20 million to help with beach restoration in Collier County this year. Presumably you will be looking for additional funds because of the effects of Katrina. Interestingly enough, even though Katrina hit a long way from our shores, the backwash effect had the effect of beach erosion in Lee and Collier Counties, and I could imagine us moving forward on those projects. Nothing probably is more important locally than growth management and impact fees. Certainly you've made your voices known to those of us in Tallahassee, to your local delegation, and to others. Clearly this is going to be a major issue in the upcoming regular session, potentially in a special session, although I don't necessarily see that. And I would submit to you, from my standpoint, the legislature is trying to develop a one-size- fits-all strategy for growth management and impact fees in the State of Florida. And that's very, very difficult for local governments. It's very difficult for a community like Collier County where you've really been on the cutting edge of developing growth management strategies and impact fee strategies. And I would respectfully submit to you that the overall impact of this bill will ultimately negate your ability to manage growth and to Page 214 September 27,2005 pay for growth the way you want to in this community. And I would also submit something else that you don't have to look very far from our borders here to ultimately see that one size really probably doesn't fit all. If you look at just two neighboring counties, two, Miami/Dade to the east and Hendry to the northeast, can you -- can we honestly argue in Tallahassee, can we honestly make a coherent argument that the local infrastructure needs of Hendry County and of Miami/Dade County and of Collier County are identical and ought to be implemented with the same identical financial strategy? And I would tell you, that's preposterous. It's -- in the final analysis, the effect of these bills is to tie your hands somewhat. And I think the Florida Association of Counties did a tremendous job this year in pulling together the communities of this state to fight that bill. I would like to say in closing, thank you for the opportunity to speak to you. These issues are my issues too. I live here. My family has been in this community for over 150 years. My children go to school here. I care passionately about these issues, as you do, and hopefully we'll have the opportunity and look forward to the opportunity to work with you in the future. CHAIRMAN COYLE: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes, Mr. Arnold, I have a number of questions here. How many full-time employees do you presently have in your firm? And what is -- do you think is your potential growth for future employees in your firm? MR. ARNOLD: Well, I would describe us as a boutique firm. We're probably more representative of most of the lobbying firms in Tallahassee. You have the extreme, the Holland and Knights with maybe 1,000 members or so, and down like us, with three, four, or five members. Specifically to your question, we have three full-time employees right now, and I have two contract lobbyists in addition to those three Page 215 September 27,2005 employees. COMMISSIONER HALAS: Okay. And how many other counties do you -- does your firm represent? MR. ARNOLD: We represent currently only one other county, Lee County. COMMISSIONER HALAS: Since you live in Lee County and since you represent Lee County in lobbying, how would that fit into the equation if we decided to use your firm to have Collier County being represented? Would there be a conflict? MR. ARNOLD: I think that's a very good question, and I think Ms. Roth answered it quite well when she said that any lobbyist worth their salt generally has the potentiality of conflicts, ultimately because of multiple clients. And presently we have about 10 clients, and certainly the potential of that exists. I would say that on the areas of growth management and impact fees and the transportation authority, I don't see any conflict between the five elected officials in Lee County and the five elected officials here. Having said that, that's 10 elected officials who often find themselves in sometimes politically contentious situations. Sometimes they even find themselves as opponents of each other for the legislature, as we saw in the last couple years. The potential for conflict is certainly there. COMMISSIONER HALAS: Do you represent any special interest groups? And how many? MR. ARNOLD: Depends on how you would define special interest. I would define you as a special interest. COMMISSIONER HALAS: I'm looking like FPL or maybe the Realtors of Florida or the building industry of Florida or things of this nature. MR. ARNOLD: No. Our practice is pretty much limited, Commissioner Halas, to local governments, healthcare entities, private not- for-profit organizations, and educational institutions. Specifically, Page 216 September 27, 2005 we do not represent any developers. We do not represent any builders. COMMISSIONER HALAS: Okay. My other question is, with your limited resources of people -- and I don't mean this as a detriment MR. ARNOLD: Right. COMMISSIONER HALAS: -- I'm wondering how well the lines of communication will be open if we need your assistance or need your direction in regards to a particular issue that may be coming up in the state legislature. MR. ARNOLD: I think in many ways, Commissioner, that I have demonstrated my openness and availability to my clients in the past, and certainly, certainly, to all of you. You each have my cell phone number, you each have my home number. One of the commissioners called me from vacation this year about a particular interest. Another commissioner has called my home at night to try to understand a couple of issues. I try to make myself available to you as much as I possibly can. Does our firm have unlimited resources? Absolutely not, and I'm not going to sit here and tell you that we do. We are a niche firm. We are probably more typical of the lobbying firms in Tallahassee. But I think because of that, we really focus on our niche clients, people like you. COMMISSIONER HALAS: My final question is, what's your working relationship with David Rivera, Mike Davis, Trudy Williams, and Senator Saunders? MR. ARNOLD: Well, it always varies between all those personalities, and I'm not going to get overly specific in that. But I will tell you that all of those individuals I've worked with, worked with well. You have a very good delegation. Obviously it's no secret that, unfortunately, on the transportation authority and on a local -- on the local growth management bill, it put Page 217 September 27,2005 you and one of the members of your delegation in a very awkward situation. And by extension, it puts me in an awkward situation. And we've tried -- we have addressed that. I think that we've handled it -- both of us have handled it as professionals. But when this commission is opposing legislators, as is your prerogative, and I would argue, as is your obligation when the need arises, then it does put all of us in potential situations of emotional conflict. COMMISSIONER HALAS: That's what I'm getting -- so there might be a possibility of a conflict? MR. ARNOLD: Well, not -- to the extent that you agree with local delegation on everything they do, there's not a possibility of a local conflict. To the extent you take opposing views of the local delegation -- which you did. You did something that I've never seen a county commission do before. You took an ad out in a local paper, as I recall, a full page ad, and said, we don't agree with our legislators on these issues, call them. And you put their name and you put their phone number, and you stated in the ad why they were wrong. That creates difficulties for us to deal with in Tallahassee. CHAIRMAN COYLE: Get used to it. COMMISSIONER HALAS: Thank you for your candidness. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Mr. Arnold, when's the last time you've been to a committee meeting? MR. ARNOLD: I was in Tallahassee two weeks ago. COMMISSIONER HENNING: Okay. That's when you were at a committee meeting? MR. ARNOLD: We were at committee meetings in Tallahassee, yes. COMMISSIONER HENNING: Okay. Have you ever assisted in writing law? MR. ARNOLD: Absolutely. Page 218 September 27, 2005 COMMISSIONER HENNING: When's-- MR. ARNOLD: I've written many laws and assisted in writing many laws. COMMISSIONER HENNING: And that was when? MR. ARNOLD: Well, I mean, just as recently as this year. I mean, it depends -- I think it's important to -- COMMISSIONER HENNING: That's fine. MR. ARNOLD: -- to understand the subtleties of what Ms. Roth was suggesting to you. There may be a hundred-page bill and our client may be only interested in one or two paragraphs in that bill. Do we have a role in shaping and molding that paragraph? Absolutely. And we did that many times in the context of last year's legislative seSSIon. But when I was a legislators -- legislator, excuse me, we wrote the entire law. But that's not a vacuum without the input of many other people. And I think I would tend to suggest to you that this is more of a collegial process -- COMMISSIONER HENNING: I have more questions. MR. ARNOLD: -- than a unilateral process. COMMISSIONER HENNING: And we have limited time, thanks. I'll be brief. Healthcare is going to be a big issue. You've worked for Lee Memorial for a number of years. They have been unsuccessful on getting funding legislation, which you've helped them with. MR. ARNOLD: Specifically for? COMMISSIONER HENNING: Well, for the hospital's needs and the funding. And what was proposed was to put it on the backs of local government. And it sounds like that might happen again. Which master can we serve? MR. ARNOLD: Well, let me -- let me take issue with the question itself. First of all, I think we've been very successful in getting funds from Tallahassee, and I think you're referring to the Page 219 September 27,2005 trauma center in Lee County and Lee Memorial Hospital. I think in many respects the failed local referendum led to our success because keep in mind, while we were having our local referendum in Lee County on this issue, Orange County was doing the same thing. And the combination of those two trauma centers almost closing led the legislature, over a period of two years, to find funding sources for trauma. Are they adequate? I would argue to you, they're adequate. But since we've begun that process, and if you remember the local numbers, the trauma center in Lee County was losing approximately $10 million a year. The legislature stepped forward immediately, immediately, subsequent to the failed referendum here and funded half of that. So annually right now the legislature's paying $5 million to fund trauma. And just this past year the legislature passed, and the governor signed into law -- COMMISSIONER HENNING: Just -- last question. MR. ARNOLD: -- another bill to fund trauma. COMMISSIONER HENNING: The board's always supported the transportation authority, Southwest Florida Transportation Authority. Lee County supported it. You had some problems with it and had Commissioner Janes bring those issues up. Do you think, looking back at that, that that was a wise decision, or should you have worked with the legislation member to correct that? MR. ARNOLD: Well, again, to make sure that the record's-- record's clear on this, the Lee County Commission voted against that transportation authority in the year you referenced. This board never took a vote one way or the other, it left us in a situation where one board opposed the authority and one board collectively, collectively, did not take a position on it. Individual members of this board did, but the board -- the board, to my Page 220 September 27,2005 knowledge, never has taken a collective decision on the transportation authority . But having said that, I went to Representative Davis, Representative Davis came to me, and we immediately began to work on compromises subsequent to that initial year, which have manifested themselves in the bill you'll deal with tomorrow. COMMISSIONER HENNING: Okay. What's going to happen in the future, Mr. Arnold, when we're very supportive of something and you were our lobbying firm at that time -- individually, we thought something was good. What are we going to do to resolve those instead of something -- killing something? MR. ARNOLD: Well, I think that's a very good question, and I think it goes back to the communications, making sure they're open between us, making sure they're open between the delegation members, and making sure they're open to your neighbors to the north. That was a particularly difficult situation when one commission voted against the bill and said, we don't want any part of it, and this commission did not vote one way or the other. So it put me in a situation -- and I can remember the day, I can remember -- I can probably go back in my calendar and find the exact time that I came down here to Collier County to brief your staff on this particular bill. They were concerned about it, as was I. The staff in Lee County was concerned about it. They took it to you. I took it to you. And this board, in -- which is well within their purview, decided that they didn't want to take a hard decision one way or the other on that, where the Lee County Board made an altogether different decision. And so it presented a difficult situation, clearly. But specifically to your question -- COMMISSIONER HENNING: We'll do it the same way? MR. ARNOLD: No. Specifically to your question, we have to keep the lines of communication open a little bit more, make sure thate Page 221 September 27, 2005 the members are brought in earlier and try to work things out sooner. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Will you have somebody personally represent us, or will we like travel between the members of your firm? MR. ARNOLD: No, no. I would be the lead for you, Commissioner Fiala, as I always have been. COMMISSIONER FIALA: Okay. And you already answered one that I was going to ask. So here's my last one then. How would you represent us if both Lee County and Collier County were vying for the same dollars? MR. ARNOLD: Well, that's a big pot. I don't know that I see that. I see the other issue which Representative Henning brought up as a more typical potential conflict between the two counties. COMMISSIONER HENNING: Thanks for the elevation. MR. ARNOLD: Yeah. These -- I mean, there's a big pot of money in Tallahassee, and that pot of money -- I mean, there's -- you have every county, every city, and many other entities vying for same dollars. If Lee County needed beach renourishment dollars and you needed beach renourishment dollars, you're not really competing against each other. You're just trying to get your share of the pot basically. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Mr. Arnold, how many years have you represented Collier County? I don't think it's been every year. MR. ARNOLD: No. It was three years, and then we took a two-year break, and then this year you hired me specifically on beach restoration issues and to give you some independent advice on growth management issues. Page 222 September 27,2005 COMMISSIONER COLETTA: One thing I can say that's very favorable of the service I've seen, is that during all those years, the five years I've been on the commission, there's never been a time that we, myself and other members of this commission, went to Tallahassee that you weren't there to assist us, whether you had a contract or not. And for that I want to personally thank you. MR. ARNOLD: It's been my pleasure. COMMISSIONER COLETTA: And even this year where you were just hired to do beach restoration, you managed to get us into many different offices, which I appreciate, and you got to help me meet with Senator Bennett, who's been one of the main problems for us on the impact fee. Didn't understand his point of view then and I still don't now, but at least I got to meet him face to face. One of the things, it was mentioned about your connection with Lee Memorial. And I personally am quite familiar with that because I serve on the advisory board for the -- MR. ARNOLD: Trauma, regional advisory task force and trauma. COMMISSIONER COLETTA: Right, for the trauma center. CHAIRMAN COYLE: Is there a question? COMMISSIONER COLETTA: Yeah, I'm getting to it. And during that time, you were -- I don't recall any time that you were supportive for local taxes so much as you were working for a lobbyist with them in Tallahassee to try to secure funds for them; is that correct? Or maybe I missed something. MR. ARNOLD: That task force, nor I, nor the board of Lee Memorial, nor the administration of Lee Memorial has done anything over the last several years, since the failed referendum, but support initiatives in Tallahassee for additional funding. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Good. Thank you very much, Mr. Arnold. Page 223 September 27,2005 MR. ARNOLD: Thank you. CHAIRMAN COYLE: How are we doing on break time? Are we okay? You all right? Another four hours? MS. WIGHT: Okay. The next firm, Peter Dunbar, representing Pennington, Moore, Wilkinson, Bell & Dunbar. MR. DUNBAR: Thank you, Ms. Wight, Mr. Chairman, Commissioners, thank you very much. It's a pleasure to be here. We're honored to be among this group of well-qualified individuals. They are experienced, they are qualified, and both Cari and Keith are friends. And so, you will be well served on whatever choice you make tonight in my judgment. What I would like to do in my allotted time is to tell you a little bit about Pennington, our approach to the representation that we think you're asking for, and some of the assets, both tangible and intangible, that we think we could bring to that for Collier County. First on the firm. Pennington is a firm of -- actually the RFP says 34 professionals. We actually have two young men who sat and were sworn in after passing the bar, so we're now 36. Firm's main office is in Tallahassee. There is a Tampa office of the firm that has five lawyers in it. And of that group of 36 professionals, there are 11 of us that focus on governmental affairs related matters. If we had the opportunity to represent Collier County, we would assign a team of at least four people. Currently, based on what information we have and things that we know and things that we see on the horizon, that would include myself, Mark Delegal, who happens to be one of our specialists, both in the appropriations process and particularly with regard to this Medicaid push that has become a major problem for local governments because there is an effort to try and get counties to pick up a substantial portion of that. And for one of our other clients, we've already experienced that and have been working on it. Mark has been our lead. Page 224 September 27, 2005 Third person would be Sam Bell. Sam is a former colleague of mine in the House. He served 14 years as a member of the Florida House. Ten of them I served with him. He also, during that time period, was chairman of the appropriations committee. And as I'll get to in a minute, understanding that process and how it works is important. The fourth person would be Martha Edenfield, and Martha is one of our environmental and land use specialists. And for many of the reasons that you were discussing with Ms. Roth, we think her unique dimensions are appropriate. In addition to that, we routinely cross-register as to our clients so that if there is a unique dimension that one of the other team members has, they are available to Collier County as the need dictates. We have experience both legislatively and in the executive branch of government. I think I mentioned that we have -- two of us have served in the legislature. There's actually a third member of the team who spent 10 years in the legislature. We have several general counsels of departments, myself included, chief of staff in the governor's office, Department of Environmental Protection, and in other locations, and we understand how the executive branch agency works, and it is important to a successful legislative session. Particularly when you're looking for money and have to work your way through the system, with Governor Bush today, in particular, being able to effectively work with the executive branch is important. And ultimately our success is -- our objective is to be successful for you. Here's the approach that I would recommend to you and what we would routinely do, and it would be first to help the commission and the staff isolate on the priorities that are important to you. For our other clients, we do this at least once a year where we would issue here in advance of the session going, okay -- and I've listened tonight, Page 225 September 27,2005 so I already know what's on your mind to some degree. But what you wouldn't want to be doing, I don't think, is taking your individual resources from Collier County and creating them and doing a function that you would already be expecting from F AC from your dues paying. So you want to tailor those missions and help create the agenda that's most important and the priorities for Collier County, that done with the senior staff and with the members of the commISSIon. I might parenthetically note that there were a couple of questions here earlier -- and one of the advantages of batting cleanup, gives me an opportunity to comment on those. And I apologize to both Cari and Keith for having that advantage, but I'm going to take advantage of it anyway, and it would be this: There are times when you will not necessarily be in step with F AC. We have had that experience in particular with Pinellas County in the Article V funding arguments where we found it necessary to take Pinellas, Hillsborough, Dade, and Orange, and move to a big county coalition so that the lead negotiators on the implementation of the new Article V funding would not leave some of the larger counties with a disproportion share of what they thought they should pay. So there are times when your priorities may not be as high on the F AC's list as you would like them to be, or are more important to you locally, and that would certainly be one of the things that we would try to help both develop and make sure that we were good advocates for. As I mentioned, we try to do everything in a team approach. I think that was an emphasis that both of the preceding speakers made, particularly in appropriations. They meet at the same time on the same day at both ends of the hall. You need to make sure you've got that coverage complete, and there are reasons to be among the leadership caucuses throughout the 160 members throughout the legislature, so you want to try and make sure you've got your ears in multiple places at multiple times so you know what's coming up that Page 226 September 27,2005 might be unexpected or that may be intended to do harm to you. I mentioned that we work in teams. We try to make sure that our team leaders -- in this case it would be our intention that I would be your team leader -- would not be handling more than five or six major clients at any given session. And I'll be happy in question and answers to give you the ones that are currently on my list. As I mentioned, everyone is available as we need it, but those team leaders are the priority to that five or six clients to whom they are most responsible. And finally, as a part of our approach, communications is important. We will tailor design the communication link, but at the very least, I think you should be expecting from us, either through your administrator or your county attorney or whatever your communication link is by preference, that at least weekly during the legislative session, you are getting a full package of bills and bill status by title on things that we have identified. Now, for all of the senior members that are a part of our legislative governmental affairs unit, myself included, is I am reading every bill as it's filed by title at the very least, and creating anything that has from your -- from our dialogue -- and some of it's obvious if it relates to local government. We're putting that on a tracking list for you. Now, you may be doing that internally, and some of our clients already do do that, but we're doing that as a function and are prepared to share that with you and do it on a regular basis. The other thing that we particularly do when you have a lot of balls in the area during legislative session that you care about, is we would recommend that there be a periodic conference call usually once a week, also to keep current on those things, and then, of course, e-mails on a daily basis or an hourly basis, particularly in the last couple of weeks of the session. Regular reporting is the bottom line there, and it's very important. Page 227 September 27, 2005 What assets does Pennington bring to Collier County that you might not otherwise find or that may not be in quite the same dimension? Let me try to categorize them generally this way. We know this process among this team. We know how it works, we know the people in it, and particularly when we're dealing with funding, there are a number of procedural steps that will either have it fall out in the legislative process or when it gets to Governor Bush's desk, it will not survive his veto pen. What the next governor will be like, I can't speak to you, but he has been very aggressive in that regard. I think we know the people and the staff that support them in both Houses, in both parties, at both ends of the hall, as well as knowing your own legislative delegation, working with them well and knowing them well. But for you, you know them well, too. You may not know Joe Negron in Martin County or the next appropriations committee chairman in the House who happens to be from St. Lucy County, and that's representative Stan Mayfield, but it's our business to try to do that for you and to anticipate who those people are going to be. And then there is the intangible of why they want to interface with us and why they want to deal with it. Part of what we do -- and it's a necessity of the process -- is we are very involved in campaigns. We send teams our to walk door to door for candidates, we consult with them, and we provide financial resources for them. In this next giving cycle that will conclude in the November elections of 2006, individually and through our firm clients, we'll move almost $2 million, and that's particularly important with Eight is Enough. As my time runs short, there is a very important element that I want to conclude with, and it is, be innovative and be creative. And I'm kind of hoping, Commissioner Henning, you will ask me about writing laws, because that would have been my cleanup if I had not Page 228 ---,-~~,,_._----.,'_., .",.......-"~"- September 27,2005 run out of time in doing it. But two things that you want to be aware of. The storm damage that has occurred both in '04 and '05 is giving us a sales tax surplus. There will be some money there for innovative pots of nonrecurring funds and potential. And the other is, we talked about the impact fee commission. And one of our clients asked if we could help -- which is really direct part of our lobbying effort -- to see if we could not help him be a member of one of those commissions, and so we did go to Speaker Bense, and he did selected Commissioner Stewart from Pinellas County to be a member of that commission. So it's that type of creativity that we would like to offer to you, I apologize for going over my time, and thank you for letting me have it. CHAIRMAN COYLE: Thank you very much. Commissioner Halas? COMMISSIONER HALAS: Yes. I have a number of questions. I've read the information that you provided to us, and I'm concerned that I'm not sure how we would fit into the equation -- first of all, how many counties do you represent? MR. DUNBAR: Three, I believe. COMMISSIONER HALAS: Three. Okay. And can you tell me what counties they are? MR. DUNBAR: Pinellas, Dade, and V olusia, I believe. COMMISSIONER HALAS: Okay. MR. DUNBAR: And again, I can look at the list. I knew you might have a series of questions, and I tried to open my client list so I'd be able to respond. Again, in my world, my priority would be to you. COMMISSIONER HALAS: My concern is -- MR. DUNBAR: Yeah, I understand. COMMISSIONER HALAS: -- and the question is, you seem to Page 229 September 27,2005 represent large metro areas. And I'm trying to figure out how we, as a mid-sized county, would fit into the equation of being well represented. MR. DUNBAR: I don't think size has -- is the issue. I think, with all due respect, the question would be, if you have priorities give them to me and let me implement them. It doesn't make any difference, big or small. We have previously done work for Walton County, which has similar issues, probably smaller than you are. We have been brought on board to help with Sumter County. We have done those in specialized times. They do not have the resources to maintain full-time presence in Tallahassee and don't. But when they needed us, they came to us, and we provided them with the resources that they needed. COMMISSIONER HALAS: Okay. When I look at the list of clients that you presently represent -- and you only represent three counties, as you stated -- I'm concerned that there'd be a tremendous conflict here when I look at Florida Association of Realtors, I look at FPL, I also look at, I think, State Farm Insurance. You represent a lot of insurance companies. And I'm wondering if some of these enterprises, if there would be a conflict. MR. DUNBAR: Actually, Commissioner, we definitely do represent those, and proudly so. I am not aware of any prior conflicts with any local government issues for the ones you named. There are two on there, however, where I do anticipate a conflict could arise. COMMISSIONER HALAS: And what are those, sir? MR. DUNBAR: And one would be BJ. Allen Company, which is a retail provider of fireworks, and that is an issue between local governments, both cities and counties at this point. I'm not -- as far as -- I'm not aware any of pre- filed legislation at the moment, but I do think that is a potential one. And the other one there that I think in the past, although not Page 230 September 27,2005 recently, has been an issue is Florida Outdoor Advertising Association. In looking it over, those -- and we tried, in response to your RFP, to identify where those might occur. And those were the only two that we could identify. COMMISSIONER HALAS: I don't mean this derogatory, but as I read the information that was provided to me, I felt that your firm might be a little on the stuffy side as far as our needs in regards to the requirements that Collier County is looking for. And I had some concerns about -- obviously you're very successful at lobbying because you were able to spend $2 million to get certain individuals elected in areas, and I want to know a little more on that background. And how that would benefit our particular interests here in Collier County. MR. DUNBAR: Yeah. Commissioner, that's a very good question, and I'll be happy to answer it. One of the things that we do for those clients who want to participate financially is to try to facilitate an understanding of who the candidates are, how they stand on their issues, and then to try and help coordinate that. We did stand with Representative Davis as co-host of his fundraiser in Tallahassee when they were there for committee hearings. I think Representative Davis, although I don't agree with him on every issue, is an outstanding member of the legislature. And so when I was asked to help do that, I had no hesitancy on calling my clients and going, I think Mike Davis deserves your support, and many of them did do that. COMMISSIONER HALAS: And who else did you represent? Could you give us maybe a list of a couple more that you represented in regards to lobbying to have them reelected? MR. DUNBAR: Actually, most of the sitting members of the legislature we have supported in one way or another. COMMISSIONER HALAS: Okay. MR. DUNBAR: That's my job. My job is to make sure I'm Page 23 1 September 27,2005 effective and I pick winners. And we -- I think with rare exception we don't do very -- we don't miss very often. COMMISSIONER HALAS: I'm surprised that lobbyists would get involved in the political portion of this as far as getting people reelected. I would think that you would want to be involved in the interests of the particular people that you represent in assisting them, such as Collier County, to make sure that the funding is -- you know, gets back here to where it belongs. MR. DUNBAR: Absolutely, Commissioner. And when I walk into a member of a legislator's office and I have four or five clients that I deal with and they look at me and they go, that's the guy who helped me raise money, it doesn't make any difference if I happen to be asking for one of my several clients who make no contributions, they still know that they have to deal with that intangible element, and I think it does provide a benefit to Collier County. And if you think that there isn't a lot of money that flows through this process, let me just pause and simply say that the incumbent Republican leader to be speaker next will maintain a leadership fund to help his members get elected of over $10 million. And in the democratic party, I think that Dan Gelber will probably raise at least $4 million. That is -- like it or not, it is how the process works, and we do participate in it aggressively because I want them to know that my people care and my clients care, and I want you to -- not to point my finger at you, but I -- and I do. And we do other things. I mean, I have taken a leave of absence from my firm on more than one occasion to run a statewide race for governor, and one of your sitting House members happened to be my staff when I made that race. COMMISSIONER HALAS: So could I make an assumption that this is kind of the good-old-boy policy? MR. DUNBAR: With Eight is Enough, there is no good-old-boy policy. It's good new boy or good new gal policy, and you better find Page 232 September 27,2005 the good ones as they come out. And I had someone in my office yesterday before I came down here who I think will take a vacant seat out of Miami. I happened to meet him when he was a deputy general counsel in Governor Bush's office, and I -- you try to recruit them ahead of time. You really do need to do that to stay ahead of the curve. If you do not stay ahead of the curve, the curve will stay ahead of you in my judgment. COMMISSIONER HALAS: What's your feeling on how you would vote on the growth issues and impact fees that are now facing the 67 counties here in Florida? MR. DUNBAR: I will be a voice for my client on where they want me to be. I have no preconceived notion there, although I have a pretty strong feeling on where I know you would be, and I also think I know where my current client, Commissioner Stewart, will be. COMMISSIONER HALAS: And you also represent the Board of Realtors, I believe, so I'm -- MR. DUNBAR: Yes. Actually Gene Adams from our office is -- actually this is not a Realtor's issue. This is really a Florida home builders issue. They're the ones that drive this issue. COMMISSIONER HALAS: Well, they're also involved in the equation, too. MR. DUNBAR: We -- but we do do work for the Florida Association of Realtors. Gene Adams is formerly the executive director there. He has been retained under contract. His primary responsibility for them is to make sure that the affordable housing program stays afloat and alive. COMMISSIONER HALAS: I'll turn this over to somebody else. I don't want to take all night. CHAIRMAN COYLE: Oh, thank you. Commissioner Henning? COMMISSIONER HENNING: Sir, I think you answered that -- Page 233 September 27,2005 those questions eloquently. The only way that you're going to get in a door of a legislator, I think, is what you're doing. By making sure -- by telling them that we want you in Tallahassee because we think that you're a good lawmaker. Your application, I find, was easy to follow; it had nice flow. If you want me to ask the question -- you've already answered it in your application, in how much involvement you had in bill writing and getting bills passed. The only -- just a clarification. On the proposed cost is 5,000 a month. And it says, not to exceed 6,000 a year, and I think it should say 60,000? MR. DUNBAR: Probably should, yes, sir. COMMISSIONER HENNING: Yeah. That's what that means. COMMISSIONER HENNING: Thank you for pointing that out, Commissioner. CHAIRMAN COYLE: No. That says reimbursable fees. COMMISSIONER HENNING: Actually I don't have it in front of me but-- , MR. MUDD: That's reimbursable. They -- basically it's 5,000 a year times 12 gives, that gives you your 60 plus 6,000 in reimbursable. All the candidates go anywhere from $65,000 to $72,000. So the cost ratio between the three -- CHAIRMAN COYLE: But this is the only proposal that we have that put a cap on the reimbursable-- COMMISSIONER HENNING: Right, exactly. CHAIRMAN COYLE: -- expenses, which is impressive. Good. COMMISSIONER HENNING: Yeah. You know, I've been following the others, and I was wrong to do that. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: And you did it right and -- oh, well. Do you want me to ask the question about the -- Page 234 September 27, 2005 MR. DUNBAR: Well, I want to just point out two creative things, which may be applicable because I think they will be -- there are some things that I believe are very unique about Collier County, its base, its gross, its population. And just by example, when we were facing a situation legislatively about a bridge in Clearwater, we changed the law to create a different definition for obsolescence. And today, they opened last month, a $14 million bridge. I think there is great opportunity working with the water management districts, and we've had great success out of the Tampa Bay area. We have built a desow (phonetic) plant, an above ground reservoir, created a recyclable distribution water systems. This year we came home with $4 million of downstream augmentation as a resource. Those are unique opportunities. I am sure they are here in Collier County. I may not know what they are as I stand here today, but with your help I can find them, and then I think we can find creative solutions that will make you different than the others, and we'll -- I think we can convince the legislature to invest in those opportunities because they will be the example of how to do things right. Because there are lots of good things that go on down here in Collier County. COMMISSIONER HENNING: And you're absolutely right, we shouldn't be following F AC's tail on issues. We know where they're going to stand on impact fees, and we know where they're going to stand on bill 360. And I know it's very important to us, but our focus should be getting the funds, and we need, in my opinion, a lobbyist's help to do that and not to help us lobby our delegation, like has been done in the past, or help us -- what we need lobbyists for is to help assist our delegation to make things happen because they are really working for us. Thank you. MR. DUNBAR: Thank you, Commissioner. Page 235 September 27, 2005 CHAIRMAN COYLE: Commissioner Fiala, you don't have anything to say, do you? COMMISSIONER FIALA: Yes. Has anyone in your firm ever lived or worked in Collier County? MR. DUNBAR: No, ma'am. COMMISSIONER FIALA: Okay. And will it be difficult for you, if you were the one chosen, to get up to speed with issues that we have? MR. DUNBAR: No, ma'am. COMMISSIONER FIALA: Okay, there. Is that good? MR. DUNBAR: And by the way, I may have been a little -- I meant to make this comment earlier. We have a lot of local government experience. I am a former county attorney. I mean, I understand local government work, so actually -- COMMISSIONER FIALA: That's good. Thank you, thank you. CHAIRMAN COYLE: Thank you very much, sir. MR. DUNBAR: Mr. Chairman, thank you. CHAIRMAN COYLE: Appreciate it. MR. DUNBAR: Members of the commission, thank you very much. MR. MUDD: Commissioners, if you would -- and we're going to take a break. I can watch her fingers and they're slowing down. I would ask you to take those grade sheets in front of you and mark the firms. The first firm, the one that you prefer, mark it with a one, the person that comes in second gets a two, and the last firm gets a three. I will take those sheets from you, I will compile them at break, and then I will put them on the overhead, and then we'll continue this discussion. MR. WEIGEL: And Mr. Chair, I would add, make sure that each of your sheets are either initialed or have your name on them so they have individual identification. MR. MUDD: They do have their names on them. Page 236 September 27,2005 CHAIRMAN COYLE: Yes. MR. WEIGEL: And, in essence, what you'll be doing is tabling this item and then bringing it back off the table afterwards. You take a motion to table after you have performed your function of -- CHAIRMAN COYLE: You can do this in 10 minutes, I presume? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. We're going to take a-- 10-minute break be okay for you? Then we're going to break for dinner pretty shortly. COMMISSIONER FIALA: Do you take these now while we're gone? MR. MUDD: Yes. CHAIRMAN COYLE: We'll be back at 6:10. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. Deb, did you give those back to the commissioners? MS. WIGHT: Yes, I did. CHAIRMAN COYLE: Commissioners, the first thing I'd ask you to do is make sure that we've got your scores on the page correct, and I think we do. I went down each one and we double checked it a couple of times, so you should see your numbers exactly like you have on your code sheet. What I did after that was over is basically go across the row, add the priority numbers up, and that's when you get low number wins at the end, okay? Bryant, Miller & Olive, practicing attorneys, came in at 12. That was the high number, so if you went with that particular one, they came in third. Keith Arnold & Associates came -- had a score of -- composite of 10. That puts them in second place. And Pennington, Moore, Wilkinson, Bell & Dunbar, practicing attorneys, Page 237 September 27,2005 basically had the low score at eight, and they had three one votes from commISSIoners. I did that as a way to get -- to at least show you how it turned out as far as the priorities are concerned. You do have three one votes, and there is a majority in that particular item. We'll open it up for discussion, but I believe you have, based on motion and second, you probably have a majority vote. CHAIRMAN COYLE: I think -- I think the only fair way is to proceed with the results of this voting. I think if we were to debate it now and try to change people's minds it would be somewhat unfair. I think we to have go with the numbers. MR. MUDD: Yes, sir. CHAIRMAN COYLE: I would like to say one thing. The two, maybe three most important issues facing Collier County are growth management impact fees and cost shifts, like Medicaid, to our communities. And so if Pennington, Moore, Wilkinson, Bell & Dunbar are going to be the selection, I'm merely saying to you that I preferred Keith Arnold because of his commitment on those issues and his passion to stop things that he thinks are unjust for the counties that he represents, and I would hope that you would -- would have a little bit of that passion and see if we can't reverse the trend that seems to have been started in Tallahassee, so -- Commissioner Coletta has something he wants to say. COMMISSIONER COLETTA: I'm so sorry to interrupt you. I think it's the lateness of the hour. I totally got the score backwards. I took three as the high number and one as the low number. And I don't know what to do or what to tell you now, but -- CHAIRMAN COYLE: It's too late now. We've already rung them up. You start changing your numbers, we're going to start changing our numbers. COMMISSIONER COLETTA: Well, I'm telling you where I am Page 238 September 27,2005 with it. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: The highest number as having the highest value. CHAIRMAN COYLE: Well, I don't know what to do with that. COMMISSIONER FIALA: So actually one was Keith Arnold? COMMISSIONER COLETTA: One was Keith Arnold for sure. I had no doubts about that at all. And then three would have been where the one was. I don't know why I can't reserve the right to have that changed to the correct matter. I mean, we're after six clock. COMMISSIONER FIALA: He should be able to do that. COMMISSIONER HENNING: I want to change mine then. COMMISSIONER FIALA: Well, you can. COMMISSIONER COLETTA: Why not? COMMISSIONER FIALA: We can have a second vote. CHAIRMAN COYLE: Oh, this is not nice. COMMISSIONER COLETTA: It isn't nice, but I'm telling you right now that the value that was put on that, I misunderstood what it was until I looked at it and I was trying to figure out why some other commissioners were in the same range as I was when they seemed to be very positive, and it took me a minute to figure it out. But I figured three is the high value. COMMISSIONER HALAS: County Attorney, can you -- COMMISSIONER COLETTA: We haven't taken a vote. MR. WEIGEL: Right. If you're looking, I'd like to respond or interj ect, if I can. You're in a deliberative process, and the process of using kind of a blind scoring thing and then bringing it back for discussion is certainly appropriate. You haven't taken a motion, you haven't had a vote. You're still technically in your deliberative process. There's nothing that binds you to what you've already discussed or written down up to this point in time. Page 239 September 27,2005 So you have the freedom of still making a motion and vote or arguing and discussing changes -- I don't mean arguing, but discussing and implementing changes. Because ultimately it's going to take a vote to approve something, and anyone of you can make a motion and anyone of you can vote for or against anything. CHAIRMAN COYLE: Okay. Commissioner Henning has something to say about this. COMMISSIONER HENNING: We -- isn't this a competitive bid process? And we are sitting as people, just like some of our staff members when they rank consultants, contractors, and the like. And I thought that was our process. And I think there's a certain law on that, 'f ' I we re -- MR. WEIGEL: Well, there is law on competitive bid process. But you're in a selection process, and you can impose rules on yourselves. But to the extent that there is mistake or error, I'd be hard pressed to say that you don't have the ability to correct the record, and then the other commissioners can take that indication as they wish to. Ultimately, here the scoring, whether the lowest score is the highest, is the best selection or the reverse, it's a motion and vote type of thing. COMMISSIONER HENNING: I know that we dealt with this in the past where some of the members of the selection committee or the recommendation committee, because there was misunderstanding by some, you had to throw it out and do the whole process over, and I think we've dealt with this several times before. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: The whole process doesn't have to be done over. The only -- we heard the testimony. I know where my feelings go and how I would vote. It's a misunderstanding how the scoring system went. It just clarified when it got laid on the screen. And because of that, I think I got the right to be able to change my score to what it actually reflects. This does not reflect my opinion. Page 240 September 27,2005 CHAIRMAN COYLE: Okay. How do the other commissioners feel about this? COMMISSIONER HALAS: I feel he should have the right to change his vote -- COMMISSIONER FIALA: So do I. COMMISSIONER HALAS: -- because of a misunderstanding. COMMISSIONER FIALA: So do I. CHAIRMAN COYLE: Okay. All right. There it is. MR. MUDD: Commissioner, I'm going to need a motion and a second and a vote. CHAIRMAN COYLE: Okay. Who wants to make the motion? COMMISSIONER COLETTA: Well, I'll make the motion. I'll make the motion that we approve Keith Arnold & Associates as our choice of firms. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER FIALA: Second. COMMISSIONER HALAS: 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. CHAIRMAN COYLE: All opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Commissioner Henning is opposed. It passes 4-1. I apologize -- COMMISSIONER COLETTA: I apologize. Page 241 September 27,2005 CHAIRMAN COYLE: I apologize to the applicants for the confusion. It's not the way we like to do business, but it was an honest error. Sorry. MR. MUDD: Commissioner-- CHAIRMAN COYLE: Okay. Now, we're going to break for lunch. You want to do it right now before we start another item? MR. MUDD: Let's do one that's really easy, okay? CHAIRMAN COYLE: Okay. Let's pick one that's real easy. Item #7B V A-2005-AR-7444: TERRY & CHARLOTTE RHODES, REPRESENTED BY MCGARVEY CUSTOM HOMES, REQUEST A VARIANCE TO REDUCE THE EAST SIDE YARD FROM THE REQUIRED 30-FOOT SETBACK OF THE RURAL AGRICUL TURAL MOBILE HOME OVERLAY ZONING (A- MHO) DISTRICT, TO 21. I-FEET TO AUTHORIZE REPLACEMENT OF AN EXISTING POOL FENCE WITH A PROPOSED SCREEN ENCLOSURE. THE SUBJECT PARCEL IS LOCATED AT 11230 FIVE OAKS LANE, FURTHER DESCRIBED AS TOWNSHIP 48 SOUTH, RANGE 27 EAST, LOT 64, BLOCK E. TWIN EAGLES SUBDIVISION PHASE I, PLAT BOOK 30 PAGE 78 COLLIER COUNTY, FLORIDA - CONTINUED TO OCTOBER 11. 2005 - APPROVED MR. MUDD: The petitioner for 7B had to leave, and she -- and she is asking that this item be continued until the next meeting, and I need a vote from the board to make that happen. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: 7B? MR. MUDD: 7B, sir. Page 242 September 27, 2005 CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas and a second by Commissioner Fiala to approve MS. FILSON: To continue. CHAIRMAN COYLE: -- continuance of7B. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: (Absent.) CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Item #7C RESOLUTION 2005-341: CU-04-AR-6700 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF TWO CONDITIONAL USES IN THE "E" ESTATES ZONING DISTRICT FOR A GROUP HOME, AND PRIVATE SCHOOL TO SERVE THE RESIDENTS OF THE GROUP HOME, AND PROGRAM PARTICIPANTS PER TABLE 2, SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA - ADOPTED W/CHANGES COMMISSIONER FIALA: And 7C should be real easy, that's the 1 7 A. And I've already talked about that. I pulled that off of the summary agenda. The reason I pulled it off is because -- MS. FILSON: Which number are you on, Commissioner? MR. MUDD: 17 A, it moved to 7C. This item requires that all participants be sworn in and ex parte disclosure be provided by Page 243 September 27,2005 commission members. It's conditional use 04-AR-6700, a resolution of the Board of Zoning Appeals providing for the establishment of two conditional uses in the "E" Estates zoning district for a group -- for a group home and private school to serve the residents of the group home and program participants per table two, subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 south, Range 26 east, Collier County, Florida. Commissioner Fiala asked for it to be pulled. COMMISSIONER FIALA: I asked for it to be pulled because it would be -- they've said in the body of this that there was going to be chain link -- a six-foot-tall chain link fence around the property, and I just felt that a chain link fence, which is something we're trying to shy away from anyway, does not belong in this neighborhood. And I've spoken to the representative for the petitioner. And do you have some news for me? MS. SMITH: I do. Good evening. My name's Kelly Smith. I'm with -- MR. MUDD: Got to swear in. COMMISSIONER FIALA: Oh. CHAIRMAN COYLE: Okay. Everyone who is going to have-- provide testimony in this hearing must stand to be sworn. (The speakers were duly sworn.) MR. MUDD: Any ex parte on these items, sir? COMMISSIONER HENNING: Not me. CHAIRMAN COYLE: Commissioners have any ex parte? We'll start with Commissioner Henning. COMMISSIONER HENNING: No. CHAIRMAN COYLE: Nothing for him. Commissioner Fiala? COMMISSIONER FIALA: Yes. I called Bob Murray last night, I've spoken to the petitioner representative today, and left a message Page 244 September 27,2005 for Jim Mudd overnight. CHAIRMAN COYLE: And no ex parte disclosure for me. How about Commissioner Coletta? COMMISSIONER COLETTA: 17 A, I have no disclosures. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I have no disclosure on 17 A. CHAIRMAN COYLE: Okay. Let's go. MS. SMITH: My name's Kelly Smith. I'm with Davidson Engineering representing Eden Florida School for the requested conditional use. As Commissioner Fiala mentioned, we did discuss her concern over the fence material, and I have discussed that with our representative from Eden Florida, who's here today. I certainly can appreciate your concern over the aesthetics and agree that chain link is not an attract -- the most attractive fence material; however, there is always an element of cost in that issue. The subject property is 9.6 acres and has a total linear feet of approximately 3,200. And so they've received a current estimate for chain link fence around the property, and that estimate came in at $30,000. So certainly a wood or a PVC fence would increase that cost significantly. What we'd like to ask is that the fence along the front and along the first 25 feet of the side yards be a non-chain link or -- so in other words, a wood or a PVC type of material, and that the remainder of the fence around the property be permitted to be chain link, and that way the fence from the street is aesthetically pleasing, and around the rest of the property is consistent with what you would find at a school facility. COMMISSIONER FIALA: Would you be using something like a green chain link and maybe planting some kind of vines or something in there to -- along the rest of it to even soften it more? MS. SMITH: There is -- Page 245 September 27,2005 COMMISSIONER FIALA: That shouldn't be too expensive to do. MS. SMITH: Right. And there is a landscape buffer that would be with -- you know, on all three of those sides. COMMISSIONER FIALA: Yeah, but the landscape buffers are pretty, pretty -- MR. MUDD: Sparse. COMMISSIONER FIALA: Thank you. That's the word I'm searching for. Whereas, if you could get some kind of vines, which are not very expensive, and you can plant them along the fence, they'll grow up and they'll cover it, and it won't look so much like an institution or a prison -- MS. SMITH: Sure. COMMISSIONER FIALA: -- quite frankly. MS. SMITH: That would be fine. COMMISSIONER FIALA: Okay. So the front and two sides, you'll be planting -- or you'll be making it a nice fence material. The rest of it you'll be making green chain link and planting some vines and things around it? MS. SMITH: Correct. And if I could just clarify, the proposal was for the first 25 feet of the side yard, so going from the front up that 25 feet. COMMISSIONER FIALA: And all along the front of it facing the street? MS. SMITH: Correct. COMMISSIONER FIALA: All right. Okay. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Then I'm satisfied with that. I'll make a motion to approve with these provisions. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Halas. Page 246 September 27,2005 Commissioner Henning has a question or comment. COMMISSIONER HENNING: No. Ifwe can get some of these residents out of here, make it apriority, I would appreciate it. CHAIRMAN COYLE: Okay. All in favor, please signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MS. FILSON: Mr. Chairman, may I just interject one thing? You just continued 7B prior to this item. I did have one speaker, and I don't want her to sit here all night if she's still here, Diane Gargulio. Okay. MR. MUDD: She's the one that asked for the petition to be continued. MS. FILSON: Oh, okay. Then that's it. CHAIRMAN COYLE: Okay, thank you. Now, how many citizens do we have here and which items are you waiting for? Item #101 A FIRST AMENDMENT TO LEASE AGREEMENT WITH MAUREEN MORAN. INC. - APPROVED MS. SAVAGE: 101. CHAIRMAN COYLE: 10I? MR. MUDD: 101 is the -- Page 247 September 27, 2005 MS. FILSON: That's the one I have the most speakers for. CHAIRMAN COYLE: How many speakers do you have? MS. FILSON: Five. COMMISSIONER FIALA: That's 16B2? MR. MUDD: Yes, sir. 101 is old 16B2, and that had to do with the -- with the small change to contract from Maureen Moran, the development at the base of the bridge just before you get to Goodland and make that left turn. CHAIRMAN COYLE: 16B2, was it? MR. MUDD: Yes, sir. MS. FILSON: It's moved to 101. You have it in your book under 101. MR. MUDD: 101. It's a recommendation to approve a first amendment to lease agreement with Maureen Moran, Inc., and Commissioner Fiala moved it forward. CHAIRMAN COYLE: Okay, Commissioner Fiala. COMMISSIONER FIALA: This one I want to hear about. CHAIRMAN COYLE: You want to do it before or after dinner? COMMISSIONER FIALA: Well, we've got five people sitting here plus -- let's -- you want to hear it after dinner, okay? CHAIRMAN COYLE: We're going to take a 30-minute break for dinner pretty quickly, so if you can get through this, we'll break after dinner -- I mean, we'll break after this one. MR. MUDD: Commissioner, what happened -- oh, it was about a year and a half ago -- COMMISSIONER FIALA: I can't tell. UNIDENTIFIED SPEAKER: After dinner. COMMISSIONER FIALA: Go eat first, okay. CHAIRMAN COYLE: Okay. We're-- COMMISSIONER HENNING: I'm going to lunch. CHAIRMAN COYLE: We're taking 30 minutes for dinner. COMMISSIONER FIALA: You don't want to deal with us now. Page 248 September 27, 2005 (A recess was taken for dinner.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike, plus you have a quorum. CHAIRMAN COYLE: Yeah, we have four commissioners, so we have a quorum. Commissioners, I'm going to try to get through things as I quickly as possible. I'd like to get out of here at 8:30, no later than 8:30. And we're going to try to get the land use decisions out of here, but we're going to try to take care of the citizens who have been waiting for such a long time today. And anything that is left is going to get postponed. It's going to get continued to the next meeting, okay? We're not running this thing all night long. So I would encourage everybody to get to the point, don't spend a lot of time talking, and let's get our business done. Okay. So where -- we were going to 101. MR. MUDD: Yes, sir. And that has -- COMMISSIONER FIALA: It's 16B2. CHAIRMAN COYLE: Right. MR. MUDD: That's a recommendation to approve a first amendment to lease agreement with Maureen Moran, Inc., and that item was moved at Commissioner Fiala's request. MR. FEDER: Mr. Chairman, Commissioners? CHAIRMAN COYLE: Before you do anything, Commissioner Fiala wanted it moved. Let's find out what her problem is, get it resolved and get it done. COMMISSIONER COLETTA: What's the number? CHAIRMAN COYLE: 101. It's previously-- COMMISSIONER FIALA: It's 16B2. CHAIRMAN COYLE: -- 16B2. COMMISSIONER FIALA: Yes. And I had some constituents Page 249 September 27,2005 call me and ask me to pull it, and that's why I did. MR. FEDER: And Mr. Chairman, the only thing I'll note for the record, very briefly is we've had a lease since 1997. The only thing this does is makes it very clear that that space, of the use of that area underneath the bridge for parking, for additional parking cannot be used in any calculation for density either in Collier County or City of Marco Island's development processes, wanted to get that on the record. CHAIRMAN COYLE: Okay. Now, do we have anybody here from the other side? MS. FILSON: I have five speakers. CHAIRMAN COYLE: You have five speakers. The five speakers -- who are the five speakers? Please raise your hand. Okay. One, two, three, four. Do I see four? Now, are all of you speaking from the same position, or are you on opposing positions? Okay. All right. I understand. So we're split, okay. Let's start with the first two speakers. MS. FILSON: Herb Savage. He'll be followed by James Graham. MR. SAVAGE: Good morning. Oops, excuse me. I'm sorry. Good evening, Mr. Chairman. CHAIRMAN COYLE: No singing. MR. SAVAGE: Since nine o'clock this morning, you know. I've forgotten now why I came here. But it's been a great day, really has. CHAIRMAN COYLE: We forgot a long time ago why we're here. MR. SAVAGE: And I compliment you all very, very much, as well as this magnificent staff, for what you have to go through and listen to, and I apologize for my voice being so quiet. But I want to tell you a little bit about Mr. Lydon, who has Moran's Barge, as they always called it. He bought it several years ago. And I tell everyone this, that was a junkyard in those days, Page 250 September 27, 2005 whether whoever put the trash and all that sort of thing doesn't matter. But he took 42 dumpster loads off of that little site where this Moran's Barge space is and now where the bridge is and where the project is located. And I admired him for that. And during this project, I think he spent about a quarter of a million dollars on bringing a lift station down through the sewage to take care of their particular installation. I'm not sure of the exact dollars. But I tell you this, I plead with you to approve this very minor thing, in my view, in the fact, as was mentioned, it's not going to be a part of the zoning or whatever you want to call it. The building has been designed, and we have the parking on two levels in the building, and we don't have any problems. But I just plead with you to approve that lease, the renewable lease. And I'll just answer any question if I can, but otherwise, thank you very much. CHAIRMAN COYLE: Commissioner Henning has his light on. COMMISSIONER HENNING: Not for a question. I want to wait for the public speakers. CHAIRMAN COYLE: Okay. Very well. COMMISSIONER FIALA: When does the lease expire now? MR. SAVAGE: I'm not familiar with the time of the lease. I think it was October. MR. MUDD: I think it's 2007. COMMISSIONER FIALA: So it's still in effect for a couple years? MR. MUDD: Yes, ma'am. CHAIRMAN COYLE: It's just an amendment to the lease. We have to get you on the microphone, okay, That's all right. Okay. Thank you very much, Herb. I appreciate it. MS. FILSON: The next speaker is James Graham. He'll be followed by Connie Fullmer. Page 251 September 27, 2005 MR. GRAHAM: My name is James Graham, and I live in Goodland. And I'm a member of the Preservation Coalition, and I'll just speak -- I just would like to give you my opinion. And -- hi, Commissioners. It's been a wonderful day actually. I actually enjoyed it myself, personally. Anyways-- CHAIRMAN COYLE: I wish I had. MR. GRAHAM: -- I am standing up here because of this -- this lease agreement. According to this here, it's the first one that -- the first lease agreement added to it. I guess that's what it means here, because I'm not too -- I don't understand this this much. But I do know this, it's like -- it's like what you don't see, you know what I'm saying? It's like what you don't see. You know, the invisible man, you don't see him, but you know he's there. And I think there's a lot here behind the scenes, like I'm trying to -- I know there's letters here, but I'm trying to read the white part, if you know what I mean. COMMISSIONER FIALA: In between the lines. MR. GRAHAM: And what I see -- this is what I see with this. First of all, I see in the future, if you guys are -- first of all, I'm opposed to it, not because it's not good. A lot of work ain't been done. I'm opposed to it because I see in the future that the developer can take this -- take this amendment and use it to his advantage against the citizens -- which I am a citizen, I believe -- against the citizens, and they could be very creative, the way this is put, in the City of Marco Island. Because like I heard there a while back, I think today I heard like the tail wagging the dog, you know what I'm saying. I know -- what I see is, the developer, the owner, is in the City of Marco Island. I'm in the county. And you're about to give somebody that has really, and I believe -- I could be wrong, but really doesn't today have loyalty to the county -- has more loyalty to the city, than it would to the county. Page 252 September 27, 2005 This is my belief, because they had an opportunity to stay in the county, but they chose to go to the city, because I believe, what you don't see, is they can have -- they have more influence there than they do here in the county because of the stature of the five that I see here. So I guess what I'm trying to say is, the lease agreement, it's up -- I just understand it's in '7. They have that. I understand over the period of time hearing what I hear -- maybe it's a rumor -- there are a lot of violations with this thing here. This is -- can probably be proven, probably can't, but I'm not up to that right now. But I do believe that -- how I can say this? What's the purpose of giving them or for them having today -- not what happened yesterday. We're talking about today, today, you know. What's the purpose of them having a lease of this piece of property that belongs to the county, that belongs to the citizens and belongs to everybody, you know? And-- CHAIRMAN COYLE: Okay. Thank you very much, sir. MR. GRAHAM: Thank you. You're welcome. MS. FILSON: Next speaker is Connie Fullmer. She'll be followed by Greg Bello. MS. FULLMER: Craig's not here. MS. FILSON: She'll be followed by Thomas Lydon. MS. FULLMER: Good evening, Chairman, Commissioners. I'm Connie Fullmer, president of the Goodland Preservation Coalition and resident of Goodland. I put on the overhead -- we all know where Goodland is and the Goodland bridge. But, again, to point out where Moran's Marina is. Way over -- over here, and here's Goodland. The developer, Mr. Lydon, approached the Marco City Council a few years ago to build a -- to change his use of the property. What he currently has there is a marina and restaurant and little motel, and he wants to tear all that down and build a high-rise hotel condo Page 253 September 27,2005 development, marina, and restaurant. And the -- at the time he needed the parking under the bridge to fulfill his parking requirements. But over the past several years, Mr. Lydon, the owner and developer for this subject property, has received favorable density and zoning changes for his land to allow for his large hotel, restaurant, marina proj ect. Marco City Council amended their comprehensive plan to change the developer's land zoning from conservation preservation to C-4, as well, they increased his density from 12 to 26 units per acre, they grandfathered the hotel room sizes so he could build 1,700 to 3,200 square-foot rooms for the hotel. But in August of 2004, Marco City Council finally said, whoa, they'd granted him many privileges, but now they said whoa, because the developer submitted a site plan that would require multiple variances in addition to the increased density and change in zoning. The council told the developer, Mr. Lydon, that they believed something very nice could be built at the foot of the Goodland bridge without variances and guided the developer to go back to the drawing board to submit a site plan that would utilize all the benefits bestowed upon him and make the project fit on his land. So that's the issue today, does the project fit on the land? The developer did go back and created a new site plan and submitted it to Marco City. And just this summer the Marco city planner approved that new site plan. The new plan shows that all their parking requirements for his proj ect, for the hotel, the restaurant, the marina would be accomplished without using the land under the bridge. And I show you a letter, the second page of a letter from Jerry Neal from Hole Montes, and he says in this letter regarding the parking, he says -- he talks about the change in the parking for the building using only two floors for parking, and then he talks about additional parking outside the building, but he thirdly says there is no Page 254 September 27, 2005 parking under the bridge. They do not need parking under the bridge. CHAIRMAN COYLE: Thank you very much. MS. FILSON: Your final speaker is Thomas Lydon. MS. FULLMER: Thank you. MR. LYDON: Good evening, Commissioners. My name's Tom Lydon. Resident of Collier County since 1989. I've operated Moran's barge, marina, motel, restaurant, for the last 13 years. I'm not here really to refute a lot of misstatements because I know time is rather precious at this stage of the day. I know that you folks have examined this matter, and I feel that when this lease was originally cancelled, or that was contemplated and notice was served on me, that that was done on the basis of less than accurate information. I'll only capsulize it by saying that at no time whatsoever did we present a program that would increase our density by using those 18 spots underneath the bridge, which we have used for the last seven years. Well, it's actually eight years now. And according to your representative, Mr. Dowling, I've always been considered a model tenant. That area there is used by people in the area that fish off our docks out there, that berth boats there and use that for parking, come in and dine, et cetera, et cetera. We technically do not have to have it for our matrix as far as our density goes, but on the other hand, we've maintained it and wish to continue to maintain it in a very, very orderly fashion and attractive fashion. It's really our intent to include in our plan additional landscaping with the permission of the county, et cetera, which we already intend doing on the median and the abutment in that area of the proj ect that lies within Marco Island. So what I would ask you to do is to please consider continuing our lease because we have not in any way done anything, I think, that's violated that lease. If any of you commissioners have a question of me now, I'm be Page 255 September 27,2005 happy to answer it. CHAIRMAN COYLE: Commissioner Henning was first. COMMISSIONER HENNING: I have a question for our staff. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER FIALA: Just one. I find that I'm so confused about all of this. When -- whether you had a lease or not, people would park there, right? And they would probably use your facilities, I would guess. Because, you know, anybody in the county can park there and it's available to them. So I don't even see the importance of the lease. I mean, if it's only for county residents to park to use it, I don't know what we need a lease for anyway, and that's what confuses me. Why is it so important, two different sides pulling against each other when nobody really wants the parking, then I don't understand. MR. LYDON: Well, one of the reasons that I was happy to obtain a lease was because there was a security problem. We had people parking there overnight. There was a litter problem. There were people congregating there and partying over weekends in particular. And when it came under our jurisdiction, we put out utensils in order to contain the litter that had accumulated. We -- we prevented people in a sense from coming in there and camping overnight. In fact, when I was under construction with the restaurant, I had shots fired. That's a matter of record. It's in the police department blotter. So I think it served ourselves and the county to have somebody, if for no other reason, in the custodial capacity there to supervise that property. It's very, very difficult to do that just in a passing-by sense, whether it be the police department, sheriffs office, et cetera. Actually having that facility there to park, we have caused stops. There's a safety factor. There's entry. It's marked. We're required by the terms of our lease to keep it lighted, which had not been the case Page 256 September 27, 2005 in the past. So, you know, I think it was a mutually advantageous situation for the city to see fit to issue it, a lease for us -- COMMISSIONER FIALA: The county? MR. LYDON: -- and for overflow parking in the season in particular when people would be in need of parking, rather than parking out on 92A or 92. COMMISSIONER FIALA: Okay. And Mr. Mudd, is it advantageous to us to have him maintain that, or is there any reason for us to continue the lease? MR. MUDD: I'll leave that to Mr. Feder, because it's his money and it's his right-of-way. COMMISSIONER FIALA: Okay. ~R. FEDER: In answer to both questions, yes. It's advantageous as for the items noted because it's kept clean, those Issues. And basically the lease was a 10-year lease. There's an issue raised. We considered stopping the lease. And it was brought to our attention the concern was just that it might be used to increase density of development, and that's why we're amending the lease to make sure that that is not the case. COMMISSIONER FIALA: And it's important to you for what reason, because you like to maintain it or -- MR. LYDON: Well, I think, number one, you know, we have the aesthetics that I just mentioned and we have the hygiene factor. We have trespassing, camping, that would take place on a county property underneath the bridge. It could lead to a lot of things. I mean, I'm not professing to be a police officer down there, but I think the very fact that you're running a business, contingencies being what they are, that -- and it is contiguous to the property, that it kind of goes hand in hand that we enjoy keeping that as attractive as we possibly can. Page 257 September 27, 2005 And as I said, in consultation with the county authorities, we would like to even embellish upon that. And then, of course, January, February, parking's a premium down there. I mean, you take occasions, whether it be a function down in the Goodland area, even the boat parade and so on. It gets rather difficult and tight to get any parking spots. COMMISSIONER FIALA: Thank you, Mr. Lydon. MR. LYDON: Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I just have questions for staff. Thank you. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Lydon. COMMISSIONER HENNING: Thank you. MR. LYDON: Thank you. COMMISSIONER HENNING: I don't -- I don't assume that this is the whole lease agreement. MR. FEDER: No, it is not. COMMISSIONER HENNING: It's just an addendum to it, correct? MR. FEDER: That is correct, sir. COMMISSIONER HENNING: I remember when this issue came up, Connie Fullmer brought it up to us, that we gave direction we don't want to continue this lease. MR. MUDD: Yes, sir. We gave -- we wrote a letter to Mr. Lydon and his folks, and it had to do with that big building that Connie put up on the overhead. And there was -- at the time the way Marco Island was looking at it, those parking spaces underneath the bridge could be used for density and for a bigger building the way they saw it, as long as it was a long-term lease. And this -- and this has some extensions to it. It's 10 years, but I believe it's got two 10-year extensions. Page 258 September 27,2005 MR. FEDER: Ten-year extension possibly. MR. MUDD: So it was important at the time when it came forward, when Ms. Fullmer brought it forward with the folks from Goodland that asked the board at the time -- it was a public petition -- to basically cease this so that we could stop that from happening, because we mentioned it to the Marco Island planning group, and they just kind of ignored it. Board's direction was to preclude that from happening, to give them a notice that you weren't -- we weren't -- you weren't going to extend their lease past 2007, and that letter was written. After that was done, Mr. Lydon and his attorney asked for a meeting. They came forward and said, if that's the issue, we will change the agreement so that we will preclude that from ever happening again, from being used. I've had Marco planners look at it, I've had our attorney staff look at it, their attorney staff look at it. If it pleases this board, that they would like to amend that agreement, fine. If you don't do an amendment they still have -- they still have their letter, basically says that their agreement stops in 2007. CHAIRMAN COYLE: Let me clarify the issue here. We're not talking about extending a lease. They have a lease. If we did nothing tonight, they would still have that lease until November of 2007. MR. FEDER: Correct. CHAIRMAN COYLE: The only thing you're doing, we are doing tonight, is putting more restrictions on them. MR. FEDER: Correct. CHAIRMAN COYLE: We're not giving them any additional privileges. We're putting restrictions on them. And that's all we're considering tonight. MR. FEDER: That's the only addendum to make sure that they can't -- CHAIRMAN COYLE: It has nothing to do with the term of the Page 259 September 27,2005 lease. As far as we are concerned, the lease expires 2007 whether we put this addendum on it or not, right? MR. FEDER: And the addendum recognizes that all other provisions of the lease remaining in effect, that's correct. CHAIRMAN COYLE: That's right, that's right. COMMISSIONER HENNING: So if I can finish, Commissioner Coyle. So it's your understanding the board's wishes is still not to continue the lease; is that correct? MR. FEDER: And that issue will come up after November of 2007. There is a provision for two possible extensions of 10 years. That would have to be approved by the board. COMMISSIONER HENNING: And I can see where you're saying the property does not fulfill any development requirements under Marco Island's code or the Board of Commissioners' code. And I understand that, but maybe we can avoid these issues that these good people came down a long way if there was more communication with the commissioner of the district so this wouldn't happen. MR. FEDER: I thought there was, but -- COMMISSIONER FIALA: So let me make a motion then. Let me make a motion that the lease still is in effect until 2007, but we're adding this addendum just to wrap it up and tie it up a little bit more, and then in October of 2007, we'll bring it back to see -- it's actually supposed to expire in November 2007. We can address it again if we want to extend that. As you said, it's a proviso in there right now. But we do have the letter on file that says we're ending the lease. I don't even see a reason to keep it, but okay, fine. So my motion is to add this to the lease, this addendum to the lease, which then expires in November of 2007. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Second. Page 260 September 27,2005 CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve, second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Okay. Where do we go from here? Item #8A RESOLUTION OF DENIAL 2005-342: PUDZ-2005-AR-7469 RICHARD AND FRANCES CRAIG AND CDN PROPERTIES, LLC, REPRESENTED BY ROBERT MULHERE OF RW A, INC., IN REQUESTING A REZONE FROM THE RURAL AGRICULTURAL "A" ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT "MPUD" ZONING DISTRICT TO BE KNOWN AS SONOMA OAKS PUD, A MIXED-USE DEVELOPMENT CONSISTING OF A MAXIMUM OF 112 RESIDENTIAL DWELLING UNITS AND 120,000 SQUARE FEET OF COMMERCIAL USES LOCATED ON APPROXIMATELY 37.5 ACRES, ON THE WEST SIDE OF COLLIER BOULEVARD, APPROXIMA TEL Y ~ MILE NORTH OF V ANDERBIL T BEACH ROAD, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA - MOTION FAILED - FOR LACK Page 261 September 27,2005 OF A SUPER-MAJORITY MR. MUDD: Commissioner, that would bring us to -- unless there's a lot -- brings us to 8A, and it's the advertised public hearings. This item-- MS. FILSON: I don't have any speakers on this one. CHAIRMAN COYLE: Okay. No speakers on this one. MR. MUDD: This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2005-AR-7469, Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere ofRW A, Inc., in requesting a rezone from the rural agricultural "A" zoning district to the mixed-use planned unit development MPUD zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres on the west side of Collier Boulevard, approximately one quarter mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east, Collier County, Florida. CHAIRMAN COYLE: Okay. All those who intend to provide testimony in this hearing, please stand to be sworn in. (The speakers were duly sworn.) CHAIRMAN COYLE: Ex parte disclosure by commissioners. We'll start with Commissioner Henning. COMMISSIONER HENNING: In my file is an old petition with this piece of property, but I want to disclose that Bob Mulhere tried to talk to me. I wouldn't listen. Bruce Anderson and I talked about an agreement, access agreement, with the neighbor. That's all I have, CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, correspondence, e-mails, and calls, I've spoken with Bruce Anderson, and I've spoken with Bob Mulhere. I've spoken with Susan Murray Page 262 September 27,2005 and with Jim Mudd. CHAIRMAN COYLE: Okay. And I have spoken with petitioner, petitioner's representative, I have -- Mr. Anderson, I have correspondence, e-mails, and telephone calls. They're all in the file if anybody's interested in seeing them. Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had meetings, correspondence, e-mail, met with the petitioner, petitioner's representative, and have everything in my file for anyone that wishes to see it. COMMISSIONER FIALA: I spoke to Joe Schmitt, too, excuse me. COMMISSIONER COLETTA: And staff. CHAIRMAN COYLE: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: I've had correspondence, I've had e-mails,I'vehaddiscussionswithJoe Schmitt and his staff, and I've also had discussions with the county manager on this issue, and I've also had discussions with people in the planning commission. CHAIRMAN COYLE: Okay. Mr. Anderson. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson, representing the applicants. You may recall about a year ago this same property was scheduled to come before you for a rezone to a business park PUD with light industrial and retail and office commercial uses. Because neighboring residents objected to a PUD which allowed light industrial uses, that business park PUD was never acted on by the county commission and instead was continued indefinitely while this new PUD application was prepared and submitted. It was as a result of input from commissioners and from neighboring residents and the county's request for a new public connector road through the property that this project was resubmitted Page 263 September 27,2005 as a mixed-use PUD with commercial uses fronting along Collier Boulevard and residential uses behind the commercial. There is a difference of opinion with your comprehensive planning staff as to the interpretation and application of the infill commercial provisions of the growth management plan to this PUD, but staff does agree that this is a policy decision for the county commission to make. As the staff report states, this PUD is comprised of three separate tax parcels, shown here on the overhead. The southerly parcel identified as parcel number three here is approximately 9.38 acres and abuts the commercially zoned and developed Mission Hills PUD. Comprehensive planning staff agrees that this 9.3-acre parcel clearly qualifies for commercial infill zoning, It is when the county transportation development requests a public connector road to bisect these three parcels that the comprehensive planning staff and I begin to disagree about how the commercial infilllanguage ought to be applied to those facts. The growth management plan prohibits creating a new parcel just to take advantage of the commercial infill provisions. The question is, are these owners creating a new parcel to take advantage of commercial infill, or is it the county's road plans that are creating a new parcel? If a new parcel is created, it is as a direct result of the new public roadway that would be bisecting the property. My clients did not ask for that roadway and, frankly, would prefer not to have it. The county transportation department is the one that's creating the new parcel with a new road running parallel to Collier Boulevard and connecting to two other public roadways. This is not being done to take advantage of commercial infill. It's being done to accommodate a public road network in this area. The county's action creates the new parcel, not the property owners. The -- my clients have 9.3 acres that are adjacent to the shopping Page 264 September 27,2005 center that staff agrees clearly qualifies. They are only asking for the same 9.3-acre total next to Collier -- along Collier Boulevard next to the shopping center. So they're seeking to enlarge what they're already entitled to. This PUD provides for a county well site, and it also provides for affordable housing mitigation by pledging $1,000 from each of the first closings on all the dwelling units to be built going to the Empowerment Alliance of Southwest Florida Community Development Corporation, a nonprofit organization which builds affordable housing in Immokalee. There is an error in the affordable housing language in section 6.9 of the PUD, and the phrase, quote, and each subsequent, unquote, should be removed from the first sentence of that section. This PUD has the support of neighbors, and it has the support of the planning commission and it deserves your support as well. I'd like to ask Bob Mulhere to come forward and summarize the site planning considerations that were attendant to this project, and he or I will be glad to answer any questions you might have at any time. Thank you. MR. MULHERE: I'm going to put one on top of if here. Thank you. For the record, Bob Mulhere with -- CHAIRMAN COYLE: Bob, hold on a minute. We have two commissioners who'd like to ask a question. I'm going to ask them if they want to do that now or wait till after your presentation. COMMISSIONER FIALA: Right now. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Bob, do you feel that from a planning perspective this is a better -- makes a better community planning perspective the way you've got it designed now? MR. MULHERE: Yes, ma'am. I don't think anyone-- COMMISSIONER FIALA: Okay. That's the only answer I Page 265 September 27, 2005 needed. Secondly, I forgot to mention on the record, I'll mention it now, I spoke with Don Scott as well. And I feel that there's nothing else that you can do with this property. When it's split like that, you're helping our people in both ways, not only that, you're giving us a road, but a well site, and it doesn't make any difference to us which way the residential is turned. In fact, to me it seems to make a lot better planning sense if the commercial is fronting the road. And so I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta. We have questions by Commissioner Halas. COMMISSIONER HALAS: Yep. I looked at this -- I look at this property and I looked at what you have here, and I think it's great that we have commercial on 951, and I like the idea of the connector road. My concerns are that there's 17 criteria that need to be met in the growth management plan and -- or in this project of the subdistrict. I'm concerned that -- that we're missing about four or five of these, and I would really like to see -- I agree with this proj ect 100 percent, but I really think that we need to address the growth management amendment to this. I take the growth management plan as something very sacred and serious, and I don't feel that we should continue to flaunt the growth management plan. And I would hope that my fellow commissioners would look at this also, that there's at least four pieces of the criteria on this that need to be addressed in the growth management plan, CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Is -- the only issue with the growth management plan is a road? Is that what caused it? MR. MULHERE: Yes. I'd like to -- if I could, I'll just do a brief Page 266 September 27,2005 explanation and respond. COMMISSIONER HENNING: Well, I think Bruce responded to my question. MR. MULHERE: He did. COMMISSIONER HENNING: I just wanted to clarify it. MR. MULHERE: I was just going to read the purpose and intent portion of the growth management plan policy, which is the commercial and infill policy. CHAIRMAN COYLE: Well, I -- if I could interrupt you for just a second, maybe Commissioner -- get to Commissioner Henning's questions first. MR. MULHERE: I'm sorry. CHAIRMAN COYLE: And then we'll proceed from there, okay. COMMISSIONER HENNING: And he did. MR. MULHERE: I thought I did. COMMISSIONER HENNING: But I also have -- I know that, you know, we're trying to address the needs of the public, but I didn't see anything wrong with the previous application, and, in fact, I thought it was what I'd been screaming for, is more of those heavier intensive service uses closer, and this one is just about right on our urban boundary line. We don't have that out there. COMMISSIONER HALAS: I agree with you 100 percent. COMMISSIONER HENNING: And I think that, you know, it's piss-poor planning. I hate to -- CHAIRMAN COYLE: Is that a technical term? COMMISSIONER HENNING: Yeah, it is, it is, PPP. Ifwe don't try to do that -- but the votes were counted in the back room. And if we continue to do this, we just need to give Norm Feder more money. COMMISSIONER FIALA: Votes were counted in the back room, what -- COMMISSIONER HALAS: What do you mean by counted in Page 267 September 27,2005 the back room? COMMISSIONER HENNING: Well-- COMMISSIONER HALAS: Would you please clarify? COMMISSIONER HENNING: Sure, I will. The -- Mr. Anderson went to the commissioners' office, and found out a couple commissioners had a lot of concerns, wanted to do what -- the wishes of the residents. So -- and that's what they did. They changed the petition, and now what we have is a retail use and a residential use. And what we had before was a, kind of like a Trade Center Way where you had some of those uses of contractors and that. COMMISSIONER FIALA: Just to clarify, they never asked me what I wanted or didn't want. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: They came in and presented this plan. I'm sorry. I never -- I never heard anything else. COMMISSIONER HENNING: That's what I was told. And if I was -- COMMISSIONER HALAS: You were wrong. COMMISSIONER HENNING: -- mistaken, then I was mistaken. COMMISSIONER FIALA: Yeah, because it did not happen with me, yes. COMMISSIONER HENNING: Okay. COMMISSIONER HALAS: Sure didn't happen with me. CHAIRMAN COYLE: Me either. MR. MULHERE: I mean, look, we didn't feel that we had the votes. We felt that there was concerns by the residents, we went back to the drawing board to try to address it, and that's what we did. I'm talking about the business park zoning a year ago. COMMISSIONER FIALA: You were fed erroneous information. COMMISSIONER HENNING: Business park zoning, yeah. Page 268 September 27, 2005 MR. MULHERE: That's correct. We felt that there were concerns that it was our choice to ask for the -- to ask for the indefinite continuance, and you granted it to us so we could go back to the drawing board. That's what we did, and then we came back with the plan. So that's what's before us. I certainly don't want to get into -- COMMISSIONER FIALA: Back room, yeah. COMMISSIONER HENNING: You know, I apologize if I offended anybody with that comment. COMMISSIONER HALAS: You sure did. COMMISSIONER HENNING: Well, Commissioner Halas, I do apologize. CHAIRMAN COYLE: It's getting late, it's getting late. COMMISSIONER FIALA: And he was fed some erroneous information. He can't help that. COMMISSIONER HENNING: So anyway -- COMMISSIONER HALAS: As I said -- I'm sorry. CHAIRMAN COYLE: Hold on. Commissioner Coletta's waiting if Commissioner Henning is finished. COMMISSIONER HENNING: I'm done. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, and I just -- I want to compliment the developer and his representatives. This has been held up a long time. Commissioner Henning, you're right as far as the residents there being a driving force in shaping this, but that's been true all over. We represent the residents that live there now. And they did, they brought this thing down to its knees a couple of times. And right now you don't see any number of people out there complaining about it. There's been a tremendous amount of support for it. I went back to residents in Vanderbilt. They said, no, we're pleased as punch with what we've got now. They're the ones before Page 269 September 27, 2005 that were having all sorts of issues and talking about even bringing lawsuits against the whole thing. COMMISSIONER HENNING: You understand my concern? COMMISSIONER COLETTA: No, I do, I do. And I think it's good that you bring it up, but you're right about it being resident driven. It is. And, I mean, you're not wrong at all about that. I got to tell you that part, but that's not evil. COMMISSIONER HENNING: No, I don't think so. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes, as I stated, I think this is a great project, and I really commend you for it. The only thing I'm asking is, is there some way that we can expedite a GMP amendment to this thing so this everything is above board and legal? Right now there's about four issues, I think, that are pending on this, and I would feel a lot -- comfortable if we could do whatever we can but to make sure this is legal. And all we have to do is change the GMP amendment and we'll try to rush it through. CHAIRMAN COYLE: David, can you tell us what your concerns are? No, let's back up. Tell me where you think it is not consistent with the growth management plan and why. MR. WEEKS: David Weeks, comprehensive planning department, planning manager. Commissioners, there's three issues that we see. One is the intent of this subdistrict, which is to apply to relatively small parcels on a major roadway where residential development may not be compatible or appropriate. We're dealing with a 37-and-a-half acre project here, and we just don't think that's small. The language in the subdistrict itself specifically says that up to 12 acres is the maximum size for commercial. The balance of the property must be left in -- used for open space or conservation purposes, and that's not what's being Page 270 September 27, 2005 proposed here. I would agree with the petitioner, and I think a comment that he made at the planning commission, that for the balance of this property to be left in open space use is ludicrous. I agree with that, because I don't think they're consistent with the comprehensive plan. This project, I think, is of such size and configuration that it is viable for uses that are presently allowed under its designation as urban mixed use. But -- so besides the intent, that's the first one. Secondly is the -- really, I was touching on theirs, the size of the property. It's limited to 12 acres in size, then the balance must be open space. And, again, this is a 37-and-a-half acre project. The entire project being used for residential and commercial uses. The third point is the creation of a new parcel of land. They are proposing to reconfigure the property, to take the commercial from the southerly border and make it along the easterly border. I certainly understand that the county's request for a new roadway is a different set of circumstances, but I suggest to you that there's nothing in the growth management plan that accounts for that. There's no language there that suggests that you, under this circumstance, can look at this differently. It's simply not part of the criteria. Then the last point is, as always, the county commission makes the final decision as to whether or not a project is consistent with the plan. Staffs standpoint is, it is not, that they should file for a growth management plan amendment, just as the other 12 petitions did in the 2005 cycle. CHAIRMAN COYLE: And how much -- what part of those problems is caused by the county's insistence on this roadway? MR. WEEKS: Two of those three issues would disappear. The issue of creating a new -- the only issue that would be remaining -- of course, presumption would be that if the county roadway was not there, then they would leave their commercial along the southerly portion of the property, then there would be the issue of the balance of Page 271 September 27,2005 the property not being left in open space. But I'll need to go ahead and additionally say that I think that the petitioner would tell you that if that roadway wasn't there, that they would be asking for a residential only proj ect. I say that because we had a preapplication meeting a few months back because this was submitted, and that is, in fact, what they asked for was all residential. And I believe that changed when the growth issue came up. CHAIRMAN COYLE: And that would have been in compliance with the growth management plan? MR. WEEKS: Yes, sir. CHAIRMAN COYLE: Okay. So I think you just told me that all of the things would likely go away were not for the change in this roadway? MR. WEEKS: Yes, sir, I believe so. CHAIRMAN COYLE: I think -- I think if there's a wound here, it is self-inflicted by the county. And I'm going to call the question. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: All opposed, by like sign? COMMISSIONER HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 3-2, with Commissioners Halas and Henning -- it does not. It needs four votes. Okay. It doesn't say supermajority here. MS. FILSON: Yes, it does. CHAIRMAN COYLE: Okay. So it fails. COMMISSIONER COLETTA: Would one of the opposing votes want to make a new motion? COMMISSIONER HENNING: Not me. I'm ready to move on. Page 272 September 27, 2005 I'm not going to stay here all night. CHAIRMAN COYLE: Okay. It looks like it's ended. Item #8B ORDINANCE 2005-51: FLOOD RATE SCORING SYSTEM- APPROV AL OF AN AMENDMENT TO THE EXISTING FLOOD ORDINANCE OF COLLIER COUNTY, FLORIDA (ORDINANCE 86-28 AS AMENDED BY ORDINANCE 87-80 AND ORDINANCE 90-31) TO REPEAL AND REPLACE CERTAIN SECTIONS, ADD NEW SECTIONS, ADOPT THE NEW FLOOD INSURANCE RATE MAPS PRIOR TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S EFFECTIVE DATE OF NOVEMEBER 17, 2005, AND ADD PROVISIONS TO IMPROVE THE COUNTY'S SCORING IN THE COMMUNITY RATING SYSTEM OF THE NATIONAL FLOOD INSURANCE PROGRAM _ TO BE DISCUSSED AT THE NOVEMBER 1, 2005 CCPC MEETING - APPROVED MR. MUDD: Next item is 8B. It's approval of an amendment to the existing flood ordinance of Collier County, Florida, ordinance number 86-28 as amended by ordinance 87-80 and ordinance 90-31 to repeal and replace certain sections, add new sections, adopt the new floor insurance rate maps prior to the Federal Emergency Management Agency's effective date of November 17,2005, and add provisions to improve the county's scoring and the community rating system on the national flood insurance program. Mr. Joe Schmitt and Mr. Robert Wiley will present. CHAIRMAN COYLE: Could I ask my fellow commissioners something? This particular item consists of two parts, one is to, in essence, adopt the new flood insurance rate maps because we have to. We're being told to do that by FEMA. Another part is a relatively Page 273 September 27, 2005 complex scoring modification for the national flood insurance system. We can probably spend four or five hours debating that part. Would you commissioners have any problem separating this into two pieces? COMMISSIONER FIALA: Not at all. CHAIRMAN COYLE: The first piece is to adopt the FEMA flood elevation maps and postpone the second one for a workshop so that we can evaluate the overall impact of those recommendations. I think the concept is good, but trying to debate those tonight will take us forever. COMMISSIONER HENNING: Yeah, I'm fine with -- may I make another suggestion? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HENNING: Is -- this language is going to affect our land development code. CHAIRMAN COYLE: Uh-huh. COMMISSIONER HENNING: I would like to see the planning commission review this and bring it back to us with recommendations. CHAIRMAN COYLE: Yeah. I think we need more work on that part. I notice that DSAC unanimously disapproved everything that was done with respect to it, and that puzzles me because what's being done is very constructive. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Staff is trying to find a way to reduce the insurance rates for the people of Collier County by imposing stricter building regulations, but it does need additional work, I think, and we need to understand the implications. So if you don't have -- if you don't have a problem, we'll split this in two parts, postpone or continue the second part. MR. MUDD: You could tell us to take it to the planning commission and let them review it before it comes to you. CHAIRMAN COYLE: Okay, okay. Page 274 September 27, 2005 MR. MUDD: And then if it turns into a heated debate in the planning commission, then we can schedule a workshop, if that's the board's desire. CHAIRMAN COYLE: Sounds okay to me. How about the rest of the commissioners? You okay with that? COMMISSIONER FIALA: That's exactly what I would like. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Okay. Then why don't we do that. COMMISSIONER FIALA: Motion to approve to adopt the new flood insurance rate map for the floodplain management purposes. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. And we do have a public speaker for this, Ms. Filson? MS. FILSON: Yes, ma'am. Ellie Krier. I'm sorry; yes, sir, Ellie Krier. CHAIRMAN COYLE: Okay. MS. KRIER: Mr. Chairman and Commissioners, Ellie Krier representing the Naples Area Board of Realtors. Just very briefly thanking your staff for reaching out to us with respect to 6270, which is the flood disclosure forms. We feel that with Mr. Wiley's help, we have good language protecting buyers as well as sellers and real estate agents, and offer up the resources of our legal resource committees to draft for your use a disclosure document. We do a lot of disclosure documents. We'd be happy to produce something that's fairly ironclad from our files for your reVIew. CHAIRMAN COYLE: Okay. And Ellie, if -- your clients essentially support these new rating system changes; is that essentially true? MS. KRIER: That's essentially true, except I believe we're silent on the -- and I'm going to ask Robert for the correct term -- the added foot. Page 275 September 27, 2005 CHAIRMAN COYLE: Yeah, the one foot three-- MS. KRIER: We're not offering an opinion on that. CHAIRMAN COYLE: Okay, fine. Thank you very much. MS. KRIER: Thank you. CHAIRMAN COYLE: Okay. All in favor of adopting the new flood insurance rate maps as we're required to do by FEMA, please signify by saying aye. MR. MUDD: Can you give me an implementation date? CHAIRMAN COYLE: Effective date of November the 17th, 2005. COMMISSIONER FIALA: November 1st. MR. MUDD: We're asking for November 1 st on this particular one on the maps. CHAIRMAN COYLE: It says effective date, November the 17th, 2005. MR. MUDD: That's when they're doing it. That's when it's coming down from FEMA. CHAIRMAN COYLE: Okay. MR. MUDD: But we're trying to get our -- we're trying to get our ordinance with an effective date of 1 November. CHAIRMAN COYLE: You are. Okay. Then let's make it 1 November. Okay? Is that okay for the-- COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: All right. 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.) Page 276 September 27, 2005 CHAIRMAN COYLE: It passes unanimously. COMMISSIONER FIALA: So I make a motion to send it to CCPC -- MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: -- and then if they can't -- I'll make a motion to send the rest of this subj ect to CCPC for their perusal, and then if they come into a heated discussion, can't come up with -- MR. MUDD: For their perusal and recommendations to the Board of County Commissioners. COMMISSIONER FIALA: Okay. Recommendations to the Board of County Commissioners. CHAIRMAN COYLE: Okay. Do you want a formal motion? COMMISSIONER FIALA: That's it. COMMISSIONER HALAS: That's it. CHAIRMAN COYLE: I said, do you want one? COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: I'll second it. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala, second by Commissioner Halas, to refer the flood map rating system chances to the CCPC for comments. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Item #8D Page 277 September 27, 2005 ORDINANCE 2005-50: PETITION PUDZ-2004-AR-6207 MAC BUILDERS, INC., REPRESENTED BY TIM HANCOCK, AICP, OF TALON MANAGEMENT, INC., REQUESTING A REZONE FROM THE C-1 AND C-2 ZONING DISTRICTS TO THE PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO ALLOW A MAXIMUM OF 86 MULTI-FAMILY DWELLING UNITS. THE PROPERTY, CONSISTING OF 10.76 ACRES, IS LOCATED ON THE NORTHWEST CORNER OF RADIO ROAD EXTENSION AND PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY~ FLORIDA - ADOPTED W/STIPULATIONS MR. MUDD: Commissioner that brings us to item 8D. This item requires that all participants be sworn in and ex parte disclose be provided by commission members. It's petition PUDZ-2004-AR-6207, MAC Builders, Inc., represented by Tim Hancock, AICP, excuse me, of Talon Management, Inc., requesting a rezone from the C-1 and C-2 zoning districts to the PUD, planned unit development zoning district, to allow a maximum of 86 multi-family dwelling units. The property consisting of 10.76 acres is located in the northwest comer of Radio Road Extension and Palm Springs Boulevard in Section 34, Township 49 South, Range 26 east, Collier County, Florida. My time's up. CHAIRMAN COYLE: And all persons intending to provide testimony for this hearing, please rise and be sworn in. (The speakers were duly sworn.) CHAIRMAN COYLE: Ex parte disclosure by commissioners. Start with Commissioner Halas? COMMISSIONER HALAS: I received some correspondence, I believe, early this morning, and so I want to make sure that I've Page 278 September 27,2005 mentioned that, by Talon. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. On 8D I've had meetings with Tim Hancock and Kelly Smith on 9/26, e-mail and phone calls, and I talked to staff. CHAIRMAN COYLE: Okay. I have met with Mr. Hancock. I've had correspondence on this issue. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, I had a meeting with Tim Hancock and with staff, I went out to see the property, and I've received e-mails and a letter. CHAIRMAN COYLE: And Commissioner Henning? COMMISSIONER HENNING: I received some information from Mr. Hancock, I received an e-mail from -- two e-mails -- no, I'm sorry -- one e-mail from Jerry VanHack, two e-mails from Jerry VanHack, and, Commissioner, I think I received another one this morning like Commissioner Fiala, and I'll find it and let everybody know. CHAIRMAN COYLE: Okay. That's it. Mr. Hancock? MR. HANCOCK: Good evening, Mr. Chairman, Commissioners. I'm Tim Hancock, representing MAC Builders, the petitioner in this matter. Also here with MAC Builders, is present, Mr. Carlos Pilose, and also Mr. Jeff Davidson of Davidson Engineering. I request that the BCC recognize without objection the following individuals as experts in their field as it pertains to this hearing: In the area of planning and land use, myself, Tim Hancock, and Mr. Mike Bosi, member of your staff; in the area of traffic impact analysis and civil engineering, Mr. Jeff Davidson, and Mr. Don Scott in transportation engineering. All these individuals have been tendered and accepted as experts in their respective fields by this body Page 279 September 27,2005 in the past. I ask that they be recognized as such at this time. CHAIRMAN COYLE: Thank you. MR. HANCOCK: If there's -- without objection from the board, three housekeeping items quickly. First of all, the correspondence you received from me this morning is an update on the contract purchaser status of the property. MAC Builders, the petitioner, is the owner of the property. The property does have a contract property, Macan Investment Corporation, which is owned by Juan Macias. Macan has assigned the contractor to a local developer who you'll be hearing a little bit about later, which is Florida Heritage Development, LLC, operated by Dennis Frechette and Michael Del Duca. In updating that information, I have a copy that I will provide the court reporter for the official record, identical to the documents you received this morning. Second item is a correction to the application on your agenda which lists me as a member of the AICP. I'm not a member at this time. Lastly, there was some confusion on the part of the planning commission regarding front and rear yard setback information. For those of you that had the opportunity to share a list of seven items that we had come to agreement with the residents on, I have added that eighth item and will read it into the record in the course of the presentation. I greatly appreciate your patience and your stamina on a day like today. Because this item was recommended denial by the planning commission, I'm compelled on behalf of the rights of the property owner to enter a full and comprehensive presentation today. I would offer to you an option which may be palatable which would be to hit on the differences that have been arrived at and agreed upon between the planning commission and now, to talk about those on the record, allow the public then to speak. Some of these folks Page 280 September 27,2005 have been here since one o'clock, and we greatly appreciate their stamina also. And if after that, if there are questions about the action, I then would ask that I be able to put the balance of my presentation into the record. That may save time, it may not, but I thought I would offer it as an option to the commission at this time. CHAIRMAN COYLE: Commissioners, what would you prefer, an initial abbreviated presentation and then see what your questions are? COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: Okay. Let's go with a brief summary, and then we'll see what the questions are. MR. HANCOCK: Yes, sir. We'll try the Reader's Digest version first. CHAIRMAN COYLE: Okay. Thank you. MR. HANCOCK: The property's 10.7 acres, located at the intersection of Palm Springs Boulevard and Radio Lane. As you can see from the exhibit on your screen, it's predominantly C-1 zoning and has C-2 zoning adjacent to Woodside Lanes, which differentiates this piece from the Triad PUD. C-2 zoning allows a little more intensive development, including medical office and some limited retail. Again, a quick refresher. The property to the rear is zoned RMF -12 with a density cap of seven but is a development with single-family homes immediately adjacent to the project. This is the Triad PUD project which you approved on February 22nd of this year at a density of eight units per acre. To the south and slightly east, 24-hour convenience store, a Circle K gas station, and to the west, a C-4 intensity use, Woodside Lanes, which is a bowling alley with a lounge. What is being requested here today is eight units per acre, the same density requested by Triad. When we arrived at the planning commission, to say the least, Page 281 September 27, 2005 there was poor communication between the applicant and the residents of Palm Springs. Not that efforts weren't made, but let's just say it broke down, and I'll accept responsibility for that fully. Since that time, with the advent of Florida Heritage coming onboard, we've had a second neighborhood information meeting. We noticed all property in the neighborhood, not just within 500 feet. We had an attendance of about a dozen people at that meeting. We discussed the project, identified the items of concern at the planning commission. And what I'm going to cut to now is something I refer to as Exhibit A, which was attached to what you received this morning from me. I, again, will be giving a copy to the court reporter for the record. And I believe that after we go through these items and you hear the public speak, you will probably see a very different approach than what the planning commission saw and one that I think that we have taken the steps necessary to incorporate the concerns of the community into the project in such a way that we have achieved the compatibility that you would seek from any application before you. Some of these items will be incorporated directly into the PUD. Some of them, while the residents recognize that we can't put certain statements of agreement to work on issues into the PUD, we want to enter them into the record to at least show that we will continue to work with them on items that are not specifically zoning-related matters. To that end, the eight items on Exhibit A are: Number one, the primary concern we heard was about traffic and safety at the planning commission. We were accessing the project off of Palm Springs Boulevard and would line up exactly across from where the Triad PUD access was approved. In meeting with the residents, we were able to look at the distance between Palm Springs Boulevard, which is right down here, Page 282 September 27,2005 to the driveway for Woodside Lanes. We found that that distance would permit an access off of Radio Lane. We agreed to place that access off Radio Lane if it is the direction of this board. I've met with Mr. Don Scott. I think you will hear that it is his preference to be off Palm Springs Boulevard, but there is nothing prohibiting us from coming off of Radio Lane. In deference to the interest of the residents, we have agreed to have the access off Radio Lane if that is the desire of this board, and would include that in the PUD. A second concern was -- if I can go back to a slide. If you look on this aerial, there's a row of development here. After this area had been substantially developed as single-family, even though it was zoned multi-family, some development occurred of duplexes that were not under any deed restrictions, that put driveways in about twice as wide as a normal driveway. Some of those we have multiple families living in them with six and eight cars out there at night, and it's created a real compatibility problem for the folks in the neighborhood. And they were really concerned about the unit size, even going as far as being concerned about the number of bedrooms. We're happy to specify that our project consists of nothing more than three-bedroom units with den. There will be no four-bedroom units in the project. Again, in response to their concern, we've offered to include that in the PUD. Additionally, again because of the parking condition back here -- and, again, these units were developed without deed restrictions. As you can imagine a planned community, deed restrictions prohibit more than one family occupying a unit at any given time. There's also deed restrictions on parking, and those will all be a part of this project. But we've also agreed that while each unit within the proj ect will have an attached garage, be it one-car or two-car, that no unit will be provided more than two additional spaces outside their Page 283 September 27,2005 garage. This, again, is to try and deter the situation of having a great number of cars utilizing anyone unit at anyone time. Again, not typical zoning issues, but I think in trying to respond to the concerns of the residents, based on their individual experiences, that we're comfortable including this language in the PUD and giving that assurance to them. The next few items are items that we've pledged to work with the neighborhood on, and I will read them into the record at this time. And I'm sorry if this doesn't seem like the abbreviated presentation, but I'll do my best. MAC Builders or the project successor/owners pledges to work with the owner of the Triad PUD or its successor/owners and the residents of Palm Springs to construct a fence from the northeast comer of the Triad PUD to the county park at the rear of the community. That would be really along this line on the right side. We don't have the ability to construct that fence ourselves, our residents don't, and Triad doesn't. But in working together -- and we have agreed to work with the community to share in the cost of doing that, hopefully what that will do is, there has been some trespass issues of folks creating paths through private property, and we hope to help them resolve that issue. We pledge to continue working with them toward that end. MAC Builders or the project's successor/owners pledge to support the community in finding appropriate and safe locations for bus stops and will assist in construction of a bench with a shelter and a bike rack in the event a location is deemed to be warranted adjacent to the MAC PUD. You may recall that Triad will be constructing a bus stop here at the corner. The residents have concerns in the area I'm circling right now on that aerial is being used as a bus stop. They may be working with the school board to relocate one a little closer back here into the neighborhood. And if so we'd offer-- Page 284 September 27, 2005 we have offered to construct that. If it's deemed to be adjacent to our property, we'll construct the bus shelter and the bike rack at no cost to them. So, again, it's an issue that needs to be worked out. What we're pledging is our participation and support for that matter. Next item is the MAC Builders or successor/owners will work with the committee of residents from Palm Springs neighborhood to provide them with the renderings of buffers along Palm Springs Boulevard and Radio Lane prior to the submittal of our SDP application. Their input will be requested regarding the type and style of landscape buffer. Do they want a wall; do they want vegetation? We will not bring the SDP forward without receiving their input and moving forward in a cooperative effort with them as to which of those two buffers -- because a Type B gives you an either/or -- which of them they prefer. Next item, number seven, the developer will make an effort to preserve existing pine trees where practical in planned open areas not subject to fill or excavation. In other words, if it's -- if we don't have to fill it and we don't have to dig it out, we're going to do everything reasonable to preserve as many of the pine trees on the property as possible. And the last item -- it's going to sound a little bit odd, but the planning commission spent a few minutes on talking about front yard and rear yard setbacks. And I think I can speak for everybody there that nobody really understood what it was about. But in order to avoid that confusion, we'd be happy to include the following statement in the PUD: For purposes of measuring acquired setbacks, units that front on an interior street within the development shall apply the rear yard setback from the rear of the building to the property line including when the property line borders a public right-of-way. There's some concern about whether somebody could call that a Page 285 September 27, 2005 front yard setback because there was a public right-of-way adjacent to the property line. I know your staff would not interpret it that way. But, again, it created some confusion, and we want to try and limit that confusion. In addition to those numbers which will be incorporated into the PUD -- there's four of them to be incorporated in the PUD -- the others indicate a clear desire to continue working with the neighbors on areas of mutual interest. We have also included in the PUD many of the items from Triad. The permitted uses have been restricted to prohibit a rental community. Building height is limited to 35 feet. The average size of the units constructed will not be less than 2,000 square feet in total gross area. A temporary construction access will be requested if necessary on Radio Lane, not on Palm Springs Boulevard. And the last item I spoke with, I think, two commissioners about is, there is a -- the property currently drains to a canal that moves along the western edge of Palm Springs. I think some of you have heard from residents in that area that they're not real happy with the drainage. As your staff will tell you, the project is prohibited from discharging into that canal anything more than it has historically discharged. What we find is that usually development will attenuate those discharges. But we're prohibited from worsening that situation. What we're asking you to do is -- as using this application as a springboard, if you will, would be to direct your staff to look at the maintenance of that canal, because the neighbors have indicated to us it has gone unmaintained or poorly maintained for an extended period of time. If your staff needs access to the south end of that drainage ditch through our property, we'll be happy to grant a 10- or 15-foot easement to provide that access. I believe they have ample access at the cul-de-sacs. But if we can make that commitment and follow Page 286 September 27,2005 through with it to help the drainage problem, we'd be happy to. What we don't want to do is we don't want to actually be asked to step up and do 10 years of maintenance on a canal that isn't on our property. But if we can help provide access to it to resolve that problem, we'd be happy to do so. I'd like to thank the residents of the Palm Springs neighborhood. And without cutting into their time and extending their evening, if it is your desire, I'd like to defer to the public speakers at this point and then wrap up with anything that you may deem necessary at that time. CHAIRMAN COYLE: Okay. Any questions of the petitioner at this point in time? Commissioner Halas? COMMISSIONER HALAS: Yes. I looked at the recommendation that the -- excuse me -- the planning commission came forth. How did you address the four sections of the LDC? Did you address them that -- in regards to the PUD? MR. HANCOCK: Yes, sir. COMMISSIONER HALAS: And I would like to have a real brief statement on each of the four sections of the LDC that was mentioned here in our material. MR. HANCOCK: And I'm sorry I don't have the section citation in front of me. COMMISSIONER HALAS: I could give them to you. It's 4.07.07B.l and 4.07.02D.3.B and 4.07.02D.3.F, and the last one is 4.7 -- or 4.07.02D.3.G. MR. HANCOCK: If I can summarize for you the two categories that those applied to as primary compatibility and access. They deal with a variety of applications of those two issues. COMMISSIONER HALAS: And how did you address that? MR. HANCOCK: The compatibility issue, as stated in your staff report and equally stated under the LDC considerations of our application is just this, we go back to the zoning map. Compatibility is -- right now we're dealing with C-l and C-2 zoning. Page 287 September 27,2005 If developed under that zoning category, this project will produce a daily average of 1,860 trips. Under the proposed zoning, the projected trip generation is 572 trips. We already have, in essence, a reduction in impact to the community by virtue of the requested rezonIng. Additionally, the county commission, by virtue of the adoption of its own zoning maps, has deemed the current zoning to be compatible with the surrounding zoning. That's a straight function of your zoning. What we're proposing in every shape and form is a down zoning. In other words, to argue that RMF with an eight unit per acre density is less compatible with single-family homes than would commercial zoning, I honestly -- COMMISSIONER HALAS: Can I cut you off there? MR. HANCOCK: Please, sir. COMMISSIONER HALAS: We're trying to make this -- get-- move fast. Why did the CCP (sic) feet that this failed in those areas? Did they give you any indication why it failed those particular items? And my other questions that's going to be -- and I might as well give it to you right now -- is policy 5.4 of the growth management plan, items 5, 6, 7, and 10, as they listed it in here, of the rezone. And how did you address that, after the -- going through the planning board? MR. HANCOCK: To be candid, Commissioner, I believe that the findings that the CCPC moved forward with were not supported by competent, substantial evidence entered into the record. On any of those issues dealing with compatibility and access, your staff, their testimony, their information placed into the record, our information placed into the record, made significant inroads into establishing that the proposed action resulted in increased compatibility over the existing zoning. So I cannot honestly sit here and tell you why the planning commission disagreed with that. Page 288 September 27,2005 COMMISSIONER HALAS: It was a 7-2 vote. MR. HANCOCK: Yes, sir, I'm aware of that. COMMISSIONER HALAS: That's overwhelming. MR. HANCOCK: Yes, sir. And I honestly feel that a large part of that decision had to do with the fact that the residents did not have a level of comfort with the application as it sat at that time. There were issues the residents felt were not compatible, and I believe through line item, we have tried to address each and every one of those. For example, they were concerned that this project would reduce the valuation of their homes. What they have seen and come to -- and, again, I won't put words in Ms. Gorman's mouth. I'll let her speak to you about this -- is that what is currently proposed for the property they see as a positive influence versus the existing commercial zoning. At the time of the planning commission hearing, I don't believe that was their opinion. I know it wasn't. They were concerned about too many bedrooms in the units and promoting an over-parking situation. What have we done to address that? We've limited it to no four-bedroom units. We have reduced the number of parking spaces, which is in excess of what the code requIres. So we have brought those levels down to increase the compatibility over what was presented at the time of the planning commISSIon. Lastly, is it is fairly typical in this hearing forum and also at the planning commission, that after the public speaks, the petitioner has an opportunity to respond and address some of those comments. I was not given that opportunity at the planning commission. The public hearing was closed, and some of the issues raised, I was unable to address at that hearing. Mr. Budd actually apologized to me afterwards, and I think we could have resolved some of those matters, Commissioner Halas. Page 289 September 27,2005 But what have we done in the meantime? The form I've given you with the eight points on it was taking each and every issue raised by the residents and trying to address them specifically to the satisfaction of those residents. I believe those actions represent increased compatibility, increased safety with regard to access on Radio Lane for the children in the neighborhood. I think those changes are our response to the planning commission's recommendation, sir. COMMISSIONER HALAS: So the concerns that the citizens had covered this venue of LDC? Maybe I'll get that from the staff later. CHAIRMAN COYLE: Yeah. I think it's worthwhile pointing out that the staff analysis indicates that the PUD is compatible. And so even you disagreed with the planning commission; is that correct? MR. BOSI: That's correct, Chairman. CHAIRMAN COYLE: Okay. MR. BOSI: Staff had found it consistent. And the reasons cited for the rezone and the numbers within the growth management plan, based upon -- based upon the zoning arrangement within the area, staff found it consistent. CHAIRMAN COYLE: Even when you took it to the CCPC? MR. BOSI: That was the recommendation taking it to the CCPC, and it's still the recommendation of staff. CHAIRMAN COYLE: Okay. So you're still recommending approval? MR. BOSI: Yes, sir. And Mike Bosi from zoning and land development review for the record. Thank you. CHAIRMAN COYLE: Okay, thank you. We have some-- MS. FILSON: We have three public speakers, Mr. Chairman. CHAIRMAN COYLE: -- speakers, okay. MS. FILSON: Jonathan Smith. MR. BOSI: Excuse me, Mr. Chairman. Jonathan Smith had to Page 290 September 27,2005 pick up his son at seven o'clock. He had expressed to me that the one point that he was really pushing for was that he wanted to see the access for the project come off Radio Lane and not Palm Springs Boulevard. With the inclusion of item number one, he was satisfied, and he wanted me to convey that to you. CHAIRMAN COYLE: Okay. Thank you. MS. FILSON: Next speaker is Cathy Gorman. She'll be followed by Timothy Gorman. MS. GORMAN: Hi. Thank you for your stamina as well. I'll speak fast because it's past my bedtime. Maybe I can -- I can answer what happened at the planning committee. They had letters from over 42 -- it was about 44 residents, plus there were a number of neighbors there, people who spoke. Nobody's here tonight now except me. The reason -- what they did was they listened to us, the same as you listened to us when we came before you with Triad. I don't know if you remember that. It was about eight months ago. We came before you, we made our concerns known. We're extremely concerned over the traffic in the area. So when we went before the planning commissioners, what happened was we made them aware that when was presented to us as neighbors, MAC presented a great deal of four-bedroom units with two-car garages, plus two cars in the driveway for each one, plus on-street parking. We weren't talking about physical building density by that point. We're talking about people density, about traffic density. What's happened in the three weeks since that time -- okay. So-- I'm sorry. To back up. The planning committee really listened to us, and that's what happened with that 7-2 vote. They took everything that we said into account, especially regarding safety and the traffic. What's happened since then is we have been approached by basically Tim and other people, and they said, this development is going to be purchased. One of the big problems when it was first Page 291 September 27,2005 presented, too, is that MAC, by their own admittance, is a commercial developer, and they told us, you know, we want to do it commercial, or they would think about doing it commercial. Anyhow, as residents, there's still a few -- and I don't want to -- I do not want to grab defeat from the jaws of victory here by mentioning this. There are a few residents that still are thinking that maybe it still should be commercial. Where we disagree with staff is that as far as commercial goes, this area is surrounded by commercial. I just have a smaller map. You can see everything in yellow is commercial. So it's -- it's, by two sides of it, surrounded by commercial, and the property itself is commercial. That's what the residents were standing on. But since that time, they've come to us and said that if this PUD goes through and it's at eight density, then MAC is going to sell it to Florida Heritage. The neighbors don't have as much of a problem now, as Mr. Hancock said, because they've reduced the people density for us and the vehicle density. The most critical thing that we would ask you for is, I'm still not 100 percent sure that your traffic people agree that their entrance should be off of Radio Lane. For us as residents, that's the most important factor in this whole thing. Triad is already -- okay. Palm Springs -- Palm Springs is a small street, and Triad is already coming into it, and basically, you know, impacting it. To have another development -- and I'm going to say if it's 86 units, we're talking at least 160 cars -- now also impacting a small street with people trying to get out, it's going to create a problem for us. CHAIRMAN COYLE: Okay. MS. GORMAN: By putting it on Radio Lane, that helps us. CHAIRMAN COYLE: Thank you very much. MS. FILSON: You final speaker is Timothy Gorman. CHAIRMAN COYLE: Tim, are you just going to say ditto? Page 292 September 27, 2005 MR. GORMAN: Pretty much. I'm nobody that showed up. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Tim, don't go away. The system does work, doesn't it? MR. GORMAN: Yes, it does. COMMISSIONER HENNING: You know, you didn't get a good response at the neighborhood meeting, and I think they heard it loud and clear at the planning commission, didn't they? MR. GORMAN: Yes, they did. COMMISSIONER HENNING: And we need to carry that through throughout this proj ect and the developer needs to be a good neighbor, right? MR. GORMAN: And that was the response we got from -- when Tim came back to us the second time, they approached it as, we want to be your neighbor and we want to work with you. And that makes a huge difference; it really does. COMMISSIONER HENNING: And let's make sure that they do, because I know that your organization, or your neighborhood, is very voiceful and you get things done, and -- so let's see if we can do that. MR. GORMAN: We're not afraid of telephones or e-mail. COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: Okay, good. MR. GORMAN: Thank you very much. COMMISSIONER HENNING: I do have one disclosure. I did talk to a planning commission member. I heard from Mr. Hancock a lot of mays and not shalls, and I hope Mr. -- our attorney has the -- MR. WHITE: Yes, Commissioner. Assistant County Attorney Patrick White. COMMISSIONER HENNING: Do you have extra copies? MR. WHITE: I did get one, and there were a couple of Page 293 September 27, 2005 questions. I don't know if you want me to try to address them on the record or work with Mr. Hancock afterwards. I'd be happy to do either. COMMISSIONER HALAS: I think we -- CHAIRMAN COYLE: Well, let's do it on the record. MR. WHITE: Okay. Under number one -- I'm sorry, number two, the asterisks that indicate what would be in the PUD document versus not falls at the end of the first sentence, and the question I have is whether the second sentence, the no four-bedroom units will be constructed, would also be in the PUD document. MR. HANCOCK: It can if you believe it offers additional clarification. COMMISSIONER HALAS: Yes. MR. WHITE: I do. Under number 3, the same question as to the last sentence pertaining to the text, additional parking spaces may be grouped. I believe likewise that it would add greater clarity for future application by staff. MR. HANCOCK: Yes, sir. I have no problem including that sentence. MR. WHITE: Jumping from those that have the asterisks to numbers four and five. Four has the phrase in it with respect to pledging to work with the owners. And all I would ask -- because this is obviously my first time seeing this document as well, how, and whether that was intending to be expressed in any way as a financial commitment or some other type of resources, and if you're prepared at this time to put that on the record. MR. HANCOCK: What we committed to the residents -- they asked us to work with them and Triad, and we can only control one-third of that equation. To that degree, if Triad is willing to share in the cost of the construction of that fence, we will pay for 50 percent of the fence and the installation of the fence, Triad picking up the other half. We believe that to be fair. That's what we discussed with Page 294 September 27,2005 the residents, and they were comfortable that that was a significant commitment. COMMISSIONER HALAS: And what about Triad; were they a buy - in on this? MR. HANCOCK: You're going to see them at SDP, and that may be the time that your staff can lasso that. We have not met with them on this specific issue. Ms. Gorman has a better relationship with Triad than anyone, and I don't think they want to make her angry. MR. WHITE: I'd advise them, Commissioners, that if there's no objection from the applicant's agent, that that would also be a condition in the PUD, appropriately located, as to the 50 percent commitment conditioned upon Triad meeting the other 50 percent. COMMISSIONER HENNING: Well, here's what I want, at least, you will build 25 percent of the cost. MR. HANCOCK: I'm sorry? COMMISSIONER HENNING: You'll build 25 percent of the cost, period. COMMISSIONER HALAS: He said 50 percent, didn't you? COMMISSIONER HENNING: Well, I mean, they're going to-- if they were going to -- no, I got my math screwed up now. If Triad agrees 100 percent will be done -- so let me just say 50 percent of it will be built, period. MR. HANCOCK: I understand where you're going. If they don't do it, can we build half of the length of fence? COMMISSIONER HENNING: Right. MR. HANCOCK: And I think we're comfortable with that. What it requires is, it's going to require -- and Ms. Gorman and Mr. Hampton, who could not be here tonight, know this, they're going to have to get permission from the property owners in their neighborhood to allow the fence to be constructed. So if I understand you correctly, if Triad decides not to participate, will we place half of the length of the fence in place. Is Page 295 September 27,2005 that -- COMMISSIONER HENNING: Correct. MR. HANCOCK: Okay. Client indicates yes. So yes, we will agree to that. MR. WHITE: And my request would be -- MR. HANCOCK: Correct. And we have to ask permission from the property owners. MR. WHITE: Yes. MR. HANCOCK: But I'll leave that to Ms. Gorman's persuasive abilities. MR. WHITE: And my recommendation to the board would be that without any objection from the staff or the applicant, that that would be a condition of the PUD properly located as well. COMMISSIONER HALAS: Yes. MR. HANCOCK: Yes, sir. MR. WHITE: Okay. And then I think the last issue is with respect to number five. It indicates with respect to the bus stops that the applicants will assist in the construction of a bench with shelter, and, again, I would simply ask the -- and it says, if it's deemed to be warranted, that meaning the bus stop and shelter. I don't know. I'm assuming that the school district would be the ones who'd make that determination. COMMISSIONER HENNING: I've never seen any -- MR. HANCOCK: And I'm sorry. I maybe need to reword that. MR. WHITE: So I'm asking the question, warranted -- deemed warranted by whom, and then the second question is -- COMMISSIONER HENNING: Warranted by the Board of Commissioners. MR. WHITE: -- will assist how? COMMISSIONER HENNING: Why don't we just say warranted by the Board of Commissioners? And I find it warranted. MR. HANCOCK: Well, right now the school board does not Page 296 September 27, 2005 have a bus stop along our property line. What Mr. Hampton is trying to do is get the one that's across Radio Lane possibly moved, and so they're talking with the school district about a future bus stop. And we don't know if they'll want that down at the comer; in other words, it's something the community is working on. And what they asked is if they can get the school board to approve a bus stop location that is along our property line, will we construct a shelter and bike rack. What I'm trying to say is, yes, we will. COMMISSIONER HENNING: Okay. Well, let's just say MAC Builders will assist and facilitate on building a bus stop shelter in accordance to the wishes of the school district. MR. HANCOCK: I'm comfortable with that language, Commissioner. COMMISSIONER HENNING: And are we saying -- I mean, MAC Builders is not going to be the property owners. So do we need to say the PUD? MR. HANCOCK: Well-- and that's why I had the language, or the project successor/owners so that it carries with the property itself, not just with MAC Builders. COMMISSIONER HENNING: Okay. MR. HANCOCK: That was my intent. COMMISSIONER HENNING: We need this language to carry with the PUD, carry with the land. MR. WHITE: Correct. COMMISSIONER HENNING: Okay. MR. WHITE: And the PUD's provisions do. The PUD document's provisions do. MR. HANCOCK: And it's my understanding, Mr. White, that you wish this also to be a provision stated in the PUD? MR. WHITE: Yes, I believe they should be. COMMISSIONER HENNING: What about the sidewalk issue on your main, I would call, Spline Road? Page 297 September 27, 2005 MR. HANCOCK: Oh, we removed that. COMMISSIONER HENNING: Okay. MR. HANCOCK: We'll construct sidewalks on both sides of the internal roadway. COMMISSIONER HENNING: I would -- your -- the people from Heritage is here? MR. HANCOCK: Yes. Mr. Evan Weaver with Florida Heritage is here. COMMISSIONER HENNING: You know, we request the applicant to meet with the residents, and I'm glad you met with them a second time because I think you realize how we do things here in Collier County. These folks are very good communicators, and you don't want them to communicate to the county on your construction product when you're constructing, okay? So I'm just giving you heads up, if you be good neighbors, they'll be good neighbors with you. MR. WEAVER: We're a local business, Commissioner. COMMISSIONER HENNING: On the east coast? MR. WEAVER: No, sir. We're in Naples. We've been in Naples for 33 years, so we -- COMMISSIONER HENNING: Oh, you're the different one; you're a different one than -- MR. WEAVER: Yes, sir, COMMISSIONER HENNING: -- at the neighborhood meeting? MR. WEAVER: Yes, sir -- well, yes. COMMISSIONER HENNING: All right. I'm ready to make a motion. CHAIRMAN COYLE: I'm ready for a motion. You want to make one? It's your district. COMMISSIONER HENNING: Commissioner Fiala -- COMMISSIONER HALAS: Two other commissioners who may have questions. CHAIRMAN COYLE: Well, you can ask questions after the Page 298 September 27,2005 motion's made. But Commissioner Fiala? COMMISSIONER FIALA: Florida Heritage, you're a local firm, but actually it's going to be owned by somebody in Miami, right? And this -- CHAIRMAN COYLE: No. COMMISSIONER FIALA: Well-- MR. HANCOCK: No, ma'am. The contract is currently assigned to Florida Heritage, LLC, that the only condition is approved at eight units per acre. Once that occurs, they then will close on the property and will be the owner and developer. COMMISSIONER FIALA: I see. Okay, fine. Secondly-- MR. HANCOCK: This will not be developed by a Miami company. COMMISSIONER FIALA: Well, it says that in here, so that's why I'm just asking. MR. HANCOCK: Yes, ma'am, for clarification. COMMISSIONER FIALA: We talked about fence. I would like to add, if it's agreeable with my fellow commissioners -- I don't want to see chain link fence there. I don't think that these people have to have chain link fences, okay. So I would like that as a proviso. Third, you were saying no four-bedroom homes, but three bedrooms and a den are a four-bedroom home really. MR. HANCOCK: Understood, and that's the language we had agreed to with the residents. If we say -- I mean -- COMMISSIONER FIALA: I know where they're coming from because we see it happen all the time where the bedrooms are then rented out and that's why they need extra parking spaces because too many people are in an apartment and so they all stay in the parking lot in their cars until the nighttime. I mean, we have to live with that a lot, and I know what they're -- where they're going to from, and I just wanted to make sure that they were protected. Thank you. CHAIRMAN COYLE: Commissioner Halas? Page 299 September 27,2005 COMMISSIONER HALAS: The only thing I want to just address here, we talked about the bus stop, and basically we're saying it -- involving the school board. What about the possibility there might be a bus stop for CAT because of the fact that, as prices of gas keep going up, I'm sure that residents in here, since you're going to build an area of 36 -- or 86 homes, I'm sure that there's going to be not only your area, but other subdivisions that are in here that may be interested in possibly having a bus stop there and a shelter. MR. HANCOCK: We can certainly commit to meet with your transportation department and CAT prior to the SDP submittal and find out if that is something that needs to be addressed, sir. COMMISSIONER HALAS: That would be wonderful. MR. HANCOCK: Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'm going to go back to an issue that's come up several times now. I just want to feel a little bit more comfortable with this. The planning commission, I mean, for them to come out 7-2 and be totally wrong, I just don't understand where that's coming from. I mean, they must have found this on some sort of good faith. Nothing's changed since the planning commission really heard it other than possibly some fences or some bedrooms. Nothing that would really impact any of these concerns of theirs. COMMISSIONER HENNING: I'll tell you what was explained to me by a planning commission member, if you don't mind. COMMISSIONER COLETTA: Please do. COMMISSIONER HENNING: Is the residents at the neighborhood meeting was told you have no say-so in my project. COMMISSIONER COLETTA: That doesn't make any sense. Why would they list a whole bunch of obj ections that aren't true? COMMISSIONER HENNING: Well, because the applicant Page 300 September 27,2005 went to the neighborhood and said, you have no say-so in my project, and it got back to the planning commission members. COMMISSIONER COLETTA: And so they listed a whole bunch of false listings in the book which they really didn't believe was true at the time? COMMISSIONER HENNING: I'm going to keep my mouth shut. COMMISSIONER COLETTA: No, I'm very distressed by this. I really am. MR. HANCOCK: Commissioner, if I can attempt to offer an interpretation. Things don't always go as smoothly as you want them to. I've been involved in this for 15 years, and sometimes when you show up at a meeting with elevations that we thought the neighborhood would love; they hated them. In that meeting -- and my client, this was the first petition in Collier County. He had not been through this process before. And I will tell you, there was some butting of heads at that meeting. It doesn't go as well as you would like. As a result of that, instead of continuing with communication to the planning commission, the communication ceased at that point. So the planning commission became the arbitrator, if you will, of the differences. And when the neighborhood -- and we all understand, compatibility is a broad subjective term, and if the residents felt and -- that this was not compatible, it certainly is their opinion, the planning commission agreed with that, then that may be a reason for the citations they provided regarding compatibility. The difference between that and now is that there has been additional language. There have been amendments to the PUD. There are additional items being crafted today that have provided the residents a degree of comfort they did not have at that time. And if I could boil it down to one word of the planning commission, I'd use the word trust. There was not a level of trust on Page 301 September 27,2005 the part of the residents with what they had heard at that time. I think we've bridged that gap, and that changes how you perceive the impact of a project tremendously. So while I don't agree with the findings of the planning commission nor, frankly, does your staff, based on their report, agree with the findings, Commissioner Henning said it best, they served a purpose. Even if I don't agree with their findings, that they put the parties back together to try and arrive at a mutually beneficial proj ect. To turn this down today will maintain that it will be developed commercial. I don't believe the majority of the residents want to see that happen. They would rather go with the known in front of them than the unknown of development under that commercial zoning. And so just because the findings are something I don't agree with and I don't believe they were supported by evidence in the record, they served an intended purpose, and that was to arrive at a feeling of comfort and trust with the neighborhood that resulted in the changes you see. COMMISSIONER COLETTA: Thank you, Mr. Hancock. CHAIRMAN COYLE: Commissioner Henning, do you have a motion? COMMISSIONER HENNING: Yeah. I'm going to make a motion for approval with the stipulations that was given to us in Exhibit A and further amended of Exhibit A. That's my motion. CHAIRMAN COYLE: Okay. MR. MUDD: No chain link fence? COMMISSIONER HENNING: Well-- MR. MUDD: I don't know. It was mentioned by Commissioner Fiala. MR. HANCOCK: I believe it would be prohibited on a residential parcel. COMMISSIONER HENNING: Then you get a wooden fence that somebody has to maintain. Page 302 September 27, 2005 MR. HANCOCK: Yes. And that's an issue we'll have to address with the neighbors. We talked to them about maintenance and ability to maintain. What we're going to look for is to put something in that doesn't require the maintenance. That would be plan A. COMMISSIONER HENNING: Yeah, okay. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Second by Commissioner Fiala. Any further discussion? COMMISSIONER HALAS: Can I ask, what options do we have open if we're not going to -- if we don't put a chain link fence up, we don't put a stucco fence up; can it be a hedge of some kind? MR. BOSI: Commissioner Halas, the only option within a residential zoning district for the boarding of the property would be for a stucco fence. Other than that, it would be a continuous -- contiguous hedge that has to be up to a certain height after one year of growing -- I believe it's 48 inches -- offset by one tree every 30 feet, would be an alternative to the traditional wall. COMMISSIONER HALAS: Okay. I think something -- I think that's something that ought to be discussed with the neighbors and let them come to that resolution, that way we can make sure that it's -- aesthetically blends in with the neighborhood. CHAIRMAN COYLE: Yeah, that's -- I think that's what they're going to do, right? You're going to work for the neighborhoods. COMMISSIONER HENNING: It's got to be stucco, like he said, so -- COMMISSIONER HALAS: Can't be a hedge? COMMISSIONER HENNING: Well, it could be a hedge, but it can't be a cyclone -- MR. HANCOCK: Yeah. The hedge doesn't resolve the Page 303 September 27,2005 residents' concern about the foot traffic coming through. The type of fence we're talking about here are those concrete panels that don't require maintenance because they have the color embedded into them and -- CHAIRMAN COYLE: You bury a couple strands of barbed wire in that hedge and it does wonders to keep from -- MR. HANCOCK: If I can get that past code, I'd be happy to do it but-- , COMMISSIONER HALAS: -- constantino wire. CHAIRMAN COYLE: Yeah, constantino wire. Works real good. Okay, all right. Does everybody have their questions answered? There can't be any more questions that don't have answers here. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. Commissioner Coletta just opposed on principle, so we have 4-1. Commissioner Coletta is in opposition. Okay. County Manager, what items do you want -- do you absolutely have to have right now and which items are going to get postponed? Item #8F TO REPEAL ORDINANCE 90-30, AS AMENDED, THE SOLID WASTE COLLECTION AND DISPOSAL ORDINANCE AND REPLACE WITH ORDINANCE NO. 05- CONTINUED TO Page 304 September 27,2005 OCTOBER 11~ 2005 BCC MEETING - APPROVED MR. MUDD: Okay. Commissioner, I would request that 8F be continued until next meeting. CHAIRMAN COYLE: Okay. Let's make a motion about 8F right now. COMMISSIONER FIALA: Motion to continue 8F, which is number 17E, till the next meeting. CHAIRMAN COYLE: I second it. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It's continued. MR. MUDD: Commissioner, that brings us to the next -- gentlemen, could you keep it outside, please? Item #10B DISCUSSION AND REVIEW OF THE COUNTY'S NOISE ORDINANCE (CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE IV) AS AMENDED - CONTINUED TO THE OCTOBER 11~ 2005 BCC MEETING - APPROVED Brings us to the next item, which is lOB. I'd like to be able to continue that item till the next meeting. CHAIRMAN COYLE: Okay. Motion to continue item lOB to our next meeting? Page 305 September 27,2005 COMMISSIONER FIALA: Motion to continue item lOB to the next meeting. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala and the second by Commissioner Coletta. Al 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 is continued indefinitely. Item #10F APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH MCDONALD TRANSIT ASSOCIATES, INC. TO PROVIDE CONSOLIDATED MANAGEMENT FOR THE COLLIER AREA TRANSIT AND THE PARA TRANSIT SYSTEMS NOT TO EXCEED $4~885J62.00 - APPROVED MR. MUDD: Commissioner, the next item that we need to hear is 10F, and it's a recommendation that the board approve and authorize the chairman to execute an agreement with McDonald Transit Associates, Inc., to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162. And Mrs. Diane Flagg, the Alternative Transportation Mode Director, will present. MS. FLAGG: Good evening, Commissioners. CHAIRMAN COYLE: Diane. Page 306 September 27,2005 MS. FLAGG: Just for -- COMMISSIONER HALAS: Move for approval. CHAIRMAN COYLE: Motion for approval by Commissioner Halas -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- second by Commissioner Fiala. Any further questions? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: Excellent presentation, Diane. Thank you very much. COMMISSIONER HALAS: Thank you very much. COMMISSIONER FIALA: Gleaming. Item #10G TO APPROVE A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA) AND MERIT INCREASE FOR THE OFFICE OF THE COUNTY ATTORNEY - TO BE CONTINUED TO THE OCTOBER 11~ 2005 MEETING - APPROVED MR. MUDD: Commissioner, I don't know if you want to touch this pay thing. It could be lengthy. Page 307 September 27, 2005 CHAIRMAN COYLE: Don't touch it. MR. MUDD: I will tell you there's -- okay. I'd ask to continue lOG and 10H. CHAIRMAN COYLE: Okay. Now let me explain the reason I wanted to do this, is I wanted to have some time to discuss consistency and compatibility of pay schedules for all of the county -- the Board of County Commissioners' employees, and that's the only reason. I have no problems with adjusting them or whatever, but I want to talk about consistency, and I can't do that now, okay? So can we -- is there a motion to continue these until the next meeting? Commissioner Halas? CHAIRMAN COYLE: Let's take one at a time. 16K11, which was changed to lOG. COMMISSIONER COLETTA: Motion to continue. CHAIRMAN COYLE: Motion to continue by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second -- I'm going to get to you. Second by Commissioner Fiala. And Commissioner Halas has a question or comment. COMMISSIONER HALAS: I just want to say that I go wholeheartedly -- agree wholeheartedly with you in regards that all county manager -- people under the county manager and associates should go by the same guidelines in the pay schedule. CHAIRMAN COYLE: Okay. Thank you very much. And-- okay. All in favor of the motion to continue, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 308 September 27, 2005 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is a unanimous decision to continue. Item #10H TO ADOPT A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, PROVIDING FORA GENERAL W AGE ADJUSTMENT AND MERIT INCREASE AND ALSO TO CONTINUE AUTHORIZING THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPSED 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN - TO BE CONTINUED TO THE OCTOBER 11" 2005 - APPROVED Now, item 16E1, which has been redesignated at 10H, is a similar -- COMMISSIONER COLETTA: That'd be very short. I pulled it, I can handle it in about -- CHAIRMAN COYLE: No, no. I pulled this one. But I think -- yes, I did. COMMISSIONER COLETTA: E1? CHAIRMAN COYLE: No, it's H, 10H. COMMISSIONER COLETTA: Okay. Forgive me. MR. MUDD: And that is 16E1. COMMISSIONER FIALA: 16E1? CHAIRMAN COYLE: That's 16E1, that's right. That's what I said. MR. MUDD: Yes, sir. Page 309 September 27, 2005 CHAIRMAN COYLE: So is there a motion to -- motion to continue? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: So moved. CHAIRMAN COYLE: Motion to continue 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: Okay. 16E is continued. Now, we go to 16B2, which was 101, and Commissioner Fiala-- MR. MUDD: That's already done. CHAIRMAN COYLE: That's already done. MR. MUDD: You voted 5-0. CHAIRMAN COYLE: Now- Item #10J MEMO FROM COMMISSIONER HENNING TO JIM MUDD, COUNTY MANAGER, REGARDING GOLDEN GATE LIBRARY DATED SEPTEMBER 19,2005 WITH ATTACHMENTS - MEMO WILL BE FILED IN THE BOARD OF COUNTY COMMISSIONERS OFFICE PER SUE FILSON - MOTION TO REMOVE ITEM 16-II-DI-APPROVED MR. MUDD: That brings us to the next item, which is 10J. We can continue that discussion -- Page 310 September 27,2005 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Is that the item on the correspondence? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Let's do it and get it over with. COMMISSIONER COLETTA: Yeah, this will take just a minute. CHAIRMAN COYLE: Okay. Who pulled -- I think Commissioner Halas -- COMMISSIONER COLETTA: I did. CHAIRMAN COYLE: I thought Commissioner Halas -- COMMISSIONER HALAS: I pulled that. COMMISSIONER COLETTA: You pulled it, okay. CHAIRMAN COYLE: Yeah, Commissioner Halas did. COMMISSIONER HALAS: In one of the memorandums that was sent to all of us commissioners, I believe, by Commissioner Henning, my only concern was I didn't understand fully what he meant when he says, my only intent, as I stated earlier, is to regain the authority of the BCC for the people, which is outlined in the Florida Constitution. I felt that -- I didn't think that we were losing any authority here. So if someone can -- maybe Mr. Henning, if you could explain what you were talking about here. COMMISSIONER HENNING: Yes, I'd be happy to. It was brought to my attention because of the library issue -- now, the county manager and I are going back and forth about that, and I'm not after Jim Mudd. I'm supporting of him, his continuance working for the county, but I just want to be aware of our ordinance called the growth management plan. And I've asked the people in the -- where Kady sits, what do they call that? COMMISSIONER COLETTA: Control room. COMMISSIONER HENNING: Control room to go to the Page 3 11 September 27,2005 county website, and then go to planning, which is comprehensive planning. MR. MUDD: Down two. Down one more. Right there. COMMISSIONER HENNING: And go to growth management plan, and go to the parens, five-year capital improvement element, and that's what I'm talking about, Commissioners. And I'm not going to study (sic) on this issue, but there are other capital improvements that are being delayed and there is a process within the growth management plan that allows us to do mid-year amendments to the CIE. We have passed those time frames, and all I did was ask the county commissioners -- and I sent -- him and I went back and forth in e-mails, and what I would like to do is for Commissioner Fiala to say, hey, East Naples, I'm building you a library. But there are parks that Commissioner Coletta might be -- should be aware of. There's a roadway that should be done. And I think the public knows because this is on the public website, and we're telling the public that, and it is our ordinance, and I just want to stick to our ordinances. Commissioners, this morning we were -- on the whole issue about the Golden Gate Library and the grant, I provided in the public record to where it was accepted. It was accepted long before the commissioners said, okay, go to the state for renewal of this grant, okay? And it is June or July. Commissioner, you pointed it out. It was the last meeting that our staff came to us and said, we're going to go back and renew this grant. And what I find is, what we're doing is, is giving -- we're not doing -- accepting -- we're not giving direction, and things are not brought to me -- brought to us, and we're giving -- oh, I forget, it's getting kind of late. I would like for us before the staff -- and maybe Jim Mudd is not aware of this, that -- some of the staff in the example of this grant, Page 312 September 27, 2005 they got it. They said -- the state said, okay, you got it. You got it back in June or July, and then your library staff comes back and says, oh, well, I guess we need permission from the county commissioners, and that was at our last meeting. COMMISSIONER HALAS: I thought we had given permission when we addressed the AUIR reports; am I correct? MR. MUDD: Yes, sir. CHAIRMAN COYLE: You know, we're not going to solve this tonight. Let me tell you, if we expect absolute precision on dates on a five-year capital improvement schedule, we are really smoking something strange. And I've experienced this same sort of thing. But let's take the Golden Gate Library as an example. Now, I don't know what happened to cause the confusion. I know that there was some mix-up in communications, and the residents got some bad information -- or some information that led them to believe we were doing something we really weren't doing. But now just today we have said, let's take a look at vacating a street to build the Golden Gate Library or build a larger Golden Gate Library. Now, that hasn't even been designed yet, we haven't even taken action to vacate the street, we haven't looked at the water -- stormwater issues, and we're going to have to go back to an architect for redesign. Now, it is unbelievable to me that we're paying $500,000 to redesign something, and we've had that contract out there for a long time. That just numbs my mind. We ought to have a standard design for the libraries, just like CVS Pharmacy or something. You know, you have a standard. Why spend half a million dollars every time you want to design a library? But my point is, that things like that come up. And there are things that have surfaced by residents or surfaced by a commissioner and they result in changes to the plan, and I don't think we can chisel Page 313 September 27, 2005 these things into concrete and expect them to pop right out in exactly the same month that was put into a five-year plan. But we're not going to solve that problem right now. Commissioner Henning has some concerns, and I think we have to address them, but we're not going to find the solution here tonight. COMMISSIONER HENNING: I don't think you mean that you __ you're saying that it's okay for our staff to amend our ordinances. CHAIRMAN COYLE: No. COMMISSIONER HENNING: And I know you're not saying that you want to delegate our authority to our staff. I'm just pointing out, things have changed. And, Commissioners, it goes to the administrative code and what we're supposed to do in our -- in 9J-5. And we're telling the state we're doing this, and it was my understanding we're moving forward based on certain things that we passed. And all I'm saying is, come to us and say, things have changed. For whatever reason, we're not going to be able to do this. CHAIRMAN COYLE: But just one more thing, and then I'll be quiet a minute. But right now I would be willing to bet what the staff is going to do is they're going to come back with the AUIR and they're going to say, now, the changes we talked about with respect to vacating a street are going to require certain modifications in our schedule and our budget, and you're probably going to come back a little -- toward the end of the year and tell us about that. MR. MUDD: Yes, sir. CHAIRMAN COYLE: And that's going to have an impact. We've got to give them some opportunity to make -- in other words right now instantaneously, they can't make those decisions. Although today we gave them guidance to do this. They can't make the decisions immediately, so it's going to take some time for them to work through the proper planning process to do what we ask them to do, and it theoretically should show up in the AUIR before the end of Page 314 September 27, 2005 this year. But that's -- that means between now and then the schedule is going to be incorrect. And it's just that kind of a problem that we continue to run into, and I don't think it's anything that is -- that is intentional. But I have the same sort of things with projects in my district, and I understand what you're -- but realistically, when you're dealing with that complexity, it's very hard to -- to manage it with that kind of precIsIon. But Commissioner Coletta, I'm sorry. COMMISSIONER COLETTA: Yeah. And to be honest with you, you're both right. Here's my problem with what this is, is that it's in there as part of the miscellaneous correspondence, and this is what I'm going to ask Mr. Weigel, because one of the things, we all put articles out for the different newsletters that are out there. We're very opinionated, and that's good. We're supposed to be. We don't want to all be cut out of the same material. CHAIRMAN COYLE: Except for me, I'm not. COMMISSIONER COLETTA: Oh, you're very quiet. And we appreciate that, by the way. But it goes into the miscellaneous correspondence and we're going to approve it. Does that mean, Mr. Weigel, that we're in agreement with Commissioner Henning's letter when we approve this particular thing? MR. WEIGEL: No. It's just appearing in the record, and it is being approved as part of the record. COMMISSIONER COLETTA: Well, possibly, to make sure there's no misunderstanding, shouldn't the records also include this proceeding today and the part about the Golden Gate Library and the discussion we've had this evening? MS. FILSON: The miscellaneous correspondence is typed from our office, and it eventually goes upstairs to the clerk's office to be Page 315 September 27, 2005 filed for public record. And it will be filed along with the minutes of today. COMMISSIONER COLETTA: Yeah, but there -- it would be nice if there's some sort of reference back so that people at some point in time would be able to refer from one to another and know that the letter, while there's some fact to it, it's a product of opinion, and it might not -- and it might not necessarily be the total view of the board itself. That was my concern. COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: I mean, I have no problem with Commissioner Henning's memo, absolutely none. I do have a problem with it being in here. I've never seen this take place quite like this, although maybe it's been taking place. If I didn't flip the page over by accident, I never would have seen it. It's strange how it was printed, too. You look and you've got a white page, and it's printed on the back side of the white page. Well, probably they just put the holes in the wrong side. But all of a sudden, you're looking at it, you're going down it real quick, and bang, that jumps right out and it bites you. Is this a normal standard procedure that you've seen many times before? I never entered a record -- a letter into miscellaneous correspondence in five years now. I don't know if anybody-- MS. FILSON: Years ago -- years ago we used to put lots of stuff on miscellaneous correspondence. It used to be like four and five pages long, like every letter that came from the state and if someone came and said, we would like this posted on miscellaneous correspondence, I would put it on there. COMMISSIONER COLETTA: Why? MS. FILSON: For public record to file with the clerk. It was Women's Republican Club that came in and had that question. CHAIRMAN COYLE: Okay. I'm getting ready to leave here, so let's bring this thing to a conclusion. Page 316 September 27, 2005 MR. MUDD: Commissioner, I need to ask one thing. CHAIRMAN COYLE: Okay. MR. MUDD: Basically it infers that I exceeded my authority by putting out an RFP for a library design to -- that's ultimately going to get built in '07/'08, and I -- and so I'm trying to figure out -- I just can't build it overnight. I've got to get it designed. It takes about a year. Then it takes about six to eight months to get permitted. By the time you cut a construction contract, oh, by the way, the design contract comes to this board and it gets approved, and a construction contract comes to this board and gets approved before it goes anywhere. We don't spend any money. Yeah, there's some staff time preparing an RFP to go out and get people to bid on it for their plans and specs and whatnot. But that gets the proj ect going so it can actually be complete. Now, if you look at Golden Gate City Library, it was supposed to be built in 2003/2004. We didn't cut the first design on it until September 2003. We cut another design on it in July of2005, and you just changed the design today, and we'll have to bring it to the board the next meeting, hopefully, with the change to that one, and it will add months. I believe both those libraries are going to get done just about the same time, and it's going to be at the tail end of 2008. That's what I'm seeing right now with the way things are going. And I'm just trying to stay ahead of it a little bit in order to get things moving. And the board can, based on finances, if we don't have the money, I can't build that particular item. CHAIRMAN COYLE: We have two commissioners who still want to talk. Commissioner Halas and Commissioner Henning. COMMISSIONER HALAS: I just want to inform my other commissioners here that this is a billion-dollar corporation basically. It's a county government, but it's a corporation. Page 3 1 7 September 27,2005 We have a CEO, and what we do is we charge the CEO to address issues, in this case addressing growth and how we're going to pay for it, whether it's impact fees, whether it's going to be ad valorem taxes or how. What we do here is we set policy. We leave the rest of it to the county manager, who is the CEO, and there's no reason for us to sit here and try to micro manage him. This man has got a lot of work, or this person's got an awful lot of work, and he's got -- we need to make sure that we're moving at a rapid pace because we have a lot of growth that's coming into this county. And to be tied up on a particular issue -- and we're looking for the financing to take care of it so that we can address both libraries -- I just don't want to see us continue to micro manage the manager. Thank you very much. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I think what you're saying is you want to delegate the authority, because this is an ordinance, Commissioner. And I'm not asking for too much. The word I want -- the phrase I want to use is, don't ask for forgiveness, ask for permission. And it's our ordinance and policies, and they can't be changed except by the elected officials. And I would hope that we would have the RFP on a regular calendar schedule, and I think it's on the second meeting in October. Put it on the regular agenda and say, oh, by the way, we told the Collier County residents that this is not going to start until 10 of 2007. We're going to start it almost a year early and get it done. I think that's good news. Does -- anybody doesn't agree with me? COMMISSIONER HALAS: Well, I don't understand why all the correspondence going back and forth -- COMMISSIONER HENNING: Read your growth management plan. Page 318 September 27,2005 COMMISSIONER HALAS: And you make a statement that we're not -- that we're losing control. I don't understand that statement. I still don't understand that statement. CHAIRMAN COYLE: Why don't we -- we're dealing with one little item of correspondence in this agenda. If somebody would like to make a motion -- COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: -- that we -- okay. He's made a motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: The item, the agenda item. CHAIRMAN COYLE: There's a second by Commissioner Fiala. COMMISSIONER FIALA: All we're doing is accepting that there's been correspondence. We're not accepting the content. CHAIRMAN COYLE: You're accepting a statement that implies that the county manager is not doing his job. COMMISSIONER HENNING: No. CHAIRMAN COYLE: And it does not contain the entire issue, a description of the issue, or any rebuttal of the facts whatsoever. I do not agree with it. COMMISSIONER FIALA: Okay. Then I'll withdraw my second, if that's -- if that's what you're saying. I did not take it that way at all. I just took it as a matter of correspondence. When Jim Mudd pointed it out to me and said -- he was concerned that it impugned his reputation. We would never want that to happen because we think he's doing an outstanding job, and all think that, all five of us, and all of the staff, too. I just took it as a matter of correspondence. I'm sorry that it's taken any other way. COMMISSIONER HENNING: Mr. Weigel said that. It's just a matter of correspondence. You're-- COMMISSIONER FIALA: That's right. COMMISSIONER HENNING: You're not agreeing with it. Page 319 September 27,2005 CHAIRMAN COYLE: We have a motion on the floor. Is there a second? (N 0 response.) CHAIRMAN COYLE: There's no second. It dies for lack of a second. Is there another motion? COMMISSIONER HALAS: I make a motion that the items in 9 A (sic), I believe it is -- I closed my book -- be pulled from the record. COMMISSIONER COLETTA: You don't want to pull every item? COMMISSIONER HALAS: Just 9A (sic). CHAIRMAN COYLE: That one, D. COMMISSIONER HALAS: Excuse me. COMMISSIONER COLETTA: D-1. COMMISSIONER HALAS: D-1, excuse me. I'm sorry. I closed my book too soon. MS. FILSON: What was the motion, sir? I didn't hear it? COMMISSIONER HALAS: To pull the material out of 9D. COMMISSIONER FIALA: Does that mean that he didn't have that correspondence? I don't understand. What does that make it? MS. FILSON: Do you want me to take the backup from 9D and add it to miscellaneous correspondence? COMMISSIONER HALAS: Not -- no. The information on D-1 to be pulled from 16 -- CHAIRMAN COYLE: Miscellaneous correspondence. COMMISSIONER HALAS: -- miscellaneous correspondence, D-1. MS. FILSON: Oh. Take the letter out of miscellaneous correspondence? COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: Is there a second? Page 320 September 27, 2005 I'll second it. Okay. 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: Okay. CHAIRMAN COYLE: Okay. It passes 4-1 to remove it. That does not mean that the letter disappears. It is a piece of correspondence from Commissioner Henning to -- MS. FILSON: It's going to be filed in our office, and ifit stayed in here, it would be filed in the clerk's office, and it's all public record. CHAIRMAN COYLE: Okay. All right. Now, is there anything else that needs to be done? MS. FILSON: I have one public comment, sir, which is next. And I believe Kenny Thompson is gone. COMMISSIONER FIALA: He left hours ago. CHAIRMAN COYLE: He's not here. Okay. COMMISSIONER HENNING: What did we do with the contract on 1 7 -- CHAIRMAN COYLE: We continued it. COMMISSIONER HENNING: -- E? COMMISSIONER FIALA: Yeah, that's continued. CHAIRMAN COYLE: We continued it. MR. MUDD: We continued it, sir. CHAIRMAN COYLE: Yeah, to the next meeting. MR. MUDD: It was advertised. This way the advertisement will continue to the next meeting. CHAIRMAN COYLE: Okay. So we are at public -- we finished public comment. Now, County Attorney, do you have anything? Page 321 September 27,2005 Say no. Item #12A RESOLUTION 2005-343 - INITIATE NEGOTIATION PROCEEDINGS WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE STATE OF FLORIDA DIVISION OF LANDS PURSUANT TO FLORIDA STATUTES, CHAPTER 164 - ADOPTED MR. WEIGEL: We do have 12 -- agenda item 12A, should be heard, it has to do with an authorization of the board for the -- for the county to enter into chapter 164 negotiations. This is the Vince Doerr, Bernie N obellawsuit where we also have as parties the State of Florida and South Florida Water Management District. And we're just looking for authorization to get into the state sanction, that is pursuant to state statute when you've got government entities that are in litigation to go into mediation, and we're hoping that we can include in that discussion, which has to do initially with a lawsuit from Bernie Nobel and Vince Doerr, claiming that we, the county, took away their access rights to their property, and we have brought in the state because we entered into agreements with the state, as you know, for a broad vacation of roadway. CHAIRMAN COYLE: Motion to approve. MR. WEIGEL: So there we go. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coyle, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 322 September 27,2005 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Anything else? MR. WEIGEL: Nothing else. County Attorney-- CHAIRMAN COYLE: Okay. County Manager? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner Fiala asked if, and with the CRA Director, if they could set up a joint workshop to basically bring in a facilitator for -- this workshop's about an hour and a half, like an educational one, just get through, you know, how do you set up the overlay, how do you work through those particular processes, in order to -- and we're trying to find a very successful one so that they can tell us how they got over the early morning pains of getting it started. CHAIRMAN COYLE: Okay. MR. MUDD: And it would probably -- it would probably be a good thing. CHAIRMAN COYLE: Okay. MS. FILSON: Is this the Bayshore CRA? MR. MUDD: It's the Bayshore/Gateway Triangle CRA. We'll do a joint workshop. COMMISSIONER FIALA: And we'd like to invite the other CRA there as well, the Immokalee CRA, if they'd like to sit in. MS. FILSON: We have a workshop set up with them. CHAIRMAN COYLE: Okay. You've got three nods. Go ahead. All right. Page 323 September 27, 2005 MR. MUDD: That's all I have, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm not going to be available -- I'm going out of town tomorrow and won't be back in time to fill out the evaluation that we were supposed to have September 1 for the county manager. So it won't be on the regular agenda. And I'll just have to hand it in on Monday. I'll come in on the weekend and do it. CHAIRMAN COYLE: Wait a minute. Why is that necessary to be handed in before our next meeting? That's when we're going to do it, isn't it? COMMISSIONER HENNING: Yeah. Unless you want to put it off to the -- CHAIRMAN COYLE: Well, it will be October the what, 11th? COMMISSIONER HENNING: Yeah, I won't-- CHAIRMAN COYLE: Oh, you're not going to be here. COMMISSIONER HENNING: I'm not going to be around. Unless you want to put it on the second meeting, then it could appear on the regular agenda, but it was already passed at the beginning of the meeting. I'm just saying I won't have it in. I was supposed to have it -- I think we were supposed to have it September 1 by the contract of each year. MS. FILSON: Fifth. Wasn't it the 5th; October 5th, Jim? MR. MUDD: Well, I'm asking -- my contract states that the Board of County Commissioners gives the manager by 1 September their rating of him. MS. FILSON: Okay. MR. MUDD: And I put that in the memo today when I gave you my rating. And I gave that to Ms. Filson this morning. You probably have it in your in box at home (sic). And I basically said, if I'm going to get it on the agenda for the 11 th, if you could please return your comments to me by the 5th of October, and then I can get it in so it Page 324 September 27,2005 can be published. But if a commissioner can't get it in by that time, he can give it to me the day before the meeting, and I'll put it in that way, and I'll give everybody a sheet so that you can have it, and I'd put it out that way as a special addendum to it. I'll publish which ones that we have that are done, and the one that's missing, I can hand up. CHAIRMAN COYLE: Sounds good to me. Okay? Is that okay, Commissioner Henning? COMMISSIONER HENNING: That's fine. I just wanted you to be aware of that. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: And one other thing, at the -- I went to the impact fee task force meeting in Orlando. I shared -- I had lunch with Al Zachella (phonetic) and shared our concerns about impact fees going away. And he stated to me, Commissioner, I'm not here to take your ability to have impact fees. I just wanted government accountability on impact fees. So, you know, there's correspondence been going back on reports, and I just wanted to tell you what I was told. And, you know, I don't -- who doesn't want government accountability? And the example that was given to us is a school district loaned another school district some monies from their impact fees, and then -- CHAIRMAN COYLE: Who could that be? COMMISSIONER HENNING: -- somehow it got funneled back into the general fund years later, and that's all. I think -- I commend somebody that says government should be accountable. CHAIRMAN COYLE: Yeah, but that's not what the legislation they sponsored said, however. So whatever they're saying now, I don't know about. CHAIRMAN COYLE: Okay. Thank you very much for the report. Anything else? Page 325 September 27,2005 COMMISSIONER HENNING: Nope. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Meet you in a few minutes, Paul. CHAIRMAN COYLE: Okay. I don't have anything. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I do have, as a matter of fact. CHAIRMAN COYLE: I do have something. No, I do have something. COMMISSIONER COLETTA: Go ahead. CHAIRMAN COYLE: County Manager, you are in receipt of a letter, as are each of the other commissioners, from the sheriff asking for an immediate workshop on salary schedules. So if the commissioners do not mind, I think we should -- we should give the county manager instructions to contact the sheriff and work out a date. It will be opportune for us to look at all of these things at one time since we've just continued a couple of them for the next meeting. So if it's okay with you, if there are three nods, he can set up a workshop and we can talk about it. Is that okay? COMMISSIONER HALAS: I have a concern, Chairman. I believe that the sheriff has already put in his pay plan two cost of living adjustments already, and now he's coming forth in regards to not only cost of living, but additional money to be allocated, and I think what that's going to do is blow our budget in regards to what we've allocated for the sheriff. CHAIRMAN COYLE: That is a concern, and -- but that shouldn't be any reason we wouldn't sit down and talk. But you're absolutely right, we have to be very, very careful about making major, major changes to salary and benefits packages. Maybe there are other ways to handle that problem. Okay. COMMISSIONER HALAS: Yes, sir. Page 326 September 27,2005 CHAIRMAN COYLE: I'm sorry. Go ahead, Commissioner Coletta? COMMISSIONER COLETTA: Okay. This is a much lighter note. Last Thursday evening around 11 o'clock, I had a knock at my door. COMMISSIONER HALAS: Uh-oh. CHAIRMAN COYLE: It was the sheriff coming to get you, right? COMMISSIONER COLETTA: No, it was quite a surprise. I mean, it wasn't a trick-or-treater a little too early either. It was a nice lady that lived a couple doors down, and she asked for my help. It seems that she found this dog wandering around. The cutest little puppy you ever want to see. It's called a carian terrier. And so I told her, I says, we'll find a way to get to the -- our humane -- excuse me -- our animal shelter. I want the public out there to know that this dog is named Carlton -- not after Guy Carlton -- and it's already been neutered, vaccinated, and is heart worm negative, and it's in the adoption center now. Its number is A as in apple, 035584. Call tomorrow morning first thing, and you may have a shot at the most beautiful little animal you've ever seen. CHAIRMAN COYLE: I know somebody else who's going to get neutered pretty quickly if they don't stop talking. COMMISSIONER COLETTA: Over. COMMISSIONER FIALA: Cheryl, get him home. CHAIRMAN COYLE: We're adjourned. (The meeting adjourned at 9:06 p.m.) ***** Commissioner Fiala moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** Page 327 September 27, 2005 Item #16A1 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR "ARTHREX AT CREEKSIDE" - WI RELEASE OF THE UTILITIES PERFORMANCE SECURITY Item #16A2 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "MASTER'S RESERVE" - W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY Item #16A3 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "CLASSIC PLANTATION ESTATES PHASE ONE" - W/REDUCING THE UTILITIES PERFORMANCE BOND Item #16A4 RESOLUTION 2005-327: FINAL APPROVAL OF THE ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR THE ROADWAY SEGMENT ORANGE BLOSSOM DRIVE FROM AIRPORT ROAD TO ENTRANCE OF FIRST BAPTIST CHURCH/BRIDGEW A Y" Item #16A5 RECORDING OF THE FINAL PLAT OF 3500 CORPORATE PLAZA, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE Page 328 September 27,2005 SECURITY -W/STIPULATIONS Item #16A6 RECORDING OF THE FINAL PLAT OF "PROFESSIONAL VILLAGE AT NORTHBROOKE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A 7 RECORDING OF THE FINAL PLAT OF "MEDITERRA PARCEL 117" APPROVAL OF THE STANDARD FOR CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROV AL OF THE AMOUNT OF THE PERFORMANCE SECURITY - WI STIPULATIONS Item #16A8 RECORDING OF THE FINAL PLAT OF "MEDITERRA PARCEL 118", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROV AL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A9 RECORDING THE FINAL PLAT OF "IL REGALO REPLAT", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - Page 329 September 27, 2005 W/STIPULATIONS Item #16A10 AN ADDENDUM TO THE OAK HAVEN APARTMENTS AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES - TO MAINTAIN THE AFFORDABILITY OF THESE 160 UNITS IN THE IMMOKALEE COMMUNITY THROUGH SEPTEMBER 27~ 2020 Item #16A11 A BUDGET AMENDMENT TO THE 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET FOR THE PURPOSE OF RECOGNIZING ADDITIONAL ENTITLEMENT FUNDS 121.- FOR $137,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Item #16A12 AN APPLICATION BY SALAZAR MACHINE AND STEEL, I NC FOR THE JOB CREATION INVESTMENT PROGRAM AND THE FEE PAYMENT ASSISTANCE PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A13 RESOLUTION 2005-328: ASSIGNMENT AND CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM TIME WARNER CABLE, INC. TO MOC HOLDCO II, INC., AND INDIRECT WHOLLY-OWNED SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS HOLDINGS, INC. PURSUANT TO Page 330 September 27,2005 REDEMPTION AGREEMENT AMONG THE PARTIES Item #16A14 RECORDING THE FINAL PLAT OF SUMMIT PLACE IN NAPLES, PHASE III, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROV AL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16B1 THREE (3) ADOPT-A-ROAD PROGRAM AGREEMENTS WITH (2) NEW ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150.00 - WITH THE COPELAND CIVIC ASSOCIATION, JOSE MARTI EDUCATIONAL FOUNDATION AND QUAIL COMMUNITIES REALTY Item #16B2 - Moved To Item #101 Item #16B3 AN AGREEMENT WITH THE STATE OF FLORIDA TO PARTICIPATE IN THE UNIFIED CERTIFICATION PROGRAM PER THE FEDERAL TRANSIT ADMINISTRATION - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B4 THE PURCHASE OF A PARA-TRANSIT BUS UTILIZING TRANSPORTATION DISADVANTAGED FUNDS - THROUGH GATEWAY MARKETING IN THE AMOUNT OF $80,253.00 Page 331 September 27, 2005 UNDER STATE CONTRACT #FVPP-05-CA-4 Item #16B5 THE PURCHASE OF PARCEL NOS. 148A AND 148C REQUIRED FOR THE CONSTRUCTION OF THE SIX-LANING OF COLLIER BOULEVARD (CR 951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD - TO CONSTRUCT THE ROADWAY, DRAINAGE AND UTILITY FACILITIES SCHEDULED TO COMMENCE IN THE FALL OF 2005-AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B6 A BUDGET AMENDMENT RECOGNIZING REVENUE RECEIVED FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT UNDER AN AGREEMENT FOR THE COUNTYWIDE GPS NETWORK IN THE AMOUNT OF $60,000.00 - TO INSTALL, OPERATE AND MAINTAIN A COUNTY GPS NETWORK Item #16B7 BID #05-3861 "PURCHASE OF LIMEROCK AND FILL MATERIAL, FIXED TERM CONTRACT" FOR THE ESTIMATED ANNUAL AMOUNT OF $500,000.00 TO APAC, INC., ORANGETREE MINE, FLORIDA ROCK INDUSTRIES - FOR USE IN GRADING AND REBUILDING LIMEROCK ROADWAYS AND SHOULDER REPAIR ON ALL COUNTY AND STATE ROADWAYS Item #16B8 Page 332 September 27, 2005 BID #05-3874 "GOLDEN GATE BOULEVARD AND 13TH STREET LANDSCAPE MAINTENANCE" TO ADVANCE LAWN AND LANDSCAPING SERVICES, IN. THE AMOUNT OF $67~629.80 (PROJECT #630413) Item #16B9 THE PURCHASE OF PARCEL NO. 148B REQUIRED FOR THE CONSTRUCTION OF THE SIX-LANING OF COLLIER BOULEVARD (951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD (PROJECT NO. 65061, CAPITAL IMPROVEMENT ELEMENT NO. 37) IN THE FISCAL IMPACT $10,700.00 - TO CONSTRUCT THE ROADWAY, DRAINAGE AND UTILITY FACILITIES SCHEDULED TO COMMENCE IN THE FALL OF 2005 Item #16B10 BID #05-3855 FOR THE PURCHASE & DELIVERY OF FUNGICIDES, HERBICIDES AND INSECTICIDES TO HELENA CHEMICAL COMPANY AS PRIMARY, AND PRO SOURCE ONE AS THE SECONDARY - IN THE APPROXIMATE AMOUNT OF $200~000 Item #16B11 WORK ORDER FOR BONNESS, INC. FOR CONSTRUCTION OF GOLDEN GATE BEAUTIFICATION MSTU SUNSHINE BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT - IN THE BASE AMOUNT OF $301,691.31 AND CONTINGENCY OF #16,848.82 FOR A TOTAL OF $318,540.13 FOR THE CURBING Page 333 September 27,2005 AND ACCENT LIGHTING FOR SUNSHINE BOULEVARD Item #16B12 RESOLUTION 2005-329: BUDGET AMENDMENTS IN THE AMOUNT OF $300,000 FOR PORT OF THE ISLE COMMUNITY TO BE REIMBURSED THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FEDERAL ENHANCEMENTPROGRAMS-FORENHANCEMENTS ALONG US 41 AT THE PORT OF THE ISLANDS COMMUNITY AND FAKA UNION BRIDGE ASSOCIATED WITH ITS DESIGNATION AS A NATIONAL SCENIC BYWAY Item #16B13 BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUE FOR THE COLLIER COUNTY TRANSPORTATION PATHWAYS PROGRAM IN THE AMOUNT OF $70~302.77 Item #16B14 A QUITCLAIM DEED FOR LOCAL STREETS IN PELICAN BAY THAT HAD BEEN DEDICATED THE COUNTY ON PLATS, BUT ARE STILL LISTED UNDER THE NAME OF WCI COMMUNITIES~ INC. ON THE COUNTY'S TAX ROLLS Item #16C1 BID #05-3740R TO FERGUSON ENTERPRISES, INC. AND HUGHES SUPPLY, INC. FOR THE PURCHASE OF BACKFLOW PREVENTION ASSEMBLIES AND ASSOCIATED MATERIALS IN THE AMOUNT OF $300,000 - FOR USE IN WATER Page 334 September 27,2005 DISTRIBUTION SYSTEMS Item # 16C2 WORK ORDER #UC-117 TO KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $375,580.00 FOR CONSTRUCTION OF THE EXTENSION OF THE WATER MAIN ON WHITE LAKE BOULEVARD, PROJECT 59005 - BY SUPPLYING POTABLE WATER TO EXISTING AND PROPOSED LANDFILL FACILITIES Item #16C3 THE SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY THE SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C4 RESOLUTION 2005-330: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS -_FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C5 RESOLUTION 2005-331: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 335 September 27,2005 Item #16C6 RESOLUTION 2005-332: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C7 RESOLUTION 2005-333: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C8 RESOLUTION 2005-334: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C9 RESOLUTION 2005-335: SETTING LANDFILL TIPPING FEES, RECYCLING CENTER FEES, RESIDENTIAL ANNUAL ASSESSMENTS AND COMMERCIAL WASTE COLLECTION FEES FOR 2005/2006. TOTAL FEES BUDGETED TO BE COLLECTED FROM RATES APPROVED WITH THIS RESOLUTION ARE INCLUDED IN THE FY 2006 BUDGETS FOR SOLID WASTE DISPOSAL AND MANDATORY TRASH COLLECTION Page 336 September 27, 2005 Item #16C10 AN EIGHT (8) MONTH EXTENSION, THROUGH MAY 9, 2006, FOR THE EXISTING DEEP INJECTION WELL CONSTRUCTION CONTRACT #01-3193 WITH YOUNGQUIST BROTHERS, INC. - ALLOWING PUBLIC UTILITIES TO MAKE NECESSARY EMERGENCY REPAIRS, PLANNED MAINTENANCE ON WELL FACILITIES, DRILL NEW WELLS TO MEET DEMAND AND STAY IN COMPLIANCE Item #16C11 THE SA TISF ACTION FOR A CERTAIN WATER AND lOR SEWER IMP ACT FEE PAYMENT AGREEMENT WITH BRIGITTE R. SIMON Item #16C12 A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $200,000 (PROJECT #725101), THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) PROCESS CONTROL BUILDING EXPANSION (PROJECT #725091), THE SOUTH COUNTY WATER RECLAMATION FACILITY (SCWRF) PROCESS CONTROL BUILDING EXPANSION - TO COMPLETE CONSTRUCTION EXPANDING AND MODERNIZING THE EXISTING PROCESS CONTROL BUILDING AT THE SOUTH COUNTY WATER RECLAMATION FACILITY TO ACCOMMODATE THE TECHNICAL NEEDS IMPOSED BY THE NEW PLANT EXPANSION Item #16C13 Page 337 September 27,2005 A "CONSENT TO ENCROACHMENT" FOR UTILITY EASEMENTS LYING WITHIN SUMMERWIND APARTMENTS, PHASE I AND PHASE II - ALLOWING THE DISTRICT TO ADD TO, REPAIR, AND REPLACE ITS UTILITY FACILITIES WITHIN THE EASEMENTS WITHOUT THE DISTRICTS APPROVAL; PROTECTS THE DISTRICT FROM LIABILITY ISSUES ASSOCIATED WITH THE DISTRICT EXERCISING ITS EASEMENT RIGHTS AS LONG AS THE OWNERS' ENCROACHMENTS REMAIN WITHIN THE EASEMENTS Item #16C14 CONTRACT #05-3785 "FIXED TERM UTILITY ENGINEERING SERVICES" TO THIRTEEN (13) FIRMS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 THE FY 06 AGREEMENT WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. FOR $989,100.00 - TO PROVIDE BEHAVIORAL HEALTH AND SUBSTANCE ABUSE TREATMENT FOR THE COUNTY; THIS AMOUNT WILL BE SUBSIDIZED IN FEDERAL FUNDS THROUGH THE UPPER PAYMENT LIMIT PROGRAM AND DISTRIBUTED BY NAPLES COMMUNITY HOSPITAL Item #16D2 AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION FOR PARTICIPATION IN THE UPPER PAYMENT LIMIT PROGRAM FOR SERVICES PROVIDED ON Page 338 September 27,2005 BEHALF OF THE HUMAN SERVICES DEPARTMENT, COUNTY HEALTH DEPARTMENT, AND DAVID LAWRENCE CENTER TO GENERATE AN ADDITIONAL $481,100 IN FEDERAL MATCHING FUNDS - TO EXPAND THE PROGRAMS FUNDED BY THE BCC IN FY06 WITH THE ADDITIONAL 17.5% IN ADDITIONAL DOLLARS Item #16D3 A DONATION OF $68,000 FROM THE MARCO ISLAND CHAPTER, FRIENDS OF THE LIBRARY FOR THE CONSTRUCTION OF ROSE HALL AT MARCO ISLAND BRANCH LIBRARY, AND BUDGET AMENDMENTS FOR THE CONSTRUCTION PROJECT - TO BUDGET THE $500,000 FROM THE W.R. ROSE FOUNDATION FOR CONSTRUCTION OF THE "ROSE HALL" AT THE MARCO ISLAND BRANCH LIBRARY Item #16D4 RESOLUTION 2005-336: AMENDING PARTS OF ARTICLE IV (4) OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREA LICENSE AND FEE POLICY - TO GENERATE REVENUE SUFFICIENT TO OFFSET RISING PROGRAM AND FACILITIES COSTS, EFFECTIVE OCTOBER 1~ 2005 Item #16D5 A BUDGET AMENDMENT RECOGNIZING REVENUE IN THE AMOUNT OF $38,706 FROM AN INSURANCE PAYMENT COVERING DAMAGE TO THE SHADE STRUCTURE AT Page 339 September 27, 2005 SUGDEN REGIONAL PARK AMPHITHEATRE - TO KEEP FACILITIES IN GOOD REPAIR AND UTILIZE THE BENEFIT OF INSURANCE COVERAGE Item #16E1 - Moved To Item #10H Item #16E2 WAIVE THE PURCHASING POLICY AS ALLOWED UNDER SECTION VII.G. OF THE POLICY AND APPROVE A RETENTION AGREEMENT WITH THE LAW FIRM OF LANGSTON, HESS, BOLTON, SHEPARD & AUGUSTINE PA AND THE LAW FIRM OF KELLEY STIFFLER THOMAS PLLC, TO DEFEND CERTAIN WORKER'S COMPENSATION LITIGATION CASES ON BEHALF OF THE COUNTY AND THE COUNTY'S EXCESS INSURANCE CARRIERS - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E3 REPORT AND RATIFY PROPERTY, CASUALTY, WORKER'S COMPENSATION AND SUBROGATION CLAIMS SETTLED ANDIOR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 05 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 . AWARD RFP#05-3747R "INDOOR AIR QUALITY SERVICE" TO PURE AIR CONTROL SERVICES FOR INDOOR AIR QUALITY Page 340 September 27,2005 SERVICES (IAQ) TESTING, CLEANING AND REMEDIATION SERVICES - AS PREVENTATIVE MAINTENANCE FOR OVER 660 SEPARATE FACILITIES THAT REQUIRE CONTINUAL INSPECTION~ REPAIR AND MAINTENANCE Item #16E5 THE PURCHASE OF PROPERTY, CASUALTY, AUTOMOBILE, WORKER' COMPENSATION AND ANCILLARY INSURANCE AND RELATED SERVICES FOR FY 2006 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E6 AN AGREEMENT FOR THE CONVEYANCE OF GAC TRUST RESERVED LAND TO THE COLLIER COUNTY PARKS & RECREATION DEPARTMENT, AT A COST NOT TO EXCEED $20 - FOR A PORTION OF UNIT 22, GOLDEN GATE ESTATES, CONSISTING OF 47.18 +1- ACRES OF LAND LOCATED ON IMMOKALEE ROAD NORTH OF ITS INTERSECTION WITH RANDALL BOULEVARD Item #16E7 FIRST AMENDMENT TO LICENSE AGREEMENT WITH ST. MATTHEW'S HOUSE, INC., FOR THE CONTINUED USE OF PARKING SPACES AT THE GOVERNMENT CENTER, AT A TERM REVENUE OF $50.00 - SO THAT THEIR FOOD PROGRAM MAY CONTINUE TO OPERATE WITHOUT BEING IN VIOLATION OF COUNTY CODE CONCERNING REQUIRED PARKING, THIS LICENSE IS EXTENDED TO SEPTEMBER 28, 2010 Page 341 September 27, 2005 Item # 16E8 LEASE AGREEMENT FOR 9,569 SQUARE FEET OF OFFICE SPACE LOCATED ON 2705 SOUTH HORSESHOE DRIVE AND ASSOCIATED EXPENSES, INCLUDING RENTAL, COMMON AREA MAINTENANCE, RENOVATIONS, AND RELOCATION OF HEALTH, EMS AND IT DEPARTMENTS OFFICES, AT A FIRST YEARS COST NOT TO EXCEED $396,000 - THE LEASE IS FOR THREE YEARS WITH THE COUNTY HAVING THE OPTION TO PURCHASE THE BUILDING AFTER THE THIRD YEAR FOR THE PURCHASE PRICE OF $2~538~964 Item #16F1 THE TDC RECOMMENDED (7-0) THE TOURIST TAX INCREASE, EFFECTIVE OCTOBER 1,2005. APPROVAL OF FIRST AMENDMENT TO CONTRACT NO. 03-3537 WITH PARADISE ADVERTISING AND MARKETING, INC. FOR AN INCREASE IN THE MONTHLY FEE TO $25,000.00 PER MONTH OR $300,000.00 ANNUALLY TO COVER ALL PROFESSIONAL TIME, MEDIA AND PRODUCTION UP TO $2~000~000.00 ANNUALLY. Item #16F2 APPROVE FIRST AMENDMENT TO THE 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. REQUESTING A I-YEAR EXTENSION TO SEPTEMBER 30, 2006 FOR COMPLETION OF THE CATEGORY "C" GRANT FOR THE EXHIBIT CALLED EVERGLADES, A WORK IN Page 342 September 27,2005 PROGRESS AT THE CONSERVANCY NATURE CENTER. Item # 16F3 CITY OF NAPLES CATEGORY "A" GRANT APPLICATION AMENDMENT FOR DOCTORS PASS DREDGING PROJECT 905501 IN THE AMOUNT OF $125,000. TO AMMEND THE APPROVED AUGUST 11,2005 GRANT BY AN ADDITIONAL $125,000 TO EQUAL THE BID PRICE FOR THE DREDGING OF DOCTORS PASS. Item #16F4 BUDGET AMENDMENTS #05-581, FUND TO COVER COST FOR EMPLOYEE WHO IS PAID A GREATER AMOUNT THAN THE PREVIOUS EMPLOYEE WHO WAS IN THE POSITION WHEN THE BUDGET WAS DEVELOPED. Item #16F5 RESOLUTION 2005-337 OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE CITY OF NAPLES/COLLIER COUNTY BEACH RENOURISHMENT PROJECT IN THE FISCAL YEAR 2005/06 LEGISLATIVE BUDGET REQUEST. Item #16F6 APPROVAL OF COASTAL PLANNING AND ENGINEERING TIME AND MATERIAL, NOT-TO-EXCEED PROPOSAL FOR Page 343 September 27, 2005 $35,000 TO STUDY THE MOST EFFECTIVE APPROACH TO PERMIT AND RE-NOURISH CLAM PASS BEACH PARK- PROJECT 900281. Item #16G 1 - CONTINUED TO THE OCTOBER 11, 2005 BCC MEETING RECOMMENDATION TO APPROVE A 3.9 PERCENT ($3,490.50) COST OF LIVING INCREASE EFFECTIVE OCTOBER 1, 2005 AND A $5000 BONUS TO BE PAID ON SEPTEMBER 30, 2005 TO THE EXECUTIVE DIRECTOR OF THE COLLIER COUNTY AIRPORT AUTHORITY, THERESA M. COOK. (COMMISSIONER COYLE'S REQUEST) Item #16G2 APPROVED LANDSCAPE CONTRACT BID #05-3830, -A BUDGETAMENDEMENTFORFUND187BAYSHORE GATEWAY TRIANGLE CRA TO TRANSFER $20,992 TO FUND 112 - TO REIMBURSE THE COUNTY FOR THE INSTALLATION OF A PORTION OF A LANDSCAPE AND IRRIGA TION IMPROVEMENT PROJECT IN THE DAVIS BLVD MEDIANS AT THE BROOKSIDE DRIVE INTERSECTION. Item #16G3 APPROVE A BUDGET AMENDMENT FOR FUND 187 BA YSHORE GATEWAY TRIANGLE CRA (RESERVE FOR CAPITAL) TO TRANSFER $12,000 TO FUND 112 (DAVIS BLVD PHASE I IRRIGATION RENOVATION PROJECT #60098) TO REIMBURSE THE COUNTY FOR THE INSTALLATION OF A LANDSCAPE AND IRRIGATION PROJECT AT THE Page 344 September 27,2005 US41/DAVIS BLVD INTERSECTION. Item #16G4 BUDGET AMENDMENT OF $3,000 FROM RESERVES TO ACQUIRE COMPUTER SYSTEMS FROM THE EXECUTIVE DIRECTOR TO PUCHASE NEW COMPUTER SYSTEM THROUGH THE COUNTY IT, (FUND 187- BAYSHORE GATEWAY TRIANGLE) Item #16H1 COMMISSIONER FIALA'S REQUEST FOR APPROVING PAYMENT TO ATTEND THE NAACP ANNUAL FREEDOM FUND BANQUET ON SATURDAY, OCTOBER 15,2005 AT THE ELKS LODGE, IN THE AMOUNT OF $55.00, FUNDS TO BE HELD AT THE ELKS LODGE, 3950 RADIO ROAD, NAPLES FLORIDA PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET, TO REPRESENT COLLIER COUNTY AS COMMISSIONER OF DISTRICT I Item # 16H2 REIMBURSEMENT FOR COMMISSIONER COLETTA'S ATTENDANCE AT THE ONE BY ONE LEADERSHIP FOUNDATION OF SOUTHWEST FLORIDA ON FRIDAY, SEPTEMBER 16, 2005 FROM NOON-3:00 AT THE ONE STOP CENTER, 750 5TH STREET SOUTH IN IMMOKALEE, AT A COST OF $10.00. PUBLIC PURPOSE: TO LEARN ABOUT A PRISONER REENTRY/REINTEGRATION PROGRAM UNDER A CONTRACT OF THE IMMOKALEE WEED AND SEED. Page 345 September 27, 2005 Item #16H3 REIMBURSEMENT FOR COMMISSIONER COLETTA'S ATTENDANCE AT THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD'S ANNUAL RETREAT AWARDS DINNER ON FRIDAY, SEPTEMBER 16, 2005 AT THE MARCO ISLAND HILTON BEACH RESORT, 560 SOUTH COLLIER BOULEVARD, MARCO ISLAND, FLORIDA AT A COST OF $25.00 FOR PARTICIPATING IN THE AWARDS CEREMONY AND TO REPRESENT COUNTY DISTRICT 5. Item #16H4 REIMBURSEMENT FOR COMMISSIONER COLETTA'S ATTENANCE AT THE WAKE UP NAPLES BREAKFAST, ON WEDNESDAY, SEPTEMBER 21, 2005 AT THE NAPLES HILTON, 5111 TAMIAMI TRAIL N, NAPLES, FLORIDA FOR THE AMOUNT OF $17.00. PUBLIC PURPOSE: TO MEET AND SUPPORT THE COUNTY'S CHAMBER MEMBERS AND REPRESENT DISTRICT 5. 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 346 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE .September 27, 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. August 13,2005_- August 19,2005. 2. August 20, 2005 - August 26,2005. 3. August 27,2005_- September 2,2005. 4. September 3,2005 - September 9,2005. B. Districts: 1. Collier Soil & Water Conservation District: Proposed Budget for 2005 _ 2006; Public Facilities Report; Schedule of Regular Meetings for 2005 _ 2006; District Map FY05 - 06; Description of Outstanding Bonds; List of Current Board Members. 2. Cedar Hammock Community Development District: Agenda for May 9, 2005; Minutes of May 9, 2005; Proposed Budge Fiscal Year 2006; Memorandum of Voting Conflict for Frank Lorenzo Reynolds dated June 27,2005; Memorandum of Voting Conflict for John Francis Stanley. C. Minutes: 1. Collier County Planning Commission: Revised Agenda for August 18, 2005; Agenda for September 1, 2005; Minutes of July 21,2005. 2. Collier County Hispanic Affairs Advisory Board: Minutes of March 24, 2005; Agenda for March 24, 2005; Minutes of April 23, 2005; Amended Notice of Meeting & Agenda for April 23, 2005; Minutes of May 26, 2005; Agenda for May 26,2005. 3. Productivity Committee: Minutes of June 15,2005. 4. Vanderbilt Beach M.S.T.U.: Agenda for October 6, ,2005; Minutes of August 16,2005. 5. Caribbean Gardens Blue Ribbon Committee: Minutes of July 21, 2005. H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\September 27,2005 Misc. Crsp..doc 6. Parks and Recreation Advisory Board: Agenda for June 15,2005; Minutes of June 15,2005. 7. Collier County Airport Authority: Minutes of August 8, 2005. 8. Collier County Domestic Animal Services Advisory Committee: Community Foundation of Collier County Presentation Summary. 9. Coastal Advisory Committee: Minutes of June 9, 2005. a) Inlet Management Sub-Committee: Minutes of June 3, 2005. 10. Conservation Collier Land Acquisition Advisory Committee: Minutes of June 13, 2005. 11. Environmental Advisory Council: Agenda for September 7,2005; Minutes of August 3, 2005; Staff Reports of September 7,2005. D. Other: 1) Collier Park of Commerce Board of Directors Meeting Minutes of May 19, 2005. 2) 4H Foundation Meeting Agenda for August 16,2005; Minutes of May 3, 2005. H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\September 27,2005 Misc. Crsp..doc September 27, 2005 Item #16J1 AUTHORIZE THE FINANCE AND ACCOUNTING DEPARTMENT TO WRITE OFF $514,328.80 TO COMPLY WITH AUDITOR RECOMMENDATIONS INCLUDED IN THE MANAGEMENT LETTER OF THE FISCAL YEAR 2004 COLLIER COUNTY ANNUAL AUDIT. Item #16K1 AWARDING ENGINEERING EXPERTS FEES AND COST IN THE AMOUNT OF 9,250.00 FOR PARCEL NOS. 141,841, AND 143 IN THE CASE OF COLLIER COUNTY V. PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, CASE NO.03- 2372-CA - GOLDEN GATE PARKWAY PROJECT 60027. (FISCAL IMPACT $9~250.00). Item #16K2 AWARDING ENGINEERING EXPERT FEES, COSTS AND THE EXPENDITURE OF FUNDS AS STATED FOR $3,650 FOR PARCELS 142, 742A, 742B, & 942 IN THE LAWSUIT STYLED COLLIER COUNTY V. PARKWAY COMMUNITY CHURCH OF GOD, CASE NO.03-2374CA (GOLDEN GATE PKWY PRJECT 60027). FISCAL IMPACT $3~650 Item #16K3 SETTLEMENT AGREEMENT IN REFERENCE TO FLORIDA STATE UNDERGROUND, INC. V COLLIER COUNTY, CASE NO. 03-4177-CA, NOW PENDING IN THE TWENTIETH Page 347 September 27,2005 JUDICIAL CIRCUIT, COLLIER COUNTY, FLORIDA. GIVE DIRECTION TO COUNTY ATTORNEY REGARDING THE LITIGATION - COUNTY TO RELEASE A RETAINAGE IN THE AMOUNT OF $113~877.14 TO FSU WITHOUT INTEREST. Item #16K4 A MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGEMENT FOR PARCELS 118 AND 718 IN THE LAWSUIT STYLED COLLIER COUNTY V RAFAEL LIY, ET AL., CASE NO.05-752-CA (COLLIER BLVD 951 PROJECT 65061). (FISCAL IMPACT $54~397.50) Item #16K5 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGEMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $124,670.00 FOR THE ACQUISITION OF PARCELS 108 AND 708 IN THE LAWSUIT STYLED COLLIER COUNTY V LOUIS CERMINARA, ET AL. CASE NO. 05-0620- CA (COUNTY ROAD 951 PROJECT NO. 65061). (FISCAL IMPACT: $58~987.38) Item #16K6 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGEMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $221,300.00 FOR THE ACQUISITION OF Page 348 September 27, 2005 PARCELS 107 AND 707 IN THE LAWSUIT STYLED COLLIER COUNTY V. LOUIS CERMINARA, ET AL. CASE NO.05-0620- CA (COUNTY ROAD 951 PROJECT NO. 65061). (FISCAL IMPACT: $73~300.26) Item #16K7 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGEMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $129,500.00 FOR THE ACQUISITION OF PARCESL106 AND 706 IN THE LAWSUIT STYLED COLLIER COUNTY V. LOUIS CERMINARA, ET AL. CASE NO. 05-0620- CA (COUNTY ROAD 951 PROJECT NO. 65061). (FISCAL IMPACT: $63~186.22) Item #16K8 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $156,500.00 FOR THE ACQUISITION OF PARCELS 109 AND 709 IN THE LAWSUIT STYLED COLLIER COUNTY V. SUSAN C. HALLOCK, ET AL. CASE NO. 05-0646- CA (COUNTY ROAD 951 PROJECT NO. 65061). (FISCAL IMPACT: $70~777.04) Item #16K9 - CONTINUE TO OCTOBER 11,2005 BCC MEETING Page 349 September 27,2005 RECOMMENDATION TO AUTHORIZE THE COUNTY ATTORNEY TO FILE A LAWSUIT AFTER OCTOBER 1,2005 COMPELLING JC DRAINFIELD REPAIR, INC., ITS PRINCIPLES, AFFILIATE ENTITIES OR PERSONS, OR ANY COMBINATION THEREOF, TO COMPLY WITH COLLIER COUNTY ORDINANCE NO. 03-18, CODIFIED AS CHAPTER 134, ARTICLE IX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, INCLUDING BUT NOT LIMITED TO, THE PURSUIT OF REIMBURSEMENT OF ALL COSTS AND FEES DUE AND OWING TO COLLIER COUNTY UNDER CHAPTER 134~ ARTICLE IX AND AS OTHERWISE PROVIDED BY LAW. Item #16K10 BUDGET AMENDMENT IN THE AMOUNT OF $118,567.35 TO TRANSFER THE BALANCE OF THE FUNDS FROM FUND 652 RESERVES TO ITS OPERATING BUDGET AND TO TRANSFER THE TOTAL AMOUNT COLLECTED IN EXCESS OF $108,309.66 (THE STATUTORILY MANDATED AMOUNT THAT THE BOARD OF COUNTY COMMISSIONERS MUST FUND THE LEGAL AID SOCIETY). Item #16K11 - Move To Item #10G Item #16K12 APPROVED SETTLEMENT PRE-LITIGATION AND PRIOR TO MEDIATION PURSUANT TO THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES IN COUNTYWIDE PAVED SHOULDERS AND SIDEWALK IMPROVEMENTS CONTRACT 03-3528 WITH BETTER ROADS, INC. FOR FULL AND FINAL SETTLEMENT OF ALL OUTSTANDING LIQUIDATED Page 350 September 27, 2005 DAMAGES CLAIMS IN THE AMOUNT OF $10,000.00 TO BE PAID TO BETTER ROADS, INC. Item #16K13 SETTLEMENT PRIOR TO ARBITRATION--MEDIATION IN THE LAWSUIT ENTITLED: CPOC REALTY, LLC V. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04-5636-CA FOR $20~000.00. Item #17 A - Moved To Item #7C Item #17B ORDINANCE 2005-47: ADOPTING AN ORDINANCE AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLILDATED IMPACT FEE ORDINACE), TO REFLECT THE AMENDED RATES SET FORTH IN THE IMPACT FEE STUDY, PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA, ESTABLISHING METHODOLOGY FOR THE ANNUAL INDEXING ADJUSTMENT TO THE CORRECTIONAL FACILITIES IMPACT FEE RATES, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1~ 2005. Item #17C Page 351 September 27,2005 ORDINANCE 2005-48: FRANK CLESEN & SONS, INC., REPRESENTED BY WILLIAM L. HOOVER, OF HOOVER PLANNING AND DEVELOPMENT, INC., REQUESTING A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERICAL PLANNED UNIT DEVELOPMENT (CPUD) TO AMEND THE CLESEN PUD, PURSUANT TO THE SUNSETTING PROVISIONS OF THE LDC, TO UPDATE THE PUD DOCUMENT IN COMPLIANCE WITH THE CURRENT LDC PUD REQUIREMENTS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 4.33 ACRES. Item # 17D - CONTINUED TO THE OCTOBER 11, 2005 BCC MEETING TO REPEAL AND REPLACE THE ORDINANCE ESTABLISHING THE CODE ENFORCEMENT BOARD AND THE NUISANCE ABATEMENT BOARD (ITEM CONTINUED FROM THE SEPTEMBER 13~ 2005) Item #17E - Moved To Item #8F Page 352 September 27, 2005 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:06 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, airman ATTEST: DWIGHT E~ B~O,GK, CLERK _ :'~:J" L'~,;f';jl) """; B ~,J' ,~(jt12'& 1'~~,IX Chfll, Iflllll6ilc~ .... ',' I These minut~~.::~~.t~"'oved by the Board on~J 2Do~, as J presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 353