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BCC Minutes 02/28/2006 R February 28, 2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 28, 2006 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: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Derek J ohnssen, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 28, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 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 February 28, 2006 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. Senior Minister Debra C. Williams, Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 25,2006 - BCC/AUIR Special Meeting C. January 30,2006 - BCC/TDC Workshop D. February 6, 2006 - BCC/Strategic Planning Workshop E. February 6, 2006 - BCC/ AUIR Special Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) J ames Hatcher, Environmental Services 2) Frank Terilla, Wastewater Page 2 February 28, 2006 4. PROCLAMATIONS A. Proclamation designating March 2006 as National Purchasing Month. To be accepted by Steve Carnell, Purchasingl General Services Director, Collier County Purchasing Department. B. Proclamation designating March 2006 as South Florida Birding Trail Month. To be accepted by representatives of local and state park and land management agencies. 5. PRESENTATIONS A. Recommendation to recognize Barry Erickson, Senior Operator, Public Utilities Division, as Employee of the Month for February 2006. B. A status update by Julie Koester, President, and Joe Cox, Executive Director of the Children's Museum of Naples. C. Presentation of a Florida Communities Trust grant award for the Goodland Harbor Park project. To be presented by Representative J. Dudley Goodlette. 6. PUBLIC PETITIONS A. Public Petition request by Robert Bender to discuss sound control issues at the North Collier Regional Water Treatment Plant. B. Public Petition request by Mayor Sammy Hamilton to discuss donation of surplus property. C. Public Petition request by Jose Varela to discuss the 640 acres agreement between Collier County Government and the SFWMD. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item was continued from the Februarv 14. 2006 BCC Meetine:. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition CU-2004-AR- 5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Page 3 February 28, 2006 Engineering, requesting a Conditional Use of the "E" Estates district for earth mining per Table 2, Section 2.04.03 of the Land Development Code (LDC). The property is located between 54th Avenue N.E. and 56th Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Companion Item: V A-2004-AR-5438 8. ADVERTISED PUBLIC HEARINGS A. A request that the Collier County Board of County Commissioners (Board) adopt an Ordinance amending Ordinance No. 04-4l, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC 2005 Cycle 2 for the following purposes. Amendment of Chapter 1 includes: the addition of abbreviations and definitions included in the Bayshore and Gateway Triangle overlays and the addition of a definition of "gap" housing. Amendment of Chapter 2 includes: the amendment of the Bayshore Mixed Use District (MUD) overlay; the addition of the Gateway Triangle MUD Overlay; the addition of the Golden Gate Downtown Center Commercial Overlay (GGDCCO) District; deletions and additions to the Table of Permissible Land uses in Each Zoning District for the Golden Gate overlay; amendment of the Goodland Zoning overlay to change clam nurseries from a conditional use to a permitted use; and amendment of the Affordable Housing Density Bonus (AHDB) Rating System. Amendment of Chapter 4 includes: amendment of the site design standards for development in the BMUD overlay subdistricts and the addition of site design standards for development in the Gateway Triangle Mixed Use District overlay and GGDCCO overlay. Amendment of Chapter 10 includes: the addition of a Mixed Use Project (MUP) approval process with decision making criteria and public notification requirements for a petition for a MUP approval from the Board of County Commissioners. B. This item was continued from the J anuarv 24. 2006 BCC Meetine:. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2005-AR-8382: Cleveland Clinic Florida, represented by Jeffrey Nunner, P.E., ofNunner Group LLC, is requesting the second 2-year extension of the Astron Plaza PUD in accordance with LDc Section 10.02.13.D.5(a). The subject property, consisting of 8.56 acres, is located on the south side of Pine Ridge Road and the north side of lOth Street S.W. in Section l7, Township 49 South, Range 26 East, Collier County, Florida. Page 4 February 28, 2006 C. This item reQuires that all participants be sworn and and ex parte disclosure be provided bv Commission members. PUDZ-2003-AR-499l, Robert Mulhere, of RWA, Inc., representing Woodfield Builders, LLc, requesting a rezone from "A" Rural Agricultural to "RPUD" Residential Planned Unit Development to be known as Rockedge RPUD, subject to the approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 111 units at 7.5 bonus density units per acre) in the development of this project for low-income residents. The 76.46 acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6 tenths of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23, Township 50, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. D. This item was continued from the Februarv 14.2006 Board of County Commissioners Meetine:. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven 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 Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. E. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Five 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 Collier County 2005 Fire/Rescue Services Impact Fee Update Study, establishing a methodology for the annual indexing adjustment to the Fire Impact Fee Rates, and providing for a delayed effective date of May l5, 2006. F. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. DOA-2005-AR-8ll3: Michel Saadeh, of Vineyards Development Corporation, as owner and agent, is requesting an extension of the DR! Development Order build-out date Page 5 February 28, 2006 from May 7, 2005 to May 6, 2010 to allow completion of ongoing and planned construction planned for the Vineyards of Naples DR!. The subject property, consisting of l,930 acres, is located along 1-75 bounded by Pine Ridge Road to the south, Vanderbilt Beach Road to the North, Airport- Pulling Road to the west and Logan Blvd. to the east, within Sections 5 & 8, Township 49 South, Range 26 East, also portion of Section 6, Township 49 South, Range 26 East and portion of Section 1, Township 49 South, Range 25 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. B. Appointment of member to the Ochopee Fire Control District Advisory Board. C. Request to reconsider Petition Sandalwood RPUDZ-2004-AR-6932. (Commissioner Halas request) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve an Agreement for Sale and Purchase with Collier Development Corporation, now known as CDc Land Investments, Inc., for 47.93 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,106,400. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) B. Recommendation to approve an alternative road impact fee calculation and resulting rate of$8,854 per 1,000 square feet for the proposed Naples Motorsports automobile dealership. (Norman Feder, Administrator, Transportation Services) C. Recommendation to award bid #06-3920 - annual contract for "Annual Road Micro-Surfacing Contract" for the approximate annual amount of $1,100,000. (Norman Feder, Administrator, Transportation Services) D. Follow-on report to the Board of County Commissioners regarding existing codes of laws and ordinances throughout the State of Florida regarding the Page 6 February 28, 2006 enforcement efforts of the Contractor Licensing Office and the Code Enforcement Department pertaining to the regulation of contractors found in violation of applicable laws and ordinances. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Recommendation for the Board of County Commissioners to approve budget amendments to re-allocate unspent landscape maintenance funds in the amount of $l ,462,422 to CAT bus shelters, Pelican Bay Resurfacing, Limerock Conversion and other Landscape Projects. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Jack Alexander Snay for 4.24 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $165,650. 2) Recommendation to approve an Agreement for Sale and Purchase with Sunshine Trusts, LLC. for 4.04 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $16l,650. Page 7 February 28, 2006 3) Recommendation to approve an Agreement for Sale and Purchase with Ana L. Gonzalez and Marta M. Famada for l.l4 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $7l,l50. 4) Recommendation to approve for recording the final plat of Golden Gate Estates Unit 48 Tract 1 Replat. 5) Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake Trafford Block B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Unit II (Phases II & III), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) CARNY-05-AR-8584, Annie Alvarez, Athletics/Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Country Jam on March 10 through 12, 2006, at the Vineyards Community Park located at 623l Arbor Boulevard. 8) Recommendation to approve final acceptance of water utility facility for Cemetery Mausoleum and Chapel at Palm Royale. 9) Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $24,000, from FY06 Fund 186 adopted budget, to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (This is a companion to Item l6G 1 ) 10) Recommendation to approve Petition A VESMT2005-AR7203 to disclaim, renounce and vacate the Countys and the Publics interest in three 30 foot wide Right of Way Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book l048, Page 1968, Public Records of Collier County, Florida; Companion to final plat approval for Brentwood Two. Page 8 February 28, 2006 11) Recommendation for the Board of County Commissioners to approve for recording the final plat of Brentwood Two," companion to Petition A VESMT2005-AR7203, and authorize acceptance of a conveyance of a portion of this plat,and authorize the Chairman to convey said portion to FDOT for the loop ramp improvement from Immokalee Road onto 1-75. B. TRANSPORTATION SERVICES 1) Recommendation to approve a Budget Amendment recognizing increased grant funding for Collier Area Transit in the amount of $141,498 from the Federal Transit Administration (FTA) 5307 grant. 2) Recommends Board's approval of Adopt-A-Road Agreement (1) for the following: Gabriel Pena-Weichert Realtors Internet Realty Group. 3) Recommendation for the Board of County Commissioners approve the repayment of impact fees for the US4l from SR 951 to CR92 Project Development and Environment (PD&E) Study from Gas Taxes in the amount of$8l3,200. 4) Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to three firms at an estimated cost of$180,000 annually. 5) Recommendation to authorize staff to approve one (1) Work Order for Wall Systems of Florida DBA Professional Building Systems for construction of three RCP Style Bus Shelters and adjoining amenities (Contract #02-3349 Annual Contract for General Construction) for a base amount of$83,789.00 and contingency of$4,189.45 for a total of $87,978.45. 6) Recommendation to approve converting five (5) Desk Top Computers with five (5) Laptop Computers for the Transportation Engineer Inspectors at a cost of $5,000. 7) Approve Selection Committee ranking of firms, and approve attached Contract for RFP #06,3919, "Professional Surveying and Related Services" for Randall Blvd. (Immokalee Rd. to Desoto Blvd.), County Page 9 February 28, 2006 Project #60065 in the amount of$589,955.87. 8) Recommendation to accept two Lake Maintenance and Drainage Easements from Pulte Home Corporation and the Orange Blossom Ranch North and South Master Associations for the purpose of recording the OR Book and Page on the previously Board approved Orange Blossom Ranch North lA and lB plat maps prior to their recordation in the public records. C. PUBLIC UTILITIES 1) Recommendation to approve Change Order #2 under contract #02- 3313 (Professional Geographic Information System (GIS) Services for Collier County) to Wilson Miller, Inc., in the amount of$185,827.50 and approve the necessary budget amendment. 2) Recommendation to award Work Order CDM-FT-3593-06-02 with Camp, Dresser, and McKee, Inc., for professional engineering services for the design of Tamiami Well No. 37 and services during construction for both Tamiami Wells No. 34 and No. 37 in the amount of $483,979, Project Number 70158. 3) Recommendation to award Work Order CH2-FT-3785-06-0l Contract 05-3785 "Fixed Term Utility Engineering Services" to CH2M HILL, Inc. in an amount Not to Exceed $200,000.00 to provide professional services for design of project management documentation to serve the County Wide Capital Project Delivery Process (CAPDEP), and approve the necessary Budget Amendments for Project Number 75006. 4) Recommendation to award Work Order HS-FT-3785-06-05 in the amount of$150,000 to Hazen and Sawyer, P.c., and to approve the necessary budget amendments to perform a professional engineering study for a wastewater treatment capacity analysis, a process enhancement and modernization, and a maximization and optimization of the total operation of the North County Water Reclamation Facility (NCWRF), Projects 750081 and 750082. 5) Recommendation to approve Work Order MP-FT-3785-06-05 to Malcolm Pirnie for the Engineering Services in the Amount of Page 10 February 28, 2006 $357,218 for the Design, Modeling, construction Plans, and Technical Support of probable improvements and upgrading to the existing Master Pump Station, Project 73945, Project 73051. 6) Recommendation to approve Budget Amendments for $106,284.43 in Water Impact Fee Capital Projects Fund and $146,504.86 in water User Rate Capital Projects Fund to reimburse the amount that did not roll forward from fiscal year 2005 to fiscal year 2006. 7) Recommendation to approve the submittal of the attached Water Savings Incentive Program (SIP) grant applications to the South Florida Water Management District (SFWMD) for each project in Public Utilities Engineering Divisions (PUED) Construction Water Savings Program. 8) Recommendation to award Contract #06-3940 to E.B. Simmonds Electrical, Inc. to construct the Wastewater Collections Lift Station Electrical Upgrades and Telemetry Additions, in the amount of $263,350.00, Project 73922. 9) Recommendation that the Board of County Commissioners approve a draw of $11 ,000,000 against a previously approved Local Government Pooled Commercial Paper Program Loan Agreement; Designating the Chairman of the Board of County Commissioners to be the authorized signor of the draw agreement. D. PUBLIC SERVICES 1) Recommendation to approve the submittal, and accept the award and execute the agreement for a $6,000 Library Services & Technology grant application to the Florida Department of State, Division of Library and Information Services for an "English Language Leamer Short Story Discussion Program;" and to approve the necessary budget amendment. 2) Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $350,000 from the United States Department of Justice. Page 11 February 28, 2006 3) Recommendation to adopt a Resolution amending the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. 4) Recommendation to approve a budget amendment recognizing a developer contribution of$500,000 toward the Vanderbilt Beach Access #8 project. 5) Recommendation to approve the Older Americans Acts continuation grant in the amount of$858,4l3 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. E. ADMINISTRATIVE SERVICES 1) 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 first quarter of FY 06. 2) Recommendation to approve a Freedom Memorial Park Monument application from the American Foundation for Hungarian Youth and Culture, Inc. 3) Request from The City of Everglades and the Collier County School District for the Donation of Surplus County Assets Authorized for Sale in the Public Surplus Property Auction Scheduled for March 11, 2006. F. COUNTY MANAGER 1) Recommendation to approve payment for one-half of the installation of an emergency traffic signal for the new EMS Station #22 on Bayshore Drive and to approve a Budget Amendment in the amount of $73,778.25. 2) Recommendation to authorize the Chairman to sign entry forms for the National Association of Counties (NACO) Achievement Awards. Page 12 February 28, 2006 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $24,000, from FY06 Fund 186 adopted budget, to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (This is a companion to Item l6A9) 2) To approve and execute the Site Improvement Grant Agreements between the Community Redevelopment Agency (CRA) and grant applicants within the Bayshore Gateway Triangle Community Redevelopment area. ($40,000) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requesting reimbursement for attending a function serving a valid public purpose. Commissioner Henning attended, as an Executive Board Member, the Southwest Florida Regional Stewardship Alliance meeting. $49.00 to be paid from Commissioner Henning's travel account. 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Veteran Services Department Volunteer Luncheon on February 16, 2006 at the Elks Lodge; $15.00 to be paid from Commissioner Halas travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Naples Community Hospital 50th Anniversary Celebration on March 4,2006 at NCH; $30.00 to be paid from Commissioner Halas travel budget. 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Marine Corps League of Naples Press Day Luncheon on March 16, 2006 at Elks Lodge; $15.00 to be paid from Commissioner Halas travel budget. Page 13 February 28, 2006 5) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on March 18, 2006 at LaBelle Civic Center; $50.00 to be paid from Commissioner Halas travel budget. 6) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Marjorie Stoneman Douglas Festival's High Tea Buffet while a speaker at its opening ceremonies. He is requesting reimbursement in the amount of $10.00 to be paid from his travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for funds already paid to attend a function serving a valid public purpose. To attend the Marine Corps League of Naples Press Day Luncheon on March 15,2006 at the Elks Club; $15.00 to be paid from Commissioner Fiala's travel budget. 8) Appoint a Board of County Commissioners' designee as the Board's representative on the Collier County Public Safety Coordinating Council. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve an agreed order awarding expert witness fees and costs as to Parcels 135, 735A & 735B in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA (Immokalee Road Project #66042). (Fiscal Impact $155,409.35) 2) Recommendation to approve an agreed order awarding expert witness fees and costs as to Parcels 162 & 762 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03-255l-CA (Golden Gate Page 14 February 28, 2006 Parkway Project #60027). (Fiscal Impact $7,500.00) 3) Recommendation to approve the stipulated final order as to Home Depots Interest in Parcel l03 in the lawsuit styled Collier County v. Ocean Boulevard Partnership, et al., Case No. 04-4300-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800) 4) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 106 and 706 in the lawsuit styled Collier County v. Louis E. Cerminara, et al., Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $14,500.00) 5) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 107 and 707 in the lawsuit styled Collier County v. Louis E. Cerminara, et al., Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $13,700.00) 6) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 108 and 708 in the lawsuit styled Collier County v. Louis E. Cerminara, et al., Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $12,500.00) 7) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 109 and 709 in the lawsuit styled Collier County v. Susan C. Hallock, et al., Case No. 05- 0646-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $12,500.00) 8) Recommendation to accept an offer of judgment and approve a stipulated final judgment for parcel No. 146 in the lawsuit styled Collier County v. Ziad Shahla, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project #63051). (Fiscal Impact $8,539.00) 9) Recommendation to approve a stipulated order taxing expert witness fees and costs as to Parcel 177 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et aI., Case No. 02-2218-CA Page 15 February 28, 2006 (Immokalee Road Project #60018). (Fiscal Impact $11,500.00) 10) Recommendation that the Board of County Commissioners approve a settlement agreement and release with J. C. Drainfield Repair, Inc. arising out of violations of Ordinance No. 2003-18, the Industrial Pretreatment Ordinance. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 16 February 28, 2006 February 28, 2006 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Good morning, ladies and gentlemen. The Board of County Commissioners for Collier County is now in session for February 28, 2006. At this time we're going to have the invocation followed by the Pledge of Allegiance. And the invocation today will be given by Senior Minister Debra C. Williams of the Unity of Naples Church. MS. WILLIAMS: Good morning. Greater God, we are mindful of the importance of this gathering today, and we ask that you bless each member of this commission and all who participate in these meetings today with wisdom, clarity, discernment and good judgment. We thank you, as we know for ourselves, for every person here today, for every person in our county and community, particularly those most vulnerable and those in need, that the light of God surrounds us, the love of God enfolds us, the power of God protects us, and the presence of God watches over us. Wherever we are, God is, and truly all is well, amen. (The Pledge of Allegiance was recited in unison.) Item #2A CONSENT, SUMMARY AND REGULAR AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HALAS: Okay. We'll start off with County Manager Jim Mudd. Do you have any changes or additions to today's agenda? MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners' meeting, February 28, 2006. Page 2 February 28, 2006 First item, withdraw item 9C. That's a request to reconsider petition Sandalwood, RPUDZ-2004-AR-6932, and that withdrawal was at Commissioner Halas's request. Next item is item 1 OD. Please note that the report on contractor licensing was printed incorrectly. The executive summary printed on the blue stock is actually the reference backup executive summary for the January 10, 2006, BCC meeting. The correct executive summary for this item are pages 5 through 10 of this item, and it's printed on white stock, and that note is at the staffs request. Next item is item 16A8, under considerations, add an additional line to the executive summary that reads, number seven, the water utility infrastructure connected beyond the master meter is owned and maintained by the owner, and that's at staffs request. Next item is to move item 16A10 to 17A. That is a recommendation to approve petition A VESMT2005-AR-7203 to disclaim, renounce and vacate the county's and the public's interest in three 30-foot-wide right-of-way reservations as recorded in O.R. Book 313, page 41; O.R. Book 342, page 192; and O.R. Book 1,038 page 1968, public records of Collier County, Florida; companion to the final plat approval for Brentwood Two, and that's at staffs request. Next item, withdraw item 16B4. It's a recommendation to award contract number 06-3905, a fixed term road safety audit services to three firms at an estimated cost of$180,000 annually, and that withdrawal is at staffs request. The next item is to move item 16B7 to 10F, and that's to approve the selection committee ranking of firms and approve attached contract for RFP number 06,3919 professional surveying and related services for Randall Boulevard (Immokalee Road to Desoto Boulevard), county project number 60065 in the amount of $589,955.87, and that's at staffs request. Page 3 February 28, 2006 An additional item that was brought to our attention this morning is to withdraw item 6B, and that's a public petition by Mayor Sammy Hamilton. That's all I have, sir. CHAIRMAN HALAS: Okay. Any additions or corrections by County Attorney? MR. WEIGEL: No, none, sir; thank you. CHAIRMAN HALAS: Okay. Thank you. Ex parte for today's consent -- excuse me -- summary agenda, starting off with -- changes to today's consent agenda or summary agenda. We'll start off with Commissioner Henning. COMMISSIONER HENNING: Yeah. There's item 8B, correction of location, north side of 18th Avenue Southwest instead of 18th Street Southwest. CHAIRMAN HALAS: That was 8B? COMMISSIONER HENNING: Yep. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: No ex parte on today's summary agenda or no changes to consent. CHAIRMAN HALAS: Okay, thank you. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have nothing to declare, no changes. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: I have nothing to declare and no changes. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: No ex parte on the summary agenda and no further changes to the regular agenda. CHAIRMAN HALAS: Okay. And I have no ex parte on the summary agenda or any changes on the consent agenda. Page 4 February 28, 2006 Entertain a motion for approval of today's agenda. COMMISSIONER COYLE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 28. 2006 Withdraw Item 9C: Request to reconsider Petition Sandalwood RPUDZ-2004-AR- 6932 (Commissioner Halas' request.) Item 100: Please note that the report on contractor licensing was printed incorrectly. The Executive Summary printed on the blue stock is actually the referenced back-up executive summary from the January 10, 2006 BCC meeting. The correct Executive Summary for this item are pages 5 through 10 of this item and is printed on the white stock. (Staff's request.) Item 16A8: Under CONSIDERATIONS, add an additional line to the Executive Summary that reads: 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. (Staff's request.) Move Item 16A10 to 17A: Recommendation to approve Petition AVESMT2005- AR7203 to disclaim, renounce and vacate the County's and the Public's interest in three 30 foot wide right-of-way reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book 1048, Page 1968, Public Records of Collier County, Florida; companion to final plat approval for Brentwood Two. (Staff's request.) Withdraw Item 16B4: Recommendation to award Contract #06-3905 Fix Term Road Safety Audit Services to three firms at an estimated cost of $180,000 annually. (Staff's request.) Move 16B7 to 10F: Approve Selection Committee ranking of firms, and approve attached Contract for RFP #06,3919, "Professional Surveying and Related Services" for Randall Blvd. (Immokalee Road to Desoto Blvd.), County Project #60065 in the amount of $589,955.87. (Staff's request.) February 28,2006 Item #2B, #2C, #2D, and #2E MINUTES OF THE JANUARY 25,2006 BCC/AUIR SPECIAL MEETING; JANUARY 30, 2006 BCC/TDC WORKSHOP MEETING; FEBRUARY 6,2006 BCC/STRATEGIC PLANNING WORKSHOP MEETING AND THE FEBRUARY 6, 2006 BCC/ AUIR SPECIAL MEETING - APPROVED AND/OR ADOPTED WITH CHANGES Okay. I believe the next thing on the agenda is -- I need a motion to approve the following: January 25, 2006, BCC AUIR special meeting; January 30, 2006, BCC/TDC workshop; February 6, 2006 BCC strategic planning workshop; and the February 6, 2006, BCC/ AUIR special meeting. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion to approve and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like -- opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. Item #3A PRESENTATION OF THE OUTSTANDING SERVICE AWARDS Page 6 February 28, 2006 TO JAMES HATCHER AND FRANK TERILLA - PRESENTED MR. MUDD: Commissioner, we have service awards and employees and advisory board members. Sir, we have -- we have two. Do you want -- the 20- year. You want to take them up there and we can just move that -- move those particular awards CHAIRMAN HALAS: Sure. MR. MUDD: -- awards up to the dais. The first 20-year awardee is James Max Hatcher from Environmental Services. (Applause.) CHAIRMAN HALAS: James, thank you very much for your 20 years of dedicated service. There's an envelope also for you. Thank you so much. COMMISSIONER FIALA: Good going, Max. COMMISSIONER COYLE: Congratulations. MR. MUDD: Mac, if you could just turn around, we can get your picture with the commissioners. (Applause.) MR. MUDD: Sir, the last 20-year awardee for today is Frank T erilla from Wastewater. (Applause.) CHAIRMAN HALAS: Thank you so much for your dedicated service to Collier County. There's a letter for you also. Thank you. COMMISSIONER COLETTA: Thanks. COMMISSIONER COYLE: Frank, thank you very much. Congratulations. (Applause.) MR. MUDD: Commissioner, that's the end of our service awards. Item #4A Page 7 February 28, 2006 PROCLAMATION DESIGNATING MARCH 2006 AS NATIONAL PURCHASING MONTH - ADOPTED That moves us to paragraph number four, proclamations. The first proclamation, 4A, is a proclamation designating March 2006 as National Purchasing Month, to be accepted by Steve Carnell, Purchasing and General Services Director of Collier County Purchasing Department. And I believe he has the purchasing department with him today. MR. CARNELL: Good morning, Mr. Chairman. Steve Carnell, Purchasing, General Services Director. I did bring a few of my friends with me today. And we wanted to let you know -- first off, we appreciate the recognition of the National Purchasing Month proclamation. And pursuant to that, we're going to be conducting some outreach activity with our local vendors and with our departments that we service during the month of March in the form of some different training opportunities and communication with them. Just wanted to let you know that this -- we've got just about everybody here today. And these folks work extremely hard and have been responsible for a number of innovations and progress to your purchasing system in the last few years. We've implemented contract administration and support and have achieved several hundred thousand dollars in savings for you just in this fiscal year alone. And in addition to that, we're looking at other ways to streamline and improve our business processes and the ordering of commodities and goods and services. So I do want to let you know how proud I am of these folks and how much I appreciate all the effort they do to support our efforts day in and day out, and we do appreciate the recognition this morning. MR. MUDD: Steve, have everybody go up there, and then Page 8 February 28, 2006 they'll read the proclamation. COMMISSIONER FIALA: That's what I was going to say. MR. MUDD: Got a little ahead of ourselves, but that's okay. COMMISSIONER HENNING: No, I think that was a great start to the proclamation. And in fact, one big accomplishment is the overhaul of the purchasing contracts individually last year were a tremendous help. Let me start the proclamation by saying: Whereas, purchasing professionals playa significant role in efficiency and effectiveness both in government and business; and, Whereas, purchasing professionals through their combined purchasing power spend billions of dollars each year and have significant influence upon the economic conditions throughout the world; and, Whereas, Collier County Purchasing Department provide a valuable added service such as contract negotiation, administration and vendor management and training; and, Whereas, Collier County Purchasing Department and Professional Purchasing Associations throughout the world engage in special efforts during the month of March to inform the public about the important role played by the purchasing professionals, business, industry and government. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that they recognize the importance of purchasing professionals in general and in Collier County Purchasing Department in particular. Now, there -- and hereby claim that the month of March 2006 as National Purchasing Month. Done in this order, 28th day of February, 2006. Mr. Chairman, I make a motion that we move this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN HALAS: Okay. There's been a motion made and Page 9 February 28, 2006 a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Congratulations. (Applause.) COMMISSIONER FIALA: Thanks for all you're doing. It's not an easy job. COMMISSIONER COYLE: You understand this is a recognition of your good work. This is not encouragement to go out and spend money? MR. MUDD: Thank you, Steve. Item #4B PROCLAMATION DESIGNATING MARCH 2006 AS SOUTH FLORIDA BIRDING TRAIL MONTH - ADOPTED The next proclamation, sir, is 4B. It's a proclamation designating March 2006 as the South Florida Birding Trail Month, to be accepted by representatives of local and state park and land management agencIes. Would those ladies and gentlemen please come forward. COMMISSIONER FIALA: We also have some other birders in the audience. They should raise their hands so we can see them. How are you? It's good to see you. Page 10 February 28, 2006 MR. MUDD: Please come on up. COMMISSIONER FIALA: Proclamation: Whereas, bird watching is the nation's second fastest growing recreational activity; and, Whereas, Collier County is nationally recognized as a bird watcher's paradise; and, Whereas, the Florida Fish and Wildlife Conservation Commission's Great Florida Birding Trail South Florida Section has been published; and, Whereas, Tigertail Beach Park, Eagles Lakes Community Park, Corkscrew Swamp Sanctuary, Delnor- Wiggins Pass State Park, Conservancy Nature Center, Picayune Strand State Forest, Sabal Palm Hiking Trail, Rookery Bay National Estuarine Research Reserve, Collier-Seminole State Park, Fakahatchee Strand State Park, Everglades National Park, Gulf Coast Visitor's Center, and Big Cypress National Preserve were selected for inclusion in the Great Florida Birding Trail South Florida Section for their bird watching characteristics, accessibility, and ability to withstand birder use. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 2006 be designated South Florida Birding Trail Month. Done and ordered this 28th day of February 2006, Board of County Commissioners, Collier County, Florida, Frank Halas, chairman. Mr. Chairman, I motion to approve. CHAIRMAN HALAS: Second. (Applause.) CHAIRMAN HALAS: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. Page 11 February 28, 2006 COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Should I give this to somebody? CHAIRMAN HALAS: Somebody want to take this? Somebody want to hold this proclamation up there? Put it right in the front there. (Applause.) COMMISSIONER COLETTA: Sometime you want me to come to one of your seminars, I'll do my bird call for you. Item #5A RECOGNIZING BARRY ERICKSON AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2006 - PRESENTED MR. MUDD: Commissioner, that brings to us paragraph 5, presentations, and the first presentation is a recommendation -- excuse me -- yeah, excuse me. Let me start again. First presentation is 5A. It's a recommendation to recognize Barry Erickson, senior operator, public utilities division, as the Employee of the Month for February 2006. And could Mr. Erickson please come forward. (Applause.) MR. MUDD: Barry Erickson's position at the North Water Treatment Plant requires an individual to assume supervisory as well as operational responsibilities. Barry is the day shift senior operator. He's tasked with a diverse and complicated array of administrative duties. These duties include purchasing, payroll, budget development and tracking, development of performance evaluations, as well as representing the facility internally and externally. In addition to these critical functions, Barry assumes the role of Page 12 February 28, 2006 plant manager as needed. Barry is actively involved in facility reliability and improvement projects. As a direct result of Barry's efforts, the department realized a cost savings of approximately $40,000 relating to the procurement of media for the degasification structures. This was accomplished by utilizing a direct purchase option from the manufacturer, thus eliminating the typical vendor mark-up. Barry is active in his church and community volunteering his time in coaching and instructing youth soccer and softball programs. Barry assisted with the development and implementation of a creative schedule utilizing in-house staff and the current membrane replacement proj ect. This proj ect will result in substantial cost savings in energy and chemical uses. Additional improvements for an overall water quality and production are already being realized. Barry exemplifies an employee going above and beyond his duties at the plant. He is a great asset to the public utilities division in Collier County. Commissioners, I'd like to present to you today the Employee of the Month for February 2006, Mr. Barry Erickson. (Applause.) COMMISSIONER FIALA: Good going, Barry. COMMISSIONER HENNING: Thank you very much for thinking outside the box and saving us a lot of money. CHAIRMAN HALAS: And here's a letter, here's a check for you. And, of course, most important, you can put on your wall a plaque. Thank you very much for your service. We appreciate it. COMMISSIONER COLETTA: Barry, thanks so much. COMMISSIONER COYLE: Congratulations. CHAIRMAN HALAS: Barry, if you'd stand here in the center here, we'll take a picture. (Applause.) Page 13 February 28, 2006 Item #5B PRESENTATION TO UPDATE STATUS OF CHILDREN'S MUSEUM OF NAPLES - PRESENTED MR. MUDD: Commissioner, the next presentation is 5B, and it's a status update by Julie Koester, president, and Joe Cox, Executive Director of the Children's Museum of Naples. MS. KOESTER: Good morning, and thank you so much for having us today. I think you'll be excited to see what we have done in the past year since you have last had a presentation from us. MR. MUDD: You want DVD? MR. COX: PowerPoint. MR. MUDD: Okay. You want podium computer? MR. COX: Yep. MR. MUDD: Okay. Hang on. MS. KOESTER: Just to bring you up to speed, there are 299 children's museums in the nation right now, and thanks to your foresight, we will now have one of the finest in our county. And it's been really funny, because we've been, of course, in the organizational process of getting this built for us. And every day that it rains, Joe gets a phone call to find out what time the museum opens. So we -- we're going to be so excited when there's an actual location to call and give those hours. MR. COX: Good morning, Joe Cox, Executive Director for the Children's Museum of Naples. I just want to also thank you really for your foresight in helping us make this happen and bring this museum to Collier County. Just going to give you a quick update about what we've been working on over the past few months. The mission, as I'm sure you recall, is to provide an exciting, Page 14 February 28, 2006 inspiring environment where children and their families can play, learn, and dream together. And that's really such a critical issue for us here in Collier County, connecting families across the board. Over the past few months, we've expanded our founding board of six members to a total of 12 board members. We were recommended for a half million dollar state grant through the division of cultural affairs cultural facilities program, and several of you did write letters of support for that, so thank you. We've also completed our concept designs and elevations for the exhibits, which I'll show you in a second, and we've also been working for four years now with representatives from the Collier County public schools to develop a five-year educational plan from the time we open, going forward, and the idea here is that we want to make sure, if we're building this facility, it's going to be critically important for the Collier County public schools. And so we started off and they were saying, well, we could maybe use this for second graders. Now they're talking about using this as a field trip destination for kindergarten, first grade, second grade, and so on and so forth. So they're very excited about it. We've expanded our board of directors. We now, as I say, have 12. We have a couple of our board members sitting in the room, the audience today. And this is really critical as we move forward expanding our boards, leaders in the community, as well as business community, as well as individual donors. The Division of Cultural Affairs Program, this is a half million dollar grant. We ranked 22nd out of 37 in the process, and so that now moves forward to the state for approval, hopefully. This is the first in potentially three of up to a million and a half dollars in grants for capital that we can get from the state. So we're going to be going after as much state money as we can. The site is well under construction. The park is well under construction. And as you know, we have that northwest corner where Page 15 February 28, 2006 the construction trailers are right now. This is our concept sketches for the building. Here's the front view of the building. The building's called Wind and Waves and was actually selected by a group of children. We had our architect come up with four different elevations. The one that we all thought was very elegant, the children thought looked boring. The one that we thought was a little crazy but still exciting, the children adored. And so the idea is, this really will be a building that couldn't be anything else. Here's another view of the building from the side. And I'm going to run through quickly the exhibits so -- the exhibits have really come a long way since the first ones that you saw over a year ago. We've now got the layout of the building, and these exhibits are exactly as you would see them within the context of the building. The two-story Banyan tree, the beach exhibit. And just to remind you, all of these exhibits came from focus groups that we held right here in Collier County with families and children saying, what do you want to see in a children's museum that represents Collier County? So we could hardly not have the beach. The farm is a really exciting exhibit where children work together to learning about farming. Four Seasons. This is probably my personal favorite. The children will walk through four different exhibit galleries experiencing different seasons. So it snows in winter, and they actually have real snow inside the igloo. They can go gardening in spring, and then in summer, it rains, and they're in Naples, right on the edge of the Everglades here in Naples, so we want to incorporate the Everglades. This entire exhibit will go through a 24-hour day cycle over the course of an hour. So there will be afternoon thunderstorms, the sound of rain coming in, sunset, sunrise, and all of the corresponding sounds of plants -- or of animals, and all the different wildlife they'll see throughout the day. Page 16 February 28, 2006 Lizard Lounge. You may have read in the paper this morning we've been doing focus groups with the local school children for the Lizard Lounge. This is a specific space for 8- to 12-year-olds. No parents allowed, which we're very excited about. There'll be museum staff in there to monitor the activities, but they're actually coming up with the programs and with the exhibits for this specific space. Construction. Again, Collier County, we wanted to make sure that we're representing everything going on, and construction has historically been a big industry in Collier County. This is green construction. We're going to be talking about green construction. This is a green building overall, and we want to make sure that green construction is included so as children grow up, they're familiar with what that entails. The art studio and gallery, a great space for being creative. Space Kidettes. Space exploration as imagined by children. This entire gallery looks very complex but is designed to be packed up and put into storage a couple of years down the road so that we can host major touring exhibits from the Smithsonian, from the Field Museum, from the Exploratorium in San Francisco, that will encourage people to come back to the museum over and over and visit Collier County to see these exhibits. And then the street. As you walk in and look to your left, this is exactly what you'll be seeing, this is our version of downtown, and we have the Naples trolley, we've got the produce market, and all of these are the fronts for the exhibits. And then out in the back yard we have outdoor experiences for children, too. There's a water table, there's a maze, there's an amphitheater for outdoor performances. As I say, we've been working with the school system. We have an education council which has been in place now for four years, includes members from the Collier County public schools, the private schools, the scout councils, as well as FGCU. And the idea Page 1 7 February 28, 2006 here is, we're developing education programs to serve the entire community and really start lifelong learning in children. And that's why where we are is really working right now to build this community of founding families to make the museum a reality. I think this is just a fantastic quote, and it really symbolizes what we're doing, "There's always one moment in childhood that the door opens and lets the future in," and that's really where we are right now. So thank you. I'd be happy to take any questions. CHAIRMAN HALAS: Yes. I have a quick question before I turn it over to Commissioner Fiala. What's the square footage of the building going to be when you've completed it? MR. COX: The square footage of the building is 25,000 square feet, with a two-story building, enough that 15,000 is dedicated exhibit space. CHAIRMAN HALAS: Thank you very much. COMMISSIONER FIALA: I think Commissioner Henning was first. COMMISSIONER HENNING: Ladies first. COMMISSIONER FIALA: Oh, okay. When do you hope to start construction, and when do you envision completing it? MR. COX: We hope to start construction within a year, and we're hoping to be open spring 2008. COMMISSIONER HENNING: Membership. Have you started sales of membership? MR. COX: We're looking to start sales of members with preconstruction prices six months ahead of opening. COMMISSIONER HENNING: Okay. What about reciprocals to the other museums in the country? MR. COX: We'll be offering a membership level probably around $150 per year for a family, which will get you into any of the 299 children's museums around the country by being a member of Page 18 February 28, 2006 the Children's Museum of Naples. COMMISSIONER HENNING: You be interested in selling one membership in Collier County before the summer? COMMISSIONER FIALA: Sounds like you'll be first in line. MR. COX: I'm sure we'll provide some memberships, absolutely. Yeah. That's the thing. I mean, once summer hits for us, summer's going to be busiest season. CHAIRMAN HALAS: Are there any other questions? (No response.) CHAIRMAN HALAS: Thank you very much. MR. COX: Thank you for the opportunity to update you. CHAIRMAN HALAS: Great presentation. COMMISSIONER FIALA: Yeah. (Applause.) MS. KOESTER: Thank you. COMMISSIONER FIALA: We're doing more and more for children in this community. It used to be years ago that they were kind of ignored. It's nice to see this. Item #5C PRESENTATION OF A FLORIDA COMMUNITIES TRUST GRANT AWARD FOR THE GOODLANDHARBORPARK PROGRAM - PRESENTED MR. MUDD: Mr. Chairman, the next presentation is 5C, and that's a presentation of a Florida Communities Trust grant award for the Goodland Harbor Park project, and I believe that's the Margood Property, to be presented by Representative J. Dudley Goodlette. REPRESENTATIVE GOODLETTE: Thank you very much. Mr. Chairman and members, I'm pleased to have the opportunity Page 19 February 28, 2006 on behalf of the Department of Community Affairs, the Division of Housing and Community Development, to present this morning a check for $1.9 million less that 13,000, it's $1,886,222.50, which is a significant portion of the funds that I applaud you for appropriating to purchase the Margood Resort in Goodland, Florida. I might, if I may, just take a minute to tell you that obviously, this -- the vision that you had and that your department of recreation's had in identifying this landmark site for the preservation of the community character in Goodland will live on forever, and I'm pleased that the -- the State of Florida could contribute in this in such a significant way, almost 1.9 million of the $2.5 million purchase price that you have approved, that you actually expended. And I think it's also worth mentioning, while I have the mike, that the -- the good sense of Mr. and Mrs. Elhannon (phonetic) and Sandy Combs who, at a significantly reduced price, agreed to sell this treasured property to the county. Probably at something less -- at least a million dollars or more less than the appraised value of this property . And so this is a collaborative effort, the state working collaboratively with local government to preserve these historic sites. And I applaud you for that, and I just wanted to take this opportunity to present this check to you from the State of Florida for $1.9 million. Thank you. (Applause.) CHAIRMAN HALAS: Thank you very much, Representative Goodlette. We really appreciate that, and it's going to be well spent on that park down there in Goodland. We're really looking forward to it. Thank you again. REPRESENTATIVE GOODLETTE: Thank you. COMMISSIONER FIALA: What about a picture or photo opportunity of you handing the check to our chairman. CHAIRMAN HALAS: I love checks like this. Page 20 February 28, 2006 CHAIRMAN HALAS: Thank you. Item #6A PUBLIC PETITION - REQUEST BY ROBERT BENDER TO DISCUSS SOUND CONTROL ISSUES AT NORTH COLLIER REGIONAL WATER TREATMENT PLANT W /COMMISSIONER COLETTA TO MEET WITH STAFF REGARDING ISSUE- PRESENTED MR. MUDD: Commissioner, that brings us to our first public petition, and that's a public petition request by Robert Bender to discuss sound control issues at the North Collier Regional Water Treatment Plant. MR. BENDER: Good morning, ladies and gentlemen. My name is Robert Bender. I sent all of you a letter on February 10th. I hope you've had a chance to read it. It, I think, explains the problem that we have and the background on this problem. We do, in fact, have a problem with the North Collier Water Treatment Plant, particularly with noise. There were a whole lot of promises made by a whole lot of people in 1991 and a lot of stipulations and conditions put on the building and the rezoning of the land for the citing of this particular project. It was a 4-1 vote for the rezoning, but there were a lot of stipulations, and, quite frankly, those stipulations have not been followed. The problem is, is that there are so many people that have come and gone since. I'm one of the few people that has all the history on this. And the bottom line is, is the commission brought heavy industry -- and that's exactly what this plant is, heavy industry -- into an existing neighborhood. And it is -- it was existing. I lived there. And I own right now about 18 acres there, and I get to listen to this Page 21 February 28, 2006 doggone plant every day, 24 hours a day. This was not the way it was supposed to be. It didn't have anything to do with the sound ordinance levels. The commission was very, very specific with staff, from the county manager on down, that they didn't care how much they spent, they wanted this plant to be built with -- meeting all of the promises that were made, and if there were problems afterwards, they would quickly fix it. Here we are 15 years later. I've already been before -- not this commission, but a commission previously, and it has gotten to the point now -- the reason I'm here right now is because six weeks ago I tried to talk to staff about this, and emails, telephone calls to live people and to recordings, have now -- basically nobody will talk to me. Now, I see a lot of people come before you guys, and you get all kinds of conditions from them to do a project. And the bottom line is, is when they don't do what they say they're going to do, you guys put their feet to the fire. This has not been the case with this particular proj ect. I talked with several people before this project was ever done, one who was a consulting engineer for the Cape Coral RO plant, and he told me that he was involved with several proj ects on the east coast similar to this, and that you could literally stand next to those buildings with them operating at full capacity and you could not hear the machinery. This was what was supposed to be done with this plant. In fact, staff pointed to the grills for the air-conditioning in this room at that time and said, the noise coming from that plant will be no louder than the air-conditioning air coming out of those grills. Staff has been disingenuous at best, dishonest at worst, in ignoring the stipulations which have never been rescinded, to take care of this problem. This is not rocket science. You have a fixed structure with Page 22 February 28, 2006 known noise-making equipment that stays there all the time that can be -- the noise can be mediated -- mitigated. There's absolutely no reason not to do this. And, quite frankly, the only reason it hasn't been done, in my opinion, is I have not found a person that cares enough to take care of the problem yet. You guys need to do something about this because you brought this plant into an existing neighborhood over the objection of almost 300 people that sat here for the very reason I'm talking to you about it right now, and with -- you're going to hear all kinds of spin on this thing. But if you contact the people that were in my letter and you look at the -- and I'm the only one that has a videotape of almost all of the proceedings back then because we didn't have what we have now -- you will see basically what was being said and the context in which it was being said. I want this problem fixed, and I would prefer that you tell staff you want it -- you want a solution brought to you within a time certain and you want it fixed within a time certain. Now, I'm simply asking for you guys to adhere to the promises that were made and the stipulations that were set to put this plant there. Questions? CHAIRMAN HALAS: Any questions? COMMISSIONER COLETTA: Commissioner Henning was firs t. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: That was from before. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Mr. Bender, I hear what you say. I did read the report in great detail. And it's a little difficult to understand, you know, the depth of the problem. I would like to call Mr. DeLony up front for a moment and ask him a couple Page 23 February 28, 2006 questions. MR. BENDER: Well, as you can tell, I'm a little ticked about this thing. COMMISSIONER COLETTA: Well, you've been on top of this issue for a number of years. MR. BENDER: Yes, I have. COMMISSIONER COLETTA: What I -- what I'm trying to do is, I want to be able to really assess the situation. It was the prior commission that approved it, and I would say this commission probably would have approved it too, because it's a needed facility. MR. BENDER: The prior commission -- COMMISSIONER COLETTA: Approved the water treatment plant. It was some time ago that it was -- but that doesn't matter. I'm sure this commission would have done likewise because it's a needed facility, and it's got to go someplace. MR. BENDER: Well, I -- sir, I've been through this situation in 2000. COMMISSIONER COLETTA: Mr. Bender, please. Let me take this up with staff, some questions, please, and I'll address questions to you, if need be, afterwards. MR. BENDER: Okay. COMMISSIONER COLETTA: Mr. DeLony, my question to you is, the noise level at Mr. Bender's house prior to the plant being built and now, what's the difference? MR. DeLONY: I can't -- for the record, Jim DeLony, Public Utilities Administrator. Sir, I don't know if I can answer that question. I wasn't here when the plant was built actually in 1993, to say what the difference is. What we have -- excuse me. COMMISSIONER COLETTA: I could rephrase the question. MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: The noise level at Mr. Bender's house, how much of the noise level that he receives is directly a Page 24 February 28, 2006 responsibility from the plant and how much is it? MR. DeLONY: Commissioner, with regard to the noise levels, we -- through the work that's outlined in the presentation that I've given you with regard to the $1.6 million expended to date with regard to noise abatement within that plant, we believe not only are we in compliance, but we're doing very well in terms of any southward movement of that noise. Specifically, I know that from the readings we've taken on site. And also, I know, you know, socially with regard to the fact that within 300 yards, as opposed -- I mean 300 feet as opposed to 1,000 feet, which is the distance between the front area of the plant and Mr. Bender's home, is 1,000. Three hundred is the distance between the plant and some townhouses that are on Vanderbilt. I have absolutely no problem or complaints heard from anyone that are closer to that plant and reside closer to the plant than Mr. Bender. The -- I have spoken to both the homeowners' association, government liaison officer, as well as several of the residents that are in there, and they don't seem to have or are experiencing the same concerns that Mr. Bender has. We have taken all mechanical and operational actions we feel that have kept us in compliance with the county noise standard, and in some cases, I believe we're below that, yet we continue to have concerns about this matter from Mr. Bender. Did I -- I don't know if I answered your question. COMMISSIONER COLETTA: You answered it in part. At Mr. Bender's house, the decibel ratings that you pick up, that you -- the noise studies that you did, could somebody address that? Give us something as far as a measure of sound that you're hearing at 1,300 feet away from the source. MR. DeLONY: My information from staff here, we did take some compliance readings at his home during our last noise take -- Page 25 February 28, 2006 noise sampling, and we found that the -- actually the leaves and the animal noises at his home are louder than the plant. COMMISSIONER COLETTA: Okay. MR. DeLONY: At that time, sir. COMMISSIONER COLETTA: Is the plant-- MR. BENDER: I've been through this so many times, Commissioner. That was never ever, ever, ever the stipulation. The stipulation was, is that the noise level at their boundary line, their boundary line, the plant's boundary line would be no higher than the ambient noise that existed before the plant was put there. I -- I ask you, you come and sit on my porch, particularly when they crank the emergency generators up, which have, on occasion, run until 1 :30 in the morning. You can go three-quarters of a mile down Weber Boulevard, and the entire neighborhood is inundated with the generator noise. Now, emergency generators, fine. But they have had so many runnings of the emergency generator because of a thunderstorm within the limits of Collier County. COMMISSIONER COLETTA: That's required. When they have a thunderstorm within a certain distance, you have to fire it up. That's required by law. MR. BENDER: And that was not the way it was presented when this plant was sited, that it would only be used for emergencies, which they were saying basically would be just maybe an hour or two when it was required, when the power was unreliable, the external power. If they're going to run it until 1 :30 in the morning and inundate the entire neighborhood, then they have a responsibility to take care of the noise. COMMISSIONER COLETTA: Mr. Bender, I'll look into it some more. All I can tell you is that I don't know how much value I'm going to be listening, because, I don't know if you've noticed or Page 26 February 28, 2006 not, but I do have a hearing loss. I have special speakers here -- MR. BENDER: I do, too. I do, too, Sir. COMMISSIONER COLETTA: But, let me look into it, and if there's something to this, I definitely will bring it back before the commission. Thank you very much, Mr. Bender. MR. DeLONY: Thank you, sir. CHAIRMAN HALAS: Thank you very much. Item #6C PUBLIC PETITION - REQUEST TO DISCUSS THE 640 ACRES AGREEMENT BY JOSE VARELA - TO BE BROUGHT BACK FOR DISCUSSION AT THE MARCH 28.2006 BCC MEETING MR. MUDD: Commissioner, the next public petition is a public petition request by Jose Varela. MR. VARELA: Varela. MR. MUDD: Varela, to discuss the 640 acre agreement between Collier County government and the South Florida Water Management District. MR. VARELA: Thank you. Good morning, Honorable Commission. Thank you for allowing me the time to come before you and speak. Today I stand before and ask that you rescind on the agreement between this commission and the South Florida Water Management District and disallow any more extensions. On September 24,2003, the county entered into an agreement between themselves and the South Florida Water Management District where the South Florida Water Management District had until October 1, 2005, to transfer to the county 640 acres of land earmarked for OHV use in consideration for the county to give up its Page 27 February 28, 2006 roads in the Picayune State Forest. Here we are almost three years later after the agreement was signed, and we are still waiting. I have contacted by email and phone the staff of this agency and they refuse to speak to me the same way they are negating on their contractual obligations. You are in a special position. You are in a position that history rarely gives us, and this is the opportunity to re-right a wrong. This agency, unlike this commission, has no accountability. I would like to think that the government that I chose to govern me will hold all parties responsible to their contractual obligations. I understand that agency has been looking at different sites, even outside the county, as alternative areas, one of them being close to Lake Trafford in Immokalee. They want to use the muck that is in the bottom of the lake, the stuff that contains the toxins in the lake, and let us ride in there. This is a direct quote from our County Manager, Jim Mudd. And I quote, I think that gets you what you want. You don't want to give us a piece of land that nobody can use because it looks like something that came out of Love Canal. I know. I'm from Buffalo. I know Love Canal. I can show you every one of those brown fields, hot spots. All you have to do is look at the fish. They've got three eyes, no teeth. We don't want to have that. We want a healthy area that people can do that. I don't believe that stuff coming out of Lake Trafford is going to be that bad. But, you know, you do samples and you do what you got to do when the scientists tell you that. Those are the kind of things we like to have. Now, can we agree to that? This is the response from Mr. Panzy (phonetic). He's a senior attorney for the South Florida Water Management District: Yeah, I just have a couple of questions. Make sure we're communicating clearly. I don't want to delay you. With respect to the last issue, the 640 acres, I'm assuming you Page 28 February 28, 2006 recognize that right now we do not know the degree of contamination or what it will be three years from now, end quote. This is one of the alternative sites that are being considered. The stuff is hazardous to the lake but not to A TV riders. This direct quote you just heard is on PAGE 51 of the transcript involving a lawsuit by Bernard and Helen Noble and Vincent Doyer (phonetic) versus Collier County, case number 05-0064-CA, in which the county had to name the South Florida Water Management District a third party to the lawsuit because they failed to take responsibility for the roads inside the Picayune State Forest, the very roads that the county signed over to them. So this commission has a choice to make today. Keep the deal you made with the devil or bring this up to a hearing in front of the entire commission and bring all the parties involved in this and ask, where do they stand with the 640 acres. If they cannot find the promised 640 acres, then this commission can and should immediately forego the agreement and take the roads back. This will, in turn, put a stop to the so-called Everglades Restoration Proj ect, make the lawsuit brought against the county a moot case because no roads will be torn out, so therefore, those two plaintiffs can no longer claim this against the county, and the county will not relinquish the roads until there's a legal riding area in place. This whole project was sold to us using sound science. According to an article posted on February 23, 2006 on the Naples Daily News website, the director of this agency cites paperwork for a slow start. I quote, models have become bigger and more important than they should be, said Carol Welle, Executive Director of the South Florida Water Management District. Planners are spending too much time tinkering with computer models that try to predict how water might flow through proposed reservoirs, pump stations and other structures. Page 29 February 28, 2006 Instead of generating 50 more computer models for a project, planners should rely on common sense, she added, end quote. In the same Naples Daily News website, there was another article published on January 28th. And I quote, the prospects aren't good, Terrence South, the deputy Everglades policy advisor, told environmental activists and government officials at a gathering in Hutchinson Island on Florida's east coast. Congress hasn't passed a resource -- a water resource development act for Everglades restoration since 2000, the year the project began. Lawmakers aren't giving the go-ahead for the U.S. Corps of Engineers to begin new proj ects because the agency already has more than 40 billion in proj ects on its to-do list, South said, end quote. All this money, not including the 10.1 billion and growing for the project, and we can't find any land. Obviously we don't want to find any either. I know you're probably wondering why this is such a big deal. There are many valid reasons for the issue to be brought up for discussion. The first one is a matter of principles. We have a signed contract; however, we have families. This is one of the ways in which we like to recreate. We believe that families that play together stay together. Second, we are taxpayers. Every single A TV bought in the State of Florida, whether new or used, that is titled is assessed a $35 tax. That is a requirement of the Florida off-highway vehicle titling tax, chapter 31 7. This is the money that the state is supposed to use to buy land for riding areas. According to a report that was conducted by the Florida Department of Agricultural and Consumer Services on December 19, 2002, called the Off-Highway Vehicle Safety and Recreation Report, a requirement of the T. Mark Schmitt Off- Highway Vehicle Safety and Recreation Act states, on page 1, part A, and I quote, the State of Page 30 February 28, 2006 Florida has made a dedicated effort in conserving environmentally sensitive lands under the past quarter century. The recreation conservations, CARO (sic) program, the Preservation 2000 and the current Florida Forever Program have all been model programs that have resulted in protecting natural areas that otherwise have been lost to development or other uses. However, the family recreation OHV rider has been left out of the mix with no new riding areas being established on conservation lands purchased by the State of Florida since the late 1970s. This was -- this report was done at a time when riding was still allowed out on the Picayune State Forest. We have since lost the 72,000 acres of legal riding areas. Consequently, all the riding done now in the county is considered illegal. Page 18, bullet number 11 of this same report states, opening new OHV sites in South Florida needs to be a priority. Currently a large number of OHV and off-road vehicles are illegally riding on both public and private lands in South-- CHAIRMAN HALAS: Sir, how close are you to finishing? MR. VARELA: Probably about another two minutes. CHAIRMAN HALAS: Okay. MR. VARELA: Thank you. As apriority, a minimum of two sites should be developed in the areas of Dade and Collier Counties over the next two years. Again, this report came out in 2002. What did we do? We closed down the only public legal riding area we had. I am not a scientist, nor do I claim to be one; however, I've been going out to Big Cypress National Preserve since 1978, and I can tell you that I have seen what -- the consequence of man reeking havoc of nature. No off-highway vehicle activity would ever do as much damage as has been done since Napoleon Bonaparte Broward ran and won the governorship of this state in the early 1900s. Page 31 February 28, 2006 Since then, man has been trying to tame what he called the abominable. First it was drain the Glades, then flood control, then sugar. At the end of the day, we have spent billions, will continue to spend billions, and the polluters will continue to pollute while we, the commoners, suffer at the hands of the powerful. We give the okay to use 12,000 acres to build a town, a town where there are panthers currently living, but this is compatible use. Families playing together on the same piece of property would have been deemed incompatible. This is the hypocrisy behind the entire Issue. I ask that you please reconsider, bring this up for public discussion in front of the entire commission, and reconsider the facts. Talk to the county manager and ask him how the South Florida Water Management District has already tried wiping their hands clean. Here's another example of what I'm trying to address. According to the Sierra Club web site -- and this was posted on January 24, 2004, and I quote, Sierra Club will no longer support the package of projects known as CERP, the Comprehensive Everglades Restoration Plan, but only support those projects that clearly enhance restoration of the natural Everglades as intended by Congress. The Sierra Club will oppose the congressional funding of projects that serve mainly to enhance urban water supply under the guise of Everglades restoration. Sierra Club believes the balance intended by congress between economic interests in the needs of the Everglades has vanished in a web of details worked out by the Bush administration representing the interests of urban sprawl and big agriculture. The club cites as primary evidence the new rules passed by the U.S. Army Corps of Engineers and endorsed by Florida that will act as the road map for the investment and the management of a dozen of separate projects that will total over eight billion. Page 32 February 28, 2006 Also the club cites the amendment passed by the Florida legislature will full support of the governor, Jeb Bush, that allows the sugar industry to continue polluting the Everglades for at least 10 years. Ten more years of pollution. Why are we even doing this? It's very simple. You put garbage into the lake, you get garbage out of the lake. Here's yet another example, this one straight from the South Florida Water Management District website. This was posted on February 13, 2006. And I quote, the governing board of South Florida Water Management District and the Palm Beach County Board of County Commissioners have reached a no-cost lease agreement that would help the county establish a public recreation area on 313 acres west of Delray Beach until the land is needed for construction of an Everglades restoration proj ect. The land known as the Seaman's (phonetic) property was purchased by the district as part of its east coast buffer project and is slated to be transformed into a water preserve area in the future. Because construction is not scheduled to begin for several years the county will maintain and manage the land in the interim as a place where the public can jog, fish, mountain bike, and hike among any-- many other passive activities. A specific list of allowed users will be determined by the compatibility and the preservation of the natural and historical resources of the property. CHAIRMAN HALAS: Sir? MR. VARELA: End quote. CHAIRMAN HALAS: Are you about finished? Are you about pretty close to finishing? MR. VARELA: I've got three more sentences, then I'll be done. CHAIRMAN HALAS: Okay. MR. VARELA: Thank you. What was done to the citizens of this county and neighboring counties with the land grab of the Picayune State Forest and the empty promise by a rogue government Page 33 February 28, 2006 agency with no accountability is one of the best examples of abuse of power I can find in my own time. I'd like to thank the commission and all the other members of the county government for allowing me. And if you guys have any questions, I'll be more than happy to answer them. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes, Mr. Varela, I want to tell you that was one of the best prepared presentations I've heard in a long time. You put a lot of work and effort into it. And a lot of people out there agree with the issues you brought up. Back when this came before the county for a determination, I voted against the tradeoff for the restoration. Not that I was against the restoration. I do support the restoration of the Everglades. MR. VARELA: So do I; so do I. COMMISSIONER COLETTA: If it's done in a responsible matter. I just never thought that we'd be able to find the 600-some acres that would be -- meet all the requirements, and I was hoping to be proven wrong and I still hope to be proven wrong. Mr. Mudd, is this coming back before the commission in some form in the near future? MR. MUDD: Yes, sir. First meeting in March you should have an amended agreement with the South Florida Water Management District and the state for your consideration. COMMISSIONER COLETTA: Fine. Would you be able to come to that meeting, sir? MR. VARELA: Yes. What day is that going to be, County Manager? MR. MUDD: It will be March 14th. MR. VARELA: March 14th. COMMISSIONER COLETTA: And I'm just going to ask for a nod one way or the other. Mr. Terrance Clares (sic) -- I'm sorry. Terrance, is there anything that you want to add or no? Page 34 February 28, 2006 MR. TEARS: If I could speak to this. COMMISSIONER COLETTA: Please. MR. VARELA: Real quick, that meeting's going to take -- here, the same place? COMMISSIONER COLETTA: Yes. MR. VARELA: And is it going to be open up for other members of -- COMMISSIONER COLETTA: Oh, always. Every meeting here is open. MR. VARELA: Okay. And it's going to be open for other members of the public to come and comment on this? COMMISSIONER COLETTA: Yes. MR. VARELA: Okay. COMMISSIONER COLETTA: That's what we need, to be able to approach these things and break them down to little bits where we can digest it. But you know, you made a lot of statements, and I wanted to give water management a chance to respond. MR. VARELA: Sure. MR. TEARS: First thing I'd like to respond to is the acceleration. The district is bonding over $2 billion to move forward with -- accelerate eight projects. In Southern Golden Gate Estates, restoration which is known as the Picayune Strand restoration project, is moving forward, and the goal is to complete that project. In addition, as part of the settlement agreement with Collier County, we have been giving you a million dollars a year for the last three years. The challenge is, that I find, because I'm really the one that's trying to drive finding the 640 acres, is the suitability requirement. And I've located already 13 sites. I've taken them to different agencies. And I can't get their blessing on those sites, and that's the challenge. And the only site that I've been able to find which is disturbed Page 35 February 28, 2006 provides at least a 400-acre footprint to do whatever the county wants to do and mold it the way they want to do is 624-plus acres out by Lake Trafford. I mean, it's an opportunity in the future. If after we do some soil testing and ensure the safety -- public safety is utmost importance to us and the county -- this site could be molded to a future park, and I think it's a great opportunity, and we still need to consider it, and county staff currently is considering that. We tendered that offer in May to meet the obligation of our agreement because that was the only site that we could find. And we're doing everything possible to find a site for Collier County. We're not a rogue agency. We're doing everything possible to meet our commitment. And really at the time the agreement was signed, the dynamics of Collier County changed. You had rural lands, stewardships being formed, Ave Maria made their development known, and that changed the dynamics of land in Collier County. The other issue is, you know everybody says ORVs are beautiful machines. They are. But there's a certain group of OR V users that do destroy land. And most of the large owners of land in Collier County do not want ORV usage adjacent to their property, so it's very difficult to find a section of land in Collier County for this type of use. But we're doing everything possible to meet our commitment. MR. VARELA: May I address the gentleman of the Water Management District? COMMISSIONER COLETTA: Briefly. I've got one more question for him. MR. VARELA: Well, go ahead. Go ahead, Commissioner. CHAIRMAN HALAS: County Attorney here also. Go ahead, David. MR. WEIGEL: Thank you, Mr. Chairman. In regard to an agreement or revised agreement coming back to Page 36 February 28, 2006 the board and the proffer date of March 14th, the next -- the first meeting in March, I don't know that we can say that there will be a revised agreement ready to go to the board on the 14th because the County Attorney Office, on behalf of the Board of County Commissioners, is still in, I'll put it nicely, negotiation in regard to revisions to the agreement. And I'd say it's undecided at this point that it would be in -- necessarily be in the form that it's ready for publication and the agenda for the 14th. It may be that we want to go for a date a little bit later than that with more certainty, quite frankly. CHAIRMAN HALAS: Also I think that where we are right now is, we're still working with South Florida Water Management on this particular issue. Commissioner Fiala? COMMISSIONER FIALA: Oh, I think Commissioner Henning was first. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: I don't know if severing the agreement or rescinding the agreement is going to get where the gentleman wants us -- wants us to be. You know, the property owner, being the state, it's still public lands. And you need to get permission from them to utilize that property in Southern Golden Gate Estates. MR. VARELA: Well, I'm not an attorney. The only thing I can think of -- and please bear with me. I'm not an attorney. I'm just somebody that's very disappointed in this whole -- you know, in this whole issue of the 640 acres. You have to understand, we went from 72,000 acres to zero at a time when they were calling for more ORV places to be opened up, specifically in Collier and Dade County. What I would think that should happen is, tell the South Florida Water Management District you have 30 days to come up with a riding area. You do not -- cannot find one within 30 days -- after all, Page 37 February 28, 2006 you're already pretty much going on three years, you cannot find a riding area, take the county, give the -- have the county give back the $3 million to the agency, and go ahead and open up the roads that the county owns in the Picayune Strand forest to ORV use, so we can't ride in the forest, but we can ride on the public road that the county owns. And I'll guarantee you, I guarantee you, that would definitely put pressure, and within a month or two after they have us riding out there on the county public roads, there will be an ORV park open. CHAIRMAN HALAS: I don't think -- MR. VARELA: Guaranteed. CHAIRMAN HALAS: Yes, sir. I don't think we're going to solve the problem today, so I think what we need to do is -- the wheels of government sometimes move slowly, but I think we're going to address this issue, and I believe that the end result will be that -- just give us time, but I think that the end result will be that we'll take care of the people that have ORVs. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Clarence, I was just wondering, I know it takes an awfully long time to get all of this stuff going in the Everglades anyway. Is there a way for somehow an agreement to be created that will allow these people to use the land that they used before until we finish the area over there, the 640 acres, or is that not a possibility? MR. TEARS: Well, there's a couple issues here. First issue is, these 55,000 acres in Southern Golden Gate Estates were private parcels which the state acquired. All right. That's the most important. They were private parcels which the state acquired. The state is looking at roughly 2,000 acres in Southern Golden Gate Estates for ORV usage; however, it has to be presented to the federal government, Department of Interior, because of the dollars used to purchase the lands in Southern Golden Gate Estates, so there's a lot of multi agencies involved. Page 38 February 28, 2006 The state is recommending a portion of Southern Golden Gate Estates for ORV use yet we still have to have -- the state still has to get their partners to sign off on it, and that's the challenge. John Outlan wrote a letter. He's with DEP. Wrote a letter yesterday to Brad Cornell, I read the email, stating that the state is looking at it; however, they still have to have their federal partners sign off on that. CHAIRMAN HALAS: Thank you, MR. TEARS: In addition, the state has a special task force looking at ORV usage in state parks throughout the state, and they meet on a quarterly basis, and they -- I mean, the state is trying-- trying their best to find locations for ORV usage. CHAIRMAN HALAS: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, the purpose of the public petition is only to determine if we, as a Board of County Commissioners, want to bring it back for further discussion. We cannot solve this here today. It is inappropriate for us to involve ourselves in cross-examining people and trying to arrive at solutions when we don't have all the stakeholders here, and I would hope that we would limit our decision to just deciding when we're going to bring it back -- if we're going to bring it back, and I would suggest we do -- but when is the best time for us to bring it back for discussion, and not a discussion about a contract, but a discussion about how do we get the 640 acres that we were promised. It is -- and the gentleman makes a perfect example. I disagree with much of the other things that he said. But a principle is involved, and we were -- we were promised that we were going to get some land. And it makes no difference, in my mind, Clarence, if the federal government has to approve it. We need to find a lever to put enough pressure on the federal government to get off their duffs and approve Page 39 February 28, 2006 it. So my only concern is, when is a good time to bring it back so we can resolve it? MR. MUDD: it would be -- the best meeting that you have is the 28th of March, the one that's most open. COMMISSIONER COYLE: Okay. That would probably be the best one. CHAIRMAN HALAS: Well-- but I believe the county attorney said that they're still working through the litigation process on this, so it may be farther down the road than that. We can schedule it for the 28th, and then if it doesn't meet the requirements, then we can continue it from that point on. But if you want, why don't we just -- if we get a couple of nods here, we'll go in regards to the 28th of March. COMMISSIONER COLETTA: If I may comment. I agree. I want to do it as soon as possible. But I don't want to get in front of the county attorney and have a meeting that isn't complete, missing that element. CHAIRMAN HALAS: Well, that's what I said. COMMISSIONER COLETTA: Right. Whatever they agree on, they can -- when the county attorney gets with the county manager, whatever that date is, I need to know well in advance so I can give public notice. I need a news release on it to be able to get it out to the public. MR. WEIGEL: Okay. Mr. Chairman, in fact, Mr. Coletta's hit on what I was thinking, was that, for instance, when we come up and -- although March 28th is potentially a viable date wherein we are -- we, the county, and state the South Florida Water Management District, because we brought them in, have involved them in this Doyer and Noble lawsuit, and it's in this what we call chapter 164 proceedings -- which there's been mediation and it continues. And it's in the element of reaching a settlement as well as Page 40 February 28, 2006 sharing the responsibilities relating to the lawsuit concerning those two private persons' property that we're moving forward, but at the same time, it's more than merely the 640 acres. But it's been -- it has been an element of applying pressure to the South Florida Water Management District and the state relating to those 640 acres. And so we're still in -- we're still in that context of lawsuit and dispute resolution that we're forced into under state law. At the same time, the 28th might be a viable date. But the agreement that we bring back, if we do bring back a revised agreement, to some degree is -- potentially it would come to settle the issue of the 640 acres, but it may not be what this board is looking toward in the sense of timing or alternatives in the meantime, things of that nature, which you may wish to discuss. So I would look forward for the County Attorney Office to work very closely with the county manager and with the commission for a date, and so that a -- through whatever means, Commissioner Coletta or us, get press releases out and notices out so that parties could attend. It might not be the 28th, but certainly not before the 28th, if I could leave it that way for you. CHAIRMAN HALAS: Well, I think that's what we were discussing, that we would place it on the agenda as the March 28th meeting. And if we saw that we weren't going to be able to accomplish that task, then there wouldn't have to be a press release, and that -- so that's the best way to handle it. So do I have enough nods here? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: So we'll put it on the 28th, and then we'll go from there. Thank you very much. MR. VARELA: Thank you, Commission. Page 41 February 28, 2006 Item #9A RESOLUTION 2006-45: RE-APPOINTING THOMAS E. FINN TO THE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to item 9A, and that is appointment -- and that's the Board of County Commissioners, appointment of a member to the Bayshore Beautification MSTU Advisory Committee. COMMISSIONER FIALA: Motion to approve Thomas Finn. CHAIRMAN HALAS: Do I have a second? COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. I have a motion and a second for Thomas E. Finn to be appointed to the Bayshore Beautification MSTU. Is there any further discussion? (No response.) CHAIRMAN HALAS: Seeing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: It carries unanimously. Item #9B RESOLUTION 2006-46: APPOINTING JOSEPH L. DILLON TO Page 42 February 28, 2006 THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to the next item, which is 9B. It's appointment of a member to the Ochopee Fire Control District Advisory Board. COMMISSIONER COLETTA: Motion to approve Joseph Dillon. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor to approve Joseph Dillon for the Ochopee Fire Control District, and a second. Is there any discussion? (No response.) CHAIRMAN HALAS: Seeing none, I'll call the question. All those in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries, unanimous. Item #10B AN AL TERNA TE ROAD IMPACT FEE CALCULATION AND RESULTING RATE FOR THE PROPOSED NAPLES MOTORSPORTS AUTOMOBILE DEALERSHIP - APPROVED; STAFF TO WORK ON CALCULATION FOR ACCESSING IMPACT FEES REGARDING VEHICLES FOR SALE- Page 43 February 28, 2006 CONSENSUS MR. MUDD: Commissioner, that brings us to our next item, which is lOB, but understand lOA has got a time certain of 11 a.m. lOB is a recommendation to approve an alternative road impact fee calculation and resulting rate of $8,854 per 1,000 square feet for the proposed Naples Motor Sports Automobile Dealership. And Mr. Norman Feder, Administrator for Transportation Services, will present. MR. FEDER: Commissioners, this is a recalculation based on what was done with Jaguar of a specific calculation of trips generated by a specialty automobile dealer. In this case we brought it up to current cost but used the same basic calculation, given that it's a very specialized clientele that would be involved. CHAIRMAN HALAS: And you basically said that you used the same calculations that -- when the Jaguar dealer came? MR. FEDER: Yes. I brought up to current rate structure for the impact fee program. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. I have a motion for approval and a second. And I have discussion by Commissioner Coyle. COMMISSIONER COYLE: Yes. I will vote in favor of the alternative method of calculation, but I do have a recommendation I'd like to make to the commissioners, and that is that the process we have for calculating impact fees particularly for automobile dealerships, I think, is flawed. And it's not something we dreamed up. It's a national process. And it essentially uses the building square footage on the lot to determine impact fee, but yet for many automobile dealerships, the parking lot is more important with respect to the calculation of an Page 44 February 28, 2006 impact fee because if they have hundreds of vehicles in the parking lot, the size of the building is of no relevance concerning the traffic that it generates. And I understand that figure we use is an average of the two types of dealerships, but it still doesn't get precise enough to really understand the impact. And to use an example, a person could buy a block, an entire city block, of property, put 1 OO-square- foot building on it, cover that entire city block with cars for sale and attract people there to look at them, and they'd pay impact fees on the 100-square-foot building, which is almost nothing. So I would merely ask that, after voting on this -- and I will vote for it -- that the commission give the staff guidance to take a look at this and see if we can't come up with a better way of assessing it, and that way if it's a normal process, it doesn't have to come to us under these circumstances. MR. FEDER: Commissioners, we will do that. Again, in all of our impact fee process, especially since we are pushing to get full cost, we have to have a provision for variation when you're going to go on an average situation, if you will. Having said that, we're in the process of updating our impact fee. We'll ask our consultant specifically to look at this area. CHAIRMAN HALAS: Is there any other discussion? Seeing none, I'll call the question. I believe the motion was made by Commissioner Fiala, seconded by Commissioner Coletta, in regards to the calculation for impact fees for Naples Motor Sports automobile dealership. Those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. Page 45 February 28, 2006 COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by, like sign? (N 0 response.) CHAIRMAN HALAS: Carries unanimously. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN HALAS: Yes. COMMISSIONER HENNING: Can we get a consensus of the board on what Commissioner Coyle brought up so -- CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: -- staff has clear direction? CHAIRMAN HALAS: Why don't we give -- why don't we give staff direction? Do I have three nods on this? COMMISSIONER HENNING: Yeah. CHAIRMAN HALAS: Okay. Please, I believe that Transportation Department Director Norm Feder said he was going to look into that anyway because they understood what was going on. Thank you very much. Item #1 OC AWARD BID # 06-3920 - ANNUAL CONTRACT FOR "ANNUAL ROAD MICRO-SURFACING CONTRACT" - APPROVED MR. MUDD: The next item is 10C, and that is a recommendation to award bid number 06-3920, annual contract for annual road micro-surfacing contract for the approximate annual amount of $1,100,000. And, again, Mr. Norman Feder, Administrator for Transportation Services will present. MR. FEDER: Commissioners, I have John Delate that can go through any of your technical questions on this, but basically this is our annual contract. Since it's over a million dollars, it's on your Page 46 February 28, 2006 regular agenda, and we're open to any questions that you might have. CHAIRMAN HALAS: Do we have any discussion on this? (No response.) CHAIRMAN HALAS: Seeing none, I entertain-- COMMISSIONER FIALA: Motion to approve. CHAIRMAN HALAS: -- a motion. Okay. Do I have a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. I have a motion to approve this contract for micro-surfacing of the road. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: It carries, unanimous. MR. FEDER: Thank you. Item #10D FOLLOW-UP REPORT REGARDING THE ENFORCEMENT EFFORTS OF THE CONTRACTOR LICENSING OFFICE AND THE CODE ENFORCEMENT DEPARTMENT PERTAINING TO THE REGULATION OF CONTRACTORS FOUND IN VIOLATION OF APPLICABLE LAWS AND ORDINANCES- MOTION TO ACCEPT STAFF'S RECOMMENDATION TO CHANGE THE LDC - APPROVED MR. MUDD: Commissioner, the next item is 10D. It's a Page 47 February 28, 2006 follow-on report to the Board of County Commissioners regarding existing codes of laws and ordinances throughout the State of Florida regarding the enforcement efforts of the contractor licensing office and the code enforcement department pertaining to regulations of contractors found in violation of applicable laws and ordinances. And Mr. Joseph Schmitt, your Administrator for Community Development and Environmental Services Division will present. MR. SCHMITT: Commissioners, good morning. Again, for the record, Joe Schmitt, Community Development/Environmental Services Administrator. With me today, Bill Hammond, my Director of Building Review and Permitting; Michael Ossorio is here today as well if you have any questions involving contractor licensing and the Contractors' Licensing Board, and also from the County Attorney's Office, Jeff Klatzkow. Basically we're here to discuss, at your request, a follow-on that, in summation, was really you asking for us to look at more aggressive ways to hold contractors financially responsible for the cost of any variance-related land use petitions that a contractor may have caused as a result of unpermitted work. I'm going to defer to the County Attorney. Attachment A was my initial report. And as Mr. Mudd noted, there was a mix-up in the way this was printed, so the executive summary is really on the white stock. The blue stock was the original executive summary from the January 10th meeting. At attachment B was a report, or is a report from the county attorney who conducted a survey of the 15 counties. In sum, basically the violation -- there are already -- already provisions on the books for dealing with holding contractors responsible and paying restitution to any aggrieved party that had action taken against them in regards to unpermitted work; however, in this executive summary, what we're asking -- or we're asking for your direction. If you want this to come back, we can put very specific language Page 48 February 28,2006 in our ordinance and in the -- the land development code, which basically, and I quote, restitution to property owners who incur expenses for any and all associated variances as defined by the land development code, and we can -- we can note such language. In the land development code or in the -- in dealing with the code dealing with the contractor licensing activities, we can certainly do that. Also, this report, in the last meeting or in the meeting of January 10th, you asked for feedback on two cases that you cited. I provided feedback on those. We can -- we can answer your questions in regards to those two cases. I don't see any need to bring them up unless you have any specific questions. I guess subj ect to your questions, basically the recommendation is that the board give staff direction to amend section 4.3.5.1 of ordinance 20 -- or 2002-21 to include language that defines restitution to property owners who incur expenses for all associated variances defined by the land development code for the county -- Collier County Code of Laws and Ordinances. That pretty much covers it. I know I went over it briefly. I hope that you did read the executive summary, but I'm -- subject to questions, that concludes my introduction. CHAIRMAN HALAS: I've got a question before I turn this over to Commissioner Henning. Of the counties that do have an ordinance, what was your take on the information that was placed in those ordinances? MR. SCHMITT: Can I -- I'm going to turn that over to the county attorney. They pretty much conducted the review of the ordinances. CHAIRMAN HALAS: Okay. In particular, like Manatee and Martin County. MR. KLATZKOW: I think that our ordinances fall within the same general ambit as everybody else's. It's a question of our take on them. We have the power to bring contractors before the Code Page 49 February 28, 2006 Enforcement Board, for example. We just haven't done that as a matter of custom. From direction of this board -- if it is direction of this board to do that, we'd -- as a staff, we'd be happy to do that. Of more concern was -- and it's been a concern of mine for a while of the innocent property owner, who a contractor does something that's wrongful and a property owner winds up taken to the shed on that. With the board's direction, we could amend the ordinance so both the contractor and the homebuyer -- and the homeowner could be brought before the Code Enforcement Board. And at that point in time, it can be determined, is this an innocent homeowner, and if so, you know, what should the punishment be? Should it be against the contractor solely? Should it be the contractor and the homeowner? And we can work it out there at that point in time. And that would be the primary change that I would recommend this board direct us to make. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, I like the idea of having all parties at the table to get both sides of the story for resolution of the responsible party. I think that's appropriate. Mr. Schmitt, I do have a question -- MR. SCHMITT: Yes. COMMISSIONER HENNING: -- about the contractor licensing process. MR. SCHMITT: Yes. COMMISSIONER HENNING: Or -- is there anything available on the website about the process of contractor licensing, you know, any information about what the consumer should be doing and looking for as far as a reputable contractor? And is there a possibility to list on the web page a -- contractors who have violated the laws and give the particulars? MR. SCHMITT: The -- yes. And to answer your question, the Page 50 February 28, 2006 website does have information. Weare doing a complete revamping of all the websites in Collier County, so that -- there's a contract -- John Torre currently has a contract to look at the entire web site process. But there are -- there is information. Certainly anybody can call contractor licensing to get information on the past history. I would have to defer to the county attorney whether or not we can post names. I believe we probably could post names of those that are under some -- or pending action. But I'm -- I would have to really -- that's something I would have to defer to the County Attorney. Mike, do we post -- or Bill, do you know? If you want to talk-- MR. HAMMOND: Good morning, Commissioners. For the record, Bill Hammond, Director of the Building Review and Permitting Department. Everything that the Contractor Licensing Department has and every action of the Contractor Licensing Board, as you're aware, is public record, and it's in the open. We do respond to phone calls if they ask for specific information about a contractor. We don't have the Contractor Licensing Board minutes posted on the web site right now. But, you know, any actions or summaries of actions, at the board's direction, that information could be posted on the board. But we do -- we do routinely handle requests for public information about contractors, and we forward that to the requesters. MR. SCHMITT: I would like to add, we are going to put a flier in -- I thought it was going to go out last month, but it should go out in this month's utility billing to all the residents in regards to just a one-page primer on how to -- what you're doing if you hire a contractor, the kind of questions you should ask a contractor to ensure you're hiring a reputable -- honest and reputable contractor. And as I noted in the last presentation in January, quite frankly, Page 51 February 28, 2006 98, 99 percent of the folks out there are -- want to do the right thing and they're honest businessmen. It's unfortunate there are a few out there who do not. And we -- Bill-- Bill Hammond and I speak with members of the industry. We depend on them to police their peers just as much as Mike and his team who are out there in contractor licensing to ensure that, in fact, we're dealing with those who are -- who are not representing at least their trade as they should. So -- yes. COMMISSIONER HENNING: Mr. Schmitt, is it something you might be interested in, or is it a value to put some information on the web? MR. SCHMITT: Yes. We will do that. We'll put some information on the web. It's on the web now. You can go to the building department, hit contractor licensing. But what we can do is post contract -- I'll make sure from the county attorney that it -- as Bill Hammond mentioned, it is public information. And if we cite someone through an enforcement action, we'll -- if that's your direction, we'll post that on the web. COMMISSIONER HENNING: Well, I -- personally I think it's a good public service. MR. SCHMITT: Yeah, okay. COMMISSIONER HENNING: But, you know, your department -- and I think that you can give us some direction -- MR. SCHMITT: All right. COMMISSIONER HENNING: -- on whatever you think is best to serve the public in this. MR. SCHMITT: We will do it. I mean, it's not a problem. We will post that information on the web. I think -- and I would recommend we do so. It is my recommendation we come back with an amendment to -- through the ordinance, which is -- basically goes into our laws of codes and ordinances to identify specifically that the contractor canu Page 52 February 28, 2006 be held accountable. They can already, but I think we'll clarify the language and make it very specific. And we'll come back with an amendment to that ordinance to -- based on your direction and your approval, we'll come back with that amendment. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Just a couple of clarifications. I like the recommendations that have been made. And Jeff, I'd like to verify that if we agree to add the language to section 4.3.5-1, restitution to property owners who incur expenses for any and all associated variances as defined in the Collier County Land Development Code, is that in any way is limited by the $500 limit on civil infractions, or is it an entirely different kind of assessment and penalty? And if it is a different assessment of penalties, what is our legal authority for assessing that penalty? MR. KLATZKOW: That's a good question. I don't have a -- I don't have an answer to that. COMMISSIONER COYLE: Okay. MR. KLATZKOW: I was focusing more on bringing both the contractor and the homeowner before-- COMMISSIONER COYLE: Okay. MR. KLATZKOW: -- the contract --Code Enforcement Board. COMMISSIONER COYLE: That's a good idea too, but once you get them in there and you make a decision, what decision are you going to make, a civil fine -- MR. SCHMITT: Mike Ossorio -- COMMISSIONER COYLE: Are you going to have a civil fine against the contractor if you find the contractor's guilty? If so, then how do you hold the contractor liable for any and all expenses incurred by the homeowner, who supposedly is innocent? How do you do that legally? MR. OSSORIO: Well, first of all, for the record, Michael Page 53 February 28, 2006 Ossorio, Collier County Contractor Licensing. The very first thing is restitution is defined up to $10,000. Once we get -- there is a civil judgment. It's up to the County Attorney's Office to go ahead and file proper liens on the property of the contractor or real property. So once it leaves the licensing issues and we issue a finding of fact for the monetary money, it goes to Robert Zachary's office in the County Attorney's Office for Prosecution. COMMISSIONER COYLE: Well, let's stop right there. You've got a variance issue. MR.OSSORIO: Yes, sir. COMMISSIONER COYLE: Let's say that the variance is encroaching four feet into the rear yard setback, and that is clearly a citing problem, I presume, either for a pool or a house itself. How does a $10,000 maximum liability meet the requirement? MR.OSSORIO: Well, that's under state law, unfortunately. The $10,000 is a maximum of restitution we can order a contractor under 489. Now, we regularly handle these on these cases, so -- we had one last week where there was a couple of inches into the setbacks. Contractor came in, paid his penalty of a thousand dollars to rectify the problem. It's -- I'm not going to say it's an ongoing problem, but it does happen that the survey does come back and there's an issue with a couple feet here or there. But most likely when we go in front of the board, once the finding of facts is issued by the chairman, which is a contractor itself, the contractor pays. COMMISSIONER COYLE: Well, let me break it down, and I'll try to be very brief with this. There's two things you can do. You can fine the contractor $500 a day, and each day it is uncorrected after the time you've given him to correct it is a separate citation so it will continue to accumulate, so it gets to be pretty large. The next thing you're talking about is restitution to the homeowner. Page 54 February 28, 2006 Now, are these one and the same things? Are you contemplating that we'll take the fine that you impose against a contractor and you turn that money over to a homeowner as restitution of some kind? MR. OSSORIO: That's correct. It goes right to -- the finding of facts gets issued, and the contractor has X amount of days to make restitution. Some is made in installments. Some is made right up front. We had a case two months ago. It was $30,000 restitution, not restitution but order per contract. Not restitution. That's totally different to pay back. COMMISSIONER COYLE: Well, let's talk about -- we're talking about restitution, okay, to the property owner. CHAIRMAN HALAS: Commissioner Coyle, let's see if the county attorney could shed some light on this question here. MR. WEIGEL: Yeah. The subject's very interesting. The fine under state statute for violation of ordinance, which provides up to $500 is separate from restitution. An example would be -- and I think that response from Joe Schmitt or Mr. Ossorio would be that when fines are levied and they -- by the Code Enforcement Board, they are not necessarily restitution, but are fines that go to Collier County. And restitution is an available element that can be applied and would be separate from fines. I think we have the flexibility in our local lawmaking that we could conceivably meld the two -- this is a kind of off-the-cuff thought here -- meld the two if we wanted to use the continuous fine day after day imposition that the Code Enforcement Board does; however, there is the possibility in some circumstances where the ongoing activity is not ongoing. And so the 5 -- up to $500 per day, day after day, may not be available, but that still doesn't answer the question for restitution. Restitution does exist, can exist separately. And I think that if you just authorize the staff and county attorney to bring back measures to Page 55 February 28, 2006 you that provide for the full application of the law, we'll bring something to you which answers those questions and, perhaps, gives you a choice, but certainly answers as to what you -- what you and ultimately the Code Enforcement Board can do. COMMISSIONER COYLE: Okay. That helps a lot. So let me make sure I understand. You can assess the fines as you currently do, and if you wish, you can assess a restitution amount which has no maximum value? MR. WEIGEL: Potentially not. COMMISSIONER COYLE: Okay. Now, take -- MR. SCHMITT: But the board has -- the Contractor Licensing Board has to make that determination. COMMISSIONER COYLE: I understand that, and we've already gotten to that point. We've said, it's a good idea to take people there to learn the facts. Now, the last step in the process is that none of the two things that I think we just talked about would cover state-licensed contractors. So now the additional -- so if a person is a state-licensed contractor, you're not going to be able to do any of that. Okay. MR. SCHMITT: No. We only can -- we only notify the state in that regard. COMMISSIONER COYLE: No. You can withhold permitting privileges. MR. SCHMITT: Yes, yes. COMMISSIONER COYLE: Okay. Now, you package all those together in a document that is legally supportable and enforceable, and I think it covers my concerns. MR. SCHMITT: Okay. COMMISSIONER COYLE: Okay. So it -- now, the important issue is that if you withhold permitting privileges for someone who is in violation of these -- of some thing, you have to guard against someone going out and reincorporating and thereby getting around Page 56 February 28, 2006 your prohibition or withholding of permitting privileges. MR. SCHMITT: Yes. COMMISSIONER COYLE: So I would task -- I would ask that the board task the legal department to give some thought to that to see how we could put it together in a way that makes some sense so that we've got some teeth in this law; otherwise, it means nothing because you just go and you get a state license -- a state contractor's license and you don't get penalties much at all. So that would do the trick for me -- CHAIRMAN HALAS: Along with the -- COMMISSIONER COYLE: -- Mr. Chairman. CHAIRMAN HALAS: -- recommendations that they've come forth with? COMMISSIONER COYLE: Yeah, yeah. CHAIRMAN HALAS: Okay. Is there any other discussion? I'll entertain a motion. If you'll -- you put together the motion -- COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: -- along with the guidance to the county attorney in regards to what you just discussed. COMMISSIONER COYLE: Okay. It would be my motion to accept the staffs recommendations to change the land development code to permit the assessment of restitution to property owners who incur expenses for any and all associated variances as defined in the Collier County Land Development Code and also withhold permitting privileges from contractors who are in violation and who do not make or pay the appropriate restitution or fines. MR. SCHMITT: Can I correct that? It would -- also be in the Collier County Code of Laws and Ordinance. COMMISSIONER COYLE: Yes. MR. SCHMITT: Specifically chapter 22. COMMISSIONER COYLE: Yes. CHAIRMAN HALAS: County Attorney, did you have Page 57 February 28, 2006 something? And also, how about we challenge the staff here in regards to the item you brought up where people all of a sudden change different -- COMMISSIONER COYLE: Yeah. I would hope they would-- they would include that -- that legal language in the document itself to try to guard against people circumventing the effects of this law by reincorporating this. MR. SCHMITT: One problem, if I could bring out -- and you're going to see another one in a couple weeks, and I don't want to discuss the case. But in these cases of owner/builder who -- then there's no contractor involved. It's an owner/builder. COMMISSIONER COYLE: Well, it's the owner/builder who bears the responsibility. MR. SCHMITT: Right. And then it's the owner/builder who then sells the home, and then the new purchaser is stuck. I don't know. We would look at that, but almost in -- and most -- in those cases it's pretty much a civil matter between the new property owner and the person they bought the home from. And we have those where -- we do have very specific rules on owner/builder and how many times you can do it and the tax laws and some of those things. But I -- what we'll do is, we're going to just do a comprehensive review of the entire ordinance and try and nail this down solid. COMMISSIONER COYLE: Well, I understand that we can't solve every potential situation that might arise in the future, but this will get us down the road a ways, and then we can fine-tune it as we go. MR. SCHMITT: Yes, sir. CHAIRMAN HALAS: Do I have a second on Commissioner Coyle's -- COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. So I have a motion by Page 58 February 28, 2006 Commissioner Coy Ie and a second in regards to coming up with direction for coming up with different ways of addressing the Collier County code and ordinance in regards to protecting the property owners against people who may not be the proper contractors. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. Anything else before we take a break? (No response.) CHAIRMAN HALAS: We are in recess for 10 minutes, and we'll be back at 10:48. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you. Collier County Commission meeting is now back in order again. And- Item #10E BUDGET AMENDMENTS TO RE-ALLOCATE UNSPENT LANDSCAPE MAINTENANCE FUNDS TO VARIOUS PROJECTS DETAILED - APPROVED MR. MUDD: Commissioner, the next item on our agenda is item number 10E, and that is a recommendation for the Board of Page 59 February 28, 2006 County Commissioners to approve budget amendments to reallocate unspent landscape maintenance funds in the amount of $1,462,422 to CAT bus shelters, Pelican Bay resurfacing, lime rock conversion, and other landscape projects. And Mr. Norman Feder, your Administrator for Transportation Services, will present. MR. FEDER: Commissioners, you have in the landscape operations budget a provision for 12 months' worth of funding. In many cases the projects came through in construction and completion, not using the full 12 months, plus the landscaping staff had done a couple items for efficiency. I could have them detail if you'd like, that leaving us an availability of dollars previously budgeted that we're recommending be reallocated, as was noted in the executive summary, essentially to provide some funding for additional bus shelters, which are needed throughout the county for the Collier Area Transit System, some monies for Pelican Bay micro-surfacing. We have a portion of that three miles that particularly need resurfacing now, and we're looking to do the micro-surfacing for the full three miles to keep that facility up, some 200,000 of that towards lime rock conversion, to further add funding to that proj ect need, that's greatly underfunded, and then some more to refinements within the landscaping program itself. Be happy to answer any questions you might have. CHAIRMAN HALAS: Are there any questions to staff? COMMISSIONER FIALA: Motion to approve. CHAIRMAN HALAS: Okay. Motion to approve. Do I hear a second? I'll second that. Any further discussion? (No response.) CHAIRMAN HALAS: I'll call the question. All those in favor,h Page 60 February 28, 2006 signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Item #10F SELECTION COMMITTEE'S RANKING OF FIRMS AND CONTRACT FOR RFP #06-3919 "PROFESSIONAL SURVEYING AND RELATED SERVICES" FOR RANDALL BLVD. - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10F, and that used to be 16B7, and that is to approve selection committee rankings of firms and approve attached contract for RFP number 06,3919, which is professional surveying related services for Randall Boulevard (Immokalee Road to DeSoto Boulevard), county project number 60065, in the amount of $589,955.87. And Mr. Jay Ahmad, your -- see, I knew I'd get it right. Jay Ahmad, your Director of Engineering -- MR. AHMAD: You've been working on it. MR. MUDD: -- for transportation, will present. MR. AHMAD: Yes. Good morning, Mr. Chairman, Commissioners. Again, my name is Jay Ahmad. I'm your Director of your Transportation Engineering and Construction Management. And I'm here asking for your approval of this item to approve Page 61 February 28, 2006 the selection of AIM Engineering and Surveying, Inc., for providing a survey for this five-and-a-half-mile project named Randall Boulevard, as you know, and this is from Randall Boulevard from Immokalee to DeSoto, which is -- we're going to do 300 feet of survey for about five-and-a-half miles. We're going to do -- this consultant will provide also survey of all the side streets for about 2,000 feet. There are about three canal crossings associated with this project, and they're going to do about eight pond sites, survey for those eight pond sites. And the reason we're doing this proj ect now instead of as planned in 2010 -- 2009/'10, is to allocate the right-of-way. We're doing the design in-house to allocate this right-of-way and reserve it before these developments that are occurring and these houses that are being built, and it would cost us a lot more in the future if we do it. CHAIRMAN HALAS: A question I have is the 300 feet. Is that -- you're looking 300 foot out of the -- besides the right-of-way, the real right-of-way that you need for the road? MR. AHMAD: Including the existing right-of-way, they will do 300-feet slots for the entire length. There is actually a half-a-mile section within that that they will do 350 feet. CHAIRMAN HALAS: Okay. Next question is, are you looking at -- when you say the projection of the Randall Road (sic) is this from Oil Well Road -- or excuse me -- Immokalee Road and then following Randall Road and eventually intersecting at Oil Well Road? MR. AHMAD: It's the existing Randall Boulevard all the way to DeSoto, the survey of that existing roadway, including -- CHAIRMAN HALAS: Okay. MR. AHMAD: -- the 300 feet on each -- for the corridor. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: First I want to thank you and Page 62 February 28, 2006 staff for taking a proactive stance on this. As the commission is well aware, we have a meltdown out in that particular area with the growth that we're experiencing and the lack of roads. The next thing is, I want to know why it was pulled from the agenda. Did staff pull it? MR. MUDD: Yes, sir. I was -- I was notified by our purchasing director that they're -- that I needed to notify the board that the purchasing department will be making some minor changes to the contract from how it presently reads, but that none of these changes will affect the total contract dollar amount, the scope of services to be performed, or the time schedule for completion. And if the board had any questions on that particular statement, that I would make sure that staff was here so that you could ask -- get answers to those particular questions. COMMISSIONER COLETTA: I appreciate that, and I'd like to make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. There's been a motion by Commissioner Coletta, and seconded by Commissioner Fiala to approve this. Commissioner Coyle? COMMISSIONER COYLE: You know, I had raised a question about the dollar amount of this project. It seemed to me to be an exorbitant amount of money for a survey job. But with the addition of stormwater retention ponds and things of that nature, I can understand how it can get a little bit more complicated. But I am concerned about, how does the scope of work of the survey interface with all of the money we spent a couple of years ago establishing benchmark data out in that area for the FEMA flood maps. And I'm wondering if that has been taken into consideration and to what degree has it been taken into consideration? MR. AHMAD: I don't have an answer to that. Maybe Mr. Feder Page 63 February 28, 2006 would -- would you like to add? MR. FEDER: Yes. Commissioner, that other effort gives us a very good starting point for a lot of the survey work, but the work here is actually surveying the eventual improvement. That gives you your benchmarks to help your survey start from. In addition to what you heard so far, you are also doing a lot of pot-holing out there to make sure we don't have any muck or wet soil conditions to deal with. Additionally, they're doing an aerial flight of the aerial so we have good specifics. Commissioner Halas had asked us, the Chairman had asked us about connection up to Oil Well, and yes, we do intend to -- while this is looking at the full Randall corridor, basically 100- foot corridor, 100 feet on each side to see all of our options to at least impact, but to preserve that corridor, we're also trying to work with Big Cypress CDD to establish a diagonal that will get it up to Oil Well. And the concern is that we need to protect Randall as a continuation of Immokalee since we know that we're restricted to four lanes with a lot of local application, at schools and the like, on Oil Well from Everglades over to Immokalee. But there are some other features in here, pot-holing, the flight, as well as the detailed survey work. And yes, it does take advantage of what's been set out there for monuments and -- CHAIRMAN HALAS: Okay. So you're convinced that $589,000 is a reasonable price? MR. FEDER: Yes. Actually with what we're getting in surveys, even for smaller projects right now, it's a unit cost, it's a good price, and overall for what we're asking. And, again, what we're trying to do is a design in-house to get it through to the right-of-way phase so that we can then create setbacks. We've got a couple of commercial at the corner coming in, and we're also trying to look at the intersection of Randall and Page 64 February 28, 2006 Immokalee as part of this project as well. COMMISSIONER COYLE: Okay. I just want you to take note that George Washington surveyed a major part of the State of Virginia for less than $25,000. MR. FEDER: And I wish I had him working today. COMMISSIONER COYLE: Yeah, at those prices. MR. FEDER: At those prices. CHAIRMAN HALAS: Where are you, George, now that we need you? Is there any other discussion before I call the question? If not, I'll call the question on this. The motion was made by Commissioner Coletta, seconded by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. Item #10A AN AGREEMENT FOR SALE AND PURCHASE WITH CDC LAND INVESTMENTS, INC., FOR 47.93 ACRES UNDER CONSERV ATION- APPROVED MR. MUDD: Commissioner, this brings us to our time certain item, which is lOA. It's a recommendation to approve an agreement for sale and purchase with Collier Development Corporation, now known as CDC Land Investments, Inc., for 47.93 acres under the Page 65 February 28, 2006 Conservation Collier Land Acquisition Program at a cost not to exceed $2,106,400. And Ms. Alex Sulecki, your manager for the Conservation Collier program, will present. MS. SULECKI: Good morning. And, again, for the record, Alexandra Sulecki, coordinator for Conservation Collier program. And I'll just note that I have in the room this morning, concerned also with this item, our staff members from real estate services, Assistant County Attorney Mike Pettit; Mr. Pat Utter, who's a representative for CDC; Mike Bower, who's the manager of Natural Resources for the City Naples; and some other interested parties who may want to speak to you on this. I'm here to answer questions for you this morning. Any questions? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, I had some questions and called the real estate service, and Nancy Earp (phonetic) was very helpful to walk me through the property and that. But I did receive a call from the property owner. Somebody in our staff must have told them that I had questions about it. I can in the future just contact the property owner if that's what I should be doing. I thought it was appropriate to ask questions from staff. Maybe I should just contact the property owner in the future? CHAIRMAN HALAS: And the question is? COMMISSIONER HENNING: Well, it isn't a question. I just -- if I have a question of staff, I didn't -- I didn't know it was going to be sounding through the community that I asked a question. But again, Ms. Earp was very, very helpful. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. My question has to do with access. I'm a little bit concerned about the lack of public access Page 66 February 28, 2006 and how the paths tie together. Couldn't these paths be opened up so they would be able to accommodate people with a disability and also people on bicycles so it would be tied into the county system for people to be able to reach this by bike from some distant point? I think it's wonderful to have a strolling pathway that goes through the woods. To those people that are physically able to be able to take advantage of it, that's wonderful. We always have people that ride bicycles that would love to be able to recreate here. And we certainly have people that are disabled that would also like to have wheelchair access. MS. SULECKI: Well, this parcel is kind of a connector piece in the idea of the Gordon River Greenway. And so while there may be some access difficulties directly to the parcel, the concept is to bring the pathways down through the area through the uplands from the parcel to the north, which is the Fleischmann number two parcel, so -- COMMISSIONER COLETTA: But the pathways aren't-- they're not a hard surface. They're just -- they're just going to be mulch; is that correct? MS. SULECKI: Well, mostly, I think, through this area, we would plan on boardwalks, and those certainly can be built to accom -- and they would be built to accommodate disabled persons. COMMISSIONER COLETTA: But how about bike paths, too? Is there some way the people from the outside could access this through the county system? I mean, we're trying to network things, we're trying to find alternate means of transportation, and I hope that we're forward thinking enough to include this in those plans. MS. SULECKI: Well, I'm sure that we are. Commissioner, I know that we have to take it one step at a time, and the acquisition is really the first step. So we haven't made our final plans for access or where things are going to go. We wanted to take this step forward. COMMISSIONER COLETTA: Please, as you move forward Page 67 February 28, 2006 towards that access, please keep these -- those thoughts in mind. MS. SULECKI: We do, we do. COMMISSIONER COLETTA: Thank you so much. MS. SULECKI: Thank you. CHAIRMAN HALAS: I have some concerns also in the same line that Commissioner Coletta had, and that is the idea of people who are handicapped that are in wheelchairs. And I think that we need to have interconnectivity with the other parcels that we're buying and acquiring through that whole area so that not only do we take into consideration people who are handicapped, but also as Commissioner Coletta said, in regards to bike paths. The other concern I have is bathroom facilities. Are we going to have bathroom facilities that are going to be located near or adjacent to the -- these paths as they go through? MS. SULECKI: Well, we've certainly not gotten to that planning point yet. I don't know if we would have bathroom facilities on this particular parcel or not. It might be more of a pass-through parcel. It's a connector for the Gordon River Greenway so it would go through it. CHAIRMAN HALAS: Okay. Well, I just hope that you would take that into consideration when we start to develop this piece of property . MS. SULECKI: We will, sir. CHAIRMAN HALAS: It's very important. MS. SULECKI: Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I personally like this parcel, and I'm glad that we're pursuing it. One of the reasons, of course, is we can keep the exotics removed from this parcel. I think it needs maintenance and continual maintenance, and that's, of course, part of the Conservation Collier project, is to continually maintain them. Page 68 February 28, 2006 And as part of the greenway, from what I understand with all greenways, they have -- they're for non-motorized vehicles, but bikes are certainly part of that equation. So I think we should move forward with it, quite frankly. I like the idea, and so I'd like to make a motion to approve. COMMISSIONER HENNING: I'll second it. CHAIRMAN HALAS: Okay. MS. FILSON: I have three speakers. CHAIRMAN HALAS: I believe we have three speakers on this, public speakers, if you'd -- MS. FILSON: The first speaker is Nicole Ryan. MS. RYAN: I'll waive. MS. FILSON: Nancy Payton. MS. PAYTON: I'll waive as well. MS. FILSON: And Pat Carroll. MS. CARROLL: For the record, my name is Pat Carroll, and I'm here as chairman of the Southwest Land Preservation Trust spearheading the Gordon River Greenway project. And there is very exciting. This is a piece of property that definitely is the last little piece of the puzzle for the Gordon River Greenway. And you have great questions regarding the type of use of the pathway. And the main goal of the land trust right now is to work with all parties involved, the city, the county, and all parties involved, to develop a consistent cross section, so that as this pathway crosses jurisdictional boundaries, it will remain the same. And right now, we're working on a minimum of a 12-foot-wide pathway, maybe 14 feet wide. That, with the design standard, is sufficient to support both the pedestrians and cyclists. And this particular piece of property will be accessed by one of the main connections to Goodlette Road. And we have, you know, other easements drawn up, we're working with the property owners, Page 69 February 28, 2006 and that will have a direct connection to Goodlette Road. And then at that point the bridge crossing the river, again, is right in that area, and that bridge will be handicapped accessible. So this is absolutely marvelous, and I do encourage your support. Thank you. CHAIRMAN HALAS: Okay. Any other -- that's the last public speaker? MS. FILSON: Yes, sir. CHAIRMAN HALAS: Okay. Is there any other discussion before I call the question? (No response.) CHAIRMAN HALAS: Okay. Motion was made by Commissioner Fiala, and seconded by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Unanimous. MS. CARROLL: Thank you very much. Item #llA PUBLIC COMMENTS ON GENERAL TOPICS: JAMES CUSICK - RIVERA GOLF COURSE ZONING ISSUES MR. MUDD: Commissioner, that brings us to the next item on the agenda, which is public comments on general topics. If you want to wait till the meeting's over to do that, or would you like to do it Page 70 February 28, 2006 now? CHAIRMAN HALAS: Why don't we go ahead and continue it. COMMISSIONER COLETTA: Point of order? CHAIRMAN HALAS: Yeah. COMMISSIONER COLETTA: We generally bring it in at the end of the meeting, and if there's someone that has public comments that's prepared to come at the end of the meeting, I would ask that it be opened up again at that time. I would strongly suggest that we wait. CHAIRMAN HALAS: Okay. MR. MUDD: Commissioner, that basically satisfies the agenda for this morning, and this afternoon at one clock we will start with the Board of Zoning Appeals and advertised public hearings. CHAIRMAN HALAS: Is there one right now that-- MS. FILSON: Yes, sir. I do have one public speak, Mr. James Cusick. CHAIRMAN HALAS: Okay. Why don't we take that one, and then later on if there's another person, we'll re-open it up again. Okay. COMMISSIONER COLETTA: Sounds fine. MR. CUSICK: Thank you. CHAIRMAN HALAS: Thank you, sir. MR. CUSICK: James Cusick, and I've been a resident, a taxpayer, since 1996. I lived in Windsor Place in Berkshire Lakes. I've got two questions. One, could the commissioners issue a statement that the Riviera golf course is presently zoned correctively (sic) and into perpetuity? That's the first question. You understand it? Second, if you can't issue that statement, why can't you, please, tell us? That's all. COMMISSIONER HENNING: I think the county attorney can answer that question. Page 71 February 28, 2006 MR. WEIGEL: Thank you. Mr. Cusick, your question is, can the Board of County Commissioners make a declaration that the Riviera Colony Golf Course zoned as it is in perpetuity. Well, the Board of County Commissioners, as any local government with zoning and regulatory powers, has to receive petitions from landowners as they are submitted, and they work their way through the process, or in a position to come to the Board of County Commissioners. So it's inappropriate for this Board of County Commissioners to prejudge anything unless it comes to it through the official channel of a petition asking for them to make a change. It would appear in the current information that is available that it will be some time, if at all, that the question should come to the board. When and if it does comes to the board, it will have been reviewed by county staff pertinent to the development issues and zoning issues that may have been a part of its application. It will also be reviewed by the planning commission, the Collier County Planning Commission, with comments and recommendations for the board to consider. That's if and when it does come to the board at some point in the future. But they do not have the authority and it would be inappropriate, and would advise them legally inappropriate, for them to make any statement as a board relating to that property at the present time. MR. CUSICK: It would be wrong to confirm that the zoning is correct? It's wrong to confirm that? This is the hottest item that I've seen since I've been here, since Foxfire and Stadium Naples. MR. WEIGEL: Well, the answer is, it is -- MR. CUSICK: It's wrong? MR. WEIGEL: It is inappropriate for them to make any statement about the current zoning of the property. The zoning is what the zoning is. And if a question comes to them to consider a change in the zoning, when it comes to them sitting as a board, they Page 72 February 28, 2006 will have the opportunity to have a full hearing and listen to the public as well as the petitioner, staff, and the recommendations that come from the planning commission, environmental groups, anyone else that wishes to be involved at that point in time they, as a board, would make a statement. MR. CUSICK: Thank you very much. CHAIRMAN HALAS: Okay. Thank you very much, sir. MS. FILSON: That was your final public speaker. CHAIRMAN HALAS: Okay. If there's no other business until one clock, we're adjourned till one p.m. (A luncheon recess was had.) CHAIRMAN HALAS: Good afternoon, ladies and gentlemen. Collier County Board of County Commissioners is back in session from a lunch break, and I believe we're starting with agenda item 7 A. Item #7 A RESOLUTION OF DENIAL #2006-47 TO BE PREPARED BY THE COUNTY ATTORNEY'S OFFICE: PETITION CU-2004-AR-5439, KEENE ENGINEERING REQUESTING A CONTINUAL USE OF THE E ESTATES DISTRICT FOR EARTH MINING MR. MUDD: Yes, sir, and that's Board of Zoning Appeals, first item is 7 A. This item was continued from the February 14, 2006, BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition CU-2004-AR-5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering requesting a continual use of the E Estates district for earth mining per Table 2, Section 2.04.03 of the land development code. The property's located between 54th Avenue Northeast and 56th Page 73 February 28, 2006 Avenue Northeast, Golden Gate Estates Unit 45, in Section 4, Township 48 south, Range 28 east, Collier County, Florida. And this was a companion to variance 2004-AR-5438, which the board approved at their last meeting. CHAIRMAN HALAS: Thank you very much. All those that are going to be speaking on this item, would you please stand and raise your right hand to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Disclosures from our county commissioners, starting with Fred Coyle? COMMISSIONER COYLE: Well, the only disclosure I have for this item is the fact that we've heard this once before at a prior meeting, so whatever was said then I'm disclosing. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I met with staff, met with Don Jolly, Cormac Giblin, Patrick White, I also went out to the site, as was suggested at the last meeting, and I have some pictures I'll share with you later. CHAIRMAN HALAS: Okay. Myself, I have nothing to disclose other than I've talked to the staff and then, of course, the last meeting that we had here. Commissioner Fiala? COMMISSIONER FIALA: Thank you. Yes, the last meeting also, I've spoken with staff, and I've spoken with Pat White. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: I spoke to Mr. Don Jolly. CHAIRMAN HALAS: Okay. Proceed, sir. MR. WHITE: Good afternoon. Mr. Chairman, Commissioners, Pat White with the law firm of Porter, Wright, Morris and Arthur, representing Brad and Darryl Damico, the landowners on today's conditional use application. The subject property's a 44-acre combination of 16 parcels, some Page 74 February 28, 2006 of which are non-conforming in that they're smaller than your estate-sized lots. We appreciate first off the opportunity to appear before you today at the continued hearing so we can provide you with additional information in support of the request. I've had extensive discussions with everyone on your staff, I believe, that's pertinent, including the County Attorney's Office, the planner, your engineering folks, Cormac Giblin, who's not available today, in housing, other folks in engineering, in an effort to try to address what the board raised as its specific concerns at the last meeting. One of the issues that I believe was raised was a concern about code enforcement. I went back and investigated that. There was, in fact, a code enforcement complaint filed. A violation was investigated, and the matter was closed in probably a little over a month. That involved a slope bank being too steep, and that was addressed by the excavator, Mr. Jolly, in a timely manner. Additionally, I think one of the board's concerns was about what I will call excess excavation as opposed to over excavation. When you look in the code of laws, it seems to be very precise that an over excavation refers to going too deep, below what the permits or the regulations allow. In this case, that is not what has happened, but there admittedly has been an excess of materials removed, looking simply at the idea of going too far horizontally beyond what the excavation permits authorize. Your code does allow some elasticity in that manner, up to 20 percent, and a maximum of 50,000 cubic yards. Certainly there was no request for that to take place here, but there is some degree of flexibility for the permits that are issued. And I mention that because similarly the code of laws doesn't set forth any precise penalty for an excess or other type of over excavation. So what we've worked with your staff on, are to try to find ways Page 75 February 28, 2006 to address those concerns that the board expressed about an excess excavation and, perhaps, more importantly, to talk about, with your staff, what the concerns were in terms of being able to make some way of getting things properly situated with the county in terms of affordable housing. We investigated a number of different types of regulatory schemes that the board has either adopted as its own rules, for example, out in the rural village where there's a range of affordable housing units that are expected to be added in as a percentage of what's developed, under those rules, which are at typically higher densities than this project will be if approved. The percentage that's looked at is somewhere between six to 10 percent. So we've looked at that number, which, for us, was somewhere around eight percent we were trying to get to, meaning about one of the 12 ultimately platted lots that will be created if this conditional use is approved. That's one of the conditions of the conditional use. So we looked at the rural village rules, we looked back, Cormac and I, to the prior rules. Although never adopted, there was some direction that had been considered in terms of -- I don't want to say inclusionary zoning -- but certainly part of the workforce regulations that have been contemplated and similarly, what was contemplated, to some degree, as part of gap housing. So what we've been trying to do is to find a way to stay reasonably close to where the board either expressly, or to the extent that the staff has brought forward ideas, we were in that rough range. We looked at that in combination with the idea that, how would we make sure this wouldn't occur again? You'll probably recall that in January of this year, your staff brought before you, and you approved, extensive revisions to your code of laws pertaining to excavation regulations. In some of those there are specific limits to 20 feet in depth in the Estates zoning district, which is where we are with this proj ect. Page 76 February 28, 2006 So we believe that if the conditional use is approved today, based upon what we're going to offer to the county, that there is every expectation that the excavation activities that will be authorized by the permit that will have to be obtained after this conditional use, if it's granted, would be a way to ensure that the restoration activities that are needed in order to get to the place where they could build their site plan that you've all seen as part of this application, that's the way that we would do that. And we would look to keep that on a fairly tight time line with milestones that would be imposed as part of that excavation permit. They're not specifically part of this conditional use set of conditions, but rather something that your staff would look at to ensure would occur when the subsequent excavation permits were sought. So I think that that's one way to make sure that we're going to actually get to the place where you'll end up with a plat before you that will have 12 lots that either meet or exceed the area requirements for an Estates-sized lot. Turning back to the affordable housing issues, in looking to balance those concerns with those that the board expressed about the excess excavation, what we're prepared to do, in order to make things right with the county, is to offer a voluntary contribution in the form of a donation to your affordable housing trust fund. And before I tell what you the amount is, I want to tell you why, out of all the alternatives we considered, that is the one we're offering. Simply stated, if there were a more precise program that we, today, could have told you we were going to enter into, I believe my clients would have requested and sought to do so. My recommendation to them is an alternative. In order to have the board able to, through its subsequent actions, as it comes forward in how it's going to utilize some of the monies that have already been donated as voluntary contributions for residential and other types of Page 77 February 28, 2006 construction, we want to be able to give you that maximum degree of flexibility by essentially putting these funds into a trust fund, which my understanding is the creation of an account for is imminent, so there will be an actual depository for those funds that would be held by the clerk's office, so that when the board comes to the place where it's made some policy determinations and given your staff some direction on how it programmatically wants to utilize those funds, you'll be able to do so. We're not suggesting how you should prioritize those, but we're recognizing that it gives you the flexibility to be able to pick between which of those programs you may ultimately implement. And the only thing that we would say as part of the proffer to a donation to that trust fund is that when you ultimately enact those regulations, that we would be entitled to a credit for what we've paid. If whatever you ultimately impose is a higher standard, at that point in time that, you know, we're required to, we'll meet that. If we're in excess of that, that's okay. Those monies are still going to remain in your trust fund and be utilized as you will direct your staff to do so. At this point, I think -- most of what I think you're going to hear after is from your staff. And the only thing probably left from me is to tell you that -- the amount of that contribution and the timing. The timing is anticipated to be actually a payment at building permit application, and the reasoning for that is that we believe in the discussion with your staff, that is the simplest bright line point in time on the development cycle time line for them to track the actual commitments being kept and to, you know, most easily control whether or not any additional development approvals are going to be forthcoming from the county. So with that said, the dollar amount per lot or unit is 10,000 so that there would be a total of 120,000 that would be paid in the increments of 10,000 based upon when the building permits were applied for. Page 78 February 28, 2006 And I believe that that hopefully will address what concerns were that were expressed. If you have any questions at this time that I can answer, I'd be happy to attempt to address them for you. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: I'll be honest with you. I'm going to wait till after staffs presentation, so you can put me on hold. CHAIRMAN HALAS: Oh, okay. Commissioner Henning? COMMISSIONER HENNING: Mr. White, your discussion about the donation of affordable housing and the time frame and when the board approves something that is legal is really putting me in my comfort zone on that whole issue, and hopefully we can get to a time when we can create that rational nexus between workforce housing needs and new housing, so I appreciate that. MR. WHITE: Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. Wasn't this amount to be put into that account really kind of like to overcome the fact that the law wasn't -- I'm trying to say this so nicely. COMMISSIONER COYLE: Violated is a good word. COMMISSIONER FIALA: That there were some infractions with the law, and this was kind of a way, like a fine, more or less, right? MR. WHITE: I think that's a fair statement. It is certainly something that I discussed not only with my clients, but Mr. Jolly as well. COMMISSIONER FIALA: Well, I would think then that if, indeed, it is a fine, maybe it should be paid up front, because, you know, to charge people who buy a house the $10,000 extra to payoff this fine is not doing anything to make the owner responsible for these infractions. MR. WHITE: I think that's certainly something that I could ask my clients to consider. I would look for some direction, perhaps, from Page 79 February 28, 2006 the board as to a point in time that -- or an event in time so that we'd have some way of both the county staff knowing and my clients knowing when that type of an obligation would have to be met. Just kind of off the top of my head, some of the points that precede building permit application on the development cycle timeline, looking to try to align this with, you know, the county's processes, we certainly come in for a plat at some point before those building permits, and perhaps that's one point of entry. As you know, that's a condition of approval of the conditional use is that we must come in and replat, so -- COMMISSIONER FIALA: Well, my point was, I'm hoping that we don't ever see him continuing the practice as he's done before. And by having to pay the fine up front now to continue on excavating would probably embed it in his head that I don't want to do that anymore. Look how much it's cost me this time. MR. WHITE: I understand, Commissioner. And certainly that's something, again, I'll hopefully look for some direction from the board on as to a precise point. But I just try to say that -- COMMISSIONER FIALA: Yeah. That's only my suggestion. I don't know if my fellow board members would even agree with it. MR. WHITE: Well, it's probably important to just note that there this is a combination of concerns that we've tried to address. And as I'd indicated, even the code of laws provisions that talk about over or excess excavations are ones that give the authority to the board, essentially, to, by resolution, kind of impose those types of fines or restitution, if you want to characterize them as that. But it is something certainly I'd be willing to talk to my clients about. And if the board wants to give direction in that regard, I would simply ask for a couple of minutes to confer with them, so -- it probably shouldn't take even that long, but -- CHAIRMAN HALAS: My question is, what happens if we just give you the directions just to go ahead and dig out all you can Page 80 February 28, 2006 because of the shortness of fill that we have in Collier County and forget about the building sites there? MR. WHITE: Well, the only limitation, Mr. Chairman, would be to the extent that the board two weeks ago approved the variance. The nature of that variance was to go beyond the regulation that limited it to 50 percent of effectively parcel area that you could excavate. That variance brought it up to just over 57 percent. So I don't know what the actual number would be to be able to excavate that far, but our feeling at this point I think is that what is imposed as the conditions in the conditional use are reasonable. If the county at some point in time is going to revise its regulations and allow for that to occur, that may be something that is possible for other property owners, but it wouldn't seem to be something that's kind of fit in amongst the variance that's been granted and the request for conditional use before you today. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Let's try to put this in a little bit of perspective. Just to review some background that Mr. White has brought up, this excavation permit was to expire in 2002; in fact, did expire in 2002. And according to the staffs statement, it has continuously operated at these two sites, so we're roughly four years beyond the expiration date. Question number one, how much fill was removed and what was the profit on that fill over those four years? Number two, the operator excavated almost 30 percent more than is permitted by law. How much profit was made by excavating more than was required (sic) by law? And now we're told that $120,000 will solve all that problem. And, in fact, you don't have to solve that problem. The Board of County Commissioners solved that problem last time by voting to let you get away with that, which is unfortunate. Page 81 February 28, 2006 But now you're going to propose building, I'm sure, some very expensive homes there, and what is the profit margin on that? The $120,000 you're talking about, in my opinion, is chump change. I can't imagine why anybody would vote to reward someone for such flagrant violations of the law. It makes no sense to me. But I think I'm going to be outvoted here. I just want to put this in perspective so that we understand what is really going on. You get a permit, you mine it until you get tired of mining it, you mine beyond what the law requires or permits, then you get an excuse for doing that, and now you build expensive homes around a wonderful big lake that you've created, and you try to pretend that $120,000 is going to make it all up? I'm not buying it. MR. WHITE: I'm not sure, Mr. Chairman, whether you want me to try to respond to some of Commissioner Coyle's comments and questions or not, but if you would, I'd be happy to try to address them. CHAIRMAN HALAS: Okay. MR. WHITE: I don't know the answers, obviously, as to how much or dollars of profit, but I understand your point, and I can assure you that in stark terms, through my discussion, not so much with the landowners but with the excavator, we've had a -- an understanding. And if you need him to appear before you, he can make those statements on the record. But suffice it to say that one of the reasons that the county itself revised its regulations is, in fact, to reflect more current practices where there's a tighter cycle of on-site inspections. And so my point earlier was that, have we taken the steps that are appropriate to ensure that this does not happen again and to balance, not so much rewarding the individual whose done this, but rather to not penalize the landowners who arguably aren't in the business of mining or monitoring the permit and its activity. One of the two permits that you mentioned did, in fact, expire. Page 82 February 28, 2006 The other has, essentially, an infinite life, but it's admitted quite openly today before you that there was an excess amount of excavation that, in fact, your staff may tell you is higher than the percentage that you mentioned. And in looking as to the variance, although it will cure the regulatory problem with the percentage limit, it does not authorize the actual use which the conditional use does. And your staffhas, I think, protected the board very carefully by making sure that the variance is conditioned upon the conditional use, to some extent, and the conditional use is conditioned upon approval of the variance. So you have a set of interlocking board approvals that I think are intended to act in concert to ensure that nothing like this could ever occur agaIn. And I'll just sum up by saying that to the extent that it has occurred, in my direct one-on-one conversations, it's been made very clear on how we're going to proceed as part of the excavation permit so that there'll be significant milestones to ensure that there will be a remediation of the site before there's any removal of fill from the site so that all of the activities will be directed towards bringing this into compliance for what ultimately will be the plat request before any further profit-making venture is possible. So I hope that will, at least in part, answer your questions and concerns. COMMISSIONER COYLE: Well, actually, the executive summary that we received says that the two permits -- the first one was to expire on August 29, 2002, and the other expiration date was for March 10, 2002. So I see nothing in this executive summary that indicates that either permit had essentially endless life or no expiration date. MR. WHITE: I'd simply ask -- and I haven't had the time to investigate those details. But my statement to you is based upon your staffs comment to me. And when they're before you, perhaps, they'll Page 83 February 28, 2006 be able to give you an update. It's possible the executive summary may not be correct. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Stan, could you come up for a moment, please, for a moment? MR. WHITE: Are you done with us? COMMISSIONER COLETTA: Well, there may be some other questions later. MR. CHRZANOWSKI: Yes, sir. COMMISSIONER COLETTA: This issue of the permit and being in violation of it, could you address that as to how this all comes together? MR. CHRZANOWSKI: Yes, sir. Stan Chrzanowski with Engineering Review. The petitioner had two permits, one -- because at the time we had a limit on the amount of yardage -- on the amount of acreage you could dig in excavation on the Estates, but we didn't really address the fact that you could buy two contiguous 20-acre parcels and dig on both of them right next to each other. The earlier permit was a normal excavation permit. It just gets renewed year to year. It expires, but you can renew it every year. If I could put something on the visualizer. I don't know how well you remember what you saw last week of the limits of his excavation, but if you look at the bottom left-hand corner just under that arrow that disappeared out of sight, you'll see the appraiser's date on that aerial photograph is 2002. I keep hearing that he's done all kind of work since 2002, but that's roughly the limits of the excavation that have been out there for the last three or four years. That little lake in the middle is a dewatering area, and the other two lakes were the two excavation permits that he got carried away with. The one, the earlier permit, the first one, like I say, is Page 84 February 28, 2006 renewable year to year. But then we added something putting a lifetime on permits in the Estates because we wanted them to finish them up. We didn't want them running forever. There's a lot of history. I guess I'll wait till I make my presentation before I keep talking. Does that answer your question? COMMISSIONER COLETTA: I'm not through, if I may. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Mr. Mudd, if you'd be so kind, I'd like to have you put the first photo up I gave you. And you've just seen the one from 2003. This is 2005 from the web -- I got this right off the -- last night off the appraiser's website. There's a slight difference in the whole lake configuration, but it's very slight. Over in the biggest lake there, down in the lower left-hand corner, there were some little sand islands in there that are removed. I kept going back and forth, back and forth looking for a difference, and I wasted a lot of time. Other than that, there was none. But I'm glad you got to see the picture before. Would you go to the next picture, please? Now, these pictures here, it's quite -- what's amazing about this is it was taken with my camera phone, and I never thought they'd come out quite as clear as this. Here you can see one of those dividers in the lake that's in there. Go to the next one, Mr. Mudd. That's a little clearer. Now, here's a better view of it, and you can see the divider going across, and you're looking at the waterways on each end. Now, I'll tell you the way I look at this, that if we kept it the way it was and we left these dividers in the lake as is, what's going to happen, eventually they're going to grow -- be overgrown with exotics, the Brazilian pepper, and they're going to be a distraction for what it is. Would you go to the next picture, please? What you're looking at is a view from a property where they're building a house that's not on the lake but it's a lake view that the Page 85 February 28, 2006 people that are around the lake will be able to enjoy as time goes along. And this is one of my concerns is the fact that if we ever allow them to dig this lake out shore to shore, this is one of the concerns the civic association had, and they addressed it in master plans in the past, was that if you don't have homesites on these lakes, who's going to take care of them? What reason would they want to take care of them to maintain the beauty of them to be able to keep the exotics off, to keep the brush cleared, and to be able to make sure the fences are maintained in an orderly fashion? And that's why the Golden Gate Estates Civic Association and the master plan had supported that each lot, where they did excavation, there had to be a site, even some of the smaller sites, but at least one home to be able to be in place. And I don't want us to ever get to the point where we say, go ahead and do it border to border, because what you're going to leave is a large lake, and who's going to maintain it in the future? CHAIRMAN HALAS: The property owner; he owns the lake. COMMISSIONER COLETTA: Yeah, good luck, kid. Who's going to come and maintain a lake if there isn't a property on it, if they don't have a house on it? I don't think they will. Go to the next picture, please. This is a view, too, of the fence that they have to maintain. Now, I think that's part of the code. And I assume that when this is done, they'll have to still maintain a fence because a lake probably of this nature would be an attractive nuisance for young kids in the neighborhood. Go back to the first picture, the one showing the waterways and all that. Now, there's a couple of things that we've got to realize, the plus points of lakes of this magnitude. One, where you've got lakes, you don't have houses. This takes the place of numerous houses. Also, this has a -- this is a vessel to be able to contain a lot of the Page 86 February 28, 2006 runoff from the north and also hold it. And I -- correct me if I'm wrong on this, Stan, but I believe that if the sand holding water -- and if you just have a water -- body of water, it's 40 times the volume as it would be in sand; is that what it is? MR. CHRZANOWSKI: Maybe 40 percent more. Sand, I might guess, has a void ratio of about maybe a third. So a third of the volume of totally saturated sand would be water. So if you take that, you've maybe got three times as much, yeah. COMMISSIONER COLETTA: To be able to help with the Tamiami Aquifer and everything, it's better to have lakes of a magnitude of enough capacity to be able to hold the water and release it slowly? MR. CHRZANOWSKI: It's more recharges. It's why we make people build lakes, so that you hold the water on site and release it slowly. COMMISSIONER COLETTA: And that's one of the reasons why I think they're heading in the right direction with it. I can see this as a plus to be able to remove the berms. I definitely see it as a plus to remain the -- keep the remaining house sites where they are. Am I concerned about the profit motive? You bet. I'm concerned in the fact that if they're not making a profit, what are they up to? You know, I'll be honest with you, if there isn't a profit motive when you're dealing with land uses, then they're up to something, or they're telling you something less than the truth. Thank you. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Thanks. The whole issue about the affordable housing question, Commissioner Coletta, correct me if I'm wrong, I think it's pretty much a standard question, what are you going to do about affordable housing? And in this case, I don't remember your questioning as part of the fine for -- COMMISSIONER COLETTA: No, I -- Page 87 February 28, 2006 COMMISSIONER HENNING: As part of the variance. COMMISSIONER COLETTA: And I'm kind of lost with the fine notion. You know, I hate to put guilt, you know, unless Stan can show us where they did something wrong, on them. If they're making a donation of this magnitude -- I mean, I don't know of anyone that's ever come across with $10,000 per unit. CHAIRMAN HALAS: They violated the law. COMMISSIONER HENNING: But that was -- when Commissioner Coletta brought it up -- that's the point -- it had nothing to do with the violation or the variance. It kind of had to do with the houses that were going to be put on there, just like anybody else who's going to put housing on it, you always ask, okay, what are you going to do about affordable housing? And the resolution is what Mr. White said. So the biggest point about the conditional use is, Mr. Stan Chrzanowski stated is, how do you fix it? And I think the conditional use of what you're recommending is how to fix the problem with it. And I just -- we're really stuck on the action that we did last meeting, and this is -- this is an action of a conditional use, of fixing a problem. So I hope that we can get beyond that and deal with the -- COMMISSIONER COLETTA: I hope so, too; I do, too. COMMISSIONER HENNING: -- the conditional use instead of the variance. MR. WHITE: I misstated earlier when I said there were 16 parcels. There may be 16 parcels, but there was the possibility, I believe, that 20 single-family homes could have been built. We're reducing that 40 percent down to 12. And if you want to, look at that voluntary contribution we're prepared to make in light of prior residential unit contributions from other folks, and that being just roughly a thousand dollars per unit. I think you could -- and I'm saying this is the case with us, but you could look at it and say that nine-tenths of what we're bringing Page 88 February 28, 2006 forward today is arguably in the nature of, perhaps -- I don't want to call it restitution or a fine, because there, you know, has been no finding of violation per se, but I think you could see it in that proportion. CHAIRMAN HALAS: Do we have a presentation by staff? Any other questions before we go to staff? (No response.) CHAIRMAN HALAS: Please proceed. MR. DeRUNTZ: Good afternoon. My name is Mike DeRuntz. I'm a Principal Planner with the Department of Zoning and Land Development Review. This application is for a conditional use permit for earth mining, which is a -- is identified as a conditional use in the Estates-zoned district. There were no -- there was not a meeting with the EAC. There was a meeting with neighborhood -- a neighborhood information meeting that was held on September 21, 2004. At that time there were no comments or objections that was voiced, but later we -- the staff did receive a petition identifying objections such as traffic, noise, unsightliness, reducing the water table by this excavation. This map that is on the visualizer is the location of those addresses of the petitioners. You can see each of them are on 54th Avenue and -- that's Northeast. And the planning commission took this quite seriously in their deliberations of both the variance and the conditional use permit. And in their action of recommending approval for this conditional use, there was 11 items they added to what staff had recommended. To help with this ameliorating effect of this conditional use, we recommended, as number two, a buffer, type D buffer, separation from right-of-way to the excavation of 50 feet. But the planning commission also incorporated an item which was a time certain item for number 10, which stated that this Page 89 February 28, 2006 conditional use approval shall expire 14 months from the approval date of this petition by the Board Of Zoning Appeals. So there was a time certain for this so that this would not linger on as the excavations -- as the two previous excavation permits that had occurred. They can come back and request an extension, but that would come back to the Board of Zoning Appeals, and it would be up to your approval. And number 11 specifically stated that there'd be a limitation on the time and duration for that excavation that can occur at that location, and they were limiting any use of 54th Avenue Northeast to any truck traffic. Currently all the traffic from this excavation is using 56th Avenue. The staff is -- found that this is compatible to the adjoining properties, and we felt there was several items that -- the engineering staff had identified how this lake would be actually a benefit in that area, and staff and the planning commission tried to identify significant conditions to make this conditional use compatible with the surrounding properties. If there's any questions, I'll be glad to address those. CHAIRMAN HALAS: Commissioner Coyle has one for you. COMMISSIONER COYLE: You just said that the current truck traffic from this excavation project was using 56th Avenue Northeast. MR. DeRUNTZ: Yes, sir. COMMISSIONER COYLE: Why? MR. DeRUNTZ: That is their main entrance. They do have a berm -- COMMISSIONER COYLE: No, no, no, wait a minute, wait a minute. The statement was just said earlier that they really haven't been doing anything out there since 2002. Now, why is there truck traffic? MR. DeRUNTZ: Well, when they had excavation they were Page 90 February 28, 2006 using 56th Avenue N orthest. COMMISSIONER COYLE: When they had? MR. DeRUNTZ: Yes, sir. COMMISSIONER COYLE: There's no trucks then leaving there now, is that -- MR. DeRUNTZ: I'm not aware of that, sir. I haven't been out there recently. But there is a berm across the front of the subject property on 54th Avenue, so the trucks can't leave that -- by that route. COMMISSIONER COYLE: Well, I'm just trying to get at the issue of -- MR. DeRUNTZ: Yes, sir. COMMISSIONER COYLE: -- of the fact that they are, in fact, doing something out there. And they said last time before us they were doing something out there even now. And so the idea that there has been no activity out there since 2002 is simply not true. MR. DeRUNTZ: You're correct, sir. The excavator did state that on the record at the last meeting. COMMISSIONER COYLE: Now, one final question I'd like to clarify. In the executive summary before it is stated that the Collier County Engineering Department has been attempting to bring these excavation permits into compliance over the past three years. Would you please tell us what actions you have actually taken or attempted over the past three years to bring this into compliance and why you are unable to do it? MR. CHRZANOWSKI: Yes, sir, I hope so. First thing we did was we told the excavator that he was -- when we found that he was in violation, we told him that he was in violation. But at the time since the violation was an over excavation of area, we didn't think he should fill it back in. I still don't think that's a good idea. What we did was we sent him to code enforcement. And I know Patrick said there was one code enforcement case, but there still is an Page 91 February 28, 2006 open code enforcement case awaiting the resolution of this issue with John Marsh. And when we turned him in on the code enforcement case, we tried finding a reasonable solution. The solutions was that he come back in for an addition conditional use and then -- for the entire site and to subdivide the site, and then come back in for another excavation permit. Well, our standard procedure involves pre-applications. And at the pre-application, people from different staff departments bring up different issues. It took them a while to resolve some of these issues. People trying to get through the system will find it takes eight months to a year. People -- we have -- we're a bureaucracy. It takes a long time to get some items through our procedures. They have been less than diligent in pursuing this. And if -- I didn't exactly say they weren't doing anything. If you look at the two photographs, you'll see some small differences. They had -- we told them that the most important thing was to get the lake banks dressed up because we considered that to be a physical hazard. They were out there dressing up the lake banks. And like Commissioner Coletta says, if you look you'll see some mounds of earth were removed. There's been stuff moved around. There were a couple of house pads created and filled in that weren't there before. But we don't consider that -- that's work, but we don't consider that the off-site hauling of massive amounts of fill down -- I think he actually brought some fill into this site, or rocks or whatever, and buried them to bring the thing up, which is really the best way to do it when you're dealing with water. It's -- we've been working with him for a few years, and it's just taken us a long time to get this far. COMMISSIONER COYLE: If I were building a house and you found that I was not in compliance, I'd probably be red tagged by code enforcement, wouldn't I? Page 92 February 28, 2006 MR. CHRZANOWSKI: Yes, sir, you would. COMMISSIONER COYLE: Nobody red tagged this project, did they? MR. CHRZANOWSKI: We did shut him down a couple of times, but then we let him go because he was restoring the bank. COMMISSIONER COYLE: Okay. MR. CHRZANOWSKI: If I could make a short presentation. I made a long presentation last time. Just three things I'd like you to remember. This is a very large lake. It will be when the berms are removed. The berms should be removed. There should be no berm down the middle of that lake. That's just not a good idea. Filling the lake in is not a good idea either. It's a waste of fill. We have a very nice large lake here. It doesn't really make any sense to make it any smaller. And as far as the issue of the size of the lakes goes, Commissioner Coletta is right, when this item -- when we first started allowing people to dig out in the Estates, dig lakes in their back yards, the argument was, fill at that time was worth more than the lakes -- than the land was worth, and the argument was, we didn't want people digging out a lake and then leaving a parcel and nobody maintaining it. So the board said, you have to have a house lot on the parcel. Now, there is nothing wrong with digging a lake from setback to setback. We do it all the time as a county, and we do it because we need the fill and we need the retention area for different proj ects that we have. There is some talk about going into the Estates, buying lots and digging them out, setback to setback for retention. We'd also get some of the fill. There's just been talk about this. And the reason that wouldn't be a bad idea is because the county would be there to maintain the lake when it's done. But in this case, Page 93 February 28, 2006 you have homeowners living around this lake. From an engineering point of view, the best thing to do is bring the lake into conformance with code and sell off the lots around the lake to homeowners that are going to maintain it. That's all I have to say. CHAIRMAN HALAS: I have one -- couple of questions before I turn this back over to Commissioner Coletta or -- yeah, Coletta, and that was some of the items that Commissioner Coyle brought up. I find it difficult or somewhat hard to understand that somebody that is in violation, that it takes us four years or so to finally get some type of restitution on this. And I -- I have -- it's very difficult for me to understand why it takes us so long to get the parties involved and make sure that they're back in compliance. It just boggles my mind. And whether we have, as you said, some sort of a bureaucracy, I would think that they have a commitment. They have a responsibility to make sure if they're out of compliance, getting in compliance. And I don't believe that filling the lake in is the way to do it, but I think that we need to have some way of making sure that if somebody is out of compliance and tearing up the environment, that we should be -- some way or another, that we should have something available to us that we can address this particular problem. I just find it very difficult. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I think what we're finding here is that -- I'm sorry. Were you through your presentation, sir? MR. CHRZANOWSKI: Yes, sir. I'm just standing here -- COMMISSIONER COLETTA: Just standing there waiting to see what happens. MR. CHRZANOWSKI: -- to see if there's any questions. COMMISSIONER COLETTA: Yeah. Well, I think what we Page 94 February 28, 2006 have here is, we have circumstances that are prevailing that we should have taken care of before. If it's the land development code that's wrong, then we need to change it so these things can be addressed in the future. Meanwhile, we've got something that's extremely lax. Who do you blame? Staff? Do you blame our LDC? Do you blame the commission for not being a little more forthright in making sure these things are right? Or do you blame the developer that's out there digging the lake within the guidelines that he's receiving from staff? And you heard what staff had to say. What I'm going to submit -- CHAIRMAN HALAS: Well, we didn't give him guidelines to dig over that. COMMISSIONER COLETTA: But the thing was is that there's no mechanism in place to be able to see -- to be able to follow this thing on a day-to-day basis, and they're still allowed to proceed. I guess the whole thing is written loose as anything. Now, let's look at what logic has to say here. We're dealing with a situation, one, we need fill. That's secondary. There's fill out there in different other places, too. Two, we've got an unsightly situation that's not going to go away. If this isn't corrected and they leave -- and I'm sure they've made enough money off it that they could probably pull off and they could still build the houses there. There's nothing to restrict them from that. Those houses there -- am I right? You can still build the houses on those lots? MR. DeRUNTZ: The home pads would have to be created to meet the minimum standard of the land development code. COMMISSIONER COLETTA: Right. But I mean, they wouldn't have to come back to this commission and say, please, can I build these houses. They can build them one per lot line that's there. MR. DeRUNTZ: Yes, sir. Page 95 February 28, 2006 COMMISSIONER COLETTA: So that's not an issue, whether they build the houses. But they can go ahead and just leave everything with the new people that are moving in there and stick them with what the lake's going to look like. I doubt you're going to find somebody coming in there to move out those middle islands. I'm telling you from the people that live out there and from what the master plan said and the civic association in the past, the very best thing to do is to go ahead and approve this and accept that $120,000 as their just due for what they did. That's a lot of money, $120,000 to go to affordable housing, and they're doing it voluntarily. That sort of balances the books both ways, you know. They're admitting the fact that things could be done better, but I think it's our responsibility to make it happen better in the future. And to that -- with that end then, just to get this whole process moving, I'm going to make a motion for approval. I just don't know how to handle some of the items that have to do from the planning commission, whether -- I believe they were all acceptable. And I'm not too sure how you address the item with the donation that's being made. If someone could help me with that. MR. CHRZANOWSKI: Excuse me. I've been asked to remind you one last time that when we found this violation, we had just started our enforcement program on lakes. Before then we didn't have a methodical, systematic approach. We went back through aerial photographs, and then later through the lidar topography. We found some violations, and we've been trying to get them up to date ever since then. We have 950 excavation permits in this county, and probably 3- or 4,000 lakes covered under those permits. We had six violators. This is the second to the last one. We have one more to go, and he's been in the system, I would guess, 18 months, and I really don't know why it's taken him so long, other than our system is complex. You know, condition -- Page 96 February 28, 2006 COMMISSIONER COYLE: Mr. Chairman? MR. SCHMITT: For the record again, Joe Schmitt. That other petition also involves some land use elements around it and a final plat. That's Miller, yeah. COMMISSIONER COLETTA: Can I finish the motion? I'd like to give it a try. CHAIRMAN HALAS: Yep. MR. DeRUNTZ: Excuse me. To assist you in that request, we could add that as one of the conditions, condition number 12, that $10,000 donation per lot be incorporated, and I think Patrick had the language as far as the timing on that that he wanted to -- COMMISSIONER COLETTA: Well, yeah. Let's -- I'm going to have to refer back to Commissioner Henning on it, because he's in agreement that there's no problem accepting a donation, but I don't know how he feels about it being entered in, and I want to make sure that if this motion's going to go forward, it's got a reasonable chance and it's worded in a way that I give comfort to my fellow commISSIoners. MR. BAKER: Commissioner Coletta, Denny Baker, for the record. I've spoken to the clerk's office. They can accept a donation, even though we don't have the program in place. They can accept a donation, put it into a holding account until the program is in place, at which point -- it would be approved by the board, at which point it would be disbursed according to whatever the agreement in the program asks for. COMMISSIONER COLETTA: I'm going to defer to Commissioner Henning on that last part of my motion. COMMISSIONER HENNING: Commissioner, Mr. Baker, I think, said it correctly that -- yeah, it would be held at the Clerk of Court until we figure out how the program is going to work. COMMISSIONER COLETTA: Okay. Then I'll make that part of my motion. Page 97 February 28, 2006 COMMISSIONER FIALA: Well, I'm second your motion if-- the problem I have, I think the donation is in order. I think that's the right thing to do, but when they were saying that they were going to take these donations at the time they were ready to build these homes -- I forget the wording -- not with CO, but when they were getting the permits, that means that they're going to work that into the price of the house so somebody else is going to be paying the fine for them, and they're the ones that were at fault. If you put the fine up front, now I'll second your motion. COMMISSIONER COLETTA: I'll sorry. Put the-- COMMISSIONER FIALA: The $120,000, that's what they plan on donating to us. And if we get that up front to put into this account, then I would second your motion. COMMISSIONER COLETTA: Do you have something to say before I say anything? MR. WHITE: No, go ahead. CHAIRMAN HALAS: Commissioner Coyle's over here. COMMISSIONER COLETTA: Okay. Then I make -- I -- well, I just have to finish the motion, I'm sorry. Okay. Then that's included into my motion. COMMISSIONER FIALA: Okay. And I'll second it. MR. WHITE: And all I'm looking for, so I can advise my clients, because I'm sure the first question they're going to ask me is, when are they required to make that payment, and we either need an event -- and I'd suggested before that when the platting-- COMMISSIONER FIALA: How about walking out the door? MR. WHITE: Let me suggest this. MR. MUDD: Does 1 June sound okay? MR. WHITE: Well, let me make a suggestion. They have to come in and get an excavation permit. And would some definite period of time after that permit is approved be appropriate? COMMISSIONER COLETTA: Well, yeah, because, I mean, Page 98 February 28, 2006 nothing's going to happen, and you want to go and you want to excavate. I would say probably within 30 days. Does that sound like that's realistic? Because it's got to be a short -- MR. WHITE: That's acceptable. COMMISSIONER COLETTA: Because they wouldn't be going through all this. Because they've got a small window of time to work with. They're not going to waste any time, that's for sure. MR. WHITE: Thirty days after excavation permit approval is something I think that, between the staff and -- COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: Yeah. MR. WHITE: -- our firm, we will make sure that that takes place. COMMISSIONER COLETTA: Okay. That's fine with me, for the motion maker and second? COMMISSIONER FIALA: Yes, uh-huh. I'm nodding, but you can't see me. CHAIRMAN HALAS: Commissioner Coyle. I believe then the county attorney had something to state, too. COMMISSIONER COYLE: Okay. What I had to say won't take long. It's primarily to the staff. You've been struggling to explain why it took so long, and, in fact, trying to take some blame for this. You know, when somebody runs a traffic light, you don't blame the policeman for it. It's not your fault. It is the responsibility of the person who's doing the job. I'm unhappy that it took so long for us to get to the point of getting it resolved or inspected, but that doesn't make you responsible for the violation. The responsibility for the violation lies clearly with the person doing the excavating and the landowner. They have those responsibilities. They should know what the laws are and they should abide by them. I just wanted to clear that point up. CHAIRMAN HALAS: Did the county attorney have something Page 99 February 28, 2006 to say? MS. STUDENT -STIRLING: No, sir. Thank you for recognizing me though. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: I do have a question for the county attorney. Since we don't have an ordinance on the boards -- Board of Commissioners fine -- that's what I'm hearing, this is a fine. I know that code enforcement and contractor licensing takes care of those fines. Are we in legal compliance? MS. STUDENT-STIRLING: I think this is being -- I've heard that term discussed, but I think -- and Mr. Weigel may wish to weigh in -- that this is a voluntary contribution for affordable housing purposes. MR. WHITE: And that is, indeed, the case. COMMISSIONER HENNING: Okay. I just get confused when we say fines. COMMISSIONER COLETTA: That was never in the motion. COMMISSIONER FIALA: Yeah, I said it. COMMISSIONER COYLE: Yeah, it was. It was in the second. COMMISSIONER FIALA: It was in the second, but I can change -- I'll change my -- that wording from fines to voluntary contribution. COMMISSIONER COLETTA: I agree. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Are we -- CHAIRMAN HALAS: Do we have any -- COMMISSIONER HENNING: Then the next question, Commissioner -- CHAIRMAN HALAS: Sure. COMMISSIONER HENNING: -- if I may follow up on that, if we put a time line on these donations, it's still a donation? Is my assumption correct? Page 100 February 28, 2006 MR. WEIGEL: Your assumption is correct. MS. STUDENT-STIRLING: Yes. COMMISSIONER HENNING: That's interesting. CHAIRMAN HALAS: Okay. Is there any public speakers on this item? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. So we'll close the public hearing then. Any other further discussion? COMMISSIONER COLETTA: No. Just to remind you of the fact that the only thing that will change is the berms wouldn't get removed out of the middle if we decide to vote against this. CHAIRMAN HALAS: Would you be so kind as to restate your motion or bring your motion up so that we've got a good record of this, because I think we've made a couple of changes? COMMISSIONER COLETTA: Okay. I'll be more than happy to. I think I can recall the whole thing totally. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: I -- my motion is to support what staff recommendations are, what the planning commission has included in here, and the fact that the petitioner will make a voluntary donation to the affordable -- what is that, the -- CHAIRMAN HALAS: Affordable housing. COMMISSIONER COLETTA: Housing land trust fund, is it? MR. MUDD: Trust fund, yes, that's right. MR. BAKER: Trust fund. COMMISSIONER COLETTA: -- within 30 days of the time he receives his permit to proceed with excavation. MS. STUDENT-STIRLING: The amount? I think you need to state the amount. COMMISSIONER COLETTA: Yes, 120,000. MS. STUDENT-STIRLING: Or 10,000 per lot? Page 101 February 28, 2006 COMMISSIONER COLETTA: Well, I think -- yeah. I think the total amount is sufficient rather than dealing with the amount per increment, because, I mean, just so we're there, 120,000. CHAIRMAN HALAS: Okay. MR. MUDD: Yes, sir, but if -- and just if, as Mr. White mentioned before, the density on these lots could be higher than the 12 lots that they're-- COMMISSIONER COLETTA: Okay. And I rephrase that to say 120,000 for 12,000 -- for 12 houses or a-- MR. MUDD: $10,000 per lot. COMMISSIONER COLETTA: -- $10,000 per lot. COMMISSIONER FIALA: Your second agrees. COMMISSIONER COYLE: I have a question. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Because that last change changes the motion. That last change in the motion essentially says you can build more than 12 unit as long as you give another $10,000 for each unit. MR. DeRUNTZ: I would like to assist on that. When it's subdivided, it's going to have to meet the Estates lot area requirements, and that's two-and-a-half acres per lot out there, and so you won't get that total of 20 lots. You'll be looking at 12. COMMISSIONER FIALA: And we included in the motion-- MR. DeRUNTZ: But that -- his mention was the way it was platted previously, it could have been that amount. But when you re- subdivide this property to what the conceptual site plan where each homesite was 150 by 150, the yield, in still meeting the lot area requirement, you would have 12 lots. COMMISSIONER COLETTA: I understand Commissioner Coyle's concern on this, because what's to say they couldn't fill in another part there, and the next thing you know, we have a lake that's surrounded by houses. Page 102 February 28, 2006 So I'm going to limit it to 12 houses and $120,000. They can't have a problem with that, because we've been using the number 12 consistently, and we won't have any inconsistency in finding out that all of a sudden we have 20 houses with seven-and-a-half foot between them from the lot line to lot line. COMMISSIONER FIALA: Which was really -- when you said and all of the conditions, that's one of the conditions from planning commISSIon. COMMISSIONER COLETTA: Oh, it is. That's right. COMMISSIONER FIALA: That's number nine. COMMISSIONER COLETTA: Okay. So that's number nine. It's already covered. COMMISSIONER FIALA: That was part of the motion. CHAIRMAN HALAS: Okay. County Attorney? MS. STUDENT-STIRLING: Thank you. That's what I was going to put on the record, was condition number nine limits it to 12. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Thank you very much, Donna and County Attorney. CHAIRMAN HALAS: Okay. So the end result is that we're going to come up with this and that the only -- the only thing we're doing here is a slap on the hand by us as long as this person comes forward with $120,000; is that correct? COMMISSIONER COLETTA: That's basically it, and they do all the corrective work to approve the aesthetics of the area. CHAIRMAN HALAS: Okay. Are we clear on the motion? Okay. And the second? Okay. COMMISSIONER COYLE: I do have another question. Are they going to be permitted to continue excavating for any purpose other than filling in the pads? COMMISSIONER COLETTA: Yes. COMMISSIONER COYLE: So they can continue excavating Page 103 February 28, 2006 and selling gravel, right? CHAIRMAN HALAS: And taking -- yeah. That's to take out the center portion of the berm. COMMISSIONER COYLE: Okay. I just -- COMMISSIONER COLETTA: No. Get clarification to that, because my understanding is, they've still got some to bring the lake down to the right depth, because you've got a shallow area on one side there. MR. WHITE: Correct. And the commitment and our expect -- CHAIRMAN HALAS: On top of what they've already taken out. COMMISSIONER COYLE: You bet. MR. WHITE: Our commitment and the expectation of what the excavation permit is going to require is that there will be restoration to what is shown in the conceptual site plan. In other words, we'll be recreating the lake, refilling portions of it, so that it will be able to comply with what you saw as the conceptual site plan and that no fill will be removed until that is done. If there's some excess, then this would authorize its removal. But essentially it would have to come into compliance with the regulations and the conditions this board would impose. And I think that that's a key thing in terms of code enforcement. I know when I had the privilege to serve you, that the primary policy objective was to gain compliance, and that's what I've sought to do here with this particular project is to get it into compliance and keep it there so that there's a strong message sent to the community. CHAIRMAN HALAS: But the question that -- one of the things that was brought up were, that we're not going to force the individual to fill the lake in. Now you're telling us that you're going to fill portions of the lake in. MR. WHITE: Yes, Mr. Chairman. If you look at the conceptual site plan, some of the area that has been excavated, in order to come Page 104 February 28, 2006 into compliance, will require that it be backfilled and that the slopes be stabilized. It is not a tremendous amount, but it is some small amount in various places. And I'd be happy to, you know, give you the detail on it if it's going to assist you in making your decision. But they're not going to be doing it in a way that is going to increase beyond the 12 units. So they're just going to bring it into compliance, and I think that's the key thing here, is to ensure that there's compliance. CHAIRMAN HALAS: But just for my own satisfaction-- MR. WHITE: Yes, sir. CHAIRMAN HALAS: -- you said there's one area of the lake that's shallow, so they are going to continue to dig that, then take out the strip in the middle -- MR. WHITE: Yes, sir. CHAIRMAN HALAS: -- okay? And then some of the fill, obviously, where you've got the contour line drawn around here, that's going to be area that you're going to backfill. MR. WHITE: That is correct. That's my understanding. CHAIRMAN HALAS: Okay. To make sure that the slope is correct? MR. WHITE: Yes, sir. CHAIRMAN HALAS: So -- but you are going to end up digging even more out of the lake for resale? MR. WHITE: I don't know how much. I think that that may be something that you, perhaps, would ask your staff about. CHAIRMAN HALAS: Well, we're asking you because you're the one that's representing the -- COMMISSIONER COLETTA: I was there, and I might be able to help you with it. There's a big area of the lake there that they use for water retention that's shallow. It has no value at the depth it's at now. It would be a nuisance more than anything else. It's only a Page 105 February 28, 2006 matter of feet deep. And if you were to allow the whole thing just to stop at that point and not bring it down to the depth that you need, not only are you losing a valuable resource, but you're not going to have the lake that you're looking for in the end that will be aesthetically pleasing. The line that goes around the outside of the lake is where the actual shoreline will actually end up being to be able to give a balance to it. And the littoral that was planted on the edge and the slope to it will be able to support the wildlife and the fish life that will go into it. Ifhe stops now, it's a disaster. It's an absolute disaster that I am sure the neighbors in that area will not support, and still they can sell the house lots. MR. WHITE: I think if you look at the visualizer graphic -- I don't know if you can see, but there's a darker bold line, and those are the contours of the proposed total 25-plus-acre lake. And as Commissioner Coletta indicated, an approximately 1.7 -acre portion of that will be a littoral planting zone, which is now the new requirements that are imposed. So our objective here was to address the concerns the board raised about the excess excavation, to address the concerns about affordable housing, and to assure this board that there would be compliance henceforth. CHAIRMAN HALAS: Is there any other questions? (No response.) CHAIRMAN HALAS: Ifnot, I believe we've got guidance on the motion. We've got that pretty well straightened out. I'll call the question. All those in favor of this, signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, like sign? Page 106 February 28, 2006 COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Aye. Okay. Motion, I believe, fails. We need a 4-1 vote. COMMISSIONER COLETTA: The only thing I'd like to add is, now try to figure out what you're going to do to be able to remove an eyesore from the community. COMMISSIONER COYLE: It's easy. It's in violation. Send code enforcement out there. They'll get it straightened out. CHAIRMAN HALAS: Okay. MR. MUDD: Commissioner, that brings us to our next item, which is item 8A. I've also been told that for item number 8B, there is a -- one of the petitioners has to leave by 2:30, and it's at the board's pleasure which item you want to do first, 8A or 8B or try to -- CHAIRMAN HALAS: Let's go with 8B for the one that the-- yeah. Item #8B RESOLUTION 2006-48: PUDEX-2005-AR-8382 CLEVELAND CLINIC FLORIDA REQUESTING A 2 YEAR EXTENSION OF THE ASTRON PLAZA PUD - ADOPTED MR. MUDD: 8B. This item was continued from the January 24, 2006, BCC meeting. This item requires that all participants be sworn and ex parte disclosure be provided by commission members. It's PUDEX-2005-AR-8382, Cleveland Clinic, Florida, represented by Jeffrey Nunner, P.E., of Nunner Group, LLC, is requesting the second two-year extension of the Astron Plaza PUD in accordance with land development code section 10.02.13.D.5(a). The subject property consists of 8.56 acres, is located on the south side of Pine Ridge Road and the north side of 10th Street Southwest in Section 17, Township 49 south, Range 26 east, Collier Page 107 February 28, 2006 County, Florida. And oh, by the way, Commissioner Henning did make a correction this morning. It's 1 Oth Avenue; is that correct, sir, Southwest? COMMISSIONER HENNING: Every time I go home I know it . IS. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Okay. All those that are going to be speaking on behalf of this item that's before the Board of County Commissioners, please stand and raise your right hand to be sworn in. (The speakers were duly sworn.) MR. ANDERSON: Good afternoon, Commissioners. For the record, my name is Bruce-- CHAIRMAN HALAS: Hold on. We've got to have ex parte by the Board of County Commissioners, starting with Commissioner Coyle. COMMISSIONER COYLE: Since we've heard this before, everything that was revealed the last time is hereby revealed again, and I also have an email in the file if anyone wishes to see it. CHAIRMAN HALAS: Go ahead, sir. COMMISSIONER COLETTA: Yes, I had -- I received email from Mark Teeters, and I made two phone calls to him before and after the last time we heard it. I also talked to staff. CHAIRMAN HALAS: Okay. Myself-- COMMISSIONER COLETTA: And I'm sorry, forgive me. Also I talked to -- I talked to Mr. Anderson about it. CHAIRMAN HALAS: Okay. I received emails, and I've met with Mr. Anderson on this item, and I've also talked with staff, so that's my disclosure. Commissioner Fiala? COMMISSIONER FIALA: Okay. I have some emails here that I've received, and I believe I spoke briefly to Mr. Anderson about Page 108 February 28, 2006 this, and I can't remember, I might have even spoken with Jeff Nunner but I don't remember if I did or didn't. Did I? MR. NUNNER: Not this go around. COMMISSIONER FIALA: Oh, I didn't. Okay. Another subject, sorry. CHAIRMAN HALAS: Okay. Please present. COMMISSIONER HENNING: I had -- excuse me, Mr. Anderson. CHAIRMAN HALAS: I'm sorry. COMMISSIONER HENNING: The -- I spoke to Jeffrey Nunner on this item, and the emails are the same as they were before. CHAIRMAN HALAS: Please proceed. MR. ANDERSON: Good afternoon, Mr. Chairman, Commissioners. For the record, my name is Bruce Anderson, from the Roetzel and Andress law firm on behalf of the Cleveland Clinic. Here with me today is William Peacock. Mr. Peacock is the Executive Director of Facilities and Construction for the Cleveland Clinic, and he's retired military with 24 years as a Navy engineer. Also here with me is Mike Masty, who is the president of Collier Regional Medical Center, which recently entered into a contract to purchase the Cleveland Clinic Hospital facility on the north side of Pine Ridge Road, and also, of course, with me is JeffNunner, our local engineer. The future plans for the Astron Plaza PUD property, which is owned by the Cleveland Clinic, are in a state of flux right now, and that's because of HMA's recent purchase of the main campus of the Cleveland Clinic Naples. This eight-and-a-half-acre property was originally purchased by Cleveland Clinic with plans to eventually move doctors' offices there from their main campus building and build other support uses. HMA is interested in this PUD property for potentially the same use that the Cleveland Clinic had planned, but they are still in a Page 109 February 28, 2006 decision-making progress on whether to purchase this PUD property or not. The staff report does find that this PUD, which is next to 1-75 and is in an activity -- an interstate activity center, where a full array of commercial uses are permitted, is consistent with the growth management plan, which is the first criteria for a PUD extension request. The PUD has a building height limitation of up to 60 feet, but anything taller than three stories and the required building setback from 10th Avenue Southwest more than doubles. It jumps from 50 feet to 125 feet. So there is a built-in incentive to stay at three stories. Your staff also finds that this increased building setback requirement and the permitted land uses remain compatible with the surrounding area, and that satisfies your second criteria for PUD extension. Your staff report finds that the third and last criteria, whether the PUD would place an unreasonable burden on public facilities, has been met and that the PUD does not place such a burdening, largely because of the widening of Pine Ridge Road. Based on the facts that this PUD does meet your criteria for approval of its last and final extension, we would respectfully request that you approve this extension application for their final and last extension for two years to allow the new purchaser of the main campus to figure out if they want to incorporate it in their plans for this new hospital that they acquired. And we're -- any of us are available to answer your questions. CHAIRMAN HALAS: If there's no further questions-- MR. ANDERSON: Thank you. CHAIRMAN HALAS: Oh, excuse me. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Anderson, would you go over that height limitation, the three stories thing, one more time? MR. ANDERSON: Yes, sir. Page 110 February 28, 2006 COMMISSIONER COYLE: You're -- currently with the most recent extension that has expired you can go up to 60 feet. Now what is it, your intent to really do, stay at three stories and well below 60 feet, or is it to try to get to 60 feet? MR. ANDERSON: They don't know. All-- my point was simply that the -- although the PUD allows 60 feet, there is a penalty built in for going over three stories, that is, your building setback from 1 Oth Avenue increases. COMMISSIONER COYLE: Okay. MR. ANDERSON: And my point being that there's a disincentive to go more than three stories, even though it's allowed. COMMISSIONER COYLE: So there's no height attached to the three stories? It could be actually three stories and 60 feet tall? MR. ANDERSON: Well, yeah, the way this PUD is written. I mean, if there were architectural features that extended another few stories, yes. COMMISSIONER FIALA: That was my question. You can take me off. COMMISSIONER COYLE: Okay. All right. Thank you. CHAIRMAN HALAS: So you're saying that if you go beyond 60 feet, is what you're saying then? It doesn't worry about the three stories. Normally three stories is anywhere from 10 to 12 feet high per story. MR. ANDERSON: Right, right. CHAIRMAN HALAS: Okay. So -- but you're still saying if you -- if we make a motion of three stories, then you're looking at three stories being 60 feet in height. MR. ANDERSON: No, no, no, no, no. That was Commissioner Coyle's comment. My point is simply that the PUD allows 60 feet. CHAIRMAN HALAS: Right. MR. ANDERSON: We did that -- the client would like to keep that, to have that option to figure out if they want to use the property Page 111 February 28, 2006 for medical offices and keep the building farther away from 1-75 when it gets widened, and the PUD provides that any building taller than three stories has to have a greater setback. CHAIRMAN HALAS: And what are we going to define three stories at as far as height so that we fall in the guidelines of the setback? That's my question. Is the 60 feet actually three stories, in your terminology, or is -- after 60 feet, do the setbacks increase? MR. ANDERSON: No, they can't go more than 60 feet. CHAIRMAN HALAS: In height? MR. ANDERSON: In height, yes, sir. CHAIRMAN HALAS: And what's the setbacks? MR. ANDERSON: The setbacks for anything greater than three stories is 125 feet from the right-of-way. CHAIRMAN HALAS: So are we saying then the 60 feet entails that if they go to 60 feet, they have to have a -- a setback of 125 feet? MR. ANDERSON: Yes, from the residential street. CHAIRMAN HALAS: That's my question. MR. ANDERSON: Yes. CHAIRMAN HALAS: That's my question. Commissioner Fiala? COMMISSIONER FIALA: Yes. Just to remind you that the EOC is, what, 100 feet tall, and it's three stories. So, you know, I think it's good that we nail down what three stories really means. CHAIRMAN HALAS: Okay. Any other questions? Staff presentation? MR. MUDD: Commissioner, can I ask one question real quick, because I'm trying -- because I asked a question of Leo, and he didn't know it either. And I want to make sure Bruce got this correct. There's been some -- there's been some dialogue, at least I've been reading in the paper -- I don't believe everything I read in the paper, but I at least read it -- that's talking about parking underneath the building. Page 112 February 28, 2006 Would -- if there was a parking level underneath this three-story building, would that be included as a story or would it be parking with three stories above parking? Just trying to protect the neighborhood on 1 Oth Avenue. CHAIRMAN HALAS: Yep. COMMISSIONER COYLE: I think it's three stories above parking, but the parking would be included in the height measurement of 60 feet. MR. MUDD: So in that particular case, they could be 50 feet away -- COMMISSIONER COYLE: Four-story building. MR. MUDD: -- from the road, and they can increase the usage on that particular property because the parking's underneath the building. CHAIRMAN HALAS: Building. MR. ANDERSON: We would be willing to state as a matter on the record that their understanding of a story is 10 to 12 feet. CHAIRMAN HALAS: Okay. But again, as the question was brought up, is the actual building height measured after the parking garage, or is the building height or the stories measured at ground level? Maybe staff can help us out on this. MS. DESELEM: Good afternoon. For the record, Kay Deselem. I will attempt to address your questions. The PUD is silent on the issue, so if there is, in fact, parking underneath, then that would be counted as a story. CHAIRMAN HALAS: Okay. MS. DESELEM: And the limitation of extra setback is tied to number of stories, not number of feet. So if it's anything above three stories, there's an increased setback. CHAIRMAN HALAS: And that's including the parking garage. We want to make that very clear. Page 113 February 28, 2006 MS. DESELEM: It could be, yes. CHAIRMAN HALAS: Is it or could be? MS. DESELEM: If there is one, yes, it would include it. CHAIRMAN HALAS: Okay. All right. MS. DESELEM: And I would also mention that since this is just a PUD extension, it's not an amendment. We are precluded from adding any conditions or stipulations to it because that would then constitute an amendment. CHAIRMAN HALAS: Well, if we -- if we don't have any control over that at this point in time, then how are we going to control whatever the height is and the discussion that we've been going through? We really don't have any control over it; is that correct? MS. DESELEM: That's my understanding is you have the PUD as it currently exists, and before you now is a decision as to whether to extend that or not to extend that. If you were to not extend it, they would be required to either amend it or rezone it to something else. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Kay, you said -- MR. KLATZKOW: You could require them to amend the PUD. COMMISSIONER HENNING: Pardon me? MR. KLATZKOW: You could require them to amend the PUD and get this issue resolved in that mechanism. COMMISSIONER HENNING: Well-- CHAIRMAN HALAS: On the extension? I'm sorry. MR. KLATZKOW: Your choice is to grant the extension or require them to amend the PUD. If they come in for a PUD amendment, this issue can get hammered out to your satisfaction. COMMISSIONER HENNING: Okay, right, if we extend it. If you sunset it, how can you amend a PUD, because we sunset it? Isn't there no longer a PUD? MR. KLATZKOW: No. What I'm saying is, instead of Page 114 February 28, 2006 sunsetting -- COMMISSIONER HENNING: I know. It's what Ms. Deselem said, and I understood, if we deny it, they could come in for a PUD amendment. MS. DESELEM: If I may. It remains zoned PUD. You're not taking away their zoning, so it stays PUD. So they do have the option to amend that PUD. COMMISSIONER HENNING: Well, why do we have sunsets then? MS. DESELEM: Because it gives you the opportunity to re- review them once the time comes to sunset. That's why we're here today. CHAIRMAN HALAS: Commissioners Coyle? COMMISSIONER COYLE: Can I suggest something that may be simpler, that won't be quite so traumatic? If there's any misunderstanding about something that we seem to be concerned with, cannot the petitioner voluntarily stipulate something in the extension that would solve that problem, Jeff? MR. WEIGEL: David Weigel, county attorney. The discussion I've heard so far seems to be just an understanding, for the most part, of what the terminology is in the PUD and what's in the land code in trying to define that terminology. The discussion of stories and what is a story does not appear to me to be an amendment of the PUD. The PUD does talk about three stories interrelated to a setback relationship, and above three stories there are some limitation, which Mr. Anderson has indicated to you. So the fact that Mr. Anderson's indicated that he accepts the, call it, common thought that a story is 10 to 12 feet is not in and of itself an amendment or going to require an amendment to the PUD, is my opinion, quite frankly, and I'm not sure that there's any other question that you have right now. In regard to the sunsetting that Mr. Henning was questioning and Page 115 February 28, 2006 Ms. Deselem was responding, additionally though, when something sunsets, there's an inability to go forward and development. COMMISSIONER HENNING: Okay. MR. WEIGEL: So that it's not merely -- COMMISSIONER HENNING: It has to come back to the board? MR. WEIGEL: Right, exactly. That's right. So it will require an additional activity on behalf of the property owner. Things don't just continue to stay the same. They will have to come and do something if sunsetting occurs and an extension is not granted or a PUD amendment is not pursued as far as that goes. So if the question before the board today is that -- that we haven't gotten to a -- well, I don't think there's any further question ultimately that the definition of terms and understanding of what the development would be based upon the current zoning. As yet, I don't see anything that demands or requires them for an amendment. Perhaps I've missed something, but I'd be happy to respond at any point. COMMISSIONER COYLE: Could I make a motion? CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: No, go ahead. COMMISSIONER COYLE: I'll make a motion for approval of the extension, recognizing Mr. Anderson's definition of their belief of what a story is. CHAIRMAN HALAS: I'll second that for discussion. Is there discussion on this? COMMISSIONER HENNING: Public speakers? CHAIRMAN HALAS: Is there speakers? MS. FILSON: Yes, sir. I have one speaker, Gregory Pryer. MR. PRYER: Yes. My name is Gregory Pryer. I live on 10th Avenue Southwest. I was asked by some fellow residents to come before you today Page 116 February 28, 2006 and make a few comments on our behalf and on behalf of the Logan Woods Association. First I'd like to apologize for any confusion which seems to have been created by a few of the residents who did not understand fully the limited purpose of this petition at this time and, therefore, they may have overreacted prior to your last meeting. We definitely prefer that the property remain as residential. Now, if there is no basis for that and it's only a question of extending the petition, we have really no way to oppose it. So we're interested in keeping our area residential and maintaining our lifestyle, which is consistent with our street. We're concerned that any commercial development will affect the tranquility of our neighborhood, and we hope that in the future, when the time is right, that the owners or the new owners will give us the opportunity to be part of the planning process, and, therefore, we'll be able to lessen the impact on our lives and our neighborhood. I'll be willing to answer any questions, if you have any. CHAIRMAN HALAS: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Yeah. I just want to state on the record, again, like I did the previous time this was on the board since I live on 1 Oth Avenue Southwest. Talking to the county attorney, this PUD is conceptual, don't know what's going to be built in there, except for what's laid out on the PUD. So I don't see any benefit or detriment to my property as far as value or any personal benefit from it. MR. KLATZKOW: I agree. CHAIRMAN HALAS: Thank you very much, sir. MR. PRYER: Thank you. CHAIRMAN HALAS: Is there any other questions? (No response.) CHAIRMAN HALAS: Any other discussion by the board? Page 11 7 February 28, 2006 (No response.) CHAIRMAN HALAS: Okay. We have a motion for approval and a second. Call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: Okay. Motion passes, I believe, 4-1. MR. MUDD: Commissioner, that brings us to our next item, or do you want to take a break? CHAIRMAN HALAS: We'll take a break, give our court reporter a 10-minute -- or 12-minute break, and I'd like everybody back at 2:37 if possible. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Again, ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much. Board of County Commissioners is back from recess. Item #8A ORDINANCE 2006-08: A REQUEST TO AMEND ORDINANCE 04-41 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ADD THE AMENDMENTS OF LDC 2005 CYCLE 2 FOR THE DETAILED PURPOSES - ADOPTED W / STIPULATIONS; RECOMMENDATION TO CONTINUE THE AFFORDABLE HOUSING DENSITY BONUS RATING TABLE (SECTION 2.06.03) TO THE MARCH 28TH BCC MEETING - Page 118 February 28, 2006 APPROVED MR. MUDD: Commissioner, this brings us to the next item on your agenda under advertised public hearings, and this is item 8A, a request that the Collier County Board of County Commissioners board adopt an ordinance amending ordinance number 04-41, as amended, the Collier County Land Development Code, to amend the amendments of the LDC 2005 cycle 2 for the following purposes: Amend -- amendment of chapter 1 includes the addition of abbreviations and definitions, including the Bayshore/Gateway Triangle overlays and the addition of the definition of gap housing. Amendment of chapter 2 includes the amendment of the Bayshore mixed use district, MUD, overlay; the addition of the Gateway Triangle MUD overlay; the addition of the Golden Gate downtown center commercial overlay district; deletions and additions to the table of the Permissible land uses in each zoning district for the Golden Gate overlay; amendment of the Goodland zoning overlay to change clam nurseries from a conditional use to a permitted use; and amendment of the affordable housing density bonus rating system. Amendment of chapter 4 includes amendment of the site design standards for development in the BMUD overlay districts -- subdistricts and the addition of site design standards for development in the Gateway Triangle mixed use district overlay and the Golden Gate downtown center commercial overlay district. Amendment of chapter 10 includes the addition of a mixed use project approval process with decision-making criteria and public notification requirements for a petition for an MUP approval from the Board of County Commissioners. MS. FABACHER: Thank you. Good morning, Commissioners. For the record, Catherine Fabacher. I'm with the Zoning and Land Development Review Department, and I am the LDC, Land Page 119 February 28, 2006 Development Code, Coordinator. I wanted to state that this is our third meeting before the BCC on these -- the amendments from this 2005 cycle 2, and this will be -- we're required to have two public hearings on each proposed amendment, and this will be the second hearing on the amendments you have before you today, and you'll recall that we passed the other amendments at the February 8th hearing that we had. Margie, I think, has to read something. MS. STUDENT-STIRLING: Thank you. For the record, Marjorie Student-Stirling, Assistant County Attorney. I've reviewed the advertising for these proposed amendments and find it to be legally sufficient. CHAIRMAN HALAS: Thank you very much. MS. FABACHER: All right. Shall we continue, Mr. Chair, in our usual manner, down the line? CHAIRMAN HALAS: Yes. MS. FABACHER: Okay. I, unfortunately, did give you another handout. It's on our first item, which is going to be page 1 and page I of our summary sheet, and it's the definition of gap housing. What we -- what I had put in the packet is what you had asked to bring back from your -- from our last first public hearing where you said page 123, and then the addition of one, page 124A. Since -- so that's what the handout is for you. Now, what you have right now is on page 1, as you can see, housing, gap housing, owner-occupied gap housing, and it says, 80 percent to 150 percent of median income. Originally we had put in 101 to 150, but I think that there was some discussion on lowering it to 81 to 150. Commissioner, did you want to -- COMMISSIONER FIALA: Yes, thank you. The discussion has gone all over between 81 and 101. My biggest concern, which I spoke to Jim Mudd yesterday about, as well as Joe Schmitt and a few of my Page 120 February 28, 2006 committee members, was if we started at 101, we would still have a gap between 81 and 101, because the rest of it only goes up to 80. And our purpose was to fill the gap, not create another one. So I would like to -- I would like to make sure that it's included, 81 to 150. Thank you. MS. F ABACHER: Yes, ma'am, thank you. And just for the record, I would like to go back and just -- we discovered a typo when we were looking at it in the existing language, so I'm afraid you don't have it in your folder. But it had said, rental workforce housing less than 50 percent, then the next line said, rental workforce housing less than 51 percent to 60 percent of median income. So we just wanted to strike less than in the original text that's currently in the LDC, if that's okay. You don't -- you have it on your new one. You see where -- it's just a typo, I think, in the original language that exists currently. CHAIRMAN HALAS: Can I ask a question? In the information that was just presented to us here, it says owner/occupied workforce housing, 81 percent to 100 percent of the median income, otherwise considered to be moderate income. That's still considered gap housing; is that correct? MS. FABACHER: That's correct. CHAIRMAN HALAS: Okay. MS. F ABACHER: It will fall under that umbrella. COMMISSIONER FIALA: Do you want to add that in there, just to clear that up? MS. FABACHER: Okay. CHAIRMAN HALAS: Joe, can you come to the mike and make a clarification here for us? MR. SCHMITT: For the record, Joe Schmitt, Administrator of Community Development/Environmental Services. In following the guidance, what we will now do is strike out that entire line, owner-occupied workforce housing, 81 to 110 percent. Page 121 February 28, 2006 I'm looking at your two-page handout. CHAIRMAN HALAS: Yeah. MR. SCHMITT: That will being stricken, and now gap housing will cover 81 percent to 150. And when the ordinance comes to the chair for signature, it will clearly define and be laid out to define the -- what currently exists, and then we'll define gap housing as 81 to -- 81 percent to 150, which really quite -- makes it fit much better with the application chart in the next amendment. CHAIRMAN HALAS: Okay. What you have on here right now, it's 81 percent to 100 percent, is what I read on the second page, the first -- MR. SCHMITT: Yes. That will -- that line will be -- follow me. I'm going to go over to the visualizer. CHAIRMAN HALAS: Okay. Flip it over. MR. SCHMITT: Just for the record, we're going to -- I want to make sure this word, housing from, because it really was incorrect, so housing from 51 percent to 60 percent. I'm going to turn the page, and, in essence, in your guidance right now, this line will be stricken and this will be changed to 81 percent to 150. CHAIRMAN HALAS: Okay. MR. SCHMITT: And that basically brings into jell everything that you've asked. And one more, thank you, Mr. Mudd. And that will -- that will clean up the entire definition. CHAIRMAN HALAS: Okay. Any questions? Yes. Commissioner Coyle? COMMISSIONER COYLE: When we were reviewing this, we were talking about the affordable housing density bonus chart and the need to develop an economic model that would help us determine if we were awarding the density bonuses in an appropriate percentage. I don't see any changes here. What happened? MR. SCHMITT: Okay. We're on -- you want to go to the next amendment? Page 122 February 28, 2006 COMMISSIONER COYLE: No. I just wanted to make sure -- if we're going to get to it, that will be fine, but -- MR. SCHMITT: The next amendment, what I do not have -- and we want to move to the next amendment what I have are samples that, basically, again, that Cormac presented that showed how it's applied. But the economic models, you're looking for actual data on how it's applied to justify the numbers we came up with. That was what was directed. I don't have that information available today, but -- I was not able to compile it in time for this meeting. I-- COMMISSIONER COYLE: We asked for it when the LDC was brought before us -- MR. SCHMITT: I understand. COMMISSIONER COYLE: -- before us for review. MR. SCHMITT: I do not have -- COMMISSIONER COYLE: That's been a month or more. MR. SCHMITT: I understand, Commissioner, that the -- all right. Well, we had developers coming in today to talk about exactly that, because we don't do the development, as you all understand. And the economic models are -- exactly what you want is the justification for how we developed the chart. But -- and we've asked developers to come in and present examples as to how they would apply this chart, the construction costs, the density, and how those -- the densities help pay for those units that are sold as affordable housing, but I do not have those here today. We were going to have two developers here. Susan, do you -- COMMISSIONER COYLE: Tell me what happens then, if we approve this today, we approve a chart that we're really not comfortable with. What happens? What are we going to do? MR. SCHMITT: Well, Commissioner, as we pointed out, this chart -- we know this chart -- well, it was developed naturally from what we originally had, and then we inserted this term gap housing. Page 123 February 28, 2006 And through the -- through the planning commission, we basically bumped up these numbers and developed it. N ow I'm on page -- to make sure you're in your book, we're in the next amendment, page 4. COMMISSIONER COYLE: No. I'm on page 54 of 102. MR. SCHMITT: All right. I'm-- COMMISSIONER COYLE: That's what we've got for our packet. MR. SCHMITT: You're in the actual ordinance itself. I got to pull that out. COMMISSIONER COYLE: I recommend we just continue this until the staff gets it right; otherwise, we're going to wind up making mistakes on a very, very important issue. CHAIRMAN HALAS: I agree. Commissioner Coletta, you had something to say? COMMISSIONER COLETTA: Yeah. I was -- that chart, too, I mean, I want to know what the balance is between low and affordable, and I'm not getting there without the chart in front of me. The way it was set up before, I thought it was a pretty good matrix going across. I really don't know where it is. CHAIRMAN HALAS: Can we continue this -- County Manager, would we have anything on our schedule for March 28th? MR. MUDD: Yes, sir. It would be a good time to do it. That's the best meeting that you have. I don't mean to keep throwing things on March 28th, but the rest of the meetings -- CHAIRMAN HALAS: Because I think there's some information here that's missing -- MR. MUDD: Yes, sir. I have on my notes from the last time that you met, the first reading of this particular item on the bottom of 126, Cormac, private sector partners to validate the numbers on the chart, and that's exactly what I wrote down that night that I was sitting Page 124 February 28, 2006 COMMISSIONER COYLE: Right. And what was the date of that? MS. FABACHER: February 8th. CHAIRMAN HALAS: February 8th or something, wasn't it? MR. SCHMITT: We -- and I apologize. We had a developer coming in to layout his model for us to explain how we would apply this from the economic validation. He is not here. And all I can do is depend on the data that they provide, because this is -- what you were asking for, Commissioner, is basically the cost of construction and how they would -- how the at-market value units pay for and subsidize the affordable housing units, and you were looking for an economic model to define that. We had, as you recall over a year ago, Mr. Fishkind, Russ Wire came in, talked about density and how density is applied, but I do not have the economic data. And we can continue that and bring it back. CHAIRMAN HALAS: Can I get a motion for continuing this till -- COMMISSIONER COYLE: I make a motion for continuance until March 28th, and I further suggest that staff maybe get a qualified consultant involved in this -- and Dr. Fishkind would not be a bad person to do this -- because it -- I am concerned that over three weeks we haven't been able to get a developer to provide us information. Secondly, I'm very, very concerned that staff would depend upon a single developer with respect to formulating something so important. So I would prefer to get a more impartial source of input from Dr. Fishkind, if possible. MR. SCHMITT: Commissioner, if that's the case, can I just withdraw this amendment and move on to the next amendments? You want to put the other ones at risk, and we'll just withdraw this chart completely from the amendments cycle, and I will have to bring it back. Page 125 February 28, 2006 CHAIRMAN HALAS: Do we have any other areas of concern in regards to these land development code changes for the Triangle and for Bayshore or-- COMMISSIONER FIALA: I want to second his motion by the way so that we can be discussing that. Excuse me. COMMISSIONER COYLE: Thank you. CHAIRMAN HALAS: Okay. I've got a second on that. COMMISSIONER COYLE: Well, I've been asked whether or not I would withdraw my motion and consider just having this withdrawn. The problem is, affordable housing is very important to us, and we're trying to make some decisions here, and, quite frankly, we're not getting a lot of help. And I would like to get this moved along, and I'm afraid if we just eliminate it, then it will be the fall before we get anything before us, and -- MR. MUDD: October the 25th. COMMISSIONER COYLE: October the 25th, and that's way, way, way too long. So I suggest we get at it and get this thing done by March 28th. CHAIRMAN HALAS: March 28th. COMMISSIONER COYLE: Yeah. CHAIRMAN HALAS: Okay. I have a second on the motion. Commissioner Coletta? COMMISSIONER COLETTA: Yes, yes. A couple of things are giving me quite a bit of concern, one is the fact that I really don't know where we stand even with the old chart now. I thought I had a good understanding of it that there was a bell curve going across, how it could be done. Now I'm hearing that we're recommending Fishkind to give us an analysis of this. And if we're doing that, this is the same gentleman that could find no need for affordable housing in several different studies he did and came up with a surplus. I'm having a hard time with this, a real hard time. MR. SCHMITT: I didn't recommend Fishkind. I mean, that's -- Page 126 February 28, 2006 COMMISSIONER COYLE: Maybe he's not the right guy. I'm not -- COMMISSIONER COLETTA: No, he's the wrong guy, I'll be honest with you. COMMISSIONER COYLE: Well, I'd suggest we pick the right guy, whoever that is. COMMISSIONER COLETTA: Mr. Baker, if you want, can you come up for just a minute, because I want to set the record straight on this so we don't go down the wrong path. MR. BAKER: But what I suggest -- Denny Baker, for the record. What I suggest is we contact Tallahassee, the DCA and the contacts we have up there, and get two or three names, and speak with those individuals, and do something pretty quickly. Obviously the 28th is not a lot of time so we have to move quickly. COMMISSIONER COLETTA: I have to warn you ahead of time. Fishkind made a presentation to the Regional Planning Council when we shared with everyone the results of a couple of his recent studies. We unanimously agreed to give -- not unanimously, but the majority of them agreed to give it back to staff and let them do the analysis rather than Fishkind. I just -- just very serious reservations. Go ahead and get the names from Tallahassee. As far as I'm concerned, that's a great idea. But I need somebody to come to my office and explain exactly what matrix means, because I don't think it's anything like it was explained to me the first time. MR. BAKER: Okay. COMMISSIONER COLETTA: I really have serious reservations about it now. MR. BAKER: Well, why -- COMMISSIONER COLETTA: Thank you very much for bringing this up. MR. BAKER: I recommend that we come back at least in a Page 127 February 28, 2006 memo fashion to the commissioners with our selection of the consultant and the criteria and what the objectives and scope would be and what the output would be and get buy-in from the commissioners and then move forward. CHAIRMAN HALAS: Well, the problem is, we can't meet the deadline by March 28th. MR. BAKER: Well, we have to move quickly. CHAIRMAN HALAS: Well, exactly. MR. BAKER: As quickly as we can. MR. SCHMITT: Well, let me -- for the record, I mean -- and Mr. Mudd knows, to meet the 28th deadline, we're already reviewing executive summaries now. I have between now and Friday to basically finish the economic model, and I just want clarification. All you're looking for -- what you're looking for is to define how we would apply this chart in regards to, economically, the feasibility of success or failure in regards to the application of this chart; is that what you're looking for? COMMISSIONER COYLE: Mr. Chair, can -- CHAIRMAN HALAS: Go ahead. COMMISSIONER COYLE: We've got to clarify this issue. Now, this was -- this was discussed very carefully and clearly last time, okay? I'll do it one more time. The private sector has as much a responsibility, if not more responsibility, for dealing with the affordable housing crisis as government. We have had the tendency to just throw additional density at developers so they had to come up with a little bit of affordable housing. I don't believe they've come up with enough affordable housing. For example, if you're going to provide affordable housing that sells for $140,000, you'll generally have to subsidize as a developer -- MR. SCHMITT: Yes. Page 128 February 28, 2006 COMMISSIONER COYLE: -- more than you would if you were going to provide gap housing at $250,000. So I want some economic evidence that shows that our -- our density bonuses that are provided for the various levels of housing are designed to achieve the greatest possible affording -- affordable housing percentages that we can get. And I -- I have seen ratios where the developer says, okay, I'll give you one affordable housing unit if you'll give me four market price units. Sure. That's a real deal. But what is the right ratio? We need to understand that, and you need to understand that as a staff in order to develop this kind of a chart because the more density we grant people, the higher we're driving the prices. So what we want to do is grant enough density only to generate the affordable housing -- the maximum affordable housing that we can get out of the property. And, quite frankly, my position is, the private developer should not be asking for profits on those things. They have an obligation, just like we do, to solve this affordable housing crisis, and they've got to get into this ball game, and so far they're not there. COMMISSIONER FIALA: I feel like clapping. COMMISSIONER COYLE: Well, I don't want to get carried away with it, but -- maybe it's too late for that. Is it too late for that? COMMISSIONER COLETTA: Do you want to go stand at the podium? COMMISSIONER COYLE: So that's what we need to do, and we need to do it fast. We've played with this thing for too long. CHAIRMAN HALAS: So I have a motion on the floor and a second. MS. FABACHER: Excuse me. Before we do, can I get some clarification. Are we going to postpone the whole rest of the cycle or just this -- the particular amendment? CHAIRMAN HALAS: My understanding was we were gOIng Page 129 February 28, 2006 to -- we were going to postpone the whole cycle because we feel that the whole thing might be -- MS. FABACHER: Well, I don't know-- COMMISSIONER COYLE: No, I wouldn't want to interfere with -- when you say postpone the cycle, are you telling me that because you can't develop this chart before the 28th, that -- CHAIRMAN HALAS: Well, that's what I'm saying, just postpone everything till the 28th. MR. SCHMITT: The question was, do you want to carry on with the rest of the cycle today or do you just want to post -- COMMISSIONER COYLE: Yes, sure. I would like to go ahead with the rest of the items we don't-- CHAIRMAN HALAS: I was under the -- all right. MR. SCHMITT: Just come back and talk about this one item. COMMISSIONER COYLE: That's right, that's right. MS. FABACHER: All right. MR. SCHMITT: So for clarification, we can create a separate ordinance dealing with this item on the 28th and deal with the -- the ordinance as drafted excluding this as -- if we continue with the rest of the amendments today. CHAIRMAN HALAS: Okay. Do you want to restate your motion, make sure we've got it on the record correctly? COMMISSIONER COYLE: Wow, okay. If -- okay. The motion is to continue the discussion on the affordable housing density bonus table until March the 28th until staff can provide us with the analysis which I just described in some detail, and I know you don't want me to go through that. CHAIRMAN HALAS: No, no. MR. MUDD: Yes, sir. And the section that has that affordable housing density bonus rating system, section 2.06.03 for clarity. COMMISSIONER COYLE: That's right. CHAIRMAN HALAS: Okay. Who was the second? Page 130 February 28, 2006 COMMISSIONER FIALA: I was the second. MS. FILSON: Commissioner Fiala. CHAIRMAN HALAS: Does that go along with your-- COMMISSIONER FIALA: Yes. CHAIRMAN HALAS: Okay. Get this taken care of. We'll call -- is there any speakers on this particular issue? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. So I'll call the question on this. We're going to continue this portion of the LDC amendments until the March 28th meeting and -- as Commissioner Coyle has stated in his motion. And I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Passes. Okay. Let's continue on. MS. FABACHER: All right. Thank you, Commissioner. The next one we're going to go to is on page 5, and this is the amendment of section 2.03.01, which was the staggered setbacks in the Estates. And at our first public hearing, I think that the commission did indicate that they were not in support of this proposed amendment. CHAIRMAN HALAS: That's correct. COMMISSIONER COLETTA: That's correct. MS. FABACHER: Okay. Do we have any questions on this? CHAIRMAN HALAS: Any questions? (No response.) Page 131 February 28, 2006 MS. F ABACHER: Sir, would you like to vote individually or wait till the end? CHAIRMAN HALAS: Which would be best here for you? MS. FABACHER: I guess vote at the end. CHAIRMAN HALAS: Okay. Let's vote at the end. MS. FABACHER: All right. CHAIRMAN HALAS: Take each one of these individually. MS. FABACHER: Great, okay. All right. Then the next one will be on page 7, the Bayshore mixed use district overlay. And Mr. Jackson is here, the executive director. I know we've discussed this on many occasions. If you have maybe any questions of him or he's, I think, presented it several times to you. I don't know if we have public speakers or not. MS. FILSON: I don't have any public speakers on any of the amendments on this item. CHAIRMAN HALAS: Okay. Thank you. MS. FABACHER: Mr. Jackson, did you have anything to say? No. Okay. Well, then sit down. COMMISSIONER COYLE: Go back. Have a seat. CHAIRMAN HALAS: Try to move this along. MS. FABACHER: All right, great. Thank you. Okay. Next one we'll go to is going to be on page 55, and this is for our friends in Goodland, moving the clam nurseries from a conditional use to a permitted use. I think the EAC and all the boards were in favor of this one. All right. Any questions on that? CHAIRMAN HALAS: Any questions on that? (No response.) MS. F ABACHER: Excellent. CHAIRMAN HALAS: Okay. MS. FABACHER: Okay. Then I'm going to move to page 57 -- I'm sorry, 58, and this is the Gateway Triangle mixed use district. Page 132 February 28, 2006 Same situation there. I don't know if -- Mr. Jackson's here, if you have any questions. We've presented this one several times. CHAIRMAN HALAS: The only question I have is the front yard build-to line. MS. FABACHER: Yes. CHAIRMAN HALAS: That stated somewhere between three to 10 feet. Maybe if Mr. Jackson can give us some clarification on why we have such a large variance. MR. JACKSON: Good afternoon, David -- is this on? CHAIRMAN HALAS: Yes, it is. MR. JACKSON: David Jackson, Collier County Community Redevelopment Agency. The variation there for the build-to line was, along with the architectural design, was to have a building on a flat wall, but it would articulate for the length of the building. And in there we give a variation because we would like to see in some of the mixed use buildings or any new development is that they have the opportunity to put in areas that allows for a courtyard, extended entry, restaurant seating, a garden, something that will embellish the building itself. So not knowing that every building is going to be different, every development would be different, we give them the option of -- to vary that wall to meet their needs. CHAIRMAN HALAS: Okay. Thank you very much. Any other questions? (N 0 response.) CHAIRMAN HALAS: Seeing none, please continue. MS. FABACHER: Okay. That's wonderful. Weare moving on now to page 101, and this is going to be the Golden Gate downtown commercial center overlay. And I think Michelle Mosca has presented to us on that twice now, and I think she's worked very hard with her advisory committee out there. And I think they're happy with it, and Michelle's here to answer any Page 133 February 28, 2006 questions you might have. CHAIRMAN HALAS: Are there any questions? (N 0 response.) MS. FABACHER: Okay. Well, I guess it must be time to vote. CHAIRMAN HALAS: Okay. The first item would be the definition of gap housing. Shall that be continued or shall we go ahead and vote? COMMISSIONER COLETTA: I don't think we have-- COMMISSIONER COYLE: I'm okay with that one. MS. FABACHER: All right, okay. We can go ahead and vote on definition of gap housing, section 1.08.02. CHAIRMAN HALAS: Okay. I'm going to call the question. All those in favor of the current definition for gap housing? MS. STUDENT-STIRLING: I thought we were going to vote on the -- I thought prior the commission had determined that we were going to vote on the whole package at the end -- COMMISSIONER COLETTA: We did. MS. STUDENT-STIRLING: -- other than-- MS. F ABACHER: It's the end, Marjorie. It's the end. COMMISSIONER COLETTA: But all together. MS. STUDENT-STIRLING: Oh, we're at the end, okay. Okay. I beg your pardon then. I'm sorry. MS. FILSON: Okay. I don't have a motion or a second on this, SIr. COMMISSIONER FIALA: Motion to approve all of the -- should we do all of the amendments? MS. FABACHER: Excuse me, Commissioner. Yes, we can excluding the setbacks in the Estates. COMMISSIONER FIALA: Right. MS. FABACHER: Sure. COMMISSIONER FIALA: Okay. I make a motion -- oh. CHAIRMAN HALAS: Okay. Page 134 February 28, 2006 COMMISSIONER FIALA: I make a motion to approve all the -- all of the amendments except for staggered setbacks in the Estates. MS. FABACHER: And excluding 2.06.03. COMMISSIONER COYLE: Yeah, I will-- MR. MUDD: That's the density bonus table. COMMISSIONER COYLE: I'll second it provided we also accept the density bonus table that we previously voted on. COMMISSIONER FIALA: That's right, thank you. CHAIRMAN HALAS: Yes, county-- MS. STUDENT-STIRLING: Thank you. Would you also include in your motion a finding of consistency with the comprehensive plan? COMMISSIONER FIALA: And a finding of consistency with the comprehensive plan. MS. STUDENT -STIRLING: That the land development at these amendments are consistent with the plan. COMMISSIONER COYLE: And my second includes that finding also. MS. STUDENT-STIRLING: Thank you. COMMISSIONER COLETTA: Question? CHAIRMAN HALAS: Yes, go ahead. COMMISSIONER COLETTA: I'm sorry. I thought that we were continuing that table -- COMMISSIONER COYLE: We are. COMMISSIONER FIALA: That's what we did in the motion. CHAIRMAN HALAS: That's exactly what we did. COMMISSIONER COLETTA: I misunderstood what you said. Please continue. CHAIRMAN HALAS: Okay. All those in -- all those -- we got a motion on the floor and a second. And all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 135 February 28, 2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MS. FABACHER: Thank you so much. And our next cycle will begin March 17th. CHAIRMAN HALAS: Okay. MS. F ABACHER: Thank you. CHAIRMAN HALAS: Thank you very much. Item #8C PUDZ-2003-AR-4991:REQUESTING A REZONE FROM "A' RURAL AGRICULTURAL TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ROCKLEDGE RPUD - MOTION TO CONTINUE TO JUNE 6, 2006 BCC MEETING - APPROVED MR. MUDD: The next -- the next item on our agenda is item 8C, Commissioners, and that's PUDZ-2003-AR-4991, Robert Mulhere ofRW A, Inc., representing Woodfield Builders, LLC, requesting a rezone from A rural agricultural to RPUD, residential planned unit development, to be known as Rockedge PUD, subject to the approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing density bonus units in the amount of 111 units at 7.5 bonus density units per acre in the development of this project for low-income residents. The 76.46-acre subject property is located on the east side of Collier Boulevard, County Road 951, approximately six-tenths of a Page 136 February 28, 2006 mile south of the intersection with Rattlesnake Hammock Road in section 23, Township 50, Range 26 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. CHAIRMAN HALAS: Would all those that are going to give testimony on this item please stand and raise your right hand to be sworn In. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. Starting with the disclosures from the commissioners, Commissioner Henning? COMMISSIONER HENNING: Received a phone call from Ted Beisler. CHAIRMAN HALAS: Okay. Thank you, sir. Commissioner Fiala? COMMISSIONER FIALA: Yes, I've had -- I have quite a few disclosures. I met with some of the residents at Naples Lakes, I've spoken with Bruce Anderson, I've spoken with staff, I've met with Ted Beisler and Larry Mitchell, and that's it, I think. CHAIRMAN HALAS: Okay. I've had meetings with Mr. Anderson, and didn't receive any other correspondence on this. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I had meetings with Mr. Anderson, Mr. Mulhere, and the petitioner, and I received phone calls on it, and I talked to staff. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have met with Bob Mulhere and Bruce Anderson, representatives for the petitioner. I've also met with Ted Beisler, Ted Drum and Larry Mitchell concerning this item, and also talked with staff. CHAIRMAN HALAS: Commissioner Fiala has an amendment. COMMISSIONER FIALA: Yes. I forgot to mention that I met also with Bob Mulhere, excuse me. Not that you went unnoticed, I'm Page 137 February 28, 2006 sorry . CHAIRMAN HALAS: Okay. If you'd proceed, we're ready to proceed. MR. ANDERSON: Good afternoon, Mr. Chairman. F or the record, my name is Bruce Anderson from the Roetzel and Andress law firm on behalf of the applicant. The Rockedge PUD is proposing to be a residential multifamily project with a mix of market-rate homes and homes set aside for sale to households who earn 80 percent or less than the median income in Collier County. I will defer to Susan Golden of your housing and urban improvement staff on how those numbers break down based on the size of the household. I would point out to you that Rockedge, with its 30 percent requirement for homes to be set aside for affordable, that's a higher percentage than you typically find in Collier County for similar projects. Typically it's only 10 to 20 percent of the units. In ours it will be 111 homes out of a total of 400. This property is located on the south -- located south of the intersection of Rattlesnake Hammock Road and Collier Boulevard. Rattlesnake Hammock Road is currently being expanded to six lanes, and your staff report states that this added capacity on Rattlesnake will accommodate Rockedge's traffic and, therefore, the transportation requirements of your growth management plan have been met for this PUD. Mr. Ron Talone, a Transportation Planner who has testified as an expert witness before you many times, will elaborate on the transportation aspects. Rockedge lies on the east side of Collier Boulevard between the new Collier Regional Medical Center hospital on the north and the Country Camp Inn R V park on the south. So there's no question about compatibility there. Page 138 February 28, 2006 Most of the land in Rockedge, about 56 acres our of the total of 66, have been specifically identified by legal description in your growth management plan since 2003 as an appropriate location for market rate and affordable housing homeownership development. This property is unique in that it is the only property in the entire county that has been called out in your growth management plan as a suitable site for affordable housing, and that special growth management plan designation has been twice approved unanimously by this group of commissioners. We hope that this third time will continue to be a charm. Now, although the growth management plan allows a density on this property of seven-and-a-half units per acres, this PUD reduces that allowance of the comprehensive plan to 5.23 units per acre. Because of wetlands, frankly, a higher density was not achievable. The Environmental Advisory Council unanimously recommended approval and the planning commission recommended approval by an 8-1 vote. Now, even though Rockedge fully meets the county's transportation concurrency requirements and must continue to do so in order to be able to receive building permits, as an added safeguard, the planning commission imposed, and my client agreed, to phase the project over a three- to four-year period to coincide with planned road improvements in the surrounding area. If road capacity continues to exist and concurrency is met at the time of building permits, my client has agreed that no more than 250 units can receive certificates of occupancy before 2008. All of the 111 below market-rate units would be constructed in the first phase and included in the cap of 250. In 2008, again, if concurrency is first met, then certificates of occupancy are limited to an additional 75 units. And in 2009, again, if concurrency is met, they can get certificates of occupancy and building permits for the final 75 units. Page 139 February 28, 2006 I assert to you that that is a belt and suspenders approach to assuring that there's adequate capacity on the surrounding road system. In light of your recent discussion on the prior item, I want to ask Mr. Mulhere to address the ratio of bonus units to market rate units in this project, and then I'll ask Mr. Ron Talone to come up here and address transportation, and then the three of us will be available to answer any question that you may have. Thank you. CHAIRMAN HALAS: Thank you. MR. MULHERE: Good afternoon. For the record, Bob Mulhere with RW A. I think in particular to Commissioner Coyle's comments on the previous LDC amendment and the ratio of bonus -- and I think some other commissioners also expressed some concerns or interest in determining whether or not that was a viable ratio -- I've actually been thinking about this issue. And when I first thought about it, I was thinking about the total density on this project which is 400 acres -- or units. Then I realized, that's not a fair comparison because the urban residential fringe immediately across Collier Boulevard from the urban area, without the comprehensive plan amendment that you approved, would only allow 1.5 dwelling units per acre, but would allow that 1.5 dwelling units per acre. So that's really not part of the bonus. And so I think if you subtract that 112 units based on the total project size of 1.5 units per acre, you're left with 288 units, and that's really what you ought to be thinking about in terms of the ratio of affordable to bonus units, that those 112 are not bonus units. So you've got 111 low income housing units and 288 market-rate units as a bonus, and that is about one low income housing to 2.5 bonus units. I think that's a very favorable ratio. F our years in the process, significant costs -- in fact, part of the reason that this project is larger than the original 56 acres that you approved as part of the comprehensive plan is because we actually Page 140 February 28, 2006 had to buy an additional 20 acres of property to address water management preservation and listed species concerns. And as it turns out, we're probably not going to be able to address those concerns fully on site, and we will have to purchase off-site land to mitigate for panther impacts. I'm not sure how much that will cost, but it's estimated to be in excess of a million dollars at this point in time. So I think that the direction that the board suggested relative to the land development code amendment is probably very good, but I'm very confident that this ratio will fall into a very favorable ratio. You don't have people banging down yours doors to build affordable housing, especially proximate to employment. And there will be a beneficial transportation impact associated with the location of this proj ect. And with that, I'll ask Ron Talone to come up. MR. TALONE: Good afternoon. My name is Ron Talone. I'm with the transportation firm, David Plummer and Associates. We prepared a traffic impact statement in accordance with the county's adopted TIS guidelines. The TIS was reviewed and approved by the staff. The staff found it sufficient. And the staff -- based on the conclusions of our traffic study, the staff has -- agrees with those conclusions and has recommended approval for the project and has found the project consistent with policies 5.1 and 5.2 of the traffic element of your comprehensive plan. The project is 400 multifamily units. Our traffic trip generation estimate is that it would generate approximately 188 total p.m. peak hour trips. That's a relatively low traffic generation. In a second I will get into the current traffic conditions in the area, and then also what we can see in the future. I do want to make as an aside a comment on the location of these affordable units in close proximity to Edison Community College and the new hospital in the corridor, and we think that's -- it's beneficialp Page 141 February 28, 2006 with that close proximity because the hope is that some of the people that will be working at those facilities will elect to obtain their housing within this development and, therefore, reduce their trip lengths, so that rather than having to travel long distances from other areas, perhaps Golden Gate Estates or perhaps even Lehigh Acres and Lee County, that we may be able to reduce some of those longer trips for work trips. According to the county's AUIR, Collier Boulevard at four lanes will operate at LOS-D, level of service D, which is at the standard, and that's even with the trip bank trips included. As you know, there's a scheduled six-Ianing of that project. The AUIR estimates that the level of standard service will be C, which will be above the standard with that improvement in place. We used the travel model assignment, the adopted Collier County model, to project traffic conditions. And one of the things we looked at, because our horizon was 2010, was that there are a number of scheduled road improvements during that five-year period that will alter travel patterns and improve the situation in this corridor. And I thought it was important to take a minute to go over that because we know there's some concern among residents in the area about the potential impacts of this project. First looking at the map I've provided, this shows the scheduled improvements. It doesn't look like the colors show up very well, but basically the improvements -- okay. We know about Collier Boulevard being widened to six lanes in the next couple of years. Rattlesnake Hammock Road, the contract has been let, so that improvement will be underway shortly. But I also want to point out the significance of the improvements at the I-75/Golden Gate interchange and the six-Ianing of Golden Gate, and also the improvements on Santa Barbara Boulevard and the extension of Santa Barbara down to Rattlesnake. Those improvements will alter travel patterns in the area. Page 142 February 28, 2006 And what I mean by that is, today a lot of people, without having the Golden Gate interchange, a lot of people continue down onto Collier Boulevard and continue south on Collier Boulevard. With the new interchange and the improvements to Santa Barbara, they will have the option of getting off at the new interchange, cutting over to Santa Barbara, and then continuing south all the way down to Rattlesnake, taking a lot of the traffic today that would continue south on Collier Boulevard and giving it a different way of coming down into the area. Also we have improvements offour-Ianing of County Barn Road that's scheduled to begin within the next year. Also, another thing that will be beneficial to the corridor in general is the improvements in the Lely development. They are preparing to extend Grand Lely Drive north to Rattlesnake and to extend Lely Cultural Parkway west to connect with that new road. What this will do is, it will allow Lely residents, which now are forced to go out onto Collier Boulevard to go north, it will allow them to go north directly to Rattlesnake and then continue north on either the Santa Barbara extension or County Barn Road, so that's going to allow some of the traffic now that has no choice but go out to Collier Boulevard -- it would give it an alternative so they don't have to do that. Another thing that's not shown on this map is down at the 41/Collier Boulevard intersection. As you know, there's a developer's agreement -- developer contribution agreement for six -laning north/south through that intersection. We think that will certainly help provide some relief. The intersection already has actually the pavement down for the fifth and sixth lanes north/south through that intersection. It was striped out though because the six lanes north/south didn't continue far enough. But with that developer's agreement, it will allow continuity through that intersection and improve the operations. Page 143 February 28, 2006 So there's another -- there's a number of improvements that we think will alter travel patterns. And to further demonstrate what the effect of some of those improvements are, I've taken a look at the three main roads that -- the north/south roads, we're talking about a corridor -- north/south corridor just south of Rattlesnake Hammock Road. And what we have here is Collier Boulevard, the gray is the existing capacity. The green is the added capacity. Then we have the added capacity of Santa Barbara being four-Ianed and extended, or extended as four lanes. And here we have County Barn's existing four-lane capacity, or two-lane capacity and the six-lane capacity. What this is showing is that the north/south capacity in that corridor is going to be more than doubled by the improvements planned in the next two to three years. And my last graph shows that further in on the right what I've shown is the combined capacity of those three roads here in gray today, and this will be the combined capacity after those improvements are completed. And again, that more than doubles that north/south capacity in that comer. On the left side, these are the AUIR volumes. The green is the AUIR volume that is shown as trip bank trips. So that's what's identified as vested in permitted trips in the AUIR. And this line here is our contribution to the traffic. It's shown as a solid line because the additional trips are -- aren't significant enough to show a different color. So the point I'm trying to make is that the capacity being created by those improvements that I've pointed out are -- will far exceed the additional traffic that we can expect over the next few years. I'm going to continue with -- like I said, we looked at -- we projected traffic volumes out to 2010 and found that the project does not have a significant impact on any of the roads and that none of the roads will operate below the level of service standard. They're all Page 144 February 28, 2006 expected to meet the county's adopted standard. In addition, the project will create or generate 1.5 million in road impact fees that the county can use however they see fit towards making any improvements in toward this corridor that are needed. I'm available to answer any questions you have at this point. CHAIRMAN HALAS: Are there any questions you have at this point? (N 0 response.) CHAIRMAN HALAS: Ifnot, you can continue on. MR. TALONE: Okay. Thank you. CHAIRMAN HALAS: I believe it's staff's turn now. MR. DeRUNTZ: Good afternoon. My name is Mike DeRuntz. I'm a Principal Planner with Department of Zoning and Land Development Review. You all have a have a copy of the executive summary and staff report. The staff has reviewed this application. And -- MR. MUDD: Can you get that off, Mike? I think that has to do COMMISSIONER FIALA: That's the excavation site. MR. DeRUNTZ: Oh, yes. COMMISSIONER COYLE: You don't want to go through that agaIn. MR. DeRUNTZ: We don't want to go through that again. All right. MR. MUDD: Go to the next one. You had it. COMMISSIONER COLETTA: Some things just don't want to go away. MR. MUDD: Page it forward. Now go back to where you were. CHAIRMAN HALAS: Is there anybody from IT in here? MR. MUDD: Okay. Let's go to the visualizer and we'll use that map. MR. DeRUNTZ: Yep, sorry. It was in there. I don't know what Page 145 February 28, 2006 I did with it. The staff has reviewed this application and has found it -- that it'd be consistent with the growth management plan, that this area was identified as an amendment in 2003 for -- to increase the density of that area to an additional six, for affordable housing units. Transportation element has been addressed. They've looked at the TIS, and it's found to be consistent and it meets policy 5.1 and 5.2 of the traffic element. The housing element also has been -- the staff has reviewed this and has found this to be also consistent with the growth management plan. On the site in the exhibit, you can see that there are some areas here that are shaded in gold. These are archaeologic sites, and they have been identified and preserved, and will be identified in an easement area. And the element has also been identified to be consistent with the growth management plan. This has been reviewed by the Environmental Advisory Council on December the 7th and unanimously approved. There was a neighborhood information meeting on February 19th, '04. At that meeting there were some concerns about water management, buffering, and, you know, access, onto Collier Boulevard and the use of the existing road. The -- each of these items were addressed, in the proposed PUD. The -- the developer has been working with the residents for their access onto Collier Boulevard. They are providing a separate lane for those properties that are north of the -- of the PUD for individual access. They are also providing for future access to the property to the north which adjoins the hospital property, and also an access to the south for future access to property to the south. The property as far as the stormwater management basically breaks into two directions, both east and west approximately where Page 146 February 28, 2006 the power line easement dissects the property. And the property west of the power line drains towards Collier Boulevard, and the property to the east of the power line drains to the east. And so the property draining to the east goes through the preserve areas, and that area to the west of the power lines goes into the existing canal that parallels 951. And the staff has also reviewed this as it relates to compatibility. They have found that the 400 multifamily units would be compatible with the existing uses in the vicinity. There are other PUDs in the area, and density is compatible with what's existing. The -- they've also -- the planning commission had incorporated two conditions when they reviewed this at their November 3rd meeting -- or excuse me -- yeah, at the November 3rd meeting, one was that the minimum area, the square footage of each of the dwelling units, would be 1,000 square feet, and number two is that-- the phasing that was mentioned previously, and both of those items have been incorporated into the PUD document. If there's any further questions, comments, I'd be more than happy to try to address this. CHAIRMAN HALAS: Yeah, I believe the planning commission heard this on January 19, 2006. MR. DeRUNTZ: Yes, sir. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I still have to declare other things. I'm so sorry. I forgot I spoke to a couple planning commissioners on this subject, to Ken Drum, to our transportation department, and I even received a little bit of mail. I'm sorry I didn't declare that earlier. CHAIRMAN HALAS: Okay. Are there any questions? If not, I believe we have some public speakers on this issue. MS. FILSON: Yes, sir, we have four speakers. The first one is James Pusateri. He'll be followed by Larry Mitchell. Page 147 February 28, 2006 CHAIRMAN HALAS: Okay. MR. PUSATERI: Mr. Chairman and commissioners, my name's Jim Pusateri. I'm a resident living close -- near 951 and near the Rockedge, the proposal. Less than a year ago this board turned down a request for an increased density on this PUD which was the San Marino PUD because of the adverse effect it would have on an already-taxed road and the welfare and safety of the members of the public traveling over that road. I submit to you that nothing has changed that would justify reversal of the position you took to the San Marino PUD. The roads leading to the area impacted by this application are as busy or busier. The improvements to them have been delayed. We are just beginning stages of building a six-lane at Rattlesnake Hammock; 951 improvement is scheduled to begin late this year, hopefully; County Barn and Santa Barbara, Polly, the extension there, has not begun. So for the next three or so years, depending upon when all these proj ects begin, there's going to be road construction surrounding this area. I mean, it's not like there's just one road being constructed. The whole area of feeders and major thoroughfares there are being -- are going to be under construction for the next three or so years. And it's not this PUD that I have an objection to. It's the timing of the buildout of the PUD compared to the buildout of these roads that are surrounding it. To put additional traffic on these roads, which are congested at this time without the construction being on them, might be objectionable, but with the addition of the construction that's going to be on all of these roads, it's going to constrict them even further, and to put additional traffic through a density bonus at this time simply doesn't seem rational or reasonable to me. If the -- if it's -- if these residential projects -- well, in addition to the buildout of the roads, Lely has two developments being built Page 148 February 28, 2006 along 951 , Verona Walk on the east side of 951 is still developing, the EOC may be built nearby. The hospital is being completed. There are other commercial and residential developments currently being built in and around Rattlesnake Hammock with its intersection at 951. All of this is going to put additional traffic on the roads at a time when the roads aren't capable of additional traffic because of the construction. This PUD came up as the roads were being completed, and if it was shown that the capacity of the roads at that time was sufficient to handle the PUD, I'd have no particular objection to the PUD. It's just at this time the timing is not good. And I ask you to deny the density bonus here along this congested roadway, as you did the San Marino PUD less than a year ago. Thank you. MS. FILSON: The next speaker is Larry Mitchell. He'll be followed by Jan Goldsmith. MR. MITCHELL: Good afternoon, Commissioners. My name is Larry Mitchell. I'm a member of the external affairs subcommittee of the long-range planning committee of the Naples Lakes Country Club. And the reason we have a long-range planning committee is that we find ourselves surrounded by road construction or planned road construction on 951 and Rattlesnake Hammock, and our community is located on the northwest comer of the intersection of Rattlesnake and 951, six-tenths of a mile from the proposed development. I don't want to take your valuable time in repeating what Mr. Pusateri has mentioned, but clearly you've got nearly a half a dozen major roadways under construction, and all at one time, plus you have two new major facilities that implicate the public health and safety, and those are the hospital and EOC, which will also be coming on-line at the same time, which will also stimulate additional traffic patterns that were not discussed by the applicant's expert. So you have a situation in flux, and it strikes us, as the Page 149 February 28, 2006 community closest to this development, that it really raises an unsafe condition. All of us are familiar with what happened on -- what has happened on Immokalee Road, and I submit that with the intersection of Rattlesnake and 951 under construction along with the feeder roads, County Barn and Santa Barbara pouring into Polly, that you have an intolerable situation. Enough said about that. A couple brief comments about the density bonus. Whether it's two-and-a-half units or five units, what's not being discussed here is the value of the bonus to the developer. I did a quick back-of-the-envelope calculation. And if the developer today has a right to build 112 units, assuming the market value of each of those units was a million dollars -- a generous assumption -- but a million dollars each -- it's conceivable that that's possible -- that would be 112,000 -- is $112 million in revenue generated by a project given current zoning. The developer proposes 111 affordable or gap units at approximately 225 to $250,000 apiece, and 289 units at about $650,000 each and I got those figures from our informal discussions with the developer. That adds up to a total retail value of the proj ect of $212 million, as compared to what the developer's present entitlement is and its market worth, estimated to be $112 million. So in effect, by granting the density bonus, you're affording the developer $100 million in additional sales potential with whatever attendant profit there's to be earned. And the public interest question, it seems to me is, is the increment afforded the developer in the way of a bonus measured in dollars, not in units? Is that an appropriate incentive given the 111 units? If I might have another minute. Couple other minor points. At present, as I understand the law in Collier County, there's no provision to require the residents of these Page 150 February 28,2006 affordable units to work in the county. And since what we hear about in the press is that the units are there to afford employment to those who work in the county, it strikes me that even though you might afford the developer this arrangement and these units may be built, indeed, there's no assurance, from the public interest standpoint, that, in fact, these people will work in the county. And the final point I wanted to make is that I'm a former resident of Montgomery County, Maryland, and for more than 30 years there, they had an affordable housing program that simply required that any subdivision of 50 units or more allocate a certain portion of the dwelling units to affordable housing. And for -- you know, for future purposes, that might be a model to consider. Thank you. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Your final speaker is Jan Goldsmith. MS. GOLDSMITH: Good afternoon, Mr. Commissioner -- or sorry, Mr. Chairman and fellow commissioners. My name is Jan Goldsmith, and I am here as the Chairman of the Board of Trustees for Seacrest Country Day School. I have been asked several times to step before and present to you, and I've never felt it necessary. I am here today because I'm representing two very important things to me. It is the quality of life and the education of the children in this community, and for the first time in the 10 years that I'm living here, I am here on behalf of what you may consider an oxymoron, and that is two honorable developers. I've been raising money in East Naples to build an incredible school for the last 10 years. I've raised $9 million to create an incredible educational facility for, right now, 500 children. Seven hundred thousand dollars this year was given away in financial aid so that 25 percent of our population can come to this school. We give out more than 30 percent greater than the national average of financial aid to these children. Page 151 February 28, 2006 Weare now in an endeavor of building a high school -- and I know you are aware of Seacrest Country Day School's high school's plans. It has been a long, hard-fought battle. We now have children who are currently being educated in very little portables, for lack of a better term, and we will walk the walk that we need to to see this through. In the last six months, we've been noticed by individuals at Harvard and in other universities across the United States for a visionary educational pursuit, and that is that we are actually educating the whole child. This is a school that is moving into the community and recognizing that, indeed, all children deserve the right to an outstanding education, and you don't need to get good grades in order to be successful in life. In order for this to happen, I need great faculty members, and we have been able to attract, right now, some of the most incredible faculty out of New York. We have an adjunct MIT professor who is now heading up our science department. We've been able to attract a professor from Chapin School, who has agreed to head up our English department. We have a musical professional who is also out of New York and who has taught at an incredible school. My issue is, I can't find a place for these individuals to live. Their families can't afford to come down here. When we pay these teachers, we are, unfortunately, under the challenge of trying to come up with enough money whereby there's money to give the children so that they can come to the school and yet create jobs whereby our faculty members can afford to live within proximity to County Barn Road and Davis Boulevard. I've spoken to many developers over the years trying to come up with alternatives that I can -- may I have one more minute, please? CHAIRMAN HALAS: Yes, ma'am. MS. GOLDSMITH: -- that would give my faculty members a Page 152 February 28, 2006 sense of dignity and pride in coming down to this incredible place that we call home, a great place to live and bring their families down. These two gentlemen have been more than willing to work with us, to work through the issues, to make these housing units available. They have said that they would give us a percentage of these units for these faculty members. And I know increasingly, because of individuals who've moved in trying to work at the hospitals, it's just not possible. This is a dream that we are making a reality for the children. These are, indeed, high-end faculty members who want to come down and make this a better place to live. I understand traffic is difficult. I drive from downtown Naples to Seacrest Country Day School four and five times a day but indeed, this is paradise. People want to live here. And I'm thrilled to be working with these gentlemen to try and create a home for people who want to make this a better community. CHAIRMAN HALAS: Thank you very much. MS. GOLDSMITH: Thank you. CHAIRMAN HALAS: Any questions? MS. FILSON: That was your final speaker, sir. CHAIRMAN HALAS: Okay. I'll close the public hearing at this time. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to call Don Scott up, if I may. Mr. Scott, you've seen the petitioner's graphs as far as the surplus road capacity, and you heard the concerns of the members of the community that border on 951. Could you enlighten us to where we're going with this as far as the actual capacity what we could expect if this project went forward with the phasing in that they're talking about? MR. SCOTT: Yeah. Don Scott, Transportation Planning. Page 153 February 28, 2006 I would state it a little different than the petitioner did in the sense that the issue today is consistency, not concurrency. They are consistent based on all the improvements that we have. Essentially looking out five years; do you have projects in the five-year time frame that give you capacity to let the project go forward? And, yes, we do have a lot ofprojects that are in the five-year work program that resolve the issues in that area. Now, one of the things I think that Bruce said at the beginning was that -- concurrency, but it's not concurrency today. Did we have some trips, based on the AUIR at the time? Yes, we did. Now, obviously someone back in the office right now might be putting some more trips in there. So based on when they get the site planning, that remains to be seen if the project is still within a two-year time frame. And obviously we had a lot of discussion during the AUIR as to when those proj ects are going to be -- are they two years out from now or not? That's why I have a consistency -- saying that it's consistent today. Now, I can't answer you whether they're going to get concurrency until the time frame that we're reviewing it at the site plan stage. COMMISSIONER COLETTA: Okay. But if we went ahead today and if we were to grant approval of this, will we box ourselves in if all of a sudden our road problem came unraveled or fell apart for any particular reason? MR. SCOTT: I think a couple of things, you know, from a question mark standpoint is, where do we end up where the project's in the CIE, is it still within a two-year time frame, and do I have the capacity left at that level? That's what we'll determine at that time. So yes, at some point, if we're saying that now the project's further out, based on when they submit for site planning, we still might be holding them up until it's within the time frame. Page 154 February 28,2006 COMMISSIONER COLETTA: But we'd still have the ability to hold them up if we don't have the roads coming on at the rate we're looking for? MR. SCOTT: Now, that remains to be seen as to whether that's within two years or when a contract is made, based on what we talked about during the AUIR. COMMISSIONER COLETTA: Mr. Feder, do you have anything else you wanted to add to that or -- MR. FEDER: No. I did want to clarify, you've got four major proj ects in the area. Again, based on, as Don pointed out, the discussions relative to the AUIR, what I'll give you is basically based on production schedule, not necessarily where they're going to end up in our work program as we stand right now. You've got County Barn, you've got 951, 41 to the canal, Santa Barbara and Rattlesnake Hammock. The first that will come on-line is Rattlesnake Hammock because it's under construction as we speak. That's slated to be done by the summer of 2007. County Barn will then come on-line fall of 2009, assuming that it's let -- 2008, excuse me, assuming that it's let this fall, as we look right now in production, that we should be able to do. County Road 951 is looking to be let for bid in September of this year, but with some issues we have in permitting, we're looking at, rather than hitting three seasons, possibly looking at starting up in spring of 2007. If we do that, then we're talking spring of 2009, the completion of 951 section. The Santa Barbara extension, August of 2007 letting; August 2009 completion. So you've got basically summer 2007, Rattlesnake Hammock; fall of 2008, County Barn; spring of 2009, maybe a little bit earlier, but about spring of 2009 for 951; and August of 2009 for the last section of Santa Barbara. COMMISSIONER COLETTA: Let me rephrase the question a little bit differently. For the schedule that you see, with the phasing Page 155 February 28, 2006 in that they're planning it do, does any -- the schedule itself give you anything as far as great concern? Do you think the schedule should be farther out, or do you think this is doable? MR. FEDER: I think the phasing in is a major assist, especially with the affordable housing up first. I wanted to give you an idea of the schedule of the projects. And as Don was pointing out, if we don't have those proj ects shown but continue the production within the first two years, then concurrency issues would address, especially if they're out in the fourth and fifth year, and then we'd have to see what other issues we face at that time. But we'd continue the production schedule. They do have a phasing schedule based on the recommendation at least from the planning commission. COMMISSIONER COLETTA: All right. I have other questions of other staff members, but why don't you let Commissioner Fiala go forward, and then I'll come back. CHAIRMAN HALAS: Well, I've got some questions, too. This is for Norm Feder or -- either Don Scott. As you see right at this point in time, if we were to okay this project because of the 111 affordable housing units which are going to come on-line first, how much of an impact is that going to be on 951 in that general area? MR. FEDER: Again, every housing unit generates trip. The issue is the length of trip and how much of an area it will impact. That section of 951, as I said, could be as late as spring of 2009 before it's fully six-Ianed. And assuming they could get the go-ahead on the different phases, the initial phase, there is capacity out there, as Don pointed out, to some degree, but we would need the six-Ianing for the full proj ect and for other issues in the area, depending on how they come on-line as they come forward for concurrency determination. CHAIRMAN HALAS: Okay. So what you're telling me, the Page 156 February 28, 2006 111 units, there's capacity for that; is that right? MR. FEDER: As it stands today, yes. CHAIRMAN HALAS: Okay. And then the other remaining units that are going to be built, that would be up to what we have as far as traffic concurrency, and they wouldn't -- there wouldn't be any permits issued if they didn't meet concurrency; is that correct? MR. FEDER: Again, acknowledging by our growth management plan, that if I have a program within the first two years, I count that capacity. Other than what we're doing right now in moving production, I believe the answer is yes. CHAIRMAN HALAS: Okay. My next question is, we're presently working on Rattlesnake Hammock. MR. FEDER: Correct. CHAIRMAN HALAS: What's your best guess -- and I know it's just only a guess -- but when do you think that the improvements will be completed at that point? MR. FEDER: 2007, summer of2007 we'll be completed with Rattlesnake Hammock. It will be the first of the four completed. CHAIRMAN HALAS: Okay. I think you've answered my questions. Commissioner Fiala? COMMISSIONER FIALA: Do you know how many units are already approved in this particular corridor and how much commercial is already approved that have not been built but are scheduled to come on-line? MR. SCOTT: There's -- I don't have them in front of me, but obviously there's a lot in Lely with Ole (phonetic) that's up front that's already approved and sold out. Verona Walk keeps developing. The hospital, some of the other commercials kind of tenuous at this -- you know, based on concurrency, and there's some other things moving forward, but there's quite a few units. COMMISSIONER FIALA: Do we -- when you say that there's Page 157 February 28, 2006 capacity now, is that figured on the one-seventh equation, where you only figure one-seventh of the developments there? MR. SCOTT: It's based on two-sevenths, but not all seven-sevenths. COMMISSIONER FIALA: Okay. I seem to remember -- but I could be mistaken here. I seem to remember that you had said back about a year ago that with all of the development approved but no possibility of expanding C.R. 951 any further than we can, that it's scheduled to fail by 2012. Is that still the case? Especially with the Davis Boulevard now being yanked out from underneath us. MR. SCOTT: Well, let's take the first one first, County Road 951. That was based on -- strictly on trends, but not with the model of Santa Barbara extension and Rattlesnake. So that does buy some more time from there. Obviously you know we're working on the other north/south road east of 951, pieces of it at the moment, trying to work towards the whole, but that's still a question mark. As for Davis, the issue with their project specifically is, how far do you look lengthwise based on our rules, and they don't affect Davis at the level that you would look at it. But, of course, there would be trips moving up that way. COMMISSIONER FIALA: Right, because all of this construction going on on the other four roadways, the traffic is going to try and find some way out. It will be Davis, except that -- well, the intersection there at Davis and 951 is just terribly failing as it is. I think the state called it the most failing intersection that they have in their system in this district, and, of course, with Davis Boulevard, we're going to have some problems there anyway. MR. SCOTT: Well, we're moving forward with the 951, up north of 1-75 and have had discussions with FDOT about widening Davis as part of that. But obviously, as you heard on Friday, when they were asked Page 158 February 28, 2006 directly how much money are they bringing back to the table, at this moment we don't know. And I don't believe, based on the project cost, that one thing alone is going to do that. I think it takes all three of us, developers, us, and FDOT, to restore Davis at this point. COMMISSIONER FIALA: I have to ask you a really difficult question. If you figured the capacity, the road capacity, figuring in the expansions and everything, with six -sevenths of the already-approved development, would that road still be able to accommodate six-sevenths? MR. SCOTT: If six-sevenths of Lely and Fiddler's Creek is in there, the answer would be no based on the four-lane. I don't know offhand based on the six-lane, but I will qualify that in the sense that I think Fiddler's Creek will probably build out to what they are approved. But, Lely, I don't think will build out to the top level of their approval. COMMISSIONER FIALA: But the other ones in that area that are also -- I know we've approved a lot of them right in that area -- MR. SCOTT: There are other ones in there. COMMISSIONER FIALA: -- that aren't -- haven't even started digging, but they will be too, especially with the hospital coming on-line. They're going to want to -- there's a lot of units already approved there that they're going to want to get built for the hospital and as well as commercial with the medical. I'm just really worried about that road, and it's -- it bothers me. I think -- I think that's all I had to -- oh, if we had an interconnection -- and I realize I've talked with the developer on this a lot of times, and he doesn't own the land there. But if we had an interconnection between this and the hospital so that people could get out at the light, would that help traffic on that road any? MR. SCOTT: We have that outlined with them as to where that could take place. We need some help from FP &L to make that Page 159 February 28, 2006 possible. I don't believe that -- I believe that will happen to get out at Rattlesnake. COMMISSIONER FIALA: Thank you. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to address some questions to Denny Baker, if I may. Boy, staff's earning their money today, I tell you that. CHAIRMAN HALAS: That's what they're getting paid for. COMMISSIONER COLETTA: Mr. Baker? COMMISSIONER COYLE: That's why they get the big bucks. MR. BAKER: No comment. Yes, sir, can I help you? COMMISSIONER COLETTA: If you get these answers right, you can take the rest of the day off after six o'clock. Denny, the idea about this affordable housing element that they're talking about, would this be a tremendous bonus? Is it the right place that we're looking to place it or they're looking to place it? Give us a little insight into what we're actually talking about here with this. Is it -- what kind of a plus is it or what kind of a minus is it? MR. BAKER: Well, I know that in conversations with Cormac -- and Cormac is being -- has spent a lot of time with the developers here -- he came away with a very optimistic opinion about these 111 units. Obviously it's more units than is required, and the location of the units themselves are very beneficial in the sense that they're very close -- we anticipate being very close to the working environment, so the trips would be quite short, we believe, for the majority of these 111 units. Beyond that, it's really speculation, Commissioner, as to the benefit to the community. Obviously we need these units. We all know that. COMMISSIONER COLETTA: These units that we're talking about, the affordable units, what range does this fit? Does this fit the Page 160 February 28,2006 MR. BAKER: This is the 80 percent and below. COMMISSIONER COLETTA: And that would be-- MR. BAKER: Susan has a chart here she can put up and you can take a look at. COMMISSIONER COLETTA: So a family of four, $55,000 a year. That's about what a deputy earns, right? MR. BAKER: Yes. We have a chart -- we have a chart here. For example, 80 percent of median income, a teacher, a deputy, a professional, for a family of four, would earn approximately, we're estimating, $56,000, which would entitle them to purchasing power of a home of $168,000 home, and I don't know what the pricing is specifically on these type units, but, perhaps, Mr. Mulhere can -- COMMISSIONER COLETTA: When they say 80 percent, help me with this. Do they mean up to 80 percent or do they mean right at 80 percent? MR. BAKER: Up to 80 percent. We have in our chart here -- Susan, if you would put that up, please. We have a chart here that shows the 80 percent, 60 percent, 50 and 150, and what the earnings would be and what the purchasing power would be of combined income for a family of four. And you can see the type of locations or employment that goes along with that income. MS. GOLDEN: A single-person household at 80 percent of median would potentially be earning 39,100. Those are our starting teachers, deputies, young professionals in entering the community. And then the family of four at 80 percent of median, as Denny indicated, would be around the $55,000 range. COMMISSIONER FIALA: Would that be just one working? You were talking about a sheriff's deputy, and you gave this figure. Does that mean one person working in the family of four? MS. GOLDEN: Well, that would depend on the family of four. The one person category is this first one, an income of 39,000 for a Page 161 February 28, 2006 single individual. The family of four could be a single parent with three children, again, someone in the professional field. COMMISSIONER FIALA: But only one person working? MS. GOLDEN: No, it could be two. MR. BAKER: Or it could be two people with that combined Income. MS. GOLDEN: It could be two people. MR. BAKER: With a family of four. Either way, the combined income would not exceed that number. COMMISSIONER COLETTA: These are owner -- they would own these houses? MR. BAKER: Yes, sir. MS. GOLDEN: Yes. COMMISSIONER COLETTA: Thank you so much. MR. BAKER: You're welcome. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I think affordable housing that's being offered is extraordinary. I don't know whether it's the right figure or not, but it certainly is far more than anyone else I know of who has volunteered to provide affordable housing. But I really wish you were coming before us later this year. There are, in my mind, too many uncertainties at the present time. One of those is that just earlier today we had hoped to have a table approved which would provide us some guidance about what is the appropriate ratio of market units to affordable housing units, and we didn't get that. We're not going to get it until March the 28th, hopefully. The other thing is that I do not have the same level of confidence in our ability to complete the road network that our transportation department has, and I believe I'm right. We have already seen a major project deprived of funds and postponed for an indefinite period of time. We have seen contracts Page 162 February 28, 2006 come in 70 percent over our estimated amounts. We did not issue those contracts. They were delayed. We are seeing circumstances where only one person bids; maybe no one bids on some of these contracts. So when we talk about letting a contract in the fall of next year and having it completed by the next year or of 2008, that, in my estimation, is pure speculation. None of us can be sure that will happen. If we proceed with rezoning, in my mind we're creating an obligation to provide infrastructure, and I don't know how we do that under the current circumstances. Furthermore, we've talked about concurrency. Concurrency is a good way of getting around my problems here, but we don't know what concurrency methods we will be using in a year or two years because of the new growth management law. The new growth management law essentially will gut our concurrency management system, and I do not know -- and I don't think anybody in this room knows -- what the proportionate fair share program will do to us with respect to projects such as this. So I like the idea of providing the additional affordable housing, but there remain a lot of questions. We're told in this executive summary that an affordable housing agreement is made part of this particular document. I could not find it anywhere in my paperwork here in my packet. I don't know what level of home is going to be created here. I don't know how many of each level of affordable housing home is going to be created. Consequently, I can't determine whether a ratio of 2.5 to 1 is an appropriate amount. It's clear to me that one should be able to build a 1,000 square foot affordable house selling at 250- to $300,000 without taking a loss, and I don't understand yet why we should grant two-and-a-half market-rate units to encourage the private sector to build one affordable housing unit in that area. Page 163 February 28, 2006 And if you were here earlier today you might have heard me say that the private sector has a bigger responsibility in creating affordable housing than does the government. The government did not create the affordable housing problem. What created the affordable housing problem is high prices for land, high prices for construction, and a desire for builders to pull the most profit out of a project. I've got nothing -- no problem with that. That's the capital system. But in return when we have a crisis, I think that builders should be building affordable housing units without too many bonuses. And so my position essentially is that there are too many uncertainties for me to make a decision. I wish you were coming later in the year when we've sorted out some of this stuff, and I'd feel far more comfortable with it. And I don't know if you want to respond to that, Mr. Anderson. CHAIRMAN HALAS: I just -- I've got some questions, sir. MR. ANDERSON: I wanted to ask what time frame you were thinking of. COMMISSIONER COYLE: I think certainly by the fall we would have a lot of this sorted out. By the end of May we should know what this growth management plan's going to do to us. I know our glitch amendment is not going to pass. I think everybody's recognized that it will not pass, so we cannot get relief legislatively, but we'll certainly know what the legislation -- what the legislators have done by the end of their session in May. And then we will also have the benefit of going through this process and trying to determine what an appropriate conversion table is for affordable to market-rate units, and it would be helpful for us to take some more time to solve some of these problems. We need to get a handle on whether or not we're going to have people building on -- bidding on building our roads. We don't really know. We have to know where the fill is coming from and how Page 164 February 28, 2006 much the concrete's going to cost and the asphalt. And I have a very uneasy feeling about all that. We owe our residents, and the developers, to have the infrastructure available for you. And, quite frankly, a lot of that has been taken out of our hands right now, and we need to get control of it again, and I hope to do that before too late this year. CHAIRMAN HALAS: I have a couple of questions in regards to affordable housing. Were these units going to stay in inventory as affordable housing units, and for what time period were they scheduled for? MS. GOLDEN: Susan Golden, for the record. Each of these owner-occupied units would be restricted for 15 years. That would run with each individual unit. And there would also be a cap on the amount of appreciation that they could earn during that period of time. CHAIRMAN HALAS: I really think this was a good program as was brought out earlier, that 2.5 units per -- or one housing unit per 2.5 units, that's pretty substantial. We haven't had anybody else come before this Board of County Commissioners in regards to offering that. So hats off to these people, the developer here, and I hope that we can come to some kind of resolution, because I feel that we have safeguards put in place, whether the roads are put in place, whether the roads are in place or not. They sure can't get a building permit. At least we'd get the 111 units of affordable housing, and I think that's probably the most important thing, especially with the new hospital coming onboard. And, of course, as this young lady came before us in regards to schoolteachers and also first responders that we need here in Collier County, such as sheriff deputies, EMS, and so on, and firemen, I really think that we shouldn't be cutting our nose off to spite our face here. Page 165 February 28, 2006 I believe that if we have a shortcoming in our road system, we've got a -- we've got a mechanism that we can put in place, and that is not issue any more building permits if it's failing. So I hope that some of my commissioners will look at this with a close eye here so -- because I think this is something that we really need to address. Commissioner Henning, I think you were next. COMMISSIONER HENNING: If I'm correct, this needs a superma j ori ty? CHAIRMAN HALAS: That is correct. COMMISSIONER HENNING: Okay. Well, I don't see it going anywhere. And we've recently been hearing the concerns about what's happening in Tallahassee and the uncertainty whether Mr. Feder can build the roads or not. You know, this is really inclusionary zoning. But if we're going to do that, being that it takes a supermajority, why waste everybody's time? You know, why don't we just say, we're not going to do any zoning till after the election -- in the fall, I'm hearing, and let's -- let's ask the county manager to layoff some of his staff members, because we're going to have a lot less workload. I mean, let's do it right. I mean, if we're just going to table all this stuff, let's get rid of some of the -- what would be excess fat in the government, and say, you know, take a break, and let us do the other business, and maybe Mr. Feder will get the roads done. I mean, it's just -- you've got plenty of staff members here today, and we're wasting their time on these afternoon sessions if this is what we're going to do. CHAIRMAN HALAS: Well, Commissioner, I think that one of the comments that was made by one of our other commissioners down at the end was that -- maybe looking at this at the end of May, because we'd have maybe a better picture of what's going to take place in Tallahassee. Maybe what we ought to do is see if the -- if Page 166 February 28, 2006 they want to continue this. Myself, I'd like to see this pass today because I think that we have a great opportunity here in regards to addressing affordable housing needs, especially in the areas of a hospital and first responders and schoolteachers, but that's just my feeling, and I'm just one person that's sitting on this board. So I'm not sure if we want to wait till after fall. Myself, I think that we're going to have some type of guidance here, I would think, shortly, after the legislative session, which should probably end by the end of March. Commissioner Fiala? COMMISSIONER FIALA: Yes. I stand with Commissioner Coyle on that. I think this is a great project. I don't think anybody has denied that. I just don't think we know what's going to happen to us here, in Tallahassee, and to our road system, dependent upon what happens in Tallahassee with all of these issues. And I would think that if the developer would be willing to wait until May, that's only a couple months -- tomorrow's March 1st, to reconsider this, I think -- I think that that would work really well on our behalf. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I hear everybody, and I tell you something, it's a mixed message that I'm hearing. Obviously we'd come up -- if we were forced to vote on it, it would be 3-2, so it wouldn't be a supermajority. So I mean, the only option left would be to continue it. I don't think we're going to get anyplace as far as continuing it. We've got an excellent staff that has delivered for us numerous times before. They have built the roads when they said they're going to build them. Whatever the state legislative body's going to do, the state legislative body's going to do, and we're going to have to work around it in the end. We know that. I mean, realities are realities. Page 167 February 28, 2006 We've got a housing project that is very much needed, but it's needed so bad that I'm not going to jeopardize it by making a motion for approval because I know how it's going to turn out, at least I'm just about dead certain. I'm going to make a motion for a continuance. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HALAS: Well, that's-- COMMISSIONER COLETTA: It's up to you, Mr. Anderson. CHAIRMAN HALAS: That's the -- that's the prerogative of the petitioner here if they want -- COMMISSIONER FIALA: Well, he had a motion, so I had to second. COMMISSIONER COLETTA: Yeah. But he can go along with it or he can force it to a motion, and then you'll have to start over from scratch. MR. ANDERSON: How long a continuance are we talking about till? COMMISSIONER COLETTA: As short as possible. I'd say-- if the rest of this group says May would work, then I would say May. If they say May won't work then I'm going to move for something longer. CHAIRMAN HALAS: I'd say May. MR. MUDD: 23rdofMay. COMMISSIONER COYLE: It doesn't -- the legislative session isn't over until the end of May, so you'd have to -- I would suggest June. I'm not interested -- I'm not interested in being unreasonable either. But at least at that time we'll have a better handle on what's going to happen to us. COMMISSIONER COLETTA: Then I make that June. MR. MUDD: June 6th. COMMISSIONER COLETTA: June 6th. MR. MUDD: That's the first meeting. Page 168 February 28, 2006 COMMISSIONER COLETTA: Does that work? COMMISSIONER FIALA: June 6th? MR. MUDD: Yes, sir, remember-- COMMISSIONER FIALA: Oh, yeah. We-- MR. MUDD: We've got the first and third, remember? COMMISSIONER FIALA: Sorry. COMMISSIONER COYLE: Yep. That will-- that will work for me. I just have to comment on the statement that was made that the staff has delivered on all of the road projects on time. That's not true. The Davis Boulevard, Collier County -- or Collier Boulevard intersection has been scrapped for a long period of time, and it has nothing to do with our staff. The funding was withdrawn by the state. We have no control over that. So bad things have happened to us, and we can't correct it, so we have to take that into consideration when we're making long-term decisions like this. But June 6th looks good to me, and I would support that. CHAIRMAN HALAS: Okay. We have a motion and a second to continue this item until June 6th. Any further discussion? (N 0 response.) CHAIRMAN HALAS: Are there any speakers on this issue? Oh, I guess we took care of that, right? MS. FILSON: Yes, sir. CHAIRMAN HALAS: We closed the public hearing, okay. I'll call the question. All those in favor of the continuance of this, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. Page 169 February 28, 2006 COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Okay. It's unanimous. COMMISSIONER FIALA: Break time. CHAIRMAN HALAS: Break time for our court reporter, and please, if we could be back by 4:26. We're in recess. (A recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much. We're back from recess, and we'll start off with item F, I believe. Item #8F RESOLUTION 2006-49/DEVELOPMENT ORDER 2006-01: VINEYARDS DEVELOPMENT CORPORATION IS REQUESTING AN EXTENSION OF THE DRI DEVELOPMENT ORDER BUILD-OUT DATE TO ALLOW COMPLETION OF ONGOING AND PLANNED CONSTRUCTION - ADOPTED MR. MUDD: 8F. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's DOA-2005-AR-8113, Michael Saadeh of the Vineyard Development Corporation as owner and agent is requesting an extension of the DRI development order buildout date from May 7, 2005, to May 6, 2010, to allow completion of ongoing and planned construction plan for the Vineyards of Naples DRI. The subject property consisting of 1,930 acres is located along 1- 7 5, bounded by Pine Ridge Road to the south, Vanderbilt Road to the north, and Airport-Pulling Road to the west, and Logan Boulevard to the east, within Sections 5 and 8, Township 49 south, Page 170 February 28, 2006 Range 26 east, also a portion of Section 6, Township 49 south, Range 26 east, and a portion of Section one, Township 49 south, Range 25 east, Collier County, Florida. CHAIRMAN HALAS: Thank you very much. Now anybody that -- all participants that are going to be addressing this issue, please stand and raise your right hand to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. Disclosures from the commissioners, starting with Commissioner Henning. COMMISSIONER HENNING: I talked to Mr. Saadeh. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: None. CHAIRMAN HALAS: I talked with Mr. Saadeh also. Commissioner Coletta? COMMISSIONER COLETTA: Just -- I just talked to staff. CHAIRMAN HALAS: Okay. And Commissioner Coyle? COMMISSIONER COYLE: I had a telephone call from Mr. Saadeh. CHAIRMAN HALAS: Okay. Thank you very much. Proceed. MR. SAADEH: Good afternoon, Commissioners. My name is Michael Saadeh. I'm the president and chief executive officer of Vineyards Development. We're here today on our minor extension for the completion date, the buildout date. The Vineyards DRI DO dates back to 1984/85. I think the final order was adopted sometime in '85. At the time we were requested to pick an arbitrary time line of when we think the construction would be completed. The time line was 20 years was selected. You know, that's as close to a crystal ball as we had. We were notified by staff last year sometime in the summer months, July, August, that the -- at the time we filed the annual monitoring report, that our DO buildout date is Page 171 February 28, 2006 nearing expiration. It needs to be renewed. So we looked into the process. We contacted DCA, and they gave us no objection to the renewal and rendered an opinion that it's an unsubstantial change to the DRI. We did the same with South Florida Regional Planning Council. We got the same blessing. We took the paperwork, brought it to the county, met with staff on several occasions, prepared the paperwork, and here we are. It's just merely a technicality. A few things I'd like to mention is the development of the Vineyards, as you see it on the wall. East and west of 1-75 is better than 95 percent complete. The last remaining four projects have all been permitted. Construction activity has been ongoing. So it's just a matter of extension of timeline. And all the agencies combined, including your staff, rendered the extension as insubstantial, and here we are. CHAIRMAN HALAS: Okay. What's your best guess that you'll be finishing this proj ect up within-- MR. SAADEH: Probably three years, and staff suggested, along with DCA staff, that we ask for the four years and 11 months, and you know, 29 days. Just shy of five years, so we put that date in on the safe side. That's it. CHAIRMAN HALAS: Okay. Thank you very much. Is there anything from staff on this? MS. DESELEM: Hello. For the record, Kay Deselem, principal planner. You have the executive summary in the staff report, and all the backup documentation. I don't have anything as far as a presentation to make. Mr. Saadeh has summarized what's going on. I will just say that staff is recommending approval of the petition. If you have any questions, I'd be happy to address them. CHAIRMAN HALAS: Thank you very much. Do we have any public speakers on this? Page 1 72 February 28, 2006 MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor and a second. Is there any other discussion before we call the question? (No response.) CHAIRMAN HALAS: If not, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by, like sign? (No response.) CHAIRMAN HALAS: So I believe it passes, 5-0. MR. SAADEH: Thank you very much. Have a great afternoon. MR. MUDD: Commissioner, that -- Michael, you want your picture? COMMISSIONER COYLE: Yeah. Who was the pilot who was flying that airplane up-side down when they took that picture? CHAIRMAN HALAS: It was Coyle, up-side down. MR. SAADEH: It was London Aviation. COMMISSIONER COYLE: Oh, that explains a number of things. Item #8D ORDINANCE 2006-09: AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO REFLECT Page 173 February 28, 2006 THE AMENDED RATES SET FORTH IN THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE UPDATE STUDY -ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 8D. This item was continued from the February 14,2006, Board of County Commissioners meeting. It's a recommendation that the Board of County Commissioners adopt an ordinance amending schedule 7 of appendix A of chapter 74 of the Collier County Code of Laws and Ordinances, which is 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, Collier County Emergency Medical Services Impact Fee Update Study; establishing methodology for the annual indexing adjusting to the emergency medical services impact fee rates; and providing for a delayed effective date of April 3, 2006. And Ms. Amy Patterson, your Impact Fee Coordinator, will present. MS. PATTERSON: Hello. For the record, my name is Amy Patterson. I'm your Impact Fee Manager from Community Develop and Environmental Services. I'm going to be brief, because I have with us Steve Tindale and Nilgan Camp (phonetic) from Tindale Oliver. They're the consultants that worked on this study. I just wanted to get on the record for a minute and let you know this item was continued from the last board meeting on the 14th because of a small error that was caught in one of the spreadsheets. And when we say error, I always like to explain whether it was error -- what type of error it was. And in this case it actually is an error that created -- that caused the fee to increase by an average of about $2 dollars per the land use Page 174 February 28, 2006 categories, so that we're clear that this wasn't a reduction in the fee that was generated by this error. It actually was an increase in fees. And second, when we're comparing the increases that -- there's two ways that we go about doing this, and that's the increase as comparing one EMS impact fee to another. The percentage of increase that is generated by that. So a single-family home has a rate of $93 versus the new rate of $100. That percent of increase is one. But then we do another comparison, and that's the effect it's going to have on the average single-family home or office or retail establishment. And I just wanted to be clear that the percent increase between just comparing two fees of the same type may be larger, but when you apply it to the whole -- all of the impact fees that are assessed against the development, the increase is not nearly so great. And we've given you some slides in your package that show what is the overall effect to development. And with that, I'll turn it over to Mr. Tindale for his presentation and your questions. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman -- and correct me if I'm wrong, but these -- this is an update to an impact fee which was calculated in the year 2000. CHAIRMAN HALAS: That's all it is, yes, that's correct. COMMISSIONER COYLE: And the increase for residential, per residential unit of 2,000 square feet, is barely $1.62 or so per year over the past five years. I don't think that's a big increase. I think it's very reasonable. I would make a motion that we approve it. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Why don't -- why don't we wait till we get this on the record from Mr. -- COMMISSIONER HENNING: He doesn't need to give a presentation. Page 175 February 28, 2006 CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Unless we have some questions. I don't have any questions. I know -- CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Yeah. I just -- if the board would follow. Page 30 of 38, and on the bottom it says page 18. It's a building cost index table. And if you look at it, my perspective, it doesn't really track what we're experiencing here in Southwest Florida with the cost of the buildings. I know that at one time we were at 1 OO-and-a-half square foot, and now we're like two-and-a-half(sic) a square foot -- $250 a square foot. CHAIRMAN HALAS: Some of it's 300, I thought. COMMISSIONER HENNING: Yeah. I would like to give our staff direction to create -- to do a study to justify the true cost of construction in Southwest Florida. And my understanding -- Mr. Tindale, you correct me if I'm wrong -- that's something that you can use as long as there's been a study. And this is based upon a national study. Am I correct? MR. TINDALE: Yes, I think you're wanting to make this much more sensitive to your geographic area, rather than just adopting the E&R, which can be done. The answer's yes. CHAIRMAN HALAS: Okay. Can you give us some more insight into this, because I want to make sure we get some of this on the record. MR. TINDALE: I guess the basic example is -- and we're having these changes all over the world here in the last six months or year, up in the northeast and the rest of the United States, and they've been averaging eight or 10 percent changes in some of these things. You take the sun belt and others areas that's been hit, and we've been running 40 percent changes with certain type of facilities, and in Florida, some of them at 70 percent. So the national numbers over the last six months to a year have Page 176 February 28, 2006 not been as reasonable as they have been in the past as an indicator. So I think indicating we could take some local -- either southeast or the sun belt numbers or something more specific to do the indexing in the future because of that concern. CHAIRMAN HALAS: Now my question is, if we do something of this nature and you have a dual rational nexus, will it stand up in a court of law in regards to a regional area and an impact fee because it may be substantially higher than the national average? MR. TINDALE: Well, there's always two components. One is, you ask the engineer and the economist, is it correct, and you ask a lawyer to check whether you can do things this way. And I'm the engineer, and we have a lawyer onboard, and I think the answer both legally and technically is yes. CHAIRMAN HALAS: Okay. That's my biggest concern is-- so that we have -- we're protected, and so that when we're challenged, we have a great argument in regards to making sure that we protect the impact fees. And so maybe what we need to do is have this sent back to staff to readdress -- and how long would it take you to -- MR. TINDALE: What I would recommend you do is adopt the ordinance -- CHAIRMAN HALAS: As it is today. MR. TINDALE: -- with the recommendation to come back to modify that item. And I can assure you that when we come back to modify that one item, it will be conservative enough that you'll be very comfortable that it's more realistic than what you're doing now, but is not ever going to overestimate the cost where you have a problem. So I'd recommend you adopt the ordinance and all the recommendations with a recommendation for you to come back and adjust that -- the indexing portion of the ordinance as a separate item. But I mean, if that's -- I think that's what the county staff wants. Page 1 77 February 28, 2006 CHAIRMAN HALAS: So we've got two ordinances that are up for a vote today, so we may have to look at both of them. MR. TINDALE: Both. COMMISSIONER HENNING: Well, that's -- we need to do it for all of our capital improvements of exactly what we're experiencing here. That's what the study should focus on. CHAIRMAN HALAS: Right. Commissioner Coyle? COMMISSIONER HENNING: And I have one more. CHAIRMAN HALAS: Oh, I'm sorry. Go ahead. COMMISSIONER HENNING: And the other thing that I have noticed, and we -- do we have a consensus on that? You want to do a study? MR. MUDD: Yep. I think there's enough nods that says we need to come back with a study. COMMISSIONER HENNING: The other thing I have noticed is land values. I find it difficult that we're applying, you know, the coastal to areas that are not coastal. And I just -- I would hope that we can set up zones for all of the impact fees when they do an evaluation of land and to try to hit the true cost of the capital improvement that we're making. Now, Jeff Page is going to construct EMS stations in the -- in the highest priced area in Collier County over the next five years. But the basis upon the impact fees is a variety of a sampling throughout Collier County. Ifwe set up zones, then we can hit the target a little bit better. Do you follow where I'm coming from? CHAIRMAN HALAS: Yes, MR. TINDALE: If I can make a quick response. For EMS, what we did is took the 10 sites you're getting ready to build, and I think six or seven of those 10 sites were in the two most expensive zones, and we weighted the average land value. So we did consider -- I think the range from 100,000 to 400,000, and your average per acre cost for using is three something, because we weighted the actual Page 178 February 28, 2006 location of the EMS locations you rejected, so we did consider the more expensive direction you were headed by the actual location of your EMS sites. We did adjust that. COMMISSIONER HENNING: That's fine, but we have a parks and rec. impact fee coming up, and I have a lot of problem with that because you're taking properties within areas of appraisal that we will never put a park in, so -- MR. TINDALE: I didn't do that. COMMISSIONER HENNING: -- I'm thinking if you have zones, then you can hit that target a lot better. CHAIRMAN HALAS: Well, the problem is, I think the zones are going to escalate quicker than we really anticipated. COMMISSIONER HENNING: Well, those zones need to be updated. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. It's the updating I want to discuss a bit. I was surprised to find the statement in here that there is no adjustment to the fee schedule during the three- to five-year review, periodic reviews. And I thought we had agreed that we were going to index-- CHAIRMAN HALAS: Living index. COMMISSIONER COYLE: -- these fees every year and then have an update such as this periodically. What happened? MS. PATTERSON: That's correct. This fee, when it was adopted in 2000, did not -- it was actually prior to the consolidated impact fee ordinance, and then prior to the direction to develop the indexing. And this is one of the ones that we were moving forward with to develop that indexing, but unfortunately we had a situation with the first consultant that was selected, so that's where you see that long gap in time. It wasn't that we weren't wanting to index, but we were in the study index for all of this time. COMMISSIONER COYLE: So this statement isn't typical of all Page 1 79 February 28, 2006 of our impact fees. We are indexing all of the others, I presume, except for the other one we're going to consider, because it follows in the same category as this one. MS. PATTERSON: I believe we have three left that do not have indexing, and that's because they're in some state of study. COMMISSIONER COYLE: Okay. That answers my question. Thank you. MS. PATTERSON: You're welcome. CHAIRMAN HALAS: I believe we had a consultant, and the consultant wasn't -- COMMISSIONER COYLE: Yeah, wasn't producing. CHAIRMAN HALAS: -- wasn't doing the job, and we got rid of the consultant, if I remember correctly. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I want to just reaffirm where we are at this point in time. We're talking about a study, which I'm fine. I see we gave some direction to staff on. But we're still going ahead to vote on these particular -- CHAIRMAN HALAS: We're going to vote on these two and get these taken care of and then -- COMMISSIONER COLETTA: As far as the zones go -- and I know we haven't directed staff to look at that, but I got a little bit of concern. I mean, the EMS -- taking EMS as an example. The personnel get paid the same in Immokalee as they do in downtown Naples. I don't think there's a difference in pay scale. CHAIRMAN HALAS: Land prices. COMMISSIONER HENNING: No, I'm just addressing land pricing, Commissioner. And if you -- if you think about it -- COMMISSIONER COLETTA: Well, that could work for roads, too. COMMISSIONER HENNING: Well, we do that for -- we do that for roads. Page 180 February 28, 2006 COMMISSIONER COLETTA: Well, we've got zones for roads, that's right, we do. We've got five zones. MR. TINDALE: You don't vary the fee by zone though. I think there's two different questions where you're going to properly do the estimates of land cost by zone to come up with an average for countywide fee, or whether you really want to start getting into variations in fee by districts. I'd be very careful when you have countywide EMS services with call-up and what we've done and start varying the fees by district. Be very careful of that. I've done that in the mid '80s, and it gets to be a real problem because you have credits and tax bases. And if you do have a credit and you start using taxes, as the more valuable land got a higher credit than the lower valuable land, there's the demand variation by district. And you have a countywide service here that uses a call-up process that makes it very defensible. And we were very careful in making sure we didn't use an average land value and find out you're buying EMS stations in very expensive areas. We adjusted the land cost by the specific direction you're going in your plan to make sure the average cost in that fee is going to be enough to deal with the land acquisition. So I think there's two different distinct questions about properly estimating the land values based on where you're going to build and coming up with an impact fee that varies by district. Real, real headache to have five sets of impact fees with five different sets of demands and credits and costs. It's five studies at that point in time, and there's some real issues about what comes out of that. In transportation, you see, it reverses. You come up with very, very expensive urban transportation fees and very cheap rural fees because land's so cheap, but there's no tax base out there to pay for transportation, so you had to do a credit -- and it gets convoluted, I can tell you. So I would suggest that you may have some ordinances Page 181 February 28, 2006 that need to be more sensitive to your land purchases. I feel these ordinances which are countywide did use the proj ected location of purchasing and have some reasonable land estimates in them. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Call the question? COMMISSIONER COYLE: I was just voting on the motion. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I -- you wouldn't have this answer, Steve, but our staff would. It says we have 10 EMS sites that weren't considered for EMS to build buildings on. Is it not working that they're co-sharing with the fire departments? MS. PATTERSON: Jeff Page is going to come up and answer that question. If I can provide some insight, I can weigh in also. MR. PAGE: Good afternoon, Commissioners. Jeff Page from emergency medical services. We do try and cohabitate with a number of our sites. There are some districts that historically have not participated in that idea. We've met with school board officials. We're look at some land, co-habitating with them on their sites, the same with the sheriff's office, and we'll continue to do that. But I think historically -- in the impact fee study, Amy, we had how many? Yeah, I think six that were going to be independent sites and three cohabitated stations for the future, six to four. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Amy, you and I talked about the issue about evaluation of lands. Would it be a helpful tool for the overall impact fee calculations when they're updated? MS. PATTERSON: I'm sorry. I-- COMMISSIONER HENNING: Would it be helpful to have zones of appraisal studies when you consider all the impact fees? MS. PATTERSON: I think that that -- having that useful information would be very helpful, because that takes -- I think it Page 182 February 28, 2006 makes more accurate predictions of the -- and actual costs of the land. COMMISSIONER HENNING: Commissioners, that's the only reason I brought it up, and I think you'll see it in the parks and rec. impact fees later on. MR. TINDALE: We did that. And if you had one person did it, we, on our studies, took on that responsibility. We did by geographic area, one-acre, three-acre, five-acre, according to what we were buying, whether it was an EMS site or a fire site, and we did an analysis by every area by size of tract. COMMISSIONER HENNING: For this one, yeah, I understand. MR. TINDALE: So I mean, having that done countywide would be useful probably to everybody if we wanted to do that -- COMMISSIONER HENNING: Right. MR. TINDALE: -- one time for all the fees. COMMISSIONER HENNING: Well, I guess there's no interest. Thank you. MR. MUDD: Sir, I guess what -- I guess what I need, direction from the board, if we're going to give it, just make sure that staff -- make sure that the land prices are weighted, and they're as realistic as they possibly could be for the future sites that they have in that -- CHAIRMAN HALAS: They're going to change periodically. They're going to change yearly. MR. MUDD: I believe that's what Commissioner Henning's basically getting at. And we'll take that direction, because that gives us the most realistic fee we could possibly get. COMMISSIONER HENNING: Right. And that's all I'm -- CHAIRMAN HALAS: And they're going to have to be updated on -- almost on a yearly basis, because the land prices will change on a yearly basis. COMMISSIONER HENNING: Actually, Amy and I were Page 183 February 28, 2006 talking about, go by the property appraiser's estimations of land values, which he does anyways geographically. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Would it help if we -- if we saw how these figures were derived from, I mean, to see that they're not choosing three properties in Port Royal or something? COMMISSIONER HENNING: Yeah. COMMISSIONER FIALA: Seriously. COMMISSIONER HENNING: Yeah, exactly. COMMISSIONER FIALA: Yeah. Is there a way to do that so that we see that these properties are-- MR. TINDALE: You're asking a question or how we did it? You'd like to see the report, we can provide that, to show you how we -- the details we went into, each district by size, at least for this report, how we went through that process, if you'd like to see that. COMMISSIONER FIALA: Yes. CHAIRMAN HALAS: And use that for all of our-- COMMISSIONER FIALA: For all of them. CHAIRMAN HALAS: For all of our figures in regards to impact fees. I need a motion on this particular item. COMMISSIONER COLETTA: Motion to approve. MS. FILSON: No, we have a motion and a second, sir. CHAIRMAN HALAS: We do already? MS. FILSON: Yes. CHAIRMAN HALAS: Okay. We've covered so much ground here. COMMISSIONER COYLE: I've already voted on it. CHAIRMAN HALAS: And could you refresh my memory who the -- MS. FILSON: Yes. Commissioner Coyle made the motion. Commissioner Fiala seconded it. Page 184 February 28, 2006 CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Coyle and seconded by Commissioner Fiala to increase the impact fees as they're stated here with direction for them to go back and look at addressing this issue in a more defined manner. Is there any further discussion on this? (No response.) CHAIRMAN HALAS: Ifnot, we're going to call the question. All those in favor of increasing the impact fees, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MS. PATTERSON: Thank you. CHAIRMAN HALAS: Majority. Item #8E ORDINANCE 2006-10: RECOMMENDATION TO AMEND SCHEDULE FIVE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS TO REFLECT THE AMENDED RATES SET FORTH IN THE IMPACT FEE STUDY, PROVIDING FOR THE INCORPORATION BY THE COLLIER COUNTY 2005 FIRE/RESCUE SERVICES IMPACT FEE RATES- ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is item 8E. It's a recommendation that the Board of County Page 185 February 28, 2006 Commissioners adopt an ordinance amending schedule five of appendix A of chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to reflect the amended rate set forth in the impact fee study; providing for the incorporation by reference of the impact fee study entitled, Collier County 2005 fire/rescue services impact fee update study, establishing a methodology for the annual indexing adjustment to the fire impact fee rates; and providing for a delayed effective date of May 15,2006. Ms. Amy Patterson, your Impact Fee manager, will present. I've been having trouble with managers and coordinators today. COMMISSIONER COYLE: Did she just get promoted, or have you been -- MR. MUDD: No, she corrected me. MS. PATTERSON: It's okay. I'll answer to any name. It's fine. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: We have a motion on the floor by Commissioner Henning and a second by Commissioner Coyle. And we have Commissioner Fiala who has some questions. COMMISSIONER FIALA: Just a comment. MS. PATTERSON: Sure. COMMISSIONER FIALA: Just a comment. I found it a little confusing in -- where they were showing the calculations and what it was and what it's going to become. And then on page 3 it says something about a percentage, only 14 percent of the current total impact fees. That's a little bit misleading because it actually was 290 percent increase. And so when you read that -- same with on the other one where it says 3 percent increase, it really is like 212 percent. So I would think that if you're going to do that, spell it out how much of an increase it is. Thank you. MS. PATTERSON: Sure. And I can show it -- I can show it Page 186 February 28, 2006 both ways. Because like I explained for EMS, sometimes it's really concerning when you see a 290 percent increase, but then when you compare it to everything that they're paying, it's really not that -- that much of an increase to the-- COMMISSIONER FIALA: But being that we're only discussing this one. MS. PATTERSON: Absolutely. COMMISSIONER FIALA: That's where I felt it was a little bit misleading. And as we're just talking, just before we go to the vote here, from here on in, when we get these impact fee increases, we're going to use the -- you're going to let us know with our paperwork how those figures were derived, I mean, from what areas we were studying? MS. PATTERSON: Correct, for all of the new ones going forward. Now, you're going to see a -- you're going to see at least one more that was -- is already complete, and that one actually is different than anything else, and I'm not even going to go over that bridge now -- COMMISSIONER FIALA: Okay. MS. PATTERSON: But it has a land study associated with it, and I know we'll be discussing that. CHAIRMAN HALAS: Commissioner Henning, is that in your motion? COMMISSIONER HENNING: What's that? CHAIRMAN HALAS: The motion to-- COMMISSIONER HENNING: Yeah, that we do an evaluation. MR. MUDD: Commissioner, I -- Mr. Tindale has -- we just need to make sure that he gets a chance to explain the impact fee. He just provided a piece of information to me that I'm not too sure is in the executive summary. MR. TINDALE: I think -- and again, I think it's -- I hate to use Page 187 February 28, 2006 the word mistake, but we probably should have been much more direct with our last summary. We got a per square foot cost of the homes, the single-family homes. We should have taken that per square foot cost and multiplied by 2,500 square feet and showed you the change, because you're doing it on a unit basis now, and going to per square feet. And the number is dramatically different for these two districts in the -- for the single-family homes. And I think you need to know that. It wasn't something we did deliberately, but we probably should have been aware of what we're doing. And I guess -- what page is the -- you don't have the -- I thought we handed out all the -- oh, okay. I guess I'll have to go to it then. CHAIRMAN HALAS: So you were basing this on what, a 1 ,500-square- foot home? MR. TINDALE: Your average home is, I think, about 2,500 square foot, isn't it? PATTERSON: Not in that district. MR. TINDALE: No? Okay. MS. PATTERSON: Different than the countywide average-size home, Isle of Capri and Ochopee we had specific conversations with those fire chiefs on the sizes of houses that are being constructed, and the average home ranges between 12- and 1,500 square feet. CHAIRMAN HALAS: They're smaller? MS. PATTERSON: They're smaller homes. And in your package I did provide to you what the per square foot cost is. But what you didn't have was the side-by-side comparison. And that's what -- he's going to show you something for a much larger house, but -- MR. TINDALE: Well, no, that's okay. We'll take it -- we'll take these two. Here's Ochopee. You need to take this 70 cents a square foot and multiply it by 1,500 square feet, okay? And now you're hitting a thousand dollars. What's 70 cents time -- no, it's less than Page 188 February 28, 2006 that. No, it's a thousand bucks, right? CHAIRMAN HALAS: Well, it would 40. So you're going from 289 to a thousand for a single-family home of 1,500 square feet. That's a fairly dramatic change, and we just want to be sure that's -- CHAIRMAN HALAS : Was there a cap on the size of the house? Let's say -- MR. TINDALE: Yes, 4,000 square feet. CHAIRMAN HALAS: Four thousand square feet is the cap. So somebody could build a 6,000 square foot house same -- okay. MR. TINDALE: The 70 cents times 4,000 would be $2,800, your cap. And it's legitimate because the demand and people level off significantly at that size. So that's the one number. And then the second number is the four -- which is the other district, would be 41 cents times that 1,500. We're talking about $600. So we're doubling the fee. And I'll very briefly tell you what's going on here. You've got very small districts with very few people, and a very -- a very significant asset. So the dollars you've created per person in these districts in terms of an asset's very high. And what we did is said, we're not going to build another station. We're only charging for equipment and the things inside the buildings. We're not charging for building a new building or land, and still coming up with these fees because the asset is such a significant asset for such a small group of people, who have been very conservative. The fee -- you know, the actual fee, if you're in a high growth rate, it could have been 2- or $3,000, because that's what -- you've created that asset there. You've created a fire station for like 3,000 people, and the average is usually like 10,000. CHAIRMAN HALAS: And then when you go out and buy a fire truck for those added people that you're putting in there -- MR. TINDALE: A couple, $300,000 just for a few people. So Page 189 February 28, 2006 it's a pretty high fee for an area that's pretty well built out that's going to not have a lot of permits and does generate enough revenues to add some equipment. So it's -- I mean, besides being legal, it needs to be logical, and I think it is logical. But we wanted to be sure you understood that the fees are dramatically going up, but they're still very reasonable in terms of the service delivery, the fire stations you have per person, and what you're going to do with the revenues. CHAIRMAN HALAS: Okay. Any other questions? (N 0 response.) CHAIRMAN HALAS: If not, we'll call-- any speakers on this? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. Ifnot, we'll call the question on this. The motion was made by Commissioner Henning, and I believe it was seconded by Commissioner Coyle. All those in favor of increasing this impact fee, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Thank you very, very much. MR. TINDALE: Thank you very much. CHAIRMAN HALAS: I'm glad we put that on the-- MR. MUDD: Commissioner, excuse me. He just whispered in my ear, and I thought it was important. I'm sorry to interrupt. CHAIRMAN HALAS: No, no, that was great. We needed to put that on the record. It was good. Page 190 February 28, 2006 Item #llB PUBLIC COMMENTS ON GENERAL TOPICS : DAVID JACKSON - LDC AMEDMENTS FOR THE BA YSHORE/GA TEW A Y OVERLAY MR. MUDD: Commissioner, that brings us to public comment on general topics again. MS. FILSON : Yes, sir. I do have one additional speaker. David Jackson. MR. JACKSON: David Jackson, the Collier Community Redevelopment Agency. Chairman, I'm here -- as I sent a correspondence to all of you earlier -- and I didn't feel it was appropriate during the public hearing process for the Gateway and Bayshore overlays to bring up the topic, so I'm bringing it up at this time -- if the board would consider tasking or asking the manager and his staff to execute or to commission a special session for the LDC amendment for the Bayshore and Gateway overlays. Through our -- we're not perfect, and we didn't quite get our overlays perfect, and we know that, and we'd like to work on some kind of a deviations language to put in there, the language yet to be determined, to be fully staffed through the staff there, and to get done in special session. We'd like for this to move along rather quickly. And if it's a single item issue, I think we can get through rather -- all the public processes rather quickly and be done before your summer hiatus -- I guess in August you take some time off -- to get it done and codified into legal language by that time. So if you would consider doing that, we'll work diligently with the staff to get that language all done and get through the process and done posthaste. And I think it will help. And one of the reasons for it is because, in our area, it's infill. Page 191 February 28, 2006 It's redevelopment. And we've found -- and I've already had a few property owners show me their property and say, what about this? And then we go, well, I can't think of everything, but you're right. You need to be able to at least discuss it on some level rather than a cookie cutter box item that not everything fits into, because everything we have is an odd shape, just about. CHAIRMAN HALAS: So what are you looking at? Before June then or -- MR. JACKSON: Well, I'll leave it up to the manager and his staff to figure that out, but there would be a special session to go through the process, since it's a single item, to be done by the end of June, July, whatever the last -- your last meeting is in the summer. COMMISSIONER FIALA: Maybe we could do it before an MPO meeting, do it an hour early. MR. MUDD: Well, I think -- I think there's a couple of things that you've got to address when you talk about a special session. Who's going to pay for it, okay? Is it coming out of CRA funds? We're going to have to come out with -- you know, that staff time and everything that's required on a special session. This just isn't a -- this just isn't something that you bring up. Now, the other thing I will say is, you also have an LDC cycle that's going on during this time, and as it was mentioned by your LDC coordinator here just a little bit earlier, you're going to start your whole session again in March. And you're going to have an opportunity, if you want to take this particular item -- and as it goes through and it starts going to the planning commission you could -- you could use this as an LDC in process, okay, so that it -- the staff could start using it in July, and basically get the same effect that Mr. Jackson is basically talking about with a special session and do it within the LDC cycle that you've got that's coming up. I would -- I would -- from a staff perspective, I think you can get Page 192 February 28, 2006 the same things done without having to charge him a fee, which won't be cheap, I don't believe, for a special cycle, and you get it all done. And I think he gets the same thing, by July you get the same product, the staff has got the ability in order to make that determination. CHAIRMAN HALAS: That's my next question was how much we were -- how much monies does he have left in his CRA if we -- MR. MUDD: Well, Commissioner, it's not based on what he's got left. It's what Mr. Schmitt would have to come back to this board, do some math to figure out what the cost of the special cycle will be, and then have to come back to the board and get your approval for that particular item. COMMISSIONER COYLE: That could be millions of dollars. CHAIRMAN HALAS: Commissioner Henning? What do you need, just three nods on this, or do you need a motion? MR. MUDD: Well, he's got a point, you know. They would like to have staff have the ability to make a change, okay, where we don't have that ability right now in our land development code, okay, for the Bayshore Triangle overlay area. I believe you can incorporate that and get it well on its way and then be able to use the legislation in process kind of category in order to take it and start having staff take a look at that during the summer months in order to implement it. CHAIRMAN HALAS: Commissioner Henning, I think you were next up to bat. COMMISSIONER HENNING: Yes. I think it's great exercise to give our staff some flexibility to make decisions over in community development. It might work out. And heck, we might be able to do it more in our code. But Mr. Jackson, I -- I think you're trying to fit a need of a property owner, and I don't know what that need is. But my only Page 193 February 28, 2006 comment is, you're going to probable find a lot of needs out there that the overlay's not going to fit, and I hope that we don't get -- amend it every time it doesn't fit a property owner's needs. And I'm -- I want to look at what you want to do. I'm very much in favor of bringing it in on this present cycle that we're going to be working on. MR. JACKSON: Yes, sir. I'm not here representing any single property owner or development or proj ect. There are multiple properties out there that have been cited that there could be a problem if there was ever to be anything done in the future on it. So all I'm asking is that we have the opportunity to look at some language to find a way that we can push responsibility and empower some of the staff to also be able to work on things so we don't have to come back to the Board of Zoning Appeals with a long process every time. That makes sense. And we can always take this language and ride it relatively tight and run it through the first year and see how it works. And if it works, we can either loosen it up or tighten it up. But I'm not looking to have this to be the wild west where anything goes. It still has to make sense, and the county staffhas got to be able to embrace it. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. And I think, David, what you're really referring to is some of the properties that are so old and are cut up in pieces. As you kind of mentioned before, we had -- we had an instance where the property was supposed to have, according to our land development code and our growth management plan, have so much parking and was supposed to have so much water storage, and was supposed to have so much landscaping, except once you put all of those things on the property, there was no room for a building. And -- but -- and our -- Joe Schmitt was saying, my hands are tied. This is Page 194 February 28, 2006 what the land development code says. I can't do any more because there are no accommodations in the LDC and the GMP for redevelopment. And so that's what you're trying to address, because this area, especially, is a redevelopment area. It's going to hit -- it's going to hit Golden Gate City as they try and redevelop into a downtown area as well. It will hit other areas. But I think it's important that we address it and get to it quickly. MR. JACKSON: All right. And I'm -- I'll admit, I don't -- I'm not familiar with the process that the manager has brought forward. But if it will effect the same result that we can get something that we can work with into the language and it's legal and binding that we can work with before the August recess session, I would be more than willing to work through that process. I was not aware of it before. Special session was the only language I knew. CHAIRMAN HALAS: Joe Schmitt, can you give me some ideas? Obviously you must have had some discussions here in regards to what amendments need to be addressed. Can you give us some -- enlighten us a little bit in regards to what's going on? MR. SCHMITT: For the record, Joe Schmitt, Community Development/Environmental Services Division Administrator. As Mr. Jackson's aware, we've been working on this overlay, David, what, for 10, 15 months now probably? And the contractor -- and it has been a partnership of pain in some ways, and a partnership of success. Late in the process we identified a need for a deviation process, administrative review process, and that's what this was going to provide. The particulars of how we would do it, we don't want to get into that. It would be -- there was some discussion on how we would apply it. But what David's looking for is a special cycle. There are problems in the special cycle. Page 195 February 28, 2006 If we have a special cycle, I need to come back to you in an executive summary of some form so you can approve the times and dates of those meetings, because they're different than what's prescribed in the LDC. You have to have at least one public hearing with the planning commission after 5 :05 p.m., and normally it's two meetings with the Board of County Commissioners after 5 :05 p.m. Special cycles we normally do integral to some other type of meeting, and we would have to -- I would have to come back and have that -- you would have to approve that in some schedule. So if you direct a special cycle, I would have to look at dates to do that. But as Mr. Mudd said -- and that's why I was going back. I just wanted to relook at the schedules of when we're going to have these amendments before the board, and before -- or before the planning commission and the board, but the county attorney has opined in the past, you could deem this legislation in progress. We could apply those rules, once we have an agreement of best -- how they're going to be proposed to you, but they -- actually we could not approve a proj ect until you finalized the LDC, or if we did, it would -- it would be at the point where the developer is proceeding at risk because you may not approve these -- this deviation process as described, so there is some risk. And I'm not sure of this one particular project or two, what the -- the expediency is as far as time element. Are we looking in -- is it going to be critical that something be locked in concrete, defined and approved prior to -- prior to the -- say, the first of September? MR. JACKSON : Well, again, I'm not -- I'm not specific -- project specific. Even though the -- it was cited to us by a specific project. I'm looking for language that will help every piece of -- every parcel that has a problem of developing under the overlays in my entire area, all 1,700 acres. And there's going to be some of those that are pop-ups. Page 196 February 28, 2006 I had a gentleman call me the other day, he says, look, I've got this property, what happens if it blows down? When I rebuild it, do you want this kind of a factory thing right up on the road? And I looked at it and I go, no. So I mean, we've got to be able to have a way to said -- MR. SCHMITT: I don't know if I really answered your question. I tried to preface -- CHAIRMAN HALAS: No, because I was --like Commissioner Henning brought up, this isn't developer specific in regards to these problems. MR. SCHMITT: I do not know if it's developer specific. I know it's -- there's -- as David's pointed out, there's issues that have been brought up that now are identifying. As Commissioner Fiala alluded to, redevelopment creates problems in trying to apply the code. We thought we addressed everything in this overlay to deal with the desires of the CRA to foster and promote redevelopment, and some of the criteria certainly does that. There are now questions about a deviation process. I guess the real issue is the timing. Can it -- can it not be part of this cycle going on? We have basically legislation in progress. I would have to look to the attorney. Would it have to be actually codified in an amendment and approved by the board as an LDC amendment before we could actually approve a site plan or a project, or would that developer proceed at their own risk prior to -- CHAIRMAN HALAS: Like that -- he's got his own risk coming in for a variance. MR. SCHMITT: Yeah. CHAIRMAN HALAS: County Attorney, can you give us some direction on this before I go to my other commissioners here for questions? MR. WEIGEL: I think so, Commissioner. Thanks for the Page 197 February 28, 2006 opportunity to respond. It's -- the concept zoning in progress, and typically that comes into play. It's defined in case law. But it comes into play when the board has given it a rather definite indication of what it is they attempt to achieve through a zoning change, and it's -- you're really essentially waiting for the process and the hearing to come for adoption. In this particular case it sounds to me like aspects of deviation from the land development code are still a little bit amorphous, they're cloudy. We don't know what those deviations might be, and we don't know if the board would approve those deviations. So I don't think that this subject matter lends itself to a zoning in progress type of opportunity for development to go forward because these deviations are yet to be articulated, to be identified, and also endorsed by this board. CHAIRMAN HALAS: Okay. Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Just a fast question about timing. If he wanted a special session, but as long as we're starting another session in March anyway, there wouldn't be any time saved actually, would there, other than maybe a couple weeks? MR. SCHMITT: Unless I come back to you and you approve dates as David suggested. We would, at a minimum, be required to have one hearing before the planning commission. I could do that integral -- or integrated to any type of planning commission, as long as you approved, or planning commission meeting. And then, likewise, similar to what we did today, you heard LDC amendments during the regular meeting today . We would do a similar type of acti vi ty . COMMISSIONER FIALA: But what I'm saying is, whatever he wants to do, we can just tuck it in under the March 14th, right, or the March 17th or 16th, whatever. Page 198 February 28, 2006 MR. SCHMITT: Well, ma'am, but that -- you will not see those amendments till late fall, October before the final approval. COMMISSIONER FIALA: Oh, I see. MR. SCHMITT: They have two hearings before the planning -- well, they go before the DSAC. Usually the EAC, the DSAC, two hearings before the planning commission and two hearings before Board of County Commissioners minimum. We're putting those amendments together now . We'll begin the administrative staffing process, and then the public hearings. And I recall the date is October 28th or whatever by the time you actually approve in your final hearing. Now remember, now I'm going to add on to this. People complain all the time about the code always changing, and we've-- because of this LDC process, we've had to bump it. And everybody's complaining, you're changing it too much, but then out of the next sentence, but I only need this one thing changed, or I only need this one thing changed and -- CHAIRMAN HALAS: Why don't we take this through the normal process, if we can incorporate it, even though it may not come back till fall? At least we'll try to get it right. Take this time and get it right. MR. SCHMITT: Frankly, Commissioner, that's my recommendation, and that was my recommendation to the manager. Though I understand the expediency of the district. And I'm subject to your desires. I'll come back to you with a special cycle if you so direct. CHAIRMAN HALAS: No. What I think we ought to do is take this through the normal process and make sure that we get it right as we're working through the process. That's my feeling. Commissioner Coyle? COMMISSIONER COYLE: No, that's all right. He just asked for a time to meet. I thought that was a fairly simple request. You Page 199 February 28, 2006 know, I don't know what all the conversation's about. But, nevertheless, I guess we just want to make it complicated. COMMISSIONER FIALA: Yeah. That's really all he asked for was a time to meet, and I was suggesting an hour before -- COMMISSIONER COYLE: Yeah. I just suggest that we, as a Board of County Commissioners, say, find the time to get it done and get it done. CHAIRMAN HALAS: Well, the problem is, who's going to pay for it? COMMISSIONER COYLE: You guys worry about the details. MR. SCHMITT: I will come back in the executive summary and propose dates for a special session, or special cycle. COMMISSIONER COYLE: And you give him the costs associated with that. He can make a decision as to whether or not he wants to do it. If he doesn't want to do it, you can suggest another time. Work it out. MR. SCHMITT: Your desires. You tell me. MR. MUDD: Have I got three nods? MR. JACKSON: Mr. Chairman, can we do that? I mean, at least CHAIRMAN HALAS: As long as -- MR. JACKSON : We'll get that data for you -- CHAIRMAN HALAS: Ifwe have a special cycle, you're going to pay for it then. MR. JACKSON: Well, yes, sir. I have to go to my advisory board and then I have to go to my CRA board, but still, we can do it if we feel that it's important. CHAIRMAN HALAS: The only thing is, I don't want to see this come back continually, and we end up with special sessions all the time instead of making sure that we go through this systematically and take care of the problems that you've found already and address them together and not individually. MR. JACKSON: Well, yes, sir, I understand. And we have no Page 200 February 28, 2006 desire to be coming back to the house of pain. We don't want to go there any more than we have to. MR. MUDD: And Commissioner, let me tell you something, you're going to delegate to staff some things that we used to have to come to you for approval on, and I'm going to tell you, it's a slippery slope. And we'll take a look at that. But once that gets to the DSAC and other people start figuring that out, they'll go, oh, delegate the staffmore often because we don't want to come back, what'd you call it, house of pain? MR. JACKSON: House of pain. MR. MUDD: Okay. And so, you know-- COMMISSIONER COYLE: All we're saying is -- MR. MUDD: Commissioner, we're going to -- COMMISSIONER COYLE: Decide a time to meet. MR. MUDD: Yes, sir. COMMISSIONER COYLE: We're not delegating a blasted thing to you. We're just saying knock off all the conversation and complications and get a time to meet. End of story. MR. SCHMITT: Well, I need a motion to come back for a direct -- to come back to you with a special cycle, and I'll do that. COMMISSIONER COLETTA: The deputy at the end of the table, hello? Can I borrow your gun? COMMISSIONER FIALA: But he's -- but right now he's just asking for a time to meet, not a special cycle. MR. SCHMITT: No, he was asking for a special cycle. I would have to come back and propose those dates to you in an executive. Am I right, Mr. Jackson, you want a special cycle? MR. JACKSON: Yes, sir. MR. SCHMITT: Yes. CHAIRMAN HALAS: Okay. Do I have a motion? COMMISSIONER COYLE: I think we've given guidance to staff to come back with a time. Page 201 February 28, 2006 CHAIRMAN HALAS: You don't need a motion for a special cycle here? MR. MUDD: No. We'll have to come back and do that on a regular agenda, okay? CHAIRMAN HALAS: All right. So you just want -- you got-- MR. MUDD: We'll have Mr. Jackson figure out the-- CHAIRMAN HALAS: You just need direction? You need three nods at least? COMMISSIONER COYLE: Yep, yep. CHAIRMAN HALAS: Okay. MR. JACKSON: Thank you. MR. MUDD: Do we have any more public comment, Ms. Filson? MS. FILSON: No, sir. CHAIRMAN HALAS: County Manager? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, just one thing. I did -- I did talk to all the commissioners yesterday, and talked to them about the joint City of Naples/Collier County meeting on the 7th of March. Ms. Wight is working on you're read-ahead packets right now. The subjects that I talked to each commissioner about are on this slide. That's all I have. CHAIRMAN HALAS: Okay. County Attorney? COMMISSIONER COYLE: Can I raise a question about one item here? CHAIRMAN HALAS: Sure. COMMISSIONER COYLE: Jim, after we talked, it -- excuse me -- it seems that emergency preparedness, particularly if it has Page 202 February 28, 2006 anything to do with hurricane preparedness, might be better done in June or something, right before the season starts. Would that have more impact? Would that be more relevant? MR. MUDD: Well, sir, if you're going to -- and I think this is going to talk about things that went well, things that we need to do better. COMMISSIONER COYLE: Who cares? MR. MUDD: Sir? COMMISSIONER COYLE: I mean, we've already talked about the things that went well. Why don't we just talk about what we're going to do for the next one? CHAIRMAN HALAS: Well, I think that's what they're going to do, things -- loopholes. MR. MUDD: Yes, sir. I think they're going to talk about what things we can do better together and those kind of items. COMMISSIONER COYLE: All right. I mean, a review of the last year isn't going to be helpful to us. But if we're going to focus on what we're going to do for the upcoming year and how the two governments can work effectively together, that would be good, because it seems to me it would have more effect -- MR. MUDD: Yes, sir. COMMISSIONER COYLE: -- or maybe it wouldn't, I'm not sure. You tell me if I'm wrong -- would have more effect to do it in June than to have it -- do it in March? MR. MUDD: Sir, if there's anything that needs to be changed, okay, to take any kind of operating procedures and things like that, trying to get it done in June, to start working events in June, might be -- might be too quick. COMMISSIONER COYLE: Okay. MR. MUDD: This gives us enough lead time in order to get those things done if there's anything extraordinary that both governing bodies want to give guidance. Page 203 February 28, 2006 COMMISSIONER COYLE: Is there anything that the City of Naples wants to brief us on and tell us about? MR. MUDD: Yes, sir. And there's going to be -- or Chief Moore is going to talk about the perspective from their side, then the two managers will start talking about some things that we can do better. COMMISSIONER COYLE: Okay, good. Thanks. CHAIRMAN HALAS: Count Attorney? MR. WEIGEL: Yes, sir. I'd like to make our lives easier, or at least make the offer to make our lives easier relating to affordable housing fees, donations, and all that goes along with that. I've provided the board previously information in regard to an offer by our currently retained counsel, the Nabors Giblin Firm, relative to adopting -- creating an affordable housing mitigation fee, which could include affordable housing, gap housing, and could be coordinated with inclusionary zoning as well. I don't know that I'm looking necessarily for nods at this point in time, but my thought is to work a little bit in the next few days with Jim Mudd, with whom I've already spoken, Cormac Giblin, Denny Baker, and come back to you with an executive summary proposal so that -- for a program for the staff with the outside expertise to bring something back if you'd like in that regard so that we go beyond the area of an era of voluntary donations and consider a fee arrangement that's based upon data and a methodology that could have a uniform application to everyone. So my thought is, I'd put something together and bring it back to you at the next board meeting. CHAIRMAN HALAS: Okay. MR. WEIGEL: Okay. Thank you. CHAIRMAN HALAS: Anything else? MR. WEIGEL: No. CHAIRMAN HALAS: We'll start with Commissioner Coyle. Page 204 February 28, 2006 COMMISSIONER COYLE: Yes, I have something. How would the commissioners feel about bringing in the Barron Collier girls basketball team for an award or resolution for winning the state championship? They-- CHAIRMAN HALAS: A proclamation would be nice. COMMISSIONER COLETTA: Sure. COMMISSIONER COYLE: Yeah. We might want to schedule that on the next meeting and recognize them. That's a significant achievement, I think. CHAIRMAN HALAS: Yeah. COMMISSIONER FIALA: Could we -- as long as we're doing that -- COMMISSIONER COYLE: Not the curling. COMMISSIONER FIALA: -- the Lely High School's not -- debate team, they won in the court system. I just read about it in the paper, regional -- regional awards for doing something through the court system. COMMISSIONER COYLE: Mock court? COMMISSIONER FIALA: Yeah. CHAIRMAN HALAS: Mock trial. COMMISSIONER COYLE: Mock trial. I don't know anything about it. COMMISSIONER FIALA: Honor two of our high schools on -- if that would be all right. I think that's a great idea. CHAIRMAN HALAS: Okay. Couple of proclamations. COMMISSIONER FIALA: Kudos. COMMISSIONER COYLE: That's all I have, Mr. Chairman. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Thank you, Commissioner Halas. I just wanted to tell staff that I know this has been a trying day, but we appreciate you and we love you for everything you do. To my houseguests that have recently come to visit, Jack, Joan, Page 205 February 28,2006 Beau and Helen, welcome. Jack, get out of my chair. Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes, I've asked if Jeff could give us just a little bit of an update on Diamond Shores because today was the eviction date, and I was wondering if anybody was able to stay and if we could transfer title, and so I just asked Jeff if he'd just give us an update. MR. KLATZKOW: For the record, Jeff Klatzkow. Trying to be brief, given the time of day. I met yesterday with the attorneys for the two principal owners of Diamond Shores. Diamond Shores is a condominium (sic) unit, but the vast majority of the units are owned by two individuals either in their personal names or by corporate entities. And the understanding we have is that we will be meeting with the owners in the very near future at Diamond Shores with representatives from code development. We will be doing a visual inspection of each and every one of the units, we'll ascertain which units can be repaired, which units are beyond repair and need to be, unfortunately, shuttered, and hopefully we'll be able to get, in a relatively quick manner, the units to be put back into good repairs so that they can be used by the residents. And the owners have told me that, you know, with the exception of people who are not paying, that they intend to not continue with evictions. Whether they do this, we have no control over it. But it looks like we're making substantial progress in that. COMMISSIONER FIALA: Thank you. COMMISSIONER COYLE: Can I ask a question about that? Are we considering waiving any fees or any fines? MR. KLATZKOW: I could not do that, sir, because that would have to come to the board. The liens are owned by the Board of County Commissioners. COMMISSIONER COYLE: Good. Thank you very much. My Page 206 February 28, 2006 point is that it is the owner's responsibility to get those units into proper condition, that we shouldn't be subsidizing it. And if we've got -- if we've got fines levied against the owner, we should demand that he pay those fines and continue paying them until he gets it fixed up. MR. KLATZKOW: Understood. COMMISSIONER FIALA: Thank you, Jeff. That's all. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Yeah. In June I think we're going to see a lot of public petitions come through for rezones or land use items. My concern with that is that's the month that we do the budget stuff, and we're not going to -- now I'm hearing that we're not going to get all of the information that we need in a timely basis to feel comfortable about the budget. And I mean, I'm willing to work two days on our -- the month that we adopt our mileage rate, but I'm not willing to clog up June, okay? The budget process is very important. And I think we all need to spend our time when we make recommendations to our staff on a budget. So that's one thing. And then the next thing, I just want to take back a time when my friend Commissioner Fiala and I were just freshman commissioners, and there were only two roads under construction in Collier County that I remember. But since then, since then, we have done a major north/south roadway, Livingston Road, that was proposed for a two-lane, but there was foresight to take it out to its maximum, and what a blessing that is. We have Golden Gate Parkway improvements on there, taking it from the interchange -- no, I'm sorry -- from Santa Barbara all the way to Goodlette Road with the foresight of not just retrofitting because the interchange is coming in, making improvements all up and down that corridor to make it compatible to everybody. We have made a lot of strides in our transportation department in the last five Page 207 February 28, 2006 years. CHAIRMAN HALAS: Huge, huge. COMMISSIONER HENNING: Huge. CHAIRMAN HALAS: Huge. COMMISSIONER HENNING: And it's not going to stop, and it's all due to Norm Feder coming to Collier County and making a difference. (Applause.) COMMISSIONER HENNING: And I'm -- CHAIRMAN HALAS: And his staff. The other thing, too, Commissioner, just -- that this Board of County Commissioners have -- has really stepped up to the plate and has supported the efforts that need to be done to address growth here. COMMISSIONER HENNING: And when asked, we do. And I'm confident that the board is going to make good decisions under the guidance of Norm Feder. And I'm going to work to try to find him available material so he can build all the roads that he wants, above ground or below ground or whatever he needs. So that's the most important thing that we do here in Collier County, you're going to hear from our residents, is build the roads, and we've got the right person to do it. So thank you, Mr. Feder. No, I mean it. CHAIRMAN HALAS: We've got -- I think we've got a pretty good staff here when we address all the issues of growth, not only roads, but as you remember not too long ago we had some serious problems with making-- COMMISSIONER HENNING: Sewers. COMMISSIONER FIALA: With the landfill stinking. CHAIRMAN HALAS: The landfills and wastewater, even drinking water. So I think we've made some great strides, and not only -- we've given staff that ability because, as Board of County Commissioners, we've been here and making sure that we give them Page 208 February 28, 2006 the tools and the money to address those needs, and that's very important. I'm going to finish up by saying that County Manager Mudd and myself and Debbi Wight will be flying to Washington. As you saw on our last agenda we had on February the 14th, that we had eight items that we're going to go to Washington and work with our lobbyist there, and hopefully we can bring home some bacon and make sure that we take care of the needs -- the growth needs here in Collier County. That's going to be issues addressing flood control. It's going to be issues addressing transportation needs, interchanges, and also we're looking at some issues out in Immokalee to make sure we can address our community center there. So we're going to be busy. It's a two-day whirlwind trip, and we're hoping that we're going to be successful. COMMISSIONER COLETTA: Thank you for doing it. COMMISSIONER COYLE: Mr. Chairman, could I just make a quick comment? CHAIRMAN HALAS: Sure. COMMISSIONER COYLE: Commissioner Henning has raised a good point about a potential flood of rezones after Mayor early June, and I understand that my stance on rezones is largely, perhaps, responsible for that, but I need to ask a question. I don't want to see that happen either. Why, when the pipeline is so full of developments that have already been rezoned and are waiting for construction, would we want to rezone anything more anyway unless there is an overwhelming public benefit? So I don't know why we wouldn't want to discourage people from even scheduling a rezone unless they've got a really overwhelming public benefit that they can provide. And so, that's one way to make sure we're not flooded with petitions after this legislative session. Page 209 February 28, 2006 COMMISSIONER HENNING: Well, what's the public benefit? I don't understand. COMMISSIONER COLETTA: We had two today and we voted them down. COMMISSIONER COYLE: Well, yes, we did, and I'm going to continue doing that, because I don't think we can handle the ones that are in the pipeline right now. Why do you want to clog it up with more? COMMISSIONER HENNING: I think it's based upon our growth management plan, and our staff guides us whether it conforms to it or not. Now, I think what you're saying is, let's do a moratorium until a certain time, not have any rezones. Well, no, it isn't. COMMISSIONER COYLE: That's not a moratorium. COMMISSIONER HENNING: No, you're absolutely right. The people have a right to petition their government. COMMISSIONER COYLE: They have a right to petition. They don't have a right to get it approved. COMMISSIONER HENNING: Well, that's true, but it -- I mean, I think we base it upon our land use laws. And when our staff says that it complies with that, then -- and I'm hearing public benefit -- doesn't meet a public benefit, but I'm not sure what that -- what you're looking for. And I think it's important for us to understand, as your colleagues, and the general public of what you consider public benefit. COMMISSIONER COYLE: I think if you're building a school, if you're building a library, a museum, if you have extraordinary benefits with respect to affordable housing, I think those are reasons, and that is the only reason that I would consider -- reconsider the one that came before us today in June; otherwise, I will continue my policy of not approving a rezone until we clean out the pipeline a bit. CHAIRMAN HALAS: Well, we had one today in regards to Page 210 February 28, 2006 where a developer was going to come in front -- or came in front of us and was looking at building 111 units of affordable housing first before he did anything else, and I hope that our checkbook concurrency does work in regards to addressing the transportation issues, but -- COMMISSIONER COYLE: Well, it won't work on the new growth management plan. COMMISSIONER COLETTA: Yeah. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm sorry, but I really do have to interject my opinion here. We went through a lot of trouble to come up with our management plans, with our land development codes. We've been working on it for years. We lay it out, hired the very best. And you just acknowledged him, Norm Feder, when it comes to roads. He gets up there and he explains exactly where we are with the roads, and the fact that he has been able to deliver most of the time, occasionally something happens at the state end that we don't get the money for one reason or another, but he's been -- he's been very successful with bringing the roads across. We've got all the rules and regulations, we've got recommendations from the people that we put on the planning commission, what to do, we listen to everything, and then we trash it every single time. I'll tell you what I'm going to suggest to the building community and to the community in general, pull a moratorium. Get the Goddarn moratorium in place there so people know where they stand, and then we're forced to come up with a solution. By skirting the issue and just saying, we're not going to go into a moratorium, we're just going to go into a slowdown, we're going to go into this, that is a moratorium. There's no ways around it. We're forcing the area into a moratorium. Let's get it over with, declare a Page 211 February 28, 2006 moratorium, then come up with a plan to get out of it. If you have no confidence in what staffs put together, along with the planning commission and all the study groups that are out there, everything they have produced is for naught, then let's plan a moratorium and go from there. CHAIRMAN HALAS: Well, I think one of the areas -- and Commissioner Fiala, I just want to get this off of my chest -- is the fact that when all those transportation dollars were pulled away from state projects, and now we look at -- that we had a windfall of sales tax, I really think that the governor needs to take a serious look at that and re-establish the transportation dollars that were pulled since we -- he's found that we've done so well with sales tax and the people buying goods to repair their homes after hurricanes, and I think that's where we really need to really address the issue, and I think that would help alleviate some of the problems that we're running into as a Board of County Commissioners here today. COMMISSIONER FIALA: One of the confusions, I think we all feel really is, we don't know. We don't have a complete picture in front of us every time we vote. We -- we're told how much capacity is left on the road, but we don't even know all of those things that are approved. I would love to see something that shows every development that has been approved and how many units, every commercial piece of property that has been approved but not yet built but we know will make an impact and how much of an impact it would make. I think if we could see the whole picture instead of this piecemeal glimpse we would have a much better insight as to where we should go from here. But right now we all know there's a lot been approved and a lot not built, but we don't really know where it IS. COMMISSIONER HENNING: Well, the checkbook concurrency -- Page 212 February 28, 2006 COMMISSIONER FIALA: Yes, but that only gives us one-seventh of that. COMMISSIONER HENNING: Well, I mean, if you want it tighter, change the law. I mean, if you don't feel confident in our process, then we need to -- we need to change it. COMMISSIONER FIALA: I'm not saying not confident, but I just meant we need the whole picture. COMMISSIONER HENNING: Uncertainty then. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: If you need the uncertainty, because our -- the recommendations from our staff and the planning commission is based upon the growth management plan, so -- and, you know, what I would like to do, and I think it's appropriate for all of us to understand -- and I still am under the premise that we can be tougher, this growth management plan. And we have a retainer from a law firm that does a lot of work in the State of Florida, in Tallahassee, that works with growth management, DCA and all those others. They know. Nancy Lanan knows when we adopted the fringe in the eastern land, we had Nancy Lanan and Marti Chumbler here. Let's get them down here and see what we can do. I know there's a lot of fear, but I feel confident in having home rule, that we have a lot of latitude in what we can do. But if not everybody feels assured of that, I think it's time to get somebody down to tell us what we can and cannot do. CHAIRMAN HALAS: Well, the other thing, too, even though we've got a lot of the --a lot of stuff out there, too, that doesn't mean that they -- that everybody can build. It's basically, yeah, everybody's approved to come to the dance, but if the dance hall gets filled up, guess what, you're not going to be able to get into the dance. And I think that's part of our checkbook concurrency system that we've got -- we've got set up here. Page 213 February 28, 2006 COMMISSIONER COLETTA: That leads me to a question. Who here does not believe in checkbook concurrency? (No response.) COMMISSIONER COLETTA: There's the answer. Either we're doing it right or we're not. If we can't rely on checkbook concurrency to take care of the problem, then we have to -- COMMISSIONER FIALA: I'm not saying -- I'm just saying I wanted to see a whole picture of what it looks likes. COMMISSIONER COLETTA: But we got that picture several times now. COMMISSIONER HENNING: At MPO we got that. COMMISSIONER FIALA: I guess -- I guess I'm not explaining myself clearly. I'd love to see a map to show everything that's already built, you know, in one color, and everything that's approved but hasn't been built in another color to see what we have left in there. COMMISSIONER COLETTA: Yeah. Jim Mudd, haven't we had graphs like this already? I can remember something in the recent past. We had the unbuilt capacity that was still hanging out there. MR. MUDD: Yes, sir, we've got that. COMMISSIONER COLETTA: We've got that. We've had it in front of us numerous times. COMMISSIONER FIALA: Okay. COMMISSIONER COLETTA: Yeah. I'm not -- Donna, that's why I'm so confused on this. You know, the issues that you keep bringing up, we've already got into place. We've got checkbook concurrency in place, we have a list that shows us what the unbuilt capacity is. They figure that into the checkbook concurrency, they figure it into the recommendations that are given, so we find reason to doubt what's out there continuously. I agree with Commissioner Henning. I think he's got the right idea. I'm for bringing in some outside counsel, not only to deal with Page 214 February 28, 2006 our own land management, but also to be able to go over some of the issues that are before us as far as the state goes. I think Commissioner Coyle made a good point. There's probably a likelihood that this won't pass, the glitch bill. But if it does, it's going to be watered down. Mike Davis is out there doing the very best he can, Dudley Goodlette's giving him all the support in the world. The truth of the matter is, we don't have a lot of support out there. Collier County's not necessarily alone, but other people don't see the problem like we did. COMMISSIONER HENNING: Right. COMMISSIONER COLETTA: I'd love to have Nancy come down, along with her staff, and get them here, because they're up in Tallahassee, and they don't know how this whole thing comes together, and really dissect this so we have a good understanding where it is. Let's come to grips with the fear that we have and just face it head on. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Let me -- let me try to clarify that. Everybody -- well, not everybody. Some of the commissioners are speaking as if there was no change in the growth management bill. The growth management bill gutted our concurrency system, end of story. There is no argument about that. Everybody has said that, including that Thadeus Cohen in front of witnesses, two of who are sitting in this room right now. It is a recognized fact that that's what it did. Now, you say the concurrency system will work. Of course it will work if we're permitted to retain it. We don't know that we're going to be permitted to retain it, and that's the failure of that argument. Now, I tried to tell this commission when the -- when the growth management bill was introduced. I said, this is bad for Collier Page 215 February 28, 2006 County, and people said no. Let's trust our legislators. Everything's going to be okay. It went through and it got passed. I said, it's bad for Collier County. There still was no belief that it was going to hurt us. COMMISSIONER FIALA: Well, there was some belief. COMMISSIONER COYLE: Our own staff wrote reviews and said it is bad for Collier County, and we still have commissioners saying, well, no, it's not really. This is an imaginary fact. COMMISSIONER COLETTA: I'm not saying it is. COMMISSIONER COYLE: Well, but -- so let's do put it to bed. COMMISSIONER COLETTA: No, not put it to bed. Let's face it square on. COMMISSIONER COYLE: Okay. Let's face it square on. COMMISSIONER COLETTA: Let's bring them in and go through -- COMMISSIONER COYLE: No, no, no. Nancy Lanan-- Nancy Lanan is not going to answer the question. If you have to hire Nancy Lanan to get us a real-time concurrency system for transportation, that's the payoff, okay? COMMISSIONER COLETTA: And I don't agree. COMMISSIONER COYLE: But if you go to Nancy Lanan and you say, Nancy, if you believe we can have a tighter concurrency control system, then I want you to go to the DCA for us on our behalf and I want you to get a real-time transportation concurrency management system approved, and tell us what we need to do to support you. COMMISSIONER COLETTA: For one year. COMMISSIONER COYLE: Zero years. It ought to be exactly like -- COMMISSIONER COLETTA: We tried it and it didn't work. COMMISSIONER COYLE: Wait a minute. Well, wait a Page 216 February 28, 2006 minute now. If we can have a more -- a stricter concurrency management system, why did they disapprove us in the first place? COMMISSIONER HENNING: Because we wasn't financially feasible. COMMISSIONER COYLE: No, that's not it. That's what they told you. That was not it. They determined what is financially feasible. That is the problem. They won't let us determine what is financially feasible, but that's where the decision should be. When we go up to them and we tell them, this is a financially feasible plan, they shouldn't have anything to say about it, end of story . COMMISSIONER HENNING: Ifwe had all our backlog taken care of, it would have been a financially-feasible plan, or if we would have lowered the level of service on the existing roads, we would have had no problem. That's where the-- COMMISSIONER COYLE: I don't believe that, and we've had staff sit right there at a table in front of two, three legislators, and say that DCA was unreasonable when we went there to try to get a tougher concurrency system. They said that. We've got it in the minutes of the meetings. So I'm not buying into that argument that DCA is going to let us have it. I sat across the table from Thadeus Cohen, and I asked him if we could do that. He said no. Didn't he? MR. MUDD: (Nods head.) COMMISSIONER COYLE: Okay? So he said no. Now, let's call everybody's hands. Let's not ask a lawyer to tell us whether or not we can do it. Let's do it. Let's go in for a real-time transportation concurrency system. Let's ask DCA. Will you let us have this? CHAIRMAN HALAS: What they'll do is probably tell us we have to lower the level of service. Page 217 February 28, 2006 COMMISSIONER COYLE: Well, let them tell us-- CHAIRMAN HALAS: Yeah. COMMISSIONER COYLE: -- what we have to do. COMMISSIONER HENNING: That's a given as far as my opinion. I still respect you in your opinion, but I just disagree with your opinion on this whole issue, Commissioner. CHAIRMAN HALAS: What bothers me is, I'd like to get a little more direction on the proportionate share to make sure that we address a TCMA, and that really bothers me as far as a proportionate share on a particular roadway. If it doesn't address a TCMA, since we've got a couple of those areas here within Collier County in the urban area, I have some real concerns. COMMISSIONER COYLE: They'll talk you around in circles if all you ask is for clarification. The only way we can do this is to say, give me a real-time concurrency management system. Put up or shut up, that's the only way we'll solve this argument. CHAIRMAN HALAS: Could -- Norm, could you shed a little light on this for us since we're in this hot discussion and maybe being -- the transportation expert you are. MR. FEDER: Commissioner, I'll try to. First of all, I think Commissioner Coyle is correct. If you read the specifics, our real-time concurrency, as it's structured, without some provision, can't exist because of the concept of proportionate share. Now, having said that, as we try to pursue some change in the legislation to allow us to keep what I think is a very good system that we have, if we're not successful there -- and I think we wait to find out if we're successful -- then we can go back to proportionate share and structure that thing based on home rule to give us some opportunities that won't be quite the same as what we have today if we're not allowed to keep that, but under proportionate share, you can go after the backlog as well as the actual needs of the capacity of that proj ect. Page 218 February 28, 2006 What I mean by that, if you have a project out in the fifth year, and under the state's provision you're able to come in and say, okay, I'm affecting X segment of roadway but you've got a construction project in the fifth year, your proportionate share needs to be developed in a manner and enough of a zoning that they can't just pay their proportionate share on that one construction project, but rather have to pay a proportionate share for all the other needs. CHAIRMAN HALAS: That's in a TCMA? MR. FEDER: Then they get to decide if they're ready to pay that level. And if they're not ready to pay that level based on your proportionate share, then they can't pay a proportionate share and go, and we're closer to what our system is today. If they can pay it, well, it depends how we structured it, sir. And maybe we'd be happy if they were willing to pay. CHAIRMAN HALAS: Okay. MR. FEDER: So I'm saying, I think we have some options, but I do agree with Commissioner Coyle that with proportionate share in there -- which appears from what I'm hearing out of DCA and the governor's office even in recent meetings -- they're not willing to give up, but I guess we'll find out. If they don't give up proportionate share, that does allow pay and go, depending upon how we structure proportionate share, and I think that's what we're going to have to look in our home rule if we're not successful in getting them to allow us to maintain our system or some parallel system that we find to be real-time, then we need to make sure proportionate share doesn't undercut our ability to have a system that is generally real-time concurrency. CHAIRMAN HALAS: You're covering -- when you say that, you're commenting on -- also talking about TCMAs then, too, right? MR. FEDER: Yes, in all of our system. We'd have to rethink the whole thing. And I understand right now what we're trying to do is ask that we be able to maintain what is probably one of the most Page 219 February 28, 2006 stringent, but nonetheless a very viable system that was just getting its feet under itself and starting to work. And people said, why'd you approve that? That was something well before the system came into effect, and it was starting to work, and then all of a sudden we have this issue, which predominantly, it's the proportionate share portion of that, which I understand, a lot of people don't want to give up, to allow someone security of being able to pay and go. That's probably the one that we need to most figure out how we can work with that locally if we're unable to get the ability to maintain our system or something close to it. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: So can I ask a question then? As long as we're talking about pay and go-- MR. FEDER: As long as you understand that I don't have all the answers, but yes. COMMISSIONER FIALA: Okay. Well, I need to understand a little bit. Right now we have the security of concurrency kicking in if a road can't accommodate the traffic generated by a certain developer, whatever. MR. FEDER: As long as that construction's not in the first two years, that's correct. COMMISSIONER FIALA: Right. But with this proportionate share or pay as you go, they just pay their money to build the road and they build regardless of whether the road is completed or not, or we can get that road built in the time that they're completed? They can just build? That gives them the privilege to do that? MR. FEDER: There is technically that possibility, depending upon -- first of all, there's a model proportionate share ordinance. What role that model takes and how much flexibility we have from that becomes very important. If we're able to develop a proportionate share that doesn't allow Page 220 February 28, 2006 them just to take -- first of all, it has to be a construction phase within the five years of your improvement program. Then, again, you have to have improvements identified to meet your level of service. That's sort of the -- CHAIRMAN HALAS: Catchall. MR. FEDER: -- dual edge of the issue, okay? So if it's within your five years, then theoretically a proportionate share can be paid. Now, the issue is, what is a proportionate share? As I understand it, proportionate share is not only for the capacity for what you're creating as demand, your proportion of that, but is also a proportion of making up all the backlog that exists, depending upon how specifically structured or allowed to be structured. Did I answer your question, Commissioner? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Let me just say that an ordinance is something that does not have to be approved by Tallahassee. It stays here and it's a local control, whatever the board wishes. MR. FEDER: The only thing I could add to that-- COMMISSIONER HENNING: We can just do our own thing. MR. FEDER: I'll defer to legal on that. But one thing I will say, you've got a model proportionate share ordinance. And that's why my caveat is, you need to make sure that if we're very vastly different, are we going to be able to uphold that? COMMISSIONER HENNING: What's a model? MR. MUDD: The model proportionate share ordinance was developed by the Florida Department of Transportation with a whole host of other folks that were put together, and they just basically sent that out as of yesterday, that everybody got a copy. Now, I'm not -- the preliminary review of this model that I just saw -- and I'm not saying -- and they might say everybody's got to enact the model. The model that I read yesterday doesn't let us make Page 221 February 28, 2006 the thing so ominous that nobody's ever going to take it. What Norman just described to you is you make your -- you make your proportionate fair share so painful, okay, that nobody in their right mind -- painful monetarily -- that nobody in their right mind will take it, and, therefore, if they don't take it, then your two-year concurrency's still intact, okay? And I believe there's going to be a whole host of people after we've had this discussion today, okay, that are going to make sure that that doesn't happen. And so, you know, if we had the thought, I'm not too sure it's still going to be a thought after this is over. I will just tell you, the model that I read yesterday doesn't let you pay for past sins. It's only what that particular development has to do with that particular segment in the future. MR. FEDER: And even not making it so ominous, you can go to backlog and that's the question that we'll have to see in the model ordinance and how it's structured. But what I'm saying is, we do have to wait for our options. The first question is, is the legislature going to allow us to keep the system that we have today? COMMISSIONER HENNING: Well, I would say, let's ask our delegation to pull the glitch, because, what I'm hearing, it's not going to happen. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER HENNING: And why don't we just proceed with a proportionate share ordinance so we can keep the concurrency system as it is today? COMMISSIONER COYLE: Because that is not correct. If you proceed with proportionate share, you do not have a concurrency system. And I will tell you with almost complete certainty that the proportionate share scheme in this growth management plan was designed to eliminate impact fees, end of story. That's the purpose of Page 222 February 28, 2006 the proportionate share system, to take -- CHAIRMAN HALAS: Circumvent. COMMISSIONER COYLE: -- take away impact fees. CHAIRMAN HALAS: Circumvent. COMMISSIONER COYLE: And that's where it will go ultimately. Now, the model proportionate share ordinance was prepared under contract by the transportation management department at the University of Florida, and it is not likely to produce the result we would like to have. There are many questions that have not been answered about that, and it does have to be submitted to DCA for approval. So we can't necessarily put onerous provisions in there and get away with it because DCA is going to control every step of the way. Because that's going to become part of our growth management plan provision and it is subject to their approval. Furthermore, there is a possibility that the state Department of Transportation might be involved in the approval of that process, because they're the ones who have to implement the fair share ordinance first. They're the ones that are required to implement. COMMISSIONER HENNING: And I apologize if I misspoke, because obviously the -- your perception of what I said is not what I meant. I said, why don't we prepare an ordinance to fit our concurrency of what we want, okay? And like the county manager said, make it so painful so that we stay within our concurrency management plan that we all adopted. COMMISSIONER COYLE: I would be happy to see somebody draft that. I don't think it can be approved. CHAIRMAN HALAS: Until we find out what DCA's going to do, I think, first. COMMISSIONER HENNING: Yeah. COMMISSIONER COYLE: But I'd be happy to give it a shot. COMMISSIONER HENNING: Yeah. I think -- you know, Page 223 February 28, 2006 working with government as a business person, you try to work with the law by making it as less painful as possible. And if we can stay whole, let's try it. Let's try to stay whole and create an ordinance, a local control ordinance, to get where we can get to have our concurrency. COMMISSIONER COYLE: That's why I proposed the action that this board took with respect to the preparation of the AUIR in the capital improvement plan. If they don't have anything in the first two years for construction that they can hang their hat on, they can't use proportionate share, so that's why I'm suggesting we not put it in there until it's absolutely certain. That doesn't mean we don't plan for it. We try to get it done as quickly as possible, but if it's not in the capital improvement plan in the first three years, they can't use proportionate share, and that's why I propose that. And it is a way to get around this problem and to solve it, but it's messy, and it requires enough votes on this commission to -- and the understanding and support of it, to get it done. But we have at least approved that as a strategy, and the staff is moving in that direction. I hope we will continue on that path, because that's exactly what you're asking for, is to find a way to do that. COMMISSIONER HENNING: Well, the thing is, is how do we dedicate funds to something that's not in our two- or three-year plan? CHAIRMAN HALAS: Because you can't stop building roads. COMMISSIONER COLETTA: Where do you get the grant money? You can't get the grant money if you don't have it in your plan. COMMISSIONER HENNING: And then as it was -- understanding in our staff is, we're doing a -- I think it was a rate of growth or for a moratorium. You're preparing to -- no. MR. WEIGEL: No direction. Page 224 February 28, 2006 COMMISSIONER HENNING: We've been throwing arrows at this target for quite a while. I get kind of confused at what we're doing. CHAIRMAN HALAS: What I'm really worried about is that we get ourselves in a situation that was just brought up briefly here about not being available to have grants because we don't have anything in our AUIR or our EAR report, and we sure don't want to get back in the same mode that we were a few years ago where we didn't build any roads, and I'm really concerned in the direction that we're going at the present time. COMMISSIONER COLETTA: I share your concern, sir. COMMISSIONER COYLE: What grants have we lost? What grants have we even received for a road? COMMISSIONER HENNING: Collier Boulevard is one. What was the other one? COMMISSIONER COYLE: We lost $30 million on that deal. CHAIRMAN HALAS: That's why we're going to Washington to try to get some more grant money in regards to interchange improvements and opening up interchanges, and I just hope that we don't get ourselves in a box here where we're not going to be eligible. COMMISSIONER COLETTA: Mr. Feder, could you enlighten us on what the process is as far as receiving these grants? MR. FEDER: We've got a couple of things for the MPO process, and we'll work through them. We'll get the direction from this board, and then we'll try to work through them. Some of the grants, depending upon what we go for, we may have to show them once we get the grant. There's some we may have some difficulty if we're not showing the construction phase to match. So we're going to have to sort through those issues as well. COMMISSIONER COLETTA: What kind of money are we talking about? MR. FEDER: The other thing I will point out to you -- and I'm Page 225 February 28, 2006 not trying to complicate matters, but if we don't show the construction phases, we still move on production, bringing production and construct this as we anticipate as best we can to deliver, as I understand what we're trying to do right now. One concern that we're going to have is as we submit that, we're going to probably have to lower our level of service until we bring that construction in, because then it won't be found to be cost feasible. Part of the 360 provides that you have to have the projects that will maintain the level of service that you establish as a body. So it may need to lower the level of service not to show those construction phases until the fact they're produced and ready to be brought forward to construction. COMMISSIONER COLETTA: Still haven't got the answer on the grant money. MR. FEDER: On the grant money, I can't tell you totally that if I don't show construction phases I'm going to lose grant money. We've gotten some grant money recently. There's trip funds out there where you have to show matching. So if we're going to go after it, I'd have to show that I'm going to commit that construction dollars. I don't know if I have to show it until I get it, to be honest. So I'm not sure what the implications would be. I don't think we are talking about shutting down shop and saying we're not going to do anything. Whether or not showing a construction phase in that first year to get the grant in the first year is required, I guess we'd come across that bridge when we have to and bring that up to you at that time. COMMISSIONER COYLE: PD&E funds are considered matching, right? You've got PD&E funds programmed? MR. FEDER: Yeah. COMMISSIONER COYLE: That's considered matching funds. MR. FEDER: Any of the phases. But when you get to the Page 226 February 28, 2006 construction phase -- but then if we have to, then we'd come to you and ask if we add that into that program in the first or second year, I guess. COMMISSIONER COYLE: You're not going to lose any money. COMMISSIONER HENNING: I think that we have some tools that we can use to have the concurrency plan, and we need to try to utilize as many as we can. COMMISSIONER COYLE: That's what we're trying to do. That's what I mean by that AUIR and not putting construction in the first two years. Those are the only tools you've got left. COMMISSIONER HENNING: Well-- and I think the proportionate share that we can -- ordinance that we can do that. But, you know -- CHAIRMAN HALAS: The question-- COMMISSIONER HENNING: -- preparing for this agenda item knowing that it's infertile to even do that, or staff preparing for it, I just think that we need to find more efficient ways by just saying that it doesn't fit what we think is good for the community, and if we can try to be more efficient with our agenda item, and it has some certainty in the community, it would sure make it easier for a lot of people, including ourselves. COMMISSIONER COYLE: Well, can I make a suggestion? Let's go back to your suggestion that we try to get a real-time concurrency system from DCA. Let's ask them. COMMISSIONER HENNING: Well, I think that was your suggestion. COMMISSIONER COYLE: You don't want to have a real-time concurrency system for transportation? COMMISSIONER HENNING: Well, I didn't -- it won't work. Yes, I do, but it won't, because we -- we still have some backlog. And if we were all caught up on our roads, I don't think that would Page 227 February 28, 2006 be an issue, or if we lower the level of service on our existing roads, and that isn't what our community wants to do, I think it would pass, pass the muster of the department of community development. But we all want real-time concurrency. CHAIRMAN HALAS: The question I have for Norm Feder, or any other staff member, what's your best guess this, supposedly, model that's now going to be presented, how quick do you think it's going to get through DCA so that we can get on with our lives here and figure out what we need to do to address the shortcomings? MR. FEDER: Again, I must confess, I'm not the expert here, but I'll tell you what I have heard or what I do know and then you can go with others (sic). Essentially on the proportionate share, we just got a copy of what came out of the model ordinance. There's more to be looked at there. The inference on this from the state has been that they're developing the requirements but leaving it to the locals to implement. If that were the case, then I'd feel more comfortable, but I don't know if that's going to be the case. The other thing I'll point out to you, and I think Commissioner Coyle touched on it a little bit, but actually you have to give a credit for impact fees, so proportionate share would be something above your impact fee process. But what is interesting is proportionate share also represents the state finally getting that impact fee they've also wanted and never could do at the state level, because the other part of proportionate share, and that's why Florida DOT did the model, is agreements with the state that you have to get into on state facilities and what the impacts are there, so they get to say something about it as well. So there's a lot of things we still don't know about proportionate share. But the only thing I was trying to point out is, that is the thing that undercuts our real-time concurrency. The question is, do we have any flexibility in what we do with proportionate share? Page 228 February 28, 2006 Again, not to try and undercut our options there because everybody's going to be out in front and talking about them if we ever do anything if, in fact, we don't get the ability to stay where we are. COMMISSIONER HALAS: What's your best guess that we'll get something addressed so that we -- at least we can come up and see if we can come up with something that's countering proportionate share? MR. FEDER: I think the thing was brought up regarding bringing in somebody extra, like Nancy Lanan, who got involved in this process. I think Florida DOT has expressed interest to come down. Now, that's a mixed bag, but we ought to take them up on it and see what they have to say about it. I think that staff can look at this model ordinance and try to evaluate it. Again, I think we're continuing right now to try and get the legislature to allow us to stay where we are. I don't know where that will go, but I think that's our first step. CHAIRMAN HALAS: Okay. MR. FEDER: If we're not there, we do need to figure out how we're going to work with this system. One approach, I think, is already out there in how we program. We're going to have some things we have to figure out there. The other one is -- and maybe in parallel with the other thing is proportionate share, and how do we approach that. CHAIRMAN HALAS: Well, my question, I guess is, when do you think this is going to be instituted exactly? MR. FEDER: Not after the legislature leaves town, and then there's going to be a big scramble to try and come in with proportionate share. I believe it's due -- MR. MUDD: December. MR. FEDER: December, yes. COMMISSIONER COYLE: Next year, December '07. December '06 is when the Department of Transportation has to Page 229 February 28, 2006 implement their proportionate share. MR. FEDER: And that's what I thought was '07. I was being told '06. COMMISSIONER COYLE: We don't have to submit ours until December '07. MR. FEDER: That's what I understood. CHAIRMAN HALAS: What I'm looking at is, once this model is approved, then we can start working behind the scenes to see what type of legislation that we can enact here in Collier County to counter some of the problems that may be before us. COMMISSIONER COYLE: Well, you see, the problem goes back to the same discussion Commissioner Henning and I have been having. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: Unless you do something, you're not going to get that answer. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: Unless you develop the ordinance, you're not going to find out ifit will work. Unless you ask DCA, you're not going to find out if they'll approve it, so -- and since you're not required to submit your proportionate share ordinance or implement it until 2007, we won't know until then what we're going to be able to do. So I would suggest, yes, let's quit talking about it and try something. Let's draft an ordinance. CHAIRMAN HALAS: We can't be in limbo like this. COMMISSIONER COYLE: That's right. We can't stay like this for two years. CHAIRMAN HALAS: We can't stay like this. COMMISSIONER COYLE: So let's draft something and see if it works. If it's an ordinance, let's try it. Let's -- but I'm suggesting to you that what we did with the AUIR and the capital improvements plan is the way to go. But you want to try something different, let's Page 230 February 28, 2006 give it a shot. I'm looking for ways to solve the problem. I don't want to debate them anymore. If you don't agree with me, then let's prove me wrong. Let's put up or shut up. Let's get the cards on the table and let's do something. CHAIRMAN HALAS: We've got to do something because we can't be in limbo like this, and we've got to move on. Life -- we've got too many -- we've got too many issues on the table. We've got to address a lot of growth that's coming here. We've got to come up with some kind of a plan. And I think the best thing to do is do something even if it's wrong. We can always come back and-- COMMISSIONER FIALA: When do we start putting together a plan? Right now? COMMISSIONER HENNING: Right now. COMMISSIONER FIALA: And how do we work it? How do we get going on it? COMMISSIONER HENNING: County manager, county attorney and -- CHAIRMAN HALAS: Transportation. COMMISSIONER FIALA: Yeah, transportation. COMMISSIONER HENNING: And our -- you might not agree with me, but our legal staff in Tallahassee. COMMISSIONER COYLE: I don't mind doing that, but what I'm -- all I'm saying to you is, let's have the legal staff produce something for us for approval rather than just telling us, oh, yeah, you've got the right to do it. I don't want to hear that anymore. I've heard that from as many double-talkers as I can take. MR. MUDD: Commissioner, I just want to make a correction to something that was said. You know, I'm looking at the F AC guidance yesterday, and it says, growth management. The Florida Department of Transportation has released the final version of the model ordinance of proportionate fair share mitigation of development impacts on transportation corridors. Page 231 February 28, 2006 Last year's growth management SB 360 requires a local -- requires all local governments to adopt a proportionate share mitigation -- COMMISSIONER COYLE: This year rather than next year, isn't it? MR. MUDD: -- ordinance for transportation by December of 2006. COMMISSIONER COYLE: That's right. That's right. MR. MUDD: So it's this year. COMMISSIONER COYLE: I had it wrong, sorry. MR. MUDD: And it's this December. COMMISSIONER COYLE: Yeah, that's right. The Department of Transportation had theirs in by December of2005, and we have-- MR. MUDD: We just got it. COMMISSIONER COYLE: And we have to get ours in by December this year. I was one year behind, you're right, okay. MR. MUDD: So, you know, we're in a pinch right now taking this model, okay, and trying to adjust it. And we're -- you know, we've already started. We've already started to review it, and we're going to be working on the thing in order to get it locked in so that we're rearing to go for the deadline, if not sooner. COMMISSIONER COYLE: And we don't know until December whether or not what we drafted is acceptable. COMMISSIONER HENNING: And I think there's some other tools. Also-- COMMISSIONER COYLE: Let's grab them. COMMISSIONER HENNING: Well, I think that we can demand that all comprehensive plan amendments go to the voters. COMMISSIONER COYLE: That's a possibility, too. COMMISSIONER HENNING: I mean, you know, it's -- I think we all want to get to the same place, Commissioner Coyle. It's just how we get there, and it's just been very painful the last couple of Page 232 February 28, 2006 months. And I agree with you, the capital improvement plan, taking those elements out. The fear is, I see it and I hear it from Commissioner Coletta, is, he has a heartburn that those projects are not going to get done. That's very important to all of us. COMMISSIONER COYLE: Well, we've got control over it. We're the ones who vote on it. So Commissioner Coletta will have an opportunity to debate those if they come up and it looks like they're getting delayed by -- and that's not the intent by anybody . We're not COMMISSIONER HENNING: Well, the eminent domain for right-of-way takes a supermajority. COMMISSIONER COYLE: Okay, but you see, that doesn't involve construction. As long as you don't have the construction program for the first two or three years -- you can do all the planning, design and engineering, the right-of-way acquisition. You can do all of that, and you can put those in the first two years, and what that gives you is a couple of years leeway before somebody can jump in and say, here's my money, I'm going to go ahead and build, no matter -- that you haven't built your road, and that's what we're trying to stop because, can you imagine how unhappy Commissioner Coletta's constituents are going to be if we haven't started a road out there somewhere and a bunch of developers say, well, sorry, we're going to build anyway because you don't have anything to say about it anymore. Now, that's going to be worse than a slight delay in the road. And so, what I'm hoping is we won't have a delay but we won't schedule it until we're certain, and that's what I'm saying. CHAIRMAN HALAS: Without a contract. COMMISSIONER COYLE: When you know that you've got the money and you know that you've got a contract to deliver on time, that's when you schedule the construction phase, and then you knock Page 233 February 28, 2006 it out as quickly as you possibly can. But there is nothing to fear about that process because that puts us in control. If we don't do that, we're no longer in control. Somebody else is in control. And the consequences are going to be horrendous under those circumstances. CHAIRMAN HALAS: Well, again, we've got to figure out how this model's going to look when we get it approved by DCA. COMMISSIONER COYLE: I'll tell you, I think the current model has mathematical errors in it, and we need to get some engineers working on this thing. I'm not certain myself, but I'd like to CHAIRMAN HALAS: That's what I'm concerned about. COMMISSIONER HENNING: And, Commissioner, you don't feel that we have control by the action that we took under the AUIR? COMMISSIONER COYLE: Yes, I do. If you stick with that, I think you've got some control. COMMISSIONER HENNING: But is your -- is your concern about the Board of Commissioners sticking with that? COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: Yep, because I get a different argument about every time. You know, people are voting different ways about every time, so I don't know where the board's going. COMMISSIONER COLETTA: Wait a minute. You're talking about a vote on the different -- COMMISSIONER COYLE: AUIR, the AUIR or the concurrency Issue or -- COMMISSIONER COLETTA: Well, there's concerns about it, but it's still going through the process. And believe me, I'm listening. I'm not saying that you don't have -- your ideas aren't valid. I just want the assurance though that this isn't a ruse to try to be able to come up with a reason not to build. Page 234 February 28, 2006 COMMISSIONER COYLE: Why would I want to do that? COMMISSIONER COLETTA: Well, I can't think of a reason, but I lay awake at night thinking about these roads not getting built. COMMISSIONER COYLE: Well-- and I lie awake thinking about these roads not getting built and the builders going ahead and doing the construction. COMMISSIONER FIALA: That's what I'm worried about. COMMISSIONER COYLE: That's even worse. COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: And so if -- that's the thing I'm worried about. I've been on record as saying, I want the roads built now. I want the roads built before we approve development. That's what I'm really after here. And if we can get there, let's get there. COMMISSIONER FIALA: Right. COMMISSIONER HENNING: We're going to have to have the money to do that. COMMISSIONER COYLE: I know that, and that's a tough problem. COMMISSIONER COLETTA: I think I better qualify a statement I made earlier about a moratorium. The idea behind -- no, seriously. The idea behind a moratorium is we could never allow another developer to come through here with one of the projects and it's going to be an automatic refusal based upon the supermajority, then there has to be a certain amount of honesty to it, how we're going to handle it. Now, if we can just put everything off, pull it from the docket till we get to May and the assurance is here enough that we can be assured to be able to give them an honest shake for their money, I don't have a problem in the world. But if we get to the point we can't reach an agreement and we're down to a meltdown, I think we're going to be forced to do a moratorium, which is going to be an absolute disaster. Page 235 February 28, 2006 COMMISSIONER COYLE: You don't want the moratorium because the moratorium transfers the cost from the developer to the taxpayer. CHAIRMAN HALAS: The taxpayer. COMMISSIONER COYLE: And we don't want to do that. And so what we're doing is walking a fine line to try to control this thing so that -- CHAIRMAN HALAS: Without getting -- COMMISSIONER COYLE: -- we don't get there. CHAIRMAN HALAS: Yep, exactly. COMMISSIONER COYLE: And if -- you're right, we don't want to see that happen. But it's like walking through a mine field here, you know. So many problems have been thrown at us by this growth management bill that we simply don't have a clear path anymore. We've got to maneuver through this process, and we've got to think it out very, very carefully and make sure we don't take a misstep, because we take a misstep and we step on one of those mines, you think the traffic problems are bad now, just wait, they'll get way worse. COMMISSIONER HENNING: Commissioner, if you want the roads in -- and I know everybody does. But if we want the roads in before growth, our existing residents need to pay for it. COMMISSIONER COLETTA: No. COMMISSIONER HENNING: Ifwe have a delay of a year or our present concurrency, then growth gets to pay for that in the impact fees. COMMISSIONER COYLE: You see, I -- COMMISSIONER FIALA: We already have a lot of approved COMMISSIONER COYLE: That's the point. COMMISSIONER FIALA: -- and vested development already that will pay for those things so that we can get these roads built, and Page 236 February 28, 2006 I think what we're just saying is, let all of those things take place, get these roads built before we approve new and additional developments. COMMISSIONER COYLE: Now, remember -- I don't want to go all night with this, but -- COMMISSIONER COLETTA: You're doing a good job. COMMISSIONER COYLE: But remember that there's plenty of work to be done in the pipeline. CHAIRMAN HALAS: Oh, we've got tons. COMMISSIONER COYLE: And if we keep rezoning more to put in the pipelines, then we've got all of those people in the pipeline competing to get some share of what's left. And there's going to be a dwindling share of capacity and we're not going to be able to accommodate. So all I'm saying to you is, let's deal with our backlog now rather than making the backlog bigger. CHAIRMAN HALAS: Bigger. COMMISSIONER COYLE: And if we can just for a couple of years slow it down to the point where we can deal with it and catch up, then maybe we'll be in the position where we do have roads before development gets approved without transferring the cost to the current taxpayers. But if we keep filling up the pipeline and we have that competition, then you're right, the only way we can solve it is to throw more money at it. But I'm saying, give us a little time. CHAIRMAN HALAS: The other thing is -- COMMISSIONER COYLE: And let us do it right. CHAIRMAN HALAS: I think the other thing that we ought to look at too is, we're just one of 67 counties, and I'm sure that there's other high-growth counties within the -- that have impact fees, and they're going to be addressing the same issues we are, and once they figure out that they're going to have to slow stuff down, this may be a Page 237 February 28, 2006 golden opportunity to actually come back and readdress the bill 360. It may be that we're going to have to go through a period of pain here, because I think there's going to be -- like I said, I think there's going to be other counties that are going to be looking at this very carefully also. COMMISSIONER COYLE: They just have to get to the point where they understand it. CHAIRMAN HALAS: Yeah. COMMISSIONER COYLE: And I think county manager and others will tell you that not many counties in the State of Florida really have taken as strong a stand on growth management as we have. They don't understand it and they don't have that much to lose. We're out in front. We've got more to lose. And we don't want to get in the back of the pack anymore. We've been there, and I don't want to be there anymore. CHAIRMAN HALAS: Okay. Any other discussion? COMMISSIONER COYLE: I hope not. COMMISSIONER COLETTA: I think it's quite amazing. We've been at it now for like an hour and 20 minutes. CHAIRMAN HALAS: I think we've hashed out a lot of things. I think we also -- this is a good opportunity for us to air our concerns, and I think it also gives the people out there in TV Land an understanding of some of the problems that we, as commissioners, face on a daily basis, so -- COMMISSIONER FIALA: And these are things, I think-- COMMISSIONER COYLE: No one in their right mind is still watching this. COMMISSIONER COLETTA: Anybody that likes to sit out there and watch sausage being made has got to be a little bit sick. COMMISSIONER FIALA: Well, the important thing is, we're getting to talk with one another. We never get a chance to do that. COMMISSIONER COLETTA: True. Page 238 February 28, 2006 CHAIRMAN HALAS: We're out in the sunshine. COMMISSIONER FIALA: So we're putting our thoughts right out in the open so we can each weigh in on them. CHAIRMAN HALAS: Are there any other issues that we want to bring forth tonight? If not, we're going to adjourn this meeting. ***** Commissioner Coyle moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16A1 AGREEMENT FOR SALE AND PURCHASE WITH JACK ALEXANDER SNA Y FOR 4.24 ACRES AND IS LOCATED IN GOLDEN GATE ESTATES, UNIT 53, UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM (RED MAPLE SWAMP PRESERVE) - AT A COST NOT TO EXCEED $165.650.00 Item #16A2 AGREEMENT FOR SALE AND PURCHASE WITH SUNSHINE TRUSTS, LLC. FOR 4.04 ACRES AND IS LOCATED IN GOLDEN GATE ESTATES, UNIT 53, UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM (RED MAPLE SWAMP PRESERVE) - AT A COST NOT TO EXCEED $161.650.00 Item #16A3 AGREEMENT FOR SALE AND PURCHASE WITH ANA L. Page 239 February 28, 2006 GONZALEZ AND MARTA M. FAMADA FOR 1.14 ACRES AND IS LOCATED IN GOLDEN GATE ESTATES, UNIT 53,UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM (RED MAPLE SWAMP PRESERVE) - AT A COST NOT TO EXCEED $71.150.00 Item #16A4 RECORDING OF THE FINAL PLAT OF GOLDEN GATE ESTATES UNIT 48 TRACT 1, REPLAT, A SUBDIVISION LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY. FLORIDA Item #16A5 RECORDING OF THE FINAL PLAT OF ARROWHEAD RESERVE AT LAKE TRAFFORD BLOCK B, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- W/ STIPULATIONS Item # 16A6 RECORDING OF THE FINAL PLAT OF REFLECTION LAKES AT NAPLES UNIT II (PHASES II & III), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- W/STIPULATIONS Item #16A7 Page 240 February 28, 2006 CARNIVAL PERMIT 2006-02: PETITION CARNY -05-AR-8584, ANNIE ALVAREZ, ATHLETICS/SPECIAL EVENTS SUPERVISOR, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUESTING A PERMIT TO CONDUCT THE ANNUAL COUNTRY JAM ON MARCH 10 THROUGH 12,2006, AT THE VINEYARDS COMMUNITY PARK LOCATED AT 6231 ARBOR BOULEVARD - W / WAIVING OF THE SURETY BOND Item #16A8 FINAL ACCEPTANCE OF WATER UTILITY FACILITY FOR CEMETERY MAUSOLEUM AND CHAPEL AT PALM ROYALE, THE UTILITIES PERFORMANCE SECURITY WILL BE RELEASED TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A9 BUDGET AMENDMENT OF UP TO $24,000, FROM FY06 FUND 186 ADOPTED BUDGET, TO COVER A GAP IN SALARY FOR THE IMMOKALEE WEED AND SEED COORDINATOR POSITION. (THIS IS A COMPANION TO ITEM #16G1) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A10 - Moved to Item #17A Item #16A11 RESOLUTION 2006-42: RECORDING OF THE FINAL PLAT OF BRENTWOOD TWO, (COMPANION TO PETITION A VESMT2005-AR7203), AND AUTHORIZE ACCEPTANCE OF A CONVEYANCE OF A PORTION OF THIS PLAT, AND Page 241 February 28, 2006 AUTHORIZE THE CHAIRMAN TO CONVEY SAID PORTION TO FDOTFORTHE LOOP RAMP IMPROVEMENT FROM IMMOKALEE ROAD ONTO 1-75 - NEEDED FOR THE INTERCHANGE IMPROVEMENTS AND ROADW A Y CAP ACITY ALONG IMMOKALEE ROAD Item #16B1 BUDGET AMENDMENT RECOGNIZING INCREASED GRANT FUNDING FOR COLLIER AREA TRANSIT IN THE AMOUNT OF $141,498 FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) 5307 GRANT - THE FUNDS WILL BE USED FOR FLEET EXPENSE, BUS SHELTERS, BUS WRAPS, RADIOS AND THE PURCHASE OF AN ADDITIONAL BUS Item # 16B2 ADOPT-A-ROAD AGREEMENT ONE (1) FOR THE FOLLOWING: GABRIEL PENA-WEICHERT REALTORS INTERNET REALTY GROUP - NO COST IS ASSOCIATED WITH THIS AGREEMENT BECAUSE THE SIGNS ALREADY EXIST Item #16B3 REPAYMENT OF IMPACT FEES FOR THE US41 FROM SR 951 TO CR92 PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDY FROM GAS TAXES IN THE AMOUNT OF $813,200 - TRANSFER FROM THE GAS TAX FUND TO IMPACT FEES (DISTRICT 5) Item #16B4 - Withdrawn Page 242 February 28, 2006 CONTRACT #06-3905 "FIXED TERM ROAD SAFETY AUDIT SERVICES" TO THREE (3) FIRMS AT AN ESTIMATED COST OF $180,000.00 ANNUALLY - AWARDED TO KITTLESON & ASSOCIATES, INC., VANESSE HANGEN BRUSTIN, INC. AND TBE GROUP. INC. Item #16B5 WORK ORDER FOR WALL SYSTEMS OF FLORIDA DBA PROFESSIONAL BUILDING SYSTEMS FOR CONSTRUCTION OF THREE RCP STYLE BUS SHELTERS AND ADJOINING AMENITIES (CONTRACT #02-3349 ANNUAL CONTRACT FOR GENERAL CONSTRUCTION) FOR A BASE AMOUNT OF $83,789.00 AND CONTINGENCY OF $4,189.45 FOR A TOTAL OF $87,978.45 - TO INCREASE PUBLIC SAFETY TO RIDERS OF COLLIER AREA TRANSIT (CAT) BUS SYSTEM- LOCATED AT THREE (3) RADIO ROAD LOCATIONS Item #16B6 CONVERSION OF FIVE (5) DESK TOP COMPUTERS WITH FIVE (5) LAPTOP COMPUTERS FOR THE TRANSPORTATION ENGINEER INSPECTORS AT A COST OF $5,000 - TO INCREASE PRODUCTIVITY AND COMMUNICATE WITH OTHER STAFF WHILE EFFECTIVELY MONITORING THEIR ROAD PROJECTS Item #16B7 - Moved to Item #10F Item #16B8 Page 243 February 28, 2006 TWO LAKE MAINTENANCE AND DRAINAGE EASEMENTS FROM PULTE HOME CORPORATION AND THE ORANGE BLOSSOM RANCH NORTH AND SOUTH MASTER ASSOCIATIONS FOR THE PURPOSE OF RECORDING THE OR BOOK AND PAGE ON THE PREVIOUSLY BOARD APPROVED ORANGE BLOSSOM RANCH NORTH 1A AND 1B PLAT MAPS PRIOR TO THEIR RECORDATION IN THE PUBLIC RECORDS. - TO RECORD THE PLACEMENT OF EASEMENTS TO PREVENT CONSTRUCTION OVERLAYS AND DIFFICULTIES AT A LATER DATE Item #16C1 CHANGE ORDER #2 UNDER CONTRACT 02-3313 (PROFESSIONAL GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES FOR COLLIER COUNTY) TO WILSON MILLER, INC. IN THE AMOUNT OF $185,827.50 AND APPROVE THE NECESSARY BUDGET AMENDMENT - TO UPDATE AND PROVIDE TRAINING SUPPORT FOR GIS STAFF Item #16C2 WORK ORDER CDM-FT-3593-06-02 WITH CAMP, DRESSER, AND MCKEE, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF TAMIAMI WELL NO. 37 AND SERVICES DURING CONSTRUCTION FOR BOTH TAMIAMI WELLS NO. 34 AND NO. 37 IN THE AMOUNT OF $483,979.00 PROJECT NUMBER 70158 - THE PURPOSE OF THESE WELLS IS TO PROVIDE RELIABLE WATER SUPPLY FOR THE NORTH AND SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS TO MEET OPERATIONAL AND RELIABILITY NEEDS AND DEMAND IN COLLIER COUNTY Page 244 February 28, 2006 Item # 16C3 WORK ORDER CH2-FT-3785-06-01 CONTRACT 05-3785 "FIXED TERM UTILITY ENGINEERING SERVICES" TO CH2M HILL, INC. IN AN AMOUNT NOT TO EXCEED $200,000.00 TO PROVIDE PROFESSIONAL SERVICES FOR DESIGN OF PROJECT MANAGEMENT DOCUMENTATION TO SERVE THE COUNTY WIDE CAPITAL PROJECT DELIVERY PROCESS (CAPDEP), AND APPROVE THE NECESSARY BUDGET AMENDMENTS FOR PROJECT NUMBER 75006 - PROVIDING PROJECT MANAGERS WITH A MORE EFFICIENT PROJECT DELIVERY PROCESS, AND TO STANDARDIZE THIS PROCESS ACROSS ALL DIVISIONS IN COLLIER COUNTY Item #16C4 WORK ORDER HS-FT -3785-06-05 IN THE AMOUNT OF $150,000 TO HAZEN AND SAWYER, P.C., AND TO APPROVE THE NECESSARY BUDGET AMENDMENTS TO PERFORM A PROFESSIONAL ENGINEERING STUDY FOR A WASTEWATER TREATMENT CAPACITY ANALYSIS, A PROCESS ENHANCEMENT AND MODERNIZATION, AND A MAXIMIZATION AND OPTIMIZATION OF THE TOTAL OPERATION OF THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF), PROJECTS 750081 AND 750082 - TO INCREASE COLLIER COUNTY'S WASTEWATER RELIABILITY AND MEET THE PEAK SEWER DEMANDS OF COLLIER COUNTY'S WASTEWATER CUSTOMERS Item #16C5 Page 245 February 28, 2006 WORK ORDER MP-FT -3785-06-05 TO MALCOLM PIRNIE FOR THE ENGINEERING SERVICES IN THE AMOUNT OF $357,218 FOR THE DESIGN, MODELING, CONSTRUCTION PLANS, AND TECHNICAL SUPPORT OF PROBABLE IMPROVEMENTS AND UPGRADING TO THE EXISTING MASTER PUMP STATION, PROJECT 73945, PROJECT 73051 - TO ANALYZE THE AVAILABLE DATA ON SEVERAL PUMP STATIONS AND PROVIDE DESIGN SERVICES, TECHNICAL SUPPORT, CONSTRUCTION PLANS AND CONSTRUCTION INSPECTION FOR THE STATIONS Item # 16C6 BUDGET AMENDMENTS FOR $106,284.43 IN WATER IMPACT FEE CAPITAL PROJECTS FUND (411) AND $146,504.86 IN WATER USER RATE CAPITAL PROJECTS FUND (412) TO REIMBURSE THE AMOUNT THAT DID NOT ROLL FORWARD FROM FISCAL YEAR 2005 TO FISCAL YEAR 2006 Item #16C7 SUBMITTAL OF THE ATTACHED WATER SAVINGS INCENTIVE PROGRAM (SIP) GRANT APPLICATIONS TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR EACH PROJECT IN PUBLIC UTILITIES ENGINEERING DIVISIONS (PUED) CONSTRUCTION WATER SAVINGS PROGRAM - TO DEVELOP AND IMPLEMENT WATER CONSERVATION PROGRAMS Item #16C8 CONTRACT #06-3940 TO E.B. SIMMONDS ELECTRICAL, INC. Page 246 February 28, 2006 TO CONSTRUCT THE WASTEWATER COLLECTIONS LIFT STATION ELECTRICAL UPGRADES AND TELEMETRY ADDITIONS, IN THE AMOUNT OF $263,350.00, PROJECT 73922 - TO IMPROVE THE OVERALL WASTEWATER COLLECTIONS SYSTEM RELIABILITY Item #16C9 DRAW OF $11,000,000 AGAINST A PREVIOUSLY APPROVED LOCAL GOVERNMENT POOLED COMMERCIAL PAPER PROGRAM LOAN AGREEMENT; DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO BE THE AUTHORIZED SIGNOR OF THE DRAW AGREEMENT - TO CONSTRUCT WATER CAPITOL IMPROVEMENT PROJECTS Item #16D1 AWARD AND EXECUTE THE AGREEMENT FOR A $6,000 LIBRARY SERVICES & TECHNOLOGY GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR AN "ENGLISH LANGUAGE LEARNER SHORT STORY DISCUSSION PROGRAM;" AND TO APPROVE THE NECESSARY BUDGET AMENDMENT - GRANT MONEY WILL GO TOWARDS OFFSETTING THE COST OF STAFF TIME, TRAVEL EXPENSES. MATERIALS AND SUPPLIES Item # 16D2 APPLICATION AND MEMORANDUM OF UNDERSTANDING FOR A SAFE HAVEN: SUPERVISED VISITATION AND SAFE Page 247 February 28, 2006 EXCHANGE GRANT IN THE AMOUNT OF $350,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE - TO BE USED TO IMPROVE SUPERVISED VISITATION SERVICES, ENHANCE SECURITY AND EXPAND CENTER SERVICES Item #16D3 RESOLUTION 2006-43: AMENDING THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY - TO GENERATE REVENUE TO OFFSET PROGRAM AND FACILITIES COSTS Item #16D4 BUDGET AMENDMENT RECOGNIZING A DEVELOPER CONTRIBUTION OF $500,000 TOWARD THE V ANDERBIL T BEACH ACCESS #8 PROJECT - EXPANSION OF THE BEACH ACCESS NETWORK Item #16D5 OLDER AMERICANS ACTS CONTINUATION GRANT IN THE AMOUNT OF $858,413 AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. - NECESSARY FOR UNINTERRUPTED SUPPORT SERVICES TO SERVICES FOR SENIORS' FRAIL, ELDERLY CLIENTS FOR THE PERIOD OF JANUARY 1,2006 THROUGH DECEMBER 31, 2006 Page 248 February 28, 2006 Item #16E1 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 FIRST QUARTER OF FY 06 - TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER COUNTY Item # 16E2 FREEDOM MEMORIAL PARK MONUMENT APPLICATION FROM THE AMERICAN FOUNDATION FOR HUNGARIAN YOUTH AND CULTURE, INC. - TO PLACE A MONUMENT WITHIN THE MAIN GOVERNMENT COMPLEX NEAR THE NORTH PEDESTRIAN ENTRANCE Item #16E3 THE CITY OF EVERGLADES AND THE COLLIER COUNTY SCHOOL DISTRICT TO RECEIVE DONATION OF SURPLUS COUNTY ASSETS AUTHORIZED FOR SALE IN THE PUBLIC SURPLUS PROPERTY AUCTION SCHEDULED FOR MARCH 11.2006 - FOR THE DONATION OF 5 VEHICLES Item #16F1 PAYMENT FOR ONE-HALF OF THE INST ALLA TION OF AN EMERGENCY TRAFFIC SIGNAL FOR THE NEW EMS STATION #22 ON BA YSHORE DRIVE AND TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $73,778.25 - TO ALLOW EMERGENCY VEHICLES SAFE AND TIMELY Page 249 February 28, 2006 ACCESS TO BA YSHORE DRIVE Item #16F2 CHAIRMAN TO SIGN FORMS FOR THE NATIONAL ASSOCIATION OF COUNTIES (NACO) ACHIEVEMENT AWARDS - SEE EXECUTIVE SUMMARY FOR DESCRIPTION Item #16G 1 (CRA) EXPENDITURE OF UP TO $24,000, FROM FY06 FUND 186 ADOPTED BUDGET, TO COVER A GAP IN SALARY FOR THE IMMOKALEE WEED AND SEED COORDINATOR POSITION (COMPANION ITEM #16A9) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G2 SITE IMPROVEMENT GRANT AGREEMENTS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND GRANT APPLICANTS WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA ($40,000) - INCENTIVE FOR THE PRIVATE SECTOR TO INVEST IN THEIR PROPERTY Item #16H1 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HENNING TO ATTEND, AS AN EXECUTIVE BOARD MEMBER, THE SOUTHWEST FLORIDA REGIONAL STEWARDSHIP ALLIANCE MEETING AT THE COLONY BAY CLUB IN BONITA SPRINGS ON THURSDAY, FEBRUARY 2, Page 250 February 28, 2006 2006; $49.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H2 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE VETERAN SERVICES DEPARTMENT VOLUNTEER LUNCHEON ON FEBRUARY 16, 2006 AT THE ELKS LODGE; $15.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H3 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE NAPLES COMMUNITY HOSPITAL 50TH ANNIVERSARY CELEBRATION ON MARCH 4,2006 AT NCH; $30.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H4 PAYMENT FOR REIMBURSEMENT FROM COMMISSIONER HALAS TO ATTEND THE MARINE CORPS LEAGUE OF NAPLES PRESS DAY LUNCHEON ON MARCH 15, 2006 AT THE ELKS LODGE; $15.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H5 PAYMENT FOR REIMBURSEMENT FROM COMMISSIONER Page 251 February 28, 2006 HALAS TO ATTEND THE GULF CITRUS COUNTRY GALA ON MARCH 18,2006 AT LABELLE CIVIC CENTER; $50.00 TO BE PAID FROM COMMISSIONER HALAS ' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item # 16H6 PAYMENT FOR REIMBURSEMENT FROM COMMISSIONER COLETTA TO ATTEND THE MARJORIE STONEMAN DOUGLAS FESTIVAL'S HIGH TEA BUFFET ON FEBRUARY 20,2006 AT EVERGLADES CITY; $10.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H7 PAYMENT FOR REIMBURSEMENT FROM COMMISSIONER FIALA TO ATTEND THE MARINE CORPS LEAGUE OF NAPLES PRESS DAY LUNCHEON ON MARCH 15, 2006 AT THE ELKS CLUB; $15.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H8 APPOINTMENT OF A BCC REPRESENTATIVE ON THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL AS A DESIGNEE - COMMISSIONER COYLE APPOINTED Item #1611 Page 252 February 28, 2006 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 253 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 28,2006 1. FOR BOARD ACTION: A. No items for board action. 2. 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) January 14, 2006, through January 20,2006. (2) January 21, 2006, through January 27, 2006. (3) January 28, 2006, through February 3, 2006. B. Districts: (1) Naples Heritaoe Community Development District: Schedule of Meetings for Fiscal Year 2006. (2) Port of the Islands Community Improvement District: Minutes of October 28, 2005; Agenda of October 28, 2005; Minutes of November 18, 2005; Agenda of November 18, 2005. C. Minutes: (1) Collier County Citizens Corps Advisory Committee: Minutes of January 18, 2006; Agenda of January 18, 2006. (2) Collier County Contractors' Licensinq Board: Agenda of February 15, 2006. (3) Golden Gate Estates Land Trust Committee: Minutes of November 21,2005; Agenda of January 24,2005; Agenda of March 21,2005; Agenda of May 23,2005; Agenda of July 25, 2005; Agenda of September 26, 2005; Agenda of November 21,2005. (4) Golden Gate MSTU Advisory Committee: Agenda of February 14, 2006; Minutes of January 10, 2006. (5) Habitat Conservation Plan Advisory Committee: Agenda of February 6, 2006; Minutes of August 1, 2005; Minutes of :: DATA \Melanie\2006 Miscellaneous Correspondence\2.28.06 Misc. Corresp.doc August 15, 2005; Minutes of August 29, 2005; Minutes of September 7, 2005; Minutes of October 3, 2005; Minutes of November 7, 2005; Minutes of November 21, 2005; Minutes of December 5, 2005; Minutes of December 19, 2005. (6) Collier County Hispanic Affairs Advisory Board: Agenda for December 15, 2005; Minutes of December 15, 2005. (7) Immokalee Beautification MSTU Advisory Committee: Minutes of January 18, 2006; Agenda of February 15, 2006. (8) Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of January 19, 2006; Minutes of January 19, 2006. (9) Collier County Library Advisory Board: Agenda of January 26, 2006; Minutes of December 14, 2005. (10) Ochopee Fire Control District Advisory Board: Minutes of December 12, 2005; Minutes of April 5, 2004. (11) Parks and Recreation Advisory Board: Agenda of January 18, 2006; Minutes of December 21, 2005. (12) Pelican Bay Services Division: Agenda of February 1,2006; Minutes of January 4, 2006. (13) Collier County Plannina Commission: Agenda of January 19, 2006; Minutes of December 1, 2005; Notice of Cancellation of the February 2, 2006 meeting; Agenda of February 16, 2006. (14) Productivity Committee: Agenda of December 21,2005; Minutes of December 21, 2005; Fire Impact Fee Study Ochopee and Isles of Capri. (a) Park Impact Fee Subcommittee: Minutes of January 13, 2006. (15) Vanderbilt Beach MSTU Advisory Committee: Agenda of February 2, 2006; Minutes of January 5, 2006. D. Other: (1) Riviera Golf Estates Homeowners Association, Inc.: Agenda for Annual Members Meeting schedule for February 22, 2006. H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.28.06 Misc. Corresp.doc February 28, 2006 Item #16K1 AGREED ORDER AWARDING EXPERT WITNESS FEES AND COSTS AS TO PARCELS 135, 735A & 735B IN THE LAWSUIT STYLED COLLIER COUNTY V. W AL-MART STORES, INC., ET AL., CASE NO. 04-3632-CA (IMMOKALEE ROAD PROJECT #66042). (FISCAL IMPACT $155.409.35 Item #16K2 AGREED ORDER AWARDING EXPERT WITNESS FEES AND COSTS AS TO PARCELS 162 & 762 IN THE LAWSUIT STYLED COLLIER COUNTY V. BEVERLY J GATTL ET AL., CASE NO. 03- 2551-CA (GOLDEN GATE PARKWAY PROJECT #60027). (FISCAL IMPACT $7,500.00: $5000.00 TO ERICKSON APPRAISALS. INC. AND $2.500.00 TO DMA ENGINEERING Item #16K3 STIPULATED FINAL ORDER AS TO HOME DEPOTS INTEREST IN PARCEL 103 IN THE LAWSUIT STYLED COLLIER COUNTY V. OCEAN BOULEVARD PARTNERSHIP, ET AL, CASE NO. 04-4300-CA (IMMOKALEE ROAD PROJECT NO. 66042). (FISCAL IMPACT $2,800.00) - FOR ENGINEERING AND ATTORNEY'S FEES Item #16K4 AGREED ORDER AWARDING EXPERT FEES AND COSTS ASSOCIATED WITH THE TAKING OF PARCELS 106 AND 706 IN THE LAWSUIT STYLED COLLIER COUNTY V. LOUIS E. CERMINARA, ET AL., CASE NO. 05-0620-CA (COLLIER Page 254 February 28, 2006 BOULEVARD (CR 951) PROJECT #65061). (FISCAL IMPACT $14.500.00) Item #16K5 AGREED ORDER AWARDING EXPERT FEES AND COSTS ASSOCIATED WITH THE TAKING OF PARCELS 107 AND 707 IN THE LAWSUIT STYLED COLLIER COUNTY V. LOUIS E. CERMINARA, ET AL., CASE NO. 05-0620-CA (COLLIER BOULEVARD (CR 951) PROJECT #65061). (FISCAL IMPACT $13.700.00) Item # 16K6 AGREED ORDER AWARDING EXPERT FEES AND COSTS ASSOCIATED WITH THE TAKING OF PARCELS 108 AND 708 IN THE LAWSUIT STYLED COLLIER COUNTY V. LOUIS E. CERMINARA, ET AL., CASE NO. 05-0620-CA (COLLIER BOULEVARD (CR 951) PROJECT #65061). (FISCAL IMPACT $12.500.00) Item #16K7 AGREED ORDER AWARDING EXPERT FEES AND COSTS ASSOCIATED WITH THE TAKING OF PARCELS 109 AND 709 IN THE LAWSUIT STYLED COLLIER COUNTY V. SUSAN C. HALLOCK, ET AL., CASE NO. 05-0646-CA (COLLIER BOULEVARD (CR 951) PROJECT #65061). (FISCAL IMPACT $12.500.00) Item #16K8 Page 255 February 28, 2006 OFFER OF JUDGMENT AND APPROVE A STIPULATED FINAL JUDGMENT FOR PARCEL NO. 146 IN THE LAWSUIT STYLED COLLIER COUNTY V. ZIAD SHAHLA, ET AL., CASE NO. 04-600- CA (VANDERBILT BEACH ROAD PROJECT #63051). (FISCAL IMPACT $8,539.00) - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16K9 STIPULATED ORDER TAXING EXPERT WITNESS FEES AND COSTS AS TO PARCEL 177 IN THE LAWSUIT STYLED COLLIER COUNTY V. BIG CORKSCREW ISLAND FIRE DISTRICT, ET AL., CASE NO. 02-2218-CA (IMMOKALEE ROAD PROJECT #60018). (FISCAL IMPACT $11,500.00) - STAFF TO PAY THE SUM TO ROETZEL AND ANDRESS TRUST ACCOUNT Item #16K10 SETTLEMENT AGREEMENT AND RELEASE WITH J.C. DRAINFIELD REPAIR, INC. ARISING OUT OF VIOLATIONS OF ORDINANCE NO. 2003-18, THE INDUSTRIAL PRETREATMENT ORDINANCE - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 1 7 A - Moved from Item # 16A 10 RESOLUTION 2006-44: A VESMT2005-AR7203 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THREE 30 FOOT WIDE RIGHT OF WAY RESERVATIONS AS RECORDED IN O.R. BOOK 313, PAGE 41, O.R. BOOK 342, PAGE 192 AND O.R. BOOK 1048, Page 256 February 28, 2006 PAGE 1968, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (COMPANION TO FINAL PLAT APPROVAL OF BRENTWOOD TWO) - W/ STIPULATIONS ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:20 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~~~ FRANK HALAS, C aIrman ATTEST: . DWIGHTE. B QCK, CLERK BY:~. k These minutes approved py the Board on ~ ~ I J.(5[{-" as presented / or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 257