Loading...
Backup Documents 02/10/2009 Item #16I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 10, 2009 16r 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of December 1, 2008. 2) Airport Authoritv: Minutes of October 6, 2008; November 11, 2008 w/Form 8B Conflict of Interest, dated 11/10/08 by David Gardner; December 8, 2008. 3) Collier County Citizens Corps: Agenda of November 19, 2008. Minutes of November 19, 2008. 4) Collier Count v Coastal Advisorv Committee: Minutes of November 13, 2008; December 11,2008. 5) Collier County Planning Commission: Agenda of January 15,2009. Minutes of November 20, 2008; December 4, 2008; December 9, 2008 Special Session. 6) Contractors Licensing Board: Minutes of December 17, 2008. 7) Deve]opment Services Advisorv Committee: Minutes of December 3, 2008. 8) Forest Lakes Roadwav and Drainage Advisorv Committee: Agenda of November 12,2008. Minutes of October 8,2008. 9) Golden Gate Beautification Advisorv Committee: Agenda of January ]3,2009. Minutes of September 9,2008; December 11, 2008. 10) Hispanic Affairs Advisorv Board: Minutes of October 23,2008. 11) Isles of Capri Fire Control District Advisory Committee: Agenda of December 4, 2008. Minutes of December 4, 2008. 12) Land Acquisition Advisory Committee: Minutes of December 8, 2008. 13) Library Advisory Board: Minutes of December 9, 2008. 14) Ochopee Fire Control District Advisory Committee: Minutes of December 8, 2008. 15) Parks and Recreation Advisory Board: Minutes of December 17, 2008. 16) Pelican Bay Services Division Board: Agenda of December 3, 2008. Minutes of December 3, 2008. 17) Radio Road Beautification Advisory Committee: Agenda of November 18, 2008. Minutes of October 21,2008. 18) Rura] Lands Stewardship Area Review Committee: Minutes of December 18, 2008. 19) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of December 4, 2008. Minutes of October 23,'2!J08. B. Other: 1) Code Enforcement Special Magistrate: Minutes of December 5, 2008. Fiala o~/$- Halas ./ Jb' Henning5 Coyle ~ JAN 1 ~ 2009 Coletta --- K"",,j"fCountyMl'~S OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE 161 1~( r~.<;EIVED lJ~cember I, 2008 Naples, Florida, December 1, 2008 LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at Naples City Hall, Multi-media Conference Room, 2nd floor, Naples, Florida, with the following members present: CHAIRMAN: Vice-Chair: Stephen Hruby James Warnken John Cowan Cormac Giblin Brian Goguen Christine Jones (Excused) Kenneth Kelly (Excused) Sally Masters (Excused) James Pusateri Bradley Schiffer Chris Spencer-Alternate (Absent) ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services Frank Ramsey, Housing Manager Mise Corres: Priscilla Doria, SHIP Loan Processor D I I 'i'\ O? Date__?:: _L~~. , Hit l i)A \ 16DeLber ~oofr I 1. Call to Order The meeting was called to order by Chairman Steve Hruby at 3:07 PM. Chairman Hruby read the procedures to be followed during the Meeting. 2. Introduction of Committee Members and Staff Chairman Hruby called the roll and a quorum was established. 3. Approval of Minutes The following corrections were noted: . Page 3, under Item "D," $3.9 Million is changed to $3.9 Billion . Page 4, second paragraph, "A]M" is changed to "AMI" (2 locations) · Page 5, under Item "E," May 15,2008 is changed to May 15,2009 . Page 5, under Item "F," "AIM" is changed to "AMI" · Page 5, under "Renta]s," the second figure of $751 is changed to 24%. Chairman Hruby referenced the third sentence on Page 5: "Ms. Krumbine asked if a letter from the AHAC could be sent to the Board of County Commissioners supporting the Action Plan for the program." He stated no action had been taken by the Committee, but the Board did approve the NSP ("Neighborhood Stabilization Program") Action Plan at its last meeting. James Pusateri moved to approve the Minutes of the November 10,2008 Meeting as amended. Second by Brian Goguen. Carried unanimously, 7-0. 4. Approval of Agenda Marcy Krumbine stated the Agenda was changed after it was initially distributed to the Committee, and Subparagraph "c. Mileage reimbursement information," was added to Item 5, under "Information Items Only." She further stated in October, 2008, Christine Jones volunteered to serve on the RFP ("Request for Proposal") Review Committee for the NSP ("Neighborhood Stabilization Program"). Item 7 of the Agenda refers to a different grant application review committee. Vice Chairman Jim Warnken moved to approve the Agenda as amended. Second by Jim Pusateri. Carried unanimously, 7-0. 5. Information Items a. HUD report on Impact Fees - Staff A copy of "Impact Fees and Housing Affordability, a Guide for Practitioners," provided by Cormac Giblin, was published by the U.S. Department of Housing and Urban Development, Office of Policy Development and Research, and distributed to the members. Cormac Giblin stated the document had been published in June, but was released to the general public within the past month. He stated there were severa] references to Collier County indicating it was on the right track regarding the Impact Fee Deferral Program. References to "best practices" from around the country were included in the document. 2 161 lA--\ December 1, 2008 Frank Ramsey will send a copy to the Productivity Committee for distribution. Chairman Hruby suggested the Subcommittee on Affordable Workforce Housing should review the document. b. Update on BCC Agenda Items (NSP and State of Housing presentation) - Marcy Krumbine The State of Housing address will be presented at the December 2, 2008 meeting of the Board of County Commissioners. Mary Krumbine stated the NSP ("Neighborhood Stabilization Program") was approved by the BCC via the Consent Agenda. Housing and Human Deve]opment's NSP Action Plan was electronically submitted to HUD on November 26, 2008 and a copy was sent via overnight delivery. The deadline for submission is December 1, 2008. She stated Community Development's concerns regarding "over-saturation" of certain geographic areas will be discussed by the BCC at the meeting and the issue may become contentious. Some ofH&HS' programs have been changed and those changes may be overlooked. Cormac Giblin stated the Executive Summary's figures concerning affordable housing in East Naples appeared to be inflated and referenced the inclusion of inappropriate housing, i.e., trailer parks and luxury trailer parks. Density Bonuses will not be approved in areas considered to be "saturated" based on the editorialized Executive Summary. In response to a Committee member's question, Ms. Krumbine stated revisions to H&HS' initial slide presentation were requested by Joseph Schmitt, Administrator, Community Development and Environmental Services. There was discussion concerning the purpose of "affordable housing," i,e., to place income qualified individuals into housing. The assessed or appraised value is not considered when designating a property as "affordab]e housing." In order to be considered as "affordable," single-family houses and rental properties must adhere to income qualification restrictions. The term "affordable housing" is being confused with "market-rate affordability" which is not income restricted. Without long-term restrictions, housing will not remain "affordable" in the future. One of the Committee members who attended the BCC presentation stated he was left with the impression that affordable housing was not necessary in East Naples and new construction in East Nap]es will not be allowed. It is a Fair Housing issue. Ms. Krumbine pointed out the Executive Summary did state that Inclusionary Zoning is the best way to ensure that affordable housing units will be spread throughout the County. Public Speaker: Dr. Sam Durso, Habitat for Humanity, stated East Naples has improved in the past 16 years due to the Habitat for Humanity communities. He stated the County Sheriffs office 3 161 1 A-I December I. 2008 supports the Habitat communities due to the low crime rates. He stated he was told 16 years ago by a County Commissioner that Habitat should only build in Immokalee. He further stated the BCC's position borders on bigotry. Dr. Durso agreed there are a number of "junky" houses in East Nap]es that should be eliminated. The best way is to rehab those properties and to buy lots for future building. There is a difference between "affordable housing" and houses that are affordable due to current market price reductions. Habitat's goal is to provide people with a better place to live. Discussion continued. The BCC wants to encourage a mix of moderate income and Essential Services Personnel families in the area. The School Board's statistics reported low and very low income families comprise approximately 70% of the East Naples District. Upscale restaurants and retail/commercial developments are not attracted to the area because the population simply cannot afford to patronize "upscale" businesses. The concentration of poverty versus the concentration of affordable housing was discussed. One suggestion was to designate a redevelopment area in which to build good quality affordable and mixed-income housing so families presently living in marginal houses could move into a better grade of housing. To eliminate blighted areas, less desirable houses should be rehabilitated and placed back into the market. Another point made was houses built 30+ years ago are perceived to be less attractive or sub-standard because they are not "Coastal" models and contrast sharply with the higher-end communities in East Naples, i.e., Le]y Resort, Fiddler's Creek and Trevisio Bay which is under construction. Moderate and ESP families should be solicited but the schools must be improved and incentives offered to purchase or renovate in the area in order to attract the families. Another issue discussed was funding and how to funnel funding to work with the existing stock of homes. Public Speaker: John Barlow, HOME, stated the issue should be turned into an opportunity to develop strategies, such as Inclusionary Zoning, as well as a transitional strategy with options. The needs of each particular area should be determined for retail and commercial development, in addition to housing, and a plan created to develop improvements. Support from the private sector is a necessary component in order to motivate redevelopment. Marcy Krumbine stated the purpose of the State of Housing address is to update the BCC on current market changes, to provide information concerning the affordability index, the status of foreclosures, the median list price of properties, and the current median sales price, Information on rentals will also be provided. Discussion ensued concerning the impact of the economy on the housing market. Dr. Durso stated applications in Immoka]ee previously averaged 10 per month, but now Habitat receives approximately 3 applications per month. He stated residents have simply 4 161 1 A-l December 1, 2008 moved away because they can no longer atford to live in the community. c. Mileage reimbursement information - Marcy Krumbine The new forms were distributed. The BCC has authorized mileage expenses if the round- trip is more than 20 miles. Each member is to submit the form at the last meeting of the Committee. 6. Presentation of the 2008 Incentive Review and Recommendations Report - Steve Hruby and Frank Ramsey Copies of the draft of the Report were distributed. Frank Ramsey outlined the Incentives contained in the Report and the Recommendations for each including: . Expedited Permitting . Impact Fee Waivers and Modifications . Density Flexibility . Reservation of Infrastructure . Accessory Dwelling Units . Parking and Setbacks . Flexible Lot Configurations . Street Requirements . Oversight (Ongoing) . Land Bank Inventory . Proximity Additional Recommendations (topics for further investigations) included: . Housing Trust Fund . Transportation Enhancement . Infrastructure Investment . Inclusionary Zoning A Committee Member suggested obtaining copies of Reports from other Counties to review and compare their recommendations, The following suggestions to the Report were made by Committee Members: . On Page 4, first paragraph, change 10 years to 15 years; . On Page 4, fourth paragraph, clarify the funding. Suggested language: "the dedicated funding source will be independent of current County funding." . On Page 5, second paragraph, add the language "making a good faith effort" regarding reaching consensus and to include the web site for the California Affordab]e Housing Incentives Guidelines model. . On Page 5, Item "d," the 1 0% figure was discussed. Suggestion: to add the phrase "of residentia]" before the word "capacity" or "an appropriate amount to be determined after further review." . On Page 6, Item "f," add the phrase "but may be appropriate on a case-by-case basis, and is addressed through the PUD process" at the end of the first sentence under "'Recommendation.'~ 5 161 1 A-I December 1,2008 . Page 7, Item "h," eliminate the phrase "should be embraced," and substitute "are encouraged to be made through the available PUD process" in the first sentence under "Recommendation." . Page 7, Item "i," add the phrase "because it is recognized as an important part of Affordable Housing," to the "Recommendation." Mr. Ramsey will rewrite the Synopsis to include "capture data regarding the financial impact." There was a discussion of the importance of the Housing Trust Fund and various funding options were suggested including a "linkage fee." . Page 1 0, first paragraph, suggested change to second last sentence (in bold): "The committee acknowledges that this will not likely be a popular program since it will require the County to forfeit a portion of the surplus tax revenue generated by the new development." It was suggested to omit the last sentence. . Marcy Krumbine stated the EDC proposals will be referenced in the sections concerning Transportation Enhancement and Infrastructure Investment. Public Speakers: Sheryl Soukup, Jmmokalee Non-Profit, referenced rental units (on Page 4) and suggested the 10 years should be changed to 15 years to align with the Low Income Housing Tax Credit. The specified number of225 rental units is low (second paragraph, Page 4). She asked if the number could be increased and suggested amending the language. Frank Ramsey suggested "Such fund (Housing Trust Fund) may be used to defer impact fees for owner occupied dwelling units, while the current program would be consolidated to the rental program." Ms. Soukup stated Reservation for Infrastructure is a problem in Immokalee. Immokalee Water and Sewer is at capacity for the location where Esperanza Place will be built. Immokalee Non-Profit will have to pay for upgrades. Regarding the Neighborhood Information Meeting process, she stated the Immokalee community has different needs than Collier County and recommended contacting developers in Immokalee to obtain their perspective on the issues of parking, setbacks and landscaping before scheduling any public meetings. Chairman Hruby suggested changing the language to remove the word "not" from the first sentence under "Recommendation," Item "f" on Page 6." John Barlow, HOME, stated the current liquidity problem is of the highest order. The equation between deve]operlbui]der and home buyers and banks will change. The strategy for affordable housing should shift to HUD or a federal government source. He stated there will be more regulation in the future because the need for affordable housing will remain high. He recommended the County should begin to position itself with the federal government because the government has funds. Bradley Schiffer moved to approve the Report as amended. Second by Jim Pusateri. Carried unanimously, 7-0. 6 161 1 AI December 1, 2008 7. Sele~V:3.'resentative for grant application review committee - All Jim Fk~u*ri moved to nominate Sally Masters as representative to the Grant Application Review Committee, subject to her acceptance. Second by John Cowan. Carried unanimously, 7-0. Staff will contact Ms. Masters concerning her decision. 8. Next Meeting - January 5, 2009 at 3:00 PM, BCC Chambers. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:40 PM. Col' ty Affordable Housing Commission These Minutes were approved by the BoardlCommittee Chair on ~4 .f-I4t 02 CO'}, as presented , or as amended X. . 7 161 1 AI December 1, 2008 Minutes were amended, as follows: 3. Approval of Minutes The following corrections were noted: . Page 7, under Item "7," the motion was made by Vice Chairman James Warnken. James Pusateri moved to approve the Minutes of the December 1,2008 Meeting as amended. Second by Cormac Giblin. Carried, 7- "Yes" with 2 Abstentions. Ken Kelly and Sally Masters abstained from voting since they had not attended the December meeting. 4. Approval of Agenda Cormac Giblin moved to approve the Agenda as presented. Second by Jim Pusateri. Carried unanimously, 9-0. Fiala ~~ Halas Henning ~Pif 161 1 .tVvV/ OUNTY AIRPORT AUTHORITY R MONDAY, OCTOBER 6, 2008 MEETING MEMBERS Steve Price PRESENT: Jim Murray Michael Klein Dave Gardner Frank Secrest Lloyd Byerhof STAFF: Theresa Cook Debi Mueller Heidi Ashton-Cicko Bob Tweedie Debbie Brueggeman PUBLIC: Robert Breeder I. MEETING CALLED TO ORDER Meeting called to order at 1 :00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Resolution No. 09-04 awarding and authorizing the Authority's Executive Director to execute a contract with the lowest qualified, responsive bidder meeting specifications for bid number 08-5117 "Purchase of New Pre-Fabricated Aircraft Hangar(s)" for Everglades Airpark was replaced with the following: Reso]ution No. 09-04 awarding and authorizing the Authority's Executive Director to execute a contract in the amount of$149,308 with the lowest qualified, responsive bidder meeting specifications, Zanette Construction Co. LLC for bid number 08-5117 "Purchase of New Pre-Fabricated Aircraft Hangar(s)" for Everglades Airpark, contingent upon three (3) day posting of bid selection required by Purchasing Policy. Resolution No. 09-05 awarding and authorizing the Authority's Executive Director to execute a contract with the lowest qualified, responsive bidder meeting specifications for bid number 08-5118 "Purchase of Hangar Doors" for the new prefabricated aircraft hangar building at Everglades Airpark was replaced with the following: Reso]ution No. 09-05 awarding and authorizing the Authority's Executive Director to execute a contract in the amount of$89,876 with the lowest qualified, responsive bidder meeting specifications, Zanette Construction Co. LLC for bid number 08-5118 "Purchase of Hangar Doors" for the new prefabricated aircraft hangar building at Everglades Airpark, contingent upon three (3) day posting of bid selection required by Purchasing Policy. Mr. Byerhofthen made a motion to approve the agenda, as amended. Mr. Klein seconded, and the Agenda, as amended, was approved by a 6-0 vote. IV. APPROVAL OF SEPTEMBER 8, 2008 MINUTES In Section IX. NEW BUSINESS, paragraph B. of the September 8, 20m\;~~, in the second sentence "... a pay increase for the Executive Director be deferred for fiscal year I I 2009, but..." was revised to read "... a pay increase for the Executive Dl~tnr he equal to DJ.. 10 /)9 the COLA being granted County employees, and...." item #---_..-JJeIl ~k;7- CCAA Minutes October 6, 2008 161 1 A: 1/ c. . Page 2 Mr. Murray then made a motion to approve the September 8, 2008 minutes, as amended. Mr. Byerhof seconded, and the September 8, 2008 minutes, as amended, were approved by a 6-0 vote. V. FINANCE REPORT - AUGUST 2008 Ms. Mueller addressed questions regarding fuel sales and margins. No action required. VI. WORK ORDER/AGREEMENTS STATUS REPORT The work order status report provides an update of the outstanding work orders and contractslagreements, including payments made to date. No action required. VII. EXECUTIVE DIRECTOR'S REPORT Updates and discussions occurred on the following topics: Federal Aviation Administration (FAA). Ms. Cook and Ms. Mueller met with the FAA to discuss annual projects and funding. The taxiway project at the Marco Island Executive Airport is expected to cost an estimated $7 Million. The FAA approved dividing the project into phases and purchasing fill material that will be required during the construction phase. Marco Island Executive Aimort. The acquisition of2.73 acres ofland from WCI Industries is proceeding, and should close by the end of October 2008. Immokalee Regional Airport. The Economic Development Council (EDC) of Collier County, in partnership with the Florida Heartland Rural Economic Development Initiative is hosting a Site Selection Consultant event in the region in early December. As part of a familiarization tour, the EDC plans to hold a dinner at the Immoka]ee Regional Airport/Florida Tradeport for about sixty (60) guests. It is the opinion ofthe Authority that it is not the Authority's responsibility to fund this event. However, the Authority is not opposed to spending about five percent (5%), $250, of its fiscal 2009 marketing budget to help fund this event. The design of20,000 square foot manufacturing facility for which the USDA has obligated $495,000 of funding is being changed in order to incorporate additional flexibility and parking. As a result, the lJRS Corporation Southern Work Order approved by the Authority on September 8, 2008 will be rescinded, and a new Work Order will be issued at the November 2008 meeting. The Authority has been paying the electric bill for several sub-leases at the Federal Inspection Station (FIS) and the residential dwelling being sub-leased by the Airport Manager at the airport. In fiscal year 2009, the Authority will discontinue paying the electric bill for all tenants at the FIS facility. The Authority concurred that it will continue to pay the electric bill for the Authority-owned residential dwelling being sub- leased by the Airport Manager. Y:14dministration14A Board\MinulesllO-06-08 minutes.doex CCAA Minutes October 6, 2008 161 1ge1 ?/ The Authority concurred that aircraft owned by Authority management can be stored, without charge, in the best available tie-down space at the airport with the stipulation that it does not inconvenience or displace paying customers. Everglades Airpark. The Authority is waiting on a permit from the South Florida Water Management District (SFWMD) for the south taxiway. VIII. OLD BUSINESS The County Attorney's response to questions regarding the time limits in Resolution No. 08-34, adopted by the Authority on September 8, 2008, was provided to the Authority. The USDA's interpretation of each item in Resolution No. 08-34 was also provided. IX. NEW BUSINESS A. Election of Officers: Mr. Meade was nominated as Chairman. There were no other nominations. Mr. Gardner motioned to close the nominations. Mr. Murray seconded, and the Board voted unanimously to elect Mr. Meade as Chairman. Mr. Klein was nominated to continue as Vice-Chairman. There were no other nominations. Mr. Byerhof motioned to close the nominations. Mr. Gardner seconded, and the Board voted unanimously to re-elect Mr. Klein as Vice-Chairman. Mr. Gardner was nominated to continue as Secretary. There were no other nominations. Mr. Murray motioned to close the nominations. Mr. Price seconded, and the Board voted unanimously to re-elect Mr. Gardner as Secretary. B. Mr. Byerhofmade a motion to approve Resolution No. 09-01 approving and authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order # PAS-FT-4168-08-03 in the amount of $4,000 for professional environmental consulting services for the Everglades Airpark through September 30, 2009. Mr. Secrest seconded, and Resolution No. 09-01 was approved unanimously. C. Mr. Byerhofmade a motion to approve Resolution No. 09-02 approving and authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order # P AS-FT-4168-08-04 in the amount of $4,000 for professional environmental consuIting services for the Immoka]ee Regional Airport through September 30, 2009. Mr. Secrest seconded, and Resolution No. 09-02 was approved unanimously. D. Mr. Byerhof made a motion to approve Resolution No. 09-03 approving and authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order # PAS-FT-4168-08-05 in the amount of $4,000 for professional environmental consuIting services for the Marco Island Executive Airport through September 30,2009. Mr. Secrest seconded, and Resolution No. 09-03 was approved unanimously. Y:\AdministrationlAA BoardIMinulesl/O-06-08 minutes.doex 161 lA-V CCAA M ioutes October 6, 2008 Page 4 E. Mr. Byerhofmade a motion to approve Reso]ution No. 09-04 awarding and authorizing the Authority's Executive Director to execute a contract in the amount of $149,308 with the lowest qualified, responsive bidder meeting specifications, Zanette Construction Co. LLC, for bid number 08-5117 "Purchase of New Pre-Fabricated Aircraft Hangar(s)" for Everglades Airpark, contingent upon three (3) day posting of bid selection required by Purchasing Policy. Mr. Murray seconded, and Resolution No. 09-04 was approved unanimously. F. Mr. Gardner made a motion to approve Reso]ution No. 09-05 awarding and authorizing the Authority's Executive Director to execute a contract in the amount of $89,876 with the lowest qualified, responsive bidder meeting specifications, Zanette Construction Co. LLC, for bid number 08-5118 "Purchase of Hangar Doors" for the new pre. fabricated aircraft hangar building at Everglades Airpark, contingent upon three (3) day posting of bid selection required by Purchasing Policy. Mr. Byerhof seconded, and Resolution No. 09-05 was approved unanimously. G. Mr. Byerhofmade a motion to approve Reso]ution No. 09-06 approving and authorizing the Authority's Secretary to execute the attached USDA Form RD 1942-8 Resolution of Members or Stockholders required by the USDA to close-out the grant for the construction of a stormwater management lake at the Immokalee Regiona] Airport. Mr. Murray seconded, and Resolution No. 09-06 was approved unanimously. XI. ADJOURNMENT The meeting was adjourned "without objection." COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNT FLORIDA /~ Byr. Y:14.dministrationIAA BoardVvfinutes\/O-06-08 minutes.duex M:"'/cr:1:- Halas ~;t4, Henning / Coyle V Coletta -dz-- COLLIER COUNTY AIRPORT AUTHORITY Board of Count'! CommIssioners MINUTES OF REGULAR MONDAY, NOVEMBER 11, 2008 MEETING Fiala 161 lA;V RECEIVED JAN 1 5 2009 v MEMBERS Byron Meade Michael Klein Dave Gardner Prank Secrest PRESENT: Lloyd Byerhof Jim Murray STAFF: Theresa Cook Debbie Brueggeman Colleen Greene PUBLIC: Rick Marino Tom Conrecode Mark Minor Wayne Arnold Susie Winchell Bob Genung Ray Rosenberg Peter Crews I. MEETING CALLED TO ORDER Meeting called to order at 1 :00 p.m, A quorum was present throughout the meeting. III. APPROVAL OF AGENDA The following item was added to the Agenda under IX. New Business: H. Resolution No. 09-]2 authorizing the Authority's Executive Director to negotiate and execute a grass tie-down agreement in exchange for in-kind services with the Civil Air Patrol at the Immokalee Regional Airport on a month-to-month basis. Mr. Byerhofthen made a motion to approve the agenda, as amended. Mr. Klein seconded, and the Agenda, as amended, was approved by a 6-0 vote. IV. APPROVAL OF OCTOBER 6, 2008 MINUTES In Section VII. EXECUTIVE DIRECTOR'S REPORT, the last sentence on page 2 was amended to read: 'The Authority concurred that it will continue to pay the electric bill for the Authority-owned residential dwelling being sub-leased by the Airport Manager." In the first sentence on page 3, "...in the best available space..." was amended to read". . . in the best available tie-down space. . . " Mr. Murray then made a motion to approve the October 6, 2008 minutes, as amended. Mr. Klein seconded, and the October 6, 2008 minutes, as amended, were approved by a 6-0 vote. V. USDA PRESENTATION Mr. Marino, United States Department of Agriculture (USDA) Area Specialist, discussed the purpose of the Resolution and Assurance Agreement required in the USDA grant application. In response to questions concerning the transferring of employment in item number I of the Resolution, Mr. Marino indicate~flC~ant of the subject manufacturing facility begins to transfer jobs from Immok5~),e, that tenant would no longer be eligible to use the facility. The tenant can expand O~~'al;vm tv Item # il'_; CCAA Minutes November 10, 2008 161 19kY elsewhere and remain an eligible tenant, but not relocate out of Immokalee. In response to questions concerning competition in item number 2 of the Resolution, Mr. Marino stated that if the manufacturing facility will be used for a purpose other than that stated in the grant application, the USDA would request a sound businessl marketing reason for that change. If a tenant of the manufacturing facility, causes another entity providing the same or similar products/services to loss or go out of business, the USDA considers that free market competition. VI. IMMOKALEE REGIONAL AIRPORT PLANNED UNIT DEVELOPMENT UPDATE Mr. Arnold, Q. Grady Minor & Associates, P.A, provided an update on the Planned Unit Development (PUD) for the Immokalee Regional Airport and discussed options regarding the 103 acres currently owned by Collier Enterprises required for the near- term extension of Runway 9/27. It was noted that with the consent of the property owner, A PUD application can be submitted that includes property one does not own. However, the Federal Aviation Administration is likely to view projects more favorably for funding purposes when the airport owns the land. VII. FINANCE REPORT - SEPTEMBER 2008 The Authority requested a breakdown of fuel sales at the Immokalee Regional Airport by customer type. VIII. WORK ORDER! AGREEMENTS STATUS REPORT The work order status report provides an update of the outstanding work orders and contractslagreements, including payments made to date. No action required. IX. FISCAL YEAR 2009 AIRPORT IMPROVEMENT PROGRAM GUIDANCE The Federal Aviation Administration Airport Improvement Program Guidance for Fisca] Year 2009 was provided to the Authority. No action required. X. EXECUTIVE DIRECTOR'S REPORT Updates and discussions occurred on the following topics: Immokalee Regional Airport. A planning meeting with the Florida National Guard is scheduled for mid-November in St. Augustine. The Economic Development Council (EDC) of Collier County Site Selection ConsuItant event scheduled for December has been cancelled. The design of 20,000 square foot manufacturing facility, for which the USDA has obligated $495,000 of funding, is being changed in order to incorporate additional flexibility and parking. As a result, the URS Corporation Southern Work Order approved by the Authority on September 8, 2008 is being rescinded. Hummingbird Flight Service moved in on November], 2008. Everglades Airpark. A meeting is scheduled with the Department of Environmental Protection and the Authority's attorney to review mitigation issues. Y:14dministration\AA BoardlMinutes1/ J-/O-os minutes.docx CCAA Minutes November 10, 2008 161 1 pa~V XI. NEW BUSINESS A. The January 2009 Airport Authority Board meeting will be held in Immokalee. B. Mr. Murray made a motion to approve Resolution No. 09-07 approving and authorizing the Authority's Executive Director to execute Q. Grady Minor and Associates, P.A. CCAA Work Order # QGM-FT -3969-09-01 in the amount of $5,463.75 for engineering and surveying services for the F]orida Army National Guard sub-lease areas at the Immokalee Regional Airport. Mr. Klein seconded, and Resolution No. 09-07 was approved unanimously. C. Mr. Klein made a motion to approve Reso]ution No. 09-08 approving and authorizing the Authority's Executive Director to execute Change Order # 1 to Q. Grady Minor and Associates, P.A. Work Order # GQM-FT-3969-08-21 in the amount of $2,850 for engineering and surveying services required for the land acquisition for the near-term extension of Runway 9/27 at the Immokalee Regional Airport, increasing the total amount of the Work Order from $12,115 to $14,965. Mr. Gardner seconded, and Resolution No. 09-08 was approved unanimously. D. Mr. Gardner made a motion to approve Resolution No. 09-09 approving and authorizing the Authority's Executive Director to execute Change Order #1 to Q. Grady Minor and Associates, P.A. Work Order # QGM-FT-3969-08-02 in the amount of$17,745 for the revision of the Planned Unit Development for the Immokalee Regional Airport to include the additional I 03 acres required for the near-term extension of Runway 9/27, increasing the total amount of the work order from $20,000 to $37,745. Mr. Murray seconded, and Resolution No. 09-09 was approved unanimously. E. Mr. K]ein made a motion to approve Resolution No. 09-10 approving and authorizing the Authority's Executive Director to execute Q. Grady Minor and Associates, P.A. CCAA Work Order # QGM-FT -3969-09-02 in the amount of $10,000 for professional planning and consulting through September 30, 2009. Mr. Secrest seconded, and Reso]ution No. 09.10 was approved unanimously. F. Mr. Byerhof made a motion to approve Resolution No. 09-11 rescinding Resolution No. 08-40, adopted September 8, 2008, approving and authorizing the Authority's Executive Director to execute URS Corporation Southern Work Order # URS-FT-3889-08-06 in the amount of$51,866 for engineering services for a Site Development Plan for a 20,000 square foot manufacturing facility at the Immokalee Regional Airport, contingent upon award of the USDA Rural Business Enterprise Grant in the amount of $495,000. Mr. Secrest seconded, and Reso]ution No. 09-11 was approved unanimously. G. Mr. Gardner made a motion to proceed with the design and construction of the aircraft parking apron and vehicle parking expansion to include the 1.1 acres currently owned by the County at the Marco Island Executive Airport rather than to delay the project until the acquisition of the additional 2.73 acres is complete. Mr. Secrest seconded, and the motion passed unanimously. r:\AdministrationIAA BoardlMinuteslJ 1-10-0S minutes_ducx CCAA Minutes November 10,2008 161 1gekv H. Resolution 09-12 was amended to include parking in the proposed agreement with the Civil Air Patrol at the Immoka]ee Regional Airport. Mr. Murray then made a motion to approve Resolution No. 09.12 approving and authorizing the Authority's Executive Director to negotiate and execute a grass tie-down and parking license agreement in exchange for in-kind services with the Civil Air Patrol at the Immokalee Regiona] Airport on a month-to-month basis. Mr. Secrest seconded, and Reso]ution No. 09-12, as amended, was approved unanimously. Mr. Gardner abstained and stated aloud his reason for abstention. Conflict of Interest, Form 8B attached. XI. ADJOURNMENT The meeting was adjourned "without objection." THORITY Y:\AdministrationlAA Board\Minutes\II+/O~08 minutes.docx 161 1 A-Z- FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS c+ COUNTY COllie', NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CollIe\' CCv(l-\, 1~\\DO~-+ H....)--1-Y\C{\+ THE BOARD, COUNCil, CO MISSION, AUTHORITY OR COMMITTEE ON Vv'HfCH I SERVE IS A UNIT OF: o CITY )lCOUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: -',\I.cc CCu0+ MY POSITION IS: lAST NAME-FIRST NAME-MIDDLE NAME &.:,C \ fie', Q" ,e\. MAILING ADDRESS 1'1- G,"C. \ . CITY Mc".co .l..:jICA('c\ DATE ON WHICH VOTE OCCURRED NO~C'n'-" \')c' R. \0 /]CC-~ o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one~acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othelWise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 161 1 A-~ APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Dc"," \cl i<. C-rc,n::lnC'< , hereby disclose that on N c,"c ,'n \::Jc', 10 ,200<? . (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of '\ n <: c \ V, \ 1:+ \, ?cr\,c~ \ whom I am r=et...;11Ca;"r u.)- ~'0\' \C\, ]'". l''-.n-. c..... "ne '(Ylbc,~... ,~ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: CQ..) M <'(<:',Vle; Uc-k'-e. C'(~C"C'l: , which XI l"'-lev.J i3d~\C\C~:o..s . \-.<cZ;IU ~\cn 'NO. eYI- /:.2 C<U +/70'1 Z f ';] 'h,c r'k'--ll-X:,\ -\ ,/.5 l-L 'I" ('('c'" ',,- '\c') nccloi ,c<.+c. C< \X:~ (:";(('C L'-\-C 0.." E XcC0+\\JC u, TL.J . ., ,'" C'-'j:-,,'c,....,...,en+ L.0\'\'('\ '-\-he ("\l,l A" Ix----\<.",d s(('~\(..v , -) '. (' . c.~c."<< \ \0'- \('L~~ cd 'iy,C T\y,,').C)\C.c~[cC'~ \c~,,-"\(~c\ ;--0, U. rj\ A....c::......J '\ d) '---\. '.... . '. \ ,/,\' '\')(' I-L (",..... C'-- ,,'cn'\h-+c' - \'Y'C.n'-lh )JcOIS, ~CE~\C'f\CC r-\\~,) T _ (b) I c....,'("'\ c..t. n,eV)'lt',)r{" C-J- '~hC. ("v', \ A ; ," ?O.trO \ , J /- JO-D'? Date Filed ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOTTO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 Fiala I\F"/tf- 16 I 1 A (') v'" Halas ~. J,./ ~~~~ng---'-Ct' RECEIVED Coletta ~ T wn COUNTY AIRPORT AUTHORITY JAN 1 5 2009 MINUTES OF REGULAR MONDAY, DECEMBER 8, 2008 MEETING [(C\'1f(': of County Commissioners MEMBERS Byron Meade Michael Klein Dave Gardner Frank Secrest PRESENT: Steve Price Jim Murray STAFF: Theresa Cook Debbie Brueggeman Colleen Greene PUBLIC: Mark Minor Andres Correa Marvin Courtright I. MEETING CALLED TO ORDER Meeting called to order at 1 :00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA The following items were added to the Agenda under IX. New Business: D. Resolution No. 09-15 approving authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order with CCAA Tracking # PAS-FT- 4168-09-02 in the amount of $66,680 for ecological reporting and monitoring services for Phase I and Phase II mitigation at Rookery Bay required for the Marco Is]and Executive Airport Taxiway. E. Approval of addition of Section I, Paragraph B, "Airport Facility and Infrastructure Documents" to the Immokalee Regional Airport and Marco Island Executive Airport Security Plans as follows: B. AIRPORT FACILITY AND INFRASTRUCTURE DOCUMENTS Airport facility and infrastructure documents, including, but not limited to, plans, drawings and specifications for all buildings, runways, taxiways, infrastructure and other facilities to include building, mechanical, plumbing, electrical, lighting, NA V AIDS, HV AC, security systems, and floor plans for all airports under the jurisdiction and control of the Collier County Airport Authority shall be considered sensitive security information and shall be exempt from public disclosure according to provisions of Sections 119.071(3) and 331.22, Florida Statutes (2008). Mr. Gardner then made a motion to approve the agenda, as amended. Mr. Murray seconded, and the Agenda, as amended, was approved by a 6-0 vote. IV. AWARDS AND PRESENTATION Misc. Corres: Beginning in January 2009 the Authority will recognize staff members at monthly meetings for recent awards and achievements. Date: Item#:. CCAA Minutes December 8, 2008 1 Qgel 1~~ V. APPROVAL OF NOVEMBER 10, 2008 MINUTES As required by Section 112.3143 of Florida Statute, the Conflict of Interest standard form signed by Davie R. Gardner at the November 10, 2008 meeting was read aloud. Mr. Murray then made a motion to approve the November 10, 2008 minutes. Mr. Klein seconded, and the November 10, 2008 minutes were approved by a 6-0 vote. VI. FINANCE REPORT - OCCTOBER 31, 2008 In order to sell fuel purchased for the Everg]ades Airpark when the cost of fuel was near its highest price point, the Authority recently lowered the price offue] at the Everglades Airpark to below cost. Fuel prices were raised at the Immoka]ee Regional Airport to help cover fuel sale losses at Everglades. No action required. VII. WORK ORDER/AGREEMENTS STATUS REPORT The work order status report provides an update of the outstanding work orders and contractslagreements, including payments made to date. The Authority discussed the several projects for which open work orders exist. It is anticipated that construction of the Taxiway at the Marco Island Executive Airport will begin in the beginning of Fiscal Year 2009. Construction of the aircraft apron at the Immokalee Regional Airport is expected to begin within next several months. The floor plans for the Everg]ades T -hangar building was finalized in the beginning of December 2008. No action required. VIII. EXECUTIVE DIRECTOR'S REPORT Updates and discussion of the following took place: Mileage Reimbursement for Advisory Board Members. The Resolution passed by the Collier County Board of County Commissioners (BCC) on November 18, 2008 authorizing the reimbursement ofmi]eage expenses for Advisory Board members who travel in excess of twenty (20) miles round trip to attend regularly scheduled Advisory Board meetings was distributed to CCAA Board members along with the appropriate form and instructions for requesting mileage reimbursement. Airport Authority Proposed 20 I 0 Budget. The 20 I 0 budget process is starting. The annual BCC Workshop will likely be schedule for March or April. A draft operating budget will be presented to the Authority in January 2009, The capital budget will be contingent on the availability of Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funding. Marco Island Executive Airport. The design of the parking lot and aircraft apron expansion is complete. FDOT funding is available for the project. Y:lAdministrationlAA BoardIMinutesI12-0S-08 minutes.docx CCAA Minutes December 8, 2008 1 ~.fe3 llr1-- Immokalee Regional Airport. The F]orida National Guard (Guard) has requested a parcel that is approximately 30.25 acres, including about 3.5 acres of the Lake, at the Immoka]ee Regional Airport for the construction of the Collier County Readiness Center at the airport. Options of less acreage and existing frontage road usage in the Phase I permitted area were discussed. The Economic Development referred Immokalee Disposa], a recycling facility, to the Airport Authority. They have expressed interest in sub-leasing approximately four (4) acres north of the Florida National Guard's temporary vehicle storage leasehold area. The third submittal of the Planned Unit Development (PUD) was recently completed. It is anticipated that the PUD will be completed in about six months. Everg]ades Airpark. The permit for the construction of the South Taxiway is pending negotiations with the Department of Environmenta] Protection. The design of the hangar building foundation is pending submittal of the building specifications from lowest qualified bidder. IX. NEW BUSINESS A. Mr. Gardner made a motion to approve revised acreage and boundaries to include approximately 30.25 acres for the proposed sub-lease agreement with the Florida Army National Guard for the Collier County Readiness Center at the Immoka]ee Regional Airport. Mr. Secrest seconded, and the motion was approved unanimously. Discussion of alternate parcel layout and acreage followed the motion. No action. B. Mr. Price made a motion to approve Reso]ution No. 09-13 approving and authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order with CCAA Tracking # PAS-FT-4168-09-01 in the amount of$4,100 for off-site mitigation requirements at Rookery bay for the Marco Island Executive Airport taxiway. Mr. Klein seconded, and Resolution No. 09-13 was approved unanimously. C. Mr. Price made a motion to approve Reso]ution No. 09-14 approving and authorizing the Authority's Executive Director to execute Q. Grady Minor and Associates, P.A. Work Order with CCAA Tracking # GQM-FT-3969-09-03 in the amount of $105,322.50 for engineering design, permitting, contract administration and construction oversight and layout of a 20,000 square foot manufacturing facility at the Immokalee Regional Airport, contingent on the award of a $495,000 USDA grant for the construction of the facility. Mr. Murray seconded, and Resolution No. 09-14 was approved unanimously. D. Mr. Murray made a motion to approve Resolution No, 09.15 approving and authorizing the Authority's Executive Director to execute Passarella & Associates, Inc. Work Order with CCAA Tracking # PAS-FT-4168-09-02 in the amount of$66,680 for ecological reporting and monitoring services for Phase I and Phase II mitigation at Rookery Bay required for the Marco Island Executive Airport taxiway. Mr. Klein seconded, and Resolution No. 09.15 was approved unanimously. Y:\AdministrationIAA Board\MinlJtes\12~()8-()8 minutes.docx . CCAA M inules December 8, 2008 16g1 1 A 2-- E. Mr. Klein made a motion to approve the addition of Section I, Paragraph B, "Airport Facility and Infrastructure Documents" to the Immokalee Regiona] Airport and Marco Island Executive Airport Security Plans, to read as follows: B. AIRPORT FACILITY AND INFRASTRUCTURE DOCUMENTS Airport facility and infrastructure documents, including, but not limited to, plans, drawings and specifications for all buildings, runways, taxiways, infrastructure and other facilities to include building, mechanical, plumbing, electrical, lighting, NA V AIDS, HV AC, security systems, and floor plans for all airports under the jurisdiction and control of the Collier County Airport Authority shall be considered sensitive security information and shall be exempt from public disclosure according to provisions of Sections 119.071(3) and 331.22, Florida Statutes (2008). Mr. Murray seconded, and the motion was approved unanimously. XI. ADJOURNMENT The January 2009 meeting will be in Immokalee. Locations specifics will be provided at a later date. The meeting was adjourned "without objection." COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA y. IAdministrationlAA Board\Minutes\J 2-08-08 minutes.docx Fiala D~----11. Halas ~ Henning Coyle Coletta 161 \,./.. Collier County itizen Corps Advisory Committee November 19, 2008 1 .,4-31 RECEIVED JAN 2 3 2009 v V oting Members Present Reg Buxton. Greater Naples Chamber of Commerce Jerry Sanford, North Naples Fire Floyd Chapin, Community Emergency Response Volunteers Lt. George Welch, Collier County Sheriff's Oftlce Walter Jaskiewicz. Coasl Guard Auxiliary Russell Rainey, Community Emergency Response Team James Elson, Collier County Veterans Council Captain Castillo. Salvation Army Doug Porter. Naples Civil Air Patrol EOdrd 01 (~C1(JnlV Commissioners Voting Members Absent: (Excused Absence) Expert Consultants Present Rick Zyvo10ski, Collier County Emergency Management Maria Bernaldo, Collier County Health Department Ray Rosenberg. Marco Island Civil Air Patrol Voting Members Absent: (Non-Excused Absence) Gerry Sugarman, RSVP Deborah Horvath. American Red Cross Meeting was called to order at 3:00 p.m. Pledge of Allegiance recited and roll call1aken. Approval of Minutes Motion to accept the minutes of the October 15, 2008 meeting, with changes to the name of the person presenting and litle of one of the presenters for the Civil Air Patrol/US Coast Guard Auxiliary made by Floyd Chapin, and seconded by Jerry Sanford. Approved unanimously. Nomination of Officers Russ Rainey nominated Reg Buxton as Chair, seconded by Walt Jaskiewicz. Reg Buxton nominated Russ Rainey as Vice-Chair, seconded by Floyd Chapin. Reg Buxton nominated Jerry Sanford as Secretary. seconded by Lt: George Welch. Threal Update Per Lt: Welch. we are slil1 at the Elevated Threat (Yellow) allhe National level. For domestic and international travel. it is al High level (Orange). Recommend everyone remain vigilant: New Business Address Comments oj 10/15/08 Meeting Made Under NewBusiness "Civil Air Patrol/US Coast Guard Auxiliary" Walt had reclused himself from the last meeting, since he is now Chief of Staff for US cMC CDmItI Auxiliary. . He said thai the CAP and USCG Auxiliary have their policies and boundaries. There is a working relationship between the two entilies. and if someone holds two memberships, there is an overlap with different policies. A ~r'~R(~hJ,l;l Qf I J..,~l",rN"nding (MOU) was visited on August 8. 2008 between CAP and the US Air Force where the C91'..'1 Quard can reimburse CAP for use of their plane. This was not renewed. CAP has Air Force planes; however. you buy I'fII!I'Ue1 )l3M"elf/' T!I< ,\uxiliary Copies to /)';}- I c I D9 \~I.[,0 A-~ 161 1 1+;3 Collier County Citizen Corps Advisory Committee November 19.2008 uses private planes and get reimbursed from the Coast Guard. There are some liability issues. With no MOU between the two groups. it in no way means that CAP can't take calls from USCG Auxiliary. The situation with the U.S. Coast Guard Auxiliary and Civil Air Patrol has been worked out, per Ray Rosenberg Because of some comments made at the last meeting, which may have been a Homeland Security issue, Rick Zyvoloski reminded all that because of the Sunshine law, all information shared in this forum is public information. Old Business Locd A1irigmiofl Straregy Update Per Rick Z.. the LMS working group now meets quarterly. Per NOFA (Notification of Funds Availability), approximately 53 million will be made available to Collier County. We should hear from FEMA around the first of December as to the exact amount available. Tbese grants pay 75% - you have to come up with the other 25%. Several projects have been completed, including a private citizen who wants to have her house elevated. Rick will get the information out to the group - please encourage people to attend the meetings. Last year $1.5 million was returned. Rick said the Immokalee High School will be receiving funding for improvements. including retrofitting to become a shelter. Funds are not available for generators, unless this is part of retrofitting for a shelter. The next meeting is scheduled for the third Friday in January (January 16'h) If the group has many projects. we may need to meet more often. Other Reg announced that the CAP is collecting items for the troops. These items can include toiletries, books, magazines, Handiwipes, etc. - items that can be shipped overseas. If you need items picked up, call Tom Kuznar to arrange this No one from the Citizen Corps will be attending the CERT Training Academy because there was not enough notice. Walt asked if there would be a float from the Citizen Corps group for the Christmas parade. Per Reg, people have already turned in their requests for the Naples parade, being held on December 9'''- Marco will have theirs on December 13'''- Walt asked if the County would have a flatbed truck available for the group ~ will pass this info along to Joe Frazier. Captain Castillo said the Salvation Army has their own float. as docs the Chamber of Commerce and North Naples Fire District. Russ asked if small banners could be made and put on floats that are part of the Citizen Corps - perhaps to read "A UNIT OF CITIZEN CORPS". Captain Castillo said he would be willing to have one on his float. Rick will check with Joe aboUl this. Floyd Chapin reminded the group that there was no funding for this last year, and there was a liability factor involved as well. Walt asked that thc County look at funding for these signs. :\ext Meeting/Adiourn Floyd asked if we could have the next meeting in January. rather than December. Captain Castillo said it would be more convenient for his organization as well, due to the holidays. Next meeting will be held January 21. 2009 at 3:00 p.m in the Board of County Commissioners chambers. We will need a quorum in order to vote for ofticers, so please do your best to attend. Motion to adjourn the meeting at 3:25 p.m. made by Reg and seconded by Jerry Sanford. Approved unanimously. Minutes submitted by Mary Ann Cole. Approved by Chair: 1 ':/; / J:JJ/li i!j;/6~ Date Citizen Corps Advisory Committee Agenda November 19, 2008 3:00 Pledge of Allegiance -Opening Remarks -Roll Call Chairman Sheriff's Office CERV USCGA Red Cross Chamher of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS City of Naples PRMC Health Uept Everglades Cit): NCH Medical Examiner City of Marco Island Neighborhood Watch EM 3:05 Approval of Minutes Chairman 3:10 Nomination of Officers Chairman 3: 15 Threat Update Sheriff's Office 3:20 New Business Chairman . Address comments of 10/15/08 Walt Jaskiewicz meeting made under New Business "Civil Air Patrol/US Coast Guard Auxiliary" 3:35 Old Business Chairman . LMS Update Rick Zyvoloski 3:45 Next Meeting/Adjourn Chairman (December 17th?) 161 1 ft3 Collier County Government A3 Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8848 www.colliere:ov.net November 10, 2008 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, NOVEMBER 19,2008 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, November 19th at 3 p.m. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Bui]ding, Bui]ding F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial 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. 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, an advisory board or quasi-judicia] board), register with the Clerk to the Board at the Board Minutes and Records Department. 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 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Joe Frazier at 252-8000. -End- 161 1 A-3 The Naples Senior Squadron will be collecting items to ship to our troops oyerseas. Please bring to the Hanger the items you feel the troops can use, These items should be brought to the hanger no later than Dec. 12, 2008 for mailing Dec. 13th, 2008. Please place these items on the Tables under the bulletin board, or bring to the next meeting. Our Military folks would appreciate your gifts, thoughts and Prayers. If you have any questions call me. You did a Great Job the last couple of years. SEMPER FI, Thomas Kuznar Lt. Co!. CAP Personnel Officer Naples Senior Squadron FL-023 Telephone: 239-404-8101 16 I 1 A-3 Florida Division of Emergency Management Advanced CElT Academy Oeoember 5-1 2008 The Florida Division of Emergency Management Citizen Corps and CERT program is excited to announce the first Advanced CERT Academy. The training will teach skills in advanced disaster preparedness, communications, advanced first aid, CPR and first responder training. Following the training sessions, participants will engage in an exercise where they will be tested on skills obtained during the academy. They will also be required to demonstrate existing skills such as disaster medical operations, light search and rescue, terrorism, disaster psychology and team organization. Citizen Corps and CERT coordinators are encouraged to participate in this exciting opportunity scheduled for December 5.7, 2008 at Camp Blanding located in Clay County. Lodging and meals will be provided by the Division of Emergency Management. Space is limited to the first 50 eligible registered participants. The application will be available online November 10, 2008. All interested persons can submit an electronic application at http://www.floridadisaster.org/trainingcalendar/index.asp. For further information, please contact the Citizen Corps office at CitizenCorps@em.myfJorida.com or Nikki Hines at 850-413-9894. FLORIDA~ citizen~corps Page 1 of 1 161 1 AS ColeMaryAnn From: Sent: To: vonrintelnj Thursday, October 23, 200812:12 PM 108t Wilson Blvd N; Alejandro_Castilio@uss.salvationarmy.org; BowmanDan; captwrj@aol.com: CHICKNFUTA@aol.com; Dave Baer; dportert43@comcast.net; Floyd Chapin (schapin43@aol.com): George Walsh: gerrysugie@aol.com; Greg Speers: jelsonl @comcast.net; john.brown@nchmd.org; naplesme@worldnet.att.net; r.d.rainey: reg buxton; TSoliday@f1ynaples.com Cc: ColeMaryAnn; FrazierJoseph Subject: FW: Citizens Advisory Committee All, I received the communication below from the CAP requesting that the letter from the Advisory Board discussed and voted on at the last meeting be tabled until it can be further discussed at the next meeting. Jim von Rinteln From: Richard Niess [mailto:rniess@embarqmail.com] Sent: Thursday, October 23, 2008 12:08 PM To: vonrintelnj Cc: Lee Henderson CAP; Ray Rosenberg CAP Subject: Citizens Advisory Committee Confirming our phone conversation, we request the CAP/USCGAux cooperation item discussed at the October 15 meeting be tabled. We are attempfing to work out the issue on a mutually acceptable basis. We infend to have a representative attend the November meefing. Richard C. Niess LtCol CAP Public Affairs Officer Marco Island CAP Composite Squadron 376 Florida Wing Home: 239-530-0786 Cell: 239-595-9588 rn[ess@embarQrngjlc_QJTI http://wW'i'!,lmm;9i~landcap.org/ 10/24/2008 Page 1 of 1 161 11\:3 ColeMaryAnn From: FrazierJoseph Sent: Thursday, November 06, 2008 4:59 PM To: ColeMaryAnn; BowmanDan; Capt. Alejandro Castillo; CC-Dan Zunzunegui; CC.Debbie Horvath: CC-Gerry Sugerman (ggerrysugie@aol.com): CC-Jerry Sanford; CC-Jim Elson: CC-Joe Wilkins: CC-John Brown: CC-Mike Murphy; CC-Nfn11555; CC-Ted Soliday; CC-Walter Jaskiewicz; 'DanAnderson@fdie.state.fl.us': David Baer; DeArmasMaribel; Doug Porter (dporter143@comcast.net): foord_m; Kathleen_Marr@doh.state.fl.us; Lt. George Welch: Maria Bernaldo: Phil Reid; reg buxton: Russ Rainey: Ryan Frost: schapin43@aol.com; scribneU: TeachScott; veitj: vonrinteln--i Cc: vonrinteln--i Subject: 19 November Citizen Corps meeting Ladies and Gentlemen, We have had some inquires concerning canceling the 19 November Citizen Corps meeting because it falls on the same day as the Sheriff's Office dedication of the new ESC building. We realize that some members may attend that dedication, however, we will still have our Citizen Corps meeting and the number one agenda items is nominations for new officers. Hope to see many of you on the 19th Best regards, Joe Joseph W. Frazier, CEM, MPA Homeland Security Coordinator 3301 E. Tamiami Trail Naples FL, 34112 239-252-8425 FAX: 239-775-5008 josephfrazier@colliergov.net 11/6/2008 RECEIVED JAN 0 8 2009 cAclDet 20081 k t VI-1 Approval of CAG Minutes R!ila 01=.crt.... Halas '::f'/ito/. './ Henning ! V ~ Coyle Coletta 1" ~/ ./ Board of Countv Commissioner" MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, November 13, 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at Administrative Building "F", 3'd Floor, Collier County Goyernment Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: John Sorey, III Anthony Pires Murray Hendel Heidi Kulpa - Resigned Larry Magel Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Michael Bauer, City of Naples Natural Resources Manager M I sc Corres: , Dd-IJ D /1>9 lkILi)M- GAG December 11, 2008 VI-1 Approval of GAG Minutes 2of6 161 1 1\-4 I. Call to Order Chairman Sorey called the meeting to order at 1:00PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established, It was noted former Coastal Advisory Committee member Jim Burke was present in the audience and has temporarily resigned from the Committee. IV. Changes and Approval of Agenda Mr. Pires moved to approve the agenda. Second by Mr. Rios. Carried unanimously 7-0. V. Public Comments None. VI. Approval of CAC Minutes Mr. Rios moved to approve the minutes subject to the following corrections: . Page 4, under item 4 paragraph 3, line 2 from "if the PW's are" to "if the PW's (Public Works Work Orders) are" . Page 5, under Public Speaker, paragraph 2, line I From "Mr. McAlpin stated the Beach area referenced is a private beach." to "Mr. McAlpin stated the Beach area referenced is a private beach (to the erosion control line.) .. VII. Staff Reports 1. Revenue Reports - Gary McAlpin The Council reviewed the document "Tourist Tax Report - FY 2008-- 2009" dated November 13,2008 (updated through October of2008.) 2. Project Cost Report - Gary McAlpin Gary McAlpin, Coastal Zone Management Director submitted the document "FY 2007/2008 TDC Category "A" Beach Maintenance Projects" dated November 13. 2008 and recommended in the future, this Report be heard on a quarterly basis. The Council determined the Report should be submitted to members on a monthly basis. but reviewed at meetings on a quarterly basis. Mr. Rios requested Staff to provide to him via email, any related information on the existing andlor proposed Work Orders for projects on Marco Is]and. Mr. Hendel noted the data from the first month of the Fiscal Year indicated a decline in revenues and recommended the budget and projections be re-examined. Gary McAlpin noted there is currently a surplus of capital from existing projects ($2M-3M) and the Program can currently meet its anticipated financial obligations. GAG December 11, 2008 VI-1 Approval of CAC Minutes 3016 161 1 It Lf- Staf/will provide a Detailed Financial Update upon completion of the I" quarter of the Fiscal Year at the January 2009 meeting. 3. TDC FundinglExpenditures for Marco Island - Gary McAlpin The Council reviewed the document "Marco Island Revenue and Expense Analysis Fund /95-Beaches and Inlet Maintenance" dated November] 3,2008. It was noted the Snapshot is over a 3-year period indicating Fund 195 generated $3,357,913 of Marco Island Revenue and the County has expended $5,542,314 on Marco Island Beaches. 4. Tropical Storm Fay/FEMA Update - Naples, Park Shore, Vanderbilt - Gary McAlpin a. Collier County Beach Nourishment Project Cost Tropical Storm Fay Storm Report The Council reviewed the Executive Summary "Update the CAC on FEMA funding progress/rom Tropical Storm Fayfor Naples, Vanderbilt, Park Shore and Marco Beaches. " It was noted a Public Work's Work Order will be submitted to FEMA in the near future for the damage caused by Tropical Storm Fay. The escarpments on Naples Beach will be taken care of naturally via tidal activity. 5. Staff Report Wiggins Pass Modeling - Steve Keehn, CP&E Gary McAlpin stated the Modeling Group has narrowed its alternatives for long- term stabilization of Wiggins Pass to a "desired approach." There is one more meeting scheduled for the Group at which time a final alternative will be recommended Steve Keehn of Coastal Planning and Engineering provided a Power Point Presentation "Summary of Wiggins Pass Modeling Study" and noted the following: . The Goals of the project are to improve navigation in the Pass, reduce impacts to adjacent shorelines, minimize impacts on the environment, lengthen the dredge cycle and provide the least economic impact feasible in choosing an alternative. . 4 alternatives were considered which is being reduced to a final alternative. Discussion ensued regarding how realistic the data assumptions are being used in the modeling. Steve Keehn noted the model does incorporate historic data as well as recently measured data and the software for the modeling does calibrate and merge this data when developing the parameters for the modeling. This assists the modeling software in creating "multi year data." Gary McAlpin noted the modeling software continually updates changing data as it predicts the morphology of the Pass. Upon further analysis, it predicted the actual events, which occurred in the Pass I year after dredging. CAC December 11, 2008 VI-1 Approval of CAC Minutes 40f6 161 1 k+ Steve Keehn reviewed the details of the 4 alternatives and subsequent morphology modeling examined by the Discussion Group. He also provided an analysis of the Decision Matrix being utilized by the Group. In conclusion alternatives 2 and 3 were found to be the most effective with the final solution being a combination of the two. The Consultants need to continue to finalize the modeling and the results will be provided to the Group for a decision. Discussion ensued on the Consultants "level of confidence" the final alternative is "the best way to go" in lengthening the dredge cycle. Steve Keehn stated the analysis would be available when it has been completed and a final report is issued. It was noted no alternative would be a ] 00 percent guaranteed solution, the only certainty is the current Dredging Program is not the best alternative. Gary McAlpin noted the level of confidence should be evaluated in relation to the individual goals identified by the Group, not just the length of the dredge cycle. 6. Staff Report Small Volumes Sand Source at Cape Romano - Steve Keehn, CPE Update provided: . The sand source is similar in size to the sand excavated adjacent to Marco Pass. . The source is located a considerable distance South of Marco Island but significantly closer than the 1'-1 Sand Source of SanibeI. . The goal is to identify a less expensive sand source than the T-l Sand source which costs $30 CY. . The County will continue to attempt to obtain approval of the source from Florida Department of Environmental Protection. . The National Marine Fisheries is involved with approval of sand sources regarding satisfying a criterion for the "color of the sand" in rcgards to it impacts on Sea Turtle nesting. . Sea Grass beds are not an issue for this source which is 5-7 miles otl~ shore. VIII. New Business 1. Resolution for Procedures for Coastal Advisory Committee - Gary McAlpin a. Revised Resolution and Procedure for Coastal Advisory Committee Mr. Pires moved to approve a revision to Resolution 2(}04-(}] to allow a maximum of 3 minutes when an individual public speaker addresses an issue. Second hy Mr. Magel. GAG December 11, 2008 VI-1 Approval of GAG Minutes 5of6 161 lAf Mr. Rios expressed concern on limiting a Speaker to 3 minutes as opposed to 5 minutes currently allowed and whether it is ample time to present their position on an item. It was noted the Chairman and Committee have the discretion to allow more time if necessary. Motion carried 5-2. Mr. Rios and Mr. Forcht voted "no." 2. Wigginsmoctors Pass Dredging -U pdate - Gary McAlpin The following was noted: . The necessary permits are in place with no changes or modifications required. . The only outstanding item is a "Notice to Proceed."' . The Notice is outstanding. as Contractors have not been selected for the dredging and related monitoring. . The contracts are scheduled to be awarded at a December Board of County Commissioner meeting with the work to begin in January and completed before Turtle Nesting season. . The contracts are not subject to Purchase Department Policy for Consultant Rates and are subject to a bidding process. IX. Old Business 1. Appointment to Date Clam Bay Advisory Committee Gary McAlpin noted the recent appointments to the Clam Bay Advisory Committee are: David Roellig, Kathy Worley. Tahlman Krumm, Jim Carroll and Robert Rogers. X. Public Comments None XI. Announcements 1. Heidi Kulpa's Resignation from the CAC The Committee expressed their gratitude for Ms. Kulpa's service. XII. Committee Member Discussion Mr. Pires moved that the Coastal Advisory Committee recommends the Board of County Commissioners aggre.5sively review rate.5 and fees that are established by the Purchasing Department for Consultants and Professionals under existing contracts in light of the current economic conditions with any eye toward reduction.,. and potential rollbacks. Second by Mr. Rio.". Colleen Greene, Assistant County Attorney expressed concern this motion is outside the scope of the Committee and noted the fees were competitively bid in compliance with the Purchasing Policy and the Florida Statute for Professional Services and recommended the Staff address this issue with the County Manager's Office. CAC December 11, 2008 VI-1 Approval of CAC Minutes 60f6 16 I 1 ~Lf Chairman Sorey noted the motion expressed a concern of the Committee and a recommendation for review of the Policy, not for the Coastal Advisory Committee to exercise any authority in changing the policy. Motion carried unanimously 7-0. Mr. Hendel requested clarification on a recent newspaper article, which indicated a County parking garage improvement, may be under consideration at the end of Seagate Drive. Gary McAlpin noted there is no plans by the County to increase parking capacities at the location at this time. XIII. Next Meeting Date The next meeting is scheduled for December 11, 2008 - Government Center, Administration Bldg. F, 3'd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:37 P.M. Collier County Coastal Advisory Committee /'L.--~7../-# These minutes approved by the Board/Committee on as presented V or as amended . J-:l-\\.....O~ 161 1 AA- ~. opA Dec ~r]l, . aas. - Henning Coyle Coletta ~ MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE v -CEIVED ;,~,rj " 0 2009 ,dillV Conlmissioners Naples, Florida, December 1 ], 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at ]:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Goyernment Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, 1Il VICE CHA]RMAN: Anthony Pires Murray Hendel Ted Forcht Victor Rios Larry Magel ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Misc. Corres: Date: Item # -(}:)i0$ to 161 1 Aq- December] ], 2008 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 PM. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the agenda subject to the following changes: . Addition of Item VIII, New Business]. a. - Wiggins IDoctors Pass Dredging - Bee 12116108 . Handout entitled "Project Worksheet" identifying the costs associated with FEMA request for Marco Island . Item VIII, New Business 3 . Marco Island FEMA Hazard Mitigation Request Second by Mr. Hendel. Carried unanimously 6-(). V. Public Comments None VI. Approval of CAC Minutes 1. November 13,2008 Mr. Rios moved to approve the minutes of the November 13, 2()()8 meeting. Second by Mr. Pires. Carried unanimously 6-(). VII. Staff Reports 1. Revenue Report - Gary McAlpin The Revenue Report updated through November 2008 was submitted for review. A budget update will be provided at the end of the I" quarter. It was noted the operating expenses in the budget were reduced in accordance with the County Manager's guidelines and the collections budgeted were $ ]4.5M for this fiscal year, identical to the previous year. 2. Project Cost Report - Gary McAlpin The project cost was submitted for review. VIII. New Business 1. Wiggins/Doctors Pass Dredging a. Wiggins/Doctors Pass Dredging - BCC 12/16/08 Gary McAlpin submitted an Executive Summary "Recommend approval to award contract fllr the dredging of Doctors Pass and Wiggins Pass to the lowest qualified hidder" dated December I ], 2008. The following was highlighted: . 71 requests were sent - 4 bids were submitted for consideration. 2 16r lAA' December II, 2008 . 3 of the Companies requesting consideration submitted lower bids but did not qualify. . In previous dredging projects, the lowest bidders were awarded contracts but they were not qualified to complete the work and problems arose (dredges sinking, etc.) . In an Executive Summary prepared for the Board of County Commissioner's (BCC), Staff is recommending to award the contract to Subaqueous Services, LLC in the amount of $1,755,095, scheduled for review at their December 16,2008 meeting. . The process allows the bid to be evaluated by the Purchasing Department and a meeting will be held with Subaqueous Services on December 11,2008 to determine the possibility of lowering the bid. . It is anticipated the bid award will be appealed and the item will be re-worked and placed on a BCC agenda in January. Speaker Doug Fee, County resident addressed the Committee and provided a copies of the definition of "Conservation District" in the Land Development Code and Zoning Maps in the area of the south end of Barefoot Beach. He expressed concern that the Wiggins Pass Modeling Evaluation Group is not addressing these issues in consideration of the long-term solution to the stabilization of Wiggins Pass. In addition regarding the above item, noted the Executive Summary for the BCC containing the bids and information was posted on the Internet yesterday (December 10,2008), and the public has not had adequate time to review the document and provide input. Dr. Michael Bauer, Natural Resources Manager, City of Naples stated with a previous dredge in Doctors Pass, a less expensive smaller company was contracted to complete the work and the end result was the Company was not qualified and had financial difficulties, which impeded their ability to complete the job. Mr. Rios expressed concern over the large discrepancies in costs between the various sub-items in the bids provided by the Companies. Further, the cubic yard price in the previous dredging in Wiggins Pass (approximate]y 2 years ago by Subaqueous Services, Inc.) was $4.13 cubic yard and the cost bid in this project is $10.98 a cubic yard. Gary McAlpin noted the purpose of meeting with Subaqueous Services, LLC and the Purchasing Department is to investigate if they misunderstood some of the monitoring services required for the project. The clarification of services could lower the overall amount of the bid. With regard to the cubic yard prices, the market has changed over the past two years and noted the process was conducted through competitive bidding and the 3 161 1 kY- Decem ber 11, 2008 cost for unit price of all companies was similar, He noted reserve funds would need to be utilized, as the bid is approximately $255,000 greater than budgeted. Mr. Pires noted Subaqueous Services, ]nc, which performed previous work for the County has been acquired by Orion Marine Group and is now operating as Subaqueous Services. LLC. He expressed many concerns with the proposal noting in researching Subaqueous Services, LLC found they had cost overruns in the 2"d quarter of2008 on dredging projects in the Western Gulf. He questioned if this had been investigated during the bidding process. Other research indicated Subaqueous Services Inc. offices had been raided by the FBI in conjunction with its investigation of (Jacksonville) "Port Authority board member Tony Nelson and the Port's contracts, " as reported in the Florida Times- Union, May 27, 2008. He submitted the jiJllowing documentsjor the record: . Articles of Amendment to the Articles of Incorporation of Subaqueous Services, Inc. dated February 29, 2008 - Change of name Subaqueous Services 1nc. to Hawg Enterprises, Inc. . Articles of Amendment to the Articles of Organization ofOMGl Sub, LLC dated February 29, 2008 - Change (Jfnamefrom OMGI Sub, LLC to Subaqueous Services, LLe. . April 26, 2008 Florida Times-Union article "FBI seizes records of Jacksonville port partncrs" . May 27, 2008 Florida Times -Union article "Port Authority's hire ofjirm is questioned" . September 19,2008 Florida Times-Union article "Firm protests port bid in Jacksonville. Fla. " . 2008 for Profit Corporation Annual Report signature page for All American Concrete, Inc.; American Marine and Construction Incorporated; Millmac Corporation (the other Companies under consideration) . Orion Marine Group, Inc. Fonn 424B3 filed March 5, 2008 and Orion Marine Group Press Release dated February 29, 2008, re: "Orion Marine Group Acquires Subaqueous Services, Inc. " . 2008 Collier County Vendor Evaluations for two projects completed by Subaqueous Services, Inc. He expressed concern whether Subaqueous Services, LLC. was fully investigated before the recommendation was made in the Executive Summary to the Board of County Commissioners. Gary McAlpin noted these issues would be investigated to the satisfaction of the County with background checks. Mr. Pires acknowledged the process provides for the lowest responsible bidder to be awarded the contract (not the lowest bidder), but wants to ensure all necessary infonnation is presented to the BCC for consideration in awarding the bid. Mr. Forcht questioned if any Change Orders were expected in the project. 4 161 1 A~ December II, 2008 Gary McAlpin noted this is a unit price contract based on before and after quantity surveys. Chairman Sorey requested Staff to review the bid specifications used in these projects to ensure they are adequate. Mr. Hendel requested clarification on the Speakers position on the issue, as the comments were directed to issues in the Wiggins Pass Modeling Evaluation Group. Speaker Doug Fee noted the relevance is in the land lease from the Florida Department of Environmental Protection (FDEP), which encompasses this area. It requires projects in Wiggins Pass be completed in accordance with local requirements. He noted he is in favor of dredging, but questioned whether the current dredge template should be reviewed to ensure it meets this requirement. Chairman Sorey noted these issues should be directed to the Wiggins Pass Modeling Evaluation Group, Gary McAlpin noted any modifications to the dredge template have been deemed unsubstantial by FDEP and dredging has been in complete compliance with the Land Development Code requirements, There are no substantial changes proposed to the dredge template at this time. Mr. Sorey moved to approve Staff's recommendation with the expectation the price will be re-negotiated better than what the current quote is. Second by Mr. Hendel. Motion carried 4 'yes" - 2 "no." Mr. Pires and Mr. Rios voted "no. " Mr. Rios voted "no" as he cannot go forward on the assumption the company will lower their bid. In addition, based on this process, at least one other firm should be requested to re-qualify their bid. 2. Marco Island FEMA Application Tropical Storm Fay Gary McAlpin provided a draft (FEMA) Report for the damage caused by Tropical Storm Fay and related "FEMA Project Worksheet." He provided an update for historic beach re-nourishment expenditures for the Marco Island beaches. It was noted a FEMA Grant would provide 75% of the funding for repairing the damage. 3. Marco Island FEMA Hazard Mitigation Request Gary McAlpin provided a handout consisting of an email to him from Ken Humiston of Humiston and Moore dated December II, 2008, subject: "Hazard Mitigation Proposal (HMP) Format" and related documents. He updated the Committee on the concept of Staff approaching FEMA to provide funding for a mitigation project for the beaches on the South End of Marco Island. 5 161 1 A-+ December] ], 2008 The mitigation would aid in preventing storm damage in the future. FEMA would provide 75% of the funding for the project to be located between markers] 48 - 147. This would alleviate FEMA from continually expending funds to repair the area following stonn damage. If it is feasible for FEMA to fund the project, the City of Marco Island will be approached on the feasibility of constructing the project. IX. Old Business 1. Consultant Prices Gary McAlpin provided an email from Kelsey Ward of the Purchasing Department dated November 19, 2008 in response to the issue of increased Consultant rates addressed by the Coastal Advisory Committee at their November meeting. Chairman Sorey noted the issue had been addressed and should not be pursued further. It was noted the motion passed at the November CAC meeting was for the BCC to aggressively review the rates and Mr. Pires asked if the sentiment of the Committee had been conveyed to the BCe. The issue had been conveyed to the Purchasing Department only and was recommended Mr. Pires meet with the BCC personally on further concerns he may have. X. Public Comments None XI. Announcements 1. Advisory Board Mileage Reimbursement Staff reported the BCC has approved mileage reimbursement for members traveling in excess of 20 miles for Advisory Board meetings. 2. CAC Schedule for 2009 Staff provided the recommended dates for next year's meetings, Chairman Sorey acknowledged the Committee accepted the scheduled dates for the 2009 meetings. XII. Committee Member Discussion Mr. Pires expressed concern in the above referenced email from Kelsey Ward to Gary McAlpin which stated "It would be counter-productive to askfor a reduction in hourly rates, because it would give the consultants an incentive to make upfor the lost revenue by padding their proposal with additional personnel categories and hours, which could cost us more in the long run." He sent an email to Gary McAlpin dated December 9, 2008, which highlighted the following: . The email from Kelsey Ward does not explain the increase in rates, 6 161 1 A-'+ December 11, 2008 . County employees should be qualified to review proposals and recognize "padding." . Concern regarding the assertion that Consultants will be less than honest in proposals. . What is the basis for this statement? . Can specific examples of"padding" be provided for consideration? Chairman Sorey noted the Committee has taken action regarding this item and the next avenue should be for any member/s who wishes to individually speak to their BCC representatives to do so. XIII. Next Meeting Date January 8, 2009 - Government Center, Administration Bldg. F, 3'd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:33 P.M. Collier County Coastal Advisory Committee ~>l These minutes approved by the Board/Committee on I J -1 Ii - O~ as presented V or as amended 7 Fiala o~/tt..- Halas .} lul' Henning !; Coyle , ' Ollntli COfllmissioners Coletta 4---- COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 15,2009, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMlAMI TRAIL EAST, NAPLES, FLORIDA: 16 I ...:11 f\: 5 RECEIVED IAN I 2 2009 AGENDA NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENT A TlON TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES.- NOVEMBER 20, 2008, REGULAR MEETING; DECEMBER 4, 2008, REGULAR MEETING; DECEMBER 9, 2008, HORIZON STUDY MEETING 6. BCC REPORT- RECAPS - DECEMBER 2,2008, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: V A-2008-AR-1360 1, Okeechobee Inn, L TD, represented by Gina Green, P.E. of Green Engineering, Inc., is requesting a Variance from LDC Subsection 4.02.27, Specific Design Standards.for the Immokalee-State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width. The 9.04-acre subject property is located on the west side of State Road 29, just north of the Lake Trafford Road intersection, in Section 32, Township 46 South. Range 29 East, Immokalee, Florida. (Coordinator: John-David Moss, AICP) B. Petition: CU-2008-AR-13639, Corporation of the Presiding Bishop of the Church of .Jesus Christ of Latter-Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is requesting a Conditional Use for a church in the Residential Single-Family (RSF-3) Zoning Districi.A'~ c8/ti'Wed in Section 2.03.02.A.l.c.2 of the Collier County Land Development Code (LDC). The 4.6~-acre s1mject property is located at 4935 Brd Court SW in Section 21, Township 49 South, Range fJitte:ast of Cf~ier 9<:>.unty, Florida. (Coordinator: John-David Moss, Alep) . {).:>~ t!J (-B9 Ilem#.~S 1 16l 1 A-f>' C. Petition: RZ-2008-AR-12930, Collier County Coastal Zone Management represented by Laura Dejohn of Johnson Engineering, Inc., requesting a Rezone from the RMF-6 (Residential Multi-family) and C-3 (Commercial Intermediate) zoning districts to the CF (Community Facility) zoning district to provide overflow parking for the Bayview Park boat launch. The +2.13-acre subject property is located in Section 23, Township 50 South and Range 25 East, Collier County, Florida. (Coordinator: John-David Moss, AICP) D. Petition: PUDZ-2007-AR-12026, Stephen J. Lockwood, Trustee for SJL Realty II Trust. represented by Heidi Williams, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Y ovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Savannah Place RPUD, to allow development of a maximum of 20 townhouse, single-family attached or single-family detached dwelling units. The subject 6.8 H acre property is located on the south side of Orange Blossom Drive approximately II, mile west of Airport Road (CR 31), in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) 9. ADVERTISED PUBLIC HEARINGS A. PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, Inc., represented by Richard Y ovanovich of Goodlette, Coleman, Johnson, Y ovanovich and Koester, P.A., are requesting a rezone from the Residential Single-family (RSF-I) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with a master site plan to a maximum of 100,000 square feet of houses of worship, children and adult day cares, a Pre-K through 3rd grade school, and various accessory uses; and an additional 20,000 square feet of children and adult day cares, Pre-K through 3rd grade school and accessory uses contingent upon Conditional Use approval. The 15.93-acre subject property is located at 6926 Traillloulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. (Coordinator: John-David Moss, AICP) READVERTISED FROM 11/06/08 B. Petition: V A-2008-AR-13756, Lee Wyatt, represented by Lauren Barber of Turrell and Associates, is requesting a front yard setback Variance for principal structures in the Mobile Home (MH) Zoning District from 25 feet to 16 feet, as required by Land Development Code (LDC) Section 4.02.01. Setbacks fiJr Base Zoning Districts, to pennit a nine-foot setback; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9.04.02.B.1. The approximately 0.14-acrc subject property is located on Lot 77, Otter Avenue, in Plantation Island, of Section 24, Township 53 South, Range 29 East Collier County, Florida. (Coordinator: John-David Moss, AICP) C. Petition: PUDZ-2007-AR-I1320, Sembler Family Partnership #42, represented by Robert Mulhere, AICP of R W A, Inc and R. Bruce Anderson, Esquire, of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed-Use Planned Unit Development (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use development. The rezoning petition allows for a maximum of 122,000 square feet of medical office and medical support facilities, and up to 48 multi-family d\\'elling units, with allowances for modifications of commercial activates and residential uses for additional permitted commercial uses. In no case shall the commercial square footage exceed 185,000 square feet. The subject property is generally located one- half mile east of Collier Boulevard (CR 951) on Rattlesnake-Hammock Road Extension, the south one-half of the Southeast one- quarter of the Southwest one-quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) CONTINUTED TO 2/5/09 10. OLD BUSINESS 11. NEW BUSINESS A. Distribution of the Collier County Sign Code draft revision to remove the elements declared unconstitutional by the' Eleventh Circuit Court. The presentation will include an 8-10 minute explanation of the basic constitution law concepts that protect free speech in sign age and which guided the revisions. (Coordinator: Catherine Fabacher, AICP) TO BE HEARD IMMEDlA TEL Y FOLLOWING CONSENT AGENDA ITEMS 2 161 ]2. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN ] 1l5/0S eepe Agenda/RB/sp 3 1 ~ 5 Fiala Halas Henning Coyle Coletta II'" L. 16 , 4: :r November 20,~008 ~ TRANSCRIPT OF THE MEETING OF THE LOLLlER COUNTY PLANNING COMMISSION Naples, Florida November 20, 2008 RECEIVED JAN 2 1 2009 80ard ot (:ounly commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Bui]ding "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Karen Homiak Donna Reed-Caron Tor Kolflat Paul Midney (Absent at roll call) Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Heidi Ashton-Cicko, Assistant County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning & Land Development Review Thomas Eastman, Dir. of Rea] Property, School District (Absent) Mise. Corres: Date: !tern #. Page 1 :opies to NoJe~btr 2J2~8 5 CHAIRMAN STRAIN: Okay, good morning, everyone. Welcome to the November 20th meeting of the Collier County Planning Commission. If you'll all please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison,) Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: Okay, roll call by our secretary, please. COMMISSIONER VIGLIOTTI: Commissioner Koltlat? COMMISSIONER KOLFLA T: Here. COMMISSIONER VIGLIOTTI: Commissioner Schiffer? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER VIGLIOTTI: Commissioner Caron? COMMISSIONER CARON: Here. COMMISSIONER VIGLIOTTI: Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Commissioner Vigliotti is here. Commissioner Murray? COMMISSIONER MURRAY: Here. COMMISSIONER VIGLIOTTI: Commissioner Wolfley? COMMISSIONER WOLFLEY: Here. COMMISSIONER VIGLIOTTI: Commissioner Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER VIGLIOTTI: Tom Eastman's not here. CHAIRMAN STRAIN: Tom Eastman is not here. And Mr. Midney is not here. Rightfully so, because we don't have any school issues with the sign variance coming up and there's only discussion, so I certainly understand why Mr. Eastman's not here today, Before we get into the agenda, let's go through a few of the housekeeping matters. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Addenda to the agenda, The first item on today's agenda of the advertised public hearings was Petition 9(A) for Seasonal Investments, Inc., d/bla Fairways Resort requesting seven variances. That item's been continued to December 4th at our regular meeting. It will not be heard today. Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Planning commission absences. We have to discuss some -- a schedule that we have changed. 11/24, which is next week, we had scheduled a review of the floodplain management ordinance. That needs to be changed to January 26th, if that works for the majority of the Page 2 16 II/< 5 November 20, 2008 members of this commission. I don't hear otherwise. l'l1 assume it does, and we will use that date, January 26th. If Ray or Joe, you want to confirm with Mr. Wiley that works, then that will be fine. And our next regularly scheduled meeting is December 4th. Does anybody know if they're not going to be here on December 4th? (No response.) CHAIRMAN STRAIN: Okay, looks like we've got a quorum then, Item #5 APPROVAL OF MINUTES - SEPTEMBER 26, 2008, LDC MEETING; OCTOBER 2, 2008, REGULAR MEETING; OCTOBER 2, 2008, LDC MEETING CHAIRMAN STRAIN: Next item is the approval ofthe minutes. The first one -- we have three of them. The fust one is September 26th, 2008, an LDC meeting. Is there a motion to recommend approval? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti. Is there a second? COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Mr. Murray, thank you. Okay, any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. The next one is October 2nd, 2008 regular meeting. Is there a motion to approve? COMMISSIONER MURRAY: Approve. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Murray, Seconded by Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: In all in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye, COMMISSIONER HOMIAK: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. Page 3 16 I ,:t:..it November 1, 2008 5 COMMISSIONER KOLFLA T: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8-0. And the final one is the LDC meeting of October 2nd, 2008. Is there a motion to approve? COMMISSIONER CARON: Approve. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Ms. Caron made the motion, seconded by Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signity by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Item #6 BCC REPORT ~ RECAPS - SEPTEMBER 24,2008, LDC MEETING; OCTOBER 7, 2008, LDC MEETING; OCTOBER 14-15, 2008, REGULAR MEETING Okay, BCC reports. Ray, anything you want to throw into the mix? MR. BELLOWS: Yes. On November 18th, the Board of County Commissioners heard two items on the summary agenda. Both items were approved. The first was a conditional use for the First Congregational Church of Naples. And the second one was an NUA for the Hitching Post -- a Nonconforming Use Alteration petition for the Hitching Post. And that was also approved on the summary agenda. CHAIRMAN STRAIN: Okay, thank you. COMMISSIONER SCHIFFER: Mr. Chair? CHAIRMAN STRAIN : Yes, sir. COMMISSIONER SCHIFFER: One thing, Ray, have you had all the LDC hearings already? MR. BELLOWS: I don't believe so, MR. SCHMITT: Yes. The -- all the LDC hearings have been conducted. The board approved the final resolution -- or correction, ordinance. However, there were 13 or could have been 14 amendments that have been bumped to the next cycle. Those were the amendments that you all did not pass having to do primarily with the EAR-based Page 4 J,~JberIo, 2~8 5 amendments dealing with the environmental issues. (Mr. Midney enters the boardroom.) COMMISSIONER SCHIFFER: The question was, does the commissioners ever change the amendments as they're going through them, kind oflike we do as they're going through us? MR, SCHMITT: I didn't hear the question. COMMISSIONER SCHIFFER: The question is, does the commissioners make changes to the amendments as they're going through them? MR. SCHMITT: In most cases they do, yes, they'll make changes and modifications as they go through the two hearings, Well, I say -- often they do, but not many of the amendments, but there are amendments that they certainly make changes to. COMMISSIONER SCHIFFER: And I guess the question really is, is there a way we could get and see what those changes are just so -- because we remember them as they go through here. They obviously go into the ordinance, into the LDC, and I'm not so sure -- MS. ASHTON.CICKO: If! could interject for a moment. We do have copies. I think there were about three changes, slight changes to a couple of the sections. And we can get that information to you. COMMISSIONER SCHIFFER: Or are they posted on the internet -- MR. SCHMITT: And there was one withdrawn during the hearing, had to do with the bubble irrigation systems in lieu of that one, as actually the board didn't approve and it was withdrawn. So there were some other ones. We can certainly give you a recap of the changes. COMMISSIONER SCHIFFER: And the intent, Joe, is just to keep up to speed. As we leave here, it would be nice to know -- MR. SCHMITT: Yeah. COMMISSIONER SCHIFFER: -- how they've changed. Thank you. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: Okay, next item is Chairman's report. I have passed out or provided copies to each of you of the letter that this board authorized to be sent to the Board of County Commissioners regarding our concerns over the processing of the RLSA Phase II report. So that was distributed a week or so ago, a few days after the approval was provided. And that's just for your records. I also passed out, and I'd like Ray to put it on the overhead, a map I've received that I can't tell you what the purpose of the map is. I can't tell you what it's to be used for other than what it plainly says in the front of it. And it says, the illustrated road network which supports 45,000 acres of potential development in the RLSA is for modeling purposes only. Actual road segments and alignments may differ than as shown on the map. Obviously this is a draft of something, conceptual build-out roadway network. The red dots represent town nodes. There's 22 of those. Now, my purpose in showing this to all of you is that this may not be a real map, this may not be anything that could even get to a point where it's built this way. But if the system can provide for this, and as it says here, it supports 45,000 acres of potentia] development when the current SRA's are much less than that right now, this then possibly reflects things that could come through the change process in the GMP's after the GMP's are discussed with the Phase II report. That's why the Phase II report and its discussion is so vital to the citizens of this county. Ifwe're Page 5 161~iA- 5 November 20, 20ds going to have an area in the east with 22 towns as a potential where you have acreage of each town up to 4,000 acres, and they're a full service town, schools, shopping centers and everything, the planning of that area cannot be rushed through the system, And that just further emphasizes why this planning commission last time wanted to see this go through the process carefully as it had previously been planned. And I'm leaving this with you all for your reference. This is just something to keep in -- when we do get to the discussion it will be interesting to understand this a little bit better at that time. So that's aliI have. Mr. Murray? COMMISSIONER MURRAY: Bravo. CHAIRMAN STRAIN: Thank you, sir. Item #8A PETITION: BD-2008-AR-13305. PETER D. DONAHUE CHAIRMAN STRAIN: With that, we'll move into consent agenda items. The first one is the boat docks -- boatIift slip number one to the existing 24-sIip dock for Peter D. Donahue on Bonita Beach Road, And AsWey, I believe you may have a correction or something to it? MS. CASERTA: Yes, I do. For the record, AsWey Caserta, Department of Zoning and Land Development Review. The original -- at the original hearing, the request was 54 feet, six inches. And at the hearing it was decided that it should be 57 feet and six inches. The resolution was revised to reflect that. However, Exhibit B wasn't revised until yesterday. So I have changed out the Exhibit B in the official resolution for you to sign. And I've got copies here, if you guys would like to have them. CHAIRMAN STRAIN: Well, the only change then on that graphic would be to take the 54-six and change it to 57-six. MS. CASERTA: Yes, that's correct. CHAIRMAN STRAIN: Does anybody have a problem with that? (No response.) CHAIRMAN STRAIN: Okay, with that, is there a motion to approve the consent item for Petition BD-2008-AR-13305 with the correction noted by staff? COMMISSIONER WOLFLEY: So moved. COMMISSIONER CARON: I second it. CHAIRMAN STRAIN: Motion made by Commissioner Wolfley, seconded by Commissioner Caron. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signity by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMlAK: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. Page 6 Nov~m~e~ 20,;O~8 ~ COMMISIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion caries 9-0. And by the way, let the record show that Mr. Midney arrived a little while ago and is now here. Item #8B PETITION: PUDA-2008-AR-13494, KITE KINGS LAKE, LLC CHAIRMAN STRAIN: Next item on today's agenda for consent is Petition PUDA-2008-AR-13494, Kite King's Lake, LLC. And that's the shopping center that we went over last time. Are there any comments, corrections to the record on that? COMMISSIONER HOMlAK: I -- CHAIRMAN STRAIN: Go ahead, Karen. COMMISSIONER HOMIAK: I have a number of things. First, there's a few corrections in the -- on -- in Section six that we were given, 6.2.A, number six. It said to exclude lumber yards. But the SIC number for lumber yards is 5211, and it's not included in that anyway. CHAIRMAN STRAIN: Right, but I think the concern that was raised during the meeting was that they still -- we don't want them having yards of material stored outside when the example provided to us was they were looking at it like an Ace Hardware or something like that which is fully enclosed. And I think the reference is only to make sure that they don't get into an outside operation. I don't know if it hurts anything. Do you? COMMISSIONER HOMIAK: No, it's just not under that number, but that's all right. And number seven, it lists 7384, and then says detective and private investigators only. But that should be 7381. CHAIRMAN STRAIN: Meaning-- COMMISSIONER HOMIAK: That's the code that that comes under. CHAIRMAN STRAIN: But see where it says 7371-7384, that means it's all the numbers in between. And so what they're saying is for all the numbers that are in that cluster, it means detective and private investigators only, So that number you're referencing -- COMMISSIONER HOMIAK: I didn't see that anywhere else, it seemed to be right behind the number, so -- CHAIRMAN STRAIN: Okay. I mean, I'm-- COMMISSIONER HOMIAK: That's fine. CHAIRMAN STRAIN: Stafl: if I'm reading this wrong, please correct me. COMMISSIONER HOMIAK: That's fine. MR. BELLOWS: For the record, the way we've been doing this in the past, ifit's in a dashed group of numbers such as this, then you can pull out certain uses within that range of SIC codes. CHAIRMAN STRAIN: Could this be made clearer then? Is there a better way to do this? Page 7 16 I ''1 ,A 5 November 20, 2008 MR, BELLOWS: The only way is to list that specific SIC number, then say excluding that. I don't think it matters one way or the other. CHAIRMAN STRAIN: Richard? MR. YOV ANOVICH: Yeah, if! can. For the record, Rich Y ovanovich. I think was that the intent. And we need to put the SIC code number there that only allows those two uses out of it. Because obviously that range of SIC codes encompasses a lot more than just those two uses. I think we were supposed -- it was supposed to clarity which SIC code itse]fhad that number. So we'll make that clarification. CHAIRMAN STRAIN: Well, let's make it right now so we know what it's going to say. And that way Karen knows right upfront how it's going to look. COMMISSIONER CARON: She knows, 7381. CHAIRMAN STRAIN: So it will say 7371 to 7380, Then it will say 7381, detective and private investigators only. MR. YOV ANOVICH: Correct. CHAIRMAN STRAIN: Then it will be 7382 through 7384. MR. YOV ANOVICH: Correct. CHAIRMAN STRAIN: Okay, does that work? COMMISSIONER HOMIAK: Yeah, that's fine. CHAIRMAN STRAIN: Anything else? COMMISSIONER HOMIAK: And then number 15, code number 5735 includes in it videotape stores for retail. So I think it should be the same, whatever wording -- if it's going to be on number 31, it uses no adult-oriented store. So that should be included on that number too. CHAIRMAN STRAIN: So on that one, Richard, you would read 5712 to 5734, comma, 5735, and you would use the language on number 31, excluding adult-orientated stores of any kind. MR. YOV ANOVICH: Correct. CHAIRMAN STRAIN: And then you would go 5736, Does that work for everybody? COMMISSIONER HOMIAK: Yeah. And then number 20, 5999, it should also include that it excludes gravestones. So you have monuments and -- MR. YOV ANOVICH: Is that different than tombstones? COMMISSIONER HOMIAK: -- monuments and tombstones, but they also list gravestones. MR. YOV ANOVICH: Okay, that's fine. COMMISSIONER HOMIAK: And possibly sales barns. I don't know what a sales barn is. MR. YOV ANOVICH: Okay. We think that's an auction house. CHAIRMAN STRAIN: I'd rather, ifhe doesn't have an objection, it would be better to take it out than leave it in. Who knows what that -- could happen in the future. So number 20 would read in the end, except auction rooms, monuments, gravestones, sales bars and tombstone sales. MR. YOV ANOVICH: Was it sales bars or barns? COMMISSIONER HOMIAK: Barns, MR. YOV ANOVICH: Bams. Okay, we'll take that out. That's fine. CHAIRMAN STRAIN: Okay, good. Anything else, Karen? COMMISSIONER HOMIAK: Yeah. CHAIRMAN STRAIN: Go ahead. Oh, no, did you say, or yeah? Page 8 16' 1 A 5 November 20, 2008 COMMISSIONER HOMIAK: Yes. CHAIRMAN STRAIN: Oh, that's fine. No, this is what we're supposed to be doing. COMMISSIONER HOMIAK: And I have -- I didn't have the book last time, so -- and I didn't know the codes were online, so I went through them all. And there's a lot of things here that could potentially -- personally I think -- I mean, this is supposed to be a commercial shopping center, and that's what it's listed as, for retail shops and personal services, the way it's been for 20 years. I think it should remain that way and serve the neighborhood. But a lot of these listings here could potentially leave it open to being a government center or a college campus, research center, jail. There's so many things listed under there that it's -- so I really can't support this with some of these numbers that are in there, like number 10, educational services, and 26 is also educational services. CHAIRMAN STRAIN: Before we go too far then-- COMMISSIONER HOMlAK: And I have all of these listed here. COMMISSIONER CARON: But see, we got a little problem. I've got to get legal counsel to kind of help us here. The discussions of those kind of items were supposed to occur at the last meeting. This is purely a consent agenda where the only thing you're allowed to do here is claritY language that wasn't written as clearly as we stated it at the last meeting. And I understand your dilemma because you now got -- COMMISSIONER HOMlAK: Okay. But then 1 do not support it and list these reasons then, right? CHAIRMAN STRAIN: Yes, you could do that, certainly. Then what that will do, Karen, is send a signal to the BCC that they need to look at some of these in a closer manner than -- MR. SCHMITT: Wait a minute, you can't revote. CHAIRMAN STRAIN: No, we're going to vote on the consent agenda. She's going to just vote yeah or nay on the consent -- oh, I see what you're saying, she's going to be voting for the whole action, Yeah. Heidi, any comment? MR. SCHMITT: We can add in the executive summary additional concerns that were raised on the consent -- during the consent discussion. But I -- and I'll turn to counsel, but I don't believe we can reopen this for a vote. CHAIRMAN STRAIN: I'm not trying to do that, I know we can't, and that's why I'm trying to figure out a way to let Ms. Homiak's concerns get on record, but at the same time finish this as a consent item, Or if the applicant wants to come back and rehear it in front of us before he goes to the BCC, that's their option as well. MS. ASHTON-CICKO: I think you've covered some of the options. You can either proceed today and staff can note in the executive summary that it was approved, whatever the approval number was at the last meeting, and then note during the consent agenda discussion there were some questions raised, They could do it that way. If the applicant chooses that they want clarification of these issues, then they can request staff to reschedule it at another CCPC agenda. But generally advisory boards don't have the ability for reconsideration like the Board of County Commissioners does. So I think those are really the two options that I can come up with today. CHAIRMAN STRAIN: Okay, and a reconsideration would have had to been done within two weeks anyway, I believe. Isn't it -- MS. ASHTON-CICKO: But again, generally that's the Board of County Commissioners that has Page 9 16 J 1 P< 5 November 20, 2008 the reconsideration. That has not been extended to the advisory boards. COMMISSIONER MURRAY: We have had reconsideration. MS. ASHTON-CICKO: Oh, has it? COMMISSIONER MURRAY: Oh, yeah. CHAIRMAN STRAIN: Yeah, I thought we've had in the past. But I understand there's some -- Mr. Yovanovich? MR. YOV ANOVICH: Well, we're in a little precarious position here, because we've worked with the neighbors and given them basically everything they had requested regarding the changes, so we don't have any objectors that we're aware of. We had unanimous support from the planning commission the first go around, so we were heading towards a hopeful summary agenda. And I would like to see ifthere's a way to possibly continue to do that, if -- is it possible, and I'm just asking to consider it -- to hear maybe what those concerns are, if you were to -- if we were to agree to allow it to be pulled off and take out uses that were previously allowed, would that be an allowed change to a previous approval? Because it's not adding anything new, it's reducing what was previously there. And if, you know, there's a clarification like we can't have a college campus, we thought we took care of that by deleting that as one of the conditional uses, that we would have to come back for that. So if it's maybe we didn't adequately limit what we previously had limited, you know, I'd hate to go off the summary agenda for something that really could have been clarified. So maybe if we can go through the uses, maybe some of these are really clarifications to what was voted on. CHAIRMAN STRAIN: Before Heidi answers, maybe as another option, consider this: We have a -- we virtually have one item on today's agenda. I expect that to be moved through reasonably quick this morning. And we could actually put this off until after that item on this agenda, which will give us time to, you know, spend more time on it on our regular agenda, and then we could finish it all up on today's agenda. Is that acceptable? MS. ASHTON-CICKO: I think that's acceptable. I'd suggest that you raise all the issues that you have right now and give the applicant the opportunity to come up with some proposed language that can be read at the conclusion of the meeting. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Doesn't that, though, represent that we'd be giving it a rehearing? Because while one objects to it now, the balance may not. And we're holding it hostage to an individual. And that might be an appropriate thing, but I'm talking legally now, aren't we effectively having a rehearing? CHAIRMAN STRAIN: Well, Bob, I think-- MS. ASHTON-CICKO: Well, I think that what could happen is if it goes to the Board of County Commissioners with issues that they deem unresolved by the planning commission, I believe that they would have the ability to ask that it go back to the CCPC for clarification, so -- CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: I've got to tell you, we'll have to talk about this I think privately, because Ijust don't see how we now can discuss issues and raise issues that are going to change the zoning that have already been heard during a public hearing, And we're essentially now changing what has already been approved, I can understand modifications or other wordsmithing for clarification, but if this is a material Page 10 16~ lul.\' 5 November 20,2008 change, I mean, we're opening the door for readvertising and for rehearing. MS. ASHTON-CICKO: I understand Joe's concern. However, Mr. Yovanovich has indicated that it will be a further limitation of the uses and not an expansion, So based on that, I am okay with -- MR. YOV ANOVICH: I don't know, we briefly talked out in the hallway about some of the issues. What was mentioned to me was never intended to be on this site anyway. And I thought we had clarified that. So I think it's really a clarification -- it may be a clarification of the intent of the motion altogether when we move some -- we eliminated a lot of those conditional uses, remember. So -- CHAIRMAN STRAIN: Why don't we just for that purpose, why don't we continue with the debate __ the discussion between Ms. Homiak, her issues, and responses from you. And then at the end ofthat, if there's anything that increases the level of this to a scrutiny beyond what can be done on consent, then we can decide how to do it based on how intense or less intense it is. MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: So let's proceed that way. And Karen, if you just want to move forward with your points, we'll just work our way through them. COMMISSIONER HOMIAK: Well, it's -- CHAIRMAN STRAIN: And by the way, I think the issue here is that Ms. Homiak, being a new member, did not have the SIC Code book, nor did she have access online at the time. So dynamics have changed a bit. And out of deference to any commissioner on this panel, I certainly want to see this vetted out as thoroughly as we possibly can. MR. YOV ANOVICH: We do, too. And again, what we heard was nothing that I see as an issue. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: Yeah, I know I'm going to seem as an objector to this, but it effectively reduces the action to one commissioner and the petitioner, and then -- as a sub-committee, and then it's brought back to the full committee. And I find that irregular, so -- CHAIRMAN STRAIN: Let me explain an example then, Mr. Murray. Because I know that we took out conditional uses, some of which were college universities or something like that from the last one. I forgot how that was worded. But yes, it says number two, C.2 was stricken. Could have come back as a conditional use as schools and colleges. Now, if you go to number 10, educational services, groups 8231, it seems kind of contradictory to our intention by striking it as a conditional use to have inadvertently left it in number 10; otherwise, they would never have needed to ask for it as a conditional use, So those kind of clarifications 1 think would benefit everyone if we would just, you know, flush them out and get through the discussion. COMMISSIONER MURRAY: And I understand that. Let me just say to you, I have no objections in general terms to modifications. I just thought if it's going to be something that is significant -- because quite frankly, the way I see it, we had a CA and I think C.5, or C.3 and CA. MR. YOV ANOVICH: UCA. COMMISSIONER MURRAY: And those uses were, you know, potentially significant. All of the things that might be objected to may have been something that could have been put in there legitimately. And we -- you know, you were asked to change it and you've changed it. And while you have no objection, I think it also precludes many things for the future that might very well be desired to be manifested. So I just thought it should be the regular -- if we're going to start talking about significant changes, Page II No~J 2~,lo~ 5 and I don't know how many changes we're talking about, but 1 got the impression, and maybe that's where we need to be qualified, Are we talking about a lot of changes? MR. YOV ANOVICH: I don't know, that's what we're trying to find out. If they're really clarifications to the intent of the motion, then fine, If they're an elimination of a use that everybody else thought was appropriate, I don't know the answer to that. I do know the schools and colleges issue, we never intended to put a school and college there, and ifit still shows up in one of the SIC codes, then maybe we need to add-- COMMISSIONER HOMIAK: It is -- MR, YOV ANOVICH: -- except school and colleges. CHAIRMAN STRAIN: So let's look at this as a continuation of the discussion of clarifications on the consent agenda, COMMISSIONER MURRAY: I will concur. CHAIRMAN STRAIN: And if the county attorney sees it going beyond that, she needs to step up and say so, and we'll continue under that manner. Is that okay, Ms. Ashton? MS. ASHTON-CICKO: Yes, that's acceptable. CHAIRMAN STRAIN: Okay, go ahead, Karen. COMMISSIONER HOMIAK: It's in number 10 and number 26. Those -- CHAIRMAN STRAIN: Let's start with 10. COMMISSIONER HOMlAK: -- are both the same groupings, though. They're all under educational services. And they include the schools and colleges and libraries. CHAIRMAN STRAIN: Okay. And if Richard -- COMMISSIONER HOMlAK: I have them all right here, if you want. I can pass these out, if you want to see them. CHAIRMAN STRAIN: Sure, you can pass them out if you'd like, absolutely. COMMISSIONER HOMIAK: All the code listings. I don't know how many -- CHAIRMAN STRAIN: Then I guess then that goes back to the intention of this commission's striking C, conditional uses. If we thought those elements were not supposed to be conditional uses, then rightfully so as a matter of clarification why are they even in the principal use allocation, MR. YOV ANOVICH: I guess it's funny. Like for instance, 8231 is under educational-- the grouping of educational. But what 8231 is, it's a library. Now, the previous PUD had libraries listed as a use, an allowed use. CHAIRMAN STRAIN: Okay. We didn't intend to take out libraries that I know of. Does anybody on this commission believe that was their intention? COMMISSIONER SCHIFFER: No. COMMISSIONER CARON: Not 1. COMMISSIONER VIGLIOTTI: No, not at all. CHAIRMAN STRAIN: Okay -- go ahead, Ms. Caron. COMMISSIONER CARON: So could you not under 10 just put in parens, libraries? I mean, that's what it is, Do it -- MR. YOV ANOVICH: And that's fine. COMMISSIONER CARON: -- then there's no question. MR. YOV ANOVICH: I understand. I understand. We're-- COMMISSIONER CARON: That's easy. MR. YOV ANOVICH: I understand. COMMISSIONER CARON: Yeah, that's easy. Page 12 Nove~~e! 20, !ots 5 CHAIRMAN STRAIN: Okay, now let's go to 26. How would -- now 26 is -- was added as a conditional use, but it was in the principal uses. What was your intentions there? Because we struck the conditional uses. MR. YOV ANOVICH: Okay, maybe it's easier in just go through what -- 8243 -- we're on number 26, right? 8243 is data processing schools, which is computer operator training, computer repair training, computer software training and data processing schools. That's what 8243 is. 8244 is business and secretarial schools, which is business college and schools not of college grade, court reporting schools and secretarial schools. That's what 8244 is. And then 8249 is vocational schools not elsewhere qualified. And we limited only to real estate, banking and tax and restaurant operations within the center. And then 8299 is school and educational services not elsewhere qualified, which -- classified, I'm sorry. And we only have art schools, charm schools, cooking schools, diction, drama, modeling, public speaking, language, and reading and tutoring. So we -- CHAIRMAN STRAIN: Okay, does anybody see-- MR. YOV ANOVICH: I hope that those limitations make it clear that we are not going to have a college or a real -- or a school. CHAIRMAN STRAIN: Does any member of this commission see any conflict between those uses as in number 26, after they've been now explained, versus the striking that we requested on C.2? Because the striking of C.2 is a consent agenda item consideration. And if there was a conflict, then I would believe under consent agenda we have the right to clarifY the conflict. Does any -- MS. ASHTON-CICKO: Mr. Chair, I'm also going to suggest a slight change in the language in that after 8249 you delete the comma and put a parenthetical, And the parenthetical would end after restaurant operation. And then for 8299, put a parenthetical after that, which would end at the end of the sentence reading and tutoring. CHAIRMAN STRAIN: Which it does already, so -- MS, ASHTON-CICKO: Correct. And then you're going to have to add another parenthetical for the whole thing, So between schools and colleges, it will be a double parenthetical. And then at the end of the sentence it will be a double parenthetical. I think that reads a little more clearly. CHAIRMAN STRAIN: Yeah, thank you. Mr. Murray? COMMISSIONER MURRAY: Yeah, and I noted that our good friend, Mr. Yovanovich, in his recitation spoke of language schools. But on Ms. Caron's document, that's not bolded. Did you want language schools, or is that -- maybe Ms. Homiak doesn't want language schools. I'm not sure which applies. I'm looking at her document, the one she passed out. COMMISSIONER HOMIAK: I was just highlighting what was on here. COMMISSIONER MURRAY: I'm sorry? CHAIRMAN STRAIN: Ms. Homiak was highlighting in bold the ones that were culled out for apparently on -- COMMISSIONER MURRAY: Except that he said language schools. CHAIRMAN STRAIN: He said language schools? COMMISSIONER MURRAY: He did, in his recitation. CHAIRMAN STRAIN: It's there? Page 13 NoJe~lr 2J.2ots 5 MR. YOV ANOVICH: It's in the ordinance. COMMISSIONER MURRAY: I'm trying to -- CHAIRMAN STRAIN: Oh, I see what you're saying. MR, YOV ANOVICH: She just -- I think she just missed highlighting that one. I think she was higWighting the ones that were okay and she just -- COMMISSIONER MURRAY: So is that okay, language schools? Is that what we're saying? MR. YOV ANOVICH: Is this okay the way it's written? Does it clarify your issue regarding a college and all that? You'll see in a lot of these centers, in a lot of shopping centers you'll see like a real estate school as a tenant. And that's what we're trying to make sure we could still have those as tenants within the shopping center. Because if you don't list those, then you cannot have a -- you couldn't have a real estate school as a tenant. CHAIRMAN STRAIN: The objective here though is to get this board's opinion on whether or not the striking out of the conditional use is consistent with the remaining principal uses based on the discussion we just had on item 26. Ms. Homiak, did you have any more concerns on item 26 after this discussion? COMMISSIONER HOMIAK: Well, just a clarification. On there, the first one that was crossed out, I mean, what they're changing never listed the codes; is that correct? MR. YOV ANOVICH: Right. COMMISSIONER HOMIAK: So it was just crossing out schools and colleges. CHAIRMAN STRAIN: Could you tell me what you're looking at? What is it -- COMMISSIONER HOMIAK: That's fine, if this is going to be -- CHAIRMAN STRAIN: Are you looking at the C.2 on Page 6? COMMISSIONER HOMlAK: Yes, accessory uses. That must have been added before, because there was never any codes. It was just schools and colleges. MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: Gotcha. COMMISSIONER HOM]AK: That was from before, so -- CHAIRMAN STRAIN: Well, is there any -- from your perspective, since you brought it up, do you now have any concerns after this discussion on number 26? In regards to the intention of this board's vote, and your vote as well, last time versus what we now have today. COMMISSIONER HOMIAK: Well, I guess not on the vote last time. But I didn't realize what all the listings were, so -- CHAIRMAN STRAIN: I know, and that's-- COMMISSIONER HOMIAK: -- it's difficult for me to -- you know, CHAIRMAN STRAIN: And I think where I'm trying to go is, even though you may not have been clear on the SIC codes because you didn't have them at the time, does this discussion raise any more flags for you, regardless? Because we need to end this part of it and move on to the next one, and I'm trying to get a consensus from the panel. I think the rest of the members are satisfied that-- COMMISSIONER HOMIAK: It's fine. I mean, this still goes to the BCC for the vote anyway. CHAIRMAN STRAIN: Right. COMMISSIONER HOMIAK: So -- CHAIRMAN STRAIN: Let's go to the next one then, Do you have any -- what's your next question? COMMISSIONER HOMIAK: Number 18, membership organizations. Page 14 16 \ 1 A 5 November 20, 2008 CHAIRMAN STRAIN: Okay. What did we address in our previous -- COMMISSIONER HOMIAK: That list, you know, I -- it lists churches and -- but there is a-- under the accessory uses there, there are private clubs -- subject to provisions of section -- I don't even know what section -- this is an old description, but -- CHAIRMAN STRAIN: Is there any specific change from what we voted on last time to the language in number 19, or concerns from 19 where that may be included in the SIC code to what we discussed last time that you feel needs to be addressed? COMMISSIONER HOMIAK: Well, Ijust don't --I mean, that was a place where there could be a church previously? CHAIRMAN STRAIN: Well, I don't know what 18 -- what 7622, if it's in your document -- do you have it, Wayne? MR. YOV ANOVICH: 8661, it lists as allowed uses churches, convents, monasteries, religious instruction provided by religious organizations, religious organizations, shrines, religious, and temples, 8661, those are listed as what's within that category. CHAIRMAN STRAIN: Okay, were any of those brought up in any discussion by this board at the last meeting in which they needed to be addressed under that category? Does anybody recall? COMMISSIONER MURRAY: 1 do not recall any such conversation. CHAIRMAN STRAIN: Ms. Homiak, is there a new issue you have with that, so we can determine if it's something that goes beyond the consent agenda then, or do you have a specific reference that we need to look at in regards to -- or we may have decided one of those is not -- or one or more may not be the right thing for this location? COMMISSIONER HOMIAK: Well, I just thought private clubs, that's not the same as a membership organization? COMMISSIONER MURRAY: Could be a civic association, that's a membership organization. CHAIRMAN STRAIN: Mr. Murray? I don't see that as a point of discussion from last time, but it will go to the BCC, and you -- COMMISSIONER HOMIAK: It's crossed off there in the -- CHAIRMAN STRAIN: Okay, where is it crossed-- COMMISSIONER HOMIAK: Accessory uses, C. CHAIRMAN STRAIN: Let's go back. Number C? COMMISSIONER HOMIAK: Co3. CHAIRMAN STRAIN: Private clubs, okay. And where is the private clubs in number 18, what number would that be? COMMISSIONER HOMIAK: Well, it's listed as membership organizations. I don't know, that's not the same? CHAIRMAN STRAIN: No. Well, I shouldn't say no. Is there a definition? What's the SIC definition is -- well, l'll tell you what, why don't we just go membership organizations, parenthetical, excluding private clubs, end parenthetical, and that applies to the whole line. And clarifies that line. MS. ASHTON-CICKO: Is that acceptable to the applicant? MR. YOV ANOVICH: I'm just trying -- I'm trying to think. COMMISSIONER WOLFLEY: It's pretty broad. MR. YOV ANOVICH: Does that -- the question I have is if I'm the Elks Club or someone else, am I considered -- I mean, I'm a fraternal organization. And does the private -- I don't know, is there any kind of conflict because the two, because you have to be a member of that fraternal organization, CHAIRMAN STRAIN: Okay, but Richard -- Page 15 16\ 1 A 5 November 20, 2008 MR. YOV ANOVICH: Ijust want to make sure I'm not doing anything silly. CHAIRMAN STRAIN: Let's go back to the last meeting. Last meeting we agreed private clubs should be eliminated as a conditional use. Basically the intention there was if you thought you needed that, you'd come back through an amendment to the PUD. Why would we have done that if you could have -- if you included it somewhere else under another number that we didn't know? Our intention wasn't for that to happen. So I don't know how you'd have an objection for the same wording being added to 18. MR. YOV ANOVICH: I'm not saying I do, I'm just trying to think it through real quickly because I hadn't thought of there could be a potential conflict. I'm just trying to think if there is one. CHAIRMAN STRAIN: That should have been done two weeks ago. Go ahead, Mr. Murray. COMMISSIONER MURRAY: Well, you know, you could have some of these weight loss center type organizations, call themselves private clubs, and they have membership. Does that put you in conflict? We're in a rehearing, right now as far as I understand, MR. YOV ANOVICH: No. I mean, I understand. I think that -- I never thought we could have -- I never thought that in any way someone would interpret that -- that use you just described as a quote, private club. So I just -- I just want to see, is there something I've got to worry about, I get a tenant who is a weight loss center that someone could interpret to be a private club. Now that's -- COMMISSIONER SCHIFFER: Rich, would you have a problem. One of these things in there is called a social club, parenthesis, membership. Would you have a prob]emjust excluding that one? I think when we thought private club, we meant something like that. But these other associations are essentially nonprofits. That one could be the problem child. Do you see it in there? MR. YOV ANOVICH: Under 8641? COMMISSIONER SCHIFFER: Yes. MR. YOV ANOVICH: Socia] clubs? COMMISSIONER SCHIFFER: It says social club, comma, membership, Let's just -- we kill that one, I think that might help us. Essentially I would interpret that to be -- could even be a bottle club or something. Actually, bars and restaurants owned and operated for members of might be another one to -- MR. YOV ANOVICH: It sounds okay. CHAIRMAN STRAIN: Mr. Wolfley, do you have a comment. COMMISSIONER WOLFLEY: Yes, I'm starting to agree with Mr. Murray. We are starting to rehear this thing. It just seems like it. I know we're excluding, but -- CHAIRMAN STRAIN: We're going to continue in the manner we started and so you can -- we're going to continue and we're going to finish this, out offairness to everybody involved. So as far as getting to the end of it, under membership organizations, the suggestion is excluding social club membership. And what is the other one that, Brad, you just brought up? MS. ASHTON-CICKO: Is that SIC code 8641? CHAIRMAN STRAIN: Right. Bars and restaurants owned and operated for members. Are those two things -- MR. YOV ANOVICH: Whoa, whoa, whoa, wait. I mean, the Elks Club has a bar and a restaurant within it, and 1 don't want to take that out. We never -- that's not related to the private club issue. CHAIRMAN STRAIN: Let's set this one aside. Ms. Homiak, let's go through the rest of yours so we know if we have -- how much we're going to be getting into. And we may just have to defer this whole Page 16 16 \ 1 A 5 November 20, 2008 thing to another hearing or vote this is inconsistent or consistent with the consent agenda based on these comments. Go ahead, Ms. Homiak. COMMISSIONER HOMIAK: I also had listed number 23 and number 24, But 24 specifically, because to me -- I mean, and these weren't -- I don't see any reference to them in the accessory uses either. CHAIRMAN STRAIN: Okay, so 23. COMMISSIONER HOMlAK: So Ijust have a -- there's a lot of govemment agencies, entities that could be there. And there's private -- there's also other -- private jails and -- CHAIRMAN STRAIN: Let's take them one at a time. Let's take them one at a time. You said govemment agencies. What item in our previous discussion would have excluded government agencies from this area? Anything that you can recall? I mean, anything you can reference? Previously you've referenced actual locations in items C.I, two, three, four, five or six. Do you have a similar reference for government now? COMMISSIONER HOMlAK: No. CHAIRMAN STRAIN: Okay, so that wasn't one we discussed before. So honestly, that can't be on the table for a consent agenda item. The next one that you went to is what after that? COMMISSIONER HOMIAK: I had number 23 and 24. 23 was professional offices. There's a lot ofresearch -- it wasn't on there. It mean, this wasn't part of the other discussion, so -- CHAIRMAN STRAIN: Then honestly, there's nothing we can handle during a consent agenda. COMMISSIONER HOMIAK: This needs to be brought up to the commissioners, then. CHAIRMAN STRAIN: Yes. COMMISSIONER HOMlAK: Okay. CHAIRMAN STRAIN: What is your -- do you have any others. COMMISSIONER HOMIAK: No. CHAIRMAN STRAIN: Okay. I think what it boils down to is, Richard, there are some things that may be discussed with the Board of County Commissioners on this matter, which means you may be pulled off the surnmary agenda. MR. YOV ANOVICH: I will be because she's going to vote no. CHAIRMAN STRAIN: Well-- MR. YOV ANOVICH: And my question is -- is that -- unless we take some ofthese uses out, is your vote going to be a no? CHAIRMAN STRAIN: I'm not sure a no vote on the consent agenda gets you off summary when you had a unanimous vote on the primary agenda, MS, ASHTON.CICKO: Yeah, I would recommend-- MR. SCHMITT: That's what Ray and I were just talking about. I don't know how you -- it was a unanimous vote during a regular advertised public hearing that you are essentially rendering a new vote if it doesn't -- if it's not concurred on consent. MS. ASHTON-CICKO: I would just suggest you put it on summary agenda, reflect the vote was, what is it, nine, or seven to zero -- CHAIRMAN STRAIN: It might be eight to one or something. MS. ASHTON-CICKO: -- and then you could make a note that during the discussion on the consent item Ms. Homiak raised some questions, and then it would stay on the summary unless somebody files an objection, wants to speak at the hearing. MR. SCHMITT: Or one of the commissioners pull it. MS. ASHTON-CICKO: Or one of the commissioners hear it. Page 1 7 16 1 1 A 5 November 20, 2008 CHAIRMAN STRAIN: Okay. What I would like for the record. Ms. Homiak, if you decide to vote no on the consent, I'd like you to articulate specifically why so that it's known that you're voting no because it is different than what we had approved in our regular meeting or because you've come up with new issues. And I think that's an important factor in the consent review. So when we get to the vote, if you could just articulate your reasons that would be helpful if you decide to vote -- COMMISSIONER HOMIAK: 1 really can't vote no then. CHAIRMAN STRAIN: You can vote any way you want. But asking you to vote -- if you vote no, you need to tell us -- I think you need to be on record for your reasons, so that if they're not consistent with what the consent agenda is, that's -- the consent agenda is supposed to be to review what we said last time. And if this meets everything we said last time, then we don't have a lot of latitude to say no for reasons other than that, other than the fact that it may not meet our intentions last time. So if it meets our intentions, it may be real hard on the consent agenda to say no to it. So that's why I'm suggesting if anybody does say no, we need to get it recorded as to why. COMMISSIONER HOMIAK: So really, you've already voted on this, so you vote -- CHAIRMAN STRAIN: Yes. COMMISSIONER HOMIAK: -- yes again anyway, CHAIRMAN STRAIN: As long as the vote that was taken two weeks ago is matched by the changes that you see here today. You're asking for things beyond those changes, and that really isn't an item for consent, so -- now that we've gone through the discussion on your concerns, that's what it kind of boils down to. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: So I'm clear, all ofthis information here then, the only things that were related to us as interests were the ones that were cited and not all of the supplementary information on this document, correct? CHAIRMAN STRAIN: Well, 1 think she was using this as supporting various arguments, and the only ones -- whatever she used -- COMMISSIONER MURRAY: She only used -- CHAIRMAN STRAIN: -- she used, right. COMMISSIONER MURRAY: -- certain arguments. Okay. CHAIRMAN STRAIN: We're not voting on this listing of the SIC Code, so-- COMMISSIONER MURRAY: So this is not going to a be part of the record? CHAIRMAN STRAIN: I mean, it was passed out, but it's not part of the discussion or the motion under the consent item. COMMISSIONER MURRAY: So do we -- well, my question would be, and it's I think a valid question, should it become or not become part of the record, I think it as being supplementary and advisory, you know, informational rather, and that the record is as we had it. Otherwise, I do think that this may tend to confuse the record -- CHAIRMAN STRAIN: Heidi? COMMISSIONER MURRAY: -- especially if it's pulled from consent. MS. ASHTON.CICKO: Since it's been handed out to all the planning commission members, I would suggest that a copy be given to Cherie'. But Mr. Chair, I'm going to suggest after you've completed all your discussion on it, before you make the vote, just to read into the record one more time, since this is not coming back again, what the changes are. Page 18 16 \ 1 A 5 November 20, 2008 CHAIRMAN STRAIN: Certainly. MS. ASHTON-CICKO: Thank you, CHAIRMAN STRAIN: Okay, are there any -- Ms. Homiak, do you have any other changes or corrections or concerns? COMMISSIONER HOMIAK: (Shakes head negatively.) CHAIRMAN STRAIN: Does anybody else? (No response.) CHAIRMAN STRAIN: Okay, Richard, let's go through this one more time to make sure you have everything down that needed to be clarified from our previous motion, Number 7, there was going to be some modifications to the way the numbers were written, so that it's clear which applies to detective and private investigators. MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: Ray, does staff understand? Whoever staff member is, are those changes clear with them? MR. BELLOWS: Yes, I believe we have all the changes. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, number 7, we'll just make it 7381, detective and private investigators only, when -- MR. BELLOWS: Correct. COMMISSIONER CARON: -- we change that last grouping-- MR. BELLOWS: Yes. COMMISSIONER CARON: -- number 7. CHAIRMAN STRAIN: No, it won't. MR. BELLOWS: Well, it's 7381, and then we continue with the rest of the string, 7382 to 7384. And prior to that, it's 7331 to 7380. CHAIRMAN STRAIN: It would be 7381 (sic) to 7379. Then you'd have a standalone 73 -- is it 80 or 81, whatever one that is -- and that's where the parenthetical would come in. Then you'd continue after that one to the end, 7384. So it contains all the numbers, but you're claritying a use of one number. MR. YOV ANOVICH: Correct. COMMISSIONER CARON: Okay, so you did want everything in that grouping. MR. YOV ANOVICH: Except we were limiting just that one SIC Code. COMMISSIONER CARON: Okay, I'm sorry, that was my misunderstanding. CHAIRMAN STRAIN: Number 10, you're going to add a parenthetical that indicates the group's 8231 is libraries. MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: Number 15, you're going to add a parenthetical and break up the numbers so that 5735 is clarified with the same language that we have in number 31. MR. YOV ANOVICH: Correct. CHAIRMAN STRAIN: Okay. And number 18, membership organizations. The intention there was no private clubs, Did we ever come back to -- now that we've gone through the remainder of the issues, did we ever come back to a discussion on 18 as far as do we want to clarity it any further. Anybody? COMMISSIONER CARON: We took out social club memberships, and that was it, right? CHAIRMAN STRAIN: That's what I believe. Richard? We're going to do an exception -- after the word membership organization will be excluding social club memberships? Page 19 16\ 1 A5 November 20, 2008 MR. YOV ANOVICH: Well, I think that is under 8641, okay. CHAIRMAN STRAIN: Right. MR. YOV ANOVICH: So in 8641 we would exclude social clubs. CHAIRMAN STRAIN: Okay. MS. ASHTON-CICKO: Are you deleting the SIC Code or are you just going to -- MR. YOV ANOVICH: No, we're leaving the 8641 in, but we're just -- the only thing in that SIC Code that we can't have is social clubs. CHAIRMAN STRAIN: And number 20, we're going to do an exception -- we're going to add some exceptions to 5999 for gravestones and sales barns. MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: Number 26, we're adding a series of parent he ticals and deleting one comma. MR. YOV ANOVICH: Correct. CHAIRMAN STRAIN: And I believe that's all. Does that meet with what everybody else believes we discussed? Okay, is there a motion to recommend approval with the changes noted for the consent agenda item PUDA-2008-AR-13494? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti made the motion. COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Seconded by Mr. Schiffer. Is there any further discussion? COMMISSIONER VIGLIOTTI: Yes, I have a discussion. CHAIRMAN STRAIN: Go ahead. COMMISSIONER VIGLIOTTI: I'm really concerned about this whole procedure we did today. We came up with the consent agenda to resolve things, make things easier. I think what happened today wasn't fair to the petitioner or anyone else. He doesn't have his client here, we put him on the dime, asking him to make decisions that he had no plan of doing. I just hope we're not starting a precedence here that this is going to happen over and over again, I don't know how to prevent it. CHAIRMAN STRAIN: You know, and Bob, I respect what you just said, but I think that any time we have to have a discussion to clarifY things, and we have gone through and made changes because the clarifications were obviously needed, that's a good thing. And if it took all day, I'd still say it was a good thing. So I understand your frustration, but at the same time, we're here to make sure everything is explicitly clear. And the more time it takes, that's just the way it has to be. MS. ASHTON-CICKO: Mr. Chair, in may speak? CHAIRMAN STRAIN: Go ahead. MS. ASHTON-CICKO: May I speak? I just caution you to try to limit your discussion to the, you know, original hearing. However, Ms. Homiak did raise some issues that appeared to be inconsistent in the ordinance, so I think that you did achieve a benefit if you should approve this item. CHAIRMAN STRAIN: Did you see anything in the resuIting motion that is inconsistent then with our regular hearing? MS. ASHTON-CICKO: From my recollection and with the changes that you've made today, I believe it is consistent. Page 20 161 1 J>\5 November 20, 2008 CHAIRMAN STRAIN: So do I, and that's why I think it was -- for that reason, I feel that it worked out. Ms. Homiak, then Mr. Vigliotti. COMMISSIONER HOMIAK: And I can assure you this won't -- if I had had the information that I was supposed to have in the first place, 1 would have had this discussion to begin with. COMMISSIONER VIGLIOTTI: Okay, that's fine. I'm not picking on you in particular. I'mjust saying what we have procedures, and I think what we did was unfair to the petitioner, and I don't want to create a precedence that we rehear every issue at the consent agenda item. CHAIRMAN STRAIN: Again, we didn't rehear this issue. COMMISSIONER VIGLIOTTI: Okay. CHAIRMAN STRAIN: We clarified things for the record. And to me it's to the petitioner's benefit, because if it doesn't get clarified here, it could get a lot .- between now and the time it gets to the BCC, it could be much more difficult. Go ahead, Mr. Murray. COMMISSIONER MURRAY: Where I have my little difficulty comes from the fact that we sit here and we hear evidence. People are sworn in, they testity, we get information. We weigh that information, we make a determination. If we ourselves start introducing modifications absent the petitioner, absent the public, we are now moditying the process of the hearing, That's my problem. I realize that someone might say we're stretching an issue, but that's an issue that I have, and that's where I'm coming from, so -- CHAIRMAN STRAIN: Mr. Murray, just so that we don't go forward with something that isn't correct, is there anything in the discussion in the motion and clarifications that are on record that you feel are inconsistent with our intentions during the other hearing? COMMISSIONER MURRAY: Yeah, 1 could say that the fact that a social club is being denied when it could very well have been there is a change that who's to say -- who on this board is to say that a social club shouldn't exist there when we didn't have members of the public making that objection? I can live with the fact that we can vote for it as we've concluded it, but if you ask me for that example, that's the one I would give you. CHAIRMAN STRAIN: Okay. Well, I think we've talked about this one enough. All those in favor of the motion, signity by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. MR. YOV ANOVICH: Thank you. COMMISSIONER SCHIFFER: Mr. Chair? CHAIRMAN STRAIN: Mr. Schiffer? Page 21 16 I 1 A- 5 November 20,2008 COMMISSIONER SCHIFFER: And Ray, this is for you. Remember last time we discussed how important it is to get the SIC codes to the members? The report Karen did is excellent. It's the report that was probably missing. If we're having trouble with it, imagine what the public's having. So somehow we have to come up with a way where you can trigger a download of all the SIC codes so that this conversation we had today we would have had at the hearing where it really probably belonged. MR. BELLOWS: Yeah. For the record, Ray Bellows. I've been working on some options that we could implement to require the application to include a summary of the SIC codes and their application. So when it's first submitted to the general public, when they get ahold of these rezoning requests, we'll have a summary of all of these SIC codes that are supplied by the applicant. COMMISSIONER SCHIFFER: And Karen did an excellent job. I mean -- MR. BELLOWS: Definitely. I think this whole process was to fulfill the intent of the summary agenda, which is to make sure the Board of Collier County Commission's (sic) action is correctly translated to the Board of County Commissioners. So if we have to spend whatever time it takes to make sure that motion was adequately translated into the documents that get sent to the board, 1 think it's well worth the time spent. COMMISSIONER SCHIFFER: But the concern I have is that things can get buried in the SIC number, and since it's proven it can confuse planning commissions, it can certainly confuse the public, and that's not good. MR. BELLOWS: No, And that's one reason we implemented the neighborhood information meeting is to help explain all these uses. And my direction to staff is to make sure that they just -- the applicants just don't say general commercial uses. You know, go into details what kinds of commercial uses are they talking about. Are they C-1 through C- 3 uses, or what's being specially eliminated from them. The more those type of discussion occurs at the neighborhood information meeting, the better the public can comment on it. Item #8C REVIEW AND CONSIDER A PROPOSED ORDINANCE TO AMEND ORDINANCE NUMBER 91- 17, KNOWN AS COLLIER COUNTY NOISE ORDINANCE CHAIRMAN STRAIN: Next item on the consent agenda is Collier County Noise Ordinance. And this is the one we've been beating around for 18 months. We're finally on consent with it. Does anybody have any clarifications need to the consent item for approval of the Collier County Noise Ordinance? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to recommend approval-- COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: -- on consent? Mr, Murray made the motion. Seconded by? COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Mr. Schiffer. All in favor, signifY by saying aye. Page 22 16 \ 1;1 ~ November 20,2008 r. ... COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. And it's too bad, Jeff, you didn't have a challenge here today, sorry. MR. WRIGHT: Thank you, Mr. Chairman, CHAIRMAN STRAIN: Thank you, sir. Goodjob. You finally got us through it. CHARlMAN STRAIN: Okay, the first and only advertised public hearing. MR. SCHMITT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR, SCHMITT: Just for clarification, the consent also includes the motion that was made last time in regards to the outdoor seating ordinance. CHAIRMAN STRAIN: Right. MR. SCHMITT: Okay, good. CHAIRMAN STRAIN: Does anybody see it any differently? That was one motion, so I on -- COMMISSIONER VIGLIOTTI: No. Item #9B PETITION: PUDA-2007-AR-11546, LONGSHORE LAKE FOUNDATION, INC. CHAIRMAN STRAIN: Okay. The next petition up, we can only hope it isn't a shopping center. Petition PUDA-2007-AR-11546, Longshore Lake Foundation, Inc., to allow an off-premise sign for Saturnia Falls, a/k/a Terafina PUD. It's on the northwest corner of the intersection of Immokalee Road and Logan Bou]evard. All those wishing to testify on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Any disclosures on the part of planning commissioners? (No response.) CHAIRMAN STRAIN: I spoke with Mr. Duane for a while on the phone the other day concerning matters on this, and they'll probably be brought up here again today. So with that in mind, let's move forward with petitioner's presentation. MR. DUANE: Good morning. For the record, my name is Robert Duane, from Hole-Montes. I have Kevin Rattery here with me this morning, He is the senior vice president of G.L. Homes. I'm representing him today. Page 23 16\ 1 A 5 November 20, 2008 I also have Bill Bates, who is the president of the Longshore Lakes Foundation that is also a co-party to this petition and prepared to speak on behalf of it in favor of it. Just to briefly introduce the petition. It is located, as you can see on the aerial photo, at the intersection of what will be the extension of Oakes Boulevard and Immoka]ee Road on this corner right here. It is for an ofi~premise sign approximately 270 square feet in area for Saturnia Falls, which is a PUD which is located approximately one mile north oflmmokalee Road on the east side. It comprises approximately a square mile, and it is approved for 850 dwelling units. And it is anticipated to undergo development in the near future. The request is also to allow the sign in the event that a lease agreement between the developer of Terafina or Saturnia Falls chooses or the Longshore Lakes Foundation chooses not to extend the lease agreement, it has the ability, based on the PUD provisions we're bringing before you today, that it could also be allowed to be used as a signage for Longshore Lakes. Before I go into any further detail or entertain anymore questions today, I received a phone call yesterday from Nancy Gundlach who raised some issues that had resulted either at the staff]evel or based on her conversations with certain planning commissioners as to whether certain requirements previously had or had not been fulfilled in Longshore Lakes developmental history, some of which those requirements are outlined in the PUD ordinance that's before you that were actually added by staff when it was determined that there were some oversights made in the adoption of the ordinance in 1993. In could have some input from the Chair Person or from the diocese (sic) as to what those issues may be, I think I have a general understanding of what they are. I mayor may not be prepared to be able to address those issues today. And if that turns out to be the case, I may have to continue this hearing for a date certain, depending upon the extent of those issues and what information I either do or do not have able today. So if we could articulate those on the record, we could make a determination whether we're prepared to address them or whether we're prepared to come back after we obtain more information. Thank you, Mr. Chairman. CHAIRMAN STRAIN: Nancy and 1 received an e-mail last night to clarify some of the additions that the traffic -- transportation department wanted to add that they believed were missing from a prior PUD. And they most likely were, no doubt on that issue. My only concern at the time was if we add these in, is this going to trigger something that Longshore Lakes can't do? One of them in particular was real concerning is because they're a built-out community, how do you add an access point now if it was supposed to been done years ago and you don't have a way to do it? And so I wanted to make sure that by putting this back in, especially when the community was taken over by the homeowners since the original PUD and they may not have had the benefit of this information because it was missing on record, that now they're not going to be in a Catch-22 with a code enforcement action saying, you've got to put this road in; I don't care how you do it, you've got to change your PUD or put this access point in. So I went back to staff and I said, how -- you know, that's fine, I understand your concern, it was missed. But even though it was missed, now that the project's built out, can they still comply with these conditions? And I got this, and I'll read it to you. It was an e-mail I got last night from staff: Commissioner Strain, with reference to the application being heard before the planning commission on Thursday, staff would like to confirm that the traffic signal commitment listed in 522 of the PUD requirements was satisfied after project review was completed. Well, that takes care of the first underlined in number two. Page 24 16\ 1 A November 20,2008 r:. ~ The second one: Staffwou]d like also to confirm that the emergency access discussed in 523 of the PUD commitments would only be required and when Logan Boulevard extension is completed. Now, I don't know, what I'm intending to find out today is if Logan Bou]evard is completed, can they get their road to connect to Logan? And I'm sure one of the aerials will show us that that can be done, and if so, then that then clarifies the concern. Because the way this was written, it wasn't just Logan, it was either Logan or the shopping center, and I'm not sure that the access was to the shopping center. The last one was: As a final note, transportation staffhas sought that the second page of the transportation commitments be reinserted into the document, as this page was somehow omitted during the most recent previous amendment of the PUD. So that's the questions, Mr. Duane, and that's the answers, and I think that does help everybody for clarification. Mr. Rattery? MR. RATTER Y: Good morning. For the record, my name is Kevin Rattery with G.L. Homes. And the Chair brought up that -- the essence of what the issue is, and that is we as G.L. Homes did a PUD modification with the assistance of Longshore Lake relative to an off-premise sign, which was the petition that's before you this morning. Through that process, questions were raised relative to obligations of the original PUD and whether or not those were originally approved. Obviously we weren't in a position to know that information as of yesterday. I think actually some of the questions that were raised this morning we actually do have answers to. But I think in fairness to Longshore Lake and knowing whether or not they have obligations which mayor may not affect them in the future, we need time to go back, research that information with them and make sure that that information is clearly brought forward and on the record for your consideration. So rather than saying we may want a continuance, I think we do actually want the continuance so that we can get the record straight. But let me go ahead, at least try to address as many of those as I can so that at least it's part of your thinking process, or if it's the Chair's wish, we'll go back, research it, provide that information, and then we'll just do this again at the next hearing. So -- CHAIRMAN STRAIN: I'd rather see the second hearing more productive. And so let's go through any concerns we have, so when you come back you can address those concerns. And just by the way, when most of this stuff came up, I would have discussed it with Mr. Duane ahead of time. At the time he and I talked, it was early I think Tuesday morning. And I went through this before my staff morning. Tuesday night is when I started pulling records. So otherwise you would have had a little more heads up than just one -- MR. RATTERY: Right. And it's no problem. And obviously this project is still waiting on the Army Corps permit appeal to get resolved, so it's not something that we're coming out of the ground with immediately. We have the time to do this. I'll speak on behalf of the Logan Boulevard issue, because that was a question that was raised, and give a little bit of a history lesson relative to Logan Boulevard, There are two projects which have obligations associated with the construction of Logan Boulevard north ofImmokalee. That is, the Satumia Falls, a/kIa Terafina project that is the G.L. Homes project; and the property immediately to the north of that which is known as the Parklands Ronto project. The G.L. project, Terafina, has a development order condition to extend Logan north ITom its present terminis at Immokalee up to our project entry. That is for the sole purpose of providing access to the PUD. The second project, Parklands Ronto, has the obligation to extend Logan north ITom its present Page 25 16 1 ifl It 5 November 20, 2008 terminis at Immokalee, all the way up to Bonita Beach Boulevard -- or Road. I can't remember which one it is, they confuse me every now and then, So both projects have some obligation relative to the construction of the road, and one project has the obligation for its entirety. The question comes in, who's going to come first, okay. And the realty of it is, when Ronto came forward with their DR! modification and their extension, they committed to build that road all the way up to Bonita Beach, and then G.L. Homes in turn entered into agreements with Olde Cypress, Quail Creek and the Longshore Lake Foundation relative to landscape and wall improvements associated with that. Obviously in this economic climate, the Ronto project has not gone forward. So we're in the process now of trying to work out how we're going to deal with what happens if G.L. Homes has to then step up and build that road up to our entry relative to those private agreements. The point is that either project has to have the road buiIt up to their entry to be able to get access. So one way or the other the road's going to be buiIt relative to one of those projects. The question is who's going to build it, who's paying it. Those are not issues I think that are germane to the sign request, but it's certainly germane to your knowledge and understanding of what's going on. As part of our agreement with Longshore Lake, we included a provision that when Immokalee was built, there would be the opportunity for them to request a connection of their community to Logan Boulevard. Either along their east property line, they would decide where they wanted it and if they wanted it at all, okay. So that is something that's at least covered in the agreement that the design would handle the ability of that community to have a direct connection to that future road. Re]ative to the shopping center, the interconnect was an obligation for the residential community of Longshore to interconnect to the shopping center. That shopping center subsequently was done as residential, no longer a shopping center. So that interconnect point somewhat became moot, because the point was to provide interconnection from residential to the commercial. That commercial's no longer there. So that issue's that. Relative to the signalization, Mr. Bates just informed me this morning that they had just cut a check for 27,500 to Collier County some months ago, which was their proportionate share of their obligation relative to the signalization. So I think the point is we're trying to address these issues so that when we come back, we're talking about the sign. Because that's really the nature ofthe request that was submitted. Let's get those issues done, we'll get documentation from Longshore, the correspondence, we'll provide that to staff so it's part of your backup material. We'll do a little more research on the interconnect, because obviously the change from commercial to residential kind of made that interconnect to the south a moot point. But I'm just trying to get that out there. CHAIRMAN STRAIN: And your point's well taken that this is a sign variance request. And the problem that opened it up a little bit more, and certainly not to the whole PUD, but when staff added language that for some reason or another wasn't there before, I wasn't concerned about the language as far as staff telling us it needed to be there, I'm sure it did. I was more concerned about the HOA at Longshore Lakes, not knowing that language existed, now having it put upon them and not being able to meet the conditions of that. So that's why it is kind of an issue that we have to resolve to make sure we're not putting a burden on the HOA that the developer should have been obligated to, but somehow a page dropped out of his document and he wasn't. MR. RATTERY: And that was the exact conversation that Mr. Bates and I had yesterday, that we need to make sure we understand what obligations mayor may not be placed upon them that they have not Page 26 161'IA5 November 20, 2008 __ did not have knowledge that they needed to do, and make sure that that's covered adequately before we proceed forward with this petition. CHAIRMAN STRAIN: Thank you. Bob, did you have anymore of your presentation you wanted to get into, or how did you want to move forward? MR. DUANE: No, we'll come back, as Mr. Rattery indicated, and address these issues and then discuss the merits of the petition. Are there any other ones that we -- CHAIRMAN STRAIN: Well, I think we're going to have plenty of questions, yes. So I think -- and then there is -- MR. DUANE: Regarding Longshore Lake. CHAIRMAN STRAIN: -- going to be some language cleanup that's needed. And I think we even need more clarifications on a couple other issues that are part and parcel to this whole change of stuff going on. But let's get them all on the table right -- and we'll go through it. So let's start with the presenter. And Mr. Koltlat, you love signs, so why don't we start with you. COMMISSIONER KOLFLA T: Why do we have to combine these three traffic issues with a petition for a sign variance? CHAIRMAN STRAIN: We don't -- it's not that we have to combine them. They were inadvertently not recorded with the original PUD. When this sign variance was reviewed against the original PUD, transportation staff noticed that these things hadn't gotten in there, although on some record they were, and it was proven apparently that they should have been in there. So trying to keep the record clean, these things had to get added back in. COMMISSIONER KOLFLA T: But that's a scrivener's error. Aren't there other ways to correct that? CHAIRMAN STRAIN: Well, I guess I'd turn to Heidi for that COMMISSIONER KOLFLA T: I mean, here we're taking a petition for a sign -- they don't call it a variance, but it's basically varying from the LDC, so it is a variance to me, But in addition to that, now they're trying to lump in there three issues relative to a scrivener's error that occurred in the transportation area. CHAIRMAN STRAIN: Heidi? MS, ASHTON-CICKO: Yes, it would be a scrivener's error, but I think there is a time etliciency by addressing these issues now through this process, since there may be an issue that the homeowners association is not able to comply with the requirements. So I'd suggest we vet it here so that the board can receive the recommendation from the planning commission, unless you as a group decide to proceed otherwise. CHAIRMAN STRAIN: Mr. Schiffer, on that same issue? COMMISSIONER SCHIFFER: Actually, it is on this. Heidi, what if we decline the sign variance, we voted this down. Would those scrivener errors be introduced, or -- in other words, if we vote no for this sign, then they don't get into the record then; is that right? MS. ASHTON-CICKO: I think that that would be an issue that we would have to follow up on if it's .. if you vote not to proceed with the PUD amendment request. Staff is alerted to the issues, so it's a transportation issue, and they I believe would push it forward if they deemed that appropriate. CHAIRMAN STRAIN: Well, there's going to be a lot more weight put on this -- or could be by some of us, a lot more weight put on a sign request change to a PUD that includes needed elements that Page 27 161 1 It 5 November 20, 2008 were missing from the original text, versus whether it was a standalone request or not. Plus it opens it up to a lot of discussion that the applicant really may not need to get into. Is there -- and so I guess Brad's question is real pertinent. This a change to a PUD. If we vote 4-1, do we -- are we obligated for the other or can they be mixed and matched? And ifthey can't be, then maybe we need to separate them out before it comes back so that we don't have a conflict like that. MS. ASHTON-CICKO: Like I said, I think there is some time efficiency to address it, find out whether it's something that they can do at this time. If you want to separate out and recommend that-- CHAIRMAN STRAIN: Okay, well, we'll work with the issues -- MS. ASHTON-CICKO: The scrivener's error would have to be advertised separately, if it's pushed forward. So you're taking an ordinance twice back to the board, so I do think there would be some time efficiency. But I think that it appears that you're willing to discuss some of the merits of this at this time, and that's certainly appropriate if you decide to do that. CHAIRMAN STRAIN: Okay. And then Brad, does that answer your question? COMMISSIONER SCHIFFER: It does, but can we start talking about the sign? CHAIRMAN STRAIN: Well, again, I want Mr. Koltlat to proceed first and then Mr. Schiffer. Did you have some specifics now about the sign request for the PUD amendment? COMMISSIONER KOLFLA T: Well, let me ask you, are we going to vote on the sign today or are they going to continue it as they've asked to do? CHAIRMAN STRAIN: I think what we're trying to do is get all the issues on the table. Most likely it will be continued and they'll come back with a more succinct addressing of all those issues so that when we get it next time it will have all of our concerns hopefully addressed, depending on whatever they are. So it most likely will come back, Tor. We just need to -- right now we're going through an exercise to tell them where are concerns are so they have a chance to clean it up if need be before it comes back. MS. ASHTON-CICKO: Yeah, there were a couple issues that were raised, and staff will work with the association and Mr, Rattery and Mr. Duane to determine whether those can be met or not and whether they should be placed in the ordinance. So you've raised the issue. You don't need to be so concerned with the transportation issue and you can look at the merits of the sign, if you desire. CHAIRMAN STRAIN: So Mr. Kolflat, did you want to address-- COMMISSIONER KOLFLA T: Are we going to have a submittal by the petitioner describing the sign, or are we going to have the staff report or have public hearing? Are these going to try to jump over all these, or are these going to come before we discuss it? CHAIRMAN STRAIN: The applicant suggested that we air our concerns with them now. And they volunteered to come back with a granting of a continuance, and we can provide them then with a review of the revised plan they would bring back to us based on our comments today. If they want to make a presentation of the sign to benefit any clarification that we may need in order to make comments, that might be something you should consider doing now. Otherwise our comments, some of them may be held until you come back. MR. RATTERY: Yeah, it's kind ofa weird thought process going through my head, What we were hoping to do is make sure that the issues unrelated to the sign request, we understand from this board and from staff what they are so that we've got a comprehensive list that we can go back to our plus, minuses, make sure we get all that information so it's part of the record. So that when the sign petition comes back, which was the petition that was filed, we're here to discuss the sign and we don't get caught up in all this other conversation about an interconnect or a buffer or an extension of a road. We're certainly prepared to make the presentation on the sign, but I think in all fairness to Longshore, if some of these things are expenses to them that they were not aware would be part of this Page 28 161 1 A 5 November 20, 2008 request, we would have to go back and make sure that we've structured that properly, CHAIRMAN STRAIN: Fair enough. So then Mr. Kolflat, in response to your question, I think what we ought to do is focus on anything that is non sign orientated today, get that on the table so they can fix that up and then come back, then we'll be focused mostly on the sign. COMMISSIONER KOLFLA T: I have a question ofthe staff report. CHAIRMAN STRAIN: Okay, go right ahead, sir. COMMISSIONER KOLFLA T: Nancy, there is a large monument type sign there going into Olde Cypress, which is very close to this entranceway where the new sign is proposed, but it's not discussed in your report. Can you make any comments on that, on the proliferation of signs so close together of that size? MS. GUNDLACH: Yes. Good morning, Commissioners. For the record, I'm Nancy Gundlach, Principal Planner with Zoning and Land Development Review. And Commissioner, yes, there is a sign. And I do have a little graphic here -- or there it is. It's across the street from the proposed location of the Saturnia Falls sign. And it's for the Olde Cypress PUD, which is directly east of Longshore Lakes, So both signs would be at the intersection of Olde Cypress Boulevard and Immokalee Road. COMMISSIONER KOLFLA T: Now, for ground signs and pole signs, there's a limitation of at least 1,000 feet distance between the two. MS. GUNDLACH: Correct. The code does -- it does contemplate a separation of 1,000 feet between signage. And the purpose of that and intent of the sign code is to avoid a proliferation of signage. COMMISSIONER KOLFLA T: And this does not meet that 1,000 foot limitation. MS, GUNDLACH: No, these two signs would be closer together than 1,000 feet. COMMISSIONER KOLFLA T: Right. Now, also in reading your report, as I understand it the staff denies all aspects of this sign relative to the area of it, the height of it and so forth; is that correct? MS. GUNDLACH: Correct. The proposed sign for Satumia Falls that you see there is larger than what would be prescribed by our sign code. COMMISSIONER KOLFLA T: That's all the questions 1 had at this time. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And mine is really to Bob. Bob, the drawings you're showing in the one that was on the screen prior to this, there's something that you're really misrepresenting. This thing is setting on a five-foot hill off of grade. That drawing gives the illusion it's sitting on a -- maybe an eight-inch hill. So when you come back, would you change all of the documents that we have, show the proper relationship to the hill? Because height is an issue. You're five feet above grade with the bottom of the sign. MR. RATTERY: It's the drawing. He's correct. MR. DUANE: Yeah, it's the drawing. And I think all the elevational data was included as justification for the deviation. The adjacent that had the height of the berm area, the height of the road, the difference between the eight feet that was allowed by the ordinance and I believe the 13 and a half feet or so that we are requesting its final -- COMMISSIONER SCHIFFER: My point is is draw all of the -- MR. DUANE: But we'll revise the drawing. COMMISSIONER SCHIFFER: -- elevations -- MR. RA TTERY: I understand, And you're correct, the color drawing rendering doesn't show it sitting on a hill. The backup data clearly does show the hill that's there on the mound. We'll correct that. Page 29 161 1 ~ November 20, 2008 COMMISSIONER SCHIFFER: And it only shows it in plan, it never shows iiin,e]ev,ation. Which could cause a misconception as to how tall this thing really is. 'i . f ii, /1/ ! j l' 1./. I MR. RATTERY: Understood. Thank you. . I CHAIRMAN STRAIN: Okay, Mr. Wolfley? COMMISSIONER WOLFLEY: I believe mine was for Nancy, and it had to do with that Olde Cypress sign. I was wondering the size of the print, the -- I guess it says OIde Cypress. I'm just wondering if the next time around if we could have more information about that Olde Cypress sign that -- about the signage. I know it's a monument, but I was concerned more about the lettering. MS. GUNDLACH: Yes, we can do that. MR. WOLFLEY: Thank you. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Nancy, while you're up there, I had a couple issues that I want to follow up with you. The addition to the Longshore Lakes Homeowners Association's obligations, basically because they're assuming the developer's position, with number four, a minimum IS-foot landscape buffer shall be required between the loop road and Valewood Drive where the two are parallel and adjacent. I went through the recorded plat. There is no recorded landscape buffer easement there. Now, if we put this in here, they've got to have one. So somehow that has to be addressed or refined. So I'd like an explanation when this comes back as to how that can be addressed so that everybody's fairly protected. Now, the landscaping may be there, it just may not be in the landscape buffer easement, and that may just be a private instrument that's got to be recorded to make that happen. There is a IS-foot DE and UE there, but you can't necessarily put landscape buffers on the top of UE's. And drainage easement's got to flow, which prevents landscaping in a lot of ways from being there. So someone needs to take a look at that and make sure we're not triggering something for Longshore Lakes that now becomes even a bigger problem for them. MS. GUNDLACH: Yes, Commissioner. CHAIRMAN STRAIN: I had one other, and that is the corner. The corner is a residentially zoned area with an open space drainage easement and landscape designation on the plat. They want to put a monument there, which I think would probably fit within that, but I notice that the line on the monument, and you can see it on this plan here, that dark line that goes across diagonally, that doesn't match the line on the plat where that tract is. And I don't know what the intention of that dark line is. And especially if you look at the language in the lease. And they've got a chain link fence in this area with two buildings. I don't know how those all got there when the area is a -- on the plat is designated as open space landscaping and DE. Which means I looked in the PUD and there were no standards for the placement of these buildings. I'm not sure what criteria was used to allow that. And that's the line, Ray, I was wondering about, what's that mean on this plan? Because it's inconsistent with the plat. And there certainly may be a separate instrument recorded. And ifthere is, that's fine. I just want to get it on record and get it cleaned up. So somehow between now and whenever this can come back, I think it would do well for everybody involved to get these questions answered so we're not triggering something negative unintentionally to people, so -- MS. GUNDLACH: Yes, Commissioner. Page 30 No~e~b~r 2J200~S CHAIRMAN STRAIN: Anybody else have any questions or concerns? (No response.) CHAIRMAN STRAIN: With that, I guess there was a request for a continuance by the applicant. I think we need a motion to -- yes, sir? MR. RATIERY: Mr. Chair, if! could request that it be 60 days so that we have enough time to get back, get that information, get it in your backup, and then we just do a time certain to your 60-day, whatever your January hearing would be. And if that's okay with staff, if it's okay with you, that's what-- just to give everybody adequate time to get all the correct information. CHAIRMAN STRAIN: You mean a date certain. Because we try not to do time certains. MR. RATTERY: I'm sorry. CHAIRMAN STRAIN: Go ahead, Ray. Ray, do you have any problem with 60 days, or do you want to just leave it -- can we go indefinite and that way it's whenever they get the information? MR. BELLOWS: That probably would make more sense. CHAIRMAN STRAIN: Is that okay with you? MR. RATTER Y: Does that re-kick in -- CHAIRMAN STRAIN: It could come earlier or later, whenever you get a-- MR. RATTERY: The advertising side of this is, you know, $5,000 a pop. And 1 know that because I've been cutting the checks. And so I wanted to make sure that it was a time certain so that we didn't kick back into a readvertisement obligation that was going to -- MR. BELLOWS: It would be more than five weeks. MR. SCHMITT: Five weeks it's going to have to be readvertised. CHAIRMAN STRAIN: Oh, so you don't have 60 days, you have. MR. RATTER Y: Okay, well, then can we do a continuance for 30 days and if we're not ready we do another continuance at the next --I'm sorry to ask that of you. I know it's kind of a pain. CHAIRMAN STRAIN: I don't think that's a problem. Anybody have a problem with in that? COMMISSIONER VIGLIOTTI: No, not at all. COMMISSIONER MURRAY: No. MR. RATTERY: Thank you. CHAIRMAN STRAIN: Thank you. At the request of the applicant, we'll seek a motion to recommend a continuance for up to 30 days. Is there such a -- COMMISSIONER WOLFLEY: So moved. CHAIRMAN STRAIN: Who said -- COMMISSIONER WOLFLEY: I did. CHAIRMAN STRAIN: Mr. Wolfley. Mr. Koltlat, are you seconding that motion? COMMISSIONER KOLFLA T: Absolutely, if I can't first it. CHAIRMAN STRAIN: Well, he jumped to the mic. COMMISSIONER WOLFLEY: That's fine. If you'd like to go first, I will second. MR. SCHMITT: For planning purposes, you're talking December 18th. CHAIRMAN STRAIN: Okay, Mr. Schmitt, the motion has been made to extend a continuance for up to 30 days. MR. SCHMITT: Right. CHAIRMAN STRAIN: So whenever that can happen within the 30 days, ifit can, that's fine. Page 31 161 1 ~S November 20, 2008 Any discussion? (No response,) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MlDNEY: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. MR. RATTERY: Thank you very much. CHAIRMAN STRAIN: Thank you, sir, we appreciate it. And that gets us through a very lengthy and intense discussion today. Item #10 OLD BUSINESS CHAIRMAN STRAIN: And we'll move into old business, which none is listed. Anybody have anything? (No response.) Item #1 I NEW BUSINESS CHAIRMAN STRAIN: New business? COMMISSIONER MURRAY: Yeah, I think -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- in case it was missed, if I'm not mistaken, the County Commissioners approved mileage refund up to 20 miles round trip. I thought for Mr. Midney that would be a good thing, CHAIRMAN STRAIN: Good. That's a very good thing. That's excellent. I didn't know they approved that. I'm glad they did. COMMISSIONER SCHIFFER: Mark, a question. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: The 951 study, is that still going to happen on the day scheduled? CHAIRMAN STRAIN: Yes. There's no date change to that. And I'm sorry, I should have brought that up. That was a date in December, wasn't it? COMMISSIONER SCHIFFER: Right. I mean, I'm going to be missing that, unfortunately. Is there any way we could -- I'd be curious about it, but -- Page 32 ----,.._._--,.~.._~-"'-------~..._,--"~_.. 16 i 1 PrS November 20, 2008 COMMISSIONER VIGLIOTTI: What is that date? COMMISSIONER SCHIFFER: Since it is a presentation, 1 think I can watch the reruns, but -- CHAIRMAN STRAIN: Well, and honestly, it's-- COMMISSIONER CARON: The 9th of December. CHAIRMAN STRAIN: So come our next meeting, I would have asked for attendance on that one, but it is the 9th of December we have the 951 horizon study. And I've reviewed the document. It's pretty straightforward, so I'm not sure how much time we're going to need for that. COMMISSIONER SCHIFFER: And I can watch the rerun of the presentation. MR. SCHMITT: I'd recommend, yeah, if you can. Because the contractor who -- Interactive Growth Model, which is a pretty interesting demonstration, it's certainly worth seeing that and understanding how that -- the model works and how that's going to be used to evaluate the impacts of growth east of951. COMMISSIONER SCHIFFER: All right, thanks. CHAIRMAN STRAIN: While we're talking about east of951, I'll share a little observation I made the other day watching the BCC, part of it. An issue came up by a member of the public who was charged about $6,000 in impact fees way out in Golden Gate Estates off of Della Road. And the guy came forward and he says, why would I be charged impact fees, there's no water and sewer out there, And of course the commissioners asked that same question. And the utility department got up there and carefully explained that because the commission approved the water and sewer plan for the future that showed the potentia] of that area having water and sewer in it, that gave them the right for 10 years to charge impact fees. MR. SCHMITT: Can 1 correct? It's the approved waterlsewer district. CHAIRMAN STRAIN: The approved waterlsewer district. MR. SCHMITT: The district -- the boundaries include that area. CHAIRMAN STRAIN: Right, but those boundaries were approved by a submission of the utility department in review of the -- what was it, ClE or one of those -- MR. SCHMITT: Yes. CHAIRMAN STRAIN: -- plans? Right. And so when the utility department was asked what can we do about this, they said, well, basically nothing. F]orida statute allows us to charge these fees, even though we now know by our new plan we probably won't ever do this for 20 years. And that was specifically pointed out at the meeting. Now, what failed to be told to the Board of County Commissioners is that they could change the boundaries of that waterlsewer district. And we will have that opportunity I believe in January and February when we review the waterlsewer master plan, won't we? MR. SCHMITT: I don't know if the boundary will be part of that master plan. It will be included in it, but whether a recommendation to change those boundaries is part ofthat master plan -- I would assume so. I can't answer for -- CHAIRMAN STRAIN: Well, Ijust think it's pretty interesting that we have a -- something slid through the system like that with that potential charge sitting in the background and everybody having to pay it, and now with the latest statistics shown that we're not even going to possibly do that for even 20 years or 15 years, that people are still going to be charged those fees so they can sit somewhere, by the way, earning interest that the people don't get paid back. Because it was stated on the record, they only get their principal back. MR. SCHMITT: That's correct. After 10 years it's mandatory if the waterlsewer utilities aren't run Page 33 161 lA-S November 20, 2008 to that element or portion of the district, then the impact fees are returned. CHAIRMAN STRAIN: Yeah. And they've been paying on their mortgages that additional 6,000 for a part of their 30-year or 20-year or IS-year mortgage. So that's about as blatantly unfair as anything I've seen. And Ijust wanted to make this commission aware of it so the next time these plans come through and we think they're all glossy and nice and we pass them on, and I'm as guilty as anybody, maybe we ought to really take a look at what ramifications some of these we don't expect may have. So -- Mr. Vigliotti? COMMISSIONER VIGLIOTTI: What happens if they sell their house within that 10-year period? MR. SCHMITT: The impact fees run with the land, they stay with the land. It's part of the value of the property. COMMISSIONER VIGLIOTTI: So in built it and sold it, the purchasers would get the check. MR. SCHMITT: The next -- the purchaser who owns that home after 10 years -- after the 10-year period, that money is returned. CHAIRMAN STRAIN: Right. But why pay 10 years worth of interest on it and the initial money out on a system that isn't even going to be there within the 10-year period and it's now known it's not going to be by the recent AUlR that was adopted. It's just absurd. MR. SCHMITT: I'm not answering that question. CHAIRMAN STRAIN: I wish CBIA in some ways was stronger so they could take a look at some of this stuff. Item #12 PUBLIC COMMENT CHAIRMAN STRAIN: But anyway, public comment? (No response.) CHAIRMAN STRAIN: There's none here, so we will assume there's no public comment. Motion to adjourn? COMMISSIONER WOLFLEY: So moved. COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Motion make by Mr. Wolfley, seconded by Mr. Vigliotti. All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye, CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: We're done. Thank you all. ***** Page 34 16! 1 k5 November 20,2008 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:00 a.m, COLLIER COUNTY PLANNIf'!G COM~.,. SS10N ~.;I I U I. \ I k C"-vLt I _/'\j,\,l~\..,;, Mark Str 'n, Chairman These minutes approved by the board on I. 1')' L'~ corrected as presented / or as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 35 '..fa J)r/~ '''''dS~ Henning Coyle TRANSCRIPT OF THE MEETING OF THE Coletta ~.~ COLLIER COUNTY PLANNING COMMISSION C Nap]es, F]orida, December 4, 2008 161 1 -16 December 4,2008 RECEIVED JAN 2 1 2009 Board of County Commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Karen Homiak Donna Reed-Caron (Excused) Tor Koltlat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning & Land Development Review Thomas Eastman, Real Properly Director, School District MiSC Corres: Date: Item#' :oples to Page I 161 1 kS Oeeember 4, 2008 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the December 4th meeting of the Collier County Planning Commission. If you'll all please rise for pledge of allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: Thank you. If the secretary will please take the roll ca]1. COMMISSIONER VIGLIOTTI: Mr. Eastman? MR. EASTMAN: Here, COMMISSIONER V]GLIOTTI: Mr. Ko]flat? COMMISSIONER KOLFLA T: Here. COMMISSIONER VIGLIOTTI: Mr. Schiffer? COMMISSIONER SCHIFFER: Present. COMMISSIONER VIGLIOTTI: Mr. Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER VIGLIOTTI: Donna Caron's absent. Commissioner Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Mr. Vigliotti's present. Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER VIGLIOTTI: Mr. Wolfley? COMMISSIONER WOLFLEY: Here. COMMISSIONER V]GLIOTTI: And Ms. Homiak? COMMISSIONER HOMIAK: Here. CHAIRMAN STRAIN: Okay, thank you. Ms. Caron did notify me that she wouldn't be here today, so it's an excused absence. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. We have two changes. If you are here today for the Heavenly PUD in Pine Ridge, that one is not going to be heard. There was an advertising problem and it's being continued to January 15th. So if you're here for Heavenly PUD in Pine Ridge, we're going to be hearing that on January 15th, assuming everything else goes well. But it will not be heard today. We have an item under the agenda that is under new business, 11,A. It's just a scheduling item that is going to be moved up first on the list after chairman's report. So we'll get into that a little bit earlier, but that won't take too long. Now I want to go into Planning Commission absences -- COMMISSIONER SCHIFFER: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. Page 2 161 1 *? December 4, 2008 COMMISSIONER SCHIFFER: I'd like to add a new business. And what it is, it's the code surrounding boat dock extensions. I'd like a little conversation on that. Just the code. CHAIRMAN STRAIN: Okay, you have -- that's fine. I mean, I'll add it there, but you've made your statements on that many times before. If -- they're different than what they are (sic) before? I know you don't like the code because you think it's a givcn and yada, yada, yada, and that's fine. COMMISSIONER SCHIFFER: Well, let's see. Maybe it's a fast conversation. CHAIRMAN STRAIN: It will be -- that will be I I.A there, II.B, whatever we want to call it. Item #4 PLANNING COMMISSION ABSENCES Planning Commission absences. We have two meetings coming up. One is December 9th. It's a special meeting for the review of the East of951 Study. Does everybody know ifthey're going to be able to not make that or make it? COMMISSIONER MlDNEY: (Shakes head negatively.) CHAIRMAN STRAIN: Mr. Midney won't make it. COMMISSIONER MlDNEY: No. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I will not. COMMISSIONER MlDNEY: Tuesday mornings I have a diabetic support group that has a large turnout -- COMMISSIONER KOLFLAT: What's the date on that? COMMISSIONER MlDNEY: -- and I'm the only one who can do it. So Tuesday mornings are always going to be bad for me. However, I will make written comments about that report, because some of it pertains to Immokalee. CHAIRMAN STRAIN: How many people are in your group? COMMISSIONER MlDNEY: About 30. CHAIRMAN STRAIN: They'll fit in here. COMMISSIONER MlDNEY: Good idea. They probably have a lot of diabetics in this room, too. CHAIRMAN STRAIN: A little govemment interaction, you never know. MR. KLA TZKOW: Just for the record, Mark, what time is that meeting? CHAIRMAN STRAIN: Meeting is at 8:30, on Tuesday morning, the 9th of December in this room. And I honestly think we'll probably be able to get through it rather quickly. It's pretty straightforward. But at least it will start at that time. The other item we have is our regular second December meeting, which is December 18th, I believe. Is anybody not going to be here for that meeting? (No response.) Item #5 APPROVAL OF MINUTES - OCTOBER 7, 2008 LDC MEETING; OCTOBER 16,2008 REGULAR MEETING; OCTOBER 22, 2008 AUIR MEETING CHAIRMAN STRAIN: Okay. Page 3 16 I 1 ~ December 4, 2008 Approval of the minutes. We have three sets of minutes to approve. I'll ask for them individually. The first one is October 7th, 2008, an LDC Meeting. Is there a motion to approve? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti made the motion. Seconded by? Somebody. COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Wolfley. Discussion? (N 0 response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. The next one is the October 16th Regular Meeting. Is there a motion to approve? COMMISSIONER VIGLIOTTI: So moved. CHA]RMAN STRAIN: Mr. Vigliotti. Seconded by? COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Wolfley. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. The October 22nd AUIR meeting. Is there a motion to approve? COMMISSIONER VIGLIOTTI: So moved. CfWRMAN STRAIN: Mr. Vigliotti. COMMISSIONER HOMlAK: Second. CHAIRMAN STRAIN: Seconded by Ms. Homiak. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. Page 4 16' 1 ~ December 4, 2008 COMMISSIONER MURRA Y: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MlDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. Ray, your BCC reports? Item #6 BCC -- REPORT - RECAPS MR. BELLOWS: I don't have any recaps for today's meeting. Last Tuesday's results I'll present at the next meeting. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: Okay, Chairman's Report. This is going to be interesting today. I've got handouts again. Some of these you've asked for. A while back a handout was -- or Russ Weyer responded to the issue concerning the support documentation for the 2.0, the commercia] area. 1 didn't know if you all printed it out or if you even got it. I didn't even look at the e-mail to see who got it, I just printed it myself and then I thought well, just to be safe, I'll bring copies. Because this issue came up during the Strand transmittal hearing; which is commercial area out in Immokalee. And the Strand is coming back to us on the 18th for a final. So if there were any outstanding questions, it would be good to have this ahead of time. So here's a copy for each of you that way. And Mr. Midney, here's a copy. I'll give one to Tom as well. Tom down there. And Ray, I'm going to have an extra one up here for you to give .- after the meeting I'll give it to you, you could mail it to Donna Caron? MR, BELLOWS: Sure. CHAIRMAN STRAIN: And I have one for the record. MR. COHEN: Mr. Chairman? CHAIRMAN STRAIN: Sir. MR. COHEN: Randy Cohen, Comprehensive Planning Department. Just to clarity the record, the representatives for the Strand actually asked for a month's delay yesterday, so it will be pushed back to the second meeting in January. CHAIRMAN STRAIN: Interesting. Okay. Do we know n well, I'm sure we'll find out the reasons. Thank you. Anyway, that will give you all some reason -- some background on the question concerning how the 2.0 figure is used in Collier County. Page 5 161 1 -k'S December 4, 2008 1 mean, we certainly can ask questions about it if we have any at the time of the meeting. And then one of my favorite topics, the RLSA upcoming issue. There's a couple things with that. Yesterday at the Board of -- or Tuesday at the Board of County Commissioners Meeting the Board reinstated the process for the RLSA back to what it was originally. That is, there will be a review by this body independently of the other bodies involved in the other EAC. We're going to set a time in our first scheduled item today to actually hear the RLSA report. And then -- but we will hear it as the Planning Commission. And it will be a regular meeting, not a workshop, and we'll be able to make our recommendations to the Board of County Commissioners now as this body normally does. So I was very pleased the Board saw their way to do that. It was very nice of them to change their prior direction to accommodate the boards individually, and I think it will produce a better product for everybody. Along that line, 1 think we're probably going to set a date today, and most likely it might be the 1 st of February or the 2nd or 3rd, I think that's the first available date. Mr. Murray? COMMISSIONER MURRAY: I don't exactly remember where I saw it, but it was noted in one of the documents that the comments that would be made would be footnoted in the staff's presentation to the Board. Does that still stand now, as opposed to our direct recommendations? CHAIRMAN STRAIN: I don't know how staffs going to handle our recommendations. This is-- there's three levels of recommendations. The first one is going to be a committee's Phase II report done in a manner that they feIt was the way it should be done. And 1 believe it's going to be in a format of recommended changes to GMP language, not the typical narrative report we see. This board can proceed any way it wants during that meeting to review that. And I certainly have some ideas on how that should be done. Our recommendations, I would hope that once we get them done, we can send them to the Board of County Commissioners independently of what anybody does. COMMISSIONER MURRAY: That's why I bring the issue up. Because I remember reading that it was to be footnoted in the document that would be proffered to the BCC, and I thought that would not necessarily provide a clear direction from this board. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: For the record, Joe Schmitt. I have absolutely no idea as far as what you're referring to a footnote that may have been mentioned in a news report, but we -- COMMISSIONER MURRAY: No, it was in one of the documents we received. MR. SCHMITT: We will send and forward your comments to the board as either an enclosure or comment to, just like we would any other document that goes to the Board of County Commissioners. COMMISSIONER MURRA Y: Good. MR. SCHMITT: And let me turn it over to Randy Cohen and Tom Greenwood. Tom is the staff coordinator for the RLSA, and Randy, director of comprehensive planning. We've been working on this and we can talk specifically about dates. Randy? MR. COHEN: Well, Tom's going to talk about the dates. CHAIRMAN STRAIN: Well, no, the dates are coming up on our other agenda. And this is my chairman's report, so it's the tinle and moment I get to say a few things. But I'll certainly let you guys comment and make any clarifications needed. Page 6 16\ 1 -A7 December 4, 2008 MR. COHEN: Yeah, I wanted to clarifY what our intent was with respect both for the EAC and the CCPC, which would be to send under separate cover your comments and delineate them accordingly. The only thing that I would ask is -- and this is one of the things, they asked for a clean copy of the committee's document to move forward as well. The one thing that we've done in the past with a lot of other documents is we've also sent a separate copy of a document with the comments from both the EAC and the CCPC under them as well in addition to the separate report. The question that I have for you is would you like us to do that as well? CHAIRMAN STRAIN: Well, I think you're going to have an opportunity to do both. I think you're going to find that during the meeting we are going to have a lot of genera] comments, comments that won't be nailed down to a specific GMP language amendment. Then as we get into each GMP language rewrite, we may have comments about those as well. So I think you'll have maybe a narrative from us to begin with as an introduction to any of our specific concerns, if we have any, and then any comments to the GMP language as we go through each paragraph, one at a time. MR. COHEN: We anticipated doing both and we will do so accordingly. Thank you. CHAIRMAN STRAIN: Thank you, sir. To further the discussion on the RLSA, part of the RLSA program, not the one sponsored by Collier County but that's involved with many of the people who attend the RLSA meetings and even some people who I believe are on the panel, there was a private agreement established between some landowners out there, I think most of the big ones, and some of the environmental groups out there. That private agreement was titled as a Memorandum of Understanding. It had very specific time lines in it and it had very specific commitments in it that the people who signed that memorandum were obligated to do certain things as a resuIt of signing that memorandum. And it referenced the RLSA prob'Tam in many, many instances within the document. I think it's important that this board understand that document as maybe a preclude to what they see coming through from the RLSA report, So I made copies of it for everybody to pass out here today for your reading. And you have plenty of time. And I've read it four times. It's a little complicated to understand. Some people that probably wrote it would think it's real easy to understand. But I tried to understand it and how it impacts the RLSA, and so that's why I read it. It is not a governmental document. It is not something enforced by the govemment. It is purely a private agreement. So you need to look at it that way and read it at your leisure. I think it would be good for everybody to be at least familiar with it. It's all about panther mitigation and how the program is proceeding out there. And there it is for your reading pleasure. And with that, I've got one more item to discuss and that was the discussion on Tuesday ffom the Board of County Commissioners involving the appeal of the Monte Carlo dock situation, I don't know if any of you heard about it, but if you recall, we denied on a 6- 3 vote the Monte Carlo multi-slip docking facility that was in Vanderbilt Beach. The applicant appealed it to the Board of County Commissioners. There seems to be some debate over the contcxt in which we supplied the information for those that based their decision for denial. And there's going to be further discussions with the county attorney's office and staff, and I'm assuming a presentation back to us as to how this needs to be re, say, structured or looked at so that the board gets a product that they feel more comfortable with in understanding what the vote was for and how it came down. Mr. Schmitt? Page 7 16\ 1 A') December 4, 2008 MR. SCHMITT: Yeah, we concluded at the end of the meeting that it -- and I'm going to turn to Jeff as well; we haven't discussed this between him and I privately, But it was my assumption or at least perception that it's going to come back to you almost as a rehearing. And -- MR. KLA TZKOW: No, that wasn't my understanding. And I think you and I need to look at the transcript when it comes in. Because my understanding, Joe, is that they just wanted the board to delineate or to specify their reasons straight on down the line. But it was kind of complicated because of the discussion on the dais. MR. SCHMITT: Well, it had to do with the -- how the rules are written and what -- four out of the six primary and five out ofthe six secondary. MR. KLA TZKOW: I think you and [ will sit down, we'll hammer it out, then we'll get an agenda item before the Planning Commission. MR. SCHMITT: Because it was coming back completely packaged again. And for all intent and purposes, it was almost a rehearing in front of the Board of County Commissioners. CHAIRMAN STRAIN: Well, as long as before we hear it your department and legal department will.- MR. SCHMITT: Yeah, we'll sort-- CHAIRMAN STRAIN: -- come back with a conclusion that's consistent with what the BCC wants. And -- MR. SCHMITT: And I'm looking at a January date. This will probably be a January time frame it will be back to you. CHAIRMAN STRAIN: Okay. And a~ you guys come back, or come up with a way that that's to be handled, it would be important to know if we're going to hear public testimony again and get into those kind of issues, because that will certainly change the style and format of the meeting for both sides. So with that, I think I've finished my comments from the chairman's report. We have no consent agenda items today. Item # 11 A SCHEDULING OF THE RLSA REPORT MEETING And then we'll go into our first issue, which was moved up for new business, and it will be Il.A, and that is the discussion on the scheduling of the RLSA report. And Mr. Greenwood and Mr. Cohen are here today. I think you've all received a schedule. And basically, if we want to operate in this room, it would be February 3rd and February 17th. I think we might be able to get through that hearing in one day, but we need a backup day just in case we can't. I understand that the EAC is going to hear this on January 29th. MR. GREENWOOD: That's correct. And they have a backup date of the 30th. CHAIRMAN STRAIN: Now, we can certainly entertain an oral report from statT during the February 3rd meeting, but I would highly recommend to the Planning Commission we take the two dates in February. They are the best availab]e dates for this room and the only ones and the earliest we could get in here. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I mean, we were sent out a whole bunch of dates. So they weren't for this room? Because unfortunately the 3rd is the only day I can't make it of all the dates sent out. And again, the same reason why [ won't be here next week, that's the date the Building Commission's Page 8 16\ 1 -A? December 4,2008 Meeting. CHAIRMAN STRAIN: Is the Bui]ding Commission, is that what, a Collier County board? COMMISSIONER SCHIFFER: It's a state board. CHAIRMAN STRAIN: Okay, well, the Collier County board is I think much more important than the state board. MR. SCHMITT: No, no, I think that state board is pretty important, too, for the building code. CHAIRMAN STRAIN: I just had to give Brad a hard time. COMMISSIONER SCHIFFER: Some would argue that. But the -- CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MlDNEY: Tuesdays are a very bad day for me. I see that there are some days that are in the CDES rooms that are ll1ursdays. That would be my preferred day, CHAIRMAN STRAIN: Okay. My thoughts on this is because it is the RLSA and it is something that we want to make sure the public has -- is able to see as clearly as possible and attend as clearly as possible, this room is probably the best option for that. But I understand the concerns of both you and Brad. Anybody else have any comments? (No response.) CHAIRMAN STRAIN: Well, then we need to come to a consensus on the dates here. Does anybody want to make a -- I mean, personally, and I'm sorry that Paul, you and Brad have a conflict, but I still think the 3rd and 17th are the better of the two days, but-- MR. GREENWOOD: Mr. Chairman, if I could -- Tom Grcenwood for the record.. just make a few comments. The committee has met 19 times, the Ad Hoc Rural Land Stewardship Area Review Committee. In fact, one of your members sat through most of the meetings. They did decide to take the tact to go through each and every one of the policies of the 77 policies. Three-fourths of the policies either have no changes or have minor changes such as annotations, updates, et cetera. There's about 12 policies in my opinion that are substantive changes. And my opinion is that probably half of those policies will generate a lot of discussion. The documents that you'll be receiving, by the way, which has not yet been completed by the committee, they meet next Thursday, is on-line right now under fUralland stewardship review committee. That document also lacks, in my opinion, all the data and analysis necessary to go through transmittal hearings. So what we're really talking about before this body and before the EAC is a review of a planning document as such, but it's a very critical review, and I'm personally very glad that the BCC directed that it come to you first before you see it in the form of Growth Management Plan Amendments. And really, those are my comments. There's a couple of new policies and a couple of policies that are proposed to be deleted. And I think you're going to -- I don't know if you're going to enjoy the process of review, but I think it will give everybody a good sense of where this program has been during the last five years. And that was included in your Phase I report, which came to this body 1 believe in May. But you'll also see some -- a lot of discussion in the document about the time that the committee has put into the review. Just some comments. So -- and maybe that will help you decide on dates, maybe it won't. But you will, if this becomes a Growth Management Plan cycle amendment, which has not been authorized by the board, you will get two additional bites at it in transmittal and adoption hearings. CHAIRMAN STRAIN: Tom, is the January 29th date that's on our list now out because the EAC's meeting and I assume they're using that room? Page 9 16 i 1 ID December 4, 2008 MR. GREENWOOD: They are. However, if you'd like, I have a feeling that the EAC would be willing to swap dates. They were looking at another aIternative. But I can look into seeing whether you'd like to -- CHAIRMAN STRAIN: Well, before we go there, you know, Mr, Midney, being the representative from the Irnmokalee area, his input is very important in this process. And Brad's methodology of reviewing code is also equally important. I would hate to see meetings of this importance be held without them present. As much as this room is preferable, especial]y for communication with the public, I believe in the CDES room we're completely set up for public broadcasting. MR. SCHMITT: Yes, they can now broadcast from there. It's probably not the most desirable from a standpoint of presentation, but they have -- they do broadcast live. We have -. the last several meetings have been live. CHAIRMAN STRAIN: Are there any -- from comprehensive planning, is there any presentation-- how much of a presentation option is going to be needed for this discussion; do you know? Is it going to be -- I'm assuming an overhead projector is sufficient? MR. GREENWOOD: Yeah, we'll have Power Point. Basically Power Point, yes. CHAIRMAN STRAIN: Tom, to let you know, we submitted this board nine pages of questions -- MR. GREENWOOD: Yes. CHAIRMAN STRAIN: -- and requested they be answered. The meeting will be held starting out answering those nine questions before we get into the GMP language, just so everybody has a heads up on that. MR. GREENWOOD: Yes, I think that's a good point. There were actually about eight or 10 different agencies and organizations that submitted comments and questions and statements. And those have been addressed. Some people may feel they haven't been addressed appropriately, but they have been addressed in the report. CHAIRMAN STRAIN: Well, they will be addressed again in a public meeting with this board that will be televised so the public knows the answers and knows the questions. And that's exactly what -- that's the approach that I believe we're going to be taking. MR. GREENWOOD: Good. CHA]RMAN STRAIN: So however that needs to come out. Now, considering that, Mr. Murray, I know the other room was a problem for your hearing at times. Is it something you could work with if -- COMMISSIONER MURRAY: I'll do my best to work with it, if you don't mind if! ask for qualification when I need it because I may have missed something. CHAIRMAN STRAIN: No, I want to make sure all of us hear it and have a proper understanding of it before it's approved. COMMISSIONER MURRAY: I appreciate your concern, because I do try to follow it. I don't want to miss any parts of it. CHAIRMAN STRAIN: Well, with that in mind, then maybe the 28th and 30th will work better. The EAC can go ahead on the 29th. I'm not sure we need their review for us to do our review as much as we need our review responded to. So I think we can work with that. Does that sound like an idea to everybody? COMMISSIONER MURRAY: Well, the 28th and 30th would be here? CHAIRMAN STRAIN: No, it would January 28th and 30th in the CDES room. COMMISSIONER MURRAY: Okay, that's fine. CHAIRMAN STRAIN: The February dates we'll just have to pass and maybe fill up with Page 10 16 \ 1 ~ December 4, 2008 something else you guys may have coming forward, so -- COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: Does that work for everybody? COMMISSIONER MlDNEY: That's better for me. COMMISSIONER SCHIFFER: Good. CHAIRMAN STRAIN: Okay, then let's make it, Tom and Randy, the 28th and 30th of January. And I would suggest we allocate -- block out both full days, so -- MR. GREENWOOD: We'll do that. I also might mention that the EAC had scheduled the 29th with a January 30th rollover date. And what I suppose I can do is contact the EAC and see if they would consider a February 3rd rollover date here in this room in the event that there is a rollover. I don't know that the EAC will spend more than a whole day on this, but you don't know. CHAIRMAN STRAIN: Okay, I would suggest then we look at the 16th. But honestly, that's after the meeting on the 15th. And I'd hate to see us sidetracked by having a review for the data on the 15th, so -- MR. GREENWOOD: We'll work with the 28th and 30th. CHAIRMAN STRAIN: Okay. And if the -- just see what the EAC can do. Okay, we'll leave it like that. MR. GREENWOOD: Thank you. CHAIRMAN STRAIN: Thank you, sir. COMMISSIONER MlDNEY: Thank you, Mark. CHAIRMAN STRAIN: You're welcome. That takes us to our first regular hearing petition. MR. SCHMITT: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir? MR. SCHMITT: I do add one issue of old business. You asked at the -. or was asked at the end of the meeting, if you want to covcr this now, it had to do with reimbursement for travel. CHAIRMAN STRAIN: Let's do that under old business -- MR. SCHMITT: Okay. CHAIRMAN STRAIN: -- if we could. MR. SCHMITT: We'll do it then. CHA]RMAN STRAIN: Yeah, this was just getting some -- this was agenda Item II.A. I'll add yours under old business, which would be IO.A. Item #9B - Continued to later in Meeting PETITION: SV -2006-AR-] 0482 - F AIRWAYS RESORT The next item on the agenda will be an advertised public hearing. It will be Item 9.8. And it will be Petition SV-2006-AR-10482, Seasonal Investments, Inc., d/bla Fairways Resort, requesting variances on the corner of Piper Boulevard and Palm River. All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the Planning Commission. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I had some conversations with staff over the lega] description. Page 1] 16 \ 1 ~ December 4, 2008 CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: I had a conversation with Mr. Hancock I believe yesterday on the phone. No information that really was exchanged, other than I didn't have any questions of him at that time. With that, we'll move forward. Mr. Hancock, it's all yours. MR. HANCOCK: Good morning, Mr. Chairman, Commissioners, Tim Hancock with Davidson Engineering, representing Seasonal Investments, owned by Mr. Stephen Mirowitz, M-I-R-O-W-I-T-Z, who is here today with us, the owner of Fairways Resort. This is a rather unusual variance request. And iflooking at your packet and through the background on this you're a little confused, I don't blame you. We started with a sign that pre-dates me, which as my children will tell you is a very, very long time. It goes back some 40 years in this location. The subject property, Fairways Resort, is located just off ofImmokalee Road, as you can see on the screen in front of you. The property that the resort is located on is zoned RT, residential tourist, which is allowable for a hotel. The piece that the sign is on is not owned by Fairways Resort, it is owned by Horse Creek Partners. And it is the small strip between the RT property and Immokalee Road. Because this property was constructed in the sixties, it pre-dates all of our zoning laws and zoning rules. So at some point after this property was built, we came in and we applied zoning. And somehow this property, which has had parking on it since 1968 for the resort and had a sign on it since the 1960's, somehow it was rezoned to RSF-3 instead ofRT. But yet it's a nonconforming lot in the RSF-3 category. And if that isn't confusing enough, it just continues getting worse. But let me cut to the key elements ofthe purpose for the variance. In 2005 a notice of violation, or at least a complaint was registered with regard to the existing sign. I'm not sure the origin of the complaint, whether it was a resident, but it did coincide with a visit from someone with the South F]orida Water Management District to Fairways Resort, indicating that the sign was not on their property, it was actually in the right-of-way for the canal. It turns out that is the case. Most of this sign sits in the South F]orida Water Management easement. Whether that easement came after the sign or before the sign, I havc not been able to determine. But nonetheless, the sign in some regard has to be at least relocated. We understand that. The problem came in, in how do you relocate a sign that's not allowed on residential property because it is an off-site sign that has been there for 40 years? And I will tell you that from the time I was engaged in 2006 to now there's been a lot of back and forth on that. And fortunately the Board of County Commissioners in October of this year at least clarified the Land Development Code to allow for an off-site sign in a residential zoning district. So that key issue that was a point of deliberation and delay for a period of time has been addressed. And what that has done is it's changed the number of variances being sought from an original number of seven down to what is now five. You had a previous staff report that indicated three, but five is the number. Let me give you a little bit of -- this is also the exhibit contained in your packet. You can see the Fairways Resort is the RT property. And the sign location, as it's shown there, while it's shown within that block, the existing sign is just outside the property line and the proposed sign will be just inside of it. As you can see, that is an RSF-3 property. There is an easement for the parking that exists in perpetuity, it will Page 12 16 \ 1 -II? December 4, 2008 always be used for parking, and we now have an easement to allow for the sign that was granted by Horse Creek Partners. This exhibit shows the existing conditions a little more c1ear]y. You can see the sign itself is predominantly within the Immokalee canal right-of-way. Only about a foot or two of it exists on the existing property. Prior to the hurricane in April of 2006, that was what the sign had looked like more or less for some 40 years. And to grant the historical perspective, this is an aerial from March of I 968 which shows the Fairways Resort and not much else. To the north of the residential subdivision -- and Ileamed some history of Palm River from Elwood Witt, who has since passed, but he was one of the early builders in there. To the north of that it was the Palm River Golf Course, which for many, many years was a private or semi-private course, and the resort was able to -- guests were able to come and play golf. And that has since obviously been purchased by LaPlaya as a private club. And so this resort is a vestige of the past. Despite all the odds, it continues to exist. It has a loyal client base. But one of the key elements for us is in fact the sib'll. And the reason that we know that is Mr. Mirowitz has requested surveys from his guests as they check in as to how they came about, how they found the property. And it helps his marketing. He's been able to determine that approximately 18 percent of his guests first noticed the property because of its sign. Now, unfortunately the current sign, tlle face panel that you saw previously, was blown out in 2006. Mr. Mirowitz was unable to replace that panel because ofthe code enforcement action and the questions with regard to the variance. So a temporary banner, if you will, has been placed over the sign. It's been in place for two or three years -- two years, excuse me. Nobody wants to see that banner continue. The neighbors don't like it, we don't like it because it doesn't represent the quality of the resort, And so what we're proposing in this variance is to construct a new sign entirely within the RSF-3 property owned by Horse Creek Partners. The new sign, instead of the 25 feet of the existing sign, will be no higher than 20 feet. Instead of being predominantly off the property, it will be entirely inside the property, right at the property line, though. And I'll explain the importance of that in just a minute. Obviously much more attractive and 100 percent in line with today's sign code as far as having the proper base and width. One of the key issues for this location is obviously visibility. The property is set back very far from the road. It relies on its signage dramatically for properties from either direction. And without the sign, the business may very well teeter from being sustainable to no longer being able to provide the services it does. I'll give you an example of the view. The existing sign is visible from some five or 600 feet coming down Immoka]ee Road, which is fantastic. That's great. Ifthe sign were to be moved back on the property, you would not see it until you're approximately] 00 feet from the intersection as you're traveling to the west. Traveling to the east you get a little bit closer to the sign before you can see it. Currently -- when this picture was taken, it was 275 feet. Since that time this median has been landscaped, and so the visibility is a little more spotty and you literally are on top of the property. The primary reason why the sign cannot be located on the RT zoned property is just that, sight visibility. If the sign were to be located physically on the Fairways Resort property, it would still require Page 13 16\ 1 A?J December 4, 2008 variances even to be 20 feet tall. But this would be your sight triangle as you approach the property. Visibility would be reduced from some five or 600 feet down to approximately 150 feet as you travel to the west. Coming from the east, there's a significant amount of landscaping that you can see where it says sign location, It's been there for a long time. This building is very ]usWy landscaped. The primary visible element of this building is its corner. And there's not a lot to see, And these are all typically good things. However, the building would have to be made more visible if the sign were to be moved back. We feel that putting it back on that property basically negates the sign. And to mirror comments Mr. Kolflat made in Apri] of last year, a very similar application, the Unity Church ofNap]es came before this board and received unanimous approval. And the concern there also was folks who may not be as familiar with the church could come upon it very quickly and there were concerns over safety. And I think sometimes we may overstate those concerns, but the truth is, this is a resort -- a small motel, relatively few rooms. People typic -. they're coming off the interstate, traveling to the west. They may know where they're staying, but without that sign they are literally going to be by it before they ever see it. If you're coming from the west heading eastbound, you may never see it without the sign, period. So our concern is that this is a 41-year-old sign. We would like to bring the sign closer into compliance with the current code to create a positive aesthetic experience, to maintain the visibility that it currently has, albeit smaller and shorter in height, and we simply ask for your consideration in doing so, The staff report we felt was very well put together. The only exception we take is staff is asking for a three-foot setback instead of a zero setback for the sign. Again, where the sign currently sits, in order to put it inside the property line entirely, we're already moving it seven feet to the north. That additional three feet would put the sign squarely behind some existing sable palms. And we're concerned that additional three feet may render a portion of the Sil,,'l1 no longer visible and cause us to have to possibly remove landscaping. We'd like to avoid that. We'd like to achieve the minimum variance required in order to maintain the visibility of the sign. In a nutshell, that's the basis of the request. I'd be happy to address any questions you may have, as would Mr. Mirowitz. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Just for my n for clarity. In the picture that you showed to us -- you can leave this one there, but in the picture that you showed to us that showed the new proposed sign, my understanding of it is that it was, how shall we say, facing south as opposed to facing east and west; would that be correct? MR. HANCOCK: No, sir. COMMISSIONER MURRAY: That's what] wanted clarity on. Ifit's -- I see your line of sight here, which suggests that the sign is canted or, how shall I say, vertical in a north-south alignment? MR. HANCOCK: Yes, sir. COMMISSIONER MURRAY: And is that correct? MR. HANCOCK: Yes, sir, the current sign is in that alignment and the proposed sign would also be in that same alignment. COMMISS]ONER MURRAY: Okay. Because that first picture, I got the distinct impression that it was flat too, and that would do what you don't want it to do. MR. HANCOCK: No, sir, it is north-south. And one of the reasons I hesitated to use that picture is all the colors and copy haven't been finalized yet. It's really for illustrative purposcs. Page 14 16 1 1 kS December 4,2008 And the second reason is it actually shows the new proposed sign in the same location as the existing sign. COMMISSIONER MURRAY: Yeah. MR. HANCOCK: You actually need to move it a little bit to the right in that photo, if you would, to get the actual appearance of what the result would be, should the variance be granted. COMMISSIONER MURRAY: So just for absolute clarity, the sign will be -- you hope to be right on the property line, or within an inch or so of the property line, and will have a vertical alignment; that is to say, the non-face of the sign will be north-south, and the face of the sign -- and it will be double sided? MR. HANCOCK: Yes, sir. COMMISSIONER MURRAY: Okay. And that will be east and west. MR. HANCOCK: Yes, sir, that is correct. COMMISSIONER MURRAY: And the result is that you gave us visualization at what, 500 and some odd feet you said? MR. HANCOCK: Yes, the sign is currently visible from in excess of 500 feet when you're westbound. We believe the new sign would maintain the majority of that visibility. A Iitt]e bit smaller. We think it's ample distance to still serve its purpose. COMMISSIONER MURRAY: Is there any -- did you take into consideration the possibility along that line of sight -- and I don't see the other one from the west, but along that line of sight, is there any possibility that there might be some gro'Wth, trees or such, that might eliminate or impede visualization? MR. HANCOCK: In a westbound movement, not really. The width of the canal in '68 when this was built, there was 70 feet of area between the sign and the canal. There's now 30 feet. The width of the canal really provides an ample viewing corridor to the west. To the east, the primary -- there is some blockage of the existing landscaping on the property, which we think is going to be okay. The primary blockage now actually comes from the median landscaping on Immokalee Road when you're eastbound. And there is nothing we can do about that. COMMISSIONER MURRAY: No, nothing. Okay, that really was the only thing. I was concerned whether or not you actually were high enough to be able to assure continued visualization, assuming you were -- MR. HANCOCK: Certainly we would like the 25 feet. We would not have brought the 20 feet forward if we didn't feel that it would serve the purpose of the resort. I think less than that, they would be in significant trouble. COMMISSIONER MURRAY: Tbank you. CHA]RMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Tim, what's the design ofthe sign going to be, since we're going back for the legacy of the location? Is the design going to be similar to that? Because this hotel does have a charming FiftieslSixties kind oflook to it. In other words, is that the design that was there or is that the new design? And actually show the design that was. Okay. I mean, it would be nice if we're going to grab the legacy, we grab the legacy all the way. MR. HANCOCK: By comparison, this is the copy that was provided to the sign company. And Mr. Mirowitz is not necessarily committing to the size of the font or whatnot, but I believe this is -- is this the style and character the sign will be constructed in? And he's indicated yes. MR. MIROWlTZ: Yes. COMMISSIONER SCHIFFER: Okay. And that's similar enough. I think that's good, Second question is that throughout this whole application, including the lease, the legal application Page 15 161 1 P December 4, 2008 doesn't defme the site that the sign's on. Are you concerned about -- or Jeff, would you have a concern with that, or -- MS. ASHTON-CICKO: If you look at the second page of your resolution, that's the -- that contains the legal description of the property where the sign is going. It's Exhibit B. COMMISSIONER SCHIFFER: But if you look at -- if you follow the -- and we have -- it's best shown on -- we have an attachment in the original application that shows the full site. And if you follow that legal description, it isn't the site at all. MS. GUNDLACH: Commissioner, I've obtained as of yesterday a copy of the accurate easement agreement that I'm happy to hand out to the commissioners. COMMISSIONER SCHIFFER: I mean, do you have a copy of this? MS. ASHTON-CICKO: I have a copy of the application. When I requested a copy of the permission for where the sign is being placed, because the easement in the backup that I was provided is only for parking, there is no easement unless there's a new document for the sign. COMMISSIONER SCH]FFER: And even that easement's incorrect. What essentially it's doing is it's going to the west, not to the east. I mean, if-- MS. ASHTON-CICKO: I mean, the operative language for the placement of the sign is what's in the proposed resolution. I did not plot that out. It's a metes and bounds description. COMMISSIONER SCHIFFER: And Exhibit B, which is essentially a lease from the owners, this Horse Creek or whatever it is. MS. ASHTON-CICKO: Yeah, it's a letter of permission. And essentially that is a license, and it is revocable. COMMISSIONER SCHIFFER: And that's not the proper legal. That's my point, is when you follow that it isn't -- MS. ASHTON-CICKO: I'll let Mr. Hancock address that. COMMISSIONER SCHIFFER: And Tim, the best way to look at it is that we have a staff report that's black and white. If you go into the back of that, there's a pretty good survey of the project. And if you follow the lega] description that was first provided, you can see that it starts at a point and goes west where actually it has to go east to catch us. MR. HANCOCK: Mr. Schiffer, is your question with the legal description on the surveyor the legal description attached as an exhibit to the application? COMMISSIONER SCHIFFER: My question is -- well, first let's start with there's the lease you have to use the property from -- and let me -- from Horse Creek Estates. That's the lease you have, which is allowing you to put a sign on property you don't own. But that legal description is one of the ones that's incorrect. I know further into the code the legacy also has incorrect easements. But I think since Nancy's given us a correct one, I think what would be appropriate would probably be do we have Horse Creek Estates, which owns the land; assumab]y they own the land where the sign is -- MR. HANCOCK: They do. COMMISSIONER SCHIFFER: -- giving you a lease for that land. MR. HANCOCK: Yes, sir, we do, And we actually executed an additional easement agreement with them specifically to allow for a sign on the property. What we can do, hopefully subsequent to this body's action, would be to ensure that the record clearly shows the proper easement and the proper location. I'm not so sure that it doesn't, but we certainly can do that. We have an easement agreement for the parking. We now have an easement agreement for the sign. And we have their permission to act as an applicant based on both the partiall.D. number and the legal Page J 6 16 I 1 ItS December 4, 2008 description submitted with the application. I'm not sure where in that we have fallen down, but it can be corrected. COMMISSIONER SCHIFFER: I mean, Nancy's reviewed it, maybe Nancy could state is in fact the legal description correct or is it incorrect. MS. GUNDLACH: Good morning, Commissioners. For the record, I'm Nancy Gundlach, the Department of Zoning and Land Development Review. And I can give you a little bit of history about this easement agreement. It appears that the original easement agreement is for the property to the west of this site. Upon further research we found another recorded easement agreement for the correct property, and that is the one that I've just handed out to you. And if we look at Exhibit B that's included and attached to the resolution, it appears that Horse Creek Estates used the incorrect legal description when they created this easement agreement for the sign and parking that's dated 2007. COMMISSIONER SCHIFFER: And since Exhibit B is what's referenced in our resolution, can we be assured that Horse Creek is going to provide a document similar to that with the correct legal description on it? CHAIRMAN STRAIN: The easement agreement that you just passed out is already included in our package. COMMISSIONER SCHIFFER: Where is that, Mark? CHAIRMAN STRAIN: And if you -- MS. ASHTON-CICKO: Mr. Chairman, may Ijust clarifY for the record for the Commission, because I think that there's some confusion. And for the record, Heidi Ashton, Assistant County Attorney. The document that Ms. Gundlach is referring to is easement agreements that pertain to the parking that allow the use for parking. The issue that you have today is the sign. And the operative documentation related to the sign is attached as Exhibit B to your resolution. That's the legal description for the placement of the sign. Is that the legal description that you're saying is incorrect? COMMISSIONER SCHIFFER: Correct, that that is an incorrect legal -- that is a legal description for property to the west. There is a 40-foot overlap, but the sign's not on that 40-foot overlap, it's on the other side. If you want to take a quick break, I can prove that to you. CHAIRMAN STRAIN: Well, we're not going to -- maybe if -- Tim, is your surveyor here? Did somebody in your department survey this property? MR. HANCOCK: No, sir. We don't -- CHAIRMAN STRAIN: Did someone proof the lease agreement in your department who -- one of your surveyors or anybody likc that you could call and get verification? If we were to continue this until a little later today, could you clean this up for us? MR. HANCOCK: I certainly could attempt to clean it up. We did not perform a survey on the property, nor do we have an intcrnal survey department. CHAIRMAN STRAIN: And all the county attorney's office needs is a lease agreement with a verified legal description that this encompasses this sign location. I think that's the point; is that right? Heidi, is that correct? MS. ASHTON-CICKO: Correct. Because what you're approving, if you were to approve it today, is this language right here. And if that's off-site, then that would be problematic. CHAIRMAN STRAIN: So if between now and say later today when we -- if we were to continue this till after the next three, Tim, you could come back through your department and have someone verifY the legal; you could probably get it faxed over to the commission's office or one of the secretaries could Page 17 161 1 .w? December 4, 2008 receive it bye-mail and you could bring it back in here and we could just verifY the legal and be done with the issue. Does that work for you? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Does that work for the rest of the board? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Let's bring up any other issues we have now so if there's any other clarifications needed by this afternoon, we can get it done. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Well, let me see if Mr. Schiffer is finished first. Mr. Schiffer, are you done? COMMISSIONER SCHIFFER: That's it, thank you. CHAIRMAN STRAIN: Okay, Mr. Kolflat I think wa~ next and we'll get back to you, Mr. Murray. COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Tim, we're going to continue on and we're going to give you everything we have now, so if there's any other clarifications needed, it can be done all at one time and we don't have to continue another hearing. MR. HANCOCK: Yes, sir. COMMISSIONER KOLFLAT: Will this sign be lighted? MR. HANCOCK: Yes, sir. It will have the internal lighting, yes, sir. COMMISSIONER KOLFLA T: Internal. So the entire sign will be a lighted sign. MR. HANCOCK: That is the current plan, yes, sir. COMMISSIONER KOLFLAT: That's all I have. CHAIRMAN STRAIN: Okay, Mr. Murray. COMMISSIONER MURRAY: Relative to what Brad brought up about the license agreement, if there is a license, in other words, a permission to use that space, you recognize that if the permission is withdrawn, the sign would have to come dovm, correct? I'm assuming that that is a correct statement, that it is a permission and not an easement for that particular parcel. MR. HANCOCK: Yes, sir. And the permission does not have any revocability associated with it. It's just a permission. Much like the parking has no revocability associated with it. MR. KLATZKOW: It's revocable at will. COMMISSIONER MURRAY: It's what? MR. KLATZKOW: It's a license. It's revocable at will. COMMISSIONER MURRAY: I know, I was about to argue with him about that. It is revocable. If it's on your client's property, there is no issue. But if it's in any other way on somebody else's property, you do have an issue, a serious issue to be concerned about. You probably want some kind of help on that one as well. That's the reason I raised it. MR. HANCOCK: This property has no other use. It can't be used for anything else. If Horse Creek Partners wish to revoke it, we would have to remove the sign. And I guess that's a risk that -- COMMISSIONER MURRAY: As long as you acknowledge that. MR. HANCOCK: -- we're willing to take. COMMISSIONER MURRAY: As long as you acknowledge that. I understand where you're going. MR. HANCOCK: Thank you. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: You say the sign is lighted. Is that just the upper portion or is that Page I 8 16 t 1 ~ December 4, 2008 also the six-foot wide 12-foot high portion? MR. HANCOCK: No, sir, just the upper portion. And that's the way the original sign has been for decades. It's just the upper portion that would be internally lit. COMMISSIONER WOLFLEY: Okay. Then my next question would be: Do you have any intent on that tan portion in the left picture to put things like rooms, efficiencies and so on, similar to the one where AAA was on the one on the right? In other words, are you going to use that post as a signage also? MR. HANCOCK: No, sir, we'd be prohibited from doing so. We're limited to the sign copy area that you see. COMMISSIONER WOLFLEY: That's where I was going. Thank you. MR. HANCOCK: Thank you. CHAIRMAN STRAIN: Any other questions at this time of the applicant? (No response.) CHAIRMAN STRAIN: Tim, I have one. The two signs you have on the picture here, why would you want to put a solid 72-inch wall that would create a lot of wind loading and structural requirements to carry that in high winds, compared to the simpler blow-through method that you've used on the pole sign next to it? That doesn't make any sense to have all that blockage there. Is there any reason for that? MR. HANCOCK: Because our Land Development Code tells me I have to. You have to have -- CHAIRMAN STRAIN: Do you care? MR. HANCOCK: Pardon me? CHAIRMAN STRAIN: Do you care? MR. HANCOCK: No, sir. CHAIRMAN STRAIN: So if we made a recommendation to let you go to the two-pole operation that you had, to me that's visibly more appealing, you don't have a wall blocking out what's behind it, it's not -- I don't understand why we would have a code that would require you to make an uglier sign than a simpler one. MR. HANCOCK: It was a move away from the old pole signs where the steel pole underneath would rust and look unattractive, so pole covers in essence are required by the Land Development Code at a minimum width ratio based on the copy size of the sign. CHAIRMAN STRAIN: So under this column that's there now, do you have a requirement in the code that says you have to maintain it, you have to repaint it, you have to take care ofthe stucco pealing and the block cracking, anything like that? MR. HANCOCK: Yes, sir, it has to be maintained in a -- CHAIRMAN STRAIN: Why wouldn't we have that in the code for a pole? And if we did, why would you not then want a pole? It's simpler and goes up a lot easier and looks a lot better. Anyway, I would suggest that maybe when you come back, that might be a discussion we'll have as well. That doesn't make any sense to me, but we'll go from there. MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Anybody -- Ray? MR. BELLOWS: Yeah, for the record, Ray Bellows. There are certain dimensional standards that can be applied through a variance. This isn't a dimensional standard, so you can't vary from a code requirement that says these things have to be encased. CHAIRMAN STRAIN: You're telling me the BCC couldn't say that the poles are okay and the wall isn't? MR. BELLOWS: Well, the BCC can act in any manner they chose, but the code -- Page 19 16 \ 1 ~ December 4, 2008 CHAIRMAN STRAIN: Well, if we make a recom-- MR. BELLOWS: -- is the code, and -- CHAIRMAN STRAIN: Right. But if we make a recommendation that is more practical to do something to the right than it is to the left, is there a reason they couldn't do that? MR. KLATZKOW: I guess what you're saying, Mr. Strain, is that you think this LDC requirement is not in the best interest. CHAIRMAN STRAIN: Well, not this case. I don't see where it does any good to anybody. MR. KLA TZKOW: Well, I don't know where it would do any -- if that's your opinion, I don't know how this would differ from anybody else's property. I mean, you may want to recommend that we relook at this particular provision. MR. SCHMITT: You're going to see the sign code come to you. There are some changes. There was no intent in changing any architectural requirements. This -- and I was not here when this was vetted through the public. This had extensive vetting through public committees in the late Nineties, early 2000 when this sign code was created to create these monument type signs or appearance. And as Mr. Klatzkow alluded to, these are required all over the county. We have made many, many gas stations and others create these type of signs. Now, again, that's -- I'm not criticizing, nor am I intending to criticize. All we're trying to do is enforce what the standards are within the sign code that has been adopted by this community and approved by the Board of County Commissioners. CHAIRMAN STRAIN: I'm not criticizing your department. I'm not criticizing anybody. I'm just simply saying, if you look at these two signs, which one is more appealing, especially when you can see through the other one and get landscaping instead of a solid block wall 18 feet or whatever high it is. It doesn't -- I don't know why we'd want to put people through that. Mr. Schiffer? COMMISSIONER SCHIFFER: And Mark, I think that's an excellent idea you have. And Joe, because we're going to allow this thing to be taller, can't we -- one of the concerns we would have is that the monument sign doesn't look good that tall. Essentially we're allowing this thing to be located because of its historic nature. I definitely think we should try to recreate the image that it had historically. I think that's -- MR. SCHMITT: And that's fine, if that's the way you want to propose this. I just have to point out to the board that it is not something that is subject to a variance, as Ray pointed out. It is a complete, I'll call it, disregard for the code or waiving of the code requirement. CHAIRMAN STRAIN: No, that's not true, Joe, it's not a disregard for the code. The code isn't right in all cases. There's extremes. I mean, putting a 20-foot high solid block wall up there because the code says you got to versus two simple poles, let's look at the practical side of things and practical application. The one on the right is a lot simpler and more appealing to the public driving by than seeing a massive wall going up. And especially one that's got to withstand wind loads to that height. I mean, it's just absurd what they're going to have to do structurally to make that work under the foundation. COMMISSIONER SCHIFFER: And Joe, one thing is why can't we -- since we're being asked to allow this sign to be taller, why can't we shed that requirement of the thing? Because the monument sign does not look good that tall. Mark, I agree with your point. MR. KLA TZKOW: I really don't have any issue with that being a recommendation. MR. SCHMITT: I have no issue with -- MR. KLATZKOW: And then the board could either accept or reject it. MR. SCHMITT: It's not a dimensional standard, we'll have to point it out to the board as such, and the board can approve it as you recommend. Page 20 16\ 1 December 4, 2008 .tfS CHAIRMAN STRAIN: Thank you. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: As an alternative, could we recommend landscaping that would be maintained in front ofthat six-foot wide stanchion? CHAIRMAN STRAIN: Well, I mean, then you're talking about another easement, you're talking about irrigation, you're talking about a lot of things that may not be needed now. Why would we want to make it harder? I mean, I don't know if that -- I don't think that helps, I think that makes it worse. MR. SCHMITT: Nancy can answer that landscaping is required around the base of -- MR. HANCOCK: There's a 100 square foot minimum requirement, but-- CHAIRMAN STRAIN: Not 20 feet high. MR. HANCOCK: No, sir, not -- it's fairly small. Shrubs, as opposed to bushes or whatnot. We're happy to go either route, whichever is the pleasure of the Planning Commission. We appreciate this discussion. We just, you know, hopefully can get this issue with the legal description resolved and move forward on the points that have been raised. CHAIRMAN STRAIN: Okay, with that we'll hear staffreport. That's you, Nancy. I saw you looking at Tim and I thought wait a minute, you're staff. COMMISSIONER MURRAY: Who am I and why am I here. MS. GUNDLACH: I'm sorry, I was thinking about something. Staff is recommending approval ofthis sign petition. And we do have some conditions that we are recommending. And the first condition is that the sign size shall be limited to 80 square feet and that the sign height shall be limited to 20 feet. That is what's shown in the graphics that were presented to you this morning. And also, our recommendation is that the leading edge of the sign be located no closer than three feet to the Immokalee Road canal property line. And with that, if you have any other questions, it's my pleasure to answer them this morning. CHAIRMAN STRAIN: Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: Okay, are there any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay, with that we will just simply continue this discussion until the end of the last item today, which would be after Item E. And I don't believe we need a motion because it's in the same day. We'll just do it that way. And Tim, if you could please clarify the legal description in the letter of permission, that would certainly help us by the time this comes back to us this afternoon. I'm not sure it will be this afternoon, but we'll see what happens. Thank you. Item #9C PETITION: V A-2008-AR-13568, ROBERT OSTER TRUSTEE Next item for today is Petition V A-2008-AR- 13568, Robert Oster, Trustee, for 540 Bald Eagle Drive. It's another variance request within the Naples Bath and Tennis Club. All those wishing to testifY on behalf of this item -- and I'll wait till Clay sets his book down-- please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay, disclosures from the Planning Commission. Page 21 161 l-AS December 4, 2008 (No response.) CHAIRMAN STRAIN: I called Mr. Brooker up and had a discussion with him about the issues, nothing of -- nothing I don't think's going to be not discussed here today. So we'll go forward. Clay, it's all yours. MR. BROOKER: Thank you, Commissioners. My name, for the record, is Clay Brooker, with the law firm of Cherty, Passidomo, Wilson and Johnson. I'm here on behalf of Mr. and Mrs. Robert Oster, who are sitting here in the second row. They are requesting a variance for a pool and a deck that has existed for over 25 years, long before the Osters purchased the subject property. I put on the -- I guess we call this ELMO -- on ELMO, the visualizer, the location map and the zoning map for everyone's help here on the location map. My pen represents roughly Airport Pulling Road. And this is Pine Ridge Road. The subject property is located within the Naples Bath and Tennis Club. The zoning map is a blow-up. This is essentially in Naples Bath and Tennis Club. Airport Pulling Road again on a north-south orientation there. This is an aerial photograph with the subject property highlighted in yellow. If you could actually back out, I'm going to try -- perfect, okay. What I'd like to try to do is give you a little bit of a perspective of the land ownership characteristics that are involved, as Naples Bath and Tennis Club is not exactly seen every day. The single-family residences you see are actually in a land condominium. It's a condominium form of ownership created back in the Seventies. There are 36 units in what's called Naples Bath and Tennis Club Unit B. And those 36 would run around here. The Oster's property is what they call legally family living unit number 20. But they are in all essence -- if you drive down the road, they look and operate just as single-family homes. The lake and the shoreline arcas and lake bank areas all throughout Naples Bath and Tennis Club, this is just one of several, are also in another condominium called the Naples Bath and Tennis Club Commons Area. Each of the units has a proportional share of ownership into the common areas, so everyone gets to enjoy the lakes. It's a little bit strange situation -- not strange, but that's I guess the way it was set up some time ago. This was the site plan that was located in your package. I'll spend some time to go through just to clarifY exactly what we're asking. This is the subject property here, family living unit number 20. If you see here, I'm going to outline the existing deck of their patio that exists and has existed for some 25 neat years. The dimensions -- this is the rear property line here. So the dimensions here at the northeast corner, the deck cxtends to within about 10 and three quarters inches from the rear property line. Here it's about three-and-a-half feet in the northwest corner. The actual setback requirement in the PUD for Naples Bath and Tennis Club under these circumstances is 15 feet. And that line is indicated here. And as you can see, it cuts through the existing pool. I have a few photographs for you to help give some perspective. This is standing on the existing patio deck on the west side looking east. Hcre's the opposite angle looking the other way. I'm standing on the east side of the patio looking west. This is essentially in the middle of the patio looking north out towards basically the backyard. That Page 22 161 1 ~ December 4, 2008 is the lake that exists behind the property. This is actually behind the property line, or north of the property line. I'm not standing here on the Oster's property, but this is on the lake shore, again, on the west side of basically the northwest corner behind the northwest corner of the Oster's property looking east. And the opposite view. Now I'm on the northeast corner looking west. Hopefully that gives you a little bit more -- a better perspective of what we're dealing with. The variance request before you today simply asks the county to recognize what has existed for 25 years without complaint. When I first received this, the obvious question came to me, well, how did this happen? How was an existing pool built with a fairly significant encroachment into a setback? I can tell you that as I mentioned, this existed for 25 years. The Osters are the fifth owners since the house was constructed back in the early Eighties. A couple by the name of Pullman, the Pullman's purchased the home from the builder, which was Coastland Building Corporation in 1982. The deck, pool and screen enclosure were all constructed by the Pullmans in that '82 to '83 time frame, so about a year or so, year or two after the Pullmans purchased the property. So how were they able to get the pcrmits to build this deck where it exists with the encroachment? I can't tell you exactly. I can't reconstruct history precisely that far back. But I can show you some documentation that might shed some light on the subject and let you draw your own conclusions. This is the application for the building permit submitted by the Pullmans contractor back in late 1 982. As you see, I'vc highlighted some ofthe key intormation. It is the 540 Bald Eagle Drive. You see there the contractor's name is Climatrol, Inc. This was a permit here to build a screen enclosure. And you can see here expressly stated right on the building permit application itself in two different locations is the applicable I5-foot setback. So how did the contractor overcome the problem? Well, I don't know exactly what requirements were in existence as far as supporting your building permit application back then, but this is labeled a sketch. So I assume there at the top -- I assume that's what was required back then. I can assure you today, this would not fly. And as you can see, if you needed a 15-foot setback, you simply draw it on the sketch. I really have nothing more to say. That's -- CHAIRMAN STRAIN: Life was simpler. I bet they only had pole signs back then, too. MR. BROOKER: Part of the building permit application. There you have the county signing off: the zoning department signing off on it in early 1983. Now, I'm not criticizing county staff in any way, shape or form here. Thcy probably simply relied on the contractor's representations. CHAIRMAN STRAIN: I don't think any of them are left who might have been involved in this. Ray, that was before your time. MR. BELLOWS: Way before my time. MR. BROOKER: Continuing on on our historical journey here. This is the actual building pcrmit that was issued by the county for -- again, this was the screen enclosure. And as you can see again, the 15 foot is expressly stated. So after the building permit was issued, the screen enclosure was installed and a certificate of occupancy is issued for it. And this is the C.O. The date is down here on the bottom. It's hard to read, but it says March 1 st, I believe, of 1984. Again, the contractor's name is Climatrol, Inc. I know some commissioners in the past have inquired into the builder or the contractor or tried to explore what recourse if any we may have against the builder or contractor for these kinds of circumstances. I have looked up Climatrol, Inc. This is the Department of State records as ofa little bit ago, just recently. You can see the company went out of business in 1991, about 17 years ago. Page 23 1 Et1mber 12008 itS After the Pullmans owned the property, the home was sold four more times, the last purchaser being the Osters, the applicant before you today. They purchased the property in 2006, two years ago. Apparently no one new about this encroachment all these years, and the Osters themselves didn't know about it and didn't find out about it until they applied for a permit to reinstall the screen enclosure about a year or two ago. And I say reinstall, which means at some point in time the screen enclosure came down. I haven't been able to determine exactly when that occurred. Word on the street, asking the Osters to ask their neighbors, property manager for the condo associations and so forth, the screen enclosure was removed by the previous owner to the Osters within the last few years. But I don't know the circumstances under which it was removed, whether it was a hurricane, simply voluntary removal, whatever the case may be. But that is part of the application today is ifin fact this variance is granted, it will allow the Osters to reinstall their screen enclosure. As I mentioned, the Osters tried to get that pemait to reinstall. The county staff caught it this time. So we've improved in that regard, I guess. But they refused to issue the permit, appropriately so, and that's why we're here today. Under these circumstances, we would request that the variance be issued for the many reasons that I've already mentioned, and I'll run through again. It's existed lor 25 years without complaint. The applicant before you, the Osters, are entirely without blame. There's no recourse possible against the builder or contractor, since they've been out of business for 17 years. No one objects to this request. The next door neighbors have sent in, I believe you've seen in your package -- these are the immediate next door neighbors. They support the request. The condo associations, both tor unit B, all the family living units, as well as the commons area, they support -- the board of directors adopted a resolution of support. And in addition to that, under the code I had to notifY other property owners within 150 feet of the Oster's property. That captured another three or four property owners, and I've not heard a word from them. I have confirmed with the propcrty manager, and this coincides with my review of the documentation as well, that no lake maintenance easement of any sort exists across the back of the Osters property. There was concern that if in fact a maintenance easement exists, you have this pool deck there, how is the common area association going to maintain their lake. No such easement exists. There's enough room, and it was designed that way, I'm told, enough room to maintain the lake behind the property line. So this variance request would not impact that at all. And when discussing this issue with the property manager for the condo associations, he said that was an issue taken directly into consideration by the boards, and they still support it, because no such easement exists. An enormous financial and practical difficulty would result to the Osters if the variance isn't granted, because they would possibly have to remove an existing pool and patio. Oh, with regard to the screen enclosure, I'd also like to add -- the installation of the screen enclosure, I should say the reinstallation of it, will cure some sanitary and health problems that the Osters have. There have been some incidence of animals coming on to the property and doing their business in the pool, depositing feces, however you want to say that. I do have pictures of that as well, but I'll spare you. But obviously the installation of a screen enclosure would hopefully stem that from occurring in the future. Mrs. Oster also has an allergic reaction to certain insect bites. She recently was stung by a wasp, ended up in the emergency room and now carries an epinephrine shot for emergencies, but she'd prefer not to stab herself. So a screen enclosure would hopefully keep those insects out as well and let them enjoy the patio area. For these reasons we respectfully request that you recommend approval of the variance request, as Page 24 161 1 .A:S December 4,2008 the eounty stafI has. And with that, I'm finished and we'll try to answer any questions you may have. CHAIRMAN STRAIN: Mr. Kolflat, then Mr. Wolfley. COMMISSIONER KOLFLA T: Are there two variences involved here, Clay? MR. BROOKER: Yeah, that might be a legal question. If you grant the variance for the pool, the existing pool and deck, by definition it would allow the screen enclosure to be installed. So it's -- I would take the position that it's one variance request. And the reason for that is the I 5-foot setback requirement applies in the PUD. If you read the PUD document for Naples Bath and Tennis Club, the normal setback is 20 feet. But for screen enclosed pools it's 15 feet. So in order for us to ask for a variance from the I5-foot setback, we would necessarily be talking about a screen enclosed pool. So in my opinion, one would go with the other. But I don't think from our standpoint, if you want to make it to two variance requests, I have two different variance resolutions or ordinances. We don't -- we take no position with regard to that. COMMISSIONER KOLFLA T: Well, I guess my question hammered around is it possible that one ofthe requests, one ofthe variances might be approved and one might not? Or what would be your response to that, if it's been treated as two different variances? MR. BROOKER: I mean, I guess a possibility -- to be honest, to answer your question, a possibility would be able to say a variance for the existing pool is granted, but that does not carry with it an approval to install the screen installation, the screen enclosure. COMMISSIONER KOLFLA T: But thc pool has been there for 25 years, but the screen enclosure now is not yet up. MR. BROOKER: That's correct. COMMISSIONER KOLFLA T: Has the construction started on the screen at all? MR. BROOKER: No, it has not. COMMISSIONER KOLFI AT: Do you have any idea what the trend is out there in that development as far as number of pools that are enclosed and those that are not? I mean, there are both types, but I'm just curious as far as what the percentage of the trend had been. MR. BROOKER: I haven't personally surveyed the properties, but from that aerial, you get an idea. Pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool, pool. COMMISSIONER WOLFLEY: No enclosures. CHAIRMAN STRAIN: Mr. Wolfley, you need to be recognized before you talk into the mic. MR. BROOKER: But as far as a trend goes, I couldn't tell you. I just know that a lot of pools exist in the community. COMMISSIONER KOLFLA T: Now, have both the neighbors on the south and the north expressed support for this? MR. BROOKER: It would be the east and the west, but the answer is ycs. COMMISSIONER KOLFLA T: They both have. That to me is very important, because it's so close in there that that would be adverse -- if that adversely impacted a neighbor, it would certainly be worth consideration. Do both the neighbors on the ea~t and west meet the setbacks as the moment that they have (sic), or do you know? MR. BROOKER: I don't know. I have not done my own review of that. Based upon the aerial itself, and I don't want to throw anyone under the bus, but based on the aerial, the property to the east may look like it has an encroachment issue. Property to the west may not. But I have not -- and this again is the property appraiser's aerial photograph, which we all know sometimes is not all that -- doesn't always accurately portray property lines vis-a-vis structures. Page 25 16 \ 1 kS December 4, 2008 COMMISSIONER KOLFLA T: Your aerial in the report indicates that there are two houses noted on the aerial that have received variances already. I think they're identified as number 18 and number 14. Do you have any idea what the amount of encroachment was in those cases at which the variance was granted? MR. BROOKER: Yes. It was in the staffreport. I can give you the exact measurements. But I can go off the top of my head. COMMISSIONER KOLFLAT: There's not much up there anymore. MR. BROOKER: Sorry? COMMISSIONER KOLFLA T: There's not much up there anymore, the top of your head. COMMISSIONER MURRA Y: Is that inside or outside he's referring to? MR. BROOKER: The 18 -- living unit 18 has a variance that was granted to them. And I believe their pool comes within about four feet of the property line. So doing the math, that would be an II-foot encroachment into a 15-foot required setback. 14. This property also has received a variance for the pool structure. But it's only for a corner -- my understanding, it's only for a corner right in this area. But that variance was in addition to, from the rear yard, also the side yard setback. But that was less of an encroachment. I don't have thc number right off the top of my head, but is less an encroachment than the number 18 family living unit here. COMMISSIONER KOLFLAT: But they were significant encroachments, both cases? MR. BROOKER: Well, I would certainly say hunily living unit 18 was significant, because it's an II-foot encroachment. Family living unit 14, it depends on what your definition of significant is. But it was in the single digits of feet of encroachment. It wasn't to the 10 or II area. COMMISSIONER KOLFLAT: Okay, I missed that. What are the land-related hardships involved in this case? MR. BROOKER: Well, the land-related hardships would be the fact that the property exists. The property is there. The best I can tell, the house was constructed prior to the Naples Bath and Tennis Club PUD being adopted. The PUD was adopted in 1981. The house reccived a permit to be built in 1979. I did not -- was unable to go back that far to find out exactly what dimensions were required back in '79. But the house was built where it was, allowing a certain amount of room left over for the pool, and the pool was built where it is. So from that perspective, I would suggest that those are the land hardships because ofthe existing structure, where the house was built initially. COMMISSIONER KOLFLA T: The intent of variances to alleviate a hardship inherent in a piece of land; personal hardships are not inherent in the land and cannot be considered to meet the hardship as contemplated by the LDC. You're not contemplating a personal hardship here then, you're contemplating that it's a land hardship, land related? MR. BROOKER: Well, perhaps both. And these are alln what you read is I think the introduction to the variance section. And those considerations are repeated later on in the Land Development Code for the factors to take under consideration. One factor is, is there any land hardship not created by the applicant. Another factor, is there any practical difficulty the applicant would face if the variance is not granted. So from that perspective I would say both; we're proceeding under both criteria. COMMISSIONER KOLFLA T: That's all I had, Mark. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Clay, could you please put that stack back on the ELMO there. MR. BROOKER: Which one? Page 26 16\ 1 41'S December 4,2008 COMMISSIONER WOLFLEY: The whole stack that you had there before you moved it. Now, could you take the top sheet off. I want to go back in history just a little bit. I saw something that caught my eye. What -- is this subdivision Marco Island? MR. BROOKER: No, it's not the Bald Eagle Drive in Marco Island. It is in Naples. COMMISSIONER WOLFLEY: Exactly. And I notice several of these documents said Marco Island, which made me think that maybe staff at the time may have been looking at some setbacks, even though it said 15, to suit Marco and not this particular development. I don't know but, I mean, I just looked at that and I went something's funny here. MR. BROOKER: Well, I can tell you that the permit number, although it's illegible here, the original you can actually read it, it matches up with the building permit application. And the name of the owner here is misspelled. Here it says Pullen, but the actual name of the owners were Pullmans. So we think it applies. Whether that's a source of the confusion, I can't answer that. COMMISSIONER WOLFLEY: Many, many years ago I helped a friend start a pool company as a salesperson, and I know how that goes. You know, so anyway, that's what made me think that it may not be -- something might not be accurate here. Thank you, that's it. CHA1RMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay, thank you, Clay. We'll have staff report. MR. BROOKER: Thank you. MS. DESELEM: Good morning. For the record, my name is Kay Deselem, and I'm a principal planner with zoning. And you have the staff report that was submitted to you dated December 4th at the bottom, and it goes into the information that's been presented. It talks about the requested action and the location of the project, the description which briefly tells you what has already been testified to now. It shows you the surrounding zoning and land uses. It tries to show you what was also provided in the aerial photographs. Actually shows some aerial photographs going back to 2001 as well, to show you some historic significance. And addresses the compo plan issue in that variances aren't normally addressed as part of the Growth Management Plan. It does provide an analysis of the findings that are required. And staff, without going into the details, unless you have questions, is recommending that this does meet the requirements of those findings. And we have provided responses to those. And we are recommending approval with the condition that recognizes the site plan. That's the only condition. It just ties the site plan that's been provided to the approval. And I don't have anything else. If you have any questions, I'd be happy to address them. CHAIRMAN STRAIN: Anybody have any questions of staff? Mr. Schiffer? COMMISSIONER SCHlFFER: Kay, did you check to see if the removal of the old screen enclosure was due to a code compliance issue? MS. DESELEM: I've been unable to determine why it was removed or how it was removed. I don't know. And I don't think the applicant's been able to find out either. COMMISSIONER SCHIFFER: And Commissioner Wolfley's point is good, this does show Marco Island. Did anybody ever check to see if that permit was for 540 Bald Eagle Drive on Marco? MS. DESELEM: There's been some confusion in other aspects of this, in fact in posting the sign, because staff had to post the sign. Because there was some discussion as to whether it's Bald Eagle Drive, Page 27 16 ~ 1 ~ December 4, 2008 Bald Eagle Road. And in fact, our code enforcement people, when they were first approached to post the sign said we can't post this, it's on Marco Island. So I can see where there's been confusion. Because it's the name of the road that's caused the confusion. COMMISSIONER SCHIFFER: Well, in this case, if you look what's up there, it's also the subdivision's Marco Island. So do you think by any chance the permits they're showing us are for Marco Island? MS. DESELEM: In actuality, no, I do not. I think it's just part of the same error that we've had because of the name of the road. Most people associate Bald Eagle Drive with Marco Island. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Okay, thank you, Kay. Is there any public speakers, Ray? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Clay, do you want to rebut any of the public speakers? MR. BROOKER: No, thank you. CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing and entertain a motion. COMMISSIONER VIGLIOTTI: l'll make a motion. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I recommend a motion to approve and send on to the BCC with our recommendation of approval. COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: Subject to staff stipulation? COMMISSIONER VIGLIOTTI: Yes, of course. CHAIRMAN STRAIN: Okay, motion made by Mr. Vigliotti and seconded by Mr. Wolfley. Discussion? (No rcsponse.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed -- are you opposed, Mr.-- COMMISSIONER KOLFLA T: No, I'm for, but I would like to make a statement. CHAIRMAN STRAIN: Oh. Okay, go right ahead. COMMISSIONER KOLFLAT: I'm going to vote for it, but one thing I want to put on the record was that granting variances after the fact most assuredly results in an adverse effect on the community, simply because with each variance granted casually, respect for the letter of the law erodes in ever larger increments. So I am concerned on our variances, we do review these, that we do not casually advance too far in Page 28 16 1 1 tt5 December 4, 2008 making approvals. But I'm voting for the motion. CHAIRMAN STRAIN: Thank you, sir. And just so you know, had this been a modern day PUD, most likely the setback and the property line would have been allowed to be zero. And we allow that routinely on this board. So they're not asking for anything more than what normally would have been given in a modern PUD. So I certainly don't have any objection to it, and I did vote in favor. So with that, we will end that one 8-0. Thank you. And we will take a break to 10:15. Thank you. (Recess. ) CHAIRMAN STRAIN: Okay, everybody, welcome back from the break. And I just noticed Mr. Bosi's in the audience. That means we're in trouble for something. I'm not sure what. Oh, boy. Item #9D PETlTlON: RZ-2008-AR-12930, COLLIER COUNTY COASTAL ZONE MANAGEMENT- BA YVIEW PARK BOAT LAUNCH Okay, lets go on. Next petition is Petition RZ-2008-AR-I293 I O. It's the Collier County Coastal Zone Management, which is really I think in this case Parks and Recreation in regards to the use of the Bayview Park property or some property in that neighborhood for boat launch, or boat trailer parking. All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Disclosures from the Planning Commission. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, Gary McAlpin called me, asked if! had any questions, and I didn't. CHAIRMAN STRAIN: Anybody else? (N 0 response.) CHAIRMAN STRAIN: I met with Laura and Gary. We went over quite a few issues. I met with Mr. Litow and a series of other citizens that are in that neighborhood, and we went over a lot of issues there too. And everything that I went over with all parties will be brought up here today, to the best of my knowledge. So, okay, Laura, it's all yours. MS. DeJOHN: Thank you. For the record, my name is Laura DeJohn, I'm a planner with Johnson Engineering, in Naples. I'm here today representing Collier County Coastal Zone Management Department, which is within the Public Services Division of Collier County. With me today is the Coastal Zone Management Director, Gary McAlpin. Also with me is an engineer from Johnson Engineering, Chris Hagen, to give any answers to engineering questions that you might have. We are here today requesting a rezone of 1.33 acres to community facility zoning. Your agenda did reference the rezone of2.I3 acres, and as a result of ongoing negotiations through the process, we've down-sized the area for rezone to 1.33 acres. You're all probably familiar with the location we're talking about. Bayview Park is actually within the City of Naples along South Naples Bay. It's been there approximately 25 years. Leading up to Bayview Park is Danford Street. Terminates with the entry into Bayview Park. Neighborhood of Naples Bayview subdivision. Lines the streets of Danford and Bay Street near Bayview Page 29 161 1 k5 December 4, 2008 Park. In the larger area you see that the context of this neighborhood is within some larger PUD approved developments, Windstar to the north, a residential PUD. The Naples Botanical Gardens is to the east. And then to the south, Hamilton Harbor commercial uses and Sable Bay residential and conservation uses as well. Zooming in to the site location, you'll see that the Coastal Zone Management Department owns property within the Naples Bayview subdivision. These -- like I said, there's approximately one acre of property proposed for overflow parking at the southeast comer of the subdivision, and a strip ofland proposed for a connector road within the subdivision as well. The property is zoned RMF-6 primarily. There's also C-3 zoning applied to the eastern portion of the site where it fronts now Hamilton Avenue. To give you the context of why this application is even before you, number one, Coastal Zone Management Department is tasked with providing safe access to the waterfront throughout Collier County through the provision of new facilities, as well as the improvement of existing tacilities. Back in 2003, the county issued a Boat and Beach Access Report that was approved by the county commission in May of2003, and that document was in your backup material. That report included inventory and analysis of the existing facilities and the needs for future improvements. Noted in that report were deficiencies in provision of access to particularly boat launch facilities. The facilities under county control were listed, including Caxambas, Cocohatchee, 95] boat ramp at Bayview Park. All of those facilities showed deficiencies of parking spaces based on the methodology used at the optimun1 number oflaunches per ramp lane; significant deficiencies in parking were shown. The findings of that report were, number one, that six -- relative to boat launching facilities, number one, six new boat lanes would be needed to accommodate the recreational boat owners in the county. Plus parking was found as one of the limiting factors at providing adequate level of service to boat launch facilities in the county. The recommendations included capital improvements. And one of those capital improvements was that the county should consider purchasing available residential lots along Danford Street to be used for overflow trailer parking. So subsequent to that 2003 report, the county went into action with capital improvements, including improvement plans that are now underway for the 95] boat ramp facility that would greatly increase the number of parking spaces there. There's a new Goodland boating park facility that's going through permitting that would provide two new boat launch lanes for the county -- for the public and the county, and adequately parked with 75 trailer spaces. Bayview Park is also subject to an improvement plan that's going through permitting. The existing two lanes and 16 trailer parking spaces at that facility are proposed to increasc to three lanes and an increase up to 40 trailer parking spaces on the Bayview Park site itself. That still leaves a deficit of 68 parking spaces, according to that methodology of optimum use of those proposed -- the proposed three launch lanes. The overflow parking areas have been purchased as a result of the directives of that boating report. The BCC approved in April of2004 that real estate incentives are allowed to aid the purchase of vacant and developed home sites to provide boat launch parking for Bayview Park. Between the years of2004 and up to 2008, the county has purchased ]5 total properties, 12 of which are within the Naples Bayview addition subdivision. The cost to the county thus far has been $2.6 million. Hopefully you can see on this exhibit, the red outlines of property are county owned property. Page 30 16 1 1 A5 December 4, 2008 Again, between the areas of Danford Street that leads to Bayview Park and Bay Street,just south of Danford, 12 parcels are now owned by Collier County for the purpose of providing overflow parking. To bring you up to date with what the need is -- how to justifY the need for additional parking at Bayview Parking. You can see that it continues to be a popular facility for boat launching. Trip counts were taken in October of this year. And a weekday average of 56 users, that's only measuring those vehicles that are a vehicle plus a boat trailer, using the park was 56 during weekday average and then Saturday and Sunday an average of 100 users frequent that park. Currently, as stated, there are two ramp lanes and 16 available trailer spaces on the site. Clearly there's a deficit. Even with improvement plans to go to three lanes in 40 over double the amount of spaces, there's still going to be an obvious deficit. The consequences of this high usage and not enough parking results in some road conditions around the neighborhood where overflow parking occurs on the neighborhood streets and as well as some conditions where overflow parking occurs along mangrove habitat. I have pictures of that to give you a better idea. These images show parking along approximately 400 feet of mangrove flanked Danford Street, as you approach Bayview Park. The boat -- the trailer parking usually lines up there on the weekends. Approximately 20 vehicles can be accommodated, lOon each side, and that's where historically the overflow parking occurs. It even occurs on now Hamilton Avenue. You can see in the bottom left-hand picture, that's Hamilton A venue where the vehicles line up as well. And pedestrians who park over half a mile away from the park itself, then make their way dO'Wll the streets that have no pedestrian facilities to get to the park at all times of day. This image is provided to give you a better idea of the constrained nature where the mangrove habitat exists at the end of Danford Street. Once the vehicles occupy the paved shoulder in that area, there's approximately 18 and a half feet remaining for two-way traffic, for emergency vehicle access or for pedestrians to occupy and move along Danford Street. This is substandard to a typical local street section where the county and emergency access vehicles require 20-foot unobstructed dimcnsion to move through a standard street. The result of this condition is shown in these pictures. If you look at picture number one, a westbound vehicle approaching the park stops once he reaches the constrained area where the parking occurs along the mangroves. He must stop to allow an outbound vehicle to pass through that constrained area. And number two shows how the outbound vehicle can then pass him. He then proceeds west to the park and basically along the center line of the road, because that's how that area is functioning now, due to the lack of adequate dimension. Of course a pedestrian in that case where I was taking the pictures has to wedge themselves between the parked vehicles. Environmental issues are raised by the current conditions as well. The county would like to alleviate by providing adequate off-street parking for these vehicles. These are images you could see almost any weekend where the boat -- the vehicles and trailers occupy the shoulder of Danford Street into the swale and the mangrove -- the wetland habitat and the mangroves along that street. There's more images of that. So how the county approached this issue was to develop a parking plan using the 12 properties they own between Danford and Bay Street. This original plan was the first submittal and that's why your agenda item described 2. I3 acres ofrezone. Page 3 1 16 I 1 ~S December 4, 2008 Due to neighborhood concerns at the first neighborhood meeting, the plan was adjusted to eliminate the parking that was in the central piece of property on this plan. That was done to address concerns that the neighborhood was being infiltrated with parking and it was taking the neighborhood character away. This still left the neighbors unsatisfied. And the final plan that's before you today and that went to the neighborhoods in our third neighborhood meeting is a plan that concentrates the parking in one location, the southeast corner of the subdivision fronting Hamilton Avenue where C-3 zoning already exists and would by right allow parking or up to 90 other uses commercial in nature. And then fronting Bay Street to the south. The connector road remains on this plan to improve the circulation of the vehicles to and from Bayview Park. Pedestrian plan was a critical part of this proposal. And a pedestrian plan is provided to accommodate those who walk back and forth once they drop their vehicles off and then need to retrieve them. A six-foot sidewalk will be provided where none exists now, connecting the parking areas to the park. An image of those proposed sidewalks are shown here. You kind of need to look from top to bottom. First an image of Bay Street is shown with an illustration of how sidewalks will be accommodated in the existing cross-section. At the request of transportation staff, we can provide bollards and guardrail for safety of those pedestrians. The image to the right is again that Danford section where vehicles occupy the shoulders currently. The goal would be to eliminate the parking in those locations and provide adequate pedestrian access as shown in the illustration. We can kind of summarize that the rezoning criteria have been fully addressed in the application and been well addressed by staff in the staff report. Almost all the rezoning criteria are met. The one variation we have with staff is that they find the request to be incompatible with the residential neighborhood. Specifically the incompatibility is defined in the staff report to say that public boat trailer parking and public boat launch access is inherently not compatible with residential uses. And we need to -- you know, I ask you to consider how compatibility is really judged. Of course, a same use next to a same use would be an easy way to define compatibility. This location, an urban location, is by nature going to have different uses next to each other. So I suggest that the defining of compatibility is more on how those different uses interface with one another. Granted, parking is not an equal use to a residential use. However, the proposed parking has been designed and structured to address compatibility on the levels of buffering, hours of operation, noise, odor, glare, dust. Those issues are the way that compatibility is demonstrated through the application. The application is also consistent on many levels of the Growth Management Plan, specifically the future land use element and the designation of the urban coastal fringe sub-district does allow for water dependent and water related uses due to the proximity to the water. The coastal high hazard area actually seeks to limit residential density and balance environmentally sensitive conservation areas that are sought to be protected in this proposal. The conservation and coastal management element policies are met in that the project does provide access to waterfront and protects sensitive habitat. The recreation open space element policies are met in that it improves public recreation facilities and provides accessibility to these facilities to the public of Collier County. The transportation element policies are met in that the project does provide for safe motorized and non-motorized travel, and given the condition that is unsafe now. And the capital improvement element is met, which specially states that the county shall support public access to waterways and expend funds in the coastal high hazard area, including for park and Page 32 16\ 1 kS Decem ber 4, 2008 recreation facilities. To summarize, the issues that we've tried to address through neighborhood meetings, we have held three neighborhood meetings. Being a small neighborhood with an established community there, there's been very vocal opposition to this proposed parking plan. We met on June Sth, 2008 with the original plan that I showed. July 10th again returned with an adjustment to the plan that, as I said, was not -- still not acceptable to the neighborhood. And finally, on September 30th the final plan went to the neighborhood. Improved buffering options went to the neighborhood. Some fencing was added. The issues primarily that we heard of safety, hours of operation, lighting and consolidating the parking to limit its impact on the neighborhood were all sought to be addressed. Example of the buffer plan that we provided is enhanced in -- along the Type D buffers along the right-of-way to provide up to six feet of opaque vegetation to limit views into the parking area. And all native vegetation is proposed. The Type B buffers that would go between the parking area and the residential neighbors would also be of course six feet in height and opaque, plus a vinyl coded fence is proposed, chain link fence is proposed for the -- to provide for the safety considerations. It was a request ofthe neighbors. We acknowledge that staff has recommended denial, like I said, based on the compatibility issue. Staff also listed conditions. Should the project be forwarded with a recommendation of approval, we could address each of those conditions maybe once we've moved through the procedure and see how you want to handle conditions, if you recommend approval. That concludes my presentation. CHAIRMAN STRAIN: Okay, thank you. Questions of the applicant? COMMISSIONER MORRAY: Okay. CHAIRMAN STRAIN: I was going to say, I've got a few hundred. Go ahead, Mr. Murray, after you. COMMISSIONER MURRAY: I don't have that many. CHAIRMAN STRAIN: I'm being a little facetious, but I have quite a few. COMMISSIONER MURRAY: Couple of things come to my mind. There is a question of safety for the boaters as well. These will be locked; these gates will be locked. Will egress -- in other words, is it possible for someone to come after hours in any fashion with a code or anything to be able to open up that gate to retrieve their trailer and to go and get their boat? Because if they're out in the water, that's not a good thing either. So is there egress, even though you have a time that you want to close the facility down? MS. DeJOHN: Right. Staff did recommend a locking gate to be secured. That was staff recommendation number five. We would suggest that a traffic actuated gate arm be installed so that an outgoing vehicle would activate the gate arm so they could exit. However, no entry would be allowed after hours. COMMISSIONER MURRAY: That's what I'm asking. And entry would be a manned gate, so to speak, or a man door. In order to take the vehicle out, you have to be able to get in. MS. DeJOHN: Well, a pedestrian would walk -- yeah. So pedestrian access would be provided. However, the vehicle access would be blocked going in and would be allowed going out. COMMISSIONER MURRAY: Okay, so let's make it: Ifit hadn't been considered, it probably ought to be considered to have a man gate, I call it a man gate, a pedestrian entry so -- so to allow the removal of the -- okay, tine. Page 33 161 lA--s December 4, 2008 When this is all -- assuming that it were complete, what then will stop people who will overflow the overflow from parking on Danford? MS. DeJOHN: Well, we've involved the Sheriffs Department in these discussions. The Sheriffs Department would like to be able to enforce traffic, you know, parking restrictions on those vehicles once adequate parking is provided, as demonstrated by the needs ofthis facility once adequate parking can be provided. We have a total of 40 spaces at the site and 39 off-site, a total of79 spaces. Then it would allow some more enforcement to occur on the road right-of-ways. COMMISSIONER MURRAY: I understand the principle. Is there a form of arithmetic that's used to calculate the total number of uses in a given day which would then represent the total tratlic that could be sustained and therefore the total overflow potential? MS. DeJOHN: Yes, there's a formula in that boating -- Boat and Beach Access study. According to the Florida Statewide Comprehensive Outdoor Recreation Planning Guide, there's a number of 36 launches per day that's assumed -- per lane -- per day per lane that's assumed to be the carrying capacity for a typical lane. So 36 is the ultimate. COMMISSIONER MURRAY: We have two lanes? MS. DeJOHN: Yes. Two-- COMMISSIONER MURRA Y: So we're at 72. MS. DeJOHN: Right, two currently, which would need 72 spaces. The proposal is to go to three lanes with an improvement plan that's still in permitting that would require 108. COMMISSIONER MURRAY: Wouldn't that then precipitate overflow on the street access, as opposed to where this is going to be accommodated? MS. DeJOHN: In that mathematical sense, there would still be a deficit, yes. But there would be at least a better provision of parking there, not such a gross deficit, that the provision of other facilities, like Goodland Boating Park coming online could also alleviate the need to launch at this facility. COMMISSIONER MURRAY: Okay. Going into another area, historically we have some data, I assume, that show us what nunlbers are generated during a typical weekday and during a typical weekend. Is it a fairly constant or is it sea~onal that we get a major overflow? MS. DeJOHN: Can you speak to that? MR. McALPIN: For the record, Gary McAlpin, Coastal Zone Management. We did traffic counts, and we -- the traffic counts were taken in October during a non-peak time. And there were 56 during weekend in terms of boat use -- week days in terms of boat users using the facility and 100 on the weekend. Now, wc expect that that traf1ic count is going to go up for a variety of reasons. One is we havcn't taken into account peak season and we haven't taken into account holidays either. And then also we haven't taken into account the increased uses as a result of the Hamilton Harbor development. They have a fueling facility there and they have other amenities there which will attract more users to this location. So we expect the usage of this park to continue to rise. This is one of our busiest parks, and it offers the quickest access to the Gulf. So this facility will continue to see increased uses as we move forward. COMMISSIONER MURRAY: I thank you for that information. I guess my problem will revolve around the notion that while there's a great effort and I respect this effort, it seems, you know, a desirable thing to try to accomplish. While this effort is going forward, while it may satisfY some, it would seem that it will precipitate other. And J'mjust -- I'm not against the theory of it, but I'm just wondering if we're a little too early with this process. If, and I make the assumption that there may be other parcels that ultimately may be secured, which would expand, if this is the final product that we expect for some time to come, then I just wonder how we can do the arithmetic and expect that we won't still have a problem on Danford. Page 34 1D~elber 4, loA'S MR. McALPIN: We looked at all the surrounding neighborhoods. We looked at if additional parking parcels could be acquired. We're boxed in in terms of conservation on a lot of the existing neighborhoods. So this offers us -- this neighborhood offers us the only solution that we could see at this point in time. Our intent would be that we are trying to solicit willing sellers. And as we are -- more willing sellers step up and as we can gain more critical mass, we would like to expand the parking in this area. So what we look at is this is a continuum. And the continuum may be extended over a period of time. If we get this rezone now, we have 39 off-trailer site parking. Five years from now we may have acquired enough to have another critical ma~s and then we would move toward rezoning that at that point in time. Ultimately our goal is to secure enough off-site parking to satisfY the needs of the park community. COMMISSIONER MURRAY: And J understood that. That seems implicit in it. And the question then arises, is there a suspicion that as a result of the introduction of these parking facilities that property values will rise or property values will fall? MR. McALPIN: Well, there's been a lot of discussion about whether property values will rise and property val -- or will fall. We have not addressed that in any of our analysis moving forward. What we're trying to do is to provide a safe amenity to the public. And we have a health and safety issue right now. We have a deficit for parking right now and we have clearly a demonstrated need with the facility that we have in place right now. So what we're trying to do is to solve those problems with this approach, sir. COMMISSIONER MURRAY: And J appreciate that. I would -- perhaps it's not your responsibility to do that, but [ would think a real effective analysis would have included the conditions that might be negative. But we have the public here, and if they're unhappy I'm sure they'll say something. Thank you. MR. McALPIN: Thank you. CHAIRMAN STRAIN: Any other questions? Mr. Midney? COMMISSIONER MlDNEY: My question is why didn't Parks and Rec. consider the parking needs of this park, of Bayview Park, at the time that it was planned') MS. DeJOHN: Bayview Park dates back to about 198 I. And I think over time the increasing demand and population growth and recreational boater use has generated an increase in demand over time. The original plans, a typical LDC parking requirement for a boat launch is 10 spaces per boat launch lane. So there's a disconnect between how these parks have actually developed to be very popular and being used versus the kind of county standard and parking standard that goes along with them. COMMISSIONER MIDNEY: So you're saying that at the time the park was established, it did comply with the parking standards? MS. DeJOHN: Well, it's actually in the City of Naples. The City of Naples doesn't have exact-- doesn't enumerate requirements for boat launch lanes in their code. I used the Collier County example as a point of reference that typically 10 spaces per lane is required. The county -- the city executed the development plan approvals for Bayview Park and it was built according to plan. MR. McALPIN: If! may, one thing [would like to add to that is as our population continues to grow, we see more boat usage. We typically -- up to 2000, our boat usage, registered vessels within the county grew at 1,000 per year. From 2000 to 2006 it grew at approximately SOO per year. During that period of time you saw a lot ofthe public facilities close down. And certainly with environmental regulations and Page 35 le~mL 4, 20l kS zoning issues we have approximately 9,000 wet/dry docks. So the balance -- and we have approximately 24,000 boat users right now, a little bit more than that, boat users within Collier County. So the balance of those users is increasing. And then the way they have access to the water is through our boat park facilities. So that's what we're trying to accommodate right now. We know that this facility is at a deficit from a parking point of view currently as we stand. COMMISSIONER MlDNEY: It just seems as though that there was not good planning when they designed the park, that they didn't include enough parking spaces at the time. MR. McALPIN: The park was designed in the Fifties, and I think that it's -- it would have been difficult to see the current growth that we've experienccd, the economic conditions that we've experienced, the shut down public access to the waterway and the need for boater access. We are trying to move towards the direction of the county commission to provide more access to the waterways. COMMISSIONER MlDNEY: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. Laura, there's restrooms at the boat launch, correct? MS. DeJOHN: Correct. COMMISSIONER SCHIFFER: What is the C-3? Have you researchcd why that exists there isolated like that? MS. DeJOHN: I don't know how the C-3 came about, no. COMMISSIONER SCHIFFER: Okay. And the shared easement, the intent there is that the property owner to the south of that area would like to also have access to that. Wouldn't that not present a problem when you start gating that entrance? MS. DeJOHN: We would have to negotiate those terms. The conceptual idea of an easement agreement has been reached, but we do not have all the formal details arranged with the adjacent property owner. COMMISSIONER SCHIFFER: Is it his intent to do commercial development on that site; do you know? MS. DeJOHN: Do you know? MR. McALPIN: The property owner is Hamilton Harbor, and Hamilton Harbor is holding that lot for the future. They're not quite sure what they want to do with it at this point in time. So we'll continue to work with Hamilton Harbor on joint access. COMMISSIONER SCHIFFER: Do they own the lot to the north? MR. McALPIN: No, they do not. That's owned by a private individual. COMMISSIONER SCHIFFER: And it's not a commercial use at this time, right? MR. McALPIN: It is not in commercial use at this point in time, yes. COMMISSIONER SCHIFFER: And Laura, can you show me the landscape elevation from the neighbors to the north? Which one is it? MS. DeJOHN: It would be the lower elevation, Type B. COMMISSIONER SCHIFFER: Okay. And there is a concern about a wall in that buffer. What's your thoughts on that? MS. DeJOHN: The county staff has interpreted the fence and wall section to apply to community facility zoning adjacent to residential. The -- we contend that that should not be applicable to community facility zoning, because the section of the code regarding that is under commercial and industrial zoning districts. So we've suggested that the fence is an adequate structure between the two properties. Do you want me to reference the exact section of the code? COMMISSIONER SCHIFFER: No, no. Actually, what I really want, what do you think in your professional judgment would make the best Page 36 1611JtS December 4, 2008 buffer between the residences and that -- MS. DeJOHN: Right, the fence would make the better buffer between the residences and this facility. Because the wall-- by trying to soften the edge and minimize the impact on neighbors, a wall is, you know, like was brought up this morning with the sign, a wall is much more of an imposition visually along the property line. COMMISSIONER SCHIFFER: And when you say fence, what are you describing, a chain link fence? MS. DeJOHN: Yes. COMMISSIONER SCHIFFER: With vegetation around it so hopefully it becomes like an armature for the vegetation? MS. DeJOHN: Correct, it wouldn't be visible necessarily. COMMISSIONER SCHIFFER: On the site plan you located away from the neighbors property line; isn't that right? It appears to be up against the edge ofthe -- MS. DeJOHN: Right. COMMISSIONER SCHIFFER: Would the neighbor who was fencing their backyard be able -- what would they do there? They'd have to run a fence across their rear property line then, wouldn't they? If, for example, let's say they wanted to fence in their yard for a dog or something, they would not be able to count on that fence where it's located, right? MS. DeJOHN: Right. ]be only reason for that fence location was the existence of a utility easement that runs between those properties. So the fence was shown to have the least obstruction to the utility easement, which was closest to the parking area as it's shown there. COMMISSIONER SCHIFFER: And then the last question: Do you think you'd be able to adjust this site plan -- not number, but move things left and right -- to try to get better islands in the center of the thing such that you could put bigger trees in the center of the parking? MS. DeJOHN: We can make adjustments that maintain the number of spaces. COMMISSIONER SCHIFFER: Right, just slide them a little bit each way to make sure that -- the goal being to get as much area into the island as you can to put as big a tree as you can. And that might help soften the transition to Hamilton Harbor from these backyards to have large -- MS. DeJOHN: More trees. COMMISSIONER SCHIFFER: -- trees and -- yeah. All right, thank you. CHAIRMAN STRAIN: Any other questions of the applicant? Mr. Kolflat? COMMISSIONER KOLFLA T: In making your projections of usage as far as the boats and the parking, do you consider that boats that are going to possibly be built and go to slips in the county at the same time, or look at just boat ramp traffic? In other words, we have the county water access with building a slip, in-water slip, those boats all use the same water that the boats could come down on the cars do, on the trailers do. And I want to make any projections if you crank any factor for that and what that loaning (sic) will be and that will relate to you. MS. DeJOHN: There is a -- can you speak to that? I think there is a factor for that. MR. McALPIN: When we look at typical usagc of our boat park, it is based on the capacity of the lanes. And then what we can do from a manatee protection program point of view -- and that's typically the criteria that we use. We do have at this facility, we have a fixed dock and we have a floating dock. But typically those are going to be used for aftcr an individual launches his boat to tie up against. So to then load and unload material, children, whatever. So we don't anticipate any rental of wet slips at this location whatsoever. Page 37 16' 1 As December 4, 2008 I don't know if that answers your question, sir. COMMISSIONER KOLFLA T: No, but you're projecting in the future that what is going to be a demand for more boat launch area, because the boat population is increasing as far as people interested in boating. That's covering the type of boats that come down on the ramp like you have here. MR. McALPIN: Right. COMMISSIONER KOLFLAT: But in addition to that in the county, there is people building slips to moor their boats in the water. Now, if the number of slips that they were going to build would double their projections there might be for the future, would that have a negative effect on the number of ramps that you might need or vice versa? MR. McALPIN: The projection that we're using for additional wet/dry slips in the county is 120 a year. And typically in the past it's averaged 180 a year. But we've ratcheted that back down because ofthe environmental considerations, the cost ofland, a lot of the access and the good spaces, the easy spaces have been already taken up. So we see it much more difficult to deal with wet slips as we move forward. When we look at our projection -- and we're updating our beach and boat master plan right now -- we continue to have a deficit in terms of parking, in terms of launch sites moving forward of at least one to two a year, and we have a significant deficit on parking for boat trailers. So we factored it into our overall long-term plan for the next 10 years and there's still definitely a deficit moving forward. COMMISSIONER KOLFLA T: But you don't account tor anything as far as slips that would be built on private property? MR. McALPIN: We do. We do. When we do the master plan, when we have done the master plan and we look at the total growth of boats throughout the county, it's in the range right now of about 24,000 -- registered vessels in the county, 24,700, thereabouts, okay. We have approximately 9,000 wet and dry slips, of which that will grow at about, we're projecting, 120 per year. So when we take the difference betwcen those two numbers, then the balance of that goes to the facilities we have to provide for boat launch facilities. And on average there's -- per boat, there's 20 launches per year. So that's how we figure out the capacity of our boat launch facilities throughout the county. We compare them to population projections and we see what the deficit is, sir. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Are there any other questions of staff -- or the applicant at this time? (No response.) CHAIRMAN STRAIN: Laura, let's start with the plan you have -- well, first of all a statement you made earlier. I need to understand the legal reasoning behind your statement. You said that in response to Mr. Murray's concern about additional off-strcet parking, even aller you get done creating possibly 39 spaces. Then you said enforcement can occur after there are adequate spaces. Why is the Sheriffs Department limited to enforcing the law after someone, who knows, maybe a deputy in the field or a person walking by determines there are adequate spaces? MS. DeJOHN: Unfortunately the Sheriffs Office isn't here to respond to that. CHAIRMAN STRAIN: But you did, so I want to understand why you responded that way. MS. DeJOHN: I was relaying the information provided by the Sheriffs Office. CHAIRMAN STRAIN: So the Sheriffs Office said they can't enforce the laws until someone tells them that therc aren't adequate alternatives to the ovcrflow. MS. DeJOHN: There -- they've allowed the parking to occur on that section of Danford for years, Page 38 1 ~tLber4,l08 ftS and there's no trigger to have them start ticketing those vehicles at this time. CHAIRMAN STRAIN: I'm not asking them to start ticketing, I'm asking them to enforce the law. And if there is a law on the books that allows them that discretion, I think that's okay, ifthat's what it is. I just want to know that it is. And I'm wondering who on county staff can respond to this in the future and let us know at a future follow-up meeting. MR. KLATZKOW: I think the question is really best directed to the Sheriffs Department. CHAIRMAN STRAIN: Well, they're not here. MR. KLATZKOW: I understand. CHAIRMAN STRAIN: Okay, that will be an open question. I guess SheriffRambosk, when he-- yeah, J.D., do you have an answer? MR. MOSS: For the record, John-David Moss, Department of Zoning and Land Development Review. I recall this question being posed at the neighborhood information meeting when the sheriff was there. And he said that the only reason they weren't ticketing is because they never had any complaints. But if people started to complain, they would certainly ticket, because that is the law. CHAIRMAN STRAIN: And I'm not encouraging them to go out and ticket, I just want the statement for the record clear. If they're not enforcing the law, then they need to have a good reason for not enforcing it. And if it's because they haven't got complaints and the neighborhood doesn't mind at this point, then that's fine, too. MR. MOSS: He conceded that was the only reason they weren't ticketing, because no one had complained. CHAIRMAN STRAIN: So then even if the 39 spaces were created and there was overflow parking, it still doesn't necessarily mean it would be ticketed or stopped. MS. DeJOHN: Unless the traffic safety condition, you know, encouraged the sheriff that it was an appropriate thing to stop. Because there's not adequate dimension for two-way traffic down that street. CHAIRMAN STRAIN: Would the parking of the overflow along Danford with the 39 spaces in place, say it still needed it, would it be any safer then that you believe it is -- to now? If not, then you have just done the same thing again, you've interjected a criteria that I don't know how anybody could adequately understand it. Who makes that decision that it's safe now but not safe when it's done because 39 spaces are there? So I don't -- MS. DeJOHN: I don't make that decision. CHAIRMAN STRAIN: -- follow your reasoning on that issue. MR. McALPIN: If! may, Mr. Chair? CHAIRMAN STRAIN: Go ahead. MR. McALPIN: Thank you. The parking on Danford as we move forward doesn't meet county standards. Okay, we have parking on both sides of the road, it doesn't meet county standards, it's substandard parking, there's no pedestrian access and there's -- emergency vehicles cannot use that road or it would be a hinder to that road. The Sheriffs Department, my recollection from the conversation with the Sheriffs Department, and we certainly can get this revolved with the Sheriffs Department, was that they would not ticket until adequate parking was available. And that is the basis that we are moving forward with. But in any event, we do have a substandard condition as we move down Danford Street. It is not per our ordinance, and we cannot continue to allow parking on both sides of the road there, even from an environmental point of view where we're in the mangroves. Thank you. CHAIRMAN STRAIN: Well, I'm still not clear on this issue of why it's illegal after the parking's Page 39 ~e~Jer 4, 218 ~S put in place versus why it may not be now. I don't think that the Sheriffs Department's response was legally justified or is legally balanced, so that needs to be cleared up. But let's talk about environmental issues. Danford -- could you put that cut on showing the parking on Danford Street? The colored one. Well, you just passed one of them. Okay, that's one of them. Now could you put the road section cuts you had on there earlier, showing the section of Danford? MS. DeJOHN: It's going to take a minute. CHAIRMAN STRAIN: There were two, one on top, one on bottom. MS. DeJOHN: Yeah, I'm going there, it just takes a minute to -- CHAIRMAN STRAIN: That's fine, right there. Where is it on this particular plan that those cars are parked? MS. DeJOHN: The five-foot, four-inch paved striped shoulder-- CHAIRMAN STRAIN: Okay, and the right-of-way-- MS. DeJOHN: -- into the limerock shoulder. CHAIRMAN STRAIN: Right. And the right-of-way is 60 feet, right? MS. DeJOHN: Correct. CHAIRMAN STRAIN: So that means you have six feet oflime rock and eight feet -- five feet, eight-inch ditch, and then something outside the ditch before you reach the outside of that right-of-way. And the mangroves are where, in the right-of-way? MS. DeJOHN : Yes, they're hovering over the ditch. CHAIRMAN STRAIN: So if we wanted to go in and widen that road, we would take the mangroves out. It's in our right-of-way. I'm just wondering why the mangroves that are in a road right-of-way all of a sudden become an environmental flag for someone to make an argument on. I don't see it. And that's my point in trying to point out that these cars are parking on areas that are improved or in areas that could be used for road right-of-way. So I'm not sure the environmental argument is as good of an argument as you believe it is as far as being detrimental. Could you put on the site plan again, please. The one that's real. There you go. I use Bayview Park. I've been in this community over 30 years, and I've used Bayview from early days. I've seen it change. And I go there quite frequently. It's a great park to get quick access to the beach -- or to the Gulf, actually. I've never had to park in the overflow outside the park. I've always parked in the space, I've never found that to be a problem. Maybe because I get up early. But when I come down the road, I go down Danford Street, I launch my boat and I park my trailer. If! were to park in the overflow, I'd drive out to the overflow and park it there. Now what you would have is you'd come down Danford Street, launch your boat, drive down Danford Street to get back to Hamilton Ave. to get back to 39 spaces, drive out of the 39 spaces and either go up the new road you're proposing or left on Hamilton and back down Danford. And after you pull your boat out you go back down Danford. Has Danford got sidewalks down both sides of it? MS. DeJOHN: No. CHAIRMAN STRAIN: So that means the boat traffic and trailers -- and you've shown some pretty wide boats -- would actually increase on Danford Street. He just told you to say no. So do you want to explain to me why he told you that? MS. DeJOHN: No, I'm trying to follow your logic. Currently Danford is the primary access for the Page 40 161 1 December 4, 2008 f\S Bayview boat launch facility. CHAIRMAN STRAIN: Right. MS. DeJOHN: When vehicles either park in the Bayview Park itself or along the mangroves or along Hamilton A venue, there's differing trips being made there. So -- CHAIRMAN STRAIN: Well, the most logical is the straight line. You're going to go straight so you can avoid with a trailer on the back making as many turns as you possibly can to expect people to go down that connection street with one right, then a left, then go back down Hamilton, make a left, make another left to get back in the parking lot is far more complex than just driving down Danford, making a right, then a right and you're in. Rights are a lot easier to make with a boat trailer than a left. I am concerned that the traffic pattern here would increase problems, not decrease problems in that regard. MR. McALPIN: Mr. Chair, if[ may -- CHAIRMAN STRAIN: Yes. MR. McALPIN: -- if we look at the connecting road right in through there, the connecting road will alleviate traffic on this portion of Danford Street right in through here. Currently all the traffic on Danford comes in through this way, comes through the park and comes back out. If we have the overflow of parking at this point in time with the connecting road, it gives us the ability to have parking that come that would use Bay Street and eliminate this portion of Danford right in through there. So our contention is that as a result of putting in this parking -- this cross-through street right through here, it would eliminate and solve some ofthe traffic problems on this portion of Danford. CHAIRMAN STRAIN: Do you have a boat on a trailer? MR. McALPIN: I do, sir. CHAIRMAN STRAIN: Have you used it on Bayview Park? MR. McALPIN: No, sir, I have not. CHAIRMAN STRAIN: Okay, thank you. The landscape buffer that you showed, Laura, could you put that back up, please. On that bottom one, the six feet, where does that start at FEMA-wise? MS. DeJOHN: It was existing grade. CHAIRMAN STRAIN: Existing grade FEMA-wise. What's your survey show? MS. DeJOHN: It's in the range of three feet. 'Three to five. CHAIRMAN STRAIN: Well, let's say five feet. So at six feet you'd be II feet at the best with your hedge and your chain link fence. Do you know what the FEMA is for habitable structure in that area? MS. DeJOHN: It's high. CHAIRMAN STRAIN: Right. So do you know what the neighbors will be looking over? The six-foot hedge. Because they're going to be starting at probably II or above. And that means their homes are higher than the hedge and -- the wall you're putting in. I've been down there. I've been in some of thc homes so I know that to be a fact. And that's why I don't see the compatibility issue being accomplished by a hedge that's below the level of the homes adjacent to it. MS. DeJOHN: That's why the trees were provided, to add to that blocking of the views. CHAIRMAN STRAIN: Yeah, I see the spacing. The property that you're talking about using as a parking lot, aren't there two homes there C.O.'d, occupy-able (sic) if they wanted to be or may have been at one time? Page 41 161 1 kS December 4, 2008 MS. DeJOHN: There are two homes, I believe. CHAIRMAN STRAIN: Is that development? I'd say they're developed, would you not? MS. DeJOHN: Yes. CHAIRMAN STRAIN: When I met with you, Mr. McAlpin, I mentioned to you, why didn't you utilize the 15 spaces at Hamilton Harbor, and you didn't know what I was talking about or what I was referring to. And I said, well, it's in the staff report. And you had a staffreport and I pointed it out to you. And at the time we met, you didn't have an explanation as to what that was about. I believe you since have found out that Hamilton Harbor at one time had a requirement for 15 spaces, and at some point the county gave its authority over to the City of Naples to negotiate with Hamilton Harbor on parameters involving their facility, and the 15 spaces have disappeared as accessible to this community. Is that a fair statement? MR. McALPIN: That is correct. They originally had an agreement in '99 that -- and we entered into an interlocal agreement with the City of Naples that City of Naples would work on the county's behalf, represent the county. Subsequent, in April, 2000 another agreement was -- the original agreement was struck. Another agreement was entered into with City of Naples and Hamilton Harbor and the 15 spaces for whatever reason were eliminated, Mr. Chair. CHAIRMAN STRAIN: Who in your department was in those meetings and helped with that -- MR. McALPIN: I can't comment at that point in time, Mr. Chair. CHAIRMAN STRAIN: Okay. That will be my questions until we get through staff. MR. McALPIN: Thank you. CHAIRMAN STRAIN: Anybody else have any questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: Okay, would staff like to make their presentation? MR. MOSS: Thank you. For the record, John-David Moss, Department of Zoning and Land Development Review. At noted in the Comprehensive Planning portion of the staffreport, comprehensive planning staff found the project to be consistent with the majority of the provisions in the comprehensive plan. However, they left the determination of the project's consistency with future land use element Policy 5.4, and the recreation and open space element Policy 1.31, which deal with compatibility, up to the determination of Zoning and Land Development Rcview staff. Staff looked at these provisions and found the project to be inconsistent with them. Staff also found the project to be inconsistent with the Land Development Code which had analyzed the provisions in Subsection 10.03.05. (1)(2), which begin on Page 7 of the staffreport. Staff has also received 19 letters of objection from 16 different property owners. Two of these letters were received after the packages had been distributed to you. So I gave them to you this morning; you should have found them on your desk. I also received this morning two petitions of objection to the project from two different residents of the community. Staff is recommending denial of this project. As noted in the Boat and Beach Access Report that was attached to the staff report, 56 spaces were requested or determined to be needed for Bayview Park, 40 of which are going to be provided on the park side itself after the renovations are complete. Therefore, in staffs opinion, the 16 spaces that are the shortfall should be provided in the C- 3 zoned portion of the neighborhood, which would not require any sort ofrezoning action, and especially not the 39 spaces that the applicant is requesting today. Staffalso feels that if this petition were approved, it would just be a snowball effect, like Mr. Page 42 Murray pointed out and Commissioner Strain followed on. At some point these parking spaces are going to get filled up. The location of this park makes it extremely popular; it's one of the closest ones to the city. And staff feels that if this is approved, this parking lot's going to get filled up too and we're going to have more parking on the street. So it's really more of an enforcement issue. However, if the Planning Commission is going to recommend approval, staff recommends that it does so subject to the conditions that are stipulated in the staffreport. And to address your question earlier, Commissioner Schiffer, about the wall, it is a requirement of the LDC that a wall be located between residential and nonresidential development. Mrs. DeJohn is absol utely correct, in the current LDC it shows this requirement to not be required for community facility zoning, but that's only a mistake. When the new code wa~ created, the section before it was inadvertently merged with it. If you look in the old code, it's very clear that any development that is non-commercial -- or excuse me, that is nonresidential abutting a residential should have a wall located there. December 4, 2008 16 'IAS And I'll be happy to answer any questions you might have. CHAIRMAN STRAIN: Any questions of staff at this time? COMMISSIONER SCHIFFER: Just one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: You know, and John-David, I'm having trouble with the logic of what you're saying, that if we build this facility and then it fills up, people are going to be out in the street again. Doesn't that demonstrate to you that there's a need? I mean -- MR. MOSS: There's absolutely a need. Like I said, it's in -- and Mr. McAlpin said, it's the most popular boat launch because it's closest to the city. But this neighborhood just isn't right for redevelopment. It's not ready for this sort of thing, in staffs opinion. And people are going to continue to come to it. There's no doubt that there's a need for boat launch facilities in the park -- or in the county, but locating them at this park doesn't seem like a good idea. COMMISSIONER SCHIFFER: And then the wall. So you're totally against the concept of an open fence. Do you think the neighbors would rather have a wall than an open fence, just due to the ventilation, stuff like that? MR. MOSS: Actually, I think I recall one of the neighbors saying that they would prefer a fence. But nevertheless, the LDC requires a wall. And so that's why staff has taken the position that it's taken. COMMISSIONER SCHIFFER: Do you have any way to show us the old and the new code? MR. MOSS: Oh, I don't have a copy of that -- oh, I might have a copy of that with me in my file, if you give me a minute to look for it. COMMISSIONER SCHIFFER: Yeah, move on. If you get a chance, find that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, relative to that, the fence and -- the question was raised about FEMA. And how much does flooding occur; do we know? And if flooding occurs certainly during a hurricane or a storm, the kind of botanicals we're talking about putting in there certainly have to be salt resistant, wouldn't you think? I mean, I'm worried about it with a fence, all well and good to put something in, it looks pretty initially or it will grow in to look well, you know, nice in a short time. But it can also die off. Did we take it into consideration if we're going to advocate a fence whether or not that's something that's going to be maintained effectively with the type of plants -- MR. MOSS: Well, I do know that one of the commitments they've made is to provide all native Page 43 species, so they would have the greatest chance of survival of any plantings. But I don't know if flooding occurs regularly in that neighborhood. This project wasn't reviewed by our stormwater engineering department, so I don't know what the flooding situation is like there. COMMISSIONER MURRAY: Maybe we'll hear from the people that live there. Thank you. CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Okay, thank you. Ray, are there public speakers? MR. BELLOWS: Yes, we have four speakers. CHAIRMAN STRAIN: Okay, everybody, as you come up, we need you to identifY yourself for the record, and use either podium you'd like. We ask that you try to limit your discussion to five minutes. That isn't an adhered to rule, but just as a courtesy. Thank you. MR. BELLOWS: Okay, the first speaker is David Kramer, to be followed by Philip Litow. MR. KRAMER: David Kramer, and I've lived at 1870 Danford Street for over 30 years. I'm not only speaking for myself, I'm speaking for four of the neighbors that are seasonal visitors. They've asked me to convey their things to you. We've had letters from them. And I want to state this, too, that when this thing originally started in 2003, we were given letters and told that the county wanted to buy up the property. Now, as far as I know, the only property that has been bought up has been from a developer, from vacant landowners and one duplex from a non-resident owner. None of the property owners on the street have sold. As far as I can say, if a vote was taken by the residents of this street and even the properties on the north side of the street that nobody wants to take, everyone is against it. We feel that if you want parking down there, there is space adjacent to the park. We understand there's mangroves there, and that it is a problem to have mangroves taken out. But we also were told that with a lot of hard work, it can be done, and the parking could be done by the park where it would be needed, not a block away from the park, five or 600 feet. We also feel that rezoning for parking is basically spot zoning. What it does, it's a back door eminent domain. It lowers the value of our property when the parking is there, and it gives the county a chance to purchase more property from people that get tired of having parking there. I've lived on that street for a long time. When I lived there, I mean, the boats that came down there in a week weren't as many as come down on a Monday now. And I understand the need for boat parking and facilities, but if they would have done this and said, hey, in 2003 we want to buy this up, but it's maybe a 50-year plan when we can get it out of there. There's a neighbor down the street that bought a lot from me that's putting a $400,000 home on it. Now, I mean, does he want a parking lot around him? No. I mean, he's not here because he's on the East Coast. His home should be finished by the end of this month or the first of next month. I just thank you for your time and hope that you'll vote against this. Thank you. COMMISSIONER MURRA Y: Sir, could I have a question? CHAIRMAN STRAIN: Thank you. There's a question from Commissioner Murray. COMMISSIONER MURRA Y: Sir, you've lived there for 30 years. Does the area there flood? MR. KRAMER: Occasionally. The water comes up -- I have been flooded once in the 30 years that I've got maybe an inch of water in my bedroom. COMMISSIONER MURRAY: Is that freshwater flood or is that saltwater? MR. KRAMER: No, that was saltwater intrusion from Tropical Storm Gabriel. COMMISSIONER MURRAY: Okay, so that is a potential then. December 4, 2008 161 l-AS Page 44 MR. KRAMER: Oh, yes, definitely. COMMISSIONER MURRAY: One of the reasons why the homes have to be built out. MR. KRAMER: The new ones, yes. I've been in there -- I'm probably one of the lowest ones down there. There's one other home on the street that I know that is flooded constantly. When they get the high tides, sometimes the nip tides when the moon and everything is lined right. But other than that, most of them don't flood. COMMISSIONER MURRA Y: Thank you, sir. MR. KRAMER: Thank you. CHAIRMAN STRAIN: Okay, next speaker, please. MR. BELLOWS: Philip Litow, to be followed by Janet (sic) Phillips. MR. LITOW: Good morning. My name is Philip Litow. I live at 1970 Danford Street. We have a nice, elean, quiet neighborhood there, even though boats on trailers go down the street. It's our opinion that if a nice actually resurgent neighborhood with new homes going up -- as Mr. Kramer just said, there's a 3,400 square foot home going up that will be completed in a month. Several new homes have gone up in the last few years. When this process started, it was a little bit different. We can understand the need for boat ramps and for boat parking; however, if there is such a great need, a real public need to ruin a neighborhood, we feel this would do. Because in spite of how they would try to enforce everything, they're going to be things falling off of trailers in a parking lot right behind my house. If they have to put up lights, we're going to have glaring light at night instead of night. There's going to be sound. Regardless of any kind of barriers they put up to block the view, there's still going to be sound of trailers going in and out, fumes from trucks, so forth and so on. There's not enough need here to invoke eminent domain. This is not such a serious thing. So therefore, there has to be an extremely serious problem. Is there a problem? Yes. But it's almost always only on the weekends. I would rather dispute the 56 average daily use of this park during the five week days. I would invite you to go there this afternoon when you leave here and see how many cars are parked along the mangroves there. At most, in an average weekday, it's five or six. And that's even with some empty spots inside. On the weekends there's a problem. But for five days out of the week there is no problem. To chop up a neighborhood like this, it's a rather Draconian solution to which mostly is a non-problem. It just doesn't exist five days a week. And if to the extent that it does exist, the plans to increase the parking within the park from 16 to 40 will take care of almost all of that. Now, over the course of time things may change, things may get worse. We feel that the parking along Danford Street, first of all, there are no problems there, there are no safety issues. And even on what used to be Fern and Hamilton, the sheriffs said there are almost no complaints, so they don't ticket. It's not a problem. So this is just trying to, we feel, force our -- force us to try to sell out, which is what the Parks and Recreation Department has wanted us to do. I can't imagine them feeling that our property values are going to increase by putting a parking lot behind. And our elevation to build had to be at least 10 feet. So a six-foot wall is going to do nothing to block the view behind us. And certainly, if they do put lights in there at all, and people will be coming in at night to get their boats out, you know, it's going to -- it's going to ruin the character of our neighborhood. There are kids in the neighborhood, you're going to have more cars and trailers going up Bay Street. You know, again, I would dispute the 56 daily going there. I walk my dog down to but not into the December 4, 2008 161 1 10 Page 45 December 4, 2008 16 I 1 A'!:J park every day. There's no problem, there's no pedestrian problem there. You could park -- you could pave over perhaps, with very little impingement on the mangroves, that's 20 to 21 spots along the side, plus the 24 that would be included -- or the total of 40 plus 21 along the side is 61 spots. And that would be a better solution than chopping up the neighborhood and ruining it and ruining the quality oflife. After hours, if pedestrians can get in there to get their boats out, things are going to happen. If people can walk into an unsupervised park, things are going to be dropped, there'll be garbage. Things fall off of trucks now, and off of boats. It will attract vermin. You know, there are kids living adjacent to this. That's -- and 1 think that the alternative solutions should be examined rather than chopping up our neighborhood. Thank you for your time. CHAIRMAN STRAIN: Thank you, sir. Next speaker, please. MR. BELLOWS: Janet (sic) Phillips, followed by Douglas Shaw. MS. PHILLIPS: Hello. My name is Janette Phillips. I appreciate your board and your consideration and the freedom of America that we have freedom of speech. And we would greatly appreciate you considering this. 1 live -- when you got on Exhibit B, and the road that goes between Danford and Bay, I live right there on the comer, very close to the road that is supposed to be put there. Now, this is a very -- 1 see a traffic hazard problem, just accidents waiting to happen going in and out and in and out. 1 don't see how, if you've got one going here and one coming here, the comer, I don't see how there's enough room for big boats and trailers to turn there in the first place. And the problem is not in the neighborhood that -- the closing of the park. It's -- we don't mind the park being opened. The park is not being used by children. And we would appreciate your consideration in getting rid of the park. Now, you give the Hamilton Harbor permission to cut down the mangroves, but our problem was here before them. And the mangroves can be pulled up and planted somewhere else. And I'm like the fellow, that you're separating the park in front of the park (sic). And the closer the parking lot is to the park, the better off, than doing this to the neighborhood. And the guardrails. That is going to be very ugly in front of our house, to put up guardrails. And you're doing more on Bay Street and, you know, just tearing up our neighborhood in Bay Street. I've been there 3 I years, and I don't plan to sell. And we really would appreciate -- I would recommend that you do the mangroves or on Ilamilton Avenue widen the street. Don't tear down the new houses that you've -- they're brand new houses. Take the money and widen Hamilton Avenue and let the trailers on the weekend or the holidays park on the road. And if you just widen it, then there would not be no problem. And still, we don't -- there's nobody in our neighborhood's complaining about the boats and the trailers. We understand. And we've never had a problem. And to my knowledge, there's not any wrecks or anything. But you do all of this, and it's just accidents. I just see accidents just ready to happen. And trash, if you're going up and down on Bay Street, there's going to be things thrown in our ditches, it's going to stop up our pipes, unless you cover it and -- the pipes underground. It's just so many problems that I see better than, making the park and the mangroves and planting them somewhere else, or widening Hamilton A venue where they can park there. I appreciate my time that you listen to me, and God bless you. CHAIRMAN STRAIN: Thank you, ma'am. Next speaker, please. Page 46 MR. BELLOWS: Final speaker, Douglas Shaw. MR. SHAW: Good morning. My name is Doug Shaw. I live at 1781 Danford Street, which is about three or four houses from the mangroves, which would be on the north side of Danford. And I've lived there for about 12 years. The boat traftic and my family, it's never bothered us. Actually, it's kind of neat to see people want to go out and go boating and have a great time. The problem I'm having with these people wanting to rezone is the area that they have already, now the people are parking in, as you brought up, Mr. Strain, was the deal with people parking off to the edge of the road. The only reason people stop if there's somebody parked on either edge ofthe road is because they don't want to move over to the edge. The width of the road is the normal width that it should be for people coming and going to the park. The only reason they stop is because they're not assured of themselves as they need to be whenever they're driving down the road between the yellow line and the white line, because it's the same width as it is on every other road that they drive on. So I've never seen that be an issue to where somebody has to drive out and around to get over off the edge or drive out in the middle of somebody else's lane, other than they just don't want to stay in their path. As for the parking areas that they have, the C- 3 zoning on the end of Danford and now Hamilton, that property has been for sale for a mighty long time. I'm not sure why they haven't approached them to buy it. Maybe it cost them too much or they think it costs too much. That is already zoned C-3. The parking that they have, the people that I know that live behind the zoning, the area that they want to rezone, the inconvenience of having, like the other lady was saying, a wall sitting up there, the lights shining. They also want to put in a pourous drive or a pourous parking lot for the runoff of whatever. I'm not sure why they don't want to do it hard stand. As far as I know, that would be a better thing to do. And the cut -through street. I would be staring at the cut -through street that they have on there. That makes me very uncomfortable to be able to see people driving in there; I live in a two-story home. So as you stated earlier, I can see through there and be able to look and watch what people are doing ifthey're driving through. And you know as well as I do, people getting off the boat, they're going to be coming down there and to be able to make the turn they've got to turn out wide to go over and get into the parking lot. And a lot of people don't know how to drive the boat trailer effectively, because they only do it on the weekend or maybe once a month, or sometimes they wait until they come down and they're only here for three or four months. So they're not really efficient in it. So you've got to be careful as to watching the way the people are driving. The inconvenience for it being tearing up our neighborhood. This is such a wonderful neighborhood; quiet, peaceful. And even though the boat trailers come up and down, it's hard for me to want to see them tear it up, put fences and put walls and make a parking area. Peoplc have plenty of arca to park in now, as well as whenever it's coming for the new 40 some odd spaces that are going to be in that park, then having them park thcre on the edge of Dan lord Street where the mangroves are at. And it's not impeding on thc height of the mangroves, even though they do come out over to the road. People are parking an empty boat trailer there, they're not parking 20-foot tall boats or I5-foot tall boats or trucks on thc edges of the road to be able to pull. So it's not caused a problem from what I can see. Well, I thank you for your time. CHAIRMAN STRAIN: Thank you, sir. Ray, is that the end of the public speakers? 161 December 4, 2008 145 Page 47 MR. BELLOWS: That's it. CHAIRMAN STRAIN: Okay. Would the applicant like to have a final comment? MR. McALPIN: Thank you, Mr. Chair, for the opportunity. We would just like to summarize a couple of key points. The BCC authorized our Beach and Boats Access Plan in May, 2003, of which they authorized the acquisition in this neighborhood of property for the potential use of ofi~site parking. Then in April of2004, they funded that plan. They authorized money for us to move forward. And then for each one of the properties that we have purchased, the 15 lots, we brought those back to the BCC and they authorized them at that point in time. We have demonstrated that there is an absolute need for this parking expansion. Currently we see 56 weekday uses and 100 during the weekend. Our parking is inadequate for that. We're making our steps to expands the parking within the park. But even at that, we're looking at a shortfall of 68 spots. So we have a need. It's demonstrated. The need is now. It's going to be growing because of the impact of season, because of the impact of holiday and because of the impact of Hamilton Harbor. So the need is real. One of the residents also said that there was a need -- there is a problem out there right now. We've done this as efficiently as possible. We've held three public neighborhood meetings. We've assembled a parking which is a critical mass on the southeast side. We've listened to the neighbors. We've tried to work this as etliciently as possible. We have fencing, landscaping, dawn to dusk opcrations. We believe we have a better flow of traflic with the access road. And so we've listened to what the neighbors have said and tried to design this to have the least impact on their community. The -- there is a need. And for us to say that we could ignore the need on the properties and ignore the problem with the boat parking at this point in time is inappropriate. We have to address the parking needs and we have to address the problems associated with this site. We have looked at all the other surrounding properties. There are no other options in terms of buying property and parking in other locations. This provides us essentially one of the only solutions that we can see for this neighborhood right now. We believe we are consistent with the neighborhood. Our plan will reduce congestion. If you look at this whole neighborhood and you look at it in its context, it's a patchwork of zoning. We have Hamilton Harbor, which is commercial just directly to the south; we have the park to the west; we have the Botanical Gardens, which is commercial and conservation to the east; we have mixed PUD's. And they're all water related. We have a water related use. And we're piggybaeking on that at this point in time. We're providing sidewalks to help solve some ofthc problems that we have there right now. There is a health and safety issue. Cars are parked on the shoulder of Danford and Fern and creating safety issues in violation of ordinances, and they're not adequately being enforced right now because adequate parking is not available. That is a fact as we stand right now. The western portion of Danford Road is insubstantial, is a sub-standard road, and the widths don't meet the county's standards for two-way traffic and shoulder parking. There's no safe pedestrian access on the western portion of Danford Road. And parking in the wetlands is a violation ofDEP parking, protecting the wetlands. So we have issues there. That, coupled with the inability to move emergency vehicles into the park with parking on both sides creates problems lor us. So we would -- with those considerations, we are trying to solve a problem. The problem -- our solution may not be perfect at this point in time. We sce this as a continuing process, we see this as a 161 December 4, 2008 1A?J Page 48 1 ~c~ber4Jlo08~ generational solution. We're willing to -- we need to start at some point. That's what we're proposing at this point in time, and as we have willing sellcrs purchase more and expand the off-site parking. Thank you. CHAIRMAN STRAIN: Thank you. Okay, Mr. Schiffer, did you have -- before I close the public hearing, or did you want to comment during the public -- COMMISSIONER SCHIFFER: I was going to ask Gary a question. CHAIRMAN STRAIN: Oh, go ahead. That's what I was trying to find out. I didn't want to close the hearing and then have you ask a -- COMMISSIONER SCHIFFER: Gary, one thing that -- the lights are a concern as to what to do on this. What are the plans for lighting? MR. McALPIN: This is a dawn to dusk park, so there will be no lighting in the parking lot at this point in time. We will close the -- as was talked about earlier, there will be access to the parking lot for trailers to come out. But after the park is closed, access will be prohibited to cars and trailers. COMMISSIONER SCHIFFER: So you could make a limitation that there is no lighting on this facility. MR. McALPIN: That is correct. COMMISSIONER SCHIFFER: Okay. The other question is, and I'm having a little bit of trouble with the intermediate roadway. If you look at the distance that you're going to walk, I mean, I could make an argument that it's not that much more if you came out onto -- I forget the name of the road -- Hamilton, then went up to Danford and came down, it's not that much more, at least from the eastern end of the parking lot. So is the intent of that roadway to give people a shortcut with the trailers or a shortcut with pedestrian walk-back? MR. McALPIN: Both. Both, Mr. -- Councilman (sic). We're trying to provide more tlexibility in terms of the tlow of traffic, the flow of trailers, so that everybody is not always using Danforth (sic), so we have an alternate route there. And also we have from the parking lot, we have pedestrian access on that so that we could have safe pedestrian access moving into the park. COMMISSIONER SCHIFFER: But I mean the people, essentially they're going to arrive, they're going to ride all the way down Danford and then they're going to come back. I mean, so I see -- I kind of share the feelings the lady has, that make them makc that turn, a couple turns, rattling trailers, when essentially they could just drive past and limit the intrusion into the total neighborhood. Would that be a big problem if there wasn't that pass-through? I mean, if you look at the -- you know, just play with the graphics, the walking distance isn't that much more. It's a long walk anyway. MR. McALPIN: It is a long walk. And that was not a -- we want to provide traffic tlexibility. And we think having that tlexibility relieves the traffic on the eastern end of Danforth (sic). And that's why we have it in there in at this point. Okay. COMMISSIONER SCHIFFER: Okay. All right, you know, I'm not quite sold on the pass-through yet. MR. McALPIN: Okay. COMMISSIONER SCHIFFER: Because I think if you don't have the pass-through, you limit the intrusion into the neighborhood, the people on -- let me get the -- Bay Street, it's up at the end of Bay Street, the people who live further down won't have to deal with it. And they have a big enough problem, they have this huge, you know, dry storage across the way from them and then -- anyway, I think the pass-through, I'm not quite sold on the pa~s-through. Thank you, Mark. Page 49 December 4, 2008 161 1 ~ CHAIRMAN STRAIN: Okay, with that we will close the public hearing, and if you want to have either discussion or make a motion and then have discussion, someone tell me. COMMISSIONER WOLFLEY: I've got little to talk about. It doesn't makc any difference to me when. CHAIRMAN STRAIN: Well, I mean, do you guys -- Mr. Wolfley, if you want to discuss something, go right ahead. COMMISSIONER WOLFLEY: All right, I'm going to have to vote no on this one. The buffers are inadequate. Since you had said there will not be any lighting along the pedestrian crosswalk, I crossed that one out. I feel that the parking, like maybe some of us, certainly the homeowners, is going to create more use because of the simple supply and demand. And I think we're going to be creating more problems and we're going to be right back to where we were to begin with. And the more we go into the residential area is I think a bigger problem. I think indeed it's going to lower the property values. And finally, I feel that the -- dealing with DEP for a special consideration to relocate the mangroves and move from the existing interior parking, move towards the east is a much bettcr plan. Thank you. CHAIRMAN STRAIN: Any other comments before-- COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: Might as well join in. It is very clear that we -- Collier County can use more boating opportunities. That would mean in the case oftrailered boats, places to park their trailers after they've done it, launched the boat. And I appreciate and sympathize and I appreciate the direction that the BCC has instructed staff to find ways to support that. However, a gentlemen used the term spot zoning, and quite frankly, we would -- this board would never facilitatc spot zoning by a developer. And perhaps some on this board might, but I certainly couldn't support that. I recognize that this is not building the community. I think if there's an alternative, that alternative may be patience and time, and have the county over time, a long period of time, perhaps, secure additional properties so that it can become a legitimate area for storage, but I could not support a motion in the affirmative. CHAIRMAN STRAIN: Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: Yeah, I have a hard time supporting the project, simply because the neighborhood was there first. CHAIRMAN STRAIN: Thank you. Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, I do support the project. I'm not sure about the pass-through, but I support the project in that how could people just parking alongside the road in the neighborhood be more desirable than the ability to corral them down at the other end? Because of the distance, I don't think it's going to be used -- you know, if the sheriff forces them in there, that's the only way I think the thing is going to be used anyway. When it's not being used, when the load is down, there's not -- it's going to be a passive, just an open area. And I would rather us -- although I don't think that's going to be the case -- work on how to make the landscaping and buffers, the thing a desirable use in the neighborhood rather than not be in the neighborhood. But I support the use of the land as proposed. CHAIRMAN STRAIN: Mr. Klatzkow, you had a comment? MR. KLA TZKOW: Yeah, I just -- I'm hoping to reduce the chance that the board may send this Page 50 December 4, 2008 161 1M back, so -- CHAIRMAN STRAIN: Give me a minute to make mine. That might help you reduce it. MR. KLATZKOW: -- so that when I ask when you take your vote if you would set forth your individual reasons, if you're going to vote no, and that you actually look at the criteria set forth in the staff report and base it on that. CHAIRMAN STRAIN: You didn't give me a chance to get there, but I will do so right now. I will be voting against this proposal. I will state my reasons now because they're lengthy and there's no sense of saying it numbers of times. First of all, I want to set some criteria for all of you. I know we all realize, but maybe the public doesn't. The purchase of this land, in my discussions, in my meetings with Mr. McAlpin and Ms. DeJohn when I asked was this on the consent or summary agenda, I was told it was on the consent agenda. Now, if you know anything about the BCC agenda, the consent agenda is one of those massive pages of items that they just vote on in blank. They say okay. And it's not always as openly debated in the public when it's on a consent agenda item. Also, I'm concerned that this is a setup for future buy-outs. Right now property prices are established based on a residential neighborhood. You start putting in this kind of use, no one's going to want to live by it. So guess what? The county gets to buy other properties out at a better price. We would never ever consider this if a private developer was doing it. And government is not above the law and they shouldn't be in this case. There were discussions here today. There's been no proven environmental problem. They're within a 60-foot right-of-way. The safety issue that they keep harping on is going to be exaspcrated (sic) more by the parking lot this further distance away than it is now. And we also heard that we are still going to have people probably parking on the side ofthe road. So nothing is accomplished in what they believe are the accomplishments by making this purchase. So I have a series of lengthy discussion to tcll you why I'm going to be voting against this proposal. If you want to piggyback on the back of it, that's up to you all. But I'm going to tell you what they are and then we'll be looking for a motion. In the CCME we have Policy 12.2.7; it says the county shall continue to assess all undeveloped property within the coastal high hazard. Well, this was acknowledged in testimony, it's developed policy. So that's inconsistent with CCME Policy 12.2.7. Recreation open space Policy 1.1.5 states, the correct or improve existing parks and recreation facility deficiencies which are necessary in order to meet the level of service standards. We have not seen anything that says this is the only alternative in which to meet the level of service standards. And I surely think that destroying a neighborhood does not make it necessary. Policy 1.3.] of the recreational and open space says, county owned or managed parks and recreational facilities shall abide by all bicycle and pedestrian access where location is appropriate. This is absolutely inappropriate, as clearly stated to us by Collier County staff as being incompatible with the neighborhood. Recreation and open space Policy 1.4.2 states, that Collier County shall continue to coordinate with the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such a facility. Such governmental cntities shall include but not necessarily be limited to the City of Naples. Policy 1.4.2. If you go to FLUE Policy 5.4, it says, new development shall be compatible with and complimentary to surrounding uses. It is no way there's complementary uses here or eompatible with it. Then we have to get into LDC Section 10.03.05(1)(2), and that is all the criteria by which we have to weigh these decisions. Criteria number one -- rather than read the whole criteria, I'm just going to tell you, based on criteria number one, this is not compatible with the neighborhood. Based on criteria nurnber two, again, it is not consistent with the land use pattern. Based on criteria number three, the possible creation of an isolated district, yes, this would be an isolated district. There certainly aren't any others in this district. Under number four, whether existing boundaries are logically drawn: The change does not warrant -- the neighborhood layout does not warrant a change for this kind of commercial parking lot. Number five, whether the changed or changing conditions make the passage of the proposed amendment necessary. There are no conditions unique to this site that make it necessary. They could have bought other sites in the county that could have provided plenty of access to the water. Number six, whether proposed change will adversely influence living conditions. Absolutely it will. It was testified to by the residcnts, and it's obvious. Number seven, whether the proposed change will create or successfully increase traftic. Most certainly. Traffic is going to be increased on Danford Street, either by the quantity of votes or by a way to get in and out of that parking lot. I don't belicve if somcone pulling a trailer's going to use the worst route there, they're going to use the easiest route there. Plus it creates a highly unsafe condition on Danford Street, more so than they currently have today. So we actually are aggravating the situation, not bettering it. Whether the proposed change would adversely affect property val ues. No doubt, the property values will be affected negatively. Whether the proposed change would be a detriment to the improvement or development of adjacent properties. Obviously very few people are going to want to live next to a parking lot. And the additional safety hazards on that street will probably make sure people with children don't move there. Number twelve, whether the proposed change will constitute or grant a special privilege. Well, I think it grants a special privilege to govemment, one way and above anybody in the private sector could possibly have in a residential neighborhood. Number 13, whether there are substantial reasons why the property cannot be used in accordance with the existing zoning. There is no rea~on. In fact, there are two CO's, developed existing homes on that property, showing it could be used. Whether the change suggested is out of scale with the neighborhood. There's nothing unique to warrant the change. It certainly is out of scale in a residential neighborhood to have a commercial parking area. Whether it's possible to find other adequate sitcs in the county. We already know there is. In fact, there's been numerous sites proposed to the BCC. Some have been turned down, some have been taken. Most recently they're considering the one at Port of the Isles. Number 18, such other factors, standards or criteria the Board of County Commissioners shall deem important. Well, as staff has said, there would be an adverse affect upon living conditions in the neighborhood. December 4, 2008 16 I 1ft'? Page 52 December 4, 2008 161 1 PI3 The expansion should be on the county-owned park itself rather than authorized to overflow into the residential neighborhood. In no way should a parking lot be forced into a successful and established residential neighborhood to accommodate an expanded use. Staff finds the proposed parking lot to be incompatible with provisions of the LDC and particularly Policy 5.4 of the FLUE, and inconsistent with Policy 1.3.1. Now, that's as many as I can mention here and try to be brief. Mr. Klatzkow, is that thorough enough? MR. KLATZKOW: I think you've made your position quitc clear. CHAIRMAN STRAIN: Okay. Maybe when it gets to the BCC, there won't be -- it won't be sent back to us. Anybody else have any other comments? MR. SCHMITT: We'll just add the minutes to the-- CHAIRMAN STRAIN: Okay, is there a motion on this particular matter? Mr. Wolfley? COMMISSIONER WOLFLEY: I'd like to make a motion on RZ-2008-AR-12930, as a -- sorry, with a recommendation of denial. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made and seeonded. MR. KLATZKOW: And is that based on Mr. Strain's discussion? COMMISSIONER WOLFLEY: Yes. I had pretty much -- not as though I articulated them as well as Mr. Strain, but yes. CHAIRMAN STRAIN: Does the second-- COMMISSIONER MURRAY: And the second definitely agrees. CHAIRMAN STRAIN: Okay. And I will be supporting the motion for denial based on my discussion that I just had. Don't ask me to make it again, please. Is there any other discussion on the motion? COMMISSIONER SCHIFFER: Well-- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I'm just going to note that I'm going to vote against the motion. I think there is a health and safety issue on Danford right now. And I think that this could be made compatible with the neighborhood if we worked on the positive sides of the design of it. And essentially this parking lot is a passive use. It wouldn't be used during the night, it wouldn't be used during week days. There's a small amount of time when this would be used. And when it is being used it's hopefully eliminating the concerns I had with the safety of Danford. CHAIRMAN STRAIN: Okay, ifno other comments, I'll ask for -- did you have a -- are you just ready to vote, Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, but I wanted to make a statement. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER KOLFLA T: I don't think I'll ever ask you a question, because that's like asking for a drink of water and getting the hose put on you. CHAIRMAN STRAIN: I don't know how to take that, but-- COMMISSIONER KOLFLA T: But I do support your position on the motion. CHAIRMAN STRAIN: Thank you, Mr. Kolflat. Okay, with that, we'll call the motion. All those in favor of the motion to deny, indicate by saying aye. COMMISSIONER MURRAY: Aye. Page 53 COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. CHAIRMAN STRAIN: All tllOse opposed? COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Motion carries 6-2 for denial. With that -- thank you. With that, we'll take a one-hour lunch break and we'll resume at 12:50. Thank you. (Luncheon recess.) CHAIRMAN STRAIN: Okay, welcome back, everyone. It's 12:50, we can resume with our meeting. We're going through our various petitions. December 4, 2008 161 1/tS Item #9 E PETITION: PUDZ-A-2006-AR-I0325, SUNGA TE CENTER CPUD The next one up is Petition PUDZA-2006-AR-I0325, Wynn Properties, Inc. and Carbone Properties of Naples, Ltd. for the Sungate Center CPUD. And it's on Green and 951 in Golden Gate. All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Disclosures by the Planning Commission? Does anybody? (No response.) CHAIRMAN STRAIN: I've had conversations with Mr. Mulhere and Mr. Anderson, who I -- oh, there he is, behind Mike Bosi, okay. And will probably repeat everything I had said today. But before we can start on this agenda item, I need to explain something that has been troubling on this issue that [ need the County Attorney's comment on as well once I explain it. I was chairman of the Golden Gate Area Master Plan Overlay committee that put the rules in effect for the commercial areas in Golden Gate Estates. That's an overlay. It's different than the broad comprehensive plan throughout the whole county. Overlays are put together by the people in the area and they're more special interest, more focused on the area. And one of the things we were very careful in doing on that committee was to make sure we limited the commercial activities in these centers to C-I, C-2, and C-3. Everybody buying property out there knows the rules. And if one property to finds a way to circumvent them, I'm sure we'll end up with negative consequences in other parts of the county. This one's coming before us with a concern from staff that it's inconsistent with the Golden Gate Area Master Plan because of the mini-warehouse addition to the former PUD. The former PUD had been in place a long time. It was generally known to the community. This is a new twist to that PUD, which in my book is problematic for this board to hear, knowing it's inconsistent with the GMP. And I don't think there's any gray area there. It's beyond the C-3 uses that clearly are those uses allocated in the GMP. It's a C-5 use, and a conditional use in the C-4. Now, based on that, I've got to ask the County Attorney's Oflice, what options do we have to Page 54 December 4, 2008{>.r6 proceed knowing that we're proceeding with something that is inconsistent with the GMPf 6 I 1 MS. ASHTON-CICKO: I think it's a problem. I think that you either have to make a determination that it's consistent in your opinion with the GMP or I don't see how you could rule any other way than to make a recommendation of denial. The case law is clear that the Board of County Commissioners cannot approve an item which is inconsistent with its Growth Management Plan. CHAIRMAN STRAIN: Okay. So I guess that comes into play from staff -- or Mike Bosi, maybe that's now why you're here today. And if staff is going to testifY that there's no indecision on staffs part as far as consistency with the GMP, then I guess the applicant's got to make a decision. Because if it stays in, it makes our meeting a lot shorter, because I'm not sure how it can stay in and continue. But if you want to voluntarily remove it and come back after something's modified, either the GMP or the LDC, to allow such uses in the C-3 use, then that's a difierent story. But I certainly want to make sure we proceed effectively today and productively, and not go down a trail that we're just going to sit here and have to backtrack on. Bob, you're at the podium, did you have any comment or do you want to let Mike Bosi comment first? MR. MULHERE: Well, maybe let Mike comment first. That provides me another three, four minutes. MR. BOSI: Mike Bosi with Comprehensive Planning. As Chairman Strain had indicated when we did the consistency review in compo planning on the petition, we found that the language that was in the Golden Gate Area Master Plan for the infill commercial sub-district clearly restricted the uses to the C-I, 2 to C- 3. The use being proposed, the 4225 SIC Code for mini-storage was a use that's only allowed for a conditional use within C-4, permitted use within C-5; therefore, we thought it was clearly prohibited by the language contained within the Golden Gate Area Master Plan. And the distinction that the applicant was utilizing as the justification for the inclusion was a comparison to a 2002 rezoning for Goodlette Comers. Goodlette Comers was on Pine Ridge Road and Goodlette-Frank Road within the urbanized residential sub-district, and they sought commercial zoning through the infill commercial subdistrict. The distinction between that district and the Golden Gate Area Master Plan district both provide for uses within the C-I through C-3 zoning district. The only problem is in the infill sub-district, the urbanized infill sub-district, it says that you can gain a higher intensity of uses based upon the adjacent or adjoining uses to your property. And at that point in time there was C-4 uses to the west of the Goodlette Comers rezone; therefore, they gained a higher intensity of uses, and that was the justification that the Board of County Commissioncrs found to include that use within the Goodlette Comers rezone. So the example of precedent being utilized by the applicant to justify the inclusion of a C-5 use within the Golden Gate Arca Master Plan infill sub-district to me is not a straight apples to apples comparison, not in my own view but Comprehensive Planning view. And that's why we've arrived at the determination that it could not be deemed consistent with the Golden Gate Area Master Plan. CHAIRMAN STRAIN: Is it pretty clear? MR. BOSI: Yes, sir. CHAIRMAN STRAIN: Thank you. Bob, I really need to ask you if you want to proceed with a mini-warehouse as part of this, because it's going to shed a different connotation on this review than it will otherwise. I think it's inevitable then what the outcome will be. Page 55 What do you want to do? MR. MULHERE: Well, I think I need to take to my client. If you want to give me a minute or two, I'll talk to him and see how he wants to procecd. CHAIRMAN STRAIN: We'll give you four minutes, how's that? We'll come back -- we'll just break for four minutes, resume at 1:00. (Recess. ) CHAIRMAN STRAIN: You didn't take your full four minutes. MR. MULHERE: That was very expeditious of us. Without prolonging the discussion and giving you any basis of rationale why we thought it was appropriate -- obviously we did have a basis and a rationale for that. But having discussed it with my clients, given the concerns that werc raised, we're willing to remove that use and explore some other opportunities down the road to include that use. CHAIRMAN STRAIN: Okay. So today's meeting will proceed with the mini-warehouse item being removed from the nurnber of uses that are listed in the PUD -- MR. MULHERE: Right. And I assume when we come back for consent we'll have removed it and re-number the uses. CHAIRMAN STRAIN: Understand. Okay, that works and -- Heidi is that -- will that work with the County Attorney's office? MS. ASHTON-CICKO: Yes, it does. CHAIRMAN STRAIN: Okay. With that, it's your presentation, sir. MR. MULHERE: Okay. I think, you know, that this presentation can be fairly brief. I have an exhibit on the visualizer that shows the location. I'll just step over to that for a moment. Collier Boulevard, Green, 15th Avenue Southwest. This is -- property's right here. It consists of 10 acres. This is a postal annex here that's already developed, and there's some water management facilities developed. This particular plan here, it's probably hard for you to see, but this actually shows the proposed improvements to Green, which will be developed as part of the Collier Boulevard Improvement project, which includes turn lanes -- there's double lefts, there's a right, there's a through lane. And so in accommodation for that, we've got some right-of-way that we're dedicating; I'll get into that specifically injust a moment. And a shared slope and construction easement, sidcwalk easement. And we're also going to handle some of the water from the Collier Boulevard project within our water management system. Just a little bit of history. The subject parcel is zoned PUD, but -- and although partially developed and developed, as I said, with the postal annex and with the stormwater management system, it didn't meet the percentages outlined in thc LDC for continuation of the PUD, so it was subject to sun-setting. I think that's in your staff report. And then obviously once you've been sun-setted, this project -- this PUD was sun-setted. The only way to remedy that is to come back in and do a rezone to PUD or rezone to some other appropriate district. With that one use being removed, I don't know that there's any other objections. All the uses we went through a -- I'd say a pretty lengthy proccss with staff oflooking at all the uses and ensuring that they were consistent. We've met with transportation staff five or six times to hammer out the transportation conditions. We've agreed to, as I said, provide the necessary right-of-way as well as easement to accommodate the improvements on Green as well as some intersection improvements from Green to Collier Boulevard. And we have also agreed to take up to about an acre of stormwater treatment. And that has been determined to address the mitigation for Policy 5.1 that's necessary. December 4, 2008 16/ 11\6 Page 56 f6mr 4, 2T -k5 So I think that concludes my presentation. If you have any questions, we're happy to answer them. I have Bruce Anderson with me here, as well as Bill Clark representing Wynn. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Bob, one thing. You're going to do a PUD, which isn't the intent of a PUD to do something creative rather than just use conventional zoning? MR. MULHERE: Well, again, this already was a PUD. This was already existing as a PUD. COMMISSIONER SCHIFFER: Well, let me -- I'll take that away from the question and make it a statement, as I seem to miss the creative part, because it looks like you're just setting requirements. The setbacks you want to have is 20 feet, yet all the other zoning districts have 25. You're on a major road, which you want to be 20 feet back from. What's the reason for that? MR. MULHERE: Wcll, first of all I'm not sure that all the other zoning districts have 25-foot setbacks. We have a 20-foot setback in the existing PUD and there are 20-foot landscape easements already recorded throughout the entire -- those three sides where we have 20-foot landscape -- where we have setbacks. COMMISSIONER SCHIFFER: But isn't your development schedule -- let me read it. The -- I'm looking at table three. Is that the right table? MR. MULHERE: Yeah. COMMISSIONER SCHIFFER: I'm looking at setbacks from the northern perimeter boundary, 20 feet. MR. MULHERE: Right. COMMISSIONER SCHIFFER: From the southern boundary of the 30-foot right-of-way. MR. MULHERE: Correct. COMMISSIONER SCHIFFER: So from the centerline of the right-of-way, it's 50 feet. MR. MULHERE: Correct. COMMISSIONER SCHIFFER: So the setback to the building is 20 feet from the property -- MR. MULHERE: Correct-- COMMISSIONER SCHIFFER: -- assumed property line -- MR. MULHERE: Could be 20 feet. COMMISSIONER SCHIFFER: -- where 25 is required in C-I, C-2, C-3 and even C-5. Setback from the southern, same. MR. MULHERE: Well, we're adjacent -- if! could, I mean, maybe in response, we're adjacent to an estates-zoned lot. We've provided a 25-foot setback. It seemed like that would be the most appropriate place to have the larger setback. It's a relatively small parccl. Those setbacks are consistent with the setbacks that were already in the PUD when it was approved previously. COMMISSIONER SCHIFFER: But the 25 feet you just mentioned is from the western boundary, correct? MR. MULHERE: Correct. COMMISSIONER SCHIFFER: The eastern boundary again is 20 feet. MR. MULHERE: Correct. COMMISSIONER SCHIFFER: In other words, I think that's very close. Especially the eastern boundary is Collier Boulevard. You can have a building 20 feet off of the property line. Anyway, I'm not sold that that's a good idea. And why do you need 20? Why can't 25 work? I mean, conventional zoning has 25. You're not proposing anything here, so we have no idea why conventional zoning would even be the appropriate way to do this. Page 57 t6elber 4, T8 ~ MR. MULHERE: I mean, my only response to you is that, you know, within 20 foot we can put the required landscape buffer, which will be substantive. The roadway is being widened. They've already taken a significant amount of property over the years from this parcel for roadway widening. And again, we're getting more right"of-way for roadway widening. COMMISSIONER SCHIFFER: But you could have a 50-foot building 20 feet from the property line -- MR. MULHERE: Well, and subject to the architectural standards, that will be designed in accordance with those standards and it will be very attractive. I don't think we have an end user at this point in time so I really can't tell you whether it will be right up to the 20-foot setback or whether it will be set back, you know, 50-loot or 25-foot with parking in between the right-of-way. COMMISSIONER SCHIFFER: So then why don't you just humor me and go with 25. MR. MULHERE: On Collicr? COMMISSIONER SCHIFFER: Why not on all of them? I mean, why put the building up on the property line? I mean, all the things we do, that's not a -- I mean, five feet. I mean, it could be trivial on my side, it could be trivial on your side, but -- MR. MULHERE: Well, obviously, again, you know, I'd have to confer with my client before I could commit to that, because it's a pretty substantial impact on this relatively small piece of property. And no one's objected to the setbacks in the more than 10 years that they've been in place. COMMISSIONER SCHIFFER: Well -- CHAIRMAN STRAIN: Brad, pull that mic. a little closer to you, if you could. COMMISSIONER SCHIFFER: Anyway, that's my comment. Thank you. COMMISSIONER MURRAY: Question. CHAIRMAN STRAIN: Okay, Mr. Murray? COMMISSIONER MURRA Y: If the -- if your clients had moved ahead earlier in time and they would have built to the setback, then the county would have come along and asked for some of that road, what would be the net effect on the setback') MR. MULHERE: It would be reduced by whatever they asked for. COMMISSIONER MURRAY: Could that be five feet? MR. MULHERE: Five, 10. You know, I don't know how much land was taken for Collier Boulevard over the years, but I know it's been widened. So, you know, at some point -- whatever the, you know -- my experience, if I could talk generally, because I don't know the specifics here. But generally all the time you have a situation where the county's widening a road and you've got an existing improved building. And the LDC says that your setback can be reduced by the amount of the take. And -- because you're not causing that problem. COMMISSIONER MURRAY: And I think I understood tllat-- MR. MULHERE: Being caused to you. COMMISSIONER MURRA Y: -- that's why I was asking that question. So in other words, what I'm trying to understand or trying to make a point, I guess, that while I don't disagree with my fellow Commissioner that it would be desirable to have appropriate setbacks, my thought was had they been moving ahead all along in the past and the county now needed the property, you would have a net effect ofthc same or perhaps slightly different setbacks than what you now plan. MR. MULHERE: And if! could piggyback onto that, I mean, I guess my point is that Collier Boulevard's not going to be widened any wider than it is now. It's constrained to six lanes by policy. And Green, the improvements -- the setback is from the improved Green. So you're getting 20 feet from basically a six-lane Green, because there's two turn lanes, there's a right turn lane and there's the Page 58 through lanes. COMMISSIONER MURRAY: Do those lines that are drawn in there, do they represent potential structures that you're planning? MR. MULHERE: No, they don't. We were just looking at potential out-parcels and sizes. Those are not structures, no. COMMISSIONER MURRAY: Okay. Well, my thought is if you get approved I would hope they'd move ahead, because if you wait much longer they could take some more property. CHAIRMAN STRAIN: Anybody else have any questions of the applicant? (No rcsponse.) CHAIRMAN STRAIN: I've got a couple, Bob. MR. MULHERE: Okay. CHAIRMAN STRAIN: On your list of uses, I mean, I know we're now going to now strike Item 39. Would you mind adding a sentence to the uses either in the beginning or end that says you agree that you will not use the property for any sexually orientated businesses as defined in our code of laws? MR. MULHERE: I don't think we object to that. I did have some discussion prior to this meeting and found that because of the proximity ofresidential and the church across thc street, and I recognize those situations could change, so we don't have a -- I'm sure there's no objection to that. But I was just going to say, it wouldn't qualify under the county sexually oriented business restrictions. CHAIRMAN STRAIN: I realize that. MR. MULHERE: Ycah, okay. CHAIRMAN STRAIN: But I'm always trying to cross the T's and dot the I's -- MR. MULHERE: No, that's no problem -- CHAIRMAN STRAIN: -- so we don't have an issue that -- MR. MULHERE: Do you want that as a sort of a genera] condition like a footnote or something along those Jines? CHAIRMAN STRAIN: Well, at the end -- I mean, anywhere you want to fit it, say at the end of 46, just a general statement that this property will -- no sexually orientated businesses will be allowed on this property. MR. MULHERE: Yeah, got it. CHAIRMAN STRAIN: Undcr the stormwater acceptance, Page 4-3.H. I mentioned this, I think to you and -- MR. MULHERE: Yes, you did. I've got-- CHAIRMAN STRAIN: I think that can be worded better. MR. MULHERE: I actually found an answer which I think is a good answer. And I think maybe you may also agree with that. The reason -- and we use the word -- Mr. Strain is referring to paragraph H at the top of 4-3 where we talk about in the second line towards the end of contiguous Collier County right-of-way, the word contiguous. Because the concern that Mr. Strain brought up was that really, how do you know where the water's coming from. If it's a continuous pipe it may not be coming from -- but the problem is -- and this was aetually worked out with transportation staff. They will be the oncs going to obtain the South Florida Water Management District permit when they do the improvements to Collier Boulevard. And for those, the Water Management District will need to be -- excuse me, the water management Iacilities will need to be contiguous to the area that's being treated. So it's really more for the South Florida Water Management District. We could use the word 161 December 4,2008 l~ Page 59 adjacent I think, but contiguous is a little bit more descriptive. CHAIRMAN STRAIN: The only reason I'm concerned, as I explained to you, is typical you have humps and bumps in a road to control your water runoff from the asphalt. It goes into catch basins that take it into drainage pipes that take it to a drainage area. Those many times are interconnected. And I just would want to make sure transportation wouldn't get caught into a situation where they've got to isolate a section of the road so that the drainage runoff from that section is all that goes into this property. I understand they're limiting it to 1.02 acres, and that's fine. And my suggestion was just drop the reference to the contiguous. ]f you're limited to 1.02 acres, what do you care where that comes from, as long as that's all you've got to entertain. Would that be an acceptable idea? Why wouldn't that work? Ijust -- out of curiosity. MR. MULHERE: There was some concern as it related to the permitting process. So I don't know if Mike -- Michael, do you have any-- CHAIRMAN STRAIN: Well, if there's a concern from the permitting process, and South Florida says you can't do it because it's not within what they consider contiguous, you're going to correct it anyway, and either way it's not going to have any impact on you greater than 1.02 acres. So I'm not sure why it concerns you. I think it's going to concern the county in how they permit the property through South Florida. MR. MULHERE: Maybe if we use the term -- maybe if we reword it, if this works, to say the developer and any successor owners of the dcvelopmcnt agree to accept, store and treat in perpetuity all of the stormwater drainage from any section or sections of Collier County right-of-way-- CHAIRMAN STRAIN: Right. Just drop the word-- MR. MULHERE: -- adjacent to the subject property as may be selected by the County. I mean is adjacent, is adjacent -- CHAIRMAN STRAIN: Okay. But why are you hung up on that? Why does it have to -- MR. MULHERE: What I really-- CHAIRMAN STRAIN: If it's a mile away -- MR. MULHERE: It's not really that I'm hung up on it, I just don't want to have an unintended consequence because I really was not the one that word-smithed this specifically. Let me ask my client if there's a problem. CHAIRMAN STRAIN: The only reason, Bob, is where I'm coming from is if you're taking water to your property, then you've accepted it to come from a right-of-way. That right-of-way is anywhere, as long as you don't take any more than you've agreed to take -- MR. MULHERE: Yeah, it-- CHAIRMAN STRAIN: -- 1.02, what do you care? MR. MULHERE: -- sounds very, very logical to me standing here, but if you just give me a second. CHAIRMAN STRAIN: Okay. MR. MULHERE: Thank you. CHAIRMAN STRAIN: He wants to stay safe. Nick's gone. MR. MULHERE: Okay, done. CHAIRMAN STRAIN: Okay. So we'll drop the word contiguous, right? On the next page, and I'm probably not going to need you to -- unless you understand this -- you guys agreed to pay tratlic impact fees. You're not getting credits for that based on 0, right? MR. MULHERE: Correct. CHAIRMAN STRAIN: So all your contributions are great. They're pro bono, more or less, and you don't have to pay -- you're not getting any credits against your impact fecs, and I think it's great for the December 4, 2008 16 I 1 k6 Page 60 developer to do that, and I'm not objecting to that. But P seems to reverse that. MR. MULHERE: I'm going to defer to Bruce on that. CHAIRMAN STRAIN: And P is the one that confuses me. I've not seen it in a PUD before. I'm trying to understand what it means. Because it says devcloper shall not be held responsible and shall not be charged for any past or future improvements to Collier or Green Boulevards -- well, impact fees pay for future improvements -- including but not limited to, and it goes into a series of things. Nor shall the developer be required to make any payments in lieu of any of the foregoing. Developer's contributions satisfY all transportation fair share mitigation requirements. I just want to make sure that this doesn't contradict the impact fee credit statement in O. COMMISSIONER MURRAY: I think he wants to pay it once and get it over with. MR. MULHERE: No, I think that that is that there be no further extractions and not through -- and it was not necessarily directed toward the impact fee process but any other type of extraction. But let me defer to -- CHAIRMAN STRAIN: Well, I'll ask the County Attorney's Office then if that's clear enough for them to derive that out of the paragraph, and ifit is, that's line. But I want to make sure it is. MR. WILLIAMS: Steve Williams from the County Attorney's Office. And when I read it and read Mr. Anderson's language I interpreted it just as Commissioner Murray stated, is he wants to make his one-time impact in the previous paragraph, and we're not going to come after him for anything else in the subsequent paragraph. CHAIRMAN STRAIN: Okay, so you don't have any problem with P having a negative impact on our right to make impact fees -- MR. WILLIAMS: Well, as long as we get them when we get them. I mean, we're not going for anything over and above what the previous paragraph called for. CHAIRMAN STRAIN: Okay. I have no problem with it. If the County Attorney's Office can defend it, that's the key. And that's -- at this time, that's all the questions I have. So thank you. Anybody else have any follow-up before we go to staff? (No response.) CHAIRMAN STRAIN: Okay, can we have the staff report, please. MS. DESELEM: Good afternoon. For the record, Kay Deselem, Principal Planner with Zoning. You have received the staff report and all of its attachments that provide rezone findings and PUD findings. Based on the testimony that's already been provided, a lot of what was discussed in the statTreport regarding the 4225 SIC Code classification use, staff can now unequivocally change their recommendation to say that we recommend approval now that that has been struck. I won't go into the details of the staff report, since you do have it and a lot of it's changed now based on the testimony. And if you need it to be done, Mike Bosi can go on the record to formally recognize that the use removal does make the project now consistent with the Growth Management Plan. CHAIRMAN STRAIN: I would like that, if Michael wouldn't mind. MR. BOSI: Again, Mike Bosi with Comprehensive Planning. And with the removal of the 4225, the use associated with the C-5 permitted use, with the removal of that from the PUD, compo planning would find this rezone request to be consistent with the Growth Management Plan. CHAIRMAN STRAIN: Thank you, Mike. 161 December 4, 2008 1~~ Page 61 December 4, 2008 JI.J2--.. 161 1 TfU Bruce, did you have a question before we go into any questions of staff? Did you -- MR. ANDERSON: Yes, I wanted to just ask you to consider this. I know from our conversations you were concerned about the process. And there's a possibility that the Land Development Code may be amended to allow that kind of self-storage use in C-3 or C-2 districts. Would you have an objection if we had that in there followed by the language that only ifit is a permitted use in the C-3 zoning district? That way if the Land Development Code does get amended, we wouldn't have to come back here and amend the PUD. COMMISSIONER MURRAY: But Mark -- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Wouldn't the GGMP, the Golden Gate Master Plan, have to be amended? Isn't that the controlling -- isn't that the controlling? MR. ANDERSON: Yes, but it makes reference to allowing uses C-I, C-2 and C-3. COMMISSIONER MURRAY: I thought the mini-warehouse was one that was exclusive, that was CHAIRMAN STRAIN: No, in that document we strictly said uses C-I through C-3. And a mini-warehouse is acknowledged as a C-5. So that's what prevents it. We didn't go back and relist individually all the individual uses in C-4 and C-5. COMMISSIONER MURRAY: Okay, that's why I got confused, because you said you wanted to go to C-3. I thought you said that, right? Did you refcrence that -- CHAIRMAN STRAIN: No, Bruce is suggesting that what they could add to their uses is put that SIC Code back in, but only under the provision that should thc LDC change in the future that would allow such uses in C-3, they could be then used on his property. COMMISSIONER MURRAY: That's where I picked up on the C-3 part of it, yeah, allowed in C-3. But that would be a C-5 function in C-3. MR. ANDERSON: Well, the Land Development Code would have to be amended. COMMISSIONER MURRAY: And that would -- okay, I -- MR. ANDERSON: To allow it in a C-3 district. COMMISSIONER MURRAY: All right. I don't know if it goes with the spirit of the thing, so -- CHAIRMAN STRAIN: What they're trying to avoid is -- sounds like an amendment process to the PUD. COMMISSIONER MURRAY: Yeah, right. MS. ASHTON-CICKO: Well, your issue is consistency with the Growth Management Plan. Would the compo planning staff have any input on that? MR. BOSI: Again, Mike Bosi with Comprehensive Planning. No, the Growth Management Plan does not specifY the uses within individual zoning districts. The Comprehensive Plan and specifically the Golden Gate Area Master Plan only specifies the uses that are in the C- I through the C- 3 uses. If the Land Development Code was changed through the appropriate process to designate a self-storage facility that is now currently a pcrmitted use in C-5 to be a permitted use in C-3, then it would be consistent with the Growth Management Plan because it was now included within a C-3 use. So Comprehensive Planning Irom that perspective would not have an objection to such a proposal. MS. ASHTON-CICKO: So the answer would be you could still make a finding with the consistency of the Growth Management Plan with the amendment proposed by Mr. Anderson. CHAIRMAN STRAIN: Okay. And Bruce, I mean, for me personally I think that would -- I mean, your use is less intense, it's just a matter of process, that's the problem. I don't have an objection to fixing the process, if we can. And that might be a solution to it that I don't see a problem with. Page 62 December 4, 2008 16 IlkS MR. ANDERSON: Ifwe could consider that when you all go into your discussion, we would appreciate it. CHAIRMAN STRAIN: It would have to come back on consent and -- MR. ANDERSON: Sure. CHAIRMAN STRAIN: -- we can refine thc language at that point if it's deemed to go forward. MR. ANDERSON: Thank you. COMMISSIONER MURRAY: Does that -- Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRAY: Does that open us up to any item for change? CHAIRMAN STRAIN: I think anybody could suggest anything in that manner, meaning they could say a concrete asphalt batch plant could go on this property, if allowed in the C-3 zoning use pursuant to the Land Development Code. But then how do you get the Land Development Code to change to that use as a C-3, I'm not sure. Bruce? COMMISSIONER MURRAY: So we're talking degree, a matter of degree to acceptance. MR. ANDERSON: But it's not -- a concrete plant would not be allowed by the PUD in the first place. CHAIRMAN STRAIN: Right. But no, what I'm suggesting is you could add -- just like this wouldn't be allowed by the PUD in the first place. If you wanted some time in the future to use this for a concrete batch plant but you knew it was an industrial use, you could add another line to that saying and a concrete beach plant could be used here if it's deemed to be acceptable by the LDC in a C- 3 zoning code. MR. ANDERSON: Well, you'd have to put that in the PUD. CHAIRMAN STRAIN: Just like you're proposing to put the mini-warehouse in. MR. ANDERSON: Yeah. CHAIRMAN STRAIN: Yeah. MR. ANDERSON: But I'm not asking for concrete. CHAIRMAN STRAIN: I know you're not. Mr. Murray asked for an example, I'm trying to get his question answered. COMMISSIONER MURRAY: And I think what I was trying to do is find out if there was any potential unintended consequences to this. We're being very specific then in talking about a mini-warehouse. MR. ANDERSON: Oh, yes, sir, yes, sir. COMMISSIONER MURRAY: That's I guess what I needed to understand, very specific. MR. ANDERSON: Yes, I'm sorry. COMMISSIONER MURRA Y: Okay. CHAIRMAN STRAIN: Okay. Kay we left off with you. Are there any questions of county staff? Mr. Schiffer? COMMISSIONER SCHIFFER: Kay, one thing is I'm really not sure what the advantage of this being a PUD to the county is. I mean, why wouldn't we just go with conventional zoning? Isn't a PUD supposed to demonstrate some sort of creative use of the land, and isn't this just creating regulations for a piece ofland? MS. DESELEM: A PUD can be sought by anyone. Staff reacts to and makes a recommendation based on what's submitted. As long as the requested zoning district is consistent with the Growth Management Plan and meets the intent of the LDC, we're not going to necessarily recommend denial of it based on that. And as far as uniqueness and flcxibility, design flexibility, things like different setbacks are Page 63 1 bcyber 4f08 A5 something you can do in a PUD or at least propose to do that you couldn't do in a conventional zoning district. MR. BELLOWS: For the record, Ray Bellows. I'd just like to make another point on that issue is that the LDC says it encourages, PUD process encourages, but it cannot mandate certain things that are site constraints. Here we have certain site constraints based on the size of the project that limit how much creativity you can get into it. COMMISSIONER SCHIFFER: Well, there's no creativity here other than the fact that they're requesting smaller setbacks, and the height of the C-3 zoning. So I mean, is that creative, you know, let me get a PUD where I can have less setbacks? I mean, I could understand it if they were showing a reason why that made sense because of something creative. But here, this is vacant land, this is a vacant PUD. MS. DESELEM: If! might add to that, in the Golden Gate Estates commercial infill subdistrict of the GMP, it does state, quote, rezone shall be encouraged in the form of a planned unit development, et cetera. COMMISSIONER SCHIFFER: Okay. Then why is staff supporting the five-foot reduction in setbacks? MS. DESELEM: I'm just saying another reason why they're requesting a PUD as opposed to a conventional rezone. COMMISSIONER SCHIFFER: I acccpt that. Why is staff okay with the five-foot reduction in setbacks? This is putting a -- could put -- they could say they never would, but the fact is the regulation states that they could put a 50-foot tall building 64 feet to the actual height 20 feet from a property line on Collier Boulevard. Even though it's bad on any strcet, on Collier Boulevard I think it would even be worse. You're supportive of that? MS. DESELEM: The staff is looking at it from the point of view it was already a zoned PUD. It had sun-setted due to the fact that it had not developed to the intensity necessary to prohibit the sun-setting; therefore, what they were proposing in this PUD is very similar ifnot the samc as what they had originally had proposed and had approved for. And as testified by the applicant's agent, up to this point in time there hadn't been an issue with it. So staff was unaware that there was an issue now. COMMISSIONER SCHIFFER: Well, maybe I'm the first person to notice that as a change. But anyway, you've answered it the best you can. CHAIRMAN STRAIN: Well, before we leave your issue, though, Brad, I think it's important to the applicant to know where you're going to stand on this during the vote, because it could be five feet could mean the difference between a unanimous vote by this commission, possibly, which means summary agenda, or a split vote, which means they go through a full contested hearing in front of the BCC. So I don't know if you're willing to cxpress your coneerns as strong -- COMMISSIONER SCHIFFER: Oh, it would be a no vote if they keep it at 20 feet. CHAIRMAN STRAIN: Okay. And the reason I'm bringing it up is to try to save you guys some effort. Mr. Schiffer's going to vote no if it doesn't get changed. So as in the past, you know how that situation changes things in the dynamics as it goes forward. It's up to you. MR. MULHERE: Yeah, I mean, again, I think this client has done everything the county asked for him, has several times given up right-of-way. We're talking -- the question was asked, what's five-loot. Well, I can answer that same question back, you know, what's five foot. I don't think we're willing to give up that five foot. Thank you. Page 64 December 4, 2008 16/ 1 ~ CHAIRMAN STRAIN: Okay. Are there any other -- Mike, you've got something? MR. BOSI: Just one further thing, clarification for Commissioner Schiffer. One of the reasons, the advantages of utilizing a PUD is this does sit in the Golden Gate Area Master Plan and that has special design restrictions and impositions within the site development plan process that you would -- you wouldn't be able to impart to the reader of a straight zoning -- a straight rezone request. So it does have some advantages. And just one suggestion, and this is probably outside the boundaries of my purview as a growth management planner, but as a potential compromise for the 25 to 20-foot issue, you may want to leave that 20-foot setback but have a restriction, any building over 40 feet would have to be set back half of the distance of the building from the property line. Therefore, if it's over 40 -- if it's over 40, ifit goes to 50, they'd have to go back to that 25, and therefore it will alleviate your concern. COMMISSIONER SCHIFFER: But the reason I don't like that is I don't think the PUD process is a process in which you go in, do a vacant -- when I mean vacant, there's no design, there's no intention shown here -- a vacant PUD and then lessen the requirements of conventional zoning. Obviously if you have a problem with a conventional zoning thing in the PUD process, you can request it and show us why you need it. You know, Bob saying that they gave a right-of-way, the right-of-ways are 30 feet on each side. These are 60-foot right-of-ways. These are small right-of-ways. MR. MULHERE: No, we aetually gave up more than 30 feet on the south, we gave them an additional, some additional right-of-way for the widening of Green. Significant. Like 19 feet. So -- but that's not -- let me just add one thing, Mr. Schiffer, and I think it's kind of important. You know, the PUD process is a two-way street. We have a whole bunch of stipulations in this PUD that if we came in for straight zoning we would not be obliged to provide to you. So it really is a two-way street. And it was already a PUD, and we didn't ask for really anything different except the one use which we've now eliminated. COMMISSIONER SCHIFFER: I agree it's a two-way street. I just don't want you to get too close to the street. CHAIRMAN STRAIN: Are there any other questions of county staff? (No response.) CHAIRMAN STRAIN: Kay, I have just one clarification. Tbe third page of your staffreport, the Exhibit A used there, differs from the Exhibit A in the PUD. I just want to make sure for the record that that third page is not the one we'd be using. We were using the one in the PUD. MS. DESELEM: That is correct. And I apologize for the error. CHAIRMAN STRAIN: That's not much of a problem, I just want to make sure we got clear on it. Okay, is there any public testimony, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: With that, is there any -- well, there's no -- unless you guys want to rebut something that -- I don't know what you would. But with that, we'll close the public hearing and we can entertain a motion. Is there a motion? COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I would make a recommendation for approval for PUDA-Z-2006-AR-10325 (sic) Sungate Center, be forwarded to the BCC. COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: Motion made and seconded. Page 65 December 4, 2008 Discussion? I have a -- COMMISSIONER WOLFLEY: Yes. CHAIRMAN STRAIN: --list of stipulations. Go ahead, Mr. Wolfley. COMMISSIONER WOLFLEY: I was just going to ask-- COMMISSIONER MURRAY: I was going to go by whatever -- okay, as the motion maker I should have made that statement in the first instance. According to staff recommendations. And we would consider recommendations made by the -- by any member of the commission. CHAIRMAN STRAIN: Okay, well, we'll go through the recommendations and you can re-aftirm that they're a part of your motion after you decide that you accept it that way. The recommendations of staff were one or two. So I'm assuming because of the removal of the mini-warehouse, wc are accepting number one but striking nurnber two. And also, when they agreed that they would insert language that there would be no sexually orientated businesses consistent with the Collier County code oflaws. They would omit use number 39, which is thc mini-warehouse use as it's written today. They would drop the word contiguous from Page 4-3, Item H. And they would re-insert SIC Code 4225 for the mini-warehouse only if it is modified as a use allowed in C-3 through a change of the Land Development Code. COMMISSIONER MURRAY: Good. Those are the -- COMMISSIONER WOLFLEY: Second agrees. COMMISSIONER MURRAY: -- ones I remember as well. CHAIRMAN STRAIN: Motion maker accepts those and the second accepts those? COMMISSIONER WOLFLEY: Yes. CHAIRMAN STRAIN: Any further discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? COMMISSIONER SCHIFFER: Aye. CHAIRMAN STRAIN: Motion carries with a 7-1. So with that, we thank you for your cooperation today, and we appreciate the cleaning up of the document and removing the mini-warehouse. That made it a lot simpler. Otherwise, I had a half an hour lengthy discussion to have on just what you violated. 161 1 kS Item #9B - Continued from earlier in the Meeting PETITION: SV-2006-AR-10482 - FAIRWAYS RESORT So let's go back to the Fairways Motel issue, which was Petition SV -2006-AR-I 0482. That was one we started with this morning. It's on Piper Boulevard and Palm River. Mr. Hancock was going to seek a clarification of what the legal address was supposed to be, or legal description, I should say. Page 66 December 4, 2008 MR. HANCOCK: Thank you, Mr. Chairman. First of all, as much as it pains me to admit that Mr. Schiffer was correct, he was. So he has passed his PLS, congratulations. And you can now survey for profit. But the legal description that was provided was for an adjacent easement. What we have done, and I have copies -- actually, I guess I should provide a copy to the court reporter and Mr. Schiffer, as much as everyone else. CHAIRMAN STRAIN: And the County Attorney, especially. MR. HANCOCK: Ms. Ashton has been provided a copy of what is being distributed right now. And in short, the document -- I'll put it on the visualizer. In short, to ensure that there's no potential for confusion, what we've done is we've obtained a signed and notarized agreement from Horse Creek Partners to erect a sign on the property. And Mr. Murray, your comments earlier are still valid. We understand that that is a contractual agreement between Horse Creek Partners and Fairways Resort. And what we've done is wc'vc referenced the same area as the parking agreement and attached the OR book and page with that legal description on it. So the exact same area that the parking easement covers is now the exact same area that the sign easement covers so that the two will marry in perpetuity. And we thought that was the cleanest and easiest way to accomplish that. CHAIRMAN STRAIN: Is this satisfactory to the County Attorney's Office? MS. ASHTON-CICKO: Yes, it is. CHAIRMAN STRAIN: Do we have any questions now that this has been clarified? COMMISSIONER SCHIFFER: Y cah, just a slight point is that the site that you show in the application seems to go westward of the right property line of Palm View Drive. So I think you should correct that before you go to the commission. This description does not include the 40 feet to the west of that line. It doesn't matter because the sign's way off on the other side, so it doesn't affect anything, but just the document you show always show that little 40-foot area which is not included in that legal. MR. HANCOCK: The reason it's not included, and I'm not sure why this happened, but the easement to the west of that point and the easement to the east of that point use a southerly extension of the eastern part of that road going down to a meeting point. It's a little unusual. But the parking has always occurred, and the easement for the parking has always oceurred to the east of thaI. We just tried to mirror it. COMMISSIONER SCHIFFER: My point is don't -- you know, you do have exhibits in here that show land to the west of that line, and just clean it up. I don't think it's going to matter, I guess. MR. HANCOCK: Understood. The two together, the exhibit can't appear like is shows something that the agreement doesn't cover. I understand your point, Mr. Schiffer, and we will have the opportunity -- I bclieve this will have to come back on consent to this body, so we have the opportunity to clean that up. The only other item I would like to mention in a way of putting everything on the record that may assist this body in making a determination is that in addition to the corrected Exhibit B we do request that the staff recommendation of a minimum three-foot setbaek for the sign be reduced to zero. We've discussed that with staff. They don't have a particular concern over that after their site visit. And I'll let you address that with Ms. Gundlach as appropriate. The third item is that as recommended by the CCPC, the sign poles be constructed to closely mimic the existing condition due to the historic aspect of this sign. The fourth item, and this is something that is not in your staff report but that was brought by code enforcement. We are under a current code enforcement action, and we want to make sure that what we do ensures the timely replacement of this sign as soon as possible. And that is the primary concern we have 161 1f{J Page 67 December 4, 2008 heard from the neighbors, other than their support for the hotel. And that is that to ensure the timely replacement ofthe sign, the applicant shall apply for a sign permit within 30 days ofBCC approval and that the sign must be replaced within 60 days of issuance of the sign permit. We're aware that that 60 days is tight, but quite honestly, the sign companies are a little on the eager side these days, so we feel fairly comfortable that that can be accomplished. And the only concern -- the only objection this petition has had from the neighbors is they're tired of looking at the temporary sign, they want to see the new one. And we want them to have the assurance that we're as committed to that as we say we are. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Tim, you wanted to go from the three-foot from the canal right-of-way, whatever that is. The sign would then hang over, the upper part of the sign would hang over into that property. MR. HANCOCK: No, sir, the actual leading edge of the sign is -- COMMISSIONER WOLFLEY: Of the II-foot portion. MR. HANCOCK: That's correct. COMMISSIONER WOLFLEY: Oh, okay. MR. HANCOCK: Not the pole itself but the leading edge would be the measuring point. COMMISSIONER WOLFLEY: You said the pole? MR. HANCOCK: Let's just stick with the leading edge. Try and keep myself out of more trouble. CHAIRMAN STRAIN: Okay, Mr. Kolflat? COMMISSIONER KOLFLA T: Yau said that the neighbors had seen this sign before in another meeting and had seen what the sign looks likc? The sign you proposed had a solid face where the -- not pole part but the support part. MR. HANCOCK: No, sir, I'm sorry, I may have mis-spoke. We have not presented a sign at a neighborhood meeting or anything to that ell'ect, unless Mr. Mirowitz has. What my point is, is that the sign that's there that was historically there we didn't have any complaints about. It's the temporary banner covering that sign that people are concerned about. We thought bringing something back that looked very much like what is there would be to the benefit. But I don't have any input from the neighborhoods as to whether or not they'd rather have that pole cover or two poles. COMMISSIONER KOLFLA T: So we're not redesigning a sign that they haven't seen? MR. HANCOCK: No, sir, not at all. CHAIRMAN STRAIN: Any other questions at this time? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Tim. I think the only thing we need from Nancy is a verification that there's no objection to the dropping number three of your recommendations. MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach for the record from Department of Zoning and Land Development Review. And Mr. Hancock and I did have a convcrsation yesterday about that zero-foot setback from the canal easement line. And I did visit the site last night. And staff is in agreement that the zero feet is appropriate in this situation. CHAIRMAN STRAIN: Great, thank you. Are there any questions of anyone at this timc? (No response.) 161 lkS Page 68 December 4, 2008 CHAIRMAN STRAIN: Are there any public speakers, Ray? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Okay, we can close the public hearing and entertain a motion. If you'd likc, I can go through discussion first to tell you what was just talked about. Obviously we have staff recommendations number one and number two. Number three would be dropped. A new recommendation would be to allow the use of poles in lieu of the wall structure to support the sign. And another one would be the sign permit would be obtained within 30 days after approval by the Board of County Commissioners. And the sign will be installed within 60 days after the sign permit is issued. Mr. Murray? COMMISSIONER MURRAY: I don't know how important it is to you, but I thought Tim made a good point when he said due to the historieal nature of it, the sign representing the poles, based on historical. I don't know if that will have any additional impact or any impact, but I thought that was a good idea. CHAIRMAN STRAIN: That's what I thought the other one -- did you -- that's what I thought I was getting at with that. COMMISSIONER MURRA Y: You just didn't use the word historic, and I just thought maybe that might be meaningful, it might help to convey more effectively what we're attempting to do. Although my view is more of having to do with safety. CHAIRMAN STRAIN: Okay, as far as historic goes, the only thing I'd hate to see is if staff interpreted historic as being similar in color and nature of the poles that were there versus a newer designed pole, maybe even a singular pole, that would be better supportive than multiple poles, so -- COMMISSIONER MURRA Y: Okay, I was just emulating what he was relating to, that's all. CHAIRMAN STRAIN: Tim, do you have a concern either way? MR. HANCOCK: No, sir. COMMISSIONER MURRAY: No, neither do I. CHAIRMAN STRAIN: Okay. Wcll, those are the -- I think the stipulations. Mr. Kolflat? COMMISSIONER KOLFLA T: I'm ready to make a motion. CHAIRMAN STRAIN: Okay, sir. COMMISSIONER KOLFLAT: I would move that we recommend Petition SV-2006-AR-10482, Fairways Resort, for approval, including the stipulations and conditions you cited previously. COMMISSIONER MURRA Y: Second. CHAIRMAN STRAIN: Second by Mr. Murray. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? 161 1~ Page 69 December 4, 2008 (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you for your time today, appreciate it. 161 1~0 Item #10 OLD BUSINESS We have two items left to discuss today. Next items would be old business. The first one is the travel issue introduced by Mr. Schmitt. I'm hoping Ray's got the information on that. MR. BELLOWS: Yes. I believe you were mailed or e-mailed a copy of a letter from the County Manager, Mr. Mudd, indicating there's a new form for travel, mileage reimbursement. I'll put it on the visualizer. In case you did not get it, I'll have it re-sent today and -- with the backup information. This is the new form they want you to use. CHAIRMAN STRAIN: Will staffbe verifYing this? In the sense -- and I hope they would. It's easy to do a Google map from each person's house to the commission. And that's all the taxpayers are being expected to deal with here. And it's got to be when it's over 20 miles, so -- MR. BELLOWS: Correct. COMMISSIONER MURRAY: I have a question in that regard. I listened to that meeting, and I thought I heard -- pretty dam sure I heard that they said to a maximum of 20 miles. CHAIRMAN STRAIN: That would mean Mr. Midney doesn't get anything. I think the opposite-- COMMISSIONER MURRAY: He gcts the maximum 20 miles, period. That was what I understood. CHAIRMAN STRAIN: No. COMMISSIONER MURRAY: I would be glad to be wrong. I would be happy to be wrong -- CHAIRMAN STRAIN: I don't believe that wa~ correct, but -- MR. BELLOWS: Here's the wording, [believe. COMMISSIONER MURRA Y: What does it say? CHAIRMAN STRAIN: Excess of20 miles. MR. BELLOWS: Ycah, it says on November 18th, 2008 the Collier County Board of County Commissioners passed the resolution 2008-341 authorizing the reimbursement of mileage expenses for advisory board members who travel in excess of20 miles -- COMMISSIONER MURRAY: Wonderful. Glad I'm wrong. MR. BELLOWS: -- round trip. CHAIRMAN STRAIN: Thanks, Ray, is that all you needed to discuss on this issue? MR. BELLOWS: Yes, sir. Item #11 NEW BUSINESS CHAIRMAN STRAIN: Okay, then we need to move into our new business, which is Item one, introduced by Mr. SchiIfer concerning boat dock extensions. COMMISSIONER SCHIFFER: And Ray, what it is, watching that meeting -- and I guess maybe staff is going to do something, but there's a concern I have is that it looks like it's split down to two ways in which people are reading this criteria. Page 70 December 4, 2008 16 lIAS One of the concerns I have is that, you know, I think the way that at least I read it, I think by the vote some other people read it, the staff is kind of throwing the Planning Commissioner under the bus and giving the impression to commissioners that we're doing a deficient job. So what are you going to do about that situation with the interpreting of how to do the boat docks extensions? MR. BELLOWS: For the record, Ray Bellows. I don't believe it was intended to imply that the Planning Commission was not doing their job. Certainly the appeal process isn't appealing the decision of staff or the zoning director, but the appeal process is appealing the decision of the Collier County Planning Commission. Whether the executive summary was clear enough on that, I'm not sure. But I will gladly discuss that with the zoning director and see how we can better improve the process. I know we don't do that many boat dock appeals, and it may mean that we need to massage that process a little bit more. COMMISSIONER SCHIFFER: And I think the problem is -- first of all, the commissioners don't see the ones we pass. There are some of us who believe that Collier has a regulation for a dock distance out and that if you can't make that you, number one, at the beginning ofthe process prove that you can't make it. If that's proven, then there's conditions that make sure that you don't violate these other conditions and you can have extensions. We've given extensions, man, I think some of them are in the 70 feet in some shallow areas around Port of the Isles or something. But the problem I havc is that the commissioners I think are definitely under the impression that you have to vote the criteria. So some of us who belicve in a case where you don't need an extension, where you could easily -- or could build a 20-foot dock, we don't need to go through the criteria. And the staff not supporting that, I can remember -- and it's a lengthy meeting for the commissioners, it's a lengthy meeting. We're all wasting a lot of time on this. And the staff isn't proposing that other method. They're definitely saying, you know, like, well, why did the Planning Commissioners do that, why do some of them have only one criteria. And they're just, you know, shrugging their shoulders like they have no idea. But there is a good idea. I mean, some of us don't think that's the appropriate way to do it. So we have to have some form where we actually establish what that code means, and we all behave accordingly. CHAIRMAN STRAIN: Brad, exactly what you just said was the coneern that I came away from that meeting, because we've had different interpretations in how to look at that. And as probably Jeff and Joe will tell you, I spoke to them both after that meeting and said before we bring this back to the Planning Commission there needs to be a consensus from your two departments as to how we're to proceed and how we are supposed to look at it. So I think the answer to your question will be done beforc we even get that back, because it has to be. We cannot hear it again with confusion on what interpretation to use, and the two departments will have to get together on it. COMMISSIONER SCHIFFER: And again, thcre's another point I want to make. The concern is I don't like hearing commissioners, in my case, using my name a~ an example of doing a deficient review when that's not the case. The other thing is, Ray, thc 20-foot, nobody knows whcre that came from. So could we be doing a disservice to the boating community? This is Collier County. Boating is one of the major recreational attractions to Collier. Can you somehow try to figure out why we have a 20-foot requirement? There may be conditions, you know -- in other words, the only reason I'm such a hardball on 20 feet is because that's one of the laws of the land. I mean, it's not up to us to decide whether we like the laws of the land. We shouldn't be doing Page 71 that as a Planning Commission, certainly. So the point is I would like to see somehow maybe we should start looking out to why is it 20 feet. CHAIRMAN STRAIN: Well, that research could be readily done if you were assigned a staff member to go back and historically look at how the boat dock criteria in the LDC evolved. And you may have to go back into the days prior to transcribed minutes, which then poses a problem to give you a distinct answer -- MS. ASHTON-CICKO: Excuse me, Mr. Chair, if! may interject. We did attempt to do that through the County Attorney's Office through Mr. Klatzkow, and we were able to see that it went back at least to 1965 when it was first applied to residential single-family homes. And there was very little. We were not able to come to a conclusion as to the reason for the 20 feet, based on the record. COMMISSIONER SCHIFFER: But maybe that's something we could revisit. That's a long time ago. What's happened to boats, what's happened to the boating community -- I mean, you know, the lifts and all that didn't even exist back when that was made. And I think the biggest problem we have is a lot of people want to swing it perpendicular and put it on a lift. So anyway, Ray, maybe one recommendation is you put together a tcam of people that know boats, that know the industry, and to discuss maybe the 20 feet as a problem, too. Maybe we could have a different kind of default. But I do think giving the impression to the commissioners that you only use the criteria to do a boat thing was a disservice to some of us on the Planning Commission, and some of us went down in vain bccausc of that. And that didn't please me. CHAIRMAN STRAIN: Well, I think what staITneeds to do is if you could provide a historical perspective of the boat dock transformations to the best you can, and probably use the research the County Attorney's Office has done, that will give us a good idea on how we got to where we are today. And I think the interpretation of the criteria has been a bonc of contention for a while now -- COMMISSIONER SCHIFFER: They actually said that if they used the bone of conten -- or used the criteria that would work. I could use the criteria and put a boat 50 feet across the waterway all the way across the waterway because I meet the other criteria but not that one. And by right you're giving the impression that would be allowed. So you do have problems just using the criteria alone. MR. BELLOWS: So if! understand correctly, you're requesting background inIormation on the boat dock -- CHAIRMAN STRAIN: Language. MR. BELLOWS: -- language for a possible LDC amendment where we could address changes to the current LDC requirements that specifY 20 feet as a maximum without requiring an extension -- CHAIRMAN STRAIN: No, I think we're trying to clarifY how they're supposed to be interpreted. I don't think anybody's making a decision here today that 20 feet is right or wrong. There is a concern on how did we get there. But obviously, we've just been told that may not be possiblc to determine that. But lacking that, we ecrtainly want to know that the criteria either has to be adhered to based on other historic discussions of it. When those primary and secondary criteria were formatted there was probably a lot of public discussion, at least several of thc board levels. Does any of that public testimony say how that criteria was supposed to then be adhered to? Was it supposed to be adhered to strictly or was it supposed to be there as consideration and then we're allowed to go outside that? I think that's probably part of the issue we want to know. MR. BELLOWS: Well, definitely that came out oflast Tucsday's board meeting on the appeal. And that's what the County Attorney's Office and the zoning director will be working on clarifying, as well December 4, 2008 16/ 1-kS Page 72 as Mr. Schmitt. Now, in regards to the second part ofthe question, I will be able to do the research, and I'll coordinate with what Heidi's staff has done and we will get you the background of how we got to where we are. CHAIRMAN STRAIN: Okay. And I think if you get it in pieces and give it to us so we can read it as it's developed, that would be helpful. And then we can finally get to a point where this thing will be rescheduled and we have the background we need then to hear it in a manner that the Board of County Commissioners would like us to. COMMISSIONER SCHIFFER: And then most of all, you know, respect the opinion of -- you know, we did do these boat dock extensions, we did give it a lot of time. There are some of us that think the code is clearly written that a 25-foot's requirement (sic). And there are situations where you can't do the 20- foot and it comes before this board. But don't give the commissioners the impression, which you did, that those of us who don't believe we have to list criteria are doing a deficient job. We're not. Those of us who do that realize that there's no problem building a 20-foot dock, thus we don't need to go into the criteria. You should stick with the 20-foot dock, which is the law of the land. Enough said. CHAIRMAN STRAIN: I think the point's made and we'll go from there. Mr. Murray, did you have a -- COMMISSIONER MURRAY: The question was raised about some of the criteria being applicable, multi docks versus single residence docks and so forth. Is it time for those criteria to be reevaluated lor their applicability for whether or not they do convey the proper potential for evaluation? COMMISSIONER KOLFLAT: Here, here. COMMISSIONER MURRA Y: Looking at them, some of it is really subjective. They're supposed to be objective criteria, and they do appear very, very subjective some time. When actually -- MR. BELLOWS: Well, view blocking is definitely a subjective component of it. And some of the discussion during the county commission mecting was make it an administrative process and stick with some objective criteria. But there are always going to be some of those cases where there is the subjectivity involved, and that is where the Planning Commission has historically provided a valuable input on determining this -- some of these subjective criteria. And I think that's why there hasn't been an administrative process, because there are these subjective things. Now, we could always dcsign an administrative process that allows for unlimited dock -- or boat size. You've got to limit it somewhere. And historically that was determined to be 20 feet, and it's been used for at least 30 or 40 years. I think the only thing I can tell you now is I'll get you the background information on the boat docks. Certainly -- I watched the appeal on Tuesday, and I certainly didn't come away with the impression that staff was intentionally leading anyone to believe that the Planning Commission did not adequately review this project. And I'll certainly relay your concerns to the -- COMMISSIONER MURRAY: Well, I'm going to just -- you cut me off. I'm going to tell you that I think that the criteria should be objective. That's in fact what criteria are supposed to be. And they should be as tight as thcy can toward objectivity. And I think some word-smithing may very well be applicable. Commissioner Coyle called into question at least those two that seemed irrelevant, one or the other, depending on the case. So it would makc it a lot easier lor us to evaluate. But I also ask that the person presenting to us has morc commitment to knowledge and more commitment to the actual case at point. Because what I hear often is we got the survey from Joe, we think December 4, 2008 161 1 kS Page 73 December 4, 2008 161 1A-S Joe submitted it, therefore Joe's okay, we go along with that. I'm not satisfied when I hear that, quite frankly. I aecept it because it seems to be the norm. But I don't think it's the ideal. Now, I don't expect people to go out there necessarily. But I do think that we have to have a stronger eommitment from staff so that we can make a more effective decision. Thank you. CHAIRMAN STRAIN: Any other comments before we move on? (No response.) Item #12 PUBLIC COMMENT CHAIRMAN STRAIN: Okay, next item is public comment. And I see there's a public out there. Doug, I know you've got to be sitting there for a reason. MR. FEE: I filled out my slip. CHAIRMAN STRAIN: We don't use slips anymore so you can't speak. MR. FEE: Oh, you don't? CHAIRMAN STRAIN: No, I'm just kidding. After all that time you've waited, go right ahead. COMMISSIONER SCHIFFER: Mark, this is the first time I can remember public comment. What about you? CHAIRMAN STRAIN: Yeah, I remember one othertimc. I think Nancy Payton had a comment years ago. No, but you do know we can't have any motions on stuff that isn't on the agenda. So we're just here for discussion. MR. FEE: Good afternoon. For the record, my name is Doug Fec. I'll try to be brief on this. Speaking of boating, and I know you guys are involved in boat dock extensions and Land Development Code amendments and GMP amendments. What I want to speak about today has to do with Wiggins Pass. Just one of our many estuaries and inlets. What I passed out was -- the first page shows you the FLUE, which indicates in the Delnor- Wiggins State Recreation Area as well as Barefoot Beach State Preserve, you will notice that it is green highlighted, which designates conservation designation. The sccond page, and let me just put this on the visualizer. I don't know that the public would be able to see that, but along the coast there you have a different color than the yellow, which is the urban area. The next thing I want to put on the visualizer is -- it's II by 17, it's the zoning map of this area, of the pass itself. And what you have here, if you can read the map, you have conservation to the south and then you have an area, it does say Wiggins Pass, and then you have conservation to the north. And this is the actual zonmg map. What I then want to do is, the next page that I've given you is some text out of the Land Development Code. And you'll notice there's a letter B that says conservation district CON, which matches the FLUE. I'm just going to briefly read this. It says, the purpose and intent of the conservation district CON is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justifY attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. Page 74 December 4, 2008 All proposals for development in CON district must be subject to rigorous rev!w~o Lsure tlt the AS impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as -- and I won't read the full, but I want to point out that it does mention Delnor-Wiggins State Park. It then further says, it is the intent of the CON district to require review of all development proposed within the CON district to ensure that the inherent value of the county's natural resources is not destroyed or unacceptably altered. The CON district corresponds to and implements the conservation land use designation on the future land use map of Collier County. Then it goes on to say the allowable uses, conditional uses. Now, my point here is right now there's a committee -- there's a subcommittee that has been formed underneath the Coastal Advisory Council. And it's specifically looking into Wiggins Pass and the long-term permitting issues as it relates to dredging and what we're going to do for the future. I had spoken to Gary McAlpin, obviously he's the coastal zone manager, and I had asked him if he had specifically looked at the zoning to the north of the pass and to the south of the pass. This was probably about three weeks ago. He had answered to me, no, I hadn't. And I said, are you going to do that? And he said, well, we probably will do that. And I asked him when he would do it and he said it probably will not be until January. And I said, well, you're expending dollars here at the county level to do some research into this S-curve, or this flood shoal, and shouldn't we really be looking at the zoning ahead of spending these dollars? And he said, well, you've got a point. So I'm coming to you as a public comment. You are the zoning, the Planning Commission here in Collier County. There's obviously an environmental advisory council as well. And I want to attend their meeting under public comment. I'd like to raise the issue. In the Land Development Code it specifically said subject to rigorous review. And you review a lot of things as it relates to water codes. My question would be, is there a possibility that you as the Planning Commission could also review the reports and be a party to that -- you know, so the public ha~ an ability to come here as well as the Environmental Advisory Council? Like I said, there's a discussion of removing S-curve of the pass. And I can point that out. I don't know how many of you know what I'm talking about. I'll point out here Wiggins Pass has a meandering S-curve that comes around herc. This is Barefoot Beach and this is Delnor-Wiggins. You can see this portion right here. They call that a flood shoal. It's distinct on this map. The question becomes, is that under the water or is that an extension of land from Delnor- Wiggins? They want to actually remove this and do a straight channel through the S-curve and take the spoil from this and plug up the curve. A point I'd like to make is when we have done dredging, we've had some erosion on Barefoot Beach. Now the question becomes, is it unacceptable erosion or is it acceptable. And my question would be should we be looking at what the unintended consequences might be of this dredging? So that's basically my point. CHAIRMAN STRAIN: First of all, this is a Planning Commission, we review the LDC and the GMP and apply the rulcs for planning and zoning in Collier County. We interpret those the best we can and make recommendation to the BCC. We get a lot of new information and new reviews by the BCC. Currently we're reviewing the flood plain management ordinance. Wc're reviewing the East of951 horizon study. All those are links to planning, just as this could be linked to planning by simply indicating that this channel will have a load carrying capacity change to it that will affect uplands zoned areas and possibly boat docks and other things Page 75 December 4, 2008 that we touch. It's not up to us though to assign that to ourselves. If you were to make such a request to the BCC either through your commissioner or to them directly, I don't know if this commission has any objection to entertaining anything new that would come along. We would certainly give it our best shot to review it as thoroughly as we possibly can. But we're not able to pick what we review, they assign things to us. MR. FEE: So you're suggesting to go to the commission itself? CHAIRMAN STRAIN: Yes, that's the only people that-- MR. FEE: And spell out -- and maybe they ""ill -- okay. CHAIRMAN STRAIN: They have to remand the process to us, just like they have with the other committees that have been developed, and the outcomes ofthose committees are now coming through us. And they're the best sources to get that to happen. They've been very positive in sending items to us, so most likely it might be something they would entertain as very positive. MR. FEE: Okay. One other quick question, and that is there are NRPA designations on the future land use map, as well as in the Land Development Code. There is a NRP A that is established in the Pelican Bay area. There is not a NRP A up in the Wiggins Pass area. I have gone to the county and have gotten a map ofthe environmentally sensitive land of Pelican Bay, alongside of a map for Wiggins Pass. I will tell you that that map indicates about a two-to-one. In other words, we may have 50 percent more than the Pelican Bay area. I plan on coming back in January to your committee, as well as the EAC to show you this map. My question to you is, I know you're going through an RLSA program right now -- CHAIRMAN STRAIN: That's correct, rural lands-- MR. FEE: -- a review. Does that involve any review ofNRP As out in that area? CHAIRMAN STRAIN: The NRP As in that area, we have an ASC overlay, which is an area of special concern, which is sensitive. We have NRPAs in the Belle Meade to the south, but I think that's in the rural fringe. I don't recall any speciIically in the RLSA offhand, but I can't say for sure there aren't. MR. FEE: Okay. My question would be, if! brought this to your committee and the EAC, is there any way, if you got support at the BCC level, to include that in with any submittal in the future if they deemed that this might be an area that should be considered? How does one go about getting that -- CHAIRMAN STRAIN: Introduce it to the BCC. If thcy told us they want to study the trajectory of Cape Canaveral's shots to the moon, we'd be studying it. But it's -- really, we have to follow their direction. We're here to serve the BCC in whatever manner and capacity they want us to serve in. MR. FEE: So in most cases it's not the Planning Commission that goes to the commissioners and says we want to look into this issue, it's they have to say look into it? CHAIRMAN STRAIN: Right. They remand most of the things that are requested back to us. MR. BELLOWS: For the record, you may also want to check with William Lorenz, the Director of the Environmental Engineering Services -- MR. FEE: Which I have -- MR. BELLOWS: -- see what staff research has been done on this issue and whether they would be willing to look at it further or if they need direction from the board on this. MR. FEE: Okay, that will do it. Thank you. CHAIRMAN STRAIN: Thank you, Doug, appreciate your time as always. I think we're finished with our agenda today. Is there a motion to adjourn? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Motion made by Mr. Vigliotti, seconded by-- 161 1 -kS Page 76 1 (;crber 4f08 As COMMISSIONER VIGLIOTTI: Me again. COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Wolfley. All in favor. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Ayc. COMMISSIONER MLDNEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:04 p.m. COLLIER COUt'l)T ~LANNING COMMISSION . ! / - ! 'C / \ . \.C....~ Mark, train, Chairman These minutes a~ed by the Board on corrected . \.\'Sr()/ , as presented or as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 77 ~~/,) Fiala / \-Ialas \-Ienning Co~le coletta TRANSCRIPT OF THE SPECIAL MEETING OF THE HORIZON STUDY COLLlER COUNTY PLANNING COMMISSION Naples, Florida December 9, 2008 161 1 d December 9,2008 RECEIVED JAN 2 1 2009 Board Of COut I ,', , I 'll.,ornmisSioners LET IT BE REMEMBERED, that the Collier COWlty Planning Commission, in and for the COWlty of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Building "F" of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Karen Homiak Donna Reed-Caron Tor Kolflat (Absent) Paul Midney (Absent) Bob Murray Brad Schiffer (Absent) Robert Vigliotti David J. Wolfley ALSO PRESENT: JeflTey Klatzkow, County Attorney Michael Basi, Comprehensive Planning Manager Thomas Eastman. Real Property Director, School District (absent) Page I Misc. Corres: Date: Item#: Copies to 16' 1 ~ December 9, 2008 CHAIRMAN STRAIN: Good moming, everyone. Welcome to the absolutely packed room of the December 9th Collier County Planning Commission meeting for the review ofthe horizon study. I'm not sure it's a review, but we'll find out what Mike has in store for us as we get into the meeting. If you'll all rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: And Michael, before you start in with your overview, I want to understand. When this was sent to us by the Board of County Commissioners, what was their expectations of what it is that we would be doing for them today? And then having reviewed your staff report, and noticing you asked for three specific points from us, and I've gone through the book and trying to understand how those points can be articulated today, ] would like you to explain to us, and it would be under the recommendation sections, your three paragraphs, each beginning with the word for. Explain to us exactly what you expect as a response out of those paragraphs so we know the direction we should be heading in today. MR. BOSI: Thank you. Good moming, Commission. Mike Bosi with Comprehensive Planning. When the BCC reviewed the Horizon Study on the 29th of September of this year, basically at the end they had asked for comments or recommendations from the planning commission upon this document before the Bee felt that they were able or equipped to make recommendations on the three components of the Horizon Study, within the Horizon Study, as Chairman Strain had indicated. There's three components. One is the public participation phase, which was a two-year effort led by a committee of 15 individuals to go out and conununicate with the public about their preferences in terms oflevel of service for various infrastructure and service providers, as well as what they envisioned the opportunities in some of the areas of concern, as growth moves towards the eastern portion ofthe county. The second component is a bridge study. The bridge study was an effort that resulted from the transportation planning services department's interaction with the Horizon Study committee where they identified the need for increased mobility within the Estates. And from those meetings they developed the bridge study. whicb you'll hear the specifics about. And then finally was the development of the interactive growth model. For each one of these components, we're asking for a specific recommendation. For the growth model we're asking the planning commission to evaluate the value of the growth model to the county and offer a recommendation to the Board of County Commissioners as to whether you see the value of the county to utilize the growth model as an additional planning tool for infrastructure and service provision modeling, not only as part of the AUIR process, which is, you know, the five-year capital improvement programs that are presented on an annual basis to the advisory boards, to the planning commission and to the productivity committee and ultimately decided by the Board of County Commissioners, but also for the long-range planning aspect of the individual infrastructure and service providers department. Within the growth model presentation, you're going to hear ofthe incorporation or an aspect of bringing the land use modeling efforts of the growth model and bringing it to the long-range transportation planning aspects so we can have a little more consistency within our transportation planning and our land use planning on the long-range scale. For the bridge study, the transportation services department is asking for the acceptance -- recommendation of the acceptance of the bridge study. And as the details are contained within that bridge study, wben the funds are available to initiate the construction of the bridges within the priority rankings that you'll see -- and Nick will expand upon the methodology that they utilize to prioritize the bridges and the benefits that each one of those bridges in terms of will provide and how they establish the rankings. And the first portion ofthe report is the public participation process. And within their -- within the public participation process, the committee had identified a nWllber of individual position points that were derived from those series of public meetings over the course of the 24 months, what the committee heard the general public saying that they would like -- or where their concerns were as county government moves forward, the areas that they would like to see county government maybe improve upon or maybe pay more attention to. So within those position points, they're not offered to specifically create a specific policy within the Growth Management Plan or a -- or initiate amendments to the Land Development Code, but they're really -- they're really proffered from the committee to let the Board of County Commissioners, let advisory boards know that this is what the general public was expressing concern about. And as you're deliberating over whether it be an individual land use decision or whether it be an infrastructure project, or whether it be whatever improvement potentially within that eastern land. But remember and take into consideration what the individual public was saying in terms of their areas of concern and their areas that they've identified as opportunities. So those position points really were offered as informational pieces for consideration as you're making decisions on your routine and regular basis. Page 2 161 December 9, lk0 2008 From the planning commission, whether it's an individual endorsement or comment upon each of the position points, that would be dictated by the course that the planning commission would like go. Theire broken down within sections. And how you'd like to handle the fIrst portion of the puhlic participation phase will be the deference ofthe commission. But with that, I guess that's the overview marks. And one thing I will say, and I was speaking to Mr. Vigliotti before, if you look at the report, there's not an aspect or a central component that, well, this is what is we really need to do. I mean, this is -- if we follow this step, we'll ensure that we have a balanced and sustainable future in a community that provides for the needs and the goods that are required for the individuals who live within the area. But there is an underlying tonc. And the underlying tone is communication. One of the things, if you remember, this study. the Horizon Study, it started in 2004. In 2004 the amount of communication and the amount of attention that was paid to the capital improvement programming within this county wasn't at the level that it's at today. So there's been aspects ofirnprovement within the communication, not only between the inter-departments within the county but within departments inside the county and outside the county. And those lines of communication I believe are the central benefit that this Horizon Study will provide, has provided and will provide into the future for the county. One of the -- another example that you're going to hear of, and it hits that communication theme, is the -- one of the greatest unknowns within the eastern portion of the study area was the overlay district. Well, where are those towns and villages going to transpire? If we're going to do a good job of infrastructure modeling and making sure that we are gaining the greatest return on our public investment for where we place these infrastructure projects, we need to know a little bit more certainty towards where these towns and villages are going to come. The Horizon Study and the communication, the lines of communications that have been established or augmented by the Horizon Study has led to the property owners within the eastem lands to provide a little bit more specifIcity towards where they envision those towns and villages to go. Those are the type of benefits I believe that the Horizon Study has provided to the county and will continue to provide to the county. And to me, even though it's not a tangible hard physical aspect, it is something that the county benefIts from. And as you'll hear through all the presentations, especially within Mr. McDaniel's presentation, those lines of communication, the public is very adamant that those lines of communication arc continued. And I know that that's a statement or that's a policy that the planning commission most certainly does endorse. With that, I guess I would offer any questions or -- from the committee regarding some of the remarks that I had just made, or would you like to just go straight to the agenda? CHAIRMAN STRAIN: Well. I know I have a couple of questions of you from a generic viewpoint. I think your explanation was helpful. Because when I read this, I was trying to fInd the recommendations more or less that we normally see, and there weren't recommendations from -- mostly. They were mostly very generic statements about how people think. And most of them were on lines with what I would agree is probably anticipated for out in that area. But there are some that were -- I want to understand the magnitude of this area. You were talking -- this talks about everything east of951. It doesn't necessarily mean just Golden Gate Estates; is that correct? MR. BaSI: Absolutely. And we tried to stress that. CHAIRMAN STRAIN: Okay. Because some of the recommendations and position points are not applicable to Golden Gate Estates in any manner whatsoever. And others may be and written that way. Some don't use the word Estates in them. So then I'm assuming those that I think are inappropriate for the Estates must be because it was other parts of the study area that it was referring to in general. And the also (sic) thing. you mentioned the RLSA. Well, that map that I distributed here at this committee, or this panel what, a month ago, showing the 22 new towns -~ by the way, they aren't towns anymore. I will stand corrected, I got a new memo that says they're traffic centroids, they're not towns, so we don't call them towns. But these 22 new traffic centroids, did the committee take those into consideration or did they have any part of that map? And if not, then what map did they study for the RLSA? Because that's an issue that we've repeatedly been trying to bring up as to a need to understand what the RLSA can and can't do. MR. BaSI: The committee did not have the opportunity to review that map. That map was proffered to the county only about two months ago. The committee had wrapped up their monthly meetings, their last meeting being in September ofthis year. What the committee utilized was the projections and the allocations for where development was going to go, produced by the growth model. What we have done since is taking the projections of the growth model-- and Dr. Van Buskirk will explain much more articulately and technically than myself -- but has taken those centroid traffic nodes. which aren't towns or villages but are I guess the centroid for where they expect the activity to be, which is another name for a town. Page 3 161 1 f!;7 December 9, 2008 CHAIRMAN STRAIN: I'm glad you said that, thank you. COMMISSIONER CARON: Thank you, Mike. MR. BOSI: Have taken those, compared that against the projections ofthe growth model and utilized it as a calibration tool. But no, the -- and what you'll hear in one of the early portions of the struggles of the committee, as Mr. McDaniel will explain, at the beginning part, it was tough to get the public to understand it wasn't just a Golden Gate vetting process. One of the toughest obsticles we had as a staff and as a committee was going out asking what do you want to see in 25 and 30 years for people who aren't here yet; to people who will be here but aren't here? So trying to find out what preferences are for a group of individuals who don't -- who are going to live in an area that right now is for the most part an agricultural community. So trying to stress to the public that it wasn't just the Golden Gate Estates that we're talking about. it was the entire eastern portion of the county. So some of the recommendations you are to focus center upon the Golden Gate Estates. But we've always -- because those were most of the residents who showed up at the meetings were member of the Estates. But we really tried to make sure and pull back whenever those statements came, that this was an encompassing study. CHAIRMAN STRAIN: Well, ifthis model that you're promoting was supposed to predict or show growth pattems in this area to help the committee understand what's going on, why then didn't the model reflect what you got -- what you just saw from the RLSA committee? I mean, what did they use that's different than the model? How better is theirs or how less accurate is theirs versus what this model may produce? MR. BOSI: Well, I will defer to Dr. Van Buskirk for that. But that's like you can't --I couldn't tell you which one's right or which one's 'Nfong. That event's 20 years from now from happening. So the exact manifestation of how that materializes, I couldn't tell you. What I can tell you, that there was very close agreement between what the modeling work had done before the eastern property landowners had provided those 22 centroids and then towards where those locations had been allocated by the eastern property owners. So there was a pretty high degree of agreement between the two projections. So what the committee was utilizing and had worked towards was in agreement with what the RLSA committee had arrived upon. CHAIRMAN STRAIN: So you're saying that the Van Buskirk model that the comprehensive planning department's apparently endorsing, his are the same basically as the Wilson-Miller model that showed the 22 new town traffic centroids out in the eastern lands. That's an interesting correlation. If you all did it independently before they came out and they now have come out with that, that may certainly help this board understand the magnitude of the RLSA changes, ifboth professionals now agree that 22 towns are a likely scenario for occurring out there. MR. BOSI: Well, I have no idea what methodolugy was utilized by the eastern property owners and what Wilson-Miller had utilized to arrive upon those 22 locations. CHAIRMAN STRAIN: But they both got there through some method. MR. BOSI: Exactly. What I know is we provided in the summer -- in the swnmer the growth model was basically completed through interaction and review with the Horizon Study Review Committee. CHAIRMAN STRAIN: Well. that's interesting, because it takes the RLSA comments on that as a worst case scenario more as the most likely scenario for development of the eastern lands. So since two now professionals, one done independently by a non-special interest working with the property owners, saying outside the property owners, came to that same conclusion on their own. Interesting information. So thank you for that. Nick, you jumped to the plate. Are you going to tell us what a traffic centroid is? MR. CASALANGUlDA: For the record, Nick Casalanguida. I don't think that they've come up to the same conclusion. What they've used is the same parameters. In other words, this is your control total. You get "X" amount of units, "Xl! amount of industrial. Dr. Van Buskirk looks at the land availability, and correct me ifl'm wrong, but says you can put these in these locations, because they'll tit. the land would support that. ECPO, the Eastern Collier Property Owners Association, said we have a better feel for what we want to do with our land than just arbitrarily trying to load up the models and using your best guess. Let us provide you this information. I've been asking for that information about six months. As part of the RLSA we want to with compo planning a vision buildup plan and get as much accurate information as we can. That was provided to us to give to Dr. Van Buskirk and say to the Doctor, take a look at it, see if you feel comfortable with what they've said their best guess is. Page 4 16\ 1 Pf;J December 9,2008 So the control totals were the same. So they would use the ultimate same number that Dr. Van Buskirk would use. It's just that locations may vary based on their information versus his. CHAIRMAN STRAIN: It's just a little scarier knowing that two now professionals see the growth out there getting to that climatic point. Because I don't know if we ever were prepared for that until these maps have recently come out. And now a validation of the original map done by a more or less consultant for the special interests out there. So that's an interesting scenario to learn prior to our January 28th meeting. Thank you. MR. BOSI: And with that, would the commission like to move on to the first presentation? CHAIRMAN STRAIN: Unless anybody else has any questions of Mike. I know you'd probably like to get off the hot seat as fast as possible, so -- MR. BOSI: I would like to add one thing. In 2005 -- and the basis for the Horizon Study, the first part within the Horizon Study was projections of cost by each infrastructure and service provider. And those were based upon a 2005 build-out study that was proffered by comprehensive planning. spearheaded by Mr. David Weeks. And he really looked at a maximum extent. What is the maximum extent of development that could go forward, based upon the limitations of the regulations. And what I will say. the amount of development that was projected within that 2005 study was actually a little bit higher than what was projected by the growth model and also the projection from the eastern property -- coalition of property owners. And it's not at criticism of the 2005 study, but what Mr. Weeks did not have, he didn't have an SRA already established -- a number ofSSA's already established to base those projections on the number of credits that could be generated and a number of credits then therefore would be able to be spent. But the first part of that model was based upon a population projection that was done in 2005 that said here's the cost that we have to -- that we're going to have to incur to provide the level of service that we currently have within our GMP. And we identified that we really don't have probably the necessary revenue to completely meet those projected costs. And the study was an effort to start the dialogue to say what are our priorities and how do we make those priorities towards where we're providing the greatest service for within the limited revenue that the county's going to face coming into the future. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: The one 1.000,066 is out now officially and the 950.000 odd is in? MR. BOSI: Neither are officially endorsed. The 2005 build-out study was a projection that still might remain valid. But there's been adjustments based upon historical trends and facts that have allowed us to calibrate those projections downwards a little bit, revise them a little bit. Whether it's the 2005 build-out study or whether it's the growth model projections that ultimately is going to be the more accurate, I can't tell you that officially. We think that we'll refine those projections with the growth model to be more within line with the realities based upon the past trends that we have seen. But whenever you're 25 years out into the future, it becomes pretty cloudy in that respect. COMMISSIONER MURRAY: Well, some of the conclusions reached here and some of the data are not supportable anymore relative to the decline. So we're looking at, you know, something that was a point in time that's no longer valid, and Ijust -- my one question, how much did it cost for the crystal balls that we had to buy for all ofthis? Because you're talking about the east -- I forget the -- EVOC (sic) or whatever it was called. the Eastern-- MR. BOSI: Eastern Property Owners Coalition. COMMISSIONER MURRAY: I never even heard of those people before. Are those people, have they even proffered anything that represents what they project? I know I heard Nick saying they've been waiting for six months, but do we have any -- the reason I ask this question is because you spoke of communication. And when you were asked about RLSA, there's clear evidence there's no communication. Not for lack on your part, I'm not -- MR. BOSI: There is -- when you receive the Phase II report for the RLSA, you'll see a spreadsheet that will have comparisons between what was provided by the growth model, what was provided by the Eastern Properties Owners Coalition. There's comparison, so you can look and see that they've taken all that information into account and they're going to put it forward to you when you're going through that review so you can better evaluate some of the proposed policy changes that are going to come forward during that process. So that information will be presented to you. Actually, I was within a meeting just yesterday with stafTrcviewing the information that's going to be proffered to you, and that type of information is contained within that report. COMMISSIONER MURRAY: All ofthis information ultimately is intended to effect policies, which ultimately effect GMP, which ultimately effect LDC; am I right? MR. BOSI: Correct. COMMISSIONER MURRAY: So we have a broad -- we have a menu to pick from is what you're effectively telling Page 5 16 j 1 December 9,2008 ~ me. MR. BOSI: Absolutely. COMMISSIONER MURRAY: Oh, okay. Then we'll figure out how much the crystal balls cost and buy some here too. CHAIRMAN STRAIN: Mike? MR. BOSI: And with that, 1 will introduce the chairman of the Horizon Study Committee, Mr. Bill McDaniel. CHAIRMAN STRAIN: Who walked in late. We understand. MR. McDANIEL: Did you just say I was late? CHAIRMAN STRAIN: I sure did, Bill. Why not? Someone's got to start this out right. MR. McDANIEL: Good morning, Commissioners. For the record, my name is Bill McDaniel, and I am the Chair of the East of951 Horizon Study Committee. I'm getting some technical instruction on how to run the Power Point presentation. When's it going to pop up on the screen? And if I might address a couple of the comments that Mike made early on in regard to some of your questions, and as is typical, please feel free to interrupt, to ask questions, suggestions as we go through this presentation. This isn't a static presentation, nor is it a static analysis. The dynamics of what are going to occur within our county are such that Mr. Murray, too, in order to ascertain with specificity exactly how many people are going to be able to reside within our community, as you said. the crystal ball is such. And extremely foggy. The realities, Mr. Chainnan, are maturity is coming. And I would like to suggest that we talk more about maturity than a specific build-out time frame. and have a plan for reaching that maturity. That's the impetus behind the East of 951 Horizon Study Committee, the Rural Land Stewardship Overlay Committee, the interactive growth model, which you're going to hear about. These are all planning tools for us to lay the road map to get to maturity. Maturity is inevitably coming. How we get there and what we do interimly (sic) will be impacted by the dynamics that you folks have talked about, the realities of the marketplace, the entire economic circumstances of the global economy that we're all having to deal with. These are all going to have long-term implications as to how and what we do in order to ultimately reach maturity, okay? With that, as a thought process -- and one statement that you made earlier, Mr. Chairman, also is there's opinions about everything with respect to growth and development. Our goal throughout the process in assimilating this information was maximum allowable or maximum attainable populations, not necessarily worst case scenarios. It could necessarily be derived as a worst case scenario, but we were looking to reach to ascertain what our maximum capacities were with the allowable land uses within the existing comprehensive Growth Management Plan and the existing Land Development Code. With that in mind, there are opportunities to effectuate changes in the comprehensive Growth Management Plan, and ultimately into the Land Development Code that will allow capacities in other areas other than just cast of95 I to support the ultimate growth and development that's inevitably going to occur in our community. And I'm not going to -- if it meets your pleasure, I'm not going to read these -- J believe they have a copy in your book. You have a copy ofthe Power Point. CHAIRMAN STRAIN: That would be fine. We can read as-- MR. McDANIEL: Absolutely. Absolutely. Bottom line with respect to our study, there was -- as Mr. Basi shared with you early on, there was a -- David Weeks within our staff did a build-out study that had a time line with specificity and a comparison of the infrastructure necessities that are going to be required in order to ultimately support that build-out or maturity population that would ultimately be here. Utilizing the best data that he had available, he came up with certain parameters, and then ultimately went back to the individual departments within Collier County to ascertain the projected costs associated with those infrastructure necessities. Candidly, those projected costs far exceed the available monies, imagine that, that we have available. So with this information, with this planning, with these planning tools, the funding capacities that arc available to support the construction of the -- did my timing buzzer just go off> I'm good. CHAIRMAN STRAIN: We don't have one of those here. MR. McDANIEL: Okey-dokey. With that in mind, we're going to have to explore alternative funding methodologies in order to support the future growth and development. It's a nice thing to say to let growth pay for growth, but in reality everyone at some stage ofthe game is going to have to share in the expenses of the upcoming growth and development that's coming to our community. And Mr. Strain, this refers to the map that you were talking about. CHAIRMAN STRAIN: No. MR. McDANIEL: Yes. Page 6 16 I 1 ~S December 9, 2008 CHAIRMAN STRAIN: I mean, not the map that I was talking about. MR. McDANIEL: I understand that. This refers to the area with regard to our study. And you brought up an interesting subject, and we the committee were tasked, as you're going to hear in a little bit, with polling the populous that exists east of951, lives -- I shouldn't say just exist, they live east of 951. And truths of the matter are the largest populated fTom a density standpoint area is Golden Gate Estates. So it's inevitable that several of our subject matters and opinions with respect to growth and development in eastern Collier County came fTom those folks that live in Golden Gate Estates. But the entire area land mass east of951 was included in our survey and in our -- as our study area. The truths of the matter are. of that entire land mass some 1.2 odd million acres, approximately 350,000 acres is available for development in support of the growth and development that's ultimately going to occur east of951. And it is encompassed by multi -- I want to -- say maybe jurisdictional is probably a good way to do it. But you've got Golden Gate Estates master plan, you've got the Immokalee overlay, you've got the rural fringe overlay within the comprehensive growtb management plan and you also have the rural land stewardship overlay. Those mecbanisms are out there for -- and attempting to govem what occurs fTom a growth and development standpoint in eastern Collier County. And as Mike said. the exact amount of people is going to be detennined based upon sustainability is the bottom line. And socio- and political decisions that we implement today or going forward based upon the best available infonnation. Round numbers, whether it's 950,000 or 1,200,000 really is not necessarily the specific case for today. The bottom line is, is the growth and development is inevitably coming to our area and we have to plan. Ifwe don't plan, then as the adage goes, we can then plan to fail. And we'll have a heck of a time on our hands supporting the ultimate growth and development that's coming to our community. Ifthese projections are in fact correct, and I believe them to be, at least at best sustainable with the infonnation that we have, the populous, this million some odd people that are ultimately going to be here in Collier County, approximately 70 percent of them are going to reside east of951. Which you're going to see a shift from the -- what we now currently designate as the urban area into the marc rural area. And that is part and parcel to what came about from our study. Here's the population breakdowns, a'i best as we can. And this again outlines the four major governing groups, if you will: The Immokalee overlay, the rural land stewardship overlay, the rural fTinge and then ultimately Golden Gate Estates, and the estimates of the populations within those areas. And this goes back to what we talked about at the beginning. The bottom line is there is an expense associated with growth and development, and we need to today start to explore altemative funding methods for sources of payment for the capital improvements that arc going to be required to support and sustain the growth and development that's inevitably coming to our community. The commission was made aware ofthis -- the Board of County Commissioners was made aware of this, and that was what motivated them to establish the East of 951 Horizon Study Committee, who were then sent out to hold public meetings and poll the folks that live out there to ascertain what level of service they were looking to have provided to them. And there's your committee right there, made up of a very interesting group. I had an opportunity to spend what, two plus years with these folks. A lot of different ideas, a lot of different thought processes and community leaders fTom all over our county. Not just large landowners, but folks that like me are just regular people that like to bave a thought and a say-so. And as I shared with you earlier on, we were tasked with these particular duties to go out and poll the public tbat reside east of 951. And I believe as per the charge from the county commission, that our committee fulfilled those tasks that we were sent off to do. Our report today will summarize the findings of the polling, the community meetings that we had, the public vetting sessions that we had, and ultimately have hopefully assisting (sic) you in implementing the interactive growth model, ultimately impacting the Comprebensive Growth Management Plan and then flowing tbrough to the Land Development Code. We offer up position points for consideration for the Board ofCoW1ty Commissioners, and they basically come as follows. The interactive growth model is one of the most phenomenal planning tools that I've had the opportunity to experience and have a review of. It is an W1believably dynamic piece of work. It takes into account so many things that are going to allow us to provide a plan that has fiscal responsibility, that has accountability to appropriate the dollars for the infTastructure. And as you said, Mr. Chair, early on, I mean, there's a lot of information that's flowing out now through these individual committees. But with this model we're going to be able to ascertain from a timing standpoint a proactive status for the ultimate growth and development that's coming to our commW1ity. These are some of the things that we did in the two-year process. The last three things I'd like to call your attention to there. We had what we felt was a high success rate. We polled some 2,100 household in the area of our study area and received just shy 000 percent response, which -- COMMISSIONER MURRAY: Wboa. Page 7 161 1 ~ December 9,2008 MR. McDANIEL: Yeah. CHAIRMAN STRAIN: Do you know how many of that was from Estates people? And the reason is, if this study was supposed to be more than just Golden Gate Estates -- and I'm reading it and it seems really focused on Golden Gate Estates, which I have no problem with since I live there. But I would really be more concerned that the other parts of the county who are part of this had an equivalent balance of say-so in your public participation. MR. MOHLKE: They did. And I will comment on that CHAIRMAN STRAIN: Mr. Mohlke, you know better than -- you've got to be at the speaker, you've got to identifY yourself in the front of the room, so please refrain from any comments from the audience at this time. Do you have any idea what that is" MR. McDANIEL: On a percentage basis, not off the top of my head, Mr. Chairman. I can share with you, though. that there was an effort to be equitable with the responses and how we acquired the information from the folks that live in eastern Collier County. I mean. and Mr. Mohlke, when he does come up, will I'm sure be able to give you the exact percentages on the responses. And as I shared with you. it's inevitable. I mean, we -- I can assure you personally that we made an effort to not have this process be another Golden Gate Estates master planning committee. I mean, we were vel)' considerate with respect to -- but also being aware that your highest populous, your greatest density of people residing east of951 are within the already subdivided and set up Golden Gate Estates, so -- CHAIRMAN STRAIN: But that's just temporary. Because based on the chart that you just had here, the RLSA section of the county will far surpass Golden Gate Estates in population. MR. McDANIEL: Absolutely. Absolutely. Without a doubt. But on the same token, our charge -- and we had a rather interesting adventure, but our charge was to poll the folks that live east of951 and ascertain the level of services that are going to ultimately be required by that group. And as Mr. Bosi shared with you, the majority of them aren't here yet. So we did the best we could with what we had to work with, and endeavor to not have this be another Golden Gate Estates master planning committee. So again, these are -- I'm going to get into the position points here. CHAIRMAN STRAIN: And I wish to -- I don't mean to keep interrupting you, but -- MR. McDANIEL: No, please -- CHAtRMAN STRAIN: -- I want to make sure we're being-- MR. McDANIEL: -- I asked you to early on. CHAIRMAN STRAIN: -- as productive as possible as we move forward. It seems in Mr. Bosi's discussion with us in the beginning, one of his recommendations was for the public participation process. The committee requests that the CCPC make a recommendation on the individual position points advanced by the Horizon Study committee when appropriate. And there's three pages of those. And based on what you're heading into, it looks like you're going to bring up those issues now. And I was wondering if we want to take them as we go through them now, ask questions about them. I'm not sure we want to take a position on them till the end of the meeting, but at least we will have our questions up front and done while you're trying to discuss them with us. Does that work for you, Bill? MR. McDANIEL: I'm all over it. That's fine with me, sir. CHAIRMAN STRAIN: Okay. It will take a little longer for you to be up there. but if you don't mind, it might expedite the process. MR. McDANIEL: Mike was kind enough to bring me a cup of water, so I shouldn't run out of too much wind. CHAIRMAN STRAIN: So what I'll do is if you don't mind, at the -- each time you get through with a couple bullets, I'll ask for comments from the panel. MR. McDANIEL: And that's fine. And please. I welcome those -- this interactivity. I mean, you folks are going to be an integral part of the ultimate growth and development that comes to our community as anything. And with that water, there was in fact an overwhelming opinion there that the extension of utilities into Golden Gate Estates is not a warranted or required or even a necessity at this particular stage. There were experts that were brought in, and to the best -- with the best available information that we had there was no need for the extension of water and sewer into the Golden Gate Estates area. There was a concern -- CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, you said there were experts brought in? MR. McDANIEL: From Collier County. And then we had on -- COMMISSIONER CARON: Water and Wastewater? MR. McDANIEL: Yes, ma'am. Page 8 Dece!~r~, 20J8~ COMMISSIONER CARON: They were brought in and they are telling us that based on build-out for the Estates there still is no need -- it's not a health, safety, welfare issue, we don't need to put water and sewer in the Estates. MR. McDANIEL: At this particular time with the information that we have available to you, that is a correct statement, yes, ma'am. There are opinions that are -- that folks have that ultimately could have an influence on that, but the information that we have available to us at this particular stage, there is no health. safety and welfare issues in regard to that. COMMtSStONER CARON: Thank you. CHAIRMAN STRAIN: And Bill, while we're on this subject, about a month ago in front of the Board of County Commissioners under a citizen1s request, a gentleman spoke through an interpreter to the commissioners asking why when he lives in Golden Gate Estates he was charged, I think he said. $6.000 for water and sewer impact fees when there's no water and sewer available out there. And I wholeheartedly agree with the gentleman's position. He says why can't I have my money given back to me. And of course the board was given an elaborate excuse that because the water and sewer district boundaries were shown east of 95 I that by law the water and sewer district could ask for impact fees, even though they are clearly never going to use them within the I O-year time frame. And the commission clearly did not favor having those impact fees apply, but they were convinced by the water department that those fees were needed, by state statute. My suggestion, I was wondering if your board would have taken this up, is that if this is a true statement in regards to the fact nobody out there really wants water and sewer -- I shouldn't say nobody, but the majority -- and from what I saw on the board that the day, not one of the board members expected that to happen within a 10 or a 20-year time frame. They didn't see it either. Would your board consider recommending a reduction of the water and sewer boundary lines back to the 95 I corridor demarcation point instead of going out into the Estates to provide an excuse to collect fees that will never be used? That's a leading question. MR. McDANIEL: Boy. That's an understatement. And I'm going to say this, Mr. Chairman, with respect to that: You're talking about specificities in regard -- and granted, ultimately we're going to have -- this information that is being provided to you is ultimately going to have impacts on the Comprehensive Growth Management Plan and ultimately the LDC. That was -- the question that you specially asked was clearly outside the guise of our charge in regard to utilization of impact fees. But it does bode the question of ultimate funding sources. I can say, ultimately to answer your question, we still are in existence, the committee, for about five more days. So we're about done. CHAIRMAN STRAIN: And Bill, I -- let me tell you something too. When I read this, being on this panel for the length of time I have been, I always look for very specific issues and recommendations. I was a little frustrated after reading this, because it really isn't specific. And now that it was explained to us this moming by Mr. Bosi and as well as yourself, this is more of a generic expression of the mindset ofthose living east of95 I. MR. McDANIEL: Correct. CHAIRMAN STRAIN: I really need to step back and figure out a different context in which to understand this at. So 1 guess in reaction to some of these, maybe the planning commission could recommend to the Bee considerations that these are purely more esoteric comments ofthe people's feelings out there than it is of specific changes to anything in particular. MR. McDANIEL: And agreed. And if you go back to the actual charge that was given to this committee by the Board of County Commissioners, that's what we were charged to do. The -- right. And with that, and Mike just reminded me, and again, it's a two-year process that we went through here in order to be here today to offer you this presentation. We were very, very careful to stay away from specific recommendations with regard to the Comprehensive Growth Management Plan or with regard to the LDC. Our goal, our charge was to poll the populous to ascertain the viewpoint of the level of services that were to be provided in eastern Collier County, not to actually decide whether or 110t one particular fee structure was fair or not. CHAIRMAN STRAIN: Ms. Carono COMMISStONER CARON: Yeah, I need to go back-- MR. McDANIEL: Okay. COMMtSSlONER CARON: -- to my original question. Because everybody here knows that there's a difference between the water/sewer boundary and the east of951 boundaries, did Water and Sewer tell you that at build-out for the Estates Page 9 16 I 1+\5 December 9, 2008 there would still be no need for water and sewer? MR. BOSI: Pbil Gramatges from public utilities offered no comment upon that issue. Strictly what utilities was charged to do was to look out, study what was the cost of extending the water and wastewater to the Estates that are in the district boundary but are currently not provided wastewater water. They identified a price tag of $111 ,000 per parcel for the extension of that water -- of that service. They-- COMMISSIONER CARON: They made no comment on whether that was going to be-- MR. BOSI: At the public meetings, the majority of the public said we do not want that price tag raised. But what they did express in the last two meetings, there is concern. Whether -- there's not a study as to full build-out. There is some concern from the residents out there about potentially having an influence from ultimate build-out to the availability of wastewater and water. So there is -- there is some concern. And as you'll see within the second bullet point and the third bullet point in water, there is a component ofthe public that is somewhat concerned about the long-tenn viability of the system. And between utilities, between the health department, you know, the DEP, there was a suggestion that potentially we need to get these groups together and look at this subject in a little bit more intensive manner. CHAIRMAN STRAIN: Yeah, but Mike, having followup to you and then Mr. Murray. I've lived out there 30 years, and you're right, we have some concerns about water, but it's not the use of the water we're doing, it's the use of the water that's being sucked out of the ground that's lowering our water table, causing higher droughts and more fires out there and our wells going dry because all the cities and municipalities are taking our water. So that's our concern. MR. BOSI: And that was a concern. CHAIRMAN STRAIN: Okay, Mr. Murray" COMMISSIONER MURRAY: Boy, the scope of this is really juicy. First of all, I'm not sure that we can effectively make a reconunendation on several points without really breaking it into increments oftime. Because this is all relatable to time. For instance, in terms of water and wastewater, those who are not here yet will want services and will need services, clean water and sewer. Otherwise, we poison the ground. And they're not here to talk about it. So we have on the one hand you're seeking the infonnation from persons who are living here, those are the ones you have to work with, about what the future will be, and they haven't got a clue. And then we have a group of I guess some people in government who are indicating whatever they're indicating. And I find it too open-ended, quite frankly. MR. McDANIEL: And if I may interrupt you. COMMISSIONER MURRAY: Sure. MR. McDANIEL: And it's very specific. It was the folks that we spoke with in the Golden Gate Estates area that currently live there today. There was an overwhelming resounding no to the extension of utilities into Golden Gate Estates. The other areas that are encompassed within our study area, the lmmokalee overlay, the rural fringe overlay, the rural lands stewardship overlay, those bodies, from the best that I've been able to ascertain, are required to have clean sewer, central water, clean water, clean sewer systems that are provided within their development codes before they can ever go to the dance-- COMMISSIONER MURRAY: Okay. and I think I understand that. But that would leave this very large tract of land, although parceled for single-family residents and a few commercial enterprises effectively absent any kind of sanitary sewer and freshwater other than pwnped from the ground, correct" MR. McDANIEL: At this particular stage, yes, sir. COMMISSIONER MURRAY: Okay. Well, that's the point I'm trying to get to, this particular stage. I just got the impress that ad infinitum these people generally and anticipatorily people who will come and occupy will also have the same mindset, which I doubt. MR. McDANIEL: At the expense that's associated with the extension out there. unless there's a proven methodology or a proven issue with respect to the sanitary capacities of providing clean water for the folks, I can assure you that there will be a resounding no to the extension of the Estates-- COMMISSIONER MURRAY: Well, I recognize that individuals will express their preferences to avoid cost and certainly satisfaction with what exists. But it would not be unusual for a government to subordinate that and say you cannot have an unhealthy system. MR. McDANIEL: Of course. Now, if there's information -- COMMISSIONER MURRAY: So t think that has to be part of this. MR. McDANIEL: Well, at this particular stage it can be part of this. It wasn't part of what the East of951 Horizon Study committee was charged with. We were charged with ascertaining as to whether or not the folks that currently live there today would be in favor of and support the installation of utilities in that area. COMMISSIONER MURRAY: I appreciate that, sir, but we're going out to 2055 on this study. Page ] 0 16 I 1 A? December 9, 2008 MR. McDANIEL: We're going out to a time that is yet to be determined. COMMISSIONER MURRAY: Right. MR. McDANIEL: The maturity of what's involved in the growth and development of eastem Collier County. And as I shared with you at the beginning of this, there's a lot of information yet to be ascertained. There may be a new technology that none of us are ultimately aware of that will assist us in determining the impacts of the sewer and septic systems that exist in Golden Gate Estates that we don't even know about yet. COMMISSIONER MURRAY: Well. I'm not going to try to make a determination on what may be in the future when I know something exists today. All I'm saying is how much weight -- and you're strong about this, you're saying the weight of those who have answered today with regard to the future with regard to water and sewer are the dominating lorce and that the judgments, that's the inference I'm getting, the judgments that we're supposed to align with is that that's okay. And I find it extremely difficult to accept that premise. So that's going to be a real sticking point for me. It was when I read this. You know, we build latrines in the service because we know better, right? MR. McDANIEL: And Mr. MWTay, you bring up a very good point. COMMISSIONER MURRAY: Thank you. MR. McDANIEL: But if! may, again, the global aspect of what's been encompassed by the East of951 Horizon Study committee was utilization of the information that we have available to us today and the polling of the folks that live in the study area. And as I shared with you at the beginning, by populous, by density, the large majority of those lolks live in the Golden Gate Estates. It's the platted plotted subdivision that cWTently exists out there. CHAIRMAN STRAIN: Mr. Vigliotti" MR. McDANIEL: As we go forward, better and more information will come about. And I'm sure that if it's ultimately determined that there is a health, safety and welfare impacts (sic) that are derived from the septic systems, we the community will make the necessary adjustments accordingly. CHAIRMAN STRAIN: Mr. Vigliotti" COMMISSIONER VIGLIOTTI: Mike, I have a question; I don't know if you can answer this. But you had mentioned that Phil had mentioned I ) 0.000 per parcel" MR. McDANIEL: Yes, sir. that's correct. COMMISSIONER VtGLIOTTI: Parcel being what, quarter acre versus a hundred acre? MR. McDANIEL: It was on a per unit basis, irrespective of the size ofthe property. Because Golden Gate Estates has very specific densities that are allowed within the parcels. So it was a per parcel, not a per land mass. CHAIRMAN STRAIN: Did anybody in your discussions with your group, did anybody bring any testimony forward or any discussion forward that the septic systems or water systems out there in the Estates were unhealthy in any manner whatsoever? MR. McDANIEL: Not that I have any recall on, Mr. Chair. CHAIRMAN STRAIN: Thank you. )'ve lived there 30 years and I can tell. from a fact I can tell you that's not the case. MR. McDANIEL: I agree. CHAIRMAN STRAIN: Thank you. MR. McDANIEL: And as Mr. MWTay spoke of, as time goes on and more people ultimately reside in the area, and there are larger demands on our entire ecosystem and resources that are available to support the growth and development and ultimate new technologies, we way be able to determine and have new information that will better assist us in making those decisions. COMMISSIONER MURRAY: And t would just add, quite frankly, you can't use the past to prove the future. MR. McDANIEL: Well, I'm going to go to the next slide. And I skipped the last paragraph there. But one of the suggestions that the committee would like to have as a recommendation is there were some concerns with the rehydration of the -- I backed up on you there -- the rehydration and restoration of the eastern Golden Gate Estates and Everglades. There's been some flooding concerns that have arisen with closure of canals and manipulation of water in eastern Collier County, and we would -- it was suggested that an independent study be utilized to ascertain the impacts of what's going on out there. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Did your committee set up any criteria that you wanted looked at specifically? MR. McDANIEL: No, ma'am. It was -- the issue was raised. And it was ultimately part of our report. And other than the fact that we thought that an independent hydrogeologist should be involved with respect to those impacts, there was no real parameters established. Page 11 161 1 ~ December 9, 2008 There is an issue -- and I believe, Mike, when you and I met -- there is an issue with ultimate availability of sustainable potable water for the community at large. And I think -- has that information been ultimately determined as to what capacities we have? That's a really good recommendation that could go to the Board of County Commissioners. And it's abnost a bottom up analysis, but a determination of our availability -- the availability to provide potable water to eastem Collier County and ultimately sustain whatever population that ultimately is going to be residing here is a huge question. CHAIRMAN STRAIN: Ms. Caron? COMMISStONER CARON: Why we have wasted time, money and effort on any of these other studies without doing that one first still boggles my mind. CHAIRMAN STRAIN: Okay. Bill, I think we had fun with water. The next one ought to be a lot more fun. transportation. Nick's -- MR. McDANIEL: There you go, transportation. One of the things that was brought up and vetted through our committee was the installation of a bridge network in the eastern Collier County to assist with the emergency medical services to provide better care and assistance to the folks that reside in eastem Collier County. The bottom line determination, and I think you folks have all seen that ultimate bridge study that transportation, Nick and Lisa, put together for eastern Collier County. Big picture, multiple bridge locations without negative impacts to a few to support the many is the bottom-line decision that was arrived at. As far as the physical road structures go, functionality is the key to success. The folks in eastern Collier County aren't really looking for an urban cross-section. A rural cross-section will more than do. Multi-use paths, sidewalks and bicycle paths on the same path. Reduced expense. Provide functionality. Maintain lighting to major intersections to assist -- because as one ofthe resounding statements that came from the folks that live out there is they want to maintain the rural characteristics of eastern Collier County, and the ambient lighting is certainly an issue and observance of the dark skies policies are what we're looking for. COMMISSIONER MURRAY: Sure. MR. McDANIEL: Any questions there? (No response.) MR. McDANIEL: Again, this is just a reiteration of what I shared with you. The bottom line is rural cross-sections, functionality, cost effectiveness, multi-use paths for both pedestrians and bicycles. CHAIRMAN STRAIN: Bill, before you go on that one, the bottom one, the future roads in the RSLA, the rural cross-section design shall be the tirst option considered. MR. McDANIEL: Correct. CHAIRMAN STRAIN: I'm trying to understand what you mean by that. Because there are a lot of roads going in the rural area. For example, Oil Well Road's going in right now. Is that a rural cross-section? MR. McDANIEL: No, sir. CHAIRMAN STRAIN: Okay. What did you mean by that? Because the rural lands that are being brought in to us for discussion and all these tovvn traffic centroids that are going to go in out there are being done by developers. And generally when the development community does something now, they're required to have all the amenities, water, sewer and roads, and roads have to be up to our standard. So I'm wondering if this recommendation as it materializes into a GMP or LDC would counter the standards we utilize or would be used to counter the requirements we utilize for a full road system as we currently do for subdivisions that are brought in through development processes. MR. McDANIEL: And I'm going to suggest that -- remembering the ultimate charge of the East of95I Horizon Study. We had a very viable interactive public session with transportation. Nick and his group did a phenomenal job. It was a touchy-feely hands-on you build your road systems and then back into the expense and the capital requirements requisites in order to get the road systems in place. And the resounding statement across the board was the rural cross-section was the best suited for our particular area. Now, whether that's ultimately going to be in contradiction -- probably is going to be in contradiction with some of the standards that have been established to date. But it's ultimately adjustments are going to be requisite there in order to facilitate that. CHAIRMAN STRAIN: Nick was indicating he'd like to say something, if you don't mind. MR. CASALANGUIDA: The comments that Mr. McDaniel -- I can echo them to a certain extent. What they said was the roads that were on the map that were more outlined on the urban area for future urban Immokalee, make them a rural type section, we'll say pathways and open drainage. Page 12 16 lIAS December 9, 2008 And there were comments that as you come into the downtown to increase the amenities a little bit in downtown, you know, Immokalee or surrounding that would, you know, support where there were more densities. But his comments are correct, to go to a more rural cross-section with more limited amenities. They all agree to a base line amenity like a multi-use path in that rural section was supported. And as you get towards that downtown area, to consider putting sidewalks on both sides as needed. CHAIRMAN STRAIN: Then Nick, is this to assume then that when we get reviews of, say. Big Cypress, because I know that's the one coming up, the cross-section of the roads that can be utilized in the Big Cypress town would be a rural cross-section? MR. CASALANGUlDA: And for that it wouldn't make sense, because they're a downtown area. That road network that they're going to build is going to be a downtown shopping commercial area, so you'd want an urban section in there. CHAIRMAN STRAIN: Okay. So if this evolves into some kind of process that implements new language in our codes, I'm assuming then that those definitions of when it applies and when it does not will be clearly defined. MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: Because general statements like that could be used by some to provide less intense needs for expenditures in the rural area if they wanted to, when that may not be the intent that your department may have had. MR. CASALANGUIDA: One road to SR 29 bypass, if that comes to fruition. That was a strong resounding make it a rural section. Don't need to put a lot of amenities on that road. It's primarily a carrier facility from around, so don't put the bells and whistles on that. CHAIRMAN STRAIN: Gotcha. Mr. Murray? COMMISSIONER MURRAY: Just for my clarity, because I know he's quite familiar with all these details and I am not. But do I understand you to say that we have a rural road, that means that there would be no bike path on it? MR. CASALANGUIDA: You'd a paved shoulder on a rural road and you might have a one multi-use path on one side. COMMISSIONER MlJRRA Y: Okay. But we do have facility for people who are on bicycles or walking-- MR. CASALANGUIDA: Yes. COMMISSIONER MURRAY: -- to be able to safely traverse that road. MR. CASALANGlJIDA: Yes. COMMISSIONER MURRAY: That's all I-- MR. CASALANGUIDA: Your urban section might have bike paths on both-- COMMISSIONER MURRAY: And I understand the balance of the rest of it. MR. CASALANGUIDA: Good. COMMISSIONER MURRAY: Thank you. MR. McDANIEL: Thank you, Nick. That was a fine clarification there. Any questions on the road systems that we talked about? (No response.) MR. McDANIEL: One of the things that came out during the transportation process was ultimate land use changes in the rural area of Collier County to effectuate providing services for the folks that live out there to reduce trip times, impacts on the level of service of the infrastructure, the road systems that we currently have in place. We were very carefuL And during the one-year review process, I came and gave an update to the Board of County Commissioners, and one of the commissioners asked me with specificity with about the loop road that Nick just recently mentioned. We were very careful to stay away from specificities in our study as to whether or not the loop road's a good thing or not; whether or not an expansion of a one particular commercial node is better than another. Only to the extent that a review ofthe services that are provided for the folks that live in eastern Collier County is a must And utilization of this interactive growth model is going to assist us in promoting land use changes in eastern Collier County that are going to better service that community and ultimately reduce the impacts on our road systems. CHAIRMAN STRAIN: Bill, that last sentence you have here, and I'mjust curious, this is one of the sentences that kind of got me trying to figure out what it was your committee was doing. I now know better, but that last sentence triggered it The public has expressed a need for more consideration of emergency evacuation routes and future roadway planning. Any member of the public and any piece of anywhere of any living piece of Collier County is going to have that same sentiment. What made it so different that it had to be included in your report? That's a given, I would think, for all of us living in a hurricane zone. And I just saw that and I couldn't figure out what the purpose of it was, other than saying the obvious. COMMISSIONER MURRAY: He was saying the obvious. MR. McDANIEL: That we were saying the obvious. Page 13 DeJm~eJ 9, 2JoS k':J COMMISSIONER MURRAY: That's what it seemed like. MR. McDANIEL: And with that, again, it's not a new thing, Mr. Chairman. I mean, it's something that is a necessity. There is a deficit in transportation systems in eastern Collier County. And as the populous grows, as the shift from the current designated urban area is moved into the rural area, there will be impacts associated with the ability to move our people and do evacuations. And so, you know, it was a statement of the obvious. But on the same token, it is part of the process of the shift of your population moving to the more rural areas. CHAIRMAN STRAIN: Okay. MR. McDANIEL: And I must say this: You know -- CHAIRMAN STRAIN: I don't disagree with the statement, I just kind of thought it was odd to see it there. MR. McDANIEL: It's not anything to disagree with. If you were concerned about what we were actually doing, I wish you would have called me a couple of years ago, I probably could have helped line you up a little bit more on what we were actually all about. CHAIRMAN STRAIN: You can only do so many committees, Bill. MR. McDANtEL: No doubt. CHAtRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Bill, do you feel that the bridges are an important part of the evacuation or more for the EMS and fire department and so on? MR. McDANIEL: Yes. COMMISSIONER WOLFLEY: Which? MR. McDANIEL: Yes. Both. There was-- COMMISSIONER WOLFLEY: I had a follow-up, too. MR. McDANIEL: Do what? COMMISSIONER WOLFLEY: I had a follow-up too. but go ahead. MR. McDANIEL: Okay. But getting me to pick is going to be a difficult thing. And you have to understand, I have a lot of opinions. I have lived in eastern Collier County the majority of my life and I'm endeavoring to speak for and on behalf of the committee as the chair person of the committee and not necessarily interject my personal thought processes. So there are health and safety issues that travel around residing in rural Collier County. And one of the fellows from the emergency medical services talked about what level of service is that is satisfactory. If you're the fellow that's laying there and can't catch your breath, having a heart attack, three to four-minute response time is too long. But on the same token, if you fell off your bike and broke your ann, what's an acceptable level of service? The realities are the Golden Gate Estates area is predominately where we're talking about the installation of the bridges. There are some easily ascertainable, just on a viewpoint. holes in the transportation network out there, and we feel that those bridges can help fill those holes. COMMISSIONER WOLFLEY: And in all of your community meetings, the people that live on the roads where the bridges are proposed, what were their feelings of those? MR. McDANIEL: Basic sentiment was we didn't want to travel down the happy path that we did when we interconnected. I think it was 23rd-- COMMISSIONER WOLFLEY: 13th" MR. McDANIEL: 13th. COMMISSIONER WOLFLEY: Was it 13th? MR. McDANIEL: 13th or 15th, whatever street that was out there in Golden Gate Estates. We didn't want to travel down that happy path. Actually. one of the commission -- or one of the committee people, Christian Spilker (phonetic), lives on one of those designated streets and received the notices, attended the public meetings. There was quite a bit of public vetting that went on. And ultimately the bottom line is if the greater good is going to be served, and it's not just going to be a hodgepodge or stick one in here, that sort of thing, the necessity for having multiple bridges will release the pressures from one particular area, one particular street and those impacts on those folks. COMMISSIONER WOLFLEY: Okay, thank you. MR. McDANIEL: You're welcome. Fire suppression. One of the overwhelming viewpoints was some extension of fire suppression into the eastern Collier County will be a huge benefit to the ma"ses, to a lot of folks that live out there. The suggestion of a well-fed draw type hydrants in lieu of the very expensive loop system was a suggestion. And ultimately placing of hydrants along the existing raw mains that are currently out there would help facilitate fire suppression in Page 14 161 1 117 December 9,1008 eastern Collier County, more specifically in Golden Gate Estates. Yes, ma'am? CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: And you had the tire district out there to speak to your group and were there -- were they fairly simpatico or notO MR. McDANIEL: Were they fairly what? I didn't hear you. COMMISSIONER CARON: Were they fairly simpatico on-- MR. McDANIEL: Yes, ma'am. COMMISSIONER CARON: -- that kind of-- MR. McDANIEL: Yes, ma'am. Again, there is an issue with fire suppression in the Estates area. A lot of the communities that are going to come along in the rural fringe and the rural land stewardship area will have those services available to them within those individual comrnW1ities, and that will ultimately assist in the fire suppression in the Estates proper. But currently right now other than swimming pools, there's not a lot in Golden Gate Estates. And we've had those issues with insurance in eastern Collier County, more specifically the Estates. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah. Just from clarity, raw water in this case is water drawn from the well going -- and we're talking about -- MR. McDANIEL: The actual water mains that come from Collier County into -- COMMISSIONER MURRAY: Right, in that-- MR. McDANIEL: -- and along our canal, that's correct. COMMISSIONER MURRAY: -- area intended to be brought in for processing. MR. McDANIEL: That's correct. COMMISSIONER MURRAY: So those are large pipes. MR. McDANIEL: Yes, sir. COMMISSIONER MURRA Y: Okay, that would handle that. Thank you. MR. McDANIEL: Absolutely. Yeah, it was determined that there wouldn't be a negative impact on that for the ability for the utilization of those for fire suppression. Moving forward, as Mike said to you early on in the introduction portion, we found that it is getting better, but there are several disconnects in the development process with multi-departmental reviewers. For instance, fire districts and fire -- specific fire districts weren't or aren't ultimately consulted until later on in the process when someone comes in with a site development plan request to have their opinions. And one of our suggestions was just to enhance the communications of the interdepartmental communications in Collier County as we're moving through the department processes. We found that there wa<; a huge lack of communication amongst the departments. It's gotten a lot better. Transportation, fIre and EMS and so on and so forth have really stepped up and been working a lot with one another in order to effectuate a far more smoother process for implementation for these pennits. This comes back around to EMS and the co -- from an economical standpoint, collocating the EMS and fire district, sheriff's departments and those sort of things seemed to be one of the most viable alternatives to extending these services into eastern Collier County, and far more cost effective at the same time. Maintenance of the rural characteristics of eastern Collier County are one of the things that we would like to see promoted. As far as parks and recreations goes, larger regional, larger community parks as opposed to a lot of smaller community parks ofhodgepodged around the area seemed to be what the folks in eastem Collier County currently are looking for. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, you mentioned regional parks. When I read it, it talked about larger community parks. MR. McDANIEL: ] misspoke. COMMISSIONER MURRAY: Yeah, and I understand that. And I'm not trying to pick on that. I'm trying to understand, what are larger community parks? Because there are specific criteria set for parks for size and distance. MR. McDANIEL: That's correct. COMMISSIONER MURRAY: And I'm trying to understand, when that recitation was made, are we going to create a new-- MR. McDANIEL: We have that designation from a larger community park standpoint. That was one of the choices that we were offered trom Parks and Recreation. I misspoke when I said larger regional park. COMMISSIONER MURRAY: I'm not picking-- Page 15 161 1 A'? December 9, 2008 MR. McDANlEL: I know you're not. COMMISSIONER MURRAY: -- what ['m trying to ascertain, my central question is reafly about a larger community park. Because it's a new category, as far as I can tell. And ifthey've given you that kind of information, I think that needs to be something we can -- MR. McDANtEL: As an example, sir, Max Hasse is a perfect example of a larger community park. COMMISSIONER MURRAY: A larger community park. MR. McDANIEL: Of a large community park. And again, Max Hasse is a good example of what was designated as a large community park, as opposed to a neighborhood park which is a smafler two and a half to five-acre park with swing sets and that sort of thing. COMMISSIONER MURRAY: Okay. Then l think we're getting close to where l need to understand. I think we need to do away with the term, lUlless it's meaningful, larger. Because a community park does have specific sizes and amenities and so forth that are base. And then there are additional amenities that may be added associated with particular needs ofthe community. I worry about the initiation of a larger community park. That creates a whole new set of boundaries. MR. McDANlEL: Forgive us. l mean, again, we developed this Power Point presentation to get across the gist of what was discussed. And the bottom line is large community parks are the requisite for the folks that reside out there. not the neighborhood parks. COMMISSIONER MURRAY: And l appreciate that. I think neighborhood -- okay. CHAlRMAN STRAIN: Bifl, the first sentence refers to the Estates. Does the balance of the paragraph refer to only the Estates? MR. McDANIEL: No. I mean, the -- with respect to the -- CHAlRMAN STRAIN: l mean, the new communities going in out there would have the broad base of parks like we have throughout the urban area. So l would assume then this whole paragraph is reafly talking about the Estates; otherwise you're going to be saying that the new towns and everything should only have larger community or regional parks. MR. McDANIEL: And again, Mr. Chair, a large portion of the populous that was pofled with respect to the parks reside in Golden Gate Estates. CHAlRMAN STRAIN: Right. MR. McDANIEL: And so then to -- so you're not incorrect in your statement with respect to some of the newer communities like Big Cypress and that sort of thing should be allowed to make the determinations as to how they wish to handle their parks and services departments along those lines. CHAlRMAN STRAIN: Right. That's where l was going. MR. McDANIEL: We weren't actuafly pofling those folks. They're not there yet, so-- CHAIRMAN STRAIN: But since your last statement says that results expressed only limited support for new park facilities. That would coincide with my understanding of what the people in the Estates mindset generally is. Because we have such big lots out there parks are not essential. MR. McDANIEL: That's correct, we have one in our backyard. CHAIRMAN STRAIN: But what is a level three option? Isn't that your most expensive option? MR. McDANIEL: Yes, sir. CHAIRMAN STRAIN: Okay. Does that mean we're going to be able to have $54 million water slides and splash lagoons in our parks out in Golden Gate Estates like the rest of the county has that doesn't really need it becanse they're close to the beach and we're not? MR. McDANIEL: Is that another leading question, sir? CHAlRMAN STRAlN: No, not at all. No. just -- no, l was just curious if you thought about that or not. But anyway. we can go on from parks. MR. McDANlEL: And with that in mind, l have had a thought or two about that particular statement. But the bottom line is the parks and recreational facilities of Collier County are determined by population densities and growth rates and then ultimately are spun off ITom the Parks and Recreations Department for the capital improvements necessary to provide the parks. The main point here is large community parks in lieu of neighborhood parks are the requisite at this particular stage. CHAIRMAN STRAIN: [,ll be looking for the water slides. Mr. Murray? COMMISSIONER MURRAY: Yeah, that reminds me, on the AUIR, I mean, they present to us and when we've gone in depth, and I think we did that in a year as well, we determined that they've acquired park land out in the boondocks for many years to follow. Were those parcels taken into consideration in any way as being applicable to the location. Because we're talking about Page 16 16 lIlt? December 9, 2008 a study that pinpoints appropriate locations. You know, they took what was available to them and they bought it on speculation that in the future with that mindset at that paradigm that was what was going to happen. How does that correlate now, if you've explored it? MR. McDANIEL: We did to a certain extent. Parks and Recreation did take into consideration the existing facilities, the federally held lands, state held lands, those sort of things are all part and parcel to their ultimate determination of where in fact parks are to be -- park and recreational facilities are to be located. COMMISSIONER MURRAY: Did it jive? MR. McDANIEL: Pretty close. COMMISSIONER MURRAY: Really. MR. McDANIEL: Yes. sir. And again, one of the things I would like to claritY, and it's just a point that you made, is out in the boondocks. Ain't no more. COMMISSIONER MURRAY: Compared to where I live, they're in the boondocks. MR. McDANIEL: I understand that, sir. And it's something that we need to take into consideration as we're moving forward. It's not out in the boondocks anymore. CHAIRMAN STRAIN: Bill, in your last sentence about the limited support for new park facilities, if that is true, how did you get to the second to the last sentence which says the provision for level three was desired? If that's the highest and most expensive level, yet there was limited support, how did you correlate that? How did that come out ofthat? MR. McDANIEL: I'm going to let Mr. Bosi -- I have a thought there with respect to that, but I'll refer to the expert that was in amongst us. MR. BOSI: Mike Bosi with Comprehensive Planning. During the two sessions that we had, in each one of these areas that we go through, there was two public presentations, one official public pre -- to the public from each individual department. When Parks and Rec. came out and spoke during the two visits with the public, during the two public meetings, the people who attended those meetings had expressed a desire for the same level of service that was provided within the urbanized area for community parks. But the survey results portrayed a little bit of a different mindset towards -- in relation to support for new parks. So the people who actually attended the meetings weren't 100 percent in agreement with the responses that we received from the survey. That's why you have two not contradictory but somewhat-- CHAIRMAN STRAIN: Or could it be that if you're going to spend the money on the parks, do it right. Otherwise, just hold off until you can. MR. BOSI: Well, that was one thing that overwhelmingly came out, not only just parks. The voice ofthe public carne out, and t think that's probably at any public -- but the one benefit that did corne was the public was provided an explanation towards how the amenities are located within each park, how the park system goes out, speaks with individual -- the populous within the geographical area that it's trying to serve and specifically trying to ascertain from them what they wanted to see, whether it be a water park or whether it be ball fields or whether it be soccer fields. CHAIRMAN STRAIN: What parks? Not in this county. What county are we talking about? MR. BOSI: This county. CHAIRMAN STRAIN: Really? MR. BOSI: Yes. CHAIRMAN STRAIN: Our parks department goes out and gets an opinion on what the local people want. And we all want soccer fields, apparently. Okay. MR. McDANIEL: We're not going to go there. We're not going to go-- CHAIRMAN STRAIN: Go ahead, Bill. Little editorializing. I can't resist. I'm sorry. Oh, by the way, at 10:00. we will be taking a IS-minute break, so you can have all the water you need. MR. McDANIEL: All the water I need? Good. I think we'll move on to the next slide. t think-- CHAIRMAN STRAIN: General. MR. McDANIEL: Parks are -- if you want to go ahead and take a break now and-- CHAIRMAN STRAIN: Yeah. Ten after 10:00 we'll resume. MR. McDANIEL: -- at a change of pace, we'll do that. Okay, thank you. CHAIRMAN STRAIN: Okay. let's take a break. Thank you. (Recess.) CHAIRMAN STRAIN: Okay. Bill, it's -- we're back from our break. Page 17 161 lAS December 9,2008 And before you go into your continued discussion, one thing I did forget in the early part of this meeting, and I don't know how the court reporter can move things to the front of the minutes when she does, if she can, but Mr. Vigliotti, can you do roll call, please, as our secretary. COMMISSIONER VIGLIOTTI: Yes. Commissioner Kolf1at is absent. Commissioner Schiffer is absent. Commissioner Caron? COMMISSIONER CARON: Commissioner Midney-- COMMtSStONER VIGLIOTTI: Oh, Commissioner Midney is also absent. I'm sorry. CHAIRMAN STRAIN: He's real absent. You didn't even know it. COMMISSIONER CARON: Commissioner Caron is present. COMMISSIONER VIGLIOTTI: Chainnan Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Commissioner Vigliotti is present. Commissioner Murray? COMMISSIONER MURRA Y: Here. COMMISSIONER VIGLIOTTI: Commissioner Wolfley? COMMISSIONER WOLFLEY: Here. COMMISSIONER VIGLIOTTI: Commissioner Homiak? COMMISSIONER HOMIAK: Here. CHAIRMAN STRAIN: And the school board representative, Mr. Eastman, is not here as well. Thank you. Now, Bill, it's yours again. MR. McDANIEL: Very good. With that, I'm going to revisit onc of the subject matters that we talked about early on and that's the communication. A necessity of communication, a dialogue amongst the state, federal and local government agencies. The area that we're talking about here is extremely voluminous, and it's going to require communication, a multi-jurisdictional communication, multi-community correspondence. What Collier County is doing with respect to their impact fees has a direct impact on Hendry, has a direct impact on Lee, on neighboring communities. And those are -- what Collier County's planning on doing with its transportation, with its utilities are going to have impacts on the neighboring communities. And one of the things that we -- it was discussed at length was the necessity for fortifYing and promoting communication amongst multi-agency governments within the particular area. We did speak with some of the larger landowners. Some of those had representatives that actually sat on our committee. Mr. Chair, you spoke about that ECPO group, or whatever their name is, that continually corresponds with the Rural Land Stewardship Overlay Committee. The sub-elements that exist within the East of951 Horizon Study area, those sub-elements, the jurisdictional sub-elements, the Golden Gate Estates Master Plan, the Rural Fringe Overlay, the Immokalee Master Plan and then the Rural Land Stewardship Overlay, there needs to be connectivity amongst those, there needs to be communication, there needs to be impacts derived from one to the other. And I believe -- we believe that one of the integral paths to get there is through this new interactive growth model. That's going to allow us, you ultimately. to see where, for lack of a better tenn, bridging of gaps exists to support the ultimate growth and development that's going to occur in our community. There was a consensus amongst the groups that came to the meetings and in the polling process that the consolidation of fire districts and emergency medical services was something to be explored, and potentially could have benefits both fiscally and service availability to our community. And ultimately. and it goes -- there again, this is kind of one of those Mr. Obvious statements, Mr. Chainnan, but support of the growth and development of the Immokalee Airport is going to assist in a lot of regards to our community at large. These are some of the final points. Maintaining -- obviously maintaining the semi-rural character ofthe Estates was an important, overwhelming, continuing effort that came to our organization, to our group. The utilization of the interactive growth model, you're going to get a presentation from Dr. Van Buskirk on that in a few moments, so I'm not going to take that all that much of his fire. But as I shared with you early on. the planning tool that's being afforded to us through the utilization of this interactive growth model is going to assist us for many, many years to come. Its maintenance, its upkeep and its utilization are paramount. And this is one of the specitic -- Mr. Chair. one of the things that you had asked about, one of the things that we would Page 18 16 ~ 1 WJ December 9,2008 really like to see as a committee of citizens, doesn't necessarily have to come off the East of 951 Horizon Study Committee proper, but necessarily an oversight group that are going to work with staff to assist in and report ultimately to the Board of County Commissioners that the interactive growth model which we have ordered, which has been done and ultimately can be implemented and assure that it's being utilized and not just shelved. COMMISSIONER MURRAY: Question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Now, I recognize the implications of my question, but I want to further --t want you to think about it a second. We have government staff. That's the continuity. But even they change over time. You're talking about three to five people over a prolonged period of time. Is there enough there with those three to five people to keep the dynamic going? Is there enough there to be able to supervise all of -- and understand and work with all of that communication and Hendry and all the rest of it that you cited earlier? Is that plausible" Should three to five -- or should it be more in order to take the guts of it going forward? Did you think out the process of three to five" MR. McDANIEL: Actually. we did. And really, you intertwined several thought processes there, Mr. Murray. COMMISSIONER MURRAY: I hope so. MR. McDANIEL: No, thatTs okay. There's an overwhelming need for commlll1ication on a multi -- and we have those things through the Metropolitan Planning Organization and the regional planning organizations and so on and so forth. But it's imperative that communication be fortified and fostered going forward in order to support the growth and development. Because it's not just Collier County that's impacted. We're talking about Hendry, we're talking about Charlotte, we're talking about Lee at large. One: The suggestion from our committee is to -- and not to slight anybody or make suggestions in any regard one way or the other. We value the importance of the interactive growth model and its utilization and its ultimate implementation. And staff-elected and appointed officials come and go, both in the future planning department as well. And maintenance of this inter -- when you see the intricate detail that comes out ofthis interactive growth model, you're goiog to see and understand why we think that this group would be of a benefit to the community at large, ultimately to the commissioners and yourselves, to ensure that it's being utilized, it's being maintained and updated and so that it can ultimately be utilized as a tool. COMMISSIONER MURRAY: Did you think out the process to the extent of qualitying who all are to be the representatives so as not to cause it to err on one side, so to speak? MR. McDANIEL: Sure. And with that point in mind, if I may. I mean, we left it fairly generic. Did you provide a slide for the specificities for what we -- the task of this group? Okay, we have come up with a, if you will-- this group is an oversight group at large. It's not going to be influencing the information. It's not going to be making determinations with the utilization of the interactive growth model. This group is an oversight group to work with statIto ensure that the census data that comes in gets implemented into the interactive growth model, that the AUIR information gets implemented into the interactive growth model, that the zoning changes that are effectuated on an annual basis are implemented into the interactive growth model and then ultimately reported over to the County Commissioners that those things are in fact being done. This isn't an advisory group, this isn't a polling group, this is an oversight committee. And three people, candidly, would be enough. And they don't really necessarily require any real expertise other than a working knowledge of what the interactive growth model encompasses and how it's to be utilized. COMMISSIONER MURRAY: I think I now understand what you're really saying is you don't want all ofthis hard work to go on to the shelf. Is that what you're really sayingO MR. McDANIEL: Yes, sir. COMMISSIONER MURRAY: Thank you. MR. McDANIEL: It would be our preference to not see it go on the shelf. We believe that you have one ofthe most powerful and a phenomenal planning tool that can be availed to us as a community to assist us in the future growth and development of what occurs in our county. COMMISSIONER MURRAY: Then I concur with you. MR. McDANIEL: Thank you. CHAIRMAN STRAIN: Bill. if your report goes on to the Board of County Commissioners and they accept it, it becomes direction to staff. Staff then has to implement it. Statfbeing probably Mike Bosi, Randy Cohen and whoever else in the department oversees those things. What is it in this paragraph do you think they wouldn't do? And I'm just puzzled, because unless you're going to replace them with these three to five people, why do we need more people overseeing something that's already directed and done by a Page 19 Dec!m~eJ 9, 218 ~ professional staff who we are supposed to have hired for their professionalism and expertise? And I certainly doubt that you're going to find three volunteer members of the public who won't have self-serving special interests in mind by taking a position that's being offered here versus the ones that staff take. MR. McDANIEL: And with that, Mr. Chair. I'd like to suggest again that this is an oversight committee at large. It's not an influential group from that standpoint. Their job is specifically to ensure the updating and utilization of the interactive growth model. It's all public information. And Mr. -- Commissioner Henning and I had a little discussion in my first presentation to the Board of County Commissioners with regard to this. There was a perception that there would be infonnation available to a specific few that wasn't available to the general public. And I want to assure you that that's not the intent here. And with regard to your statement, we do have very qualified staff today. We do have very qualified appointed officials today. The premise behind this group was to ensure that as those very qualified appointed officials and staff change, that this particular infonnation that we have available to us as a planning tool doesn't get shelved and doesn't get lost in the wake of some other political process. CHAIRMAN STRAIN: Well, I mean, I guess we can agree to disagree, but I understand your statement. Thank you, Bill. MR. McDANIEL: And I yours, sir. Last but not least: We were charged with polling the populous that reside east of951. We were charged with coming up with suggestions to you to take to the Board of County Commissioners. And we would ultimately -- we thank you for the support that has been provided to our committee throughout this proccss. CHAIRMAN STRAIN: Thank you, Bill. I did notice you failed to put on the last paragraph of your positions. MR. McDANIEL: Yeah, that was I think in your printed report. CHAIRMAN STRAIN: Right. MR. McDANIEL: And that had to do with I think where Commissioner Henning and I -- where there could have been -- we had suggested two committees in our original report: One was an oversight committee, which is what I've been talking with you about. It's been decided by our group that the second of those two committees might be a little more controversial than what we're actually looking to do at this particular stage of the game. CHAIRMAN STRAIN: So are you withdrawing that from the final -- MR. McDANIEL: Yes, sir. CHAIRMAN STRAIN: Okay, well, then I don't need to comment on it. because it will be controversial ifit was left in. MR. McDANIEL: Absolutely. And therein lies your thought process with -- CHAIRMAN STRAIN: No, I don't feel the need for either committee. But especially the last one that you're withdrawing is more irrelevant than the one you previously presented. MR. McDANIEL: Very good. CHAtRMAN STRAIN: But thank you. MR. McDANIEL: Absolutely. Thank you. CHAIRMAN STRAIN: Appreciate your time. Any questions from anybody before we go on to the next presenter? (No response.) CHAIRMAN STRAIN: Okay, thank you, Bill. Mr. Mohlke, I believe, is going to talk to us about Horizon Study public opinion and data collection. MR. MOHLKE: Mr. Chainnan, members of the committee, my name is Chuck Mohlke, representing the finn of Fraser and Mohlke, that under the committee's guidance and direction prepared some survey instruments. I use the word plurally, because several, not all, but several of the public participation meetings there were distributed surveys for those in attendance to respond to. And it was in effect an opportunity to determine whether or not certain research methods would be better equipped to discem public attitudes than others. J could comment at whatever length the Planning Commission desires, but at this stage I think perhaps it would be best rather than listening to prepared remarks for you, Mr. Chair, and your colleagues to simply say that I have these areas of interest and would you comment, Mr. Mohlke, please, and I would be happy to do that. CHAIRMAN STRAIN: Well, for myself, anybody else, I have one question and that is I think there were around 21 or 2,500 surveys sent out, somewhere a number -- MR. MOHLKE: 2,]50. CHAIRMAN STRAIN: And of that, 28 percent return rate? MR. MOHLKE: Yes. Page 20 Dec*m~e~9,2~8 Af.? CHAIRMAN STRAIN: That's approximately a little less than 600. MR. MOHLKE: 598. sir. CHAIRMAN STRAIN: Right. Of the 598, how many of those were from Estates residents? MR. MOHLKE: 64 percent. And there were 57 percent that were in the sample. CHAIRMAN STRAIN: Okay. So the vast majority of the response to the slll'Vey was from Estates residents. MR. MOHLKE: Because the vast majority of the population to be surveyed, drawn carefully, if! may expand on that, if you wish, were in the very area where the greatest extent of responses came. But as an example, Mr. Chair, in the area south of!-75 and east of951, in the studies tables you'll notice that as zip code 34 114. It constituted 17.91 percent of the sample and 19 percent ofthe responses. So with a single exception, the responses were proportionately the same as the sample indicated. And I'd be pleased to talk about the sample, Mr. Chair, if you want me to. I'd be happy to share with you the basis of the sample's construction and so on, if that's the committee's desire. CHAIRMAN STRAIN: I read the information provided. I'm not -- anybody else have any other questions" Mr. Murray? COMMISSIONER MURRAY: tjust want to reacquaint myself with something I thought I knew a long time ago. Mr. Mohlke, in the world of survey, a two or three percent response is considered a good response, is it not? MR. MOHLKE: Well, if you're talking about a mail survey, any mail instrument, whatever it is, a marketing tool or a survey, it's astonishing that you can produce a viable result for the sender of the marketing piece if you get a one and a half percent response. If you're talking about a mail slll'Vey, we have done a number of those -- and Chairman Strain is aware of some of the other work that we did in regard to the Golden Gate Area Master Plan restudy -- you feel fortunate if you get a 15 percent response. Apparently there was a sufficient incentive for the people who responded to bring us up to the level that we did. And as members will recall from reading the results, that we asked for responses by the 31st of May. Of all the responses that we got-- we had to have a cut-off time, so we cut it off at July 1st. And only 40 people responded after that time. indicating-- COMMISSIONER MURRAY: Indicating? MR. MOHLKE: Only 40 individual persons after the cut-off time. COMMISSIONER MURRAY: Cut-off of July 3rd. MR. MOHLKE: After July 1 st responded. And the -- that was a level of comfort that someone like me feels that we did two things: We organized the response vehicle in a manner that made it relatively straightforward and simple for people to respond, using a I O-point scale and so on: permitted us to get good discrimination in terms of responses and a few other things. And I think that induced people to respond to what was a fairly straightforward four-page survey, 11 by 17 folded. And the responses were uniformly not only complete but did from time to time, and it was not reported in here, induce some people to write in responses and say this is why I circled number nine and not number two. Now, that is not a direct quote, but it basically indicates that had we had an opportunity for people to write in responses, we may have gotten some interesting commentary. If there are not a lot of questions from the conunittee, let me make-- COMMISSIONER MURRAY: Mr. Mohlke. I just wanted to-- CHAIRMAN STRAIN: A few more questions. Mr. Murray, then Mrs. Caron. COMMISStONER MURRAY: I wanted to continue, because I want to ascertain something. MR. MOHLKE: Yes. COMMISSIONER MURRAY: You received 40 that were to be excluded. Were they in fact excluded from-- MR. MOHLKE: They were. COMMISSIONER MURRAY: Did you nevertheless look at them or did you just discard them" MR. MOHLKE: No, we kept them, but we did not open the envelopes or count them. COMMISSIONER MURRAY: Okay. So you don't have any view as to what they might have been-- MR. MOHLKE: I do not. COMMISSIONER MURRAY: -- anyway. Okay. MR. MOHLKE: If the committee would be interested in what happens customarily with a mail survey, particularly if you're asking very direct questions, what do you think of this, would you spend money on this, our experience is that when you ask very direct and specific questions like that, seeking guidance ITom the people that you have responded, within the first seven to eight business days in which mail is delivered back to the person doing the research, if you hit 40 percent during that period of time, predictably -- of all those that you're going to get, predictably 80 percent of those are negative on the issues that you've responded to. And the remainder then is in the hands of those who are the late responders in terms of generating a result that Page 21 Dece!~r 9, 20~ ft? either will atftrm the hoped for response or not. That tends to be the pattern. That was not the pattern here. As people responded -- now I know you only have me saying this. But as people responded, basically the responses were fairly uniform day after day after day in terms of where they came back from by zip code and the demographic characteristics of the folks who were there to be sampled and who were kind enough to return the studies. Mr. Chairman, if I may, after-- CHAIRMAN STRAIN: Ms. Caron had one question. Let her -- if we could ask-- COMMISSIONER CARON: Before you go forward. CHAIRMAN STRAIN: Yeah. could she ask her question first? MR. MOHLKE: Oh, please. Thank you. COMMISSIONER CARON: Before you go forward, could you just run down the rest of the sample? You had said within your sample you were trying for a 58 percent from the Estates and you got 64. From south and -- south 00-75 and east of the study area you got 19 percent. MR. MOHLKE: And there were 17.9 percent of households in the total sample from that area. COMMISSIONER CARON: And you got back 19 percent? MR. MOHLKE: Yes. COMMISSIONER CARON: Go ahead. Can you run through the rest ofthe areas and --like for example, Immokalee. MR. MOHLKE: Well, Immokalee, our hope was that we would get somewhere in the area of 5.6 percent. And as you can see as you look at the study and you're looking at responses from the Immokalee zip codes, 34 I 42, 34143, we did not achieve that level. COMMISSIONER CARON: What was it? MR. MOHLKE: What was it" COMMISSIONER CARON: Yeah, what was it? MR. MOHLKE: Well, a scrutiny of any of the tables will give you a reasonably good response. I could total it up, Commissioner, and give you that response back. But if you just simply looked at the tables and look for 34142 and 34143. there's 57. And we sent out a total of 123. So we got a fairly good response from that particular household group. COMMISSIONER CARON: Okay. I don't have my calculator here, Mr. Mohlke. Do you have the percentages" That's all I'm asking. [fyou don't know them off the top of your head, just say-- MR. MOHLKE: I don't know them off the top my head, Commissioner. I will be happy to do that for you and repeat those to you before the conclusion of my meeting. CHAIRMAN STRAIN: Okay, Chuck. do you want to continue what you were-- MR. MOHLKE: I have a response that I would like to make, Mr. Chair. at the time that Dr. Van Buskirk has completed his remarks, if [ could be recognized following that. CHAIRMAN STRAIN: Sure, not a problem, sir. Okay, next. Nick" Since you're on a six-lane road, you want to build bridges, huh? MR. CASALANGUIDA: I love this job. CHAIRMAN STRAIN: It's good seeing you, Nick. MR. CASALANGUIDA: Good morning, Commissioners. First I want to thank Mike Bosi and Chairman McDaniel and the committee. They did a good job working with us. And sad to report, Lisa Koehler, who did a lot of work on this project. her last day is tomorrow. CHAIRMAN STRAIN: Oh, Lisa's leaving? MR. CASALANGUIDA: Yeah, she's going on to the BCB to work with Clarence. CHAIRMAN STRAIN: Well, congratulations to her new position, and good luck in finding someone to fulfill her place. MR. CASALANGUIDA: Well. that's a difTerent story. CHAIRMAN STRAIN: Yeah, it will be. MR. CASALANGUIDA: We won't get into that. The spin-off of the bridge study and how it happened, we took what the comments were from the Horizon Study literally and quickly, their comment about commlUlicating and working with different departments. We had in our budget money already allocated for bridges to about two million a year in the first year and growing up to five million a year. And it gave us the opportunity to accelerate the bridge study and bring it into the East of951 study as well, too. So it was a good timing issue and it gave us, you know, a good chance to really reach out to the public and communicate with the different groups, especially fire, EMS and the first responders. Page 22 161 1 t8 December 9, 2008 Through the process, staff just took the natural grid system in the Estates and evaluated that and said what's missing. When you look at Golden Gate Estates and all of east of951, you can see that they laid out a roadway grid network, and much of that network is missing because of just that simple bridge connection. It wa<; easy to see where they were when we looked at the map. So with staff, it was a good first review. We did an interave (sic) process with the agencies. We went to fire, EMS and the first responders, we went to the folks that were identified in the study and said take a look at what we1ve identified on the map and see if you have conunents that we should be looking at something else, and give us your first review of priorities. We broke it down into four groups: Emergency response, mobility and evacuation, service efficiency and public sentiment. After doing that process, we went to the public. It should be noted that we had a very extensive public involvement program with this project as well too. That's Lisa's background. So there was mailings to the people that would be affected directly, public meeting, posting in the newspaper, as well as an interview with Lisa that kind of brought a lot of light to this. As Mr. McDaniel pointed out, quite a lot of response to this. So we went through this interive (sic) process and we looked at the different bridges that were involved. We also want to note that we did a quick cost analysis, and the cost analysis is like anything, on a cursory review ofa bridge, until you do that detailed analysis of that location, you're going to get at rough number. rrom a million to a million and a half to put up a bridge, depending on span width and what you find for materials. I'll take you to the map, because that's probably the easiest thing we can talk about and make this fairly brief. The bridge locations that are identified and numbered, we have one which is at the end of23rd at the westem side of your map towards the middle. And that ties in 23rd to the White deadend. It's already in your Growth Management Plan as referenced. And what we're planning right now is part of tl1e White bridge replacement, we have to replace the bridge that's existing on White Boulevard. The maintenance of traffic cost alone if we don't put in a bridge on 23rd would almost equal the cost of the bridge, because you have to maintain that traffic while you're redoing the bridge location. So it made perfect sense -- thank you, Mike -- perfect sense to have that be one of the first bridges installed, and since it was already referenced in our Growth Management Plan and the compo plan here. Then we looked at 8th and 16th, bridges two and three. North/south roads, you have Wilson, Everglades and DeSoto. And even 16th, even on the right-of-way for the plat of Golden Gate Estates there were 100 feet of right-of-way. There was set up to be that grid network of roads. So those made sense right there as well, too. Going east/west you have bridges six and seven, and that ties in that natural bridge location or east/west road in between Randall, YBR Extension and Golden Gate Boulevard. So you're getting that east/west progression. Bridge four, as you can see. it ties into that spot where Everglades extends, and I don't have that road name, it's kind of tight to read. I can't read it on even my copy right here. Bridge four. I'll get back to the key road name. But you can see where bridge four is. Bridge five is the Wilson extension to the north and it ties in those groups of folks over there. Bridge twelve at the northeast comer was recommended by the fire districts as a way to get back into that area. It may not be a connectivity bridge, it may be a single lane emergency access bridge. Bridges eight, nine and lOon the periphery of new roads and existing roads were kind of located where -- bridge eight, for example, where a school would be located and a park would be located at the end of 13th. Bridge 10 is the Wilson Boulevard extension. And bridge nine ties into several new schools in that location. And those are what we call opportunity bridges. You wouldn't even put those bridges in until those projects come on-line. Bridge 11, it was interesting when we had the public meeting, a lot of good comments came out of bridge ] 1. And we're going to revert bridge II back to a study area. It was noted that there was already an existing structure there that might service emergency access on one of the east/west roads. And that as we get further information on those school locations where they might warrant a signal on Everglades Boulevard, might make sense to put a bridge extension on there. So we renotified those people with postcards and said to them, you know, this is going back to a study area, tbat we'll look at this in the future again. It was a fairly easy study to do in terms of where we thought the bridges made sense. We got a lot of good comments from the responders about time. They told us how having certain bridge connections would make more sense and those first responders could get to people quicker. As you could expect, anybody that lived on some of these dead-end roads had concerns. They liked their dead-end roads. But a lot of the comments were that they supported the connectivity, it made sense to them, and we really didn't have that overwhelming objection to the study that we thought we would have when it originally came out. With that, I can answer any questions you have. Page 23 Dec!m~e: 9,218 P{:J CHAIRMAN STRAIN: Questions from the planning commission? COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: Just one. You use the term overwhelming. How significant is it? I got the impression from reading that there were a number of people, especially through the media -- of course that's an echo. But that's an interesting point you made that you didn't get the overwhelming response that you expected. MR. CASALANGUIDA: Well, it was interesting, because we thought, you know, whenever you come up with any sort of new road project and you Jose your dead-end. The concern was, as Commissioner Strain pointed out, or someone, putting one bridge in one spot and then flooding that road. So we talked about even with the board when we discussed it with them doing them in groups of two and three. In other words, putting bridge two and three together, tying 8th and 16th. You'd have several roads in parallel that would be kind of sharing that burden. And that was one of the concerns. COMMISSIONER MURRAY: Makes sense. Would you have the funding potential to do this or-- MR. CASALANGUIDA: We do health -- I want to say health, safety and preservation of the existing bridges is our number one priority. Right now we'll go through and saying let's take care of the bridges we have first, and as that funding starts to free up in our outer years, we'll start prioritizing these or bringing these into the plan. So as we do our annual bridge evaluation, we spend the money first on maintaining the ones we have and then we start to come up with the money together for future bridges. So I would say as we get into the third or fourth year of our cwrent five-year plan, we'll have probably money available to start construction on some of these bridges. COMMISSIONER MURRAY: You gain that money from impact fees? MR. CASALANGUIDA: It's a capacity improvement, so impact fees I think might be one we could use. We may need some clarification on that. But general fund money or in our budget as well. COMMISSIONER MURRAY: Any grants? MR. CASALANGUIDA: We're going to apply for grants. As the study gets adopted and goes through the MPO process, we'll apply for federal money and stale money. COMMISSIONER MU RRA Y: Thank you. MR. CASALANGUlDA: You're welcome. CHAIRMAN STRAIN: Nick. do you have -- you originally said these were a grid pattern that you saw on some early plan. Are the right-of-ways already platted and in place so you're not taking any land, or you have to go through the land acquisition process as well? MR. CASALANGUlDA: Our early analysis requires no land acquisition. You're going trom existing right-of-way to the canal easement and then crossing within that existing right-of-way and putting the bridge in. CHAIRMAN STRAIN: The language in the canal easement is flexible enough to allow access as well for a road? MR. CASALANGUIDA: We're still going to have to permit through Big Cypress if it's a primary canal, but yes. CHAIRMAN STRAIN: Okay. As far as funding goes, now, if it's not impact fees, which as you have experienced and are now experiencing are severely cut off compared to what they used to be. and they'll probably be that way for a long time to come, that means your improvements would have to come out of ad valorem general fund. And I would hope that since these have existed out there in all these years, that before we would raise taxes to create ad valorem taxes to pay bridges, we wouldn't do that. We would just simply wait until the tax base materialized or impact fees could generate and be used. 1 don't see this as a necessity to rush on. I just want to make sure you're not prioritizing it to a point where we're going to see this use as a need to raise ad valorem taxes, because 1 don't see it that way. MR. CASALANGUIDA: That's not our plan, sir. CHAIRMAN STRAIN: Good. Other than that, I don't have any other questions. Anybody else have any of the bridge part of this? COMMISSIONER MURRAY: Well, I do-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Follow-up to that, because I appreciate the Chair's view on that, and it is a very viable statement there, it is correct. However, what weight then do we apply to the desires of the respondents to have emergency medical services to have fire apparatus get more quickly to their burning house? And evacuation routes, which we've discussed, what weight do you put to that relative to what the Chair has just indicated, which is -- I complimented. So what do we do there in the balancing act? What's your view on that? Page 24 161 1 ~ December 9,2008 MR. CASALANGUIDA: Ifwe stay stable with our funding right now, we'll have some of these bridges in place within our five-year plan. Right now, as you pointed out. funding is tight. Our biggest issue is cost of ownership, when we had a workshop with the Board yesterday. We're struggling with, as every other department is as well too. The capital projects that we have in place right now as they come on line, they have to be maintained. And they weren't on our maintenance rolls before. So we're going to see what we have for funding. We're going to evaluate that. Priority is always to maintenance, similar to what the state does. But our goal is to have some oftbese in place within five years with existing plan momes. COMMISSIONER MURRAY: But you don't anticipate raising ad valorem taxes, and we know impact fees are down and all other means of -- interesting conundrum. CHAIRMAN STRAIN: Okay. thank you, Nick. I think we -- we're fme. Thanks. MR. CASALANGUIDA: Are you going to take action independently? CHAIRMAN STRAIN: At the end 1 think we'll probably go into -- we'll discuss our actions all at once and go through them at one time. MR. CASALANGUIDA: Does the committee need me here for the rest of the meeting, or-- CHAIRMAN STRAIN: Does the what? MR. CASALANGUIDA: Would the commission like me to stay for the rest of the meeting or-- CHAIRMAN STRAIN: I don't -- your stuffs pretty straight and simple. I don't see any reason for you to spend taxpayer dollars sitting here today when you -- without Lisa gone (sic), you're going to have to work. MR. CASALANGUIDA: You all have a good day. Thank you. CHAIRMAN STRAIN: Thanks, Nick. Okay, Dr. Van Buskirk, please. MR. BOSI: Mike Bosi with Comprehensive Planning. First, the second principal within Van Buskirk. Ryffel and Associates, Carlton Ryffel, will provide the introduction. CHAIRMAN STRAIN: Okay, thank you. MR. RYFFEL: Good moming, Chairman and Commissioners. I'm Carlton Ryffel. I'm vice president of Van Buskirk, Ryffel and Associates. My partner is Paul Van Buskirk to my left. We've been looking forward to doing this presentation for you on the growth model. And we think you'll fmd it interesting and informative. And we also look forward to your questions at the conclusion of the presentation. From the perspective of community planning, Collier County is very complex, especially the area east of95l, which was our study area. And that area is slightly larger than the State of Delaware. In addition to its size, there have been many studies, area studies, planning applications, master plans done of this area over the years, and we analyzed all of those. And as you will see, many are incorporated into the interactive growth model. And we estimate that the growth model has approximately one million bits of data in it in information. And with the growth model, in a nutshell, you'll have the population and distribution -- and its distribution to build out in five-year increments of the study area; the supply, demand and distribution of land uses needed to accommodate your future growth in five-year increments; and finally, when and where any deficiencies are likely to occur. But belore we begin the presentation, I think it's fitting that we acknowledge some of the people that helped us so you have some sense of the participation ofthe various county departments and constitutional officers that worked with us very closely on developing the model. First of COlITSe is Mike Bosi, who was the appointed planning manager and worked endlessly with us throughout the process of developing the model. Beth Yang in Mike's department helped us with mapping and data challenges. And like Mike, she was always there to assist us. Community Development Director Joe Schmitt and Director of Comprehensive Planning, Randy Cohen, were our first contacts with Collier County and who we first met with to discuss the growth model. And they saw the value of a planning too] such as this. And ultimately we entered into a contract with the county to create it. And your County Manager, Mr. Mudd, supported the model and helped us get the staff support we needed across department lines and when and where we needed those. And a final thank goes to Chairman Bill McDaniel and the members of the Horizon group to provide us with valuable insight of the study area. There were many questions of us and us of them, resulting in the growth model that will serve you well over the years to come. With that as an introduction, I'd like to turn the presentation over to Dr. Paul Van Buskirk. Page 25 161 If\-S December 9,2008 CHAIRMAN STRAIN: Thank you. DR. V AN BUSKIRK: Thank you. Carlton, Mr. Chairman and members of the Commission. I'm just going to take a second here to get organized. Now, the first question is why a Collier interactive growth model? And there are several reasons. And one ofthose reasons is the population growth and large-scale development that's occurring east of951. The comprehensive plan updates, the growth model provides a tremendous amount of data to assist in updating a comprehensive plan. Often with growth scenarios and impacts, see, the growth model is not a static model, it's a dynamic model. So as changes occur, those changes can be incorporated into the model. The model will process that data and then produce new output data. And then the portion of land uses that are necessary to support the needs of the population. And that can be parks or commercial centers or fire stations and schools and the other facilities as well. And then we want to maximize public investment; we want to get the maximum return on public investments, particularly for the capital improvements and infrastructure. What we initially did, we always develop a team of the consultant staff and the consulting the staff from the county, because one, it saves money. Staff has a lot of insight to where data is and has access to this data or readily access to this data, as well as insight to all the activities in terms of the county in terms of development and growth. Then staff receives a knowledge of the model and the model's working in this applications (sic) and what its capabilities are. And we had a lot of input from not only the staff but also from the Horizon committee. We met with them several times in reviewing the development of the model itself. And then hopefully as a result, the studies won't sit on the shelf but will be useful. Now, for the -- there are actually two models. One is the population forecasting model and the other is the interactive growth model. The population forecasting model forecasts population in the aggregate for the study area over time to build-out. And it's general done in five-year increments. And then (what) the interactive growth model does is distributes that population growth over time in five-year increments throughout the study area. (What) I wanted to do is kind of talk about the fundamentals ofthe model and do kind of a brief overview so it gives you a feeling for what the model's capabilities are. In the development of the model, our first step is that we disaggregate the community or the study area into zones. And I'm going to talk a little bit about that in the following slides. Then we got to inventory the current development and the demographics for all those zones, those disaggregated zones. And then we have to determine and estimate what the build-out inventory would be of development for the forecast and the demographics of those zones as well. And then we need to do -- with that information then, scientifically we can do an accurate population forecast, once we have all that information. This illustrates the study area and the zones. There's about 173 zones in the study area, and they're the same as the traffic zones. And that was decided by staff. because what we wanted to do is to be able to translate this data to the traffic models and then traffic models can produce their output. And we'll have a really kind of comprehensive standard databank that can be used for all the different disciplines so we have some consistency. The other thing we can do or the model can do, [ should say, is that we have these zones. We can aggregate these zones by clusters so that we can get the data from the different -- not only from the whole study area and not only from the zone but from the different clusters. And if you'll look at your future land use plan, they're essentially the subdistricts. We have the Jmmokalee urbanized area. So now we can get all the data through the Jmmokalee area. for the urbanized data, separate from the study area. Likewise for the stewardship area and also for the Golden Gate Estates. And then from the fringe mixed use district. as well as the residential fringe district and the coastal fringe district and the rural sediment area, and industrial area and the conservation areas. So now we can break all this data down by all those clusters, so to speak, within the model and we can do all the analyses for those different clusters as well as the study area and the activity centers. So this is the future land use plan. And we did a survey early on in the project to determine what were the best planning tools to determine future development. And we looked at the utility plans and the traffic studies and the master plan for Immokalee and the master plan for the Estates and all the planning tools. And the general consensus is, is that the future land use plan would be the best tool to interpret what future development Page 26 16 I 1 k~ December 9, 2008 would be east of CR 951. The other thing here is, you know, sometimes you get the question, well, is the growth model pro growth or is it anti growth? Well, it's neither pro, it's not anti. The model really doesn't think and it doesn't have prejudice. But what the growth is based upon in the build-out scenario is on the future land use element of the Growth Management Plan. And (what) we have to do then is look at each one of those different districts and their rules and regulations for development to detennine development yield at build-out. And some of those districts are relatively straightforward in determining development yield. Some are a lot more complicated, like the stewardship area. And I'm going to go into detail on the stewardship area and demonstrate how we arrived at what would be the development yield in that particular area. Also, each one of these districts have different demographics. There's different demographics in lmmokalee than there's going to be in Ave Maria and there is in the Estates and et cetera. First thing we did, we had to establish the baseline inventory. We had over 70,000 parcels out of there that we had to query each one of those parcels to detennine the number of single-family units, multi-family units, square foot of building area for office and services, square foot of building area for retail space, for industrial space, and the square foot of school plants by type of school plants: Elementary, middle and high school. And the square foot of fire stations. And acres of park by types of park: Community parks. regional parks. And then the sheriffs substations. So once we inventoried all that data, and that baseline was 2007, then that's our baseline data for the model. And the next -- oh. I wanted to just show you here some of the data output. There are several data outputs that the staff can enter into the model and get all the data in tenns oflhe baseline in 2007 and the build-out. And it can be done by clusters. And this illustrates it by clusters. And this -- I'll just kind of page down here a little bit and show you how the clusters work. (What) we're showing is the urban fringe and the coastal and their subtotals. Now we come to the stewardship area. And we'll demonstrate the clusters here to have the inventory for the stewardship area. Likewise for the mnge area, mixed use ITinge area. And then the industrial area, Immokalee, Golden Gate Estates, and then the conservation areas, and then we have the totals. If1 pan back up I'll come across -- just show you briefly what they're inventorying of course is the zone acres, the study area here. This was 2007. Number of single-family, number of multi-family. The school plants. the elementary school and its acreage, middle schools and their acreage, high school and their acreage. Right across to the parks, community parks and regional parks. And then the acres and retail trade and the square foot of building area and retail trade. Likewise, offices services and industrial. Hotel/motel is there because the traffic models need the hotel/motel data. So we incorporated that in there. Fire stations, the number of acres and their square foot. So that will provide us all the infonnation that we need -- CHAIRMAN STRAIN: Sir, one of the commissioners has a question. Ms. Caron? DR. V AN BUSKIRK: Sure. COMMISSIONER CARON: I'm sony, you may have gone by it too quickly. But are there ago acres here? DR. V AN BUSKIRK: No. they're not. We didn't inventory the agricultural acres. That takes place really when we get into the RSLA (sic). We'll talk about the credits that are generated ITom agricultural to development and translated to the development itself. CHAIRMAN STRAIN: There are acres ofag. outside of the RLSA. DR. VAN BUSKIRK: Yes, that's correct. CHAIRMAN STRAIN: Okay, so you haven't-- DR. V AN BUSKIRK: We didn't inventory them. CHAIRMAN STRAIN: Okay. DR. VAN BUSKIRK: We could, if that's what you wanted to do. Because when we query the datas, they do have the acres in there. They could be queried. COMMISSIONER CARON: Well, one of our charges is to protect ag., not only in this county but in the Estates. So if we don't even inventory it, J don't know that we're doing our job -- DR. V AN BUSKIRK: Well, we inventoried -- COMMISSIONER CARON: -- in tenns of future growth. DR. VAN BUSKIRK: -- the conservation and of course preservation. We detennined the preservation of the ago lands in the RSLA (sic) and in the mixed use -- the ITinge mixed use areas. In those two areas we do. COMMISSIONER CARON: But the-- DR. VAN BUSK1RK: But outside those areas-- Page 27 16 I 1 {+7 December 9, 2008 CHAIRMAN STRAIN: -- conservation areas are not ago areas-- DR. VAN BUSKIRK: No. but they can be. COMMISSIONER CARON: -- they're two different things. DR. VAN BUSKIRK: Ub-huh. They could be. COMMISSIONER CARON: Two different definitions and everything. DR. VAN BUSKIRK: Yeah. COMMISSIONER CARON: Just like NRPA's. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Our base zoning is agriculture. So when you're looking at subdistricts, you're looking at what is designated. But in fact much of that land may very well be ago in zoning. DR. VAN BUSKIRK: Yeah. COMMISSIONER MURRAY: So are you saying you haven't included it or that you -- DR. V AN BUSKIRK: Well, we include it in terms of the yield in ago as it's provided wlder the future land use plan of the baseline. COMMISSIONER MURRAY: I'm not hearing you because I never finished my question-- DR. VAN BUSKIRK: Oh, I'm sony. COMMISSIONER MURRAY: -- I'm sony. Let me formulate my question, please. What I'm trying to ascertain is whether or not you took the subdistricts, irrespective of whether they contained any nwnber of variables of type of zoning. and used that as your plan. If you did that, that may very well have included the ag., which under the subdistrict is projected to become something else. But if you've eliminated ag., then I don't know that we have a complete model to work with. DR. V AN BUSKIRK: I didn't eliminate it in that respect. We determined the development yield from the agricultural lands based upon the futufe land use plan, which was what, one unit for five acres? So we did determine what the ago would develop -- what you could develop on the ago land in terms of what the future land use plan rules and regulations allow. COMMISSIONER MURRAY: That's at the earliest and then with the understanding --t guess you don't need that for the model. The fact is, as it's developed, it will be modified accordingly and rezoned, and you don't concern yourself with that part ofit-- DR. V AN BUSKIRK: No, no. we go strictly-- COMMISSIONER MURRAY: -- that's transactional. DR. VAN BUSKIRK: -- strictly by what the guidelines and the rules and regulations say in the future land use element of the Growth Management Plan. COMMISSIONER MURRAY: Just trying to get a -- I think Commissioner Caron brought up a very good point, though, I do really think you need to -- you know, you're working with this apparently large bundle, but you have an apparent large bundle that -- and looking at some of the maps as we project out showing in the years further out how the density of population is based on the coloration here. it looks like we have nothing left in ago DR. V AN BUSKIRK: That's not a density of population, that's really a percent of development that's allowed to develop in those particular areas. COMMISSIONER MURRAY: But it virtually covers almost all of the area. And that's what's -- I think in the absence of the ago in there. we don't -- and it looks like to the average person I would think it looks like oh, my God, that's all going to be populated. DR. V AN BUSKIRK: No. no. COMMISSIONER MURRAY: Especially if we're thinking smart growth principles, as I think it said at the outset. We'd be talking about moving zoning density numbers up, so -- DR. V AN BUSKIRK: No. no. CHAIRMAN STRAIN: I think some of the ago land that you may not have considered is considered by the mere fact you have facilities in here for future schools, middle -- and parks. That's currently ago So if you're really calculating ag., you couldn't -- you're basically showing that where the ago is where your schools and parks and places like that will go. That's the conclusion -- that's what evolves out of ago Everything in Collier County at one time was ago So your base map is all ago So all these additions then would be items that are used in place of the ago zoning that's there now, wouldn't it? DR. V AN BUSKIRK: Let me try to clarity. We incorporate all the land in the study area. The agricultural land that is put into preservation through the RSLA (sic) and through the mixed use district. the model incorporates that and determines that Page 28 161 1 ~ December 9,2008 yield, and then determines the development in those areas that may be currently ago but will be a town or a village or a hamlet or what have you. Those areas that aren't developed according to the mixed use district and the stewardship area end up what we call on the baseline, which is one unit per five acres. And that can be ag., and that's allowable under the future land use element of the Growth Management Plan. CHAIRMAN STRAIN: Okay, I understand a little bit more what you're saying. I was just -- the screen you have on here right now you show schools, middle acres, you show 92. That school probably isn't built yet. But when it does -- DR. V AN BUSKIRK: No, these are all built. CHAtRMAN STRAIN: Oh. those are all built. DR. V AN BUSKIRK: This is an inventory of2007. CHAIRMAN STRAIN: Have you utilized the future schools on the school master plan? DR. VAN BUSKIRK: Yes, and I'll go into that. CHAIRMAN STRAIN: Okay, that's fine. DR. V AN BUSKIRK: It's just this was just the first step, so-- CHAIRMAN STRAIN: Thank you, I'll just wait till you get through. Mike, just out of curiosity, when we did the RLSA study five years ago, we were given active working docwnents of the FlAM so that each of us could sit there, modify inputs to see how it reacted, how the document worked. We didn't receive any similar document in this regard to understand how this works so we could have come back with more prepared questions for the Doctor today. Do you know why that is not Decuning in this particular scenario? COMMISSIONER WOLFLEY: I have a follow-up question to that, Mark, get it out of the way. I asked for that months ago. MR. BOSI: The FlAM is a portable computer model-- CHAIRMAN STRAIN: Right. MR. BOSI: -- the interactive growth model is -- it's housed at Van Buskirk's web base server. We interact with their web base server through individual queries upon that. I guess what maybe would have provided you a better benefit would have been me providing you a password and access to the Van Buskirk's website to run individual queries on their website. But I'm not sure if -- I'm not sure if that was something -- I guess early on without an explanation of how this works or why this works or any of the underpinnings of it if that would have been ofvalue to the planning conunission. CHAIRMAN STRAIN: Okay. Well, then that brings up another scenario of questions. And I know one of your points today is that you want us to provide some kind of recommendation involved with the ongoing use of this tool. What was the contractual cost to initiate this involvement with this tool by the Board of County -- I mean, I remember hearing it. MR. BOSI: It was $200,000 for the development of the interactive growth model. CHAIRMAN STRAIN: $200.000 bought the taxpayers a web link to use the model on their computer? MR. BOSI: Absolutely. CHAIRMAN STRAIN: Didn't give us -- for $200,000 do we have any physical piece of infrastructure to show for it? MR. BOSI: The ability to Jog on to their server and utilize the growth model whenever we see fit. CHAIRMAN STRAIN: And what if we don't renew the service? MR. BaSI: Ifwe -- we can still utilize the model in this current version, but it will never be updated with current information. Therefore, each pa"ing year that would go by, the information that would be produced by the growth model would be compromised because it's still stuck with the baseline of2007. CHAIRMAN STRAIN: One of the things you didn't -- I didn't see in the report was the cost. The yearly ongoing cost now to get back into the game. MR. BOSI: Well, that ha,n't -- we haven't identified that specific cost with a-- CHAIRMAN STRAIN: Well, how could we make a recommendation in these times when we don't even know what the cost is on a model that isn't on one of our computers and that we have to rely on somebody else's server for. That's real -- I didn't realize that. And FlAM was so handy because it was distributed as a model to function and use individually. This is a different twist. I didn't expect this today. MR. BOSI: Well, I would think, and it was my purview that you would review the growth model, see the output of the growth model, make a determination as to whether you believe there's a value within it, regardless of whatever the monetary association would be with the update. CHAIRMAN STRAIN: Oh, no, Mike. In these times nothing gets valued without knowing the monetary association. Page 29 DelrRJ 9, 2JuS AS can tell you for sure, there'll be no recommendation personally from me as a voter on this panel without knowing the implications to the taxpayers for the cost. So I don't know where you think you're going to go with this today, but that won't be one place for my consideration. Mr. Murray? COMMISSIONER MURRAY: Which begs the other question, that what -- these are two gentlemen who operate this business and they're the principals and they're the oncs who are the entrepreneurs and perhaps the only ones who know the secret rules and code. What do we have for the future? We're talking about a projection going out in the future. What do we have as a structure that can -- I don't say guarantee but certainly reasonably assure that in the future we continue to receive the opportlUlities to do our hocus-pocus? MR. BOSI: Well, I would probably have to take exception to the term hocus-pocus. COMMISSIONER MURRAY: I'm sony. I didn't mean it in ridicule. MR. BOSI: There was a scientific -- COMMISSIONER MURRAY: No, let me qualifY that, I -- MR. BOSI: -- approach that we took with regards of this model in that regard. And I understand. I understand, it was just a terms of phrase. I would have to defer to Dr. VanBuskirk in terms ofthe viability of his linn and his firm to service the model on an annual basis as sees fit. I couldn't comment upon that. COMMISSIONER MURRAY: Well, and I understand. And I'll say out completely that I was not using that in a derogatory way. But I will say to you that it is an imperative that the left -- right hand is how much today and the left hand is how can we be sure that we're going to continue to, if we go forward, continue to benefit from it well into the future. And that's a question I think needs to be answered, as well as the first question. CHAIRMAN STRAIN: Mr. Wolfley, thank you for your patience. You were next. COMMISSIONER WOLFLEY: Well, Mr. Strain, you covered about 95 percent of what I was going to ask regarding that. A couple of months ago when I first saw this model, or different parts of it, I expressed a similar concern. I didn't get into as much depth about money and so on. I noticed here that it has a trademark on the interactive growth model, which made me think that we paid for something that we'll never own and never be able to use. Whereas here on -- well, the RLSA or the planning commission it would be very convenient to be able to pull up here while we're talking about something going on, say Big Cypress or something like that, it would be interesting to be able to put five years of non-growth into it and see how that affects it in 50 years and whether or not we're planning the correct way. I initially thought when we saw this at a committee some months ago that we would actually be able to use this interactive growth model. thus the term interactive, and we could -- the people who paid for it could actually use it. And that was my concern. MR. BOSI: The people who paid for it, the Board of County Commissioners in controlling of the direction to the county manner and the staff associated with comprehensive planning, we've already processed a number of requests for output for within the growth model. So we definitely have the utilization of the growth model firmly within our control. Whether the viability of Van Buskirk going forward is the question that you would like to address, I would have to defer to Dr. VanBuskirk upon tbat. But we have the ability to manipulate and ask what if scenarios, I mean, right now. And we've already done that a number of times through the web base server. What I hear is there is a reservation because there's not a tangible physical model that's in your hand. And the requirement that you have to go through a web base server to run inquiries within the growth model has caused a sense of discomfort for the planning commission? COMMISSIONER WOLFLEY: No, let me clarifY what my concem is. I think it should be housed in the county website. It is a county -- it's for us. It's for us to use. It's like going on the appraiser's website and looking for the cost of a -- or the last sold on a home as an appraised value. It's that. It's about our future. It's what we do. I mean, we need this kind of stuff every time we open up a packet a week before a meeting. And 1 just don't know why it's not available to us. MR. BOSI: And it's specifically and it's clearly articulated for individual land use decisions on a small scale. It's not intended to be a model to address that. It -- COMMISSIONER WOLFLEY: I think it's broad. Page 30 16 lIAS December 9,2008 CHAIRMAN STRAIN: Mike, I think there's two concerns. You did articulate one, that we don't -- it's not tangible, we haven't got our hands on it. And the second is you're asking for some support on something that we haven't have a cost for either. That will become an issue before the discussion's over today. So there are basically -- there might be now two issues, so-- MR. BOSI: And I would ask that Dr. Van Buskirk, who I'm sure who's ready to approach both ofthose subjects-- CHAIRMAN STRAIN: Okay, we'll go on-- COMMtSSIONER MURRAY: Before you go. CHAIRMAN STRAIN: -- with the presentation after Mr. Murray has his question. COMMISSIONER MURRAY: I think it's relevant. You may not think initially relevant, but I think it is. It's my understanding, by the way. that the state statute requires we use the BEBR to do our planning for projection of population, is it the intent ultimately to find a way to get away from that and utilize this projection of population? Because the term or the word accurate is used here frequently. And that's good if we can do that. We don't think BEBR is necessarily accurate because of its lag. This being dynamic, this might very well be more accurate or accurate. So -- and also, it's in increments of five years, but they're in one-year series, are they not? They're updated each year? MR. BOSI: Each year you update your baseline conditions with the changes that-- COMMISSIONER MURRAY: Right. MR. BOSI: -- have happened in the past year. COMMISSIONER MURRAY: So in other words you'd have a parallel. You'd have the BEBR and you'd have this information together. Which one would we have to use? MR. BOSI: Until we would change the Growth Management Plan, we would utilize the BEBR numbers. The intent of comprehensive planning was to introduce this planning tool, provide it to the planning conunission and the Productivity Committee and the Board of County Commissioners within its first year of development to utilize it as a planning tool. And then as the comfort level with this model became more engrained within the system, then we would begin a deliberative process as to whether we saw value and whether it was something within DCA's purview towards where we could substitute the utilization of BEBR within our capital improvement program processes, to utilize the interactive growth model. But I didn't want to suggest. oh. here's a planning tool. let's change our Growth Management Plan to utilize this right now before a level of familiarity was provided to the planning commission. So within the first year after its development, comprehensive planning's purview was just to allow you to become familiar with the processes, how it works, what the outputs are associated with the growth model, and then see where the conversation -- where the Commission and the Board of County Commissioners would like to take -- would like to see that conversation go. If they see the value towards it, maybe expand the reach and the utilization of the growth model. But that would be determined based upon the receptiveness that each of the bodies would have towards the interactive growth model. COMMISSIONER MURRAY: Thank you, Michael. DR. V AN BUSKIRK: Let me explain the web base use of software. The web base use. the county has complete access to the software. It's no different than Bill Gates' Word or Excel. It's copyrighted. You have a license to use it. But you can't produce it and give it to somebody else or you can't reproduce it and sell it to somebody else. Obviously it's the intellectual property. Bill Gates' intellectual property or our intellectual property. On the website, he has a password for security. He can go in, he can make all the changes he wants on a baseline, do all the what-if scenarios, make all the changes that he wants on the build-out scenario. The model will reprocess the data. it will produce all the data sheets. He's got access to every one of those data sheets. He can reproduce them and bring them out into Excel for him, and he can go in and manipulate them all he wants to as well. The advantage of the web base is that when there's updates. the updates can be done easily without having to travel down here and have to pay that cost. If there's any problems that they run into, they can be resolved immediately through the web base by contacting us and having our software designer make a system in correcting those problems. And most of your software today, particularly your customized software, is web based software because ofthat purpose. The key to it is security, to maintain security on it that they have a password that the county can get into. Because if anybody can get into it and starts playing with all these numbers, they're going to screw up your databank. So you want to be sure that whoever has access to the databank to make those changes, you know who they are and it's secured. Now, the results are available to everybody. Anybody can have the results; there's no problem there. And. you know, that's basically the way the industry is operating today with customized software. You've got complete access to it. Page 31 16/ 1 A0 December 9,2008 What role do we play in the future? That's up to you. You can run that thing yourself. He can update it himself. He can make those changes and those what-if scenarios. Where we come into play is when you want to do some other things with the model, you want to expand the model's use. One of them is, and I'll talk about it -- I was going to talk about it, is we're doing all the traffic data now for the traffic for the -- traffic zones for the MPO. When it comes into -- and I'll talk about that, when it comes into analyzing a DRI, which is a large-scale project, you know, and the model can provide all that data to analyze that DR! and its impacts and effects, and it has all the supporting documentation for testimony. So there's a lot of things it can do. So anyway, that's essentially how it works. And it works well with all our clients. We have Auburn and we have other clients as well, and they like the web base, using the web base system. And they have complete access to that system. And you have a license for the software. So I just don't know what else we could do. Would you like me to continue, Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. Please do, thank you. DR. VAN BUSKIRK: Thank you. After we had inventoried all the development and for the baseline data all the development activities via dwelling units, commercial, office, schools. parks, et cetera, then what we need to do is we need to determine the yield at build-out. And here's where we used the future land use plan. And we look at each of -- all those subdistricts, and then using their guidelines, rules and regulations determine what the development yield would be for all those subdistricts by those zones. This is kind of an example. And some of those zones yields are relatively straight forward, like the Golden Gate Estates. But the RSLA (sic) is a little more complex. And I'm going to talk about that a little bit more what the -- what we did. Actually, the staff did an analysis based upon historic data they now had for the credit yields from the habitat and from the flow ways and the water resource areas. And then translate that through a series of algorithms into what would be the most likely numbers of towns, villages and hamlets and the baseline and the ago land as well. Now, what the model can do, if decided that hamlets are going to be dropped from the regulations and then the model can drop that and incorporate it into the villages and towns and what have you. So any changes that take place are very easy to enter that data into the mode! and then the model reprocess all that data in producing a new output. So I want to illustrate again here one of the printouts that the county staff can easily do. And this is for build-out. And here again, at build-out these are by the different clusters, so they'll show the single-family, multi-family, the schools -- here now is where the schools come in that are required to meet the demands of the population, the new schools. And by school -- plan type, the amount of retail square footage required to serve that population. Offices and services square foot space is required to serve that population. The industrial acres and industrial square foot. Hotel/motels, fIre stations, et cetera. So now that we have the build-out scenario and it's -- all that data is by zones and by clusters. I just want to -- now that we have all this data, we can do a population forecasting for the study area. And we found in south Florida that the most accurate method is the logistic curve. And we've done a lot of that research on that, and I'm going to talk about some of that research that demonstrates the accuracy of the curve. But what I wanted to point out here, you know, traditionally in Florida the population growth has been underestimated using BEBR's numbers. And BEBR has consistently underestimated population growth. And that's been pretty well documented. But if you do a straight line extrapolation, that's the lower line here, the lower purple line, it's kind oflinear from the beginning, you're going to underestimate growth. And if you underestimate growth, you're going to over-utilize your infrastructure and you're going to wear your infrastructure out before its useful life. And that's a very -- and you don't get a return on your capital investment. When we get past the inflection point. which is kind of -- is the midpoint of the curve. if you extrapolate then, you're going to overestimate growth and you're going to underlies (sic) your infrastructure if it's based upon growth. And then again, you don't get a return on your capital investment. So once we had determined the build-out in detail and we have historic data, we can then -- scientifically and through the computer models, we can then forecast the population growth over time in five-year increments. And if you're familiar with statistical analyses, if you have an R-square of .1, that means that every one of those historic points fell perfectly on that line. And here we have an R-square of about .81. which means we had an R about .9. And that's pretty accurate in terms offorecasting. And we're using a 95 percent confidence in the rule. We can use a similar analysis to forecast for the study area, but we also could disaggregate it from the county's curve as well to validate it. Page 32 16 / 1 A~ December 9,2008 Now, build-out of study area is about 442,000. And the current population is about 80,000. COMMISSIONER MURRAY: Sir? DR. V AN BUSKIRK: Yes. COMMISSIONER MURRAY: When you say current population. are you referring to the study period or are you talking about today? DR. VAN BUSKIRK: 2007. COMMISSIONER MURRAY: Yeah, that's what I thought. Okay. DR. V AN BUSKIRK: So what we did in order to validate the Collier curve is that we looked at communities that are in south Florida that are most similar to it. We're looking at in terms of simulation models and series of simulation models and forecasting models. And I'm going to show you that shortly. This is Collier County and that's where you currently are on your forecasting curve. Now, we looked at Broward County, Palm Beach County and Sarasota County and Collier County. And we wanted to look at their mathematical expressions to determine the growth coefficients and see if they make sense. And I'm going to show you here. We can see that Collier County's growth is faster than Sarasota County's. And it's slightly slower in Broward and somewhat slower than Palm Beach County. And that makes kind nf sense if you look at the history of growth of those counties. So we felt pretty comfortable with the Collier County growth. And then this is the forecast for the county. and -- well, around 2006 there was around -- I think it's 333,000, (33)4,000 today, something in that order. And build-out it's 950,000, which is lower than what your 2005 study called for. And this is for the study area. In 2007 you had about 80,000. In the build-out it's 442,000. And the model's forecast again is lower than what the 2005 forecast was involvement. And I'll explain why the difference. The other four steps we need to do is the criteria and the fonnula<; for spatial distribution of development over time. And I'm going show you a print-out that shows all that development for each one of those zones over time in terms of number of dwelling units. And we developed a series of sub-models. The future land use plan is really a supply model that tells us what the supply of land uses are. And the sub-models -- or the demand models, they'll determine what are the demand for elementary schools, middle schools and high schools, what's the demand for commercial space, what's the demand for fire stations, what's the demand for community parks and et cetera. So (what) we're going to do is we're going to take those supply models and those demand models and see what deficiencies we can identifY. And the data output is in five-year increments, and it's on those big spreadsheets that you see. And having a lot of data, you can't expect the policy makers to be able tn take all that data and to analyze and interpret it. So we take that data and we translate it to graphic interpretations for the policy makers in order to get an understanding of a -- and an interpretation of the results. This is the development schedule. And (what) the development schedule shows is the distribution -- no, is the -- I've got to go back. There we go. And here again, it's the -- these are the zones here under the zone name. And then here again are the clusters. And then over here would be the number of dwelling units, the total number of dwelling units each year for those five-year increments that would be in each one of those zones over time. And you can see for the RSLA (sic), you know, it starts out with Ave Maria in about 2007. and then 2015 some ofthem are coming on line, and 2020 and 25 and 30 and et cetera, and all the way to build-out in five-year increments. Just to talk a little bit about how the population model interacts with this model. This development mndel is a whole series of algorithms, both to the growth rates, the distribution of population based upon a bunch of coefficients. Its proximity to transportation corridors, utilities, proximity to current development in terms of gravity models. And then also there's a series ofalgorithrns that as these zones come on line for development, if you look down at the bottom here it says the grand tntal is 32,781. Well, the total under the population forecasting model was 33,712. And what it does, it arranges these until they best match that population model. And it's as close a match as you can get. This is the sub-model. This is the series of demand models. And again, they're by clusters. And they're fnr each year for five years in the forecast. And what they'll do is they'll determine, based upon the population and its demographics -- and I'm going to talk about demographic models too shortly, because the demographics change over time as well. But what it will, it will forecast the number of elementary students that are generated, middle students that are generated, high school students that are generated, the demand for park acres according to your level of services from your AUJR, and likewise -- and by type of parks, be it a community park or regional park. The demand for retail space, offices and services. And industrial model is not a demand model. That's a design model that's ba<;ed upon the policy makers in terms of how much industrial development they want in their community. Page 33 16 1 1 il5 December 9,2008 So there we will be each one of these for five years out to 2080. There are a lot of other models besides those demand models. The demographic models -- the demographics change over time. But the demographics in Immokalee are much different than the demographics in Ave Maria. Immokalee has almost four persons per household. And they're much different from the Estates which is around about 3.3. 3.4 persons per household. It would be much difference from the rural fringe mixed use district. So what we did is if you look at how do you determine the demographics, you have to look at similar type of developments and different stages of development. For example, in Ave Maria, we just completed the growth model for Auburn, Alabama, which is the university community, and did an analysis ofthe university community's demographics. We looked at Georgia, at Athens, we looked at Gainesville, University of Florida. Corvallis in Oregon. So we can see the change in demographics over time as the population now becomes a greater percent of the total population from the university population and et cetera. So we applied different demographics for each one of those clusters that you saw, and the change in demographics over time as well. Economics. There are economic models. The demand for retail space increases as the population increases. And there's a relationship between the critical mass of population and the amount ofretail space. So we need to look at those models as well. The socia-political. Socia-political is zoning. That's a socia-political activity. Future land use plans are what we call socia-political. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: In that economic model that you're referring to, you talked about retail and we talked about earlier, we talked about agricultural, which converts into call it production which is somewhat -- it's not retail but it's not industrial either per se. But that's part of the economics that are associated with the area out there. That's not included? Do I understand that then that that's not included? Because that's a work product from a large surface area that we do have some -- DR. V AN BUSKIRK: It's included where the agricultural -- it's classified as toad processing and those type of activities. COMMISSIONER MURRAY: Is it in our models? DR. VAN BUSKIRK: It's in the model and it's under the industrial aspect, because that's the way the feds classity it when you do the old SIC or the NAC codes. So it's incorporated in that industrial part of it. COMMISSIONER MURRAY: Okay, at least we got captured some of it. Thank you. CHAIRMAN STRAIN: Doctor, so you can -- up here, sir. Hello. Doctor? DR. VAN BUSKIRK: Oh, I'm sorry. CHAIRMAN STRAIN: Not a problem. Just so you can time yourself accordingly, we take a lunch break at about II :45. I didn't know we'd have to take one today, but it looks like we're going to need one. because we have still a lot to go over. So about 10 more minutes we'll be taking a break for an hour. DR. V AN BUSKIRK: Okay. Of course land resources. And we talked about in tems of how much land to require for middle schools. high schools and elementary schools for community parks and et cetera. And I'm going to get into that into detail. So the Collier interactive growth model is (an) extremely complex model, and is a very complex environment we're working in. But also has its limitations, and I'll talk about that too later as well. The model's essentially a series of algorithms. And I just want to describe briefly an algorithm, and then I want to show how we apply the algorithms to the model. An algorithm is a procedure for solving a problem that has many solutions. But when you define the parameter, it produces a solution. And I always use the analogy of when you go on Map Quest and t want to go from Naples to Orlando and it comes up with three different routes, so it has three different solutions. So you choose a parameter. I want the shortest route. Gives you the shortest route, that's the solution. J want the scenic route, it gives you the scenic route. That's the solution. We have the same thing here. Our algorithms are things like what are the -- what's going to be the school plant capacity of an elementary school. Is it 900 students? Well, then that will produce an algorithm. That will produce a solution in tems of how many elementary schools do we need, knowing what the elementary school population is. So we have a whole bunch of these parameters. Now, these parameters can be easily changed on the model. If the school district says well. it's not going to be 900, we want to go to a 500 module, we can go in and just change the nine to 500. It will reprocess all the school data and then produce all Page 34 161 1 '143 December 9,2008 those spreadsheets on schools where the elementary schools come on line where they will be when they're needed. So here's some of the basic parameters we use in terms of the study area. And then we have the real specific parameters like school plant size. But we applied the study area limits and we used the future land use plan, the Growth Management Plan for the guidelines rules and regulations for future development. Now, if the policy makers change those rules, regulations and guidelines, we can go in and change those zones those changes occur in determining the new development yield that would be at build-out. And the staff can do that. They can go right in -- they don't need me to do that, they can go in the model and do that. They can make all those changes they want to make. And we use your current level of services, you know, for parks. We use your current level of services also -- we use what we call the ISL standards for your fIre stations and we use the Class I when we did that as a standard. The standards for the commercial, what we did, we did an inventory of all your neighborhood shopping centers in Collier County and all your community shopping centers and all your regional shopping centers and then determined the average service area and the average market to support your neighborhood, community and regional, and then applied them to the model. And here again, if you want to change that data, you want to change the service area or the service population in terms of a parameter, we can just go in the model and we can change it. The type and intensity of development, according to the existing zoning for Immokalee. We found out in Immokalee that in your 2005 study you used the 1991 Immokalee Master Plan which had extremely high densities, and it produced a population in your 2005 study of 100.000 people at build-out for Immokalee. We used the zoning, because the zoning was more in line with the market and what's going on. And we come out with a build-out population of 60.000 instead of 100,000. So that's one ofthe reasons why we had a differential in the 2005 forecast, in our forecast. We used the ratio method for demographic trends. And I talked about one of them is that we looked at-- for like Ave Maria, we looked at university communities and looked at the development over time to look at what the demographics would be and the demographic changes over time. And we do that for other developments of similar type developments. And as a result we developed a set of demographics for each one of those clusters that are in the study area. COMMISSIONER MURRA Y: Excuse me" CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Based on that, you're using the ratio method is what you're saying. Okay, and that also suggests to me it's a good proof of the projections as you're going along. That should follow the curve. DR. V AN BUSKIRK: That's correct. COMMISSIONER MURRAY: Okay. That's a good check. I think. Because otherwise, the projection, what you had said before, anybody can go in -- you know. the persons who are authorized go in and modifY something. And particularly when I heard you qualifY the retail, the retail that exists in any given place mayor may not serve the area, and that's proof over time by those that go out of business and are replaced by something else which mayor may not serve the area. And then to take an average of that, I'm sure it's good science, but J find myself confused by how that can give us a realistic projection. So you used the ratio method all through this whole thing? Okay, thank you. You do understand what I was projecting then, right? DR. VAN BUSKIRK: Sure. And you have different markets for commercial, for schools and for parks, et cetera. Different service areas. For example, for the commercial you had three neighborhood centers that are right on 951, so half of them serve the study area and then they serve the areas west of 951. At different markets there. So I want to talk a little about the specitivity (sic) of the model, because the model has its limitations, just like anything else. And essentially J kind of describe it is that, you know, they can specifY the number of children are generated in the elementary school age or middle school age and then one of those five-year increments. And it can provide the data that we're optimally to locate those schools that are near where these children are generated. So you can do some smart growth in terms of trip generations and that good (sic) things. But the one thing it can't do, it can't tell you what their FCA T scores will be in 2035. Just won't do it. Or if you want to do it, it would cost a lot of money and might not tell you nothing. But I get a lot of crazy questions about, you know, what happens if an atomic bottom falls and all kinds of things. And the model doesn't have that level ofspecitivity (sic). So what we want to do now is I want to show you the results, and maybe this is a good time to break, Mr. Chairman. Page 35 161 1 ~ December 9,2008 CHAIRMAN STRAIN: I was going to ask you what works for you. Ifit does, then that would be fme. Why don't we break and come back at 12:45 and we'll resume at that time. Thank you, sir. (Luncheon recess.) CHAIRMAN STRAIN: Okay, welcome back from lunch. We're still on the Horizon Study discussion from the Collier County Planning Commission. Dr. Van Buskirk was partway through his presentation. Sir, it's all yours -- oh, Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Good aftemoon, sir. Do we know what this is going to cost going forward? Do we have a cost to start the interactive program? What's the future cost? How is it arranged? DR. V AN BUSKIRK: Well, let me put it this way: My personal objective is that you don't need me at all. That's what J'd prefer, that staff can do the whole project itself in those terms. And it depends upon what is it you want to do. If you just want to do the update, you look at the cost for the update to assist staff at this point in time for the baseline. You know. usually you sit down and work out -- you have your work task, you figure your hours and your hourly rate and so forth and so on. So I'm -- you know, I'm speculating here. You know, maybe it's $10,000, I don't know. Ifit got a little heavy in terms of getting the data and processing data, you know. I could never see it going over 20,000 or anything like that. There's a whole menu of items, like the Board of County Commissioners have already requested we do a library model to the growth model. J'd have to cost that out and see what that would be to expand the software to incorporate a library model. And some were talking about a medical model. So, you know, the software itself isn't costing anything. You got the license for that. It's the data we're talking about now. And so anyway, if I had to take an educated guess, you know. 10,000, probably reasonable. Ifit got difficult it might go up to 20. I'm not sure. COMMISSIONER VIGLIOTTI: One time charge or-- DR. V AN BUSKIRK: Yeah, that's one time, yeah. COMMISSIONER VIGLIOTTI: All right. thank you. CHAIRMAN STRAIN: Okay. sir, you can-- DR. V AN BUSKIRK: Ready" CHAIRMAN STRAIN: -- move forward. DR. VAN BUSKIRK: What we're doing now is we're going to look at the results of the model. You know, we've loaded the model up, we load the baseline up, we loaded the build-out up. We've done the distribution of dwelling units by zones over time. We did the demand models, you know, what's the demand for neighborhood commercial centers, middle schools, community parks. et cetera. Now we're going to see the results of that data in graphic form. And then I'll try to explain it. So what we're looking here is that we're going to show the population distribution, we're going to show school plants, when they come on line, where their location should be, parks, commercial centers, industrial parks. And I'm going to talk a little bit about industrial, because that's a design model, that's not a demand model. Fire stations and sheriffs substations. And then if we've got time, if you want to, I to do a walk through time. The walk through time is that we actually integrate all these disciplines, the schools, the parks, and look at I O-year decades and see what development occurs over the decades. 20 to 30, 30 to 40, 40 to 50 to build-out, that thing. And then there's some conclusions that I presented to the Board of County Commissions and I'll present the conclusions also to you. This is kind of interesting here. This is what the population is in 2007 in that build-out. And you see for Immokalee it's around 22,500, and at build-out it's forecasted at 60,000. The 2005 study forecasted 104,000. And again, I explained to you what would (be) the difference between the 2005 study and what the model used in temlS of forecasting. The Golden Gate Estates is at about 33,000, and they'll be about 80,000 at build-out. You think about it, 8,000 is -- you know, metropolitan cities threshold is about 50,000. So it gives you an idea of the magnitude of development. And then for the rural fringe mixed use district it's about 2,000. That would be about 35,000 at build-out. And if we look at the total. we're about 80.000 in 2007, and at build-out we'll be at 442,000. And the 2005 study had it at 5 18. So I'm going to talk a little bit why there's a difference between the 2005 study and the forecast from the model. In the 2005 study they use what information and data they had, and they developed an estimate and a target. We had historic data on the generation of credits in the stewardship area, so we were able to forecast what would be the generation of credits to build-out and translate that into development in terms of towns, villages and hamlets. The interesting part about that is that in forecasting that, we're going to preserve 100,000 acres in the SLA. And we're Page 36 161 lis December 9, 2008 going to develop compact development on 45,000 acres. So you've got a two and a half to one ratio there. Presently it's preserve and land that's developed in the stewardship area. The other difference was, is that in the 2005 study they used the household size that exists today. So your two large population areas are the Estates and Immokalee. And tmmokalee is like 4.0 persons per household, and the Estates is 3.3. So they had a very high person per household. And that similar household was applied to the SLA and to the rural funge mixed use district. And we know from research that the SLA is not going to have four person per household or even three people per household. So that's where we used data of similar types of development and we used the ratio method to see the forecast of the changes in those demographics over time. So if you take that in the changes in demographics, that's why there's a difference between the 2005 study and the model's forecast. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Sir? Doctor? Doctor? Hello, I'm here. DR. VAN BUSKIRK: Oh, I'm sony. COMMISStONER MURRAY: That's all right, we know that happens. Would you just go back a moment, please. DR. V AN BUSKIRK: Sure. I tried to backspace it. COMMISSIONER MURRAY: Previous. There you go. Okay, now, the green of course is the build-out. Was that 2007 not a build-out? That was the number. DR. VAN BUSKIRK: That's the current development that existed in 2007. COMMISSIONER MURRAY: And that was arrived at by straight line and linear-- DR. VAN BUSKIRK: No, no, that was done by an inventory. We inventoried every -- 70,000 parcels. COMMISSIONER MURRAY: That was an actual. In other words, that was a -- okay, that was -- DR. VAN BUSKIRK: And we ground-proofed it and we did aerial photos. I mean, that was a pretty long drawn-out process to do all that. COMMISSIONER MURRAY: Okay. What I'm fascinated by, you used the sigmoid method, though, for those items in red? DR. V AN BUSKIRK: That's correct. But actually, that is just build-out. So the build-out was the estimate ofthe yield based upon the future land use amendment of the Growth Management Plan. So the sigmoid lies in between those two somewhere. So if we do the five-year increments between the 2007, hetween the green and the red, then the sigmoid curve will tell us, we can hring up those sheets and it will tell us how many dwelling units and-- COMMISSIONER MURRAY: Yeah, I appreciate that. I was just looking at the significant difference hetween what the stat -- the number now, 2005 number and against the projection. And that's because of the availability, 195,000 acres: is that right? DR. V AN BUSKIRK: That's of -- in the RSLA (sic). COMMISSIONER MURRAY: Well, that's what I'm looking at in specific, yes. DR. V AN BUSKIRK: That's correct. That's based upon the credits that would be generated, and then translating those credits to development, i.e., dwelling units. COMMISSIONER MURRAY: And that's where we'll find our hamlets, our townships and whatever else -- our towns, rather. DR. VAN BUSKIRK: Yeah, uh-huh. COMMISSIONER MURRAY: Thank you, just want to be clear. DR. V AN BUSKIRK: What we're going to do now is that we're going to -- hy shading we're going to see what percent of development occurs in the -- in those various zones. So if you see the real dark green, that means it's 90 to 100 percent developed. It doesn't reflect what the density is. You know. it could be 2,000 units in that T AZ or it could be 200 units in that T AZ. So it's just reflecting the percent of development that occurs. And as those shades get lighter. then the percent goes down to 80 to 90, all the way down to zero to 10 percent. which is the very light area in the beige area. So when I activate this -- there we go -- it will show the year and then it will show the population in the study area. And then the dark green shade will start shading in. Page 37 161 1 +5 December 9,2008 And it's occurring mostly around the Estates. Actually, the Estates are going to build out first. The Estates will build out between 2035 and 2045 -- or 2040. Between 2035 and 2040, somewhere in there the Estates will build out. And now we're out to build-out year, and of course it's all shaded green. And then the conservation areas where we have static development remain pretty much the same, they don't change that much. COMMISSIONER MURRAY: And sir, if! may again, that's where I was trying to make the point earlier. Graphically it certainly I think speaks to it. The absence of any agricultural, how shall we say, points or graphic depictions, the -- it looks like the entire place is going to be developed, and you -- it's somewhat distressing to me, because I thought that part of our requirement -- again, DCA, the state has said we should try to protect our agricultural lands. And so this really paints a picture that I don't feel confident is the truth as -- I recognize what you're intending to project. DR. V AN BUSKIRK: Yeah, it's just to show the percent of development over time. COMMISSIONER MURRA Y: Well, but people are going to look at this, they're going to seize on it and they're going to be misled by it, t suspect -- COMMISSIONER WOLFLEY: Chair" COMMISSIONER MURRAY: -- unless they're educated specifically. CHAIRMAN STRAIN: Go ahead. COMMISSIONER WOLFl.EY: I think what they could not project in here is where these hamlets, townships and so on are going to be. There aren't going to be humans all over the green area. They're going to be spotted in certain areas. But what they're saying is the amount of population that is allowable in the area, and which won't be all of that because most of it will still be agricultural, preservation. so on, so forth. So it doesn't -- it's not like going to be homes like the Estates all over the rural lands. That's not the purpose of it. COMMISSIONER MURRA Y: Well, I understand your assertion. But if you take into consideration the Golden Gate Estates and you see the darkness of that -- COMMISSIONER WOLFLEY: Misleading. COMMISSIONER MURRA Y: -- and you take into consideration all the other eastem lands, they have the same darkness. So a person would have to know what we've come to understand today to make a conclusion that's valid. This does not. It suggests another conclusion. CHAIRMAN STRAIN: Maybe we'll get more information if Dr. VanBuskirk continues. DR. VAN BUSKIRK: Well, you know, truthfully, you know, you've get the GIS capabilities to do that. The data is there; the data is in the model. If we want to extract the data, they can do that to show where development takes place. We do have -- you know, we do have designated where the villages will be in the rural mixed use district. And we have designated the towns and the villages and the hamlets in the SLA. It's just a question of taking the data and having the GIS translate it. This was probably the easiest way to do it. But anyway, if you want that, maybe you can get together with Mike and your GIS people to do that. Now, what I wanted to illustrate here, I was looking at the fringe mixed use district and the Golden Gate Estates by itself to demonstrate when development would occur in those various zones to build-out by year. So that population represents the Golden Gate Estates in the rural fringe mixed use district. The rural fringe mixed use district is the last one to be built out. And that will be around 2070 or somewhere in that order. And then this is the stewardship area. The orange is the boundary ofthe stewardship area. And again, this just demonstrates the percent of development in terms of what can be developed in those particular zones. The second cluster or subdistrict to build out would be Immokalee, and the third would be the -- and I think Immokalee's around 20 -- yeah, Immokalee's around 2055, and then the SLA's around 2060, somewhere in that order. So if we're looking at the order of build-out, it would be the Estates, Immokalee, stewardship area and then the fringe area. COMMISSIONER MURRAY: May I ask a question of Mike, please? Would we consider large tracts ofland that are dedicated to farming as already, quote, unquote, built out? MR. BOSI: You mean the current SSA's in there? Yeah, because they're restricted from development, there could be no development that's going to be going on. And I think that's what you're indicating, that the person who's viewing this slide show and seeing these areas fill in dark might interpret that that's going to be where development is -- COMMISSIONER MURRAY: Absolutely. MR. BOSI: -- inevitably going to be. COMMISSIONER MURRAY: Absolutely. Page 38 16 lIAS December 9,2008 MR. BOSI: And it's not the case. I mean, because you have to remember, within the RLSA district there's 197,000 acres. 45,000 acres is going to receive development. So it's basically] 50,000 acres that's either going to be placed in SSA or it's going to remain in agricultural zoning district projected by this growth model. But the way that it's viewed on this Power Point presentation and the way -- because he's filling it in with percent developed, it looks like wel], oh, it's turning dark, that means it must have development in there. It might have satisfied its criteria for being developed. but there may be no development in there because it's dedicated to agriculture or it's dedicated to conservation. COMMISSIONER MURRAY: All right, Mike, this is as map rendition that is small. Do you anticipate -- do you project having, if you go forward with this, having a large map that would show where the -- again, I recognize this is intended -- MR. BOS1: I think what you were looking for is in part of the 2005 build-out study they did a presentation in terms of concentration of population -- COMMISSIONER MURRAY: Yes. MR. BOSI: -- and they built the bar chart for each individual zone to show where that individual zone was adding population. I could work with my GIS analyst Beth Yang towards where we could have the population take those spreadsheets relatively easily and build the population by T AZ and show you increments of that so the areas that aren't expected -- the T AZ zones that aren't expected to have population concentrated within them, they would remain relatively untouched by the pattern of colors. COMMISSIONER MURRAY: Well, you know, I'm going to make. whether now or later or both, I'm going to make a suggestion that that's probably not a bad idea to do in anticipation of your final presentation to the County Commissioners, who could probably benefit from such information. MR. BOSI: And I'll take that advisement. We are going on the -- we're going next Tuesday to talk to the Board of County Commissioners what happened at today's meeting. We weren't planning a fu1l-blown presentation, because they've already had their presentation. They were just interested in looking for what the specific recommendations that were going to come from this body. But if we move forward with it in the future, I'll defmitely take that under advisement and would modifY any Power Point presentation to show in that manner. COMMISSIONER MURRAY: t think you do yourselfa service if you do. CHAIRMAN STRAIN: Doctor, if you could continue, maybe we'l] get through your presentation. Thank you. DR. V AN BUSKIRK: What we want to do now is graphically show the location and timing of elementary, middle and high schools as a function in number of students that are generated from the forecasted population. And here again, we're showing what the enrollment is in 2007 and what the enrollment would be at build-out for elementary, middle, high school and total school population. And the school population goes from] 7,000 up to 82,000 at build-out. What we have here is that the symbols -- the green represents elementary, the orange, middle, and the red is high school. These are the existing school plants in 2007. They're going to turn black, show existing, and then the new ones are coming on line, and you'll see them in terms ofthe elementary and the middle and the high school over time. And this is in the rural fringe mixed use district and the Golden Gate Estates. And here we used the capacity for school plants that the school board was using. And generally a school plant comes on line when two-thirds of the -- when it comes on line, it will be two-thirds full -- two-thirds of capacity will be the emollment in the school plant. COMMISSIONER WOLFLEY: Nothing's moving the last 30 years. DR. V AN BUSKIRK: And build-out is essentially around 2055. We call it 90 percent build-out. The reason we use 90 percent, because if you'll notice in that curve, the top of it is very flat and it takes several decades to build out. So we're looking really, when we talk about build-out, we like to talk about 90 percent. It's more relevant for planning purposes. And this is of course in the Immokalee area and in the stewardship area. There we go. When we did the analysis of the supply. you know. versus the demand models, there was a demand for 42 elementary schools at build-out in the study area, and there was a supply for 3] sites. We were II sites short. And those shortfalls are basically in lmmoka]ee and in Golden Gate Estates. And I'll talk about that a little later on. But most our shortfalls are in lmmokalee or the Estates. And Immokalee, I understand there's a group that's doing a comprehensive plan update, and they'll probably address those shortfalls as well. So we're at build-out now pretty much in 2055. Now the community parks, there was a demand for the parks in 2007 and then this is the demand at build-out. This is Page 39 161 1 AS December 9,2008 based upon your level of services for community parks and regional parks. There were no provisions for regional parks in the future land use plan and in the stewardship area and the fringe area as well. But what happened with the parks, when we analyze all the existing community parks, they varied from six acres to 45 acres. And traditionally you have a module for community parks. And the National Park and Recreational Association recommends between 20 and 50 acres as a reasonable module for community parks. We used 18, because that was the average of all your community parks in the study area. You might want to recommend like 36. and you fall within that -- 36-acre module falls within the recommended guidelines of the National Park and Recreation Association, but it reduce -- it's more economical. It reduces your operational cost and your maintenance cost. And that has a defined service area, so it's easier to plan for the community parks ifyoutve got a module to work with. So we had ajust developed module to run the model. And per the community parks, we were -- it called for a demand of29. The Future Land Use Element provides for 24, and we have a five community park shortfall, which again is Immokalee and the Golden Gate Estates. And that's pretty well at build-out. Again, if we look at the stewardship area and then this identifies the community parks when they would corne on line, what years they would corne on line, where they would be located in teons of their zone. And here again, there was a shortfall within Immokalee. And this is pretty well built out by 2055. Now, for fire stations, what we did is we -- for our parameters, we used a Class I for the location of fire stations. It called for a mile and a half of -- their service area is a mile and a half on the all-weather road. And also it was kind of interesting about the fire stations, these are the existing ones, that their service area, if you look at it on average, they serve about 12,000 people on average, the pumper station does. And if you'll look at the EMS, they service about 14,000, given their service area. on average for population. So there's opportunities to co-locate the EMS and the fire stations. CHAIRMAN STRAIN: Mr. Wolfley had a question of you , sir. COMMISSIONER WOLFLEY: Let me -- if you could just leave it right there. The ones that are coming into view, let's say in 2045 right now, is it only the ones that are in black that are existing in 2045? DR. V AN BUSKIRK: They were existing in 2007. COMMISSIONER WOLFLEY: Okay. that's-- DR. V AN BUSKIRK: And they exist in 2045. COMMISSIONER WOLFLEY: Okay. Because I was reading this as the red is future: is that what that is? DR. V AN BUSKIRK: No, something happened to the -- COMMISSIONER WOLFLEY: Okay, no, the red is existing-- DR. V AN BUSKIRK: The red is future and the black is existing in 2007. COMMISSIONER WOLFLEY: Whether it be a school. a park or a lire station, an EMS station, if they are on the map, it is build at that year if it is red? DR. VAN BUSKIRK: Yes. The red's the year -- when they corne on line in that year, that's when-- COMMISSIONER WOLFLEY: It's just they were not existing in '07. I just want to know how to read this. Okay, that's the way it is, good deal, thanks. DR. VAN BUSKIRK: And the only place that -- we didn't have a shortfall oftlre stations, either. We had enough sites for fire stations. There was a call for 27, and we needed 27, but the Estates is not serviced by public water supply, so they're what they call a Class Nine in the Estates. And the Estates can upgrade to a class what they call Eight A, I guess it is, by different options. You talked about some of them this morning. as I recall. You know, you can have the dry hydrants and the wells and the ponds. And there's so much brush, you know, requirements, you can't have so much brush from a home and so forth and so on. So there's a lot of things that can be done in terms of the firefighting protection in the Estates. And this is over in the stewardship area. This would be in the towns and villages. So by 2055 this is pretty well built out. The fire stations are really a leading indicator. They come on line early in development, generally speaking. Now we're going to be looking at neighborhood shopping centers, community shopping centers and regional shopping centers. And here again, the stewardship area, there's no provision for regional facilities. When you look at the population of 2 I 0,000 at build-out, that's a metropolitan area. And you're going to be having regional hospitals, regional shopping centers and your regional facilities. So this shows the supply and demand for commercial space. And you'll see that in 2007 the supply retail space was 1.6 million square foot. And it was, according to the growth model, was a demand for two million. So it was almost in balance there. Page 40 Del~Jr 9, 1,08A-5 The office and services was.3 million, and there's a demand for 1.1. And if you -- and I've talked to some of the folks over there in the study area that for their professional services, they usually go on the other side of 951. So there is a shortfall of office and services space. So if you look at the total demand for office at -- and then we look at what the shortfall is and we see that the total demand for office and retail is 3.1 million and the supply in 2007 is two million, that there's a shortfall. Now, this is at build-out. And here again, we're looking for the supply model in terms of the future land use plan. There's a demand for 11.2 million square foot ofretail at build-out. No. I'm sony, their supply. 11.2 and there's a demand for 29.3. So there's a shortfall. And I'll talk about that a little bit. And then there's a supply of 6.0 million square foot of office services -- CHAIRMAN STRAIN: Sir. Mr. Wolfley has a question. COMM1SSIONER WOLFLEY: Does this mean that we should be -- in our job here what we do on the planning commission, start looking for more mixed use commercial type activity centers out there? DR. V AN BUSKIRK: Yeah, and I'll talk about them a little bit, where that is. If you look at the townships, what we did in the townships over in the stewardship area, we took the land use allocations that were in Ave Maria and the proposed allocations that are in the Big Cypress and developed a template. and said this is the template we're going to apply for towns. In their town centers some are, you know, 300 to 50G-acre town centers. They'll say commercial, civic, residential, but they don't give any indication of the magnitude of them. There's sufficient land within those town centers to make up most ofthis shortfall. And I'll talk about that a little later. But you're absolutely correct, where we have the shortfalls, we should be looking to see particularly if they come in with a town plan and they don't show enough commercial land to meet the needs of those people, theire going to travel five, six, eight miles and now you're extending your trip lengths, overloading your traffic transportation network. You want them to reduce that. So for like for convenient shopping. they only have to go a mile and a half. For community shopping you only have to go two and a half to three miles and et cetera. And this is true with the school sites and the other sites that were right in -- then Immokalee, when they come out with the Immokalee Master Plan, they should have addressed those shortfalls. I'll talk a little bit about the Estates. That's a little different stol)', and I'll do that toward the end and tell you what we think might be a solution to that. But anyway, you're absolutely correct. So what we're going to show here, we're going to show the neighborhood shopping centers which are in orange and the community in blue and the regionals are in red. And then the existing ones will turn black, and they're the ones that exist in 2007. And then the other ones, they'll be coming on line as it shows the year of20 I 0, 15,20 and et cetera. Generally speaking, you look at a neighborhood shopping center and you look at ULl guidelines, and then we did, we did an analysis right here in Collier County to adjust the size of your neighborhood shopping center. they're about 110,000 square foot. They serve about 13,000 people in the service area. And for the community and for the regional, if you take all the -- those commercial centers that need to serve your population, they only represent 30 percent of all your commercial space. The other commercial space is your office parks, your professional office services, your hospitals and anything that comes under that service category and that office category. So while these are the commercial centers and this is when they come on line and where they would come on line, and this is toward the Estates -- I think there's two neighbors in the Estates that are designated. And then I'll address that remaining commercial space we talked about. And this is of course over in the stewardship area. And here again, it will show when the neighborhood centers and the community centers -- now, there was no provision for the regional center, but if you look east of Ave Maria, we kind of thought that would be a good place to reserve land for your regional facilities, because the townships will be surrounding that. And you can have transportation nodes in and out of your regional center. So we put a regional center there. A regional center runs about -- I think it was about 150.000 here in Collier County. But you got Coconut sitting up there, and that's drawing quite a bit out of that area. So looks like one regional center would meet their needs here. And the regional center is like an eight-mile radius, so-- I'm going to talk a little bit about the indus -- the industrial model's not a demand model, it's a design model. And it's up to the policy makers to determine how much industrial space they want to reserve in their land use plans for purposes of industrial. We speak about industrial, we're speaking about business and tech park. You know, the campus type activities, not the smokestack type activities. You know, we're looking at R&D, you know, we're looking at medical instruments, we're looking at some time types of assembly, electronics assemblies and things of that nature. Page 41 16 I 1 ~ December 9, 2008 So that's what we mean when we talk about an industrial park. We call it a business and tecb park. So what we did is we looked at the changes in labor force over time that occur in counties that are similar to years. We looked at them, you know, up in Tampa and up in Pinellas and over on the east cost. As the county is developing, gets up to its inflection line, a large portion of its work force is construction and construction related. After the inflection point, development starts to increase at a decreasing rate. That portion of your labor force starts shrinking. And it's usually replaced by what -- the destination is manufacturing with the feds with the NAC codes and the SIC codes and all that. But (what) we're looking at here is kind of business park. We're looking at R&D stuff, we're looking at medical instnunents and things of that nature as a target industry. So when we look at that labor force and what's needed to fill that gap as it builds out, we're filling it up with that industrial land and that industrial space and industrial employees. So what we did then is we detennined how much was required to do that. And also, you're diversitying the tax base as well. So what we said -- and this is just for illustration. The policy makers can, you know, decide whatever it is they want to do. But for an illustration, we put a 50-acre tech park in each one of the towns in the stewardship area and in the fringe area. And that should make sense too to the developer, because he's not going to be attracting just retirees and seasonal homes, you know, he's going to be attracting pennanent population. and other than just your service population. So that should be a value to the developer as well. I guess what it is, it was a finn, I'm trying to think of -- Art Tech, is it" That was-- COMMISSIONER MURRAY: Arthrex. DR. V AN BUSKIRK: Arthrex. And they're in medical instruments. And they're taking up ]2 acres I guess in Ave Maria. And so you would see like four ofthose type of -- they call them small finns in tenns of industrial development. The other thing is we found out too, and we found this out Auburn, that Auburn capped its capacity, its university at 25,000 students. And the community is still growing beyond that. And they were a university driven economy and they put a lot of effort into developing tech parks and actually getting a lot of them up and running as spin-offs from the university for research and development and things of that nature. So that university R&D can work quite well in the future and there may be opportunities here to do that with Ave Maria. So given that, you know, you've got about two million square foot now out there of industrial, and at build-out to be about 34 million square foot. And you say wow, that's a lot. Well. we're also taking up the slack that's east of951. too. So we're looking at the county as a whole. And there is sufficient land in the Future Land Use Element of the Growth Management Plan to meet that demand if we put 50 acres in each one of those towns. CHAIRMAN STRAIN: Mr. Murray? Mr. Wolfley aftcr you. And Doctor, just so you know, I'm not -- I was originally expecting about a 30-minute presentation from you today, so we're getting into a lengthy period of time and this board still has to come to its conclusions yet and our questions upon your conclusion of your presentation. So hopefully we can get to the end of this portion of it so we can do our discussion as well. Go ahead, Mr. Murray. COMMISSIONER MURRAY: Would you go back a slide, please. This is startling. Two things come to mind. One is that you indicated earlier that agriculture is put into the industrial. And then you made a statement just now saying that this includes -- if I have heard you correctly and understand you correctly, this number also includes the lands east which, no, I didn't understand that correctly. So you're saying to me that in that 34.658,000 roughly square feet, that contained in there are also the tracts ofland that are for agriculture? Because that's what -- DR. VAN BUSKIRK: Only in the SRLA (sic). COMMISSIONER MURRAY: Well, how do we differentiate that? CHAIRMAN STRAIN: You have to use the microphone, sir, if you want to get-- DR. VAN BUSKIRK: Only in the stewardship area where you're developing your towns, on ago land, if they're developed on ago land. They're on open land and the fringe area. Otherwise it's not -- in fact, the industrial development is all in what you currently got zoned for industrial ptrrposes, or you got designated on a future land use plan for industrial purposes, with the exception of the towns and the stewardship area. And I'll show it to you in a minute. Itls mostly up at the airport and it's mostly down where J - 7 5 crosses 95 1 . COMMISSIONER MURRAY: Okay. So I want to be sure then we don't have an aberration, we don't have something that is out of whatever the graph shows. Page 42 16' 1 A-S December 9, 2008 DR. V AN BUSKIRK: No. COMMISSIONER MURRAY: Okay, that's what I needed to understand. Thank you. DR. V AN BUSKIRK: Now I've got to find my way back. CHAIRMAN STRAIN: Mr. Wolfley, you had a question? COMMISSIONER WOLFLEY: No, I'm done. DR. V AN BUSKIRK: Could we bring up the slide? MR. BOSI: Do you have a question" CHAIRMAN STRAIN: No, he's just passing until we get further along. MR. BOSI: You need to wrap it up. DR. V AN BUSKIRK: I want to show the industrial so we can be sure that it's clear. Then I'll try to wrap it up for you. COMMISSIONER VIGLIOTTI: Doctor, while we're waiting, you said that there's a shortfall ofthe industrial west side of951 that you're making up? DR. V AN BUSKIRK: What we're looking at is you're looking at the-- CHAIRMAN STRAIN: You have to use the microphone, sir. DR. V AN BUSKIRK: What we're looking at is we're looking at the labor force and we're saying at build-out what will the labor force look like in Collier County if it's a balanced labor force. And given that nmnber of that labor force, we can translate that into how many square foot of space do you need for industrial to support that labor force. Some of that labor force is coming from the other side of 951. There's no more sites over there to develop. So it's meeting the need of that labor force over there, that's essentially-- COMMISSIONER VIGLIOTTI: So it's a shortfall. DR. VAN BUSKIRK: Yeah, right. CHAIRMAN STRAIN: While we're waiting, how much labor did you allocate to agriculture? DR. V AN BUSKIRK: I don't remember. I'll have to, you know-- CHAIRMAN STRAIN: No, that's okay. DR. VAN BUSKIRK: -- look it up. CHAIRMAN STRAIN: I just -- we have to wait anyway, and I figured if you had that readily. Because since you didn't count ag., I was wondering how you calculated the transient labor force that we have, which is probably our greatest labor force. DR. VAN BUSKIRK: Well, what you do is you take the profi -- I have the profiles from the census of your labor force and agriculture over time. CHAIRMAN STRAIN: Okay, thank you. There we go. That's where we left off. DR. V AN BUSKIRK: There's where we were. Okay, you're going to see now the -- there are two industrial areas now roughly 50 -- they represent roughly 50 acres. And now rm going to show where the ones that come on line. If you look down at where 41 intersects, I guess it is -- 1-75 intersects 951. That's where it's designated on the future land use plan for industrial development. So there's several 50-acre parks that come on line down there. The other ones are in the villages of the fringe area and the towns of the stewardship area. And that's pretty much their build-out. Now, this is the ones over in Immokalee. And you're going to see the vast rn~ority of them are going to be up in the airport area. There's room up there that's designated for industrial development. So several 50-acre sites can come on line up there. And the other ones are the 50 acres in each one ofthe towns in the stewardship area. So essentially, you know, the future land use plan provides sutlicient land for industrial development to meet your needs from now to build-out, including the shortfall to serve that labor force that might be generated east of951. And Mr. Chairman, I'm going to stop there. I guess my time's running out, huh? CHAIRMAN STRAIN: Well. there's no set time. I just want to make sure we move with as much of the infonnation as succinctly as possible, that's all. DR. VAN BUSKIRK: Okay. I'm going to kind of run into the -- the substations, there were plenty of sites for substations. No problem there with the substations. And then three is it, so -- and there's the other one. We did do affordable housing problem -- or housing sub-model. And if you want to, we can chat about it. But if you want to talk about it, it's up to you. CHAIRMAN STRAIN: It would be interesting to see where you see affordable housing going in Collier County. Again, we don't want to short your presentation, I'm just asking that we try to keep it as concise as we possibly can to move through the day, that's all. Page 43 16 \ 1 AS December 9, 2008 DR. V AN BUSKtRK: Carlton did the affordable housing model. MR. RYFFEL: I'm Carlton Ryffel. The County Commission didn't ask us to locate the affordable housing. What they asked us to do was determine a reasonable percentage that the county should provide in affordable housing. And I'm going to give you the short version of this, just to make it -- Mike, how do I go back a slide? Okay. Yeah, the County Commission asked that we determine a pro rata percentage of what affordable housing should be in the study area. And what we did is review the inventory and findings contained in the affordable housing workshop that was presented to the County Commission in March of this year. And that provided us some really good background information and some idea of direction, which way we could go with this to have it make sense. What we did, to determine the percentage of affordable housing units that should be made available, in 2007 there was a estimated census, and it indicated that in 2007 there would be one -- there were 192,043 dwelling units. And in that study that the county housing office did, they determined that there were 10,461 units needed in that year. Now, through various means they were able to provide most of those housing units in that particular year. So what we did simply was take the existing nwnber of units in Collier County. you know, seven. and we divided that into the nwnber of affordable need in 2007. That came out about 5.4 percent. COMMISSIONER MURRAY: Extrapolated. MR. RYFFEL: Then we applied that percentage to the study area's population, based on the population forecasting in five-year increments to determine what does that mean in terms of dwelling units. Now, let's see. The left-hand column is the five-year increments that we're dealing with, starting with seven; 10, 15, et cetera. The far right column is how many affordable units you would need to add based on that percentage of 5.4 and also based on the forecasted population. Now, we wanted to make sure that this was a reasonable way to go. And so what we did, I explained this methodology to the director of Collier County Housing and Hwnan Services. And also, the community development director in Sarasota County which, as you were told or indicated in Paul's presentation was one of our comparable counties. And they both agreed that the method we used was reasonable and logical. Now, I didn't get into this in the slide. but using the same method in Sarasota County as Collier County, we determined that their affordable need would be about 4.2 percent. But there is a difference between Sarasota and Collier. In Sarasota County, they only address affordable need up to 80 percent of the area median income, while in Collier County, Collier County addresses up to 120 percent of the area median income. Which is a significant difference. You also have to remember that Collier County has the highest area of median income in the State of Florida, which is almost $70.000 now. So we made the conclusion that it would be safe to conclude that if the 80 percent were increased to 120 percent, as it is in Collier, in Sarasota, and their percentages being nearly the same as Collier's. And conversely, if everything above 80 percent were removed from the affordable, counting Collier, for purposes of that comparison. we thought the percentages would be very close between the two. So the bottom line of all this is that we feel that an affordable housing rate of about five percent appears to be reasonable, based on the information we were given. So that's all I have on affordable housing. I'm going to tum it back to Paul. CHAIRMAN STRAIN: Anybody have any questions on that portion of it" COMMtSSIONER MURRAY: I -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: I'm tickled by it, but [have to find out something. We have a standard, I don't know what to call it. We have a number that we use for a certain number of affordable houses needed. It hasn't been spoken of in the last year or two because ofthe downturn in the economy. But what I'm trying to ascertain, did you use that as your base line? What did you use as your base line for the five percent deficiency? MR. RYFFEL: I used the results that came out of the study, the county's study that was presented this year. They -- and I don't have those slides with me, but they have the various income levels. And the -- let's see if this will help at all. Let me just take a look here. The households in Collier County are considered to be cost burdened if people spend more than 30 percent of their income on housing. So in looking at the income and the breakdowns in Collier County. [ feel pretty comfortable that that's what they did, they used that -- they looked at how many people would fall within those various categories. They didn't give me a percentage, they gave me a number. Page 44 16 lilts December 9, 2008 COMMISSIONER MURRAY: Your numbers are predicated entirely upon the baseline that they gave to you. MR. RYFFEL: Yes, in this report. COMMISSIONER MURRAY: And you didn't proof it in any other way? MR. RYFFEL: No. COMMISSIONER MURRAY: Okay, thank you. DR. V AN BUSKIRK: Now. some of the benefits already realized from the growth model. Most importantly, not only is the forecast development in population over time, but importantly, the distribution and location of that population. And we now have one standardized comprehensive data bank providing consistency for planning activities, including traffic modeling and forecasting offacilities and et cetera. It removes the uncertainty of the magnitude. distribution and timing of development in the stewardship area and in the fringe area. This shows the map. And you're probably familiar with it already. But the owners in the stewardship area-- CHAIRMAN STRAIN: Careful what you call those red dots. DR. V AN BUSKIRK: What we hope happens here is that the owners and their consultants requested the data from the model from Mike, and Mike provided them with all the output data from the model. And then the -- we were asked to do the data for the traffic model for here in Collier County for the MPO, to translate our data from the growth model to the traffic model. When that happened, then the owners came in and said -- because they knew what we had -- you know, what our data had said about the stewardship area. So they came in with these nodes, they're what we call district-wide nodes for modeling, and identiIy what would be the magnitude of development that that node represented. CHAIRMAN STRAIN: Could you scroll down so we can see the table? DR. V AN BUSKIRK: Sure. CHAIRMAN STRAIN: A little bit further. Okay. Just wanted to make sure you had not the wrong one. It says town nodes, I believe. DR. V AN BUSKIRK: So what we did is we wanted to compare our results to their results. So (what) we did is we looked at it in the aggregate. On this table, we had the Collier County interactive growth model forecasted population 216.000. They forecasted one of234,000. If I aggregate all those nodes, what they had in population in those nodes. For dwelling units. we forecasted 106,000 in the aggregate, they forecasted 113,000. For students, we forecasted 35,000, they forecasted 36,000. That's pretty close. And the other numbers are relatively close, too. So we see that convergence, you know, in terms of these numbers. And we're starting to get a handle on the stewardship area and the formulation of what future development would be. And then for commercial employees we forecasted 61,000, they forecasted 57,000, which told me that they did go into those town centers and allocate land for commercial purposes. They were making up that shortfall. Because (what) we do is we take the employees, we can translate that to square foot of space, retail, and then we can translate that to acres. Now, the industrial, we forecasted 7,000 employees, and that's those 50-acre tech parks we call for in each one of the towns. They don't provide for any industrial development, even though they're having it in Ave Maria. So when we looked at it in the aggregate, it looks like, you know, that we're coming pretty close together in terms of what they're proposing out there in the stewardship area. The other thing I did is I went in and looked at the nodes. And from the population and housing matrix in those nodes tried to determine if I could do an algorithm of villages and towns. And their villages and towns in that algorithm come out close to what the model had forecasted for development there. So the only place that we really disagreed. and if you looked at their nodes. is that just east of Ave Maria, we kind of reserved that land for regional facilities, and they put a town in there. But anyway, it's getting closer. Now, this again is some of the benefits from the models that were translating this data now to format for the traffic modelers. So the traffic modelers will be using this format. So in there we had incorporated our vacancy rates, which we have in our demographic models, we have the vacancy rate. Now, the seasonal housing, non-seasonal housing. Now the number of autos per household, we had to do some regression analysis through the census to determine that. And then the rest of the data is pretty much the data that comes from the model. CHAIRMAN STRAIN: Were you given this data, or how did you derive the data on Ave Maria University? DR. V AN BUSKIRK: Ave Maria, J took it from the development order. CHAIRMAN STRAIN: Okay, that's what I thought. Page 45 16 I 1,45 December 9,2008 That development order -- at that point the development order certainly was at question during the approval of Ave Maria, but thank you. DR. V AN BUSKIRK: Now. the future benefits -- and this is what you were talking about earlier, you folks were -- is the annual update will provide reports to the managers, policy makers, planning commission, et cetera, to track development by type, location, trends, rate of development and impacts for monitoring and evaluation. So as we do the annual updates, it's very easy to provide reports to the Planning Commission, to the Board of County Commission and other agencies in terms of what development has taken place at that period oftime, you know, how much more commercial space is going on line, how much more industrial space, how many more dwelling units, where are they going on line in those zones and et cetera. And also. we can start tracking trends. So if we want to make some adjustments to the demographic models and we start tracking trends out there in the stewardship area overtime. we can adjust the demographic models. So as we pick these trends np, we can start making adjustments in the model. And then the model's focusing in, you know, it's getting more and more accurate in terms of focusing in on its forecast and its forecast data output. And then, you know, the model can be used to assist in the applications and analysis of like DRI projects, large-scale projects of that nature and the location and timing of the population and development in the lands -- the needs that support the population and in its documentation for testimony and hearings as well. The initial results did identity and quantity some deficiencies. We talked about them, that there's no provisions for regional facilities out there in the stewardship area. We talked about the shortfalls in elementary and middle schools. No shortfalls in high schools. Some shortfalls in the community parks. and we talked about them. And they mainly where in Immokalee and the Estates. And then also. when you do compo plan updates for future land use plan, in Cape Coral they use the model in tems of -- we did the study on the location of commercial nodes and the amount of commercial space that was required in those nodes and assisted them with developing the compo plan amendments for submission to DCA and things like that. So there are a lot of spin-offs that can happen in tems ofthe value of the model itself. And you can determine the impacts in development and cumulative impacts over time. And if you're in a zone and you've got a 300-Wlit subdivision, you know, and you can't zero in on the specifics, but if it's 3,000, you can zero in on the specifics ofthe impacts of those developments. But the smaller developments, like your 300 acres, say subdivision, you can use the parameters of the growth model to determine what the impacts are going to be from that, in terms of how many children they're going to generate and what's their demand for commercial space and et cetera. This is a walk through time, Mr. Chairman. We've really covered this material. l'mjust compressing it into decades. Maybe we'll just skip this and go to the conclusions. CHA IRMAN STRAIN: If it's already been covered, I would agree with you. DR. VAN BUSKIRK: Okay, let's do that. Mike can give you a copy of these slides, and if you want-- CHAIRMAN STRAIN: We do have a copy. DR. V AN BUSKIRK: You do" Okay, fine. CHAIRMAN STRAIN: Here they are right here. Whoever said where, there they are. DR. V AN BUSKIRK: These were the conclusions that we presented to the Board of County Commissioners. The future land use plan and the county's growth management plan is a very sophisticated and progressive plan that addresses multiple environmental and development issues. And the FLUE best represent future development and study area. Of all the growth models we've done and where we used the future land use plan as the build-out scenario. Collier's was the best. It really accomplished the main thrust of providing the proportion of the land use to meet the needs ofthe population. You had some shortfalls, we talked about. Most communities don't have any provisions for school sites or fire stations or commercial nodes or anything of that nature. And the model had to integrate multiple disciplines. And the model does that quite well. We can integrate the schools and the parks and the commercial and do all that thing. The real challenge here in Collier was integrating all the different development regulations for the different subdistricts and clusters. We had one set of development regulations for the stewardship area, one for Immokalee, one for the Estates. That's pretty complex. And the model did meet the challenge: the model was able to do that quite well. And we were able to segregate those clusters and then to be able to run demographic models in those clusters as well. And we talked about the population between 2007 and build-out, what the forecasts were for the different large subdistricts within the model. Page 46 16 i 1 AS December 9,2008 And we state here that there is sufficient opportunities in the future land use amendment to provide the land uses designated for schools, community parks, et cetera, except for Golden Gate Estates and Irrunokalee. In Immokalee, you know, we've been told that they're now developing -- fonnulating a master plan, and I'll assume they'll address those deficiencies. Now, in the Estates, Golden Gate Estates is what I call uniquely low density residential development. And one strategy is to locate the sites for facilities on its periphery in which the service area is sufficient to penetrate the Estates so that the coverage provides the necessary level of services. So on the periphery of the Estates is where we might want to put our community parks, might want to put our elementary schools and our middle schools and our conunercial centers as well. So that's just, you know, one illustration of what a strategy might be. We kind oflook at the Estates, to disturb it as little as possible in those tenns, because it's very hard to aggregate sufficient parcels there to develop a facility on it. And I talked about it before, that the commercial centers account for about 30 percent of the commercial. And the other 70 percent is covered by office parks and hospitals and other uses such as that. The other thing was that for the towns and villages in the stewardship area, the level of specificity needs to be established in the development and the plans for land uses and their spatial distribution. I'll give you an example of this. Some of those towns will call for two elementary schools. They should be so distributed that they're within neighborhoods, they're not close to each other where they're crossing service area, again reducing -- they can walk, reduce trip lengths and what have you. And likewise, we have the same true of neighborhood commercial centers should be so spatially located that their service areas don't overlap. And here again, we can reduce trip lengths to get to the neighborhood commercial and shopping centers. So we saw that there's a need for specitivity (sic) in there. And in some cases there might not be quite a demand for two community parks in the town, but if you look at the peripheral development, there's a demand for two. And that peripheral development would be those villages or the hamlets, ifso, ifthe hamlets remain. So that was one of our recommendations there. And the Future Land Use Element doesn't have any provision for regional facilities. And that's kinds ofimponant. Because regional lacilities are necessary when you're going to get those kind of population thresholds out there east of95 I. And there are several types of regional facilities that come into play. And it needs to be updated annually. And I'm going to talk about that briefly. You folks have brought that up throughout the presentation in identifYing development. And also, annual -- we might want to start identitying demographic trends too and things of that nature. And concluding, the county's already benefited fTom the models demonstrated fTom the previous presentation. And the benefits that can be realized, ifit's updated annually, can provide added benefits for long-range planning, infrastructure and services. Next steps, we were just talking about the need to maybe review the parameters with the department agencies, so they're in agreement with the parameters, in case they change them. Maybe if they get the data fTom the model, they want to change their parameters. One we talked about is modules for community parks. And then you need to update the traffic model. We're doing that now, so that's being done, that step is. And then when you're doing your Growth Management Plan update, maybe you want to use the growth model and some of its data to translate it to development of regional facilities or things of that nature. And then we have our annual updates and the Q and A. And Mr. Chainnan, I'll talk briefly about -- you said how much is it going to cost and that type ofthing there. CHAIRMAN STRAIN: Didn't you just tell us between 10 and 20,0000 Sir? DR. VAN BUSKIRK: Yeah. CHAIRMAN STRAIN: You just responded to Mr. Wolfley, you said between 10 and 20,000. DR. VAN BUSKIRK: Yeah. I just wanted to talk about -- yeah. And hopefully each year it gets less and less and we're gone. But a lot of communities had kept us on to expand the model and expand the model's capabilities. If you want to do that, then we would look at, you know, what are the work tasks, what are the hours and what's the hourly rate and et cetera. And the other thing is, you know, just we can put an upset figure, you know, our hourly rate and not to exceed a certain amount. And whenever the staff needs us to call on us, fine, you know. CHAIRMAN STRAIN: Okay. Page 47 16 i 1;45 December 9, 2008 COMMISSIONER MURRAY: I have-- CHAIRMAN STRAIN: Now, Mr. Wolfley, then Mr. Murray. COMMISSIONER WOLFLEY: Are we making comments on the whole or what are we doing? CHAIRMAN STRAIN: I think we're still working on the model at this point, the whole model, yeah. COMMISSIONER WOLFLEY: I mean, the whole book or the whole-- CHAIRMAN STRAIN: Well, we haven't finished with just the discussions on the model at this point. So let's just focus on finishing up discussion on the model before we go back to the book. And Mr. Murray, then t guess you'd be -- COMMISSIONER MURRAY: The question that you just raised for me is --I noted early on in this document that when we started looking at the organizations that were qualified, there were some that were obviously missing. And those are components. There's a cost associated with those components if they're to be added; am I correct? DR. V AN BUSKIRK: You mean like libraries? COMMISSIONER MURRAY: Like libraries, like-- DR. V AN BUSKIRK: Yeah, sure. COMMISSIONER MURRAY: -- like EMS. DR. VAN BUSKIRK: Well, EMS is in there. COMMISSIONER MURRAY: Well. whatever they-- DR. VAN BUSKIRK: Yeah. right. COMMISSIONER MURRAY: I remember seeing the voids. DR. V AN BUSKIRK: Yeah. If there's a medical, you want a medical, right. COMMISSIONER MURRAY: My point is. is every one of those has a cost associated with it. DR. V AN BUSKIRK: That's correct. COMMISSIONER MURRAY: And that's an impact cost initially. And then is there any maintenance cost associated with it? DR. V AN BUSKIRK: No. The only thing is the updates. We update the model from time to time, you know. to streamline it. And that's free of charge. I mean, that came with the original licensing. COMMISSIONER MURRAY: Okay. So you're saying to us that the initial bang is the hard one and after that it gets to be the payback is over a long-tenn, just like the build-out. DR. VAN BUSKIRK: Uh-huh. COMMISSIONER MURRA Y: Thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I just have a quick question. In here you use the tenn activity centers. Is that used in the same context as we use activity centers here in the urban area? DR. V AN BUSKIRK: The activity centers that you use, or your activities nodes that you use in your future land use plan in terms of commercial development? COMMISSIONER CARON: I don't know, is that what you're talking about when you say activity centers? DR. VAN BUSKIRK: Yes, uh-huh. COMMISSIONER CARON: Yes, Mike? MR. BOSI: The way that the growth model works is those activity centers that are on 951 have to be included and calibrated by the model. So those are the activity centers that you refer to. COMMISSIONER CARON: The 951 -- MR. BOSI: The 951-- COMMISSIONER CARON: -- activity centers that are there right now. MR. BOSI: Yes. correct. COMMISSIONER CARON: Okay, thank you. CHAIRMAN STRAIN: Okay, before we go off the model-- oh. Mr. Wolfley, do you have any other questions on the model" COMMISSIONER WOLFLEY: Yeah, and it may be for the Doctor and Mr. Basi both. Since I think June or May ofthis year I've been trying to ferret out the mystery map. Transportation. I tried to get on the RLSA, I want to see transportation, and of course large landowners said no, we don't want to see that until the end. Well, everything has to do with roads and infrastructure. A town is a town, that's great. But you've got to have infrastructure to get to and from that town. And then we -- then our Chair finally carne up with this map and I went halleluiah, it's six months late but here it is. What would it take to take that map that you showed at the end that was an acrobat (sic) and use that as a baseline future Page 48 16 lIlts December 9,2008 with our population? Because in what Commissioner Murray said, everything's greened out. Everything's blacked out. We kind of know where the transportation infrastructure's going to go, which is going to show where these towns can go in the receiving areas. And we know where the sending areas are going to be, so don't green that out, because there's not going to be any population there. Why can't we start with that model, that map, and work from there where we show a little tiny dot. and then as that town grows so does the population, so does EMS, so does the library and things come into form into that town. How difficult would that be to put that into this presentation with that baseline of via suspected 22 entities" I don't want to call them any oids or anything like that. but -- DR. VAN BUSKJRK: You want to answer or do you want me to answer it? COMMISSIONER WOLFLEY: I mean, because that would be real. That would be what it is. DR. VAN BUSKIRK: Okay, our data in the model is aggregating all the parcels within a zone. So within that zone we can tell you when development will take place in terms of its magnitude of people, houses, commercial space, et cetera, schools and what have you. And my question, would that be sufficient to meet your needs? COMMtSSIONER WOLFLEY: No. DR. V AN BUSKIRK: Okay, now we'll go the next step. You want to get more specific than that? COMMISSIONER WOLFLEY: Well, what t want is reality. Because it shows as though people are going to be living on every acre. DR. V AN BUSKIRK: We can do that. We can take -- you know, we know in those towns -- you know, we did a template for a town in the RSLA (sic), and we're going to assume that those towns won't vary much from that template. Except with adjustments we want to make for regional, some adjustments for schools. We -- and they've already shown their land uses on Big Cypress and they've shown their land uses on Ave Maria. You know, we can then tell you over time when those facilities that come on line and where they should be located within those land use maps that they provide. We can do algorithms and show it for all the rest, too in terms of what we think is the most likely scenario. And we can do that over time. That takes a lot of effort on the GIS people. You know. the data is there to do that. and it's a question of the GIS people. you know, in tenns of their time. I couldn't tell you otThand how much time that will take to do that. But it can be done. You might want to do that for say like a build-out scenario so you can see what it looks like at build-out. COMMISSIONER WOLFLEY: Right. And my point is that I'm looking at the vast how many people are here and how much public input we have. And I'm wondering one of two things: Either the planning commission is of no interest to anybody, or that everything's really been decided and this is just formality. J mean, you know, we have no environmentalists here trying to protect their land. They already have deals with the large landowners, so we aren't needed there. And I guess what I'm coming to is this is a great presentation, it just -- if we were to show build-out map in the newspaper. people would go ah. There's going to be population on every acre oftiumland. And that's not real, that's all. DR. V AN BUSKIRK: We can build a build-out really showing almost like a dot for each dwelling unit and where they would be. COMMISSIONER WOLFLEY: Well, yeah, but that -- anyway, I understand. CHAIRMAN STRAIN: Okay, are there any other questions-- DR. V AN BUSKIRK: Or we can show where the residential land -- like a zoning map, almost, you know, where it would be -- where the lands would be preserved and the flow ways and the habitats and that. COMMISSIONER WOLFLEY: Sure. exactly. Now, that's what everyone wants to know is where the panthers are going to habitate (sic), where the humans are going to habitate (sic) and how we can get roads around these-- DR. VAN BUSKIRK: And we know the development's going to be on the open lands, and we know the magnitude of the development, you know. COMMISSIONER WOLFLEY: I mean. I could go on and on. Because I know because of the committees I'm on. but I don't think 90 some percent of the population has a clue. DR. V AN BUSKIRK: And we could do that for build-out. And that wouldn't require an awful lot of resources. It would be more resource if you're doing the five-year increments. Then it gets -- you know. 1 mean, you can do it, but it just takes time, that's all. COMMISSIONER WOLFLEY: Labor, yeah. Thank you. DR. V AN BUSKIRK: That's probably the next order offocus, you know, with the model. CHAIRMAN STRAIN: Okay. any other questions of the model before we go back to the beginning of the book" Page 49 161 11ls December 9,2008 (No response.) CHAIRMAN STRAIN: I have one question of Michael Bosi. MR. BaSI: Yes, sir. COMMISSIONER MURRAY: Go back to the beginning ofthe book? Oh, no. CHAIRMAN STRAIN: Yeah, we've got to start over. No, I've got a question of Michael. Not you, Doctor, Michael. MR. BaSI: Yes, sir. CHAIRMAN STRAIN: The nwnbers that the CIGM plan has come up with for population, build-out population and population over time are significantly different than what county staff has used in the past. The AUIR is based on population. I think it would be great to use the CIGM population estimates. It would cut the AUIR cost in half. ]s that -- would the departments be using those population estimates ofCIGM, or would they be using David Weeks' population estimates for future AUIR's? MR. BaSI: For the AUIR purpose, we neither use David Weeks' nor the CIGM. CHAIRMAN STRAIN: Let's not-- MR. BaSI: We use BEBR. CHAIRMAN STRAIN: The one produced by your department which has got David's -- if you go to your department's website, David's the one that puts those together, he does it through BEBR. Okay, I'm clarified. Are we going to use the ones produced by comprehensive department or are we going to use the ones produced by CIGM. MR. BaSI: Until we would amend a decision made by the Board of County Commissioners to use the CIGM, we are obligated to use the BEBR numbers and David's numbers for the allocation of population. CHAIRMAN STRAIN: Okay. Well, then how can we get an accurate picture of the build-out and know what levels of service have to be sustained when we're not using the population that coincides with the one that OUf budget is set up in reality? Because our AUIR is set up now on a population figure significantly higher than the population analysis of the CIGM, which means our budgets are now working and skewed to a much higher perfonnance standard than what the CIGM says we could have as an outcome. How do we balance that? MR. BaSI: Well, once again, go back to the obligation. We are regulatorily obligated. Until we would change our Growth Management Plan to use a different number, we have to use the BEBR numbers. And those BEBR numbers are what we -- is what David allocates throughout the county. So I'm not -- the only way that we could diverge from that course would be for the advisory boards and the Board of County Commissioners to say that they see a higher value within the CIGM and to adopt that as the accepted population projections to be utilized by the county. CHAIRMAN STRAIN: Right. And I understand that. And you're saying what I expected you to say, which is more of a reason why I'm concerned about the value of the CIGM as an overall planning tool ifit isn't used by every department to plan their levels of service standards and their build-out needs for the populations, because the population estimates between the two different methodologies are so different. MR. BaSI: And I would agree with that concern, and I would simply state that this would be the lirst step to potentially replacing the utilization of those BEBR populations. We couldn't -- until there's a level of comfort and there's a level of dependability and expectation and familiarity with the advisory boards and with the Board of County Commissioners, I don't think anyone of those bodies would be willing to accept the -- an abrupt change from our current methodology to the methodology contained within the CIGM. CHAIRMAN STRAIN: Right. And DCA wouldn't allow you to change without a validation ofa population statistic other than BEBR. MR. BaSI: Correct. CHAIRMAN STRAIN: So you'd have to go through a process. MR. BaSI: Yes. CHAIRMAN STRAIN: And my concern is that we haven't gone through that process, yet we're implementing a planning tool, or we're being asked to implement a planning tool that institutes the process that we have not yet approved. Maybe we're putting the cart before the horse. Mr. Wolfley, you seem to be impatient to ask a question. Go ahead and ask it COMMISSIONER WOLFLEY: Well, ['mjust saying, why wasn't this group provided with the numbers that we have to use for growth? Page 50 16 I 11tS December 9,2008 MR. BaSI: Why what? COMMISSIONER WOLFLEY: The base nwnbers, the BEBR. I mean, why are we working off a different -- I guess my point is, is that can't we just all work off the same template so that we aren't continually asking these same questions? I've heard these questions three times now throughout the last nine months, not necessarily from here. Same questions keep coming up. We keep working off different baselines and different assurnptions. MR. BaSI: Well, we're statutorily obligated for in the AUIR process to use the BEBR numbers. For our long-range capital planning purposes, we're not obligated to use anyone number. What we have utilized in the past was David's numbers, in which you've heard today was the long-range trnnsportation model. That's the 30-year plan for transportation model. They're now using the land use forecasting produced by the Collier interactive grov..1h model. So what I'm presenting to you today is a first step in the convergence of population numbers. And parks master plan has to be updated. It was supposed to be updated this year. There's no allocation for funds for that. Hopefully next year that they'll get to update their master plan, if it's decided and if it's endorsed, the CIGM. And the by-product, the population nurnber is produced by the CIGM, is endorsed by this body and the board of County Commissioners, and the next master planning efforts, the Parks and Recreation Department could utilize the long-range population trends contained in the C]GM. And therefore, that's a third step of consistency. And therefore it's a slow building process that we'd expect or that we were hoping to realize when we introduce this new planning tool to the county. COMMISSIONER WOLFLEY: To realize what the Chair suggested. MR. BaSI: Yes. COMMISSIONER WOLFLEY: Exactly. CHAIRMAN STRAIN: Mr. Murray" COMMISSIONER MURRAY: I believe I understand what you're attempting to do, but that's the question, I think. We have an advisory committee that came together and came up with -- they come up with questions. One of the answers is CIGM. That's one of the efforts at making answers. The question I have for you is are you the only one carrying the banner or, as it was pointed out earlier, communication is critical. Have you then gone to the other departments and at least acquainted them with the possibility of another methodology? If you have, have they qualified it? Have they come back to you and said yes, I'm interested or get the heck out of here? MR. BaSI: The other departments are always looking to comprehensive planning for what the most valid and appropriate numbers for long-range population projections are. And just to quality, the Horizon Study master committee was tasked by the Board of County Commissioners. The Board of County Commissioners directed staff to develop the Collier County interactive growth model. They asked the Horizon Study to calculate it, to ask specific questions, to poke holes in the growth model to make sure that it's as accurate and valid they possibly could. That committee has endorsed the utilization ofthe growth model as a planning tool. The Board of County Commissioners back in 2006 directed us to develop it. We are asking a second advisory board, the Planning Commission, to see if you could recommend that there would be value to the utilization of the growth model. COMMISSIONER MURRAY: Did the broach -- did the BCC broach the issue of the AUIR, its use and this is a potential replacement? MR. BaSI: They saw the value that the growth model could provide for the long use land modeling provisions and projections to be utilized by the infrastructure and service providing departments. COMMISSIONER MURRAY: And they provided you with the authority to acquire the software? MR. BaSI: Yes. COMMISSIONER MURRAY: Sounds like they were eager. CHAIRMAN STRAIN: Thank you, Michael. You might as well stay up there, because I need you to help. And Doctor, thank you. I think that is the end of our questions on this segment of your presentation. DR. VAN BUSKIRK: Thank you, Mr. Chairman and rnembers. And I appreciate your patience. I know it was a long presentation. And I also appreciate your comments. Thank you. CHAIRMAN STRAIN: I think there's a lot more questions that could have been asked or could be asked, but that would probably take a whole session in itself. Because as you went along, there were a lot of issues that I would have thought need further exploration, and the coloring of your maps. But you made it clear that you looked at agricultural on a one-to-five basis, so a development in that area in that scenario might reflect that. The statistics used for A ve Maria, getting those from the developer's DRI, there's a lot of issues like that that we may want to review at some time in the future, but right now we're just going to try to get through the rest of today and see where it goes. Page 51 16 ~ 1 45 December 9,2008 And Michael, I'd like to take us back and formalize whatever is needed frorn this board for the BCC. And I think the very first question that you brought up or that you rnentioned in your report was the committee requests that the CCPC make a recommendation on the individual position points advanced by the Horizon committee when appropriate. And let's start with there. And I think you've got several sections. I'll ask the panel if they see any reason why we should have any comment or change needed to any of the elements produced by the committee. It's the committee's consensus. It is not a recommendation to change the GMP or the LDC, it's simply a consensus statement from their research in the area. Which does produce a different way of looking at it than if it was an analytical thing for us to decide and from a language viewpoint for a code reference. So with that, I'll open it up to the panel. Is there any comments on the pages" COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: With regard to position points the general public desires, I would just offer that we should -- if recommended, we should otfer with recommendation with caution or care with regard to certain of the postulants there. There are views that are based upon information given to individuals or individuals being aware of information on a limited basis and projections rnade on a gross basis where I think -- and I'm referring now to water and sewer -- where I think that we have to -- if we're going to suggest that it go forward, with great care. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: The only thing] would like to suggest is that the idea of a three-to-five member oversight committee with their -- we have a very active elected official, we have a number of appointed boards. The area is riddled with homeowners associations, civic associations, overlays, people involved in all that. I honestly do not see what value another oversight committee adds, especially when it's going to cost taxpayers to implement and to monitor it. Even though they may not be meeting all the time, staffs got to be involved at some point. There rnay be advertisements needed because it will be an appointed body and things like that. I don't know all that, all the details, but at this point in time I certainly question the need for it. Other than that, I have no comment other than the fact that if we wanted to recommend acceptance of the committee's report, that works. Mr. Wolfley" COMMISSIONER WOLFLEY: I share some of what the Chair just said. Although I feel that if we combine several of these committees into one, the Horizon -- well, the East of 951, the RLSA, and I could I guess think of another one could be combined. There's some great members in each one of those, and they represent the large landowners, even some small ones and represent different developers. They represent fann -- so there's a good representation. I think that if they were combined into one CHAIRMAN STRAIN: David? COMMISSIONER WOLFLEY: Yes? CHAIRMAN STRAIN: They're not recommending that. These committees all sunset. The Horizon committee will end, the RLSA committee will end. And what the Horizon committee is suggesting is that they reappoint three to five members in an oversight committee to monitor just the reports ofthe Horizon committee. COMMISSIONER WOLFLEY: Well, I stepped beyond what our purview is. I was trying to get to that, but-- CHAIRMAN STRAIN: Well, you can suggest anything you want. COMMISSIONER WOLFLEY: No, but I'rnjust saying, I guess I stepped a little beyond what we're supposed to do. And I think I made my points clear about what we should do with the interactive model. So that will be it. CHAIRMAN STRAIN: Well, we're going to go through that all over again. We've got three levels to recommend for recommendations here. The first one is just to recommend acceptance of the committee's report to the Board of County Commissioners. Does anybody have a motion to that effect" COMMISSIONER VIGLIOTTI: I'll make it. COMMISSIONER WOLFLEY: So moved. CHAIRMAN STRAfN: Mr. Vigliotti made the motion, seconded by Mr. Wolfley. Is there any discussion? Ms. Caron? COMMISSIONER CARON: Nothing other than I would say that I'm especially hopeful that the Commission will pay attention to the water issues in paragraphs two and three. CHA]RMAN STRAIN: Okay. Page 52 De!~bJr 9, 2!08 ItS COMMISSIONER MURRA Y: And? CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: And I have -- I hope we can recommend that there will be modifications made to the population land use graphics that were related that we had -- some of us had sorne issues with. That if you retain those, which I understand they serve a purpose, but that perhaps you could also provide something that would graphically satisty the persons. CHAIRMAN STRAIN: We're only talking about the first tab, section one. You're talking about tab three. COMMISSIONER MURRAY: Well, okay. CHAIRMAN STRAIN: They asked for -- Michael asked in his staff report -- COMMISSIONER MURRAY: Section one, okay. CHA]RMAN STRAIN: -- he asked for three separate inputs. COMMISSIONER MURRA Y: I know, I wrote them down. Consultant approval, bridge study and position points. But okay. CHA]RMAN STRAIN: Cornmittee approval. We're still on the first one, the committee recommendation. COMMISSIONER MURRAY: All right. I'll save myself for later. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: In rny motion I also agree that we don't need the three to five-member plan. ] don't know if[ made that specific. CHAIRMAN STRAIN: No, you didn't. But if that's fine -- does the second have any problem with that? COMMISSIONER WOLFLEY: No, no. CHAIRMAN STRAIN: Anybody else? COMMISSIONER MURRA Y: Yeah, I'm going to vote against it then, because I think that's a good idea. Too many times these -- a great deal of effort, a great deal of money is spent and then it goes on the shelf. And while 1 agree that we have some very fine professionals, it doesn't hurt to have coordination. J don't know how much more money it would cost. This is an investment already significant. I think the matter does require some future assistance. And ultirnately it would be the deterrnination by the board anyway. CHAIRMAN STRAIN: Well, everything is ultimately a deterrnination by the board. So anybody else have any comment? COMMISSIONER WOLFLEY: I just want-- CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: -- make a comment. What I was trying to make and] can do it very shortly, every five years we review this RLSA as if that was what was intended. And now we want a review of this. My point was merely we could combine the two and it would be a very similar report. That was that. CHAIRMAN STRAIN: That's up -- okay. I mean, I understand where you're going now. Okay, a motion's been made, it's been seconded. All in favor, signity by saying aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Aye. COMM]SSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? COMMISSIONER MURRAY: Opposed. CHAIRMAN STRAIN: Motion carries 5-1. Let's move to the second section on the bridges. Nick's report. COMMISSIONER MURRA Y: Is it clear on the record why-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- I opposed, in case one of the commissioners-- CHAIRMAN STRAIN: You stated your point. Mr. Basi, do you have any question as to what -- MR. BOSI: No, I will convey that point to the commissioners. CHAIRMAN STRAIN: Okay. The bridge study. Staff requests recommendation to accept the bridge study with or withollt recommendations and to recommend proceedings with construction of the bridges east of951 as prioritized in the study, Page 53 16 I 1 45 December 9, 2008 subject to available funding. COMMISSIONER WOLFLEY: So moved. CHAIRMAN STRAIN: Is there a discussion? (No response.) CHAIRMAN STRAIN: Okay, Mr. Wolfley, I was going to ask for discussion first so -- is that okay? COMMISSIONER WOLFLEY: Yes. CHAIRMAN STRAIN: Okay, discussion first. Does anybody have any comments about that study? (No response.) CHAIRMAN STRAIN: The only thing I would like to mention is that in Golden Gate we have an overlay. And this is an issue for Golden Gate and not anywhere else. The overlay is a land planning overlay that goes on every] 0 years, I believe. And the next appointment to the Golden Gate master plan overlay will be in the year 2010. The last one was the year 2000. The planning issues involving bridge connections might be more thoroughly vetted if it goes through that committee. And as Nick probably understands and anybody else, there's not going to be any money to spend on bridges for quite a few years anyway, so I'm not sure the bridge study can't wait until it's focused on just Golden Gate Estates by a Golden Gate Estates overlay committee. And my point on that would -- my suggestion would be to do that. But that's just my preference from living there. So-- COMMISSIONER WOLFLEY: And my understanding, and incorrectly, I guess, that there were monies already appropriated for at least one of those bridges, and I did not want to see that go by the wayside. CHAIRMAN STRAIN: Okay, and I don't -- Mike, are you-- MR. BaSI: Nick had said that there's potentially -- the maintenance of existing bridges were the first priority in maybe years four and five. Within the AUIR there is money allocated for bridges. He said maybe in the year four and five that might be the opportunity for them to enact upon the first -- the nurnber one prioritized bridge. Which would put us at 20] ] . COMMISSIONER WOLFLEY Oh, okay. CHAIRMAN STRA]N: Right. So that gives the Golden Gate Area Master Plan committee to reforrn again and start coming back with an analysis based on focusing on that area for bridge improvements. MR. BaSI: So I guess just to clarify that the position that the Planning Commission is providing, that you'll accept the bridge study but would recommend that that bridge study be vetted with a 20 I 0 restudy ofthe Golden Gate Area Master Plan? CHAIRMAN STRAIN: That would be my suggestion. Is that-- COMMISSIONER WOLFLEY: I would-- CHAIRMAN STRAIN: Everybody seem to-- COMMISSIONER WOLFLEY: I was-- CHAIRMAN STRAIN : You want to rnake a motion to that effect. COMMISSIONER WOLFLEY: I was going to make the motion. But again, I had false inforrnation. Ifit is 20 I], I would make the motion that we do need a study over the next couple of years, yes. CHAIRMAN STRAIN: Well, I think the motion would be what Mr. Bosi articulated, was that we accept the study but we would defer the action ofthe bridges till the time when the Golden Gate Area Master Plan re-meets, gets reconstituted, I should say, and goes forward. Is that-- COMMISSIONER WOLFLEY: And that I will agree with, yes. CHAIRMAN STRAIN: Is there a second to that position? COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Mr. Murray seconded. Is there any discussion? (N 0 response.) CHAIRMAN STRAIN: All in favor, signity by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 54 16i Itl-5 December 9, 2008 CHAIRMAN STRAIN: Motion carries 6-0. The last itern for today is for the growth model. Staff recommends that the CCPC provides direction to the BCC to accept the CIGM as a supplemental planning tool, enter into negotiations with Van Buskirk, Ryffel and Associates for the annual update of the model. Let's have discussion first. Is there a general discussion from the board? Mr. Wolfley? COMMISSIONER WOLFLEY: I want to just reiterate one rnore time quickly that I feel that if we were to -- and I don't know whether you want to use the word block out the SSA's the sending areas, so that it is shown on that interactive model that those will not go to development. They'll either be agriculture or preserve. And then the reverse ofthat, the SRA's, and show where those areas are with the infrastructure of roads and ofthose 22 suggested areas. Now, realizing two or three or four or five of those may drop out as other communities are built. But I just think that if we could start with a baseline ofthat map and then showing the SRA's, SSA's, along -- and I think it would be rnore real. And __ CHAIRMAN STRAIN: I don't think we can change what's already been done, but I think you're recommending improvements to the methodology. COMMISSIONER WOLFLEY: Yes, I am. CHAIRMAN STRAIN: Okay. The request from the board and from staff is that we accept the CIGM as a supplemental planning tool, number one. And then number two, that we recommend entering into negotiations with the company for an annual update of the model. So let's focus on those two directives, because that's all that the BCC -- COMMISSIONER WOLFLEY: Right. Well, I agree with the model, I just think it needs some work. That's all. I hit both of them. COMMISSIONER CARON: And I think that's fair, Commissioner Wolfley. We did that with this past rnotion, which was to make it in consultation with the 20] 0 Golden Gate Area Master Plan update. So we can -- COMMISSIONER WOLFLEY: Which is-- COMMISSIONER CARON: -- certainly say that we recommend that these maps be updated as well. So-- CHAIRMAN STRAIN: Okay. Well, that's a different scenario. And that's fine. To update the model, we'd have to spend -- we'd have to recommend approval then of the ongoing use of the model. Is that-- COMMISSIONER MURRAY: Right. CHAIRMAN STRAIN: Is that the consensus I'm seeing, Ms. Caron? COMMISSIONER MURRAY: Yeah, I'm going to make that motion. COMMISS]ONER CARON: I'm not saying anything, I'm just saying it's reasonable what he's asking to do. If you're going to use the model, what -- the update he's asking for is more than reasonable, right? CHAIRMAN STRAIN: Fine. Yeah, but 1-- okay, I'm just trying to get to what we're supposed to-- COMMISSIONER MURRAY: I had made the motion. CHAIRMAN STRAIN: What did you make a motion, Mr. Murray? COMMISSIONER MURRAY: While you guys were chatting, I'm making the motion to recommend approval for updating the model and accepting the infonnation. CHA]RMAN STRAIN: Is there a second to Mr. Murray's recomrnendation to update the model and to accept the model as a supplemental planning tool? COMMISSIONER WOLFLEY: (Indicating). CHAIRMAN STRAIN: Mr. Wolfley made the second. Is there discussion? (No response.) CHAIRMAN STRAIN: I'll be voting no on the rnotion. I don't mind it being used as a supplemental planning tool by the Horizon committee, but in the review and the process, I didn't want to spend two days asking questions. I don't feel I understand the model's parameters well enough to recommend approval to spend any taxpayer's money on a model that I have yet been able to try out, that in the presentation was numerous issues that J certainly question, including some locations of sites that I saw, some language that would institute regional laws that we don't have in our GMP. There's no way to tie the facilities and the plan back to the AUIR, and thus the levels of service that would -- and the costs for those levels of service. So I'm not saying the tool's bad, I just have too many questions to recommend spending any further money on it at this point, because we haven't been provided with enough. Page 55 16 1 14s December 9,2008 Mr. Wolfley? COMMISSIONER WOLFLEY: I made the second, thinking that what I've been talking about would actually happen. But now that you've said that put me back into my thoughts, I may take back my second if those things that I suggested doing are not going to happen. If the tool's going to be as it is and we're to approve it as it is, rm afraid I can't either. CHAIRMAN STRAIN: Well, let's just move forward with the discussion and ferret out the concerns before you change any of your position. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Didn't we spend the bulk of the money already? CHAIRMAN STRAIN: Two hundred thousand. COMMISS]ONER VIGLIOTTI: Yeah, isn't it gone and behind us? MR. BaSI: The price tag that was associated with the update represented five to ] 0 percent of the initial cost to establish the model. The initial model was $200,000. The price tag they quoted up to ]0 -- or with an upper limit of20,000; 10 being five percent of their original cost of the $200,000, 10 percent being 20,000 if the update would cost to that extent. The model is ours and the model will stay ours, even if we don't -- if we accept the model and don't accept the -- enter into a contract for updating the model, it will still stay ours. It will just stay ours statically. But yeah, we spent the initial bulk of the money to develop the model. COMMISSIONER VIGLIOTTI: If we walk away now, do we still have access to the site? MR. BaSI: Yes. COMMISSIONER VIGLIOTTI: But there could be no further changes. MR. BaSI: The updating of the model is what wouldn't be provided for. COMMISSIONER VIGLIOTTI: So it will be a pay-as-you-go program that you'll decide as we go ahead? MR. BaSI: On an annual basis, yes. COMMISSIONER MURRAY: Wait, wait, I had-- CHAIRMAN STRAIN: So Mr. MWTdY, then-- COMMISS]ONER MURRAY: Yes, you're saying the update, but the Doctor said that updates would be provided based on what we have done now. I don't know that you mean updates, you mean modifications to the program? MR. BaSI: See, there's two models. There's two models. You've got your data base and then you've got your actual __ the growth model with the coefficients. What's free is he updates his coefficients. He updates how the model works, how the model takes your baseline data information and processes it. What's going to remain as constant is not that, what's going to remain constant is what our baseline data says. We're always going to -- that model's always going to be stuck in 2007, if we don't provide for the updated-- COMMISSIONER MURRA Y: You mean you don't have the facility in your -- if you were as a staff person required to do this, you don't have the facility within that software to update and cause that to happen on your own? MR. BaSI: I don't have the staff members, nor do I have the technical expertise to ensure that I'rn doing it correctly. COMMISSIONER MURRAY: Okay. But it is possible, utilizing the program that exists right now, to continue to do that. MR. BaSI: Yes. COMMISSIONER MURRAY: I got that from the Doctor, and I just-- MR. BaSI: Yes, yes. COMMISSIONER MURRAY: -- wanted verification. MR. BaSI: Yes, it is. CHAIRMAN STRAIN: Bill? MR. McDANIEL: Just -- and one point for the record. Bill McDaniel, and I'm here as a person frorn the general public, as well as serving as chair of the East of951. Commissioner Wolfley, you brought up a valid point. And I would like to suggest that there are a lot of interpretations of information. And there's a volwninous -- as I shared with you earlier, there's a voluminous amount of information that's entailed in this interactive growth model. How that information is interpreted and then ultimately brought on to a mapping scenario I think is the clarification that you're ultimately looking for. I've seen some really cool maps that Dr. Van Buskirk has put together that showed a much clearer picture as to what's ultimately going to be developed where town centers and so on and so forth can in fact be located. Page 56 16 I 1 45 December 9, 2008 The map that he used today was based upon the T AZ areas, the T AZ zones, the traffic area zones that we've typified. And per the interpretation, and with the request of information that's put in, you saw one interpretation. There are others that are a lot clearer. It doesn't mean that it's bad, it doesn't mean that the information is not correct, it just means that it's an interpretation Issue. And I think easily it doesn't mean that the entire model is bad, it's just the interpretation that they utilize for today's presentation. Did that come across okay? COMMISSIONER WOLFLEY: Yes. COMMISS]ONER MURRAY: To me it does. MR. McDANIEL: Okay. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Between the two of you now in that regard, you have a study. One of the tools of the study was this dynamic software, this program, right? Is the purpose of the study to now lie on a shelf and die? MR. McDANIEL: No, sir. COMMISSIONER MURRAY: So-- MR. McDANIEL: And again, and we're not going to -- you know, you all have already voted on that, so we'll let that one -- COMMISSIONER MURRAY: Well, I'm not even relating to that. My question is really focused around the idea that if you've already purchased it and you've done your study and you're fmished, well, we could say it's all done and just let it go away and you can use it or not use it as you please. However, I perceive it, even though I agree with the Chair that there are a lot of unanswered questions, I believe that as an answer, a tool that you can use, it may prove to be effective, and that's why I made the motion, can be effective and could ultimately be utilized. But that can't be proven unless we give it a chance. MR. McDANIEL: And that, if I may, Mr. Bosi, bodes the question and the thought processes, because of the information sources that we currently have available that we're utilizing for population projections, the land use map that we currently have in existence today, there are other ways of getting to the ultimate end. This we have found. And we ground truthed a lot of the information on the East of951 Horizon Study during our workshops and our committee meetings. We have found that this interactive growth model on the pretense is a very, very valuable tool that we're going to be able to utilize for our community going forward. It's far marc accurate than the information that we have available to us. It's far more dynamic and accepts the changes of population based on political trends and socio issues that are ultimately going to be impacting the future growth of our community. So we're -- it is our suggestion, as was put before you, to authorize its utilization. A continuing maintenance program is necessary because it's the same old adage, garbage in, garbage out. If the interactive growth model is not updated, ifit's not maintained, it won't produce satisfactory information for us to be able to make prudent decisions going forward with our growth and development. Hence the suggestion of this oversight committee to ensure that that was in fact transpiring so that the decision-makers had that ability. Again, we're not going to -- that was the premise behind that thought process. But bottom line is it has to be maintained, it has to be updated in order for it to be utilized and be accurate. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Mike, if this gets approved and we go forward and we use this growth model that we've paid for, how would we address certain issues that, for example, Commissioner Strain has brought up? How would you get that input from people in order to perhaps make corrections or modifications or -- MR. BOSI: And one, I would have to sit down with Chairman Strain to find out where his primary issues lied. I can tell you what I as the community planning rnanager and the AU]R manager envisioned. After the update would take place in April, would take a couple rnonths, sornetime in July 1 would be before the Planning Cornmission and the Productivity Committee as a precursor to the AUIR process to let you know here was the results of our growth model from 2007, here was the output, here was the increments at build-out and the extent of development that was projected for. Here's the 2008 updated version with all the land use decisions, and -- not land use decisions, but development orders that had been provided for over the course of that year. And give you the change in dynamic, what the change of that picture would be as a precursor to the upcoming 2009 AUIR. And then from that point in time I believe that we would broach the -- we would broach this subject with the Productivity, Planning Commission and the Board of County Commissioners as to whether they saw it within a value to explore the possibility of potentially -- of potentially adopting the growth model in the population projections, in the spatial population projections of the growth model to be incorporated within our Growth Management Plan. But that would be only ifthe advisory boards and the Board of County Commissioners saw the benefit ofthat. Page 57 16 I 1 A-S December 9, 2008 But that's really how I envisioned the process to go. What I've heard now from Commissioner Strain is there are a lot of questions, and rightfully. Because of that I think there would have to be another full day or two of vetting just with Dr. Van Buskirk, the Planning Commission, in providing you with a technical document, so to speak, before that meeting to be able to give a little bit more exposure to the underpinnings within the limitations of the proprietary inforrnation to be able to have a much better vetting and understanding on the Planning Commission's part of the actual nuts and bolts of it. MR. McDANIEL: And this may be an over-sirnplification, Commissioner. Did he answer your question? COMMISSIONER CARON: That's all right, I'll get back to him. MR. McDANIEL: There was a ton of inforrnation that carne out over there. When we saw this interactive growth rnodel at the committee level, they flopped out all those charts with all that information. And I remember one of our committee persons, Doug Rankin, about turned a flip because there were incorrect asswnptions made coming off of the land use maps with respect to the densities that could potentially be allowable in Golden Gate Estates. And so with respect to that, and we made those suggestions, Dr. Van Buskirk and his staff took them into consideration, irnplemented them in and then brought them back with new inforrnation for us to verity and check to further assure the accuracy of the information. And as I said before, with garbage in, garbage out, that process can happen over tirne. As Commissioner Strain has an opportunity to review the different aspects of the interactive growth model and all of us, anyone necessarily that has anything to do with the growth rnanagement planning process, will have that opportunity to make those suggestions. COMMISSIONER CARON: Mike? CHAIRMAN STRAIN: Thanks, Bill. COMMISSIONER CARON: Mr. McDaniel brought up one of the points that I was trying to make. When it was first presented to the Horizon Study group, they got the raw data to look at. And guess what" They found issues. As your local planning agency, we have yet to see the raw data. Would it not be a good thing for us to see that data? MR. BaSI: It most certainly would. The problem that I -- that was presented to me was in terrns of scheduling, that Horizon Study committee review of the AUIR -- or growth rnodel data took place over a 16-month period. Between the presentation of the Board of County Commissioners on the 29th of September and the scheduling ofthis meeting, 1 guess there just wasn't the opportunity to present a whole nother round of the technical W1derpinnings and the redevelopment of the model with an additional advisory board. We were tasked by the Board of County Commissioners to take the growth model and develop it with the Horizon Study committee. And it's very fair of this body to say we understand that directive, but we still have hesitations towards our full acceptance of the model. So what I'm hearing from you, Ms. Caron, is you would like to have a four to five scheduled process oftaking the model through the process with yourselves. But the problem is, I don't have that within a contractual obligation within my consultants. So that would require additional monies. I guess staff could do it without the expertise of the principals, but the value to that exercise, I'm not quite -- I'm not sure if you'd get everything out of it that you're looking for. But yes, I understand your contention, but staff was directed to take this and vet it through with the Horizon Study committee. So in terrns of that detail -- that opportunity for a detailed technical review I think could present itself. It's just at this point in time it wasn't provided for within the schedule of events. COMMISSIONER CARON: Okay. I understand your timing issues with next Tuesday. I understand the timing issues as well as what the BCC directed you to do, which was to deal through the Horizon Study group. Do you think that if this went forward with approval that between now or between whenever the BCC blessed it and when you come before us in a pre-AlJIR meeting we could have been -- we could be given that information? MR. BaSI: Ifthat would be the desire of the Planning Commission that that process, you know, be undertaken by myself, I most certainly -- I most certainly -- COMMISSIONER CARON: You're saying you don't have money. MR. BOSI: I most certainly will schedule the event within the context and the understanding that it would be staff for the most part representing our limited understanding. But we could most certainly go through and have a full vetting of all the increments of the baseline data. Because what the Horizon Study committee did really was review the baseline data, vet the information within the T AZ, because they lived in the study area, they knew the specific built (sic) environment, much better than just what the spreadsheets Page 58 16 I 1 ti-5 December 9,2008 were saying. And then we discussed some of the parameters that were utilized to produce the algorithms. We can do -- we could provide something similar to that. It just would have to be without the presence of the consultants, just because we haven't -- contractually we don't have the latitude with that, unfortunately. CHAIRMAN STRAIN: Okay. Bill, did you have sornething else you wanted to add" MR. McDANIEL: Only to the extent, Ms. Caron, you need to -- you ought to at some particular stage, as this planning tool that's being suggested that we utilize this as an additional planning tool, so if in fact you folks choose to recomrnend its approval and move it on through the process, you're going to have a lot of shots, if you will, at this. There is an unbelievable amount ofinfomlation that's contained in here that will be ground truthed over time. There's going to be things in the Immokalee overlay that none of us have any real good working knowledge of that the folks in the rnaster planning conunittee in Immokalee will ultimately take on. The ultimate changes that are going to occur within the Rural Land Stewardship Overlay. I mean, while this process was going on, Dr. Van Buskirk didn't know that we were whacking the hamlets as a designated development criteria in the Rural Land Stewardship Overlay. Didn't realize that we were establishing an additional credit methodology for the preservation and conservation of agricultural uses. Those are all things that this model will ultimately accept as we go forth in time. But it just needs more time for that vetting and review. And I think over that time you're going to have that opportunity to have a look at the specificities that make it do what it does. CHAIRMAN STRAIN: Thank you, Bill. Any other comments? COMMISSIONER VIGLIOTTI: Yeah-- CHAIRMAN STRAIN: Mr. Vigliotti" COMMISSIONER VIGLIOTTI: -- I just want to make one. I will be voting for it. I think we spent -- I know we spent most of the money already. And from here going forward is pay as you go. But I'm really interested in the possibility of finding a whole new way oflooking at population. Because every time we do the AUIR, we really don't have an agreement on even the right figures to use. And as you have said, this might give us another slant that rnaybe we could eventually get this through the DCA. So I will be voting for it. And I don't need to -- Ms. Caron, they spent months and months and months doing all the details. I really don't need the details going backwards. That's just where I stand on it. CHAIRMAN STRAIN: And !'II be voting no still. For the record clear, because the BCC wants to know why if you vote no, why you voted no. I don't --I am dissatisfied with the inconsistencies with the AUIR, the lack of verifiable data. Contrary to Mr. Vigliotti's conclusion, r would like more data. And so far what I've seen, there was not enough time to provide us with a verification that I feel comfortable with. And additionally, at these times, any additional cost to government aren't needed that aren't essential. Mr. Wolfley, did you have a comment? COMMISSIONER WOLFLEY: Yes. I am going to stay in my nurnber -- in my second ofthe motion. Certainly it needs work. How can the first go-through be perfect? Ifit were, these two gentlemen behind you, you know, they would be in every precinct, every county across the country. It does need some work. I do feel that a committee, the combined committee will help get those issues resolved. And I'll continue my second and vote for it. CHAIRMAN STRAIN: Okay, with that, all in favor ofthe motion for recommending the acceptance of this as a supplemental planning tool and to enter into negotiations for the update ofthe model, signity by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: All those opposed" Nay. Just me. Okay. Motion carries 5-1. And I thank all of you for everything here today. It was an enlightening experience. Is there any -- unless the young lady there would like to speak to us, she's the only member of the public left, so-- Page 59 161 145 December 9,2008 MR. McDAN]EL: She was our record keeper during the East of95]. CHAIRMAN STRAIN: Okay. Well, I'm sure she's probably got opinions, but whether you want to express them or not, it's up to you. Okay, it's public comment period, but if therels no -- COMMISSIONER MURRAY: I make a suggestion that somebody buy him lunch, because he didn't get lunch today. CHAIRMAN STRAIN: Yeah, I didn't plan to be here. Okay, is there a motion to adjourn? COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER WOLFLEY: Yes. CHAIRMAN STRAIN: Mr. Vigliotti, seconded by Mr. Wolfley. All in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRA]N: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. We are adjourned. Thank you all. ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at 2:41 p.m. COLLI .V~/ MARK These minutes approved by the board on. \ - (')- -e+) as presented V'or as corrected . ~- "- Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nortingharn. Page 60 161 1 WP December 17,2008 TRANSCRIPT OF THE MEETING OF THE Fiala ~~~CTORS' LICENSING BOARD Halas . 4<.' OF COLLIER COUNTY RECEIVED Henning 1 . Coyle v / Naples, Florida JAN 2 I 2009 Coletta ~/ December 17, 2008 ""amOfGountyComm,SSioners LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 10:30 a.m. in REGULAR SESSION at Collier County Development Services Center, 2800 North Horseshoe Drive, Room 609-619, Naples, Florida, with the following members present: CHAIRMAN: Les Dickson Richard Joslin Eric Guite' (Absent) Lee Horn Terry Jerulle Thomas Lykos Michael Boyd Glenn Herriman (Absent) ALSO PRESENT: Patrick Neale, Attorney for the CLB . Mise Corres: Robert Zachary, ASSIstant County Attorney Michael Ossorio, Zoning & Land Developmgm-Rc;v ic;w Item # D~ I 0 lo';Y l0ItJ)A- b Page 1 Copies to: 161 1 ~ December 17,2008 CHAIRMAN DICKSON: Good morning. I'd like to call to order the meeting of the Collier County Contractor Licensing Board, December 17th, 2008. Anyone who would like to -- that appears before this Board and would like to make an appeal will need a verbatim record of that proceeding, which is being taken. I'd like to start with roll call to my right. MR. JERULLE: Terry Jerulle. MR. L YKOS: Tom Lykos. CHAIRMAN DICKSON: Les Dickson. MR. JOSLIN: Richard Joslin. MR. HORN: Lee Horn. MR. BOYD: Michael Boyd. CHAIRMAN DICKSON: So we have six, and two absent. We do have a vacancy on the Board. Vacancy still exists for a consumer, which we would love to get filled. The only requirement is that they live within the City of Naples, right? MR. OSSORIO: That's correct. CHAIRMAN DICKSON: City -- Naples corporate city limits, because it is a representative -- good morning, Mr. Zachary. MR. ZACHARY: Good morning. CHAIRMAN DICKSON: It is the representative from the City of Naples. Second requirement is that you have never had any association with the construction industry in any way, shape or form. So if anyone's interested, we would sure like to have them contact Sue Filson and fill out a form. Any additions or deletions to the minutes? Ian? MR. JACKSON: Ian Jackson, License Compliance Officer for Collier County. We have one addition under discussion after the vote on new Page 2 1611/>b December 17,2008 chair. Jennifer Guttuso, discussing the Virginia Graeme Baker Pool and Spa Safety Act, and which I have some paperwork to distribute, if the addition is approved. CHAIRMAN DICKSON: Okay. And Jennifer's here? MS. GUTTUSO: Yes, I am. CHAIRMAN DICKSON: Okay, good. No more changes. Do I hear a motion to approve the agenda as amended? MR. JOSLIN: So moved, Joslin. CHAIRMAN DICKSON: Second, Dickson. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Have you had a chance to read the minutes? I need either changes that you may have encountered or an approval as they're written. MR. JOSLIN: I make a motion, Mr. Chairman, that we approve the minutes as written. MR. L YKOS: Second, Lykos. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Done. Discussion. Discussion of citation procedures. Page 3 161 Itw December 17,2008 I'll let you take the floor on that, County. MR. OSSORIO: Hang on, Mr. Chairman. Sorry about that, Mr. Dickson. For the record, Mike Ossorio, Contractor Licensing Supervisor. Welcome. CHAIRMAN DICKSON: Good morning. MR. OSSORIO: Good morning. I wanted to discuss just a quick bulletin about the discussion of the citation procedure. I know that we've been issuing citations for about 10 years. And of that 10 years, we've probably issued 4,000 to 4,500 citations. Of that 4,000 citations we've issued over the last couple of years, there are about 400 outstanding. And out of that 400, 129 or 160, I believe, have been issued in '08. So there seems to be a little bit of issue of noncompliance in issuing citations for the '08 year. And we brought on Karen Clements. I don't know if you're familiar with Karen Clements. She was in licensing before. She has just started working with us and she is heading up our citation procedure. And also she's going to be doing investigations and obviously going out there on unlicensed activities as well. So we added a staff member, which is good news, thanks to Bob Dunn, that we are at full staff now. And just wanted to let you know that you'll see something on the agenda in the upcoming months, hopefully will be on the consent agenda, we're going to be -- start doing on the consent. In other words, when you approve the agenda, the consent will be approved. And at the end of the meeting we'll have the chairman sign off on the orders for proceeding with the clerk's office for the citation process. So I want to let you aware of that's what we're going to be doing the upcoming months. CHAIRMAN DICKSON: Anybody have any questions? MR. JOSLIN: Are these citations factors you're talking about, Page 4 161 1 AlP December 17,2008 these citations that have not been paid? Is that what you're talking about? MR. OSSORIO: That's correct. MR. JOSLIN: So there's 120 of them out there that have been cited and not -- MR. OSSORIO: I would say over 120 to 160. I'm not sure, I haven't really looked at it. But it seems to be a lot more issue in '08, maybe due to the fact of the economy, whatever it is. But we need to go ahead and start getting the procedure. And we've had a procedure, it's just that we haven't had the means or know how to do it. But obviously I sat down with the county attorney and the board's attorney and we've corne up with a good solution we're going to be starting hopefully in the next month or two. CHAIRMAN DICKSON: Yeah, that's a big number. MR. JOSLIN: Yes, it is. At $300 a -- most of the citations are about $300 apiece, aren't they? MR. OSSORIO: Yeah, most of them are $300 apiece. MR. JOSLIN: Sizeable amount of money. MR. JERULLE: Do you have a list? MR. OSSORIO: We have a list. MR. JERULLE: Is it a public record of-- MR. OSSORIO: Yeah, we have -- that's all public information. If somebody wishes to get that, we'll do it for you. So the policy's there, the procedure is there, and we're waiting on just a confirmation from the county attorney and then we're going to start proceeding. And I think we're going to get a lot of compliance. Some citations we're going to be issue (sic) that no matter what we do or what the Board does, we're just not going to collect. That's -- and I don't know how the Board feels about after we go through this whole procedure on foreclosing on something that's going to cost us more money to do than what it's worth. So we'll corne to that bridge when we get there. But right now Page 5 ,161 1 {4w December 17,2008 we're in the final stages of actually implementing this policy, so I think it's going to be -- it's a good policy and I think we're going to get good compliance with it. MR. LYKOS: Good. CHAIRMAN DICKSON: Okay, next is vote on chairmanship for the upcoming year. After six years as your chairman, we've gone to a yearly chairmanship and a yearly vice-chairman, which will be elected each December. They will serve starting in January of the new year through December of the same year. I've already noticed a change on this Board. It's more vibrant that way. It's the way the County Commissioners do it. Instead of listening to the same old guy all the time, a new voice, new face. So with that, I will entertain nominations for chairmanship for the year 2009. MR. L YKOS: Mr. Chair, I nominate Mr. Joslin for chair for 2009. CHAIRMAN DICKSON: I second that. Mr. Joslin has been vice chair for the last six years. MR. JOSLIN: It's been a pleasure. MR. OSSORIO: And he still can't get it right, right? CHAIRMAN DICKSON: He just talks a different language. MR. JOSLIN: That's what the recorder said, Ijust talk fast. CHAIRMAN DICKSON: Any other nominations? (No response.) MR. JOSLIN: I would like to -- are we just on chairman now? CHAIRMAN DICKSON: Yes. MR. JOSLIN: Okay, never mind. CHAIRMAN DICKSON: All those in favor ofMr. Joslin, signify by saying aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. Page 6 161 lW December 17, 2008 CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Unanimous. Congratulations. MR. JOSLIN: Thank you very much. CHAIRMAN DICKSON: Nomination for vice-chairman. MR. JERULLE: I nominate Tom Lykos. MR. JOSLIN: I'll second that motion. CHAIRMAN DICKSON: We could do campaigning. I mean-- we could put signs up, whatever you want. MR. JOSLIN: Can I sell him? MR. L YKOS: Let's not go there. MR. JOSLIN: I'm only kidding. MR. JERULLE: Are you from Illinois? CHAIRMAN DICKSON: Can you believe that? Absolutely shocking. MR. JOSLIN: Really. That is amazing. CHAIRMAN DICKSON: That's not all he sold either. Interesting. Okay, no other nominations, then I'll move for a vote. All those in favor ofMr. Lykos? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) Page 7 16 I l.fJo December 17,2008 CHAIRMAN DICKSON: Also unanimous. Congratulations, gentlemen. MR. L YKOS: Thank you. MR. JOSLIN: Thank you. CHAIRMAN DICKSON: I know you'll serve well. Now I can start hushing my mouth. I'm sure many people will enjoy that. MR. JOSLIN: Before we go any farther, as the new acting chairman, I would like to just extend our greatest appreciation and gratitude, Mr. Dickson, for the past years that you have been chairman. And it has been a pleasure, I'm sure from all the Board members and myself as the vice-chairman, to have served under you. CHAIRMAN DICKSON: Thank you. MR. L YKOS: Yes, thank you very much. CHAIRMAN DICKSON: Thank you. It's nice. I'm still staying on the Board, though, so you can't get rid of me. MR. JOSLIN: That's fine. CHAIRMAN DICKSON: Okay. Jennifer Guttuso. It's now her time. MS. GUTTUSO: Good morning. How are you? My name is Jennifer Guttuso. I'm the supervisor for the pool program for the Collier County Health Department. I'm sorry? MR. OSSORIO: Spell your name. MS. GUTTUSO: Oh, I'm sorry. G-U-T-T-U-S-O. I'm here to talk about the Virginia Graeme Baker Act, briefly. The first thing I wanted to set out there is that we as the Collier County Health Department are actually a state office. We're called Collier County Health Department because that's our area of jurisdiction. We actually are a state office, though. This Virginia Graeme Baker Act is actually a federal congressionally enacted law, but we have been asked by the CPSC, Page 8 161 1 # December 17, 2008 who's administering the law, to help them enact this. They simply don't have the manpower to do so. So we're trying to get the word out to -- so that the contractors know what's going on, what's expected of them, what is allowed, what is not allowed. So very briefly, Virginia Graeme Baker was a seven-year-old girl who on June 15th of2002 was at a pool party. She got stuck on the main drain grate of a spa in a residential spa in somebody's backyard and consequently drowned. It took them 10 minutes to get her off that grate. For those of you that don't know, the main drain is the big grate, the big hole, usually in the deepest part of the pool. Unfortunately when you're talking about spas or wading pools, which are about 12 inches deep for the little kids, they're actually not that far away from the children and arms and legs and should they fall and land on them and things like that. Virginia Graeme's grandfather was the former Secretary of State James Baker. And her mother went on to lobby for safer laws in terms of pools and spas that are on direct suction so that things like this wouldn't happen. As she was lobbying, not a lot was happening, although there were a couple other children getting hurt. What happened was there was a young child in I believe it was Minnesota in a wading pool and had fallen and landed on the main drain grat and was disemboweled, and that kind of spurred them. What they did was they took this act and they buried it an extremely comprehensive energy bill, so it actually passed through. The law was signed into effect on December 19th of 2007. And basically what it did was it described a minimum safety standard for new drain covers that would be used to cover these drains so that children would not become entrapped in terms of their body getting stuck, because of the suction, and fingers couldn't get in and hair Page 9 161 11\W December 17,2008 couldn't get in and vortex around where people would be drowning. The law gave them a year for compliance. The problem was that they -- the minimum standard that they set out was not finished being written yet. So by the time that safety standard was written, there was already four or five months of that year of compliance gone. The problem we're having now is once the standard was written, five months behind the ball, now the manufacturers could go out and manufacture it. But then they have to go through the testing period and the approval process. So now that the law is out there and it goes into effect on Friday, physically these grates are not out there to be gotten, okay? And that's part of the problem that we're having. The act, the Virginia Graeme Baker Act, names it as a consumer product safety law. So the entire law is being overseen and enforced by the Consumer Product Safety Commission. They have acknowledged that these drains are very difficult to get. And so what they're doing, or what they say they are doing, is that they will be doing their inspections on a complaint only basis for now until they can kind of get their ducks in a row in terms of how they will get out there to enforce this. They're putting an emphasis on the pools and spas that cater towards the children: The interactive pools where the water shoots up and the kids run through them, the wading pools which are about 12 inches deep that the kids play in, and the spas. Because these are the ones that are most dangerous for the children. If anybody has any information or -- I'm sorry, is looking for any information, it's -- they actually have a website. It's WWW.CPsc.Gov. And they're outlining what they're doing there. There's also a secondary portion of this act that requires a secondary device on systems that have only one main drain. And this is where the licensing board kind of gets into it. There's a list of five secondary devices. Now, the State of Florida only recognizes one of Page 10 161 1 14 December 17, 2008 them. It's called a collector tank, which puts the pool on a gravity feed so the pump isn't sucking directly from the drain. Really cuts down on the amount of suction. But there are four other choices out there that the CPSC will allow. The state, once our code is revised, and we expect that to come out in the middle of February, beginning of March, is only recognizing one of those and that is that collector tank. So the other four devices that are being installed are not recognized by the State of Florida. So the contractors can go out, install these devices. They don't need to be approved by us, they don't need to be inspected by us. And with the Consumer Product Safety Commission not coming out, really nobody's looking at these devices that are being installed. And what we're finding out or what we're realizing as this law draws closer and people are really starting to panic, while these devices are required to be installed by a commercially licensed contractor, we're finding that a lot of the contractors out there are not aware of the limits of their licensing. The -- on the federa11eve1 what it says is that any pool contractor can install these devices. That includes residential. The county has some limiting laws that override that, however, saying only commercially licensed people can work on commercial pools. And that's where we're running into some problem. We as the health department have exposure to most of the commercially licensed pool contractors out there, simply because we interact with them. We have very little interaction with the residentially licensed people. And what we're finding is the residentially licensed people are reading the act and kind of interpreting it their own way. And while it does make sense, there are some gross misinterpretations out there that I'm afraid are not going to have the safety effect that we're looking for, as well as cost the consumers and residential people out there a lot of Page 11 161 1# December 17,2008 money that they really don't need to be spending. Which is part of why I'm here, to get that commercial licensing issue out there. But we also wanted to get out the effects of this act and what it is that we're afraid of. The health department does have a little bit stricter standards on the drain covers that are being installed. And we do have a website out there. We've tried to get that out to everyone so that they're aware of what's approved and what's not. If the contractors are putting on a drain cover that is federally approved but is not state approved, we as the state, when the inspectors go out, will be closing those pools. Because those drain covers will be limiting the flow of the pool, will be limiting the sanitation of the pool and start the safety issue on a whole nother level. So we're trying to get some information out there. Again, the health department really only deals with commercial pools. And that's about it. Any questions? CHAIRMAN DICKSON: Thank you very much. MR. JOSLIN: Thank you, Jennifer. MR. OSSORIO: Jennifer, I do have one question. I'm sorry. On a level of licensing as a building review and permitting as in permits, do you foresee that the building department will be getting involved in issuing building permits for these drains? MS. GUTTUSO: I don't believe so. It's not really a structural change, so I don't think it's really something that the county will be getting involved in. I do think -- as I was speaking with Rick, I do think that there will be some changes or some addressing in the residential permitting side of it in terms of when the spas are being built as new spas. But to take an existing spa or pool and just change the drain cover, it's literally unscrewing four screws and screwing something back. So I really don't think that the building department would need Page 12 161 1# December 17, 2008 to get involved in that. MR. OSSORIO: Another question is, is that when you're building a commercial swimming pool, that's one of the things that the building inspector is going to look at, or is that something that you're going to be inspecting? MS. GUTTUSO: Actually, both. We as the state come out after the piping is done and after they've set up the concrete shell and we inspect the piping, we also come back after everything is finished. And then we final it. Once it's finaled, we take over all the inspections. But my understanding is the county is out there when the piping is first put in. They then come back out after the cement structure is set up while the piping is under pressure, they do an inspection then. And they come out at the end. I believe they do sanitary facilities and fences at the end. So the county is involved in the building process of it. Once it's done being built, they then drop out and the state takes over. On the commercial pools anyway. MR. OSSORIO: Okay. And my last question is, you had mentioned something about a collection tank equalizing. Is that something we're going to get involved with permit-wise, or no? Because that's adding service or adding to the pump house. MS. GUTTUSO: Well, the ones that have to be retrofitted, it will have to be permitted. I don't believe that the building department gets involved in that. I think that is considered a repair or modification and comes directly through our office in the state. For the most part, I believe it was 1983 or '84 where the State of Florida required that all new pools at that point be built with a collector tank. So for the most part, most of the pools out there already have them. However, there are some still in direct suction that will have to be retrofitted. Those plans are reviewed by our engineer and approved at the Page 13 16 I l/W December 17, 2008 state level. I think they do building permits over here, though, in terms of where they're digging and where they'll be placing these pits. Because the pits do extend down into the ground. But I don't know what inspections are done by the county on that level. MR. OSSORlO: Okay, thank you. MR. JOSLIN: One last comment. I'll just interject here, only because I think it's -- everyone's wondering, probably on the Board, too, of why that -- and I was the one that brought this to the attention. First of all was because of the media coverage that I'm sure that we're going to give on TV. Only because to let the public be aware of what's going on with this particular act, since it is a federal act. And the second thing is because of the licensing issue that we have here in Collier County. Michael Ossorio and I have been in conversation for the past two weeks about this. And it appears, now, I'm not 100 percent certain but I'm pretty positive, that we have a conflict of ordinance regarding our ordinance, a swimming pool contractor/servicing repair companies versus the state statute of 489. And the way that the actual law has come out from the HRS says that any licensed pool contractor can do the service. Which the State of Florida 489 says that there are only three classifications of licenses. There are only commercial, residential contractors or a pool/spa servicing contractor, according to 489. In our code, in our ordinance, it lists a forth license, which is a residential pool/spa servicing contractor only. The difference is is that the servicing contractor can only maintain pools. This was a license that we issued I believe in the ordinance change last year, which kept a licensed contractor able to only go out and service pools, but not repair pools. According to the code now, we have -- the code says that a licensing service contractor. Well, apparently the State of Florida now Page 14 161 1/0P December 17, 2008 has overridden us to a degree and now our ordinance is really at a moot point. And this is something that we probably need to bring up for discussion down the road or in our ordinance change for the coming year, put on the agenda to maybe modify it or change it. And this is just terminology in the ordinance. But you can see how it would affect Collier County license versus a state certified license. CHAIRMAN DICKSON: Is that it? Thank you very much. MS. GUTTUSO: Thank you. CHAIRMAN DICKSON: Moving on. New business. Edwidge Bourdeau, are you present? Yes, sir, if you would, come up to this podium. If you would, state your name and then I'll have this pretty lady swear you in. MR. BOURDEAU: My name is Edwidge Bourdeau. (Speaker was duly sworn.) CHAIRMAN DICKSON: You're going to have to talk louder than you did. You hear my level at this point? That's what I need to hear. Okay? You're wanting to be -- you're here to reinstate your license without retesting. Looks to me like you've been in Port St. Lucie all this time; is that correct? MR. BOURDEAU: Yes. CHAIRMAN DICKSON: Louder. MR. BOURDEAU: Yes. Well, I had my office up here, and then I decided to move it in Port St. Lucie, since I live in Port St. Lucie. So, you know, I went down there, have met all the requirements down there. And from the county here, I don't believe I ever receive any notice stated that I was supposed to renew up here. But I've been doing that in Port St. Lucie. And as you know, as an electrician you have to continue your education every two years, and I've been doing that. But I never knew Page 15 161 1 *V December 17, 2008 that if I'm not doing business in this area I will have to, you know, continue to renew it every year. As soon as I did find out that I had to do that, then I called here. And then they told me, you know, this is what -- this was my situation. But I have -- like I said, I've maintained insurance, I've done everything that I was supposed to down in Port St. Lucie. MR. JOSLIN: Mr. Bourdeau, I have a question for you. On your packet here, I'm looking at four different Department of Business and Professional Regulation licenses that you have in your possession. MR. BOURDEAU: Yes. MR. JOSLIN: Have you ever read one of those? MR. BOURDEAU: If! have read them? MR. JOSLIN: Have you read the license itself, a copy of the license? It gives -- MR. BOURDEAU: Somewhat. MR. JOSLIN: -- you the ability to -- as an ER number, to be able to work as a registered electrical contractor as Bourdeau Electric and Power Electrical Company. Also, it says very clearly at the bottom of that license, the individual must meet all local licensing requirements prior to contracting in any area. MR. BOURDEAU: Yes, I understand that. But like I said, since I had -- I moved to Port St. Lucie, so to my understanding I met the requirements down there. But I didn't know I had to maintain it going up here when I wasn't going in business here. That's my main problem that I didn't know. And I'm sorry about that. MR. L YKOS: Mr. Ossorio, how long has the license been lapsed here in Collier County? MR. OSSORlO: More than 18 months. And more than -- and he hasn't taken the exact within three years. But it's always been a policy of the Board, especially when you deal with a state registered contractor, whatever it might be, building, residential, electrical or Page 16 De~~b:r 17,~oofli mechanical. He has kept up -- he is current with the state registration. He has obviously let the county lapse. And unfortunately we don't have any jurisdiction to reissue it, so he has to apply to the licensing board. I have no objections. He's done all his CU credit hours, he's licensed in the State of Florida, and I recommend that we approve it and pay all back penalties and fees. CHAIRMAN DICKSON: And I agree with that. I mean, I'm sitting here -- I understand what you're saying, and I understand what you're saying, but he moved out of the area, but he still maintained his license; he still maintained with the state and the local county. Didn't maintain with the county back where he originated the license. And I might have been confused about that as well. So as long as you're not opposed to paying back penalties and fees, I don't see a problem either. MR. JERULLE: I have a question. Your insurance certificate shows you have general liability insurance? MR. BOURDEAU: Yes. MR. JERULLE: Do you have auto insurance? MR. BOURDEAU: Yes. MR. JERULLE: Because it doesn't show it on the certificate that I have. MR. BOURDEAU: Because this is a new certificate. And I'm not -- right now the business is slow and I'm not using the vehicles, so -- I only got -- as a matter of fact, I only got one van. MR. JERULLE: How about Workmen's Compensation? I didn't see in that either. MR. BOURDEAU: We had that back then also. MR. JERULLE: Is that in the package? MR. BOURDEAU: If you want to verify, you can-- MR. JERULLE: Did I miss it? MR. JOSLIN: No, I have an exemption form I found. Page 17 16 I 114 December 17, 2008 MR. OSSORIO: Yeah, there's a -- the state requires him to have a Workers Compo policy or be Workers Compo exempt. MR. JERULLE: I didn't see -- CHAIRMAN DICKSON: Auto is not our concern. MR. JOSLIN: The exemption form that I'm looking at here shows that he's exempt, but yet on the company background information, it shows the number of employees being as two. Do you have other employees that are listed on here that shouldn't have been? MR. BOURDEAU: Yes, I used to. Right now I don't have any employees at all. Since business is, you know, so slow. MR. JOSLIN: At this time I'll go along with Mr. Dickson's thoughts on the approval of the license, but I would want to make sure that staff has definitely a knowledge of the W orkrnen's Compensation or if he has more than one employee, because it's very ambiguous here as far as the number of employees versus the exemption form. CHAIRMAN DICKSON: I make a motion to approve -- MR. JOSLIN: I second. CHAIRMAN DICKSON: -- reinstatement without retesting. MR. JOSLIN: I second the motion. CHAIRMAN DICKSON: Discussion? MR. L YKOS: I guess I would ask that we also require that all the back fees be paid to get current. CHAIRMAN DICKSON: Yeah. And I'll add that to the motion. Any more discussion? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. QUITE': Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. Page 18 161 1 ~ December 17,2008 MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Unanimous. Now, you can't do this today, because all your stuff is in here. You have to come back tomorrow, okay? And then go see Maggie. All right? Wish you well. MR. BOURDEAU: Thank you. CHAIRMAN DICKSON: Myron Smith, are you there? Good morning, sir. MR. SMITH: Good morning. CHAIRMAN DICKSON: If you would, come up and state your name, I'll have you sworn in also. MR. SMITH: I'm Myron Smith. (Speaker was duly sworn.) CHAIRMAN DICKSON: You got a citation for what? Engaging in business as a contractor or advertising -- MR. L YKOS: Tree trimming. CHAIRMAN DICKSON: -- tree trimming without being duly registered or certified. And you would like to protest that citation. MR. SMITH: Yes, sir. CHAIRMAN DICKSON: Floor's yours. MR. SMITH: I've been a licensed contractor in Collier County for 17 years, I guess it is. I'm not sure exactly. A long time. And I had -- it had lapsed. It wasn't that I -- I guess at the time it lapsed I was unlicensed, and I do admit that. We've had a large struggle in our house which caused our office -- we have our office in our house, in our den, and we had a leak in the wall and the whole kitchen, dining room and den had to be taken out. And so we had to -- it disrupted our whole household, our whole office. And I have also with me proof of that what I'm saying, with the Page 19 , 16 I 1 fJp December 17, 2008 mold in the house and our whole house getting -- and I had just -- in the chaos, along with my wife that during this time just got -- I don't want to blame it all on her, but she -- it was a tough time physically and emotionally with the whole house getting disrupted. And I overlooked getting my license renewed at the proper time. And that's what happened. CHAIRMAN DICKSON: Well, I'll be honest with you, I'll be real blunt. I don't care for people that come in here and blame it on their wives. MR. SMITH: I'm not. CHAIRMAN DICKSON: You're the license holder. MR. SMITH: I am. CHAIRMAN DICKSON: Okay? MR. SMITH: Yes. She usually does all the paperwork and does all that. And that was why -- you know, I'm not trying to blame it on my wife. It is my responsibility, absolutely. MR. JOSLIN: Could we have Mr. Kennette to say exactly what he saw the day of the citation? CHAIRMAN DICKSON: Yeah. Mr. Kennessa (sic)? (Speaker was duly sworn.) MR. KENNETTE: My name is Allen Kennette, Contractor Licensing Compliance Officer. What I actually saw was the -- out on Ditch Apple Lane, the gentleman was by a tree, sharpening his saw and getting it ready to do some more cutting. He had a lot of stuff down. There was another worker there with him removing debris that he had cut down. They were loading it onto a trailer. So I -- he had no markings or anything on his truck. I asked him for his license; he said he did have one. Produced one, and I informed him that it had expired 9/30 of '08, that he hadn't renewed it yet and we were in October already. And he just said that Page 20 16\ lA-~ December 17,2008 he had not proper time to get down and do it. He knew he needed to do it. He's been in business for 17 years. And I said well, you know, it needs to be renewed every year at this time, you've been doing it right along. And he said well, he's had some problems at home and that he would take care of it as soon as possible. I did issue him the citation for working with an unproperly registered license. CHAIRMAN DICKSON: Have you since renewed the license? MR. SMITH: Yes, sir. Immediately, the next day. CHAIRMAN DICKSON: Anybody else have any questions? MR. BOYD: Is he licensed as a tree trimmer? MR. KENNETTE: Yes, he is. He has a landscaping restricted, which includes tree trimming. MR. JOSLIN: How about the insurance requirements? MR. KENNETTE: The -- he's Workers Compo exempt. And he did have liability insurance. On the form that I had shows it was renewed for 1/31 of2009. MR. JERULLE: How long has he had his license? MR. KENNETTE: License was issued in 1995. MR. JERULLE: '95. Has it ever lapsed prior to this? MR. KENNETTE: As far as I know, according to our system, it wasn't that far back, I haven't seen anything on him on not renewing it. We only go back so far without really pulling the records out ofIron Mountain. But as far as we have ours, it showed that he has paid every year, except for this one time. MR. JERULLE: Mr. Smith, has it ever lapsed before? MR. SMITH: No, sir. MR. L YKOS: I make a motion that we uphold the citation. MR. JOSLIN: I second the motion. And also, I think staff needs to dig into the license that he does reinstate and -- or uphold, I'm sorry, upholding this citation, but dig into his insurance qualifications. If he's got two men working on the Page 21 161 lAu December 17, 2008 job, or himself plus another man, right, in tree trimming, I would think he would need some type of insurance, Workmen's Compo or something to protect those men. MR. OSSORIO: The code is pretty ambiguous referencing a tree service. If you are just trimming a tree, it's considered non-construction, you can have up to three employees with no insurance. If you're actually on a construction site and you're actually cutting the tree down, then you will fall under the category of construction. So we take that into account when we go out there. MR. JOSLIN: Okay. MR. SMITH: I was just trimming trees. MR. KENNETTE: The other worker wasn't working, he was just MR. JOSLIN: Loading? MR. KENNETTE: -- removing trees that he had already cut down, the branches. MR. JOSLIN: My second still stands then. MR. L YKOS: The reason I think we need to uphold the citation is I think we start to get into a gray area when we say how long has it been, how long have you been in the community. You know, it expires, these are the rules we've established. And we start being subjective with the decision-making -- MR. JOSLIN: That many years in business-- MR. L YKOS: -- then we might as well change the rules. So let's just keep the rules the way they are and uphold the rules that we have. CHAIRMAN DICKSON: I'm just the opposite. We're in discussion mode. I guess I've got Christmas spirit or something. I mean, 17 years and he's never done it before. And he did -- your redeeming grace was you went and got the license renewed the next day. So I was going to give him a reprieve. MR. SMITH: I'd appreciate that. MR. JERULLE: I agree. I mean, if -- the reason there is a board Page 22 16 1 IMP December 17, 2008 is to be subjective in some cases. Otherwise, Mr. Ossorio could handle it. I think the history has a great deal to do with it. MR. JOSLIN: But a history also has to do with the fact that ifhe has been in business for 17 years, then obviously he knows he has to renew that license. He knows he has to be qualified to do this work. I mean, because he does it the next day, well, okay, he's done it, but-- CHAIRMAN DICKSON: Yeah. And it only over-lapsed what, a couple of weeks? MR. SMITH: Right. MR. JOSLIN: I can understand your thoughts. CHAIRMAN DICKSON: That's why we have a board and that's why we vote. Anybody else? (No response.) CHAIRMAN DICKSON: Okay, the motion is to -- the citation will stand. Call for the vote. All those in favor? Show of hands. MR. JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: All those opposed? MR. JERULLE: Aye. MR. BOYD: Aye. CHAIRMAN DICKSON: Aye. CHAIRMAN DICKSON: Okay, citation is dropped. Because the vote was that it stands, you didn't get a majority. Right, legalese? Mr. Suits? MR. NEALE: Yeah, you got it. CHAIRMAN DICKSON: And even though it was a tie vote, the motion was that the citation stands. Didn't gain a majority, so a tie goes to you as well. So just don't let it happen again, and -- MR. SMITH: It won't. Page 23 16\ l.fttl December 17, 2008 CHAIRMAN DICKSON: -- say Merry Christmas. MR. SMITH: Yes, sir. Thank you very much. CHAIRMAN DICKSON: See you later. I've got Christmas spirit today. MR. JOSLIN: Yes, you do. That's okay. CHAIRMAN DICKSON: Oh, my, I'm going to get this right. Last name's easy, Ortega. Nahamani? MR. ORTEGA: Nahamani. CHAIRMAN DICKSON: Close, wasn't I? MR. JOSLIN: That's pretty good. CHAIRMAN DICKSON: Good morning. MR. ORTEGA: Good morning. CHAIRMAN DICKSON: If you would, state your name, spell the name for her and I'll have you sworn in. MR. ORTEGA: Nahamani Ortega. N-A-H-A-M-A-N-I. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, so we got some questions on your experience when you applied for a license, correct? MR. ORTEGA: Yes. CHAIRMAN DICKSON: Okay. Which ones are they? Which one got kicked up? MR. ORTEGA: The one under Genuine Homebuilders, Ms. Kimberly Todd. MR. OSSORIO: Mr. Chairman, if you look on the verification experience, I did call Kimberly Todd, and she does not -- she unfortunately does not know Mr. Ortega. She knows, I believe, your brother that we have no knowledge of. And Mr. -- Mrs. Todd was kind of embarrassed by it and took aback by it, because she was assuming it was for Mr. Ortega. And she was kind of upset about it. And I told her that unfortunately this gentleman has misrepresented himself on the licensing application, so I was not able to come to a conclusion about issuing him the certificate. So I wrote Page 24 16 \ 1M December 17,2008 him a letter telling him that he must apply to the licensing board for the license. CHAIRMAN DICKSON: Okay. And that's that one -- I'm hoping I've got the right one here. MR. OSSORIO: It should be circled with a question. CHAIRMAN DICKSON: Okay, there we go. I'm with you. Okay, tell us what happened here. MR. ORTEGA: All right. Ms. Kimberly Todd does know who I am, obviously because my brother and I work for the same company. And we used to work together as a pair. It's just the misunderstanding was she thought she was signing for him. My brother tells me that when he talked to her, he did explain to her that it would be -- you know, the signature would be for me. Because he's known her for many more years, he's got more friendship with her. So, you know, he took the liberty of talking to her, see if she would do that for me. I mean, she does know who I am. Just obviously there was a misunderstanding with the whole thing of who she signed for. MR. OSSORIO: But Mr. Ortega, when I talked to Mrs. Kimberly Todd, you can look on the years of experience from 2005 to 2008, she was under the impression she was signing for your brother. She said she wouldn't have signed for you because she didn't know your work and you just started working for the company. That's only going verbatim what she told me. MR. ORTEGA: Right, I understand. CHAIRMAN DICKSON: Did you call on the other two, Mr. Ossorio? MR. OSSORIO: No, I did not. MR. JOSLIN: Also in the packet there's two other forms in the packet that aren't even completed. One of them's an affidavit of integrity and good character. And then also the second one is a resolution of authorization, showing the business name and partners. Page 25 16 \ 1~ December 17, 2008 And none of those are filled out. Is there a reason why those weren't filled out? MR. ORTEGA: Yeah, Maggie put an "X" on those. I think-- yeah, you can tell on the top right. Because I've already had the license with Collier County, a fencing contractor's license. So I guess she crossed that out. I guess you didn't need to do it again, I would imagine that's why she did that. MR. OSSORIO: That is a procedure issue, and we'll address that when -- the time of application. If the gentleman already has a license, we tend -- he does not have to sign another good character reference. And if he owns more than 51 percent of the company, then therefore he doesn't need an authorization letter from the company because he is the company. So there's certain things we do procedure-wise in the office, but -- MR. JOSLIN: Okay. Maybe a stamp or something that's already on file or something, so we know. MR. OSSORIO: Excellent. MR. L YKOS: Mr. Ortega, in understand correctly, you have a fence license now? MR. ORTEGA: Yes, sir. MR. L YKOS: And you want to get a license for installing shower doors or for windows and glazing? What is it you're trying to get a license for? MR. ORTEGA: Yes, for shower doors and mirrors. Just -- I mean, since the way things are with the fencing and construction, I've got the experience with glass and the mirrors, I figured I'd also pull that and try to get some more income coming in. That was the purpose of trying to get this other license. MR. L YKOS: So you've been doing fencing with your own company and you've been doing shower doors and mirrors working -- MR. ORTEGA: Yes. MR. L YKOS: -- for somebody else or on your own as well? Page 26 16\ 1MP December 17,2008 MR. ORTEGA: Yes. Yes, I started doing the fencing. I ended up having to do it weekends or after work, because with the little work that was coming. So I started doing the shower doors for the company, correct. MR. L YKOS: And what company were you working for doing shower doors and mirrors? MR. ORTEGA: First in Miami Gardens with Best Price Glass and Mirror, which is -- the owner changed now anyways. And now -- well, not anymore, with Creative Glass was my last employer. MR. L YKOS: How come we don't have affidavits from either of those companies to verifY your experience and your background? MR. ORTEGA: Employers are not going to sign that for you. I mean, they know you're going to be their competition eventually, so -- CHAIRMAN DICKSON: Not in Miami Gardens. MR. ORTEGA: Well, I couldn't get ahold of him because he sold his business. And my understanding was he moved away. So that -- I was trying to get ahold of him, I figured maybe he would sign it. But that's been a problem trying to get ahold of him. CHAIRMAN DICKSON: The problem is the fact remains you're -- the one we called on is a bust. Okay? MR. ORTEGA: I understand. CHAIRMAN DICKSON: That's gone, it's over with. We didn't call on the other two. So we don't-- MR. L YKOS: And the other two are builders, they're not glass compames. MR. ORTEGA: Right. My understanding was supervising, you know, the work. These builders supervise the work while they're there, you know, and you're doing the job. Correct? MR. L YKOS: Well, I would personally like to see if you worked for a glass company, a glass company that could verify your expertise. MR. ORTEGA: My question. What if my former employer doesn't want to do it? What ifhe doesn't want to sign it? Page 27 161 1~ December 17,2008 MR. JOSLIN: Why would he not want to sign it for you? I mean, if he wants to see you get ahead, I'm sure -- MR. ORTEGA: 90 percent of the time I know plenty of, you know, people that have pulled licenses and their employers won't get it -- you know, they won't give it to them because eventually they know that they're going to have to go up against them. So, you know -- not all of them, but a lot of times that's how it is. MR. L YKOS: You tell Bev and Lance I want to see a letter from Bev and Lance. MR. ORTEGA: Okay. MR. LYKOS: Okay? MR. ORTEGA: Will do. MR. OSSORIO: My understanding is, is when I talked to the Creative Glass, and I'm going to paraphrase this, that you left on bad terms, supposedly. And I'm not saying quoting. But maybe you didn't leave on bad terms, but your brother did, because your brother is the one who has all the experience who's actually been working in Collier County. You've worked in Miami-Dade and I don't doubt that. But this is your brother's affidavits. How come your brother's not taking the exam? MR. ORTEGA: He is. He's taking it next month. MR. OSSORIO: My recommendation is is that your brother-- MR. ORTEGA: The reason -- I'm sorry, go ahead. MR. OSSORIO: My recommendation is that you withdraw this application, have your brother take the exam and use these affidavits and we'll -- I'll review it and see where we're at and go for it. MR. ORTEGA: It would definitely be the easiest way. My brother's already contacted a former employer and he said he would SIgn. So, I mean, in regards with me getting the other experience, from my other former employer, most likely it's not going to happen. And in leaving with bad terms with Creative Glass, we didn't. I Page 28 161 1 ~(p December 17, t008 mean, when he let us go, we talked about it, it was okay. I explained to him why we did it. You know, he kept mentioning he's going to close down his business, you know. And his reason was, well, I was just upset every time I said it. Yeah, but, you know, I've got to watch out for my family, you know, and I've got to -- you know, I've got to make sure that I don't get stayed out in the street. So if they're something that I know how to do, I'm going to try to get a license for that. Obviously it's a conflict of interest, but who wouldn't do it in my position? CHAIRMAN DICKSON: Okay, anybody ready to make a motion? Or do you want to withdraw your application? MR. ORTEGA: I wouldn't want to, but it's up to you guys. CHAIRMAN DICKSON: Well, then we'll take care of it. I make a motion that we deny the request to approve the experience affidavit and the application be denied. MR. JOSLIN: I second the motion. CHAIRMAN DICKSON: Discussion? MR. JOSLIN: I would feel that ifhe could get together some more applications or some more affidavits that were correct and were legal and Mr. Ossorio could check on them, that maybe we would reconsider it again. But at this point, no. CHAIRMAN DICKSON: You've just got to do it again. This one ain't gonna fly. MR. ORTEGA: No, I understand. CHAIRMAN DICKSON: Okay, all those in favor-- MR. JERULLE: And the Board -- excuse me. I think the Board appreciates you coming in for a license as opposed to going out and doing this work without a license. And I would caution you not to do that. We do appreciate you coming in, but like the Board has said, I don't think you meet the qualifications. MR. ORTEGA: Understand. Page 29 16 I 1 A-~ December 17,2008 MR. OSSORIO: Mr. Chairman, just for the -- just before you vote, just make sure Mr. Ortega knows is that -- that he does have a certificate with our office and we could have charged him on a misconduct for misrepresenting to the licensing board information that was submitted today, and we did not do that. MR. ORTEGA: Understood. MR. L YKOS: Holiday spirit for everybody. MR. JOSLIN: Yes. MR. L YKOS: It's going to end come January, though. MR. JOSLIN: Look out. CHAIRMAN DICKSON: I've got one coming up. I haven't seen yours yet, so we'll see if it continues. Call for the vote. All those in favor of the motion to deny. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Have a Merry Christmas. MR. ORTEGA: Thank you. CHAIRMAN DICKSON: Sorry it wasn't better. MR. ORTEGA: That's okay. Thank you. CHAIRMAN DICKSON: Robert Brogdon, come on up. Robert, if you would, state your name and I'll have you sworn in also. MR. BROGDON: Robert Joe Brogdon. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, you got two citations, right? MR. BROGDON: Yes, sir. Page 30 16 I l1\lo December 17,2008 CHAIRMAN DICKSON: Okay, tell us what happened. MR. BROGDON: Some friends of ours bought a house. A young couple, first house they bought. The husband works with my wife for about three years. They had a little fix-me-up that they needed a little help in the house. So I went over and took a look. And needed some help doing a little demolition. So I thought well, I'll donate a little time to them. About four days into it, Rob stopped by. And the house was partially completed to start with. Somebody laid some tile and they were -- drywall had been done prior to them buying the house. Well, he come up and said I was laying tile and doing drywall work, which ain't the fact. So that's about the name of that tune. So he got me for unlicensed drywaller and laying floor tile, which I did none of the above. So I deny that. MR. JOSLIN: What were you doing there? What were you actually doing there? MR. BROGDON: A little bit of demolition. Tore out some cabinets, took up a couple toilets. Just demolition work. No -- replaced nothing. I did no floor tile or no drywall, period. MR. L YKOS: But you did plumbing work and carpentry work. MR. BROGDON: No, I didn't do no carpentry work or -- I replaced nothing. Just total demolition. Put the cabinets in the garage. MR. L YKOS: Well, you took cabinets off the walls -- MR. BROGDON: Yes, sir. MR. L YKOS: -- and turned off the plumbing to the toilets and pulled the toilets. MR. BROGDON: Turned off the shut-off valve. MR. OSSORIO: Mr. Lykos, I'd like to have Rob Ganguli sworn in and we'll show you some photographs. MR. JOSLIN: Okay, please. CHAIRMAN DICKSON: Go ahead, Rob, I'll have you sworn in. (Speaker was duly sworn.) Page 31 16 I 1 Au December 17,2008 MR. GANGULI: For the record, Rob Ganguli, G-A-N-G-U-L-I, Investigator, Collier County Contractor Licensing. CHAIRMAN DICKSON: Good morning. MR. GANGULI: Good morning, sir, how are you? CHAIRMAN DICKSON: Good, how are you doing? MR. GANGULI: My recollection of the incident is as follows: On October 21st, 2008, I was on the job site at 9741 Campbell Circle and observed an interior renovation consisting of the initial demolition and rebuilding of wall openings, plumbing and electrical work and the replacement of existing flooring. I met with Mr. Brogdon, who was working on-site, who informed me that the homeowner was not present. When asked about the work he was performing, Mr. Brogdon stated he was doing the demo work, along with the tiling of the flooring, drywall and painting but was not doing any electrical or plumbing work. When asked about his licensing information, Mr. Brogdon stated he did concrete work in Lee County and was doing this job because his business had slowed. My on-site research revealed that Mr. Brogdon did have a Lee County business tax receipt for a concrete pumping business, but no other licensing information was discovered. Based on my observations depicted in the photographs, as well as the information that Mr. Brogdon provided to me, I issued two $300 citations for unlicensed tile/marble work and for unlicensed drywall work, issued a stop work order and informed the area code enforcement investigator of the unpermitted plumbing and electrical work in progress. I also spoke to the homeowner, Emily Koszinski (phonetic), about permitting unlicensed contractor requirements. On November 6th, 2008, I was contacted by Mr. Joel Newman of the license general contracting company Trinity Project Management Group, CGC060140, and Collier County Certificate Page 32 16 I 1 k& December 17, 2008 30330, who informed me that they had been hired to permit the necessary work and complete the construction of the residence. Mr. Newman further informed me that Mr. Brogdon would no longer be working on the job site. CHAIRMAN DICKSON: Questions ofMr. Ganguli? (No response.) CHAIRMAN DICKSON: Response? MR. BROGDON: Well, it's what it was. I mean, I didn't lay tile and I didn't do drywall. I mean, I was just donating some time because they're friends of ours. There wasn't no contract deal, I wasn't getting paid for this effort at the house. You know, they're good friends. I've been working with them for three years at work. They were a young couple fixing to have a baby in January. Trying to expedite the deal a little bit. So I guess that's what you get for doing a favor, I don't know. CHAIRMAN DICKSON: Did she offer to pay for the citations? MR. BROGDON: They were going to pay for the citations. But I thought why, you know what I mean, I'll go to the hearing. Yeah, they were going to pay for it right away. But, I mean, I thought what's the purpose, you're struggling now to move in a house, you know, and -- it wasn't no money deal, wasn't no transaction. I contracted to do this work. I don't know, you know. I think he's making it more out of something that, you know, it really ain't. In was contracting to making a salary off this job, it would be one thing. But, you know, they was just trying to save a little money and help them out, and he'd do what he can, one of them deals. MR. JERULLE: You said you didn't do any of the tile work? MR. BROGDON: No, sir. MR. JERULLE: Who did the tile work you see in the photos? MR. BROGDON: That was just a little bit of linoleum. That wasn't laying no tile. That was some old linoleum that was left in the house. Page 33 16 I 1;\(p December 17, 2008 MR. JERULLE: I see tile work. MR. BROGDON: That was prior -- the tile work was in the house when they purchased the house. Some of it was partially finished. The tile work, there was drywall unfinished. I mean, they had a -- people went in there and had a report when they bought the house. There was so much unfinished that probably started in that house and never completed. I mean, there was a homeowners inspection when the house -- there was a big '01 list this thick of projects started in the house, never finished. But I laid no tile in that home. No drywall. I never told him I hung drywall or laid tile. The tile was laid all the way through the living room up to the kitchen and stopped. None I laid. MR. JERULLE: Would this work require a demolition permit in the county? MR. GANGULI: I believe it would. Mr. Ossorio? MR. BROGDON: I mean, I can see demolition. I did demolition. I mean, that's -- 1'11-- you know. MR. JERULLE: Just asking the question here. MR. OSSORIO: In a perfect scheme of things, what typically happens when you're doing a remodeling job or you're trying to explore -- probably Mr. Lykos would probably be more apt to tell us, that sometimes you do get a demolition permit to take things off the wall, to do some exploring to see where the electrical work is, where the plumbing is, and then the demolition permits gets issued, gets C.O.'d, and then you apply for your main building permit. And obviously this didn't happen on this particular case. MR. JERULLE: Well, that's what my question was. There was no demolition permit? MR. OSSORIO: There was no permit at all, no. MR. L YKOS: If! would have stepped in a project like this, the first thing I would have done was brought the inspectors on-site to inspect the existing conditions to even know what the scope of work Page 34 16 I 1 /t;(p December 17,2008 that needed to be done to make sure that everything that was existing was up to code. How can you start into something without knowing what the existing conditions are, or how code compliant they are? MR. BROGDON: They had a home inspector come in the house. MR. L YKOS: I'm talking about the building department. MR. BROGDON: Oh, okay. Right. MR. L YKOS: And I wouldn't be very safe working in the job where wires are hanging from the ceilings and -- it doesn't appear to me that a small amount of minor work was done to this project. I understand that you think there was some work that had already been done before you got there, but I see tools laying on the floor. This is not something that somebody stepped into. What you're trying to imply is that a bunch of work got done, and the people that did it left their extension cords, their power tools, their hand tools, their garbage cans and all the demolition material and just abandoned the job site and you just happened to step in there and was going to do all this work for free. MR. BROGDON: I only was there four days, sir. MR. L YKOS: I understand. But what you're implying is that other people did work before you got there, and those people brought on jackhammers and power cords and air guns and compressors and tore apart this house, and most of that work got done before you got there to scrape linoleum off the concrete. MR. BROGDON: No, sir. The only thing I'm saying is I did no tile work, I did no drywall. Strictly demolition. That's my only argument. MR. L YKOS: Well, you're demoing walls and there's bare framing exposed. You had to take drywall down to do that work. MR. JOSLIN: Electrical covers over the light sockets, over the electrical sockets, over the plugs. There's a lot of things in here that Page 35 16 ~ 1 Aw December 17, 2008 are being done that should have required a permit for starters, there's no doubt. I don't know, I'm under the impression of saying that -- I'm going to make a motion that the citations stand. Whether or not you were doing the work there, you were caught there at the job. And I can tell by Mr. Ganguli's comments that he felt that you were doing that job, and I think that's enough for us to act on. MR. L YKOS: Second, Lykos. CHAIRMAN DICKSON: Discussion? (No response.) MR. JOSLIN: Christmas spirit? CHAIRMAN DICKSON: I don't know. MR. BOYD: Robert, did you talk to the homeowner? MR. GANGULI: I did talk to the homeowner, sir. MR. BOYD: Was he being paid, or is he actually a friend? MR. GANGULI: I can't answer that, Mr. Boyd, I'm sorry. I can't answer that. The contributing factor to me writing the citations was Mr. Brogdon's specific admission that he was not doing electrical and plumbing work. But he was doing the others. He specified that deliberately. And based on what I observed, I had no reason not to believe him. MR. BROGDON: Can I speak? I told him in had time I would have helped the homeowner do some drywall at one point in time. But at that point there was no drywall, you know, done in the house. And he was saying well, you can help the homeowner if the homeowner is present, you know. But I'm still saying I'm helping the guys out. You know, this is not a contract situation where -- I don't know. MR. JERULLE: Do you have a license in Lee County? MR. BROGDON: Yes, sir. MR. JERULLE: And what is the license for? Page 36 161 1 A~ December 17, 2008 MR. BROGDON: Concrete, pumping. MR. JERULLE: So you know that certain work needs requirements for licensing? MR. BROGDON: Well-- MR. JERULLE: You're aware that you need a license. MR. BROGDON: Yes, sir. MR. JERULLE: So being in this house and doing the work that you were doing, were you not aware that you needed a license for some of this work? MR. BROGDON: Well, I was going to do no plumbing-- MR. JERULLE: Whether you're helping somebody -- MR. BROGDON: -- no electrical. MR. JERULLE: Whether you're helping somebody under a contract or as a favor, were you not aware that this work needed to be licensed? MR. BROGDON: Well, it looked like a handyman list to me. I mean, you know, there was just raw edges that somebody started a bunch of projects in this house and never finished. MR. JERULLE: You're not answering my question, though. My question is were you not aware that this work required a permit and to be done by a licensed contractor? MR. BROGDON: My observation, me just helping them out, no, sir, I didn't think that, no. No, I didn't. I mean, if I would have thought that, I wouldn't even got involved in the deal. It was kind of like, you know, you help deals -- MR. JERULLE: But you're a licensed contractor in Lee County. MR. BROGDON: Yes, sir. I do concrete. I don't do -- I don't claim to be a drywaller or none of the above. MR. OSSORIO: Mr. Ganguli, just for the record again, when you talked to this gentleman, he just specified that things were slow and this is why he was doing this? MR. GANGULI: Yes, sir. Page 37 16 I 1 A& December 17, 2008 CHAIRMAN DICKSON: Any more discussion? MR. L YKOS: I have a hard time justifying any circumstances where this scope of work is being completed without a permit without a licensed contractor. MR. JOSLIN: I agree. MR. JERULLE: Yeah, I agree also. MR. L YKOS: I don't know what -- any circumstances that you could justify, I'm somebody's friend and I was -- I can't imagine that we would recommend as a Board that our county employees allow this kind of work to go on. I just can't -- I can't envision the circumstances where we'd allow this to go on. Electrical, plumbing. How do we know there wasn't structure of the building being affected? MR. JOSLIN: One thing for Mr. Ganguli. After you spoke to the homeowners of the property, you said that there was then another contractor that was going to continue finishing the work? MR. GANGULI: Mr. Joslin, very expeditiously I was contacted by a licensed contractor. The company's name is Trinity Project Management Group. The representative's name is Joel Newman. And he told me that he had been hired by the homeowner to remedy the situation that existed. MR. JOSLIN: I got you. MR. GANGULI: There are permits -- MR. JOSLIN: After the fact then. MR. GANGULI: After the incident with Mr. Brogdon, there are permits ready to be picked up from Trinity Project Management to proceed. MR. JOSLIN: I got you. So Trinity could have done the same work that was done there that you saw when you went to the home as far as demolition goes with a permit by Trinity, ifno one else had done it. MR. GANGULI: Not chronologically, Mr. Joslin. They had Page 38 16 I 1.ft{p December 17, 2008 been hired after the incident occurred with Mr. Brogdon. Am I understanding your question? MR. JOSLIN: Yes, I understand what you're saying. I'mjust saying that ifthis gentleman had not done that work, Trinity, being hired by the homeowner, could have done the same work that he did -- MR. GANGULI: Yes, sir. MR. JOSLIN: -- what you saw that day. MR. GANGULI: Yes, sir. MR. JOSLIN: So it was after the fact for sure. MR. GANGULI: Absolutely. MR. JOSLIN: Okay. CHAIRMAN DICKSON: Okay, let's put this to bed. Call for the vote. I have a motion that the citations, both citations, two total, stand. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: It's unanimous. The citations stand. MR. BROGDON: Okay, thank you, gentlemen. CHAIRMAN DICKSON: Thanks for coming in. Thank you, Mr. Ganguli. Jeff Baker, are you here? MR. BAKER: Yes. CHAIRMAN DICKSON: How are you doing? MR. BAKER: Good. How are you? CHAIRMAN DICKSON: Good. Come up to this one. Change Your Colors, Inc. update on a Workers' Compensation Page 39 16 I 1 A~ December 17,2008 and review of license. If you would, state your name and then I'll have you sworn in. MR. BAKER: Jeffbaker. (Speaker was duly sworn.) CHAIRMAN DICKSON: Before you get started, I'm going to turn this over to Mr. Ossorio. Give us kind of a background and bring us up to date. I don't remember this one. MR. JOSLIN: You weren't here, I don't believe. CHAIRMAN DICKSON: Okay. MR. OSSORIO: Mr. Chairman, if you look in your package, you'll see a finding of fact that was ordered by this Board. And you can look at the paragraph one, probation for a period of one year, at which time the contracting activities shall be under the supervision of the contractor licensing staff, the contractor licensing board. Such probation may be revoked at any time by the Board at a hearing noticed for such purpose and to reappear before the Board within six months for review. This is just clearly Mr. Baker just showing up, telling me I'm still in business, I've done what I was supposed to do, I'm still on probation, and it's a six-month review. You can call it that, if you wish. You can ask him any questions. I believe Mr. Baker -- and I've talked to Ian Jackson about it, who's the investigator on the case, that he has called in every job he has done and he has applied by and paid all the civil fines and also went to school and probation and did the business procedure test agam. So he has complied with your order. This is just a review to stop in and say here I am, I'm doing what I'm supposed to be doing. MR. JOSLIN: So in your opinion, did everything that we gave him for disciplinary actions so far has been done and met and everything's on the copasetic and everything's up to par? MR. OSSORIO: Yes, you can -- one through six, he has Page 40 16 I 1 A& December 17,2008 complied with everything, and he is in good standing with our office, other than being on probation. MR. L YKOS: Do you have employees working for you, Mr. Baker? MR. BAKER: No. MR. L YKOS: So you're Workers' Compo exempt. MR. BAKER: Yes. MR. L YKOS: And you understand if you get employees, you have to have Worker's Comp.? MR. BAKER: Yes, sir. MR. LYKOS: Okay. MR. JOSLIN: I make a motion that we set aside this order as far as for another six months, since this gentleman has done all the requirements that we have set ahead of time. And I commend you for doing that. We took a chance on you. I remember the case very well. And I took a chance on you at that point and I'm glad you made a good person out of me and made me feel good now. So we'll see you in six months. Is that something we need to vote on, correct? MR. L YKOS: Well, you made a motion-- MR. JOSLIN: I'm sorry. MR. L YKOS: -- I'm not sure I understand what the motion was. MR. JOSLIN: Motion that we accept this --let me see what I've got a motion to. What are we actually doing? We're hearing the Case No. 21660 regarding the findings of fact and the conclusions of law and the order of the Board. And that at this moment -- MR. OSSORlO: Mr. Chairman, I don't think he has to make a motion, this is just informative. And after today he'd still be on probation for six months. So that will just expire sometime next year. MR. JOSLIN: Right. Page 41 16 Ii lA-~ December 17, 2008 MR. OSSORIO: So this is just Mr. Baker to say-- MR. NEALE: Informative. MR. OSSORIO: -- I'm doing what he's (sic) supposed to be doing. He's satisfied. You take it at face value and he goes on his way. MR. JOSLIN: So he's good to go. CHAIRMAN DICKSON: If -- always looking for a way to expedite activity for the Board. Being that he's done everything that he was requested to do in a very timely manner, could it be that the Board could excuse him from appearing at the end of one year if you were satisfied with him doing everything? Leave it up to county whether he returns or not? MR. OSSORIO: I don't think the Board -- I don't think -- well, when I read the order of the Board, it actually just says has to appear within six months. He doesn't have to reappear every six months. He's on probation for one year. If you want to take a look at him in six months, everything's okay, then it will expire sometime. The probation will expire within a year, so -- CHAIRMAN DICKSON: No need to come back here. MR. OSSORIO: You don't need to come back here, no. MR. NEALE: No, he's good to go. MR. L YKOS: Mr. Baker, thank you very much for your compliance. We appreciate it. MR. JERULLE: Good job. CHAIRMAN DICKSON: Have a nice Christmas. MR. BAKER: Merry Christmas. CHAIRMAN DICKSON: You, too. Calvert Courtney, are you here? Yes, sir, if you would, come up. What did you do, do all this stuff while I was gone? Okay. How are you, sir? MR. COURTNEY: Fine. CHAIRMAN DICKSON: Mr. Joslin, why don't you take this? MR. JOSLIN: Mr. Courtney, I remember this. Page 42 16 I 1 A~ December 17, 2008 THE COURT REPORTER: Do I need to swear him in. CHAIRMAN DICKSON: Oh, that's right, thank you. MR. JOSLIN: Yes. (Speaker was duly sworn.) MR. JOSLIN: Mr. Courtney, I know in the findings of fact that you were before us on May 21 st of '08 and you were -- indicated you had to do some items. MR. COURTNEY: Yes. My recollection of it and the way I interpreted the stipulations that I read was I think it was Mr. Lykos or Mr. Dickson requested a profit and loss and a credit report six months from the time that you reinstated the license. So I've brought those with me today. There's one for each one of you. MR. JOSLIN: This had to do with your credit report, correct? MR. COURTNEY: No. What Mr. Dickinson's (sic) statement, as I remember it was, is they wanted to make sure that the business did not incur any more debt. And that's what I've brought here. He wanted to look at the profitability of the business as a -- MR. JOSLIN: I got you, okay. MR. OSSORIO: If you remember Mr. Courtney, we did have a couple of cases on him. And you suspended his license and then it got revoked. And then he petitioned the Board to get reinstated and you denied it and I think Mr. Lykos said well, if you really wanted to, you would pay everyone off the 30 some thousand, in which he did. So he came back with his attorney and said, okay, I paid everyone off, please let me have my license back. And you said fine, we'll put you on probation. I want to see you in six months, I want to see what you have on your credit statements and make sure that you have a bona fide business and you're in business and you're not taking any more deposits that you cannot do. We have had one complaint since then, but I think it was more of a prior one which Mr. Courtney did not know that it was out there. I believe he is making payments on it. So the homeowner is satisfied at Page 43 161 1 Ir~ December 17,2008 this time that he is -- you know, this homeowner is getting paid, slowly but surely. Am I correct? MR. COURTNEY: (Nods head affirmatively.) MR. JOSLIN: Have you seen a copy of this report that he has (sic) going to provide us? Have you seen a copy of this report? MR. OSSORIO: No, I have not. He just brought it today. MR. COURTNEY: Should I just hand them to you? MR. OSSORIO: I recommend we just hand it out. You can review it, if you have any questions, and it's on the record and then we'll see what happens. MR. COURTNEY: At the time that the request was made for the P&L, I asked if it had to be an audited statement, and Mr. Dickinson (sic) said no. This is simply off of my accounting software. I use a Quick Books programs. And it's dated from April 1 through end of business day yesterday. So it shows where we are. And I ran a -- had In Balance, a local credit reporting agency run the three major bureaus on a credit check on the company, and there's nothing there, of course. MR. OSSORIO: You can look on the Page 3 and it says respondent's business balance sheet and profit and losses, dated six months from the date of hearing. MR. COURTNEY: We were actually supposed to have this meeting in November, but it got postponed. MR. JOSLIN: That's okay. CHAIRMAN DICKSON: It's nice to see someone makes profits. MR. COURTNEY: The percentage is okay, it's just the gross revenues are so small in this quiet economy. CHAIRMAN DICKSON: Hey, there's nobody making profits, so if you're making profits, count your blessings. MR. JOSLIN: Really. MR. L YKOS: Couple of things, Mr. Courtney, I'd like to make a Page 44 16 I l-k{p December 17, 2008 note of. We don't have your balance sheet, and that shows your debt. And that was one of our concerns was that you'd be increasing your debt. We don't have your balance sheet, so I'd like to see that. MR. COURTNEY: Mr. Lykos, there are no revolving lines of credit, there's no chattel mortgages. There is one debt to a homeowner, a past customer, and it's in the amount of$18,000. And that's all the debt there is. MR. L YKOS: I understand. But in our order to you, we wanted to see your balance sheet as well as your P&L. MR. COURTNEY: I will admit the mistake to that. I did not realize you wanted to see that balance sheet. MR. L YKOS: You have a great attorney. Do you have a good accountant? MR. COURTNEY: I have an expensive one. MR. L YKOS: You have $103,000 in casual labor? MR. COURTNEY: I use 1099. I have a Workmen's Compo exemption, and on the paver brick side I physically can't do the work. I can a lot of the landscaping. But I have a group of subcontractors out of Fort Myers that I 1099 at the end at the end of the fiscal year. I call it casual labor, the entry -- that's the heading I use in the Quick Books system. I do this myself. I don't have a bookkeeper. MR. L YKOS: I understand. MR. COURTNEY: Right. MR. JOSLIN: Is this a licensed contractor that you contract to do this work for you? MR. COURTNEY: Yes, it is. MR. JOSLIN: They have their own Workman's Compo insurances and -- MR. COURTNEY: They do. And I'll qualify that statement. I don't ask for that on every job. If the homeowner requires it -- I'm doing no work for contractors at this point. If they ask for it, I have them provide proof of it, and so far they have complied with that at Page 45 16! lAw December 17, 2008 every request. They are a Lee County/Collier County contractor. MR. JOSLIN: Do you know what that contractor's name is? MR. COURTNEY: Croat. MR. JOSLIN: What is it? MR. COURTNEY: Croat. C-R-O-A- T. MR. JOSLIN: I think just for your own sake, it would be good to have it on file for your insurance purposes, because if you get audited, they're going to ask you for the certificates. And if you're claiming this is a 1099, that could be the same thing as you paying them on the side as just a payrolled employee that you're not paying insurances on. MR. COURTNEY: There are some guidelines at that that are unclear to me, Mr. Joslin. I've yet to learn that, exactly what determines a 1099. I understand if you tell them to be there at 9:00 in the morning that you've violated 1099 guidelines. I wish I had a better understanding. I'm kind of doing a commonsense thing. I set up the time for the job and do a little quality control. MR. L YKOS: I really would like to see the balance sheet. I want to see your payables and your receivables. If you're using Quick Books, this is probably in an accrual report. MR. COURTNEY: It is. MR. L YKOS: Yeah, I'd like to see your balance sheets. One of our concerns was that you were going to create debt again and use customers' deposits to pay old debt and that -- I think it's important that we can verify that you're not just moving debt around, and that's why we need to see your balance sheet. MR. COURTNEY: Okay. MR. L YKOS: You should be able to print that report with Quick Books, just like you do the P &L. MR. COURTNEY: I use the simple start, but I can pull it. I don't have the professional Quick Books. This is the $99 one, not the 700. MR. L YKOS: I understand. MR. COURTNEY: And it won't print my balance sheet, but I Page 46 16 i 1 fW December 17,2008 can pull it for you, I can create it. I know -- MR. JOSLIN: Mr. Lykos, how about also that we get into this casual labor situation. As far as ifhe's saying he's using a licensed contractor to do $103,000 worth of work for him, then he should surely have certificates of some sort they would be more willing to give him. So we're sure that he's covered with this insurance and not just paying casual labor. MR. COURTNEY: I have no problem with that at all. MR. JOSLIN: Okay, that's -- MR. COURTNEY: I'll share anything that you request. I didn't realize -- I thought today was to come and simply provide the credit report and to show you the P&L. I didn't have any idea that these other things would enter into it, and I'll be glad to produce whatever you request. MR. JOSLIN: Okay, super. MR. L YKOS: We don't want to run your business, we just want to make sure that you're doing a good job of doing it yourself. MR. COURTNEY: I gotcha. MR. L YKOS: And those reports will help us verify that you're doing that. MR. COURTNEY: Gotcha. So what is the specific list of your requirements and what are the time frames? MR. L YKOS: Well, I think we've got end of the year coming up. Ifwe can get an end of the year P&L and end of the year balance sheet and -- MR. JOSLIN: Copies of the certificates by the end of the year I'm sure shouldn't be a problem. Out of all the subcontractors that you have worked or paid, it shouldn't be hard to do. And then one other thing. Ifhe can provide this, do we need to look at this again through the Board next month, or would staff be able to -- Page 47 161 1 AlP December 17, 2008 MR. L YKOS: Yeah, I think we should look at it at the January meeting. MR. JOSLIN: January meeting? MR. L YKOS: Yeah, let's look at the P&L and the balance sheet. MR. JOSLIN: Okay. So at the January meeting you'll have to resume coming back here again one more time with that information. MR. COURTNEY: Do I have to submit this to Maggie by the 1 st, or can I bring it like this? MR. OSSORIO: No, it would be fine. I think what we should do is that we'll collect the folders that you have outstanding here, you'll go back, add more things to it and we'll add you to the agenda for January -- or January 21st over in the Board of County Commissioners chambers. No, not a problem. MR. L YKOS: Thank you. Very good start, though, Mr. Courtney. MR. JOSLIN: Collect all these again? CHAIRMAN DICKSON: Public hearing. We've been at it an hour and 20 minutes. Anybody need a break? We okay? Let's do 10 minutes. 12:00 sharp back in here. Is it going to be a long hearing? You never know? If your stomach growls, we won't chastise you for it. MR. OSSORIO: I'd say 40 minutes. CHAIRMAN DICKSON: Okay, sounds good. We stand adjourned for 10 minutes. (Recess.) CHAIRMAN DICKSON: I'd like to call back to order the meeting of the Collier County Contractor Licensing Board. Moving on to public hearings. We now have a public hearing with Daniel L. Scott. Daniel, are you present? Sir, if you would, come up here on the front row. I'm going to have you sit there on the front, just in back of that podium there. Page 48 , .16 ~ 1 k~ December 17,2008 MR. JOSLIN: You want to swear him in first? CHAIRMAN DICKSON: No. The way this case is handled, it's kind of quasi judicial. Once you get up here, we'll swear you in. Everybody else has been sworn m. Does the county have anybody else that's going to testify that hasn't already been sworn in? Ian, you haven't been sworn in, have you? MR. JACKSON: No, I have not. MR. GANGULI: Mr. Dickson, the complainant also is here and may need to be sworn in, should we require his testimony. It's pretty redundant in comparison -- or with regard to his sworn statement that you all have in front of you, but if you would -- CHAIRMAN DICKSON: I can do the packet for him. Are they going to testify? Is the complainant going to testify? MR. GANGULI: Yes, sir. CHAIRMAN DICKSON: Okay, when they corne up, I'll do that. It's Case No. 2008-15, License No. 11229, Board of Collier County Commissioners, they are the petitioner, Board of Collier County Commissioners, not us. Here in the blue coat is Mr. Neale, who's the attorney that represents the licensing board. Mr. Zachary in the gray coat represents Collier County and the Commissioners. Versus Daniel Scott d/b/a Colonial Carpentry, Incorporated. The way this thing handles is -- and get this name right, Ganguli? MR. GANGULI: Very good. CHAIRMAN DICKSON: Got it, okay. The county will open up, Mr. Ganguli will make an opening statement, and then you'll make yours. Then he'll present his evidence. You can cross-examine witnesses he has. Then the floor will be yours. Page 49 16 I l-k~ December 17,2008 After that's over, we'll close -- you make closing statements. Then we'll close public hearing and you'll hear us decide. So with that, would you stand up here and state your name, Mr. Scott? MR. SCOTT: Daniel Scott. CHAIRMAN DICKSON: Okay. And Ian Jackson is also going to testify. I'm going to have both of you sworn in right now, and then I'll get the homeowner when they come up. (Speakers were duly sworn.) CHAIRMAN DICKSON: Do you have any questions, Mr. Scott, before we start? MR. SCOTT: No. CHAIRMAN DICKSON: Okay, go ahead and have a seat and I'll turn it over, opening statement, to Mr. Ganguli for the county. MR. GANGULI: Mr. Dickson, Case 2008-15, County Commissioners versus Daniel L. Scott, doing business as Colonial Carpentry, Incorporated. Sir, I have a summary that may be a little longer than usual, but I feel all the facts in it are pertinent. On October 21 st, 2008, I, Rob Ganguli, Collier County License Compliance Officer received a preliminary complaint form submitted by a Kent G. Smith, who stated that he had been working for Colonial Carpentry, Incorporated at the residence of Rabbi Fishel Zaklos at 1195 Creech Road, on or about the first week of July, 2008. Mr. Smith stated he had sustained an injury on the job site. And when he had informed the qualifier, Daniel L. Scott of Colonial Carpentry, Incorporated of this, he was informed that he was not covered by Workers Compensation insurance. Mr. Smith presented a copy of a Colonial Carpentry, Incorporated company paycheck dated for the time frame which he stated was in substitute for his usual means of compensation through Page 50 161 1 k(p December 17,2008 an (sic) Employee Leasing Solutions which provided his insurance coverage. After contacting Employee Leasing Solutions, I verified that Mr. Smith's last paycheck and period of Workers' Compensation coverage was on May 16th, 2008. Mr. Smith further state that the scope of the work performed consisted of the installation of windows and a French door on the addition to the rear of the single-family home. When interviewed for the issuance of this notice of hearing on October 24th, 2008, Mr. Scott denied that Colonial Carpentry, Incorporated had ever worked at this job site. Mr. Scott also stated that the slowdown in construction had resulted in Colonial Carpentry, Incorporated having not worked in several months. However, when questioned by Investigator Ian Jackson about an existing job site employing Colonial Carpentry, Incorporated on Marco Island, Mr. Scott then recanted his statement. A notarized statement was also later obtained from the property owner of 1195 Creech Road, stating the presence of Colonial Carpentry, Incorporated performing this type of work as described by Mr. Smith at his home and during this time frame. The notarized statement submitted by the complainant, Kent G. Smith, regarding the form of payment from Colonial Carpentry, Incorporated construes a violation of State Statute 440.10, and 440.107, which regulates securing the payment of Workers' Compensation, and therefore is also a violation of Collier County Ordinance 2006-46, Section 4.1.6. CHAIRMAN DICKSON: Okay, Mr. Scott, if you would, please, tell us where -- come up to the podium. Opening statement. Tell us where you're going to go. MR. ZACHARY: Mr. Dickson, could we get the packet moved into evidence? Page 51 ,16~ lk~ December 17,2008 CHAIRMAN DICKSON: Oh, thank you very much. MR. JOSLIN: I'll make a motion that we move Case No. 2008-115, License No. 11229, Daniel L. Scott, d/b/a Colonial Carpentry, Inc. packet for his administrative complaint into evidence. CHAIRMAN DICKSON: I second that. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Thank you, gentleman. Mr. Scott, tell us where you're going to go with your defense. Opening statement. MR. SCOTT: Colonial Carpentry, Inc. never did work at the job site. Colonial Carpentry, Inc. doesn't work for homeowners, only works for general contractors. Workers Compo insurance: I have a copy here that Kent Smith was still on the payroll for Colonial Carpentry up until August 4th. So if Colonial Carpentry did do the job at any time frame until August 4th, he was still actively on the payroll. I'm really fuzzy about the job on Marco Island. That job was not started -- Colonial Carpentry did not work on that Henning job until the second week of September. That's when we started that. I don't understand that statement in the thing here. And what statement I recanted, I don't know what he's talking about. The job that was done at Creech Road was for Rabbi Fishel through a friend of a friend to take care of a water intrusion problem. He had -- we removed the siding and -- I went over there and removed the siding. Colonial Carpentry never had anything to do with Page 52 16 t 1 A~ December 17, 2008 the job. I mean, there's no contract, there's no compensation, nothing. Colonial Carpentry had nothing to do with it. It was a friend of a friend. Went over and removed the siding and was going to flash it properly and put the siding back on. There's no compensation. I've never been -- it was just helping the guy out. I mean, I -- Colonial Carpentry, I mean, I've been in business for 14 years, and I've never worked for a homeowner. I only work for general contractors. I've always had Workman's Compo insurance since the day I've been open. Liability insurance, vehicle insurance, I've had it all. So I mean, I don't know what else to -- CHAIRMAN DICKSON: Okay, that's good for an opening statement. All right, County, present your case. MR. OSSORlO: County calls Mr. Smith. CHAIRMAN DICKSON: Mr. Smith, if you'd go to that podium over there, I'll have you state your name please and then I'll have you sworn m. MR. SMITH: Kent Smith. (Speaker was duly sworn.) CHAIRMAN DICKSON: Go ahead. MR. GANGULI: Good afternoon, Kent. Just a few simple questions for you. On or about the first week of July, 2008, did you work as an employee of Colonial Carpentry, Incorporated at the address 1195 Creech Road? MR. SMITH: Yes, sir, I did. MR. GANGULI: Did the work consist of window and French door installation? MR. SMITH: Yeah, we removed siding, we removed exterior door, we removed some windows. We reframed a wall. We took a set of French doors that was in the existing home and moved them to where we reframed them on this addition. We re tar-papered it. We Page 53 16\ 1 kfp December 17,2008 insulated it. There was electrical moved to compensate everything that had been done. We then hung drywall. And the next day that I had went back I was informed the job was shut down because there was no permits pulled on the job. So we cleaned up the job. At this time I was told by Dan Scott, the owner, to carry a door that we had removed from the home to his truck; he was going to take it to his home. In the process of doing this, I injured my neck and my back severely, and now I am -- the burden is on my family and myself to pay all these bills, and I have not been able to work since, due to doctor's orders. MR. GANGULI: Mr. Smith, for this particular job that you did for Colonial Carpentry, were you paid in an unusual manner as opposed to the ways that had been compensated before? MR. SMITH: Yes. Generally I was paid through Staff Leasing -- or Leasing Solutions. At this time when I was going to be paid, I was asked to go to Mr. Scott's house. He then wrote me a check out of Colonial Carpentry checking account, and that's how I was paid. When I informed him about my injury, that's when I was informed I was not covered by any Workmen's Compensation. MR. OSSORIO: Mr. Smith, if you look at your packet E-4, does that depict the method of payment you received? MR. SMITH: I don't have it, but I did review it earlier. Yes, that is the check that would have been for 18 hours of work. I was paid $25 an hour. MR. OSSORIO: How long have you worked for Colonial Carpentry, Incorporated? MR. SMITH: Eleven and a half years. MR. OSSORIO: And all that time you got paid by the leasing company? Page 54 16 I lkw December 17,2008 MR. SMITH: Yeah. The first six to eight months I was piecework. After that, from probably 1998 on was always through a leasing company. MR. GANGULI: Gentlemen, Mr. Scott had stated that his employee, Leasing Solutions company that he hired provided Workers' Compo coverage up to some point in August. And when I contacted -- the lady's name was Shannon Ingram, of Employee Leasing Solutions, I asked her the policies involved and how coverage is implemented for people who are on the Leasing Solutions program. And if they don't receive a check, they are not covered. Their names may still be on the list, but if a check is not issued to them, their coverage ceases at that point. MR. OSSORIO: Mr. Ganguli, do you have any more questions for your witness? MR. GANGULI: I have no more for this witness, no, sir. CHAIRMAN DICKSON: Mr. Scott, do you have questions of the witness? MR. SCOTT: What's that? CHAIRMAN DICKSON: Do you have questions of the witness? MR. SCOTT: Oh, absolutely. CHAIRMAN DICKSON: Why don't you come over here to this podium. MR. SCOTT: This has gotten out of hand. CHAIRMAN DICKSON: It was a yes or no question. MR. SCOTT: First question is, on or about July 10th did you go to Ohio? MR. SMITH: Yes, I did. MR. SCOTT: Did you call me from Ohio about a week after that and say that you coughed in the front yard and you went to your knees, you can't move, and your brother and your dad had to help you up? MR. SMITH: I informed you before I went to Ohio, I was going Page 55 161 1 Alp December 17,2008 to Ohio to take my daughter to visit relatives because -- MR. SCOTT: No, you were going to Ohio -- CHAIRMAN DICKSON: Whoa, whoa, whoa, whoa. We don't run it this way here. You let him finish the answer. We don't do two people talking, and we don't get argumentative. MR. SMITH: So I informed you again when I went to Ohio that my condition had worsened. I also asked you again, I need to go seek medical help. I have a severe lllJUry. And what I explained to you yes, did happen. I explained to you I had to go to the hospital, what was I supposed to do? Was there Workmen's Compo You again told me no, you were not covered by Workmen's Comp., do what you have to do. MR. SCOTT: No. Did you or did you not come over to the house? Because I've got two witnesses. I wish I had brought them in. The mechanic that worked on your truck before you went to Ohio and the shocks were replaced on your truck before you went to Ohio the day before? MR. SMITH: Yes, that I paid in cash. MR. SCOTT: And you helped do that and you were fine? MR. SMITH: I didn't help do anything. You put the shocks on my truck, you took the tires off of it. I stood there. You asked -- you said I could come out there because you had a lift. You have never once called me after I informed you of my injury. You continued to work. And you had spoke to other people informing them that they inform me you were going to make a decision for me when I got back whether I had a job with you or not, which I never was called back to work. MR. SCOTT: Should I bring in Dr. Berktold (phonetic) and show all these people how long he's been -- he's worked on your neck as a chiropractor and -- Page 56 161 1 /WJ December 17,2008 MR. SMITH: Well, this has nothing -- MR. SCOTT: -- how long you've been going to the doctor -- CHAIRMAN DICKSON: One at a time. MR. SCOTT: -- for years. MR. SMITH: This has nothing to do with this. Back in 2002 I had a door fall on my head. Took my wife forever to get any kind of information for Workmen's Compo She finally got it from the man. 2006 I was injured, ruptured disc in my neck. Nothing near as severe as it is now. I informed Mr. Scott again I need to get help, there's a definite problem here. I had to seek this on my own. I've been paying for a doctor ever since 2006. So then when I pick up this door again in 2008, now my injuries are so severe I cannot work anymore. I had to file for Social Security disability. MR. OSSORIO: Mr. Chairman? I'm going to interrupt you. But this really has no bearing on the case in hand. MR. SCOTT: No, but he's -- CHAIRMAN DICKSON: I disagree. It does. Because we're hearing some dates here that have a bearing on this. MR. SMITH: Right. MR. SCOTT: Well, Rob -- CHAIRMAN DICKSON: Wait, wait, just -- MR. SMITH: I have never got to get my Workmen's Compo for anything -- injuries I've had except for the one in 2002. I have all the x-rays. I've had to get MRI's. My doctor sent me for new ones in July, because she had to see what was going on with my body to know where I stood. I have eight ruptured discs. Every disc in my neck is ruptured and three in my lower back. All these injuries stem from working for Page 57 161 1 k(P December 17, 2008 Mr. Scott. MR. JOSLIN: What you're telling us is that this injury that you occurred (sic) happened while you were working at Cabinetry (sic) in 2002? MR. SMITH: That was -- that healed up and everything. This injury I have now stems from this 2008 lifting and carrying this door from the home that we're talking about on Creech Road. CHAIRMAN DICKSON: What happened in 2006? MR. SMITH: I was carrying doors, it was for a job in Bonita on Bonita Beach for D. Garrett Construction, working for Colonial Carpentry . The doors were extremely heavy. I was sent to the job by myself to do this work. CHAIRMAN DICKSON: Okay. And we've got a good feel for it now, and we don't need to go through that anymore, because the issue still remains whether or not there was Workers' Compo coverage at the time of this alleged incident in July of 2007. That's the issue, okay? Not car issues, not changing out stuff, none of that. Was there coverage in place, that's the issue. Okay, you got it defined? It doesn't matter all the other stuff. Did you have Workers' Compo coverage. MR. SCOTT: Colonial Carpentry had Workers' Compo coverage but -- CHAIRMAN DICKSON: Okay, that's what we're here -- MR. SCOTT: -- Colonial Carpentry didn't do the job. CHAIRMAN DICKSON: -- to discuss. MR. SCOTT: Colonial Carpentry didn't do the job. Whenever Colonial Carpentry did a job, license, insurance, everything. CHAIRMAN DICKSON: And we'll decide that. Okay, very good. Any other questions of Mr. Smith? MR. SCOTT: No. I mean, I'm not going -- I'm not -- Page 58 JcPmler I/: 200fW CHAIRMAN DICKSON: Okay. Do you have any redirect, Mr. Ganguli? MR. GANGULI: (Shakes head negatively.) CHAIRMAN DICKSON: Mr. Smith (sic), if you would, please sit down. And Mr. Smith, if you would sit down and the county continue with your case. MR. GANGULI: Gentlemen, obviously we have two different stories regarding what the company payroll check was for. And I just would like to call Investigator Ian Jackson to try to establish what may be inconsistent here. CHAIRMAN DICKSON: Okay. MR. JACKSON: I'll answer from here. CHAIRMAN DICKSON: Okay, that's fine. MR. GANGULI: Were you sworn? CHAIRMAN DICKSON: Yeah, he's already sworn. MR. GANGULI: Good afternoon, sir. On October 24th, 2008, Daniel L. Scott was interviewed and served this notice of hearing at the Contractors Licensing Office. Were you present at this interview, sir? MR. JACKSON: Yes. MR. GANGULI: When asked about work performed by Colonial Carpentry, Incorporated at the address of 1195 Creech Road, do you recall what Mr. Scott's response was? MR. JACKSON: Not quoting, his response was that there was no work performed there. And that's of course not a direct quote, but that was the gist of the conversation. MR. GANGULI: Mr. Jackson, do you recall Mr. Scott stating that Colonial Carpentry, Incorporated was not presently working at any job sites and had not been working for, quote, several months? MR. JACKSON: I do recall that. MR. GANGULI: Mr. Jackson, do you have any information Page 59 161 1 k~ December 17, 2008 indicating that this statement was not entirely accurate at the time it was made? MR. JACKSON: At that time I had been onjob sites on Marco Island the previous week, roughly the week of October 14th, where they were working as a subcontractor for Henning on a condo. MR. OSSORIO: What was your purpose looking for this Colonial Carpentry Contracting? MR. JACKSON: Our office received a complaint regarding employees being on this job site and not being on the employee list from the leasing company. I went to the job site twice, interviewed all companies there. Daniel-- Colonial Carpentry was not there on either of those two visits. But there was confirmation from the super that they were the sub on that job. MR. GANGULI: And one last question for you, Mr. Jackson. Would you please inform the Board ofMr. Scott's reaction after being confronted with this information that you knew. MR. JACKSON: After Mr. Scott said that he hadn't been working in some time and I brought up the job on Panama Court, he then said, well -- it was recanted or yes, I do have that job. And of course once again it's not a quote, but that was the general conversation. MR. JOSLIN: Meaning the job on Creech Road? MR. JACKSON: Meaning the job on Marco Island. MR. JOSLIN: On Marco Island. MR. JACKSON: Right. MR. GANGULI: I have no more questions for Mr. Jackson. I'd like the Board to be aware of what I feel may be contradictory. We have two sworn statements, one coming from the homeowner placing Colonial Carpentry, Incorporated at that job site at 1195 Creech Road at the time of the alleged violation. MR. OSSORIO: Mr. Ganguli, for the record, can you turn to Page 60 D!~~er 17~ 200r0 Page E-8 and can you read the homeowner's statement for the record? And this is your handwriting? MR. GANGULI: Yes, sir. MR. OSSORIO: And Mr. -- the homeowner of Creech Road was at our office? MR. GANGULI: Yes, sir. MR. OSSORIO: Okay, go ahead, if you wouldn't mind, just read into the record his statement. MR. GANGULI: Regarding work performed by Daniel L. Scott, qualifier of Colonial Carpentry, Incorporated, Collier County Certificate 11229. I Fishel Zaklos do hereby affirm that on or about the first week of July, 2008, Colonial Carpentry, Incorporated, qualified by Daniel L. Scott, performed work at my residence at 1195 Creech Road. This work consisting of installation of windows and a French door was performed on an unpermitted addition to the rear of the single-family home, resulting in Code Case No. CESD2008-000-9970, and it was initiated to correct the leak intrusion. And it's signed by him and dated November 10th, 2008. MR. JOSLIN: Mr. Ganguli, just one quick question. In the packet here, it seems unusual to me that if this work and this affidavit was signed saying that Colonial Carpentry was on this job at that time that there would not be a contract of some sort for this type of work being done. Was there a contract initiated? MR. GANGULI: The Rabbi told me it was done verbally, sir. It wasn't a written contract. MR. JOSLIN: Okay, thanks. CHAIRMAN DICKSON: Was there any money? Any check? MR. GANGULI: From the Rabbi to Colonial Carpentry? CHAIRMAN DICKSON: Yes. MR. GANGULI: I cannot verify that, sir. CHAIRMAN DICKSON: Okay. Page 61 16\ }, Atp December 17,2008 Mr. Scott, again, do you have questions of Ian Jackson at this point? MR. SCOTT: No. CHAIRMAN DICKSON: Continue on. MR. GANGULI: The county rests. CHAIRMAN DICKSON: I thought you were going to -- is the complainant here? MR. GANGULI: We've heard from him, Mr. Dickson. CHAIRMAN DICKSON: Oh, okay. I was thinking maybe -- I got confused, thinking it was the homeowner on Creech. Okay. Mr. Scott, at this point the floor is yours. If you would come up to this podium, present your case, sir, and call any witnesses you choose. MR. SCOTT: Let's see. No, I don't -- I'm not going to go -- I'm not going to stand up here and argue about it. I don't know what else to say. I mean, we just -- Colonial Carpentry did not work there. You know, it's just -- I have no witness. MR. JOSLIN: Is there any vehicles in your company? MR. SCOTT: What's that? MR. JOSLIN: Is there any vehicles in your company? MR. SCOTT: Yes, a van and a truck. MR. JOSLIN: Does Mr. Smith drive one of your vehicles? MR. SCOTT: Yes, he did. MR. JOSLIN: Was it possible that that vehicle was at that job site to do that work? MR. SCOTT: Is it possible? Yeah, it's possible, yeah. That's what he was driving. I mean, he was driving -- drove it wherever. I mean, he had free roam to drive it wherever he wanted. MR. JERULLE: Are you the license holder-- MR. SCOTT: Yes. MR. JERULLE: -- of Colonial Carpentry? MR. SCOTT: Yes.n Page 62 161 1 MP December 17, 2008 MR. JERULLE: Are you the owner of Colonial Carpentry? MR. SCOTT: Yes. CHAIRMAN DICKSON: Did you receive any money for that work on Creech Road? MR. SCOTT: No, I did not. Received no compensation. I did it for a friend of a general contractor. That's his Rabbi. I did it for him as -- I mean, I've worked for that company for almost 14 years. And I just -- you know, I'm just a friend. MR. JOSLIN: So there really was no written contract for you to go and do this job, but as a friend of a friend through a general contractor that you work for, do work for, he asked you can you go over and take care ofMr. Rabbi's (sic) house, and in turn Mr. Smith ended up on the job? MR. SCOTT: Yeah, he knew. He came willingly. I mean, we did it for the Rabbi. MR. JERULLE: So just so I understand it, a contractor that you worked for -- do you mind telling who -- MR. SCOTT: What's that? MR. JERULLE: Who was the contractor that you typically work for? MR. SCOTT: Core Construction. MR. JERULLE: They asked you to go to the Rabbi's house? MR. SCOTT: No, they did not. The person that works for them. An employee of theirs. MR. JERULLE: An employee of Core Construction asked Colonial Carpentry -- MR. SCOTT: Yes. MR. JERULLE: -- to go to the Rabbi's house to -- MR. SCOTT: Yeah, he's a friend of mine. He works for the company. And he asked if! would go over there and see where the water intrusion was coming in, and I went over there and the siding wasn't -- Page 63 161 1 A~ December 17,2008 MR. JERULLE: And so you took your people over there and he drove the van to the house. MR. SCOTT: I just went over there myself first. And we weren't working and he said he was going to Ohio to put siding on his mother-in-Iaw's house and work on his parents house, so he needed some extra cash for gas to get up there and stuff, so I had him help two days. MR. JERULLE: And you paid him. And you've paid him then? MR. SCOTT: I gave him money to go up north, yeah. Fix his truck, put freeze plug in his truck, put shocks on his truck. I mean -- MR. JOSLIN: So was this out of compensation? MR. SCOTT: We didn't have any -- Colonial Carpentry didn't have any work so he was going up north to work on his mother-in-Iaw's house, put siding on it. MR. JOSLIN: So was that check that we have in our packet, was that a check that you gave him for compensation to go and do the work for the friend of a friend of your Rabbi's, or was it a check to give him to go up north with? MR. SCOTT: It was a check for cash to -- because he was driving north. To go to put siding on his mother-in-Iaw's house and his parents' house. Like I said, that's when he called me about a week, week and a half later and said that he -- his brother and his dad had to help him in the house. So I have no idea what went on in Ohio. MR. L YKOS: Mr. Scott, where did you come up with a dollar amount of $450? Why not 1,000, why not 250? Where's the 450 number come from? MR. SCOTT: He hadn't worked in -- I think the last time he worked was in May. I mean, I was living on my --living on life insurance money. I just helped him out. MR. L YKOS: So again, where did that $450 number come from? Page 64 161 1 A~ December 17,2008 MR. SCOTT: No idea. Just 450 bucks. Probably what I could spare. MR. L YKOS: You just wrote a check for $450, and no reasonable explanation for the dollar amount. Had he come the next day, it could have been 800. MR. SCOTT: It could have been. Could have been 200. Could have been 1,000. I don't know. I mean, just whatever I had. MR. L YKOS: Do you think it's reasonable that an employee of a company, when told to show up and work somewhere, would be under the impression that they're working for that company? MR. SCOTT: Yeah, if the company was working there. The company wasn't working there. MR. L YKOS: Well, if you were there working and your employees were there working, how do you say the company wasn't working? MR. SCOTT: I was working there as a friend of a friend. And I knew -- MR. L YKOS: If you're the owner of the company and you're there working and your employees show up and do work there, how do you say the company was not there working? Do you know if you're driving the company vehicle and you get into a car accident, your company and you are liable? You're not working, but you represent the business. So if the -- MR. SCOTT: That's my work truck. MR. L YKOS: -- if the owner of the company and the employees of a company are working at somebody's home, how is that not the company is working? And then you compensate somebody, how is that not paid for work? MR. SCOTT: The company wasn't working. It wasn't a contract job for the company. MR. L YKOS: Who is the company? MR. SCOTT: Who is the company? Page 65 161 1 AtP December 17, 2008 MR. L YKOS: Who is the company? You said the company wasn't working. Well, who is the company? Is it some entity that shows up? MR. SCOTT: It's me. MR. L YKOS: Well, you are the company and your employees are the company. So if you and your employees show up somewhere to work, then that is the company working. You can't decide that we're going to work today and our liability insurance is in effect and our Workers' Compo is in effect and tomorrow we're going to work, it's all the same people and all the same tools but today well, this isn't the company working, this is just a bunch of people all getting together to have fun. MR. SCOTT: So you're saying if I go over to my neighbors and I drive my van in their driveway -- I'm just trying to clarify this -- if I go over to my neighbors or my brother's house, pull my van in the driveway, get a saw out of the truck and work on his front door, that Colonial Carpentry is doing the job, not me? MR. L YKOS: That's correct. MR. JOSLIN: That's correct. MR. SCOTT: So what do I have to do? I mean, it's the only truck I've got. It's the only truck that I have the tools in. CHAIRMAN DICKSON: And that's especially true if you have an employee with you. MR. JOSLIN: Yes. MR. SCOTT: I mean -- CHAIRMAN DICKSON: So it's really quite simple. MR. JOSLIN: He's under your supervision. You've given him the means to get there. You've given him the tools to go and work. Whether he touches anything or not, he's on the job. CHAIRMAN DICKSON: See, what happens here today is in no way going to help Mr. Smith. He doesn't benefit from the actions today. This is an action just on your license, or you as a license holder. Page 66 16\ 1 ~ December 17, 2008 So there's no gain here for him. It's just as a matter of you say one thing, he says something else and the county says something else, and we have documentation to prove what's been said. And then you recant. How do you address that I've got county employees -- they don't have anything in for you -- that say you recant statements? MR. SCOTT: So all these years that I've been going over to friends houses -- CHAIRMAN DICKSON: I need you on the mic. MR. SCOTT: All these years I've been going over to friends houses and driving my truck, that's the company's over there? CHAIRMAN DICKSON: Well, you're avoiding my question. If you take employees and go somewhere in your truck and work, yes, you are working. That is the company. But what about recanting statements? Did you recant statements? Did you say times are tough and you let the Workers' Compo lapse? MR. SCOTT: My Workers' Compo never lapsed. I got it through -- my Workers' Compo was always there. It goes from the -- CHAIRMAN DICKSON: You can't prove that, though. MR. SCOTT: Huh? CHAIRMAN DICKSON: You can't prove that. MR. SCOTT: Yeah. MR. L YKOS: Mr. Scott, with an employee leasing company, if you don't run -- MR. SCOTT: I know, but-- MR. L YKOS: -- employees time cards through the -- MR. SCOTT: Exactly. MR. L YKOS: -- employee leasing company, there is no Workers' Compo So for you to say you had a policy, then why doesn't Mr. Smith have access to Workers' Compo for his medical bills? The fact is, with an employee leasing company, if you do not Page 67 16 1 1 AA December 17, 2008 submit that employee's time cards into the leasing company -- MR. SCOTT: Exactly. MR. L YKOS: -- there will be no Workers' Compo coverage. MR. SCOTT: Right. There was no-- MR. L YKOS: So for you to ask your employee to show up at somebody's house and do work, you're putting the homeowner and the employee at risk. MR. SCOTT: I did not demand he go there. I did not -- CHAIRMAN DICKSON: Oh, come on. MR. SCOTT: You know, I just asked ifhe wanted to help. We were going over to the Rabbi's to help. He went willingly. I mean, I understand the Workmen's Comp., ifthere's no payroll run, I understand that. Because I turn in people all the time when I hire them. I understand that. They can't step foot on the job until you turn them in. MR. JERULLE: You did this work at the Rabbi's house. Did you pull a permit? MR. SCOTT: No, I had no idea it wasn't permitted. It wasn't -- all we were -- MR. JERULLE: You had no idea-- MR. SCOTT: -- going over there was to look at a water intrusion problem. MR. JERULLE: -- yet you're a contractor with a license and you started the work -- MR. SCOTT: I can't pull permits with my license. The homeowner takes care of that. If there was a permit to be pulled, he pulled the homeowner permit. MR. L YKOS: You removed the windows and doors and may have done electrical work and framing and installation, and you didn't know that you needed a permit? MR. SCOTT: I did no electrical work. None. MR. L YKOS: I said may. But we know that you did siding and Page 68 16 i 1 Mp December 17, 2008 did work on windows and doors and you didn't know that you needed a permit, and you didn't ask the homeowner to go get one first. MR. SCOTT: No, I've done a couple sidings and called here and they said it was cosmetic, that I didn't need a permit for it. I called the office and asked. MR. L YKOS: And you've done work on windows and doors and didn't think a permit was required. MR. SCOTT: The door, we just hung the door. That's all we did. We just-- MR. L YKOS: Was it an exterior door? MR. SCOTT: Huh? MR. L YKOS: Is it an exterior door? MR. SCOTT: Yes, it was a double -- MR. L YKOS: Does it meet-- MR. SCOTT: -- French door. MR. L YKOS: -- the wind load and impact requirements for Collier County? MR. SCOTT: I don't know if the door was or not. I couldn't-- CHAIRMAN DICKSON: Okay, do you have anything else to present in your defense? MR. SCOTT: What's that? CHAIRMAN DICKSON: Do you have anything else to present? MR. SCOTT: No. I just -- like I said, we just -- we were asked to go over and help and I went over and helped the guy. I just -- good friend of mine and I just -- CHAIRMAN DICKSON: Anybody else have any questions? (No response.) CHAIRMAN DICKSON: Okay, closing statements. County? Stay where you are, Mr. Scott. MR. GANGULI: Mr. Dickson, it's for all of you to decide what exactly the company check from Colonial Carpentry, Inc. made payment -- made out to Kent Smith was for. Page 69 16 11 1 k~ December 17, 2008 I'd like to turn your attention to Exhibit E-1 0, section two, regarding securing the payment of Workers' Compensation. Specifically where it's stated if at any time an employer materially understates or conceals payroll, materially misrepresents or conceals employee duties so as to avoid proper classification for premium calculations, or materially misrepresents or conceals information pertinent to the computation and application of an experienced rating modification factor, such employer shall be deemed to have failed to secure payment of Workers' Compensation and shall be subject to the sanctions set forth in this section. This in turn is a violation of what I am charging Daniel Scott with, Collier County Ordinance, Section 4.1.6, for disregarding or violating in the performance of his contracting business in Collier County any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this county. MR. OSSORIO: Just to finish up, you heard testimony from Mr. Ganguli, you heard testimony from the complainant that was on the job site, you heard testimony from Mr. Scott. His opening statement, I believe he said he was never on the job site and now he was on the job site, and then he wasn't, and then he was doing it for a friend. But we have a sworn affidavit from the homeowner from Creech Road stating the fact that he was present. And the implication is Mr. Smith was assuming -- the complainant was assuming that he was an employee of the company working on that job site. He had no knowledge of the fact that Mr. Scott was a friend ofa friend working on that job site. Mr. Smith, the complainant, only realized that he was a worker and he went to ajob site to perform work for the company at hand. And with that, we have no -- we close. CHAIRMAN DICKSON: Mr. Scott, closing statement? Page 70 16 ~ 1 Iv~ December 17, 2008 MR. SCOTT: What he just said about saying that I was never there and then I was there, when I said that I said Colonial Carpentry wasn't there until later in the proceedings you were saying that I was, my truck had to be -- okay, then if that's the way you look at it. I mean, even though Colonial Carpentry wasn't contracted to do the job and there was no contract, no notice to owner, no none of that stuff that I always send, you know, because -- then I can understand where he's saying that. CHAIRMAN DICKSON: Is that it? MR. SCOTT: (Nods head affirmatively.) CHAIRMAN DICKSON: All right, do I hear a motion to close public hearing? MR. L YKOS: So moved, Lykos. MR. JOSLIN: Second, Joslin. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Okay, everybody sit down. Now, what you're going to hear us do is get guidance from the attorneys, and then we're going to first settle on whether you're guilty of the charge before we go into any penalties. Mr. Neale? MR. NEALE: In a case like this, the Board shall ascertain in its deliberations that fundamental fairness and due process were afforded to the respondent. However, pursuant to Section 22-202.G.5 of Collier County ordinance, the formal Rules of Evidence as set out in Florida Statute shall not apply. The Board shall consider solely evidence presented at Page 71 16 I 1 AA December 17, 2008 the hearing in the consideration of this matter. The Board shall exclude from its deliberations irrelevant, immaterial and cumulative testimony. It shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. This is whether or not the evidence so admitted would be admissible in a court of law or equity. Hearsay may be used to explain or supplement any other evidence in a case like this, but by itself it's not sufficient to support a finding in this or any other case unless it would be admissible over objection in a civil court. The standard of proof in this type of case where the respondent may lose his privilege to practice his profession is that the evidence presented by the complainant must prove the complainant's case in a clear and convincing matter. This burden of proof on the complainant is a larger burden than the preponderance of evidence standards set for normal civil cases. The standard and evidence are to be weighed solely as to the charges set out in the complaint as Ordinance 90-105.4.1.6 of the Collier County Code of Ordinances, which is disregards or violates in the performance of his contracting business in Collier County any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this county. The -- in order to support a finding that the respondent is in violation of the ordinance, the Board must find facts that show violations were actually committed by the respondent. The facts must show to a clear and convincing standard the legal conclusion that the respondent was in violation of the relevant sections of Ordinance 90-105 as amended. As the charges that are listed in the complaint are the only ones the Board may decide upon, since they are the only ones which the respondent has had the opportunity to prepare a defense. Page 72 16 I 1 ~~ December 17, 2008 Any damages that the Board would find, should the respondent be found guilty, must be directly related to those charges. The damages may not be for matters not related. The decision made by this Board today shall be stated orally at this hearing, as effective upon being read by the Board. The respondent, if found in violation, has certain appeal rights to this Board, the courts and the State Construction Industry Licensing Bureau, as set out in the ordinance in Florida Statutes and Rules. If the Board is unable to issue a decision immediately following the hearing because of questions of law or other matters of such a nature that a decision may not be made at this hearing, the Board may withhold its decision until a subsequent meeting. The Board shall vote based upon the evidence presented on all areas, and if it finds the respondent in violation, adopt the administrative complaint. The Board shall also make findings of fact and conclusions of law in support of the charges set out in the administrative complaint, should the respondent be found in violation. CHAIRMAN DICKSON: Thank you, sir. All right, gentleman, as far as the one complaint and that one complaint only, that's all we're looking at. What's your feelings, discussion? And I'll entertain a motion. MR. L YKOS: I make a motion that we find the defendant guilty of the charges. MR. HORN: Second, Horn. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. Page 73 16111M December 17,2008 MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Okay, guilty of the charge. Now the penalty phase, Mr. Neale. MR. NEALE: As the respondent's been found in violation of the ordinance, the Board shall consider and order sanctions under the parameters set out in Collier County Ordinance 90-105, as amended. These sanctions are set out in the ordinance and the codified ordinance of22-203.B.l and in the revised ordinance in Section 4.3.5. The sanctions which this Board may impose are: Revocation of the respondent's Certificate of Competency; suspension of the Certificate of Competency; denial of issuance or renewal of the Certificate of Competency; probation of a reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Board; and/or participation in a duly accredited program of continuing education. Probation may be revoked for cause by the Board at a hearing noticed to consider said purpose. The Board may order restitution, a fine not to exceed $10,000 per incident, a public reprimand, a reexamination requirement, denial of the issuance of permits or requiring issuance of permits with conditions, and also reasonable, legal and investigative costs, as proven. In considering these sanctions and imposing these sanctions, the Board shall consider five elements: Number one, the gravity of the violation; number two, the impact of the violation; number three, any actions taken by the violator to correct it; number four, any previous violations committed by the violator; and number five, any other evidence presented at the hearing by the parties relevant as to the sanction that is appropriate for the case, given its nature. Page 74 16t 1 tw December 17,2008 The Board also shall issue a recommended penalty to the State Construction Industry Licensing Board. That penalty may include a recommendation for no further action, a recommendation of suspension, revocation or restriction of the registration, or a fine to levied by the state board. CHAIRMAN DICKSON: Before we go into that. County? I assume Mr. Ossorio. What are your recommendations and-- MR. OSSORIO: County's recommendation is a $5,000 fine, paid within 30 days; $500 investigation cost; one-year probation. Gentleman -- qualifier must reexamine the business procedure test within one year and must take a two-hour accredited course for Workers' Compo insurance. And no restitution. And no notifying the State of Florida, since he's the county license holder. CHAIRMAN DICKSON: Let me go through that again: $5,000 fine, $500 investigation, one-year probation. And what about the testing? MR. OSSORIO: Must take the -- must retake the business procedure test and take a two-hour accredited course for Workers' Compo insurance within six months. No restitution. CHAIRMAN DICKSON: And no recommendation to the state. MR. OSSORIO: And no recommendations to the state, that is correct. CHAIRMAN DICKSON: Okay, gentlemen. MR. JOSLIN: What is the fine, $5,000? MR. OSSORIO: Five thousand dollar fine, yes. MR. JOSLIN: And $500 was for the-- CHAIRMAN DICKSON: Investigation. MR. JOSLIN: -- investigative costs? MR. OSSORIO: That's correct. MR. JOSLIN: This is unfortunate. Gentleman, I think that this is probably one of the worst cases that we've had as far as Workmen's Compo goes, because there was an injury on the job. Page 75 16 i 1 ~~ December 17, 2008 I'm not totally convinced I guess that the man was hurt totally on the job that he did that particular day. Nevertheless, he was hurt. So I'd more or less be willing to go along with just about anything that Mike Ossorio has prompted us to recommend, the punishment. Does anyone feel that the person who got hurt here should be compensated for his injuries? CHAIRMAN DICKSON: That's a tough issue. And it gets into legalities, too, because we're talking a preexisting injury. It started in 2002, was aggravated in '06 and happened again in '08. MR. NEALE: Yeah, and there was no evidence presented as to dollar value of the compensation or anything like that, so the Board has nothing on the record, nothing in evidence to base any restitution on. CHAIRMAN DICKSON: Quite honestly -- Mr. Scott, I know you're listening; it's a closed hearing -- but the recommendation of the county was much easier than I thought it was going to be. I think the county has looked kind of lightly on you; one, to pay a fine and learn a lesson but to still keep you operating, still keep you in business. I expected a revocation recommendation. I think probably some of the other people did too. MR. JERULLE: I'm surprised also. CHAIRMAN DICKSON: I'm very surprised. MR. JERULLE: By his own admission it gives the impression that he's done this before. By his own testimony. And I just -- I'm not comfortable -- I'm thinking about the one-year probation, I don't know that I'm comfortable with that. MR. JOSLIN: I'm thinking more on the phases (sic), maybe two years. MR. L YKOS: Well, I would say too that I agree that this seems a little bit lenient, especially when you consider the fact that we've had some people in here that have made mistakes and they've owned up to those mistakes and not tried to make excuses. And it just seems that Page 76 16! 1 ~ December 17, 2008 Mr. Scott is making excuses and trying to sidestep his responsibilities and try to play word games with us and with the county employees. I have a lot more respect for somebody that says I made a mistake and I accept my punishment and I'm going to do the right thing. And that's not the situation that we have here. MR. HORN: My other question was notifying the state. Mr. Ossorio said -- in our recommendation, should we be considering making a recommendation to the state, gentlemen? CHAIRMAN DICKSON: Well, it's a county license, so the state wouldn't take any action. MR. HORN: Oh, okay. CHAIRMAN DICKSON: The only thing you can do, it's a registered license, so he just registers with the state. The Workers' Compo people may take issue to this. I would say that's probably not out of the realm of possibilities. MR. JACKSON: If! may? CHAIRMAN DICKSON: Yes. MR. JACKSON: I think Workers' Compo would have to physically observe the violation to take action. CHAIRMAN DICKSON: Okay. MR. JACKSON: Even with the finding of fact, they have to physically observe the violation. MR. JOSLIN: At the time that it happened, you mean? MR. JACKSON: At the time it happens. For example, if they show up to a job site and employees are having lunch and there's no coverage, they can't take action. CHAIRMAN DICKSON: Really? MR. JOSLIN: Right. CHAIRMAN DICKSON: Well, one of the biggest problems is misreporting payroll and misclassifying payroll. That's why carpenters ended up being a more expensive class than roofing, because all the GC's were taking their roofers and putting them in carpentry, and then Page 77 16 ~ 1 A~ December 17, 2008 all of a sudden carpentry shot above roofing. Even with an audit they can't? MR. JOSLIN: Got to be caught. MR. JACKSON: I was at a seminar in November, and that specific question was asked. If there is a finding of fact of our Board for a Workers' Compo violation, will you take action, and they said no. CHAIRMAN DICKSON: Wow. Okay. Well, how do you feel, guys? We need to resolve it. MR. JOSLIN: One other item I'm really not -- I guess I'm not in totally agreement with is I'm not sure that I believe either one of them totally. I think that there was probably some other underlying things that we don't know about that has prompted this to happen. Whether it be a friend of a friend or he did it for a friend, I'm not certain that the injury that he sustained possibly could have been something that he did on that job that particular day that brought him to this situation. Looks like there may be a conflict of personalities going on besides. So I guess with that said, I'm going to make a motion. I'll make a motion that we place -- we have found, I'm sorry, Daniel L. Scott of d/b/a Colonial Carpentry, Inc., guilty of Count 1,4.1.6. And his penalty be as -- he be placed on probation for a period of two years. He's to pay a $5,000 fine within 30 days of the hearing of this date. He's to pay $500 investigative fees. He's to take 14 hours of continuing education, six hours of which will be by Workmen's Compo policies. And to retake the business and procedures test. And no further action would be sent to the State Licensing Board. CHAIRMAN DICKSON: No restitution? MR. JOSLIN: Restitution for $500 -- no, I'm sorry. CHAIRMAN DICKSON: No restitution. That's investigative. MR. JOSLIN: And no restitution. I'm sorry, yes. MR. HORN: Question. Time frame on the education? MR. JOSLIN: The 14 hours, 14 hours of it, I'd like to see done Page 78 16 I 1 A~ December 17,2008 within 60 days. MR. JERULLE: What is probation? MR. JOSLIN: Well-- CHAIRMAN DICKSON: Mr. Ossorio, do you want to answer that? MR. OSSORIO: Typically probation is a -- is something we use in our office when a homeowner or a perspective buyer calls. Ifhe's on probation, we tell them they're on probation. And probation also means that this gentleman should be contacting us on a monthly or a weekly basis, let him (sic) know what job he's on, what he's doing and where he's going to be so then we have an opportunity as a tool to go out to the job sites, like Ian was just telling you earlier, to check payroll, to make sure everyone's on payroll. That's what probation means to me. And if there's ever another infraction, he automatically goes in front of the licensing board for violation of his probation. CHAIRMAN DICKSON: Only word I didn't like in your explanation was should be contacting you. Is that mandatory or is it not? MR. NEALE: It is if the Board so orders. It is essentially voluntary unless the Board orders it. In the past this Board has ordered people found in violation to report on a regular basis. They've given specific time frames. CHAIRMAN DICKSON: Okay. MR. JOSLIN: With that, I think I -- under that circumstance, I think I'd like to amend the motion just to say that during this probation period that Mr. Scott will be required to report all jobs to Collier County Contractor Licensing on a per job basis. And ifthere's any violation at all that takes place during that time period of the two-year probation, then his license would be immediately revoked. In other words, ifhe's caught doing something without Workmen's Compo or something that would oversee-- Page 79 Dec!m~e} 17, 10r(P MR. JERULLE: Building permits. MR. JOSLIN: Building department. There's no permits. He doesn't require permits, so we can't say that. CHAIRMAN DICKSON: Okay. MR. JERULLE: He doesn't require -- CHAIRMAN DICKSON: You understand the motion? MR. OSSORIO: One more thing, just to clarify. The $500 restitution, you mean the $500 for investigation costs within 30 days as well? MR. JOSLIN: Yes. MR. OSSORIO: Okay. MR. JOSLIN: As well as the $5,000 fine. MR. JACKSON: I have a question as well, please. Sixty days for the 14 hours of continuing education. And would that also include the business and law -- MR. JOSLIN: Yes. MR. JACKSON: -- in that 60 days? MR. JOSLIN: Yes. MR. JACKSON: Okay. Thank you. CHAIRMAN DICKSON: Just so I don't give the man something he can't do, Ex -- not Experior, but Gainesville can do this for him; is that correct? MR. OSSORIO: Gainesville, he can sign up today or tomorrow and take it the next day, not a problem. CHAIRMAN DICKSON: Okay. MR. L YKOS: How long to pay the fine? MR. JOSLIN: Thirty days. CHAIRMAN DICKSON: Thirty days was the motion. MR. L YKOS: I'll tell you, I don't feel real strong either way, so I guess that means I'm good with it. I don't feel it's too harsh, I don't feel it's too lenient so I guess I'm comfortable with it, because I don't feel real strong either direction. Page 80 16 1 lA~ December 17, 2008 MR. JOSLIN: I want to see it happen in a sooner time; 15 days, I was thinking. However, we do have the Christmas holidays. So let's call it a Christmas IS-day period. So by the middle of January it should be paid. CHAIRMAN DICKSON: Okay, I've got a motion. Does everyone understand it? I do not have a second. MR. HORN: Second, Horn. CHAIRMAN DICKSON: Okay, now we're in the slot. Okay, discussion? (No response.) CHAIRMAN DICKSON: Mr. Neale, you okay with the motion? MR. NEALE: I'm fine with it. CHAIRMAN DICKSON: All right, sir. No more discussion, I'll call for a vote -- MR. JOSLIN: Anything else that we missed or that we don't feel comfortable with, now's the time. MR. L YKOS: I'll ask a question just for clarification. Maybe it doesn't have anything to do with this specifically. But a comment was made by Mr. Scott that he doesn't pull permits. Maybe Mr. Scott needs to understand what the limitations of his license are and what he's allowed to do. CHAIRMAN DICKSON: That's why he got the 14 hours in the business test. MR. L YKOS: Okay, we're going to take care of that, okay. CHAIRMAN DICKSON: Yeah, we're going to get some more education in there. MR. LYKOS: Okay, good. CHAIRMAN DICKSON: Anything else? (No response.) CHAIRMAN DICKSON: Call for the vote then. All those in favor? MR. JOSLIN: Aye. Page 81 Decelrr~r~7,2Jb8~~ MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: It's unanimous. Mr. Scott -- no, I'll do that -- yeah. What we've done -- come up here to the podium. And I really do think this could have been handled a whole lot better. But $5,000 fine -- you'll get an order, this will all be in writing to you. Five thousand dollar fine paid in 30 days; $500 investigation cost; two-year probation. On a job basis you'll let the county know where you're working, and that's easy to do. There's three wonderful ladies in there working, and everyone answers the phone, they're good people. You're going to take 14 hours of education. Best place to go is called Gainesville Testing, they'll tell you where to go. County will work with you on this. It's a good outfit. They're also -- you're going to take a business and law test, which you've done before, but you're going to do it one more time. Two hours of Workers' Compo course. Was that in the motion? MR. JOSLIN: Six hours. CHAIRMAN DICKSON: Six hours of Workers' Compo So you're going to know Workers' Compo well enough to sell it. Go to work for AFLAC, maybe, I don't know, it's probably better than construction right now. And no restitution and no state recommendation. I really am -- I really thought it would be harder. You're still in business, and I would count my blessings for that. It could have gone Page 82 16 I lA-~ December 17,2008 the other way real quick. So do you have any questions of the Board? MR. SCOTT: No, I learned some things that I didn't know, so -- CHAIRMAN DICKSON: Okay. I'm glad you're still in business. MR. SCOTT: I will never drive a company truck to -- CHAIRMAN DICKSON: Just be straight. MR. SCOTT: Yeah, I had no idea. I didn't know that. MR. JOSLIN: You go to that business and law test, you better ask some more questions, because there are a lot of things that you may not know about driving a company vehicle or wearing a company T-shirt. There's a lot of things that fall into play when you start doing that type of thing. MR. SCOTT: That's -- well, I got to thinking about that sitting down over there. If I give my company truck to somebody else and they go work at somebody's house, I'm liable for it. MR. JOSLIN: Exactly. MR. L YKOS: Correct. Also, just so you don't -- I still think you're missing a little bit. If you're at a friend's house working and you think you're not on the clock and you damage their house, real quick they're not your friend anymore. MR. SCOTT: I understand that. MR. L YKOS: You're the general contractor. And all of a sudden there's no friendship anymore and all they say is he's my general contractor. MR. SCOTT: I understand how fast things can change. MR. L YKOS: All right. Well just don't -- it's not just about the truck sitting in the driveway, okay? People expect that you're an expert and you know what's right and what's wrong. And the court will feel the same way. MR. SCOTT: Understandable. CHAIRMAN DICKSON: Very good. Wish you well. Hope you Page 83 ---- . 16 1 1 A[P December 17, 2008 still have a nice Christmas. MR. SCOTT: Okay, thank you. CHAIRMAN DICKSON: Thank you. Mr. Neale, do you have a short form for me? MR. NEALE: Yes. CHAIRMAN DICKSON: This is my last one. And I must admit, this is the one thing I've never enjoyed doing. MR. NEALE: But we shortened it. CHAIRMAN DICKSON: At least you shortened it. Case No. -- and it has to be done. Case No. 2008-15, License No. 11229, came before public hearing, the Contractor Licensing Board today. Consideration of an administrative complaint filed against the license holder, which I just stated, which his name is Daniel L. Scott, d/b/a Colonial Carpentry, Incorporated. Service of the complaint was made in accordance with Collier County Ordinance 90-105, as amended. The Board having at this hearing testimony under oath, received evidence and heard arguments respective to all matters, thereupon issues findings of fact, conclusion of law and order of the Board as follows: Findings of fact: That Daniel L. Scott was present and he is license holder -- holder of the License 11229. The Board of Collier County Commissioners of Collier County, Florida is the complainant in this matter. That the Board has jurisdiction, that's number three, of the respondent, and that Daniel L. Scott was present. He was not represented by counsel. Number four, all notices required by the Ordinance 90-105, as amended, have been properly issued. And service was personally delivered -- correct? Okay. Number five, respondent acted in a manner that in the violation of Collier County ordinance is the one who committed the act. That the allegations of the fact as set forth in administrative complaint as to Page 84 Decem!e~l~, 20~ A(P 4.1.6, disregard or violates in the performance of the contracting business in Collier County any of the building, safety, health, issuance or Workers' Compensation laws of the State of Florida or ordinance of this county. And found to be supported by the evidence presented at the hearing. Conclusions of law -- I can do the down button. The conclusion of law, alleged and set forth in the administrative complaint as to the count which was stated was approved, adopted and incorporated to wit. The respondent violated that section as read. Collier County Ordinance 90-105, violation set forth in the administrative complaint. Based upon the foregoing findings of fact, conclusion of law pursuant to the authority granted in Chapter 489, Florida Statutes, Collier County Ordinance 90-105, as amended, by a vote of six in favor and zero opposed, a majority of the Board members present, the respondent has been found in violation as set out above. Further, it is hereby ordered by a vote of six in favor and zero opposed by a vote of the Board members present that the following disciplinary sanctions related order are hereby imposed upon the holder of Collier County Contractor Certificate of Competency No. 11229. That is, number one, a $5,000 fine, payable to the Collier County within 30 days. Number two, $500 investigative costs, paid to Collier County within 30 days. A two-year probation during which time the -- Mr. Scott, Daniel L. Scott will report to Contractor Licensing regularly what jobs he is working on. A 14-hour continuing education to be done within 16 days, number four. Number five, six hours of Workers' Compensation continuing education. Number six, to pass -- to take and pass the business/law test Page 85 161 lA\o December 17,2008 successfully within 60 days. Where am I at, number seven? No restitution. Number eight, no state recommendation. My numbers may be out of order, but you can correct them. And so ends and closes that case. Any questions, comments? Anything I missed? MR. L YKOS: I just want to clarify, that was the short version. CHAIRMAN DICKSON: Oh, yes. Yeah, the only one had two more pages. MR. JOSLIN: Make sure that you print me out a copy of that, okay, so the next time I have to do this that I won't-- MR. NEALE: I will make sure that we've got printed copies. I'll send it over to Maggie and make sure it's in the packet for next meeting, how about that? MR. JOSLIN: Perfect, thank you. CHAIRMAN DICKSON: I commend the Contractor Licensing Office for what you're doing. It is extremely difficult out there. All of us contractors know that better than anybody. And we know you have a difficult task and we know people are bending rules. We know they're stretched to the max. There's a lot of pressure out there. I can only imagine some of the confrontations that you encounter. Because there is so much pressure on people out there. I thank you for what you do. I appreciate the opportunity to work with you all these years. You guys are a phenomenal bunch. And I'm glad you got the extra employee, because you sure did need it. And to the Board I wish -- and county staff, these two geniuses over here, and the prettiest court reporter in Collier County, I wish all of you a Merry Christmas and may next year be abundantly blessed for all of you. No reports. Next meeting, Wednesday, January 21st, 2009. They go fast, don't they? Page 86 Decele~ 1 ~, 200\ /W And we'll all hope that 2009's better than 2008. MR. JOSLIN: Let's hope so. CHAIRMAN DICKSON: Anything else to come before the Board? MR. JOSLIN: We should that the Board of Commissioners I think for passing this resolution reimbursing all the board members and all the people that serve on these advisory committees for some fuel mileage, the expenses that takes to get here, to and from. I think that was a very nice gesture on their part, and I thank them. CHAIRMAN DICKSON: With nothing else-- MR. L YKOS: They must have a bunch of extra money laying around. CHAIRMAN DICKSON: I think something maybe happened. With all that, do I entertain a motion -- I move that we adjourn. Do I hear a second? MR. JOSLIN: I second that motion. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN DICKSON: Aye. MR. L YKOS: Aye. MR. HORN: Aye. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:04 p.m. Page 87 161 lA(P December 17,2008 C~TRACTOR LICENSING BOARD f{/iZtL {974~)~ LES DICKSON, Chairman These minutes approved by the board on ...../4/1/ as presented ,}fjf or as corrected . Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 88 Fiala -OF/ap- ~:~~ing-f~ t; , Coyle Board of County Commissioners Coletta , t"-' ~ MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE RECEIVED JAN 1 2 2009 161 1 Al December 3,2008 Naples, Florida, December 3, 2008 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 P,M, in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N, Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott James Boughton (Absent) Clay Brooker Laura Spurgeon Dejohn Dalas Disney David Dunnavant Marco Espinar (Excused) Blair Foley George Hermanson Reed Jarvi Thomas Masters (Absent) Robert Mulhere Reid Schermer Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Opcrations Analyst, CDES Phil Gramatges, Director, Public Utilities Bob Dunn, Director, Bldg. Rcview & Pcrmitting Gary Mullee, CDES, Operations Support Manager Bill Lorcnz, Director, Engineering & Environmental Svcs. Misc. Corres: Nick Casalanguida, Director, Transportation/Planning . D;}.. l {) 0 Ed Riley, Fire Code Official Date. Tom Widcs, Operations Director, Public Utilities Item # I to 1: I - ~ic::;i,' 161 1 A1 December 3, 2008 I. Call to Order The meeting was ealled to order at 3:40 PM by Chairman William Varian and a quorum was established. II. Approval of Agenda Reid Schermer moved to approve the Agenda. Second by Dalas Disney. Carried unanimously, 9-0. III. Approval of Minutes The following eorreetions were suggested: . On Page 6, the motions concerning nominations for re-appointment were ehanged to "Motion carried, "ll-Yes" with one abstention." Dalas Disney moved to approve the Minutes of the November 5,2008 Meeting as amended. Second by Reid Schermer. Carried unanimously, 9-0. IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt, Administrator . Funding is still an issue; there is a shortfall in Fund 131 - Permitting and Land Use - revenue is not suftieient . Building Department is sustaining . Either fees or the number of employees must be adjusted . Fiscal Year 20 I 0 - eore organization may be skeletal . Level ofserviee will be impaeted In response to a question by the Committee, Mr. Sehmitt stated the Intake Team Manager's position was frozen. The "team" eonsists of one person who reports to Glenda Smith. The former manager was assigned to Code Enforeement. (Charles Abbott arrived at 3:47 PM) . Budget alloeations will be re-adjusted and reduced . BCC approval is not neeessary sinee the budget is being down-sized VI. New Business A. Fund 131 Reserves - Gary Mullee, CDES Financial Manager . The strueture of Fund 131 reserves is being reviewed . Reserve fund was created in 10/2003 - initial reserve was $1.66 Million . The Board of County Commissioners approved the fee resolution · Previously Fund 113 (Building & Plan Review) was the only fund, and building permit fees subsidized land use . Zoning fees have not been raised sinee 2003 . 200 projects started before 10/13 and the funds were deposited to Fund 113 . The Clerk of Courts declared the "reserves" to be a "loan" . $701l,OOO has been paid baek to Fund 131 at a rate of $1 OO,OIlO per year . Work done undcr Fund 131 is paid Il)r by thc ncxt applicant . Business has stopped, rcscrves in Fund 131 will run out in 2 - 3 months 2 161 1 A7 Deecmbcr 3, 2008 (Mario Valle arrived at 3:55 PM) . Fund 113 eollcets fecs for prepaid eommitments (i.e., inspeetions) Joe Schmitt outlined a brief history of CDES and the funding proeess/fee schedule ereated prior to 2002. . Not enough money was set aside in Fund 131; will approach Board of County Commissioners to request rebalancing the reserves in Funds 131 There was a diseussion eoneerning the CBIA lawsuit. Under Florida Statutes, building fees ean only pay for the services provided under tbe building permit. The law has been in effect since 2004. In the past, building permit fees partially supported Engineering and Zoning. The building permit fees were artifieially raised but when the Funds were split, the building permit fees were redueed. A suggestion was made by the Committee to "tag" fees reeeived for pre-paid serviees and to not deposit the fees into Reserves. Another suggestion was to examine the efficiency of the current process and to eompare it to other Counties. (Robert Mulhere arrived at 4:05 PM) There was further discussion eoneerning reeoneiling the Reserves. Options presented included further reduetion of staff, redueed operating hours, and renting space within the CDES building. Also mentioned was the new software system. Eleetronie submittal is not yet an option due to eost. It was noted that Collier County's building permit fces are among the lowest in comparison to twelve other Counties. Gary Mullee stated Fund 113 will have reserves through the eurrent Fiseal Year but Fund 131 reserves will run out in February, 2009. Chairman Varian eonfirmed speeifie reeommendations would he presented to the Committee in the next two months. IV. Staff Announcemcnts/Updates C. Public Utilities/Engineering Division Update - Phil Gramatges . Finanees for next year are being examined . Public Utilities is funded by rates paid by consumers and lmpaet Fees . Thc 2009 Budget has been analyzed and redueed by $25 Million . Rcvenues for thc month are lower than last month V. Old Busincss A. Meter Size Forms - Phil Gramatges Blair Foley stated there is another proccss at the Building Permit level utilizing a similar form with different data whieh hc will provide to Mr. Gramatges bel,)re the ncxt Committee meeting. He suggested adding an "effective date" to the bottom of the current I,m]] to makc it easier to distinguish futurc rcvisions. Mr. Oramatges agrccd. 3 161 1 A7 December 3, 2008 B. Water Surcharge Charts - Discussion Copies of the eharts were distributed to the Committee. Tom Wides, Operations Director - Public Utilities, provided a brief history of the rate structure whieh was expanded to 6 bloeks in 2003. The purpose of the inverted strueture is to reinforee eonservation. The meter size is not as important as the flow going through the meter. The average eustomer used approximately 8,000 gallons per month. He stated the new Water/Wastewater rates are available on the website. There was a discussion concerning water used for irrigation, rates, "I.Q." (irrigation quality) water and dedicated irrigation meters. The Publie Utilities eontaet to obtain more information regarding irrigation meters is Gilbert Moneivaiz (252-4215). IV. Staff Announcements/Updates D. Fire Review Update - Ed Riley, Fire Code Official . A written report was submitted to Committee members . Monthly average of reviews remains between 850 - 950 plans . There is more time to speak to design professionals to eorrect problems Chairman Varian mentioned a problem eoneerning the rcmodeling of older club houses which require the addition of fire alarms. He stated the neeessity of a full meehanieal plan is a problem when the structure is 15+ years old and no initial plans are available. Mr. Riley stated the mechanieal plan is required to determine the proper fire alarm eomponents for the system. One suggestion was involving a meehanical eontraetor. He also stated the Building Department will be involved lor all renovations over $5,000.00 and will conduet a 61-G Review. He suggcsted a one-on-one eonference with staff to review options. Dalas Disney stated he had reeently reeeived ealls from Mr. Riley's department staff asking for clarifieation of an issue whieh avoidcd rcjection of a client's project saving him time and additional expense whieh he appreeiated. In response to a question, Mr. Riley replied his department's staff is right-sized and the department is currently finaneially stable. VI. New Business B. New Building Blocks - "Revisions to Plan Submittal Rcquirements" - Bob Dunn and Ed Riley A copy ofthc Building Bloek was distributed to the Committee. . A round-tablc meeting with eontractors has been schcduled to preview the new software which is expected to bc implcmcnted in March/April, 2009 A qucstion was askcd about "one revision per pcrmit type." Mr. Riley stated any itcm covered by a building permit (i.e., electrical, mcehanieal, architectural) could be included as part of the "one revision." Sprinkler systems and lirc alarm systcms are separate from building pcrmits and would require separatc rcvisions. The trades would have to eoordinate the revisions lor submission at onc time. 4 161. 1 A7 December 3, 2008 In response to a question, it was eonfirmed the General Contraetor would serve as the "applieant of reeord" and coordinate the trades. IV. Staff Announcements/Updates B. Transportation Division Update - Nick Casalanguida . The 5-year CIE is in proeess and revenues are projeeted to be down but the eapital program will remain generally intaet . The Santa Barbara projeet seetion of roadway from Copperleaf to Green will be pushed baek . Collier Boulevard is still seheduled for eompletion on 11/2012 but Golden Gate might be pushed back a year . Collier Boulevard (between Davis and 1-75) will start in Fiseal Year 2009 (October or November) . Vanderbilt is near completion . Immokalee Road is near eompletion There was a question eoneerning landscaping for Immokalee Road (up to 95 I), Vanderbilt, and Rattlesnake. Mr. Casalanguida stated the current landseaping budget is $2.9 Million but the Board of County Commissioners authorized only $1.8 Million and suggested the Transportation Department aeeept bids for the projeet. He further stated the issue is on-going maintenance and in perpetuity maintenanee eosts will be included in eaeh bid. lmpaet Fees eannot be used for the costs. VI. New Business C. Transportation Impact Fee Update - Nick Casalanguida A eopy of the draft report of the Transportation Impact Fee Update Study was distributed to the Committee. . Impaet Fees are the only revenue stream that funds capital improvement programs . "Olde Cypress" (going south), the Estates and "Arrowhead" were part of the Trip Length Study whieh was eondueted to see how far people drive . The eonsultant, Tyndale-Oliver, was asked to blend the loeal numbers with the State's numbers because Collier's numbers werc too high . Collier County is one of the only Counties that includes Utilities in its Impaet Fces There was a discussion about why the retail rates inercascd, lower "pass by and capture" numbers, and the percentages used tor reeommended new trips, and Assistcd Living Faeilities. Other questions concerned uses and why eertain eategories did not contain subcategories, sueh as "Specialty Medical." Mr, Casalanguida statcd a physician (i.e., psyehiatrist) could apply tor an administrative "speeial use" based on the number of patients seen per day. It was suggcstcd that a sub-class should be ereated. Commcnts mcntioncd that "restrietions wcrc vcry tight" and "physicians are ehoosing to opcn ncw offices elsewhere rathcr than in Collier County due to eosts." It was pointcd out full trip generation back-up was not includcd in the rctail study. 5 161 December 3, 2008 lA1 Mr. Casalanguida stated new roads are funded by Impaet fees, but other munieipalities have additional revenue streams (i.e., tolls, sales tax). The General Fund alloeation pays baek loans and pays for operations and maintenance. There was further diseussion eoneerning why Impaet Fees have not been reduced when costs per lane mile and other eosts are lower. Additional information from the Consultant will be presented to the Committee via email. Figures from some of the other Counties are being reviewed and updated. The Report will be presented to the Board of County Commissioners on January 13, and January 27, 2009. D. LDC Cleanup for the 2009 Cycle Chairman Varian stated at the last Committee meeting it was suggested that the Members submit reeommendations for the next eycle based on their individual expertise. It was deeided Judy Puig will eontact Catherine Fabacher eoneerning the Cycle and deadlines. The information will be distributed to the Committee via email. VII. Committee Member Comments A. Discussion of By-Laws - Chairman Varian Chairman Varian asked the Members to review the thirteen items that eomprised the "funetions, powers and duties" of the Munieipal Code and if they thought the 2009 Agenda should be adjusted to include the items. He asked the Members to review Items #6, 7 and 8 speeifically. VI. New Business D. Transportation Impact Fee Update - Nick Casalanguida Mr. Casalanguida returned and requested speeifie aetion from the Committee eoneerning the Report. George Hermanson moved to accept the Report for purposes of discussion. Second by Robert Mulhere. Robert Mulhere stated the Report may be accepted, but thcre is no support for raising lmpaet Fecs and deereases arc encouraged. Reed Jarvi stated he did not have enough time to study the Report and would not support it. George Hermanson amended his motion to accept the information provided in the Report but to oppose any increases in Impact Fees. Second by Robert Mulhere. Motion carried unanimously, 12-0. VII. Committee Membcr Comments B. Discussion of By-Laws - Chairman Varian Discussion resumed Il)cusing on ltcms 6, 7 and 8. It was suggcsted to amcnd thc Agenda to include the items. 6 16/ lit? December 3, 2008 Chairman Varian stated he would eon suit with Judy Puig to revise the Agenda format. Public Comment: Chris Straton, President, League of Women Voters of Collier County, introduced several members of the League in attendanee and outlined their funetions. She stated the League's foeus for its meetings during the past year has been on Advisory Boards to the Board of County Commissioners. DSAC was one of four Advisory Boards pieked for study and the basis for asking Chairman Varian to speak at a League meeting. She stated Collier County has a tradition of solieiting more publie eomments and suggested adding the topie of "Publie Comments" to the DSAC Agenda. There was diseussion coneerning the influence and effeetiveness of DSAC, the reluetanee of the BCC to attaeh any weight to DSAC's recommendations, as well as the eomposition of the Committee. It was mentioned that DSAC Minutes are available online. Clay Brooker stated it would be a good idea to add "Publie Comments" to the Agenda. Chairman Varian stated the topie should also be included in all advertising. VII. Committee Member Comments Robert Mulhere stated he attended the BCC meeting on Deeember 2, 2008 and reported the BCC unanimously approved motions for re-appointment submitted by DSAC. DSAC Meeting Dates: January 7, 2009 at 3:30 PM February 4, 2009 at 3:30 PM March 4, 2009 at 3:30 PM There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 5:41 PM. DEVELOPMENT SERVICES ADVlSORV COMMITTEE )~ .tJ V' Ch' lam anan, ' aIrman These Minutes weJ>X(pproved by the Board/Committee on __ I fJ /Ql____ as presentcd __L__, or as amended ______,. 7 161 1 -liliv F()REST LAKES !<to\!)\\ \1 \"'D nl<: \1'\ \I.,j \1:.,1 I RECEIVED JAN 0 6 2009 ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Minutes fiala Halas Henning Coyle Coletta 1JL / October 8, 2008 Board of County Commissioners I. Call to order Meeting was called to order at 10:05 a.m. by William Seabury. No quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones (Excused), Virginia Donovan (Excused) County: Tessie Sillery - Operations Coordinator, Darryl Richard - Project Manager, Caroline Soto - Budget Analyst Other: Chris Tilman and Thomas Roadman - Malcome Pirnie, Darlene Lafferty - Mancan Darryl Richard stated that a Staff and Consultant Report would be conducted. Darryl Richard distributed the following: (See attachments) . Project Managers Report . Tree Maintenance - The County Attorney's recommendation to the MSTU was to abstain from drafting a letter to the Residents andlor Property Associations noting it is not the purpose of the MSTU. . Quality Enterprises Change Order Caroline Soto distributed and reviewed the Budget Report. (See attached) o Purchase Orders - i. FPL invoices have not been received for FY09 ii. Southern Services P.O.s (2) have not been opened o Balances rolled over from preceding Purchase Orders - i. RWA ii. Bonness iii. Better Roads iv. Malcome Pirnie v. a. Grady Minor o Available Improvements General $1, 100,213.82 George Fogg arrived 10:10 am A quorum was established Misc. Corres: Date:~ Item # t lQ L Ll)1t <b ':opies to 1611~~1 If6 The meeting was officially called to order at 10:10 by Vice Chairman George Fogg. III. Approval of Agenda William Seabury moved to approve the agenda as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. IV. Approval of Minutes - September 10, 2008 William Seabury moved to approve the minutes as submitted. Second by Harold Bergdoll. Harold Bergdoll reported repairs to the damaged Manhole and surrounding Roadway is complete. Motion carried unanimously 3-0. V. Transportation Services A. Budget - Caroline Soto - Previously discussed II B. Project Manager Report - Darryl Richard I Chris Tilman - Malcome Pirnie Darryl Richard reviewed the Quality Enterprises Change Order in the amount of $5250 for Headwall modifications. Harold Bergdoll expressed concern with installed Headwalls between (Fairways) 5 & 6, noted a possibility of carts rolling into the ditch, which is a safety hazard. Discussions ensued and it was agreed that the addition of 4 Head Walls were necessary as a safety precaution. It was determined that $20,000 would be sufficient monies to cover the additional installation. Harold Bergdoll moved to approve a not to exceed amount of $20,000 for the additional (4) Wing Walls plus the $5,250 (Quality Enterprises for Headwall curbing.) Second by William Seabury. Motion carried unanimously 3-0. Chris Tilman and Thomas Roadman gave a Slide Presentation on Project Status and reported the following: . (F-54) Replacement of Fairway NO.5 Culvert- i. The excavated steel pipes were structurally unsound due to bowing and corrosion ii. The Condo Association denied access which required a larger amount of sod removal iii. The new Headwall elevation will prevent standing water iv. Installation of Headwalls are 20 ft. off of the Fairways v. The Concrete End Walls are aesthetic 2 161 I1f6 Harold Bergdoll voiced dissatisfaction with sod installation on Fairway 5. He compared the quality of work by various Contractors, and noted the quality of work by Gustafson. Darryl Richard responded that the Committee may include Sod Installation Standards for future bids. George Fogg offered his expertise for Spec modification. He would work jointly with Malcome Pirnie. . (F-41) Improve roadside drainage in the Forest Lakes Villas and Condo area - i. Entrance (shoulder) standing water has been remedied by Under Drain installation II. Under Drain - near completion iii. Keeping the water table at a minimum to preserve the Roads was the objective for Cul-de-sac areas It was questioned if the Drainage on Woodshire had a blockage. Thomas Roadman responded that the pipes are in a flat position under the driveways, additionally grass is an obstacle. He stated that re-grading is required. George Fogg questioned the response from the County Attorney for Tree Trimming. Darryl Richard reviewed the County Attorney's letter. Noted the FOOT standard height is 17 Y, ft. George Fogg requested readdressing Tree Trimming at the November 12, 2008 meeting. Harold Bergdoll noted the concern of the Gordon River elevation. He questioned the parameters that are controlling the Weir. Thomas Roadman stated that the Weir information is critical for the drainage of Forest Lakes. VI. Old Business - None VII. New Business - None VIII. Public Comments - None IX. There being no further business to come before the Committee, the meeting was adjourned by the Vice Chairman at 11 :06 A.M. 3 161 Forest Lakes Roadway and Drainage MSTU Advisory Committee 2. n These minutes approved by the Committee on _I \ - ! ,J ' V 4' as presented '\ or amended . The next meeting will be on November 12, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 4 Ip6 161 lA1$ F()RES']' LAKES 1<0 \Ii\\ ,,'. \\'111)1{ \1'\ \(;1 \L I i ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 November 12, 2008 Aaenda I. Call to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - October 8,2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard, Chris Tillmanl Malcome Pirine VI. Old Business VI. New Business A. Project Tree Trimming B. Drainage Structure between MSTU and downstream Golden Gate Structure VII. Public Comments VIII. Adjournment The next meeting will be on December 10,200810:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 1 161 1 ;!6 F()REST I 1"'1'" "/\.1'. ',S no \In\ \'! \'\0 OR \1'\ \(.1 \IS 1,1 ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS October 8, 2008 III. Approval of Agenda William Seabury moved to approve the agenda as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. IV. Approval of Minutes - September 10, 2008 William Seabury Bergdoll moved to approve the minutes as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. V. Transportation Services B. Project Manager Report - Darryl Richard I Chris Tilman - Malcome Pirnie - Darryl Richard reviewed the Quality Enterprises Change Order in the amount of $5250 for Headwall modifications. Harold Bergdoll expressed concern with installed Headwalls between (Fairways) 5 & 6, noted a possibility of carts rolling into the ditch, which is a safety hazard. Discussions ensued and concern was expressed about a safety hazard on Fairways 5 & 6. It was determined that $20,000 would be sufficient monies to cover additional installation of 4 Head Walls. Harold Bergdoll moved to approve a not to exceed amount of $20,000 for the additional (4) Wing Walls plus the $5,250 (Quality Enterprises for Headwall curbing.) Second by William Seabury. Motion carried unanimously 3-0. 161 1 A-~ (F-41) - ACTIVE (POC: Darryl Richard, Stall Ltalson: Chris Tilman, P.E. Project Management Consultant) -Improve roadside drainage In the Foreet Lakee Villas and Condo area and In portions of Forest Lakee Blvd (cul_ce, etc.), Engineers Estimate $164,450; Award Is to Gustafson at $141,697.64 PROJECT PHASE Scope Prep Contractor Solicitation Contractor Salected MSTU Cmta Funding Approved County WO Processing Contractor NTP Date Est. Construction Completion Date Start - End Data 3/16/06 - 6/10106 6129/08 - 6113/08 6118/2008 (Gustafson Construction) 3/1212008 6118/08 - 7/7/08 718/08 918/08 (F-54) - ACTIVE (POC: Darryl Richard, Stall Liaison; Chris Tilman, P,E. Project Management Consultant) - Roplacement of Fairway No.6 Culvert - Engineers Estimate $146,235; Award Is to Kyla Const. at $51,899,40 PROJECT PHASE Scope Prep Contractor Solicitation Contractor Selected MSTU Cmta Funding Approved County WO Processing Contractor NTP Data Est. Construction Completion Data Start - End Datil 6/19108 - 6/28/08 6/06/08 - 6127/08 6/2712008 3112/2008 8/27108 - 7/16/08 7118/08 9116/08 (F-50) - ACTIVE (POC: Darryl Richard) - PHASE II: Project 6b: March - Sept 2006; Reconstructlhe southern & northern ends of the Woodshire Ditch (Merged with with F-49) Engineers Estlmata Pending PROJECT PHASE Scope Preparation Contractor Solicitation Contractor Selected MSTU Cmte Funding Approved County WO Processing Contractor NTP Data Est. Construction Completion Date Start - End Data 6116/08 - 8/20108 6/20108 - 6130/08 7/112008 3/12/2008 711/08 -7120/08 7121/08 9121/08 (F-53) - ACTIVE (POC: Darryl Richard, Stall Liaison; Chris Tilman, P.E. Project Management Consultant) - Quail Run Lake Shorallne Reetoratlon and Stabllizatlon- Engineers Estlmata Pending SFWMD Feedback PROJECT PHASE Scope Prep Contractor Bidding Contractor Selected MSTU Cmta Funding Approved BOCC Approval Data County WO Processing Contractor NTP Data Est. Construction Completion Date Start - End Date 6/2/08 - 12/30108 1/16/09 - 2/6/09 2/6/2009 2/1112009 2/17109 2/17109 - 3/6/09 4/1/09 7/1109 ii..-C""",,,,,, _......... u_~; "'" "'~'. ,.< __ _ ".,...;.~... __ Easement PROJECT PHASE Start - End Data Scope Prep 3126/08 - 4/26108 MSTU Cmte Funding Approved 4/9/2008 County WO Processing 4125/08 - 5/14108 Survey NTP Date 5115/2008 Survey Completa 7115/08 County Real Estata Proceeslng 7116/08 - 9/9/08 BOCC Approval Date 9/23/08 (F-51) - ACTIVE (POC: Darryl Richard, Staff Liaison; Chris Tilman, P.E. Project Management Consultant) - Forast Lakee Condo Easement PROJECT PHASE Scope Prep IMSTU Cmta Funding Approved County WO Processing I Survey NTP Date Survey Complete County Real Estate Processing BOCC Approval Date Start . End Date 3126/08 - 4/26/08 4/912008 4/26/08.6/14/08 5/15/2008 7/16/08 7116/08 - 919108 9123108 l 16/ IItY: (F-48) - ACTIVE (POC: Darryl Richard) - PHASE I: Project 5: Forest Lakes Blvd. relief sewer to Lake 10 (F-47) - ACTIVE (POC: Darryl Richard, Staff Liaison; Chris TIlman, P,E. Project Management Consultant) - Milling & Overlay Foreet Lakes Drive and elde streets from Forest Lakes Blvd. to south end (Merged with F-40) Englneere Estimate $424,382; Award Is to Better Roads at $431,149,00 PROJECT PHASE Scope Prep Contractor Solicitation Contractor Solected MSTU Cmta Funding Approved BOCC Approval Date County WO Processing Contractor NTP Data Est. Construction Completion Date Start - End Date 2/1/08 - 5/19/08 8111108 - 811 1lI08 8118/2008 (Better Roada) 3/12/2008 7/22/2008 7122/08 - 8/15/08 8118108 10/18/08 (F-45) - ACTIVE (POC: Darryl Richard) - PHASE I: Project 3c: Feb - May 2008; Regrade Swale Nos. 12-17 & Nos. 1-6 and Install culvert, Total regrade langth approximately 19,704 L.F, (Merged with F-44) Englneere Estimate $520,220 PROJECT PHASE Scope Prep Contractor Bidding Contractor Selected MSTU Cmte Funding Approved BOCC Approval Data County WO Processing Contractor NTP Date Est. Construction Completion Date Start _ End Date Prolect Delaved until next vear. 2/1108 . 3f7108 1lI15108 - 1lI10108 8/1012008 4/912008 5/2412008 8125108 -718/08 8/8108 9/30108 (F-43) - ACTIVE (POC: Darryl Richard) - PHASE I: Project 3a: Feb - May 2008; Quail Run Swale Restoration and Lake Improvements: Regrade Swale Nos. 7-11 and Install culverts. Total regrade length approximately 5,974 L.F, Englneere estimate $198,575 (updated 7-10-(8); Award Is to Quality at $198,047,50 PROJECT PHASE Scope Prep Contractor Solicitation Contractor Selected MSTU Cmte Funding Approved County WO Processing Contractor NTP Date Est. Construction Completion Date Start - End Date 2/1108 - 317108 6117108 -712/08 712/2008 $240,000 on 4/9108 712/08 - 7121108 7/21108 9122/08 (F-39) - ACTIVE (POC: Darryl Richard, Staff Liaison; Chris Tllmsn, P.E. Project Management Consultant) - Right-of-Way for Roadways, Swales, and Drainage Structures. Work Scope is based on RLS 07-TRN-00068 PROJECT PHASE Scope Prep MSTU Cmte Funding Approved County WO Processing Survey NTP Date Survey Complete BOCC Approval Date Start - End Date 3125108 - 4/25/08 4/9/2008 4/25108 - 5115108 511512008 7115108 919108 (F-38) - ACTIVE (POC: Darryl Richard) - PHASE I: Project 3d; Feb - Oct 2008; Construct engineered pertltlons In Lakes 8 and 10; (Malcolm Pirnie Projected Budget $500,000); Q. Grady Minor - Design Consultant PROJECT PHASE Design Docs Prep SFWMD ERP App Submitted SFWMD ERP Received Bid Preparation Advertise for Bid Contractor Salected MSTU Cmta Funding Approved BOCC Approval Date Contract Processing Contractor NTP Date Est. Construction Completion Date Stert - End Date 314/08 - 5131/08 5/19108 9130108 9130/08 - 10115108 10115108 - 1115108 111512008 11'12/2008 1112512008 11125108 - 1130109 2/2/08 8/4/09 QE GUALITV EN"=Ii'!"~':':1!BEB October 6, 2008 SENT VIA E-MAIL Mr. Christopher Tillman, P.E. Senior Consultant Malcolm Pirnie, Inc. 4315 Metro Parkway, Suite 520 Fort Myers, Fl. 33916 Dear Mr. Tillman: RE: Forest Lakes MSTU F-43 HeadwaD Curbing 161 Our proposal to pour the curbs on the headwall is $5,250.00. Unfortunately, we will need to wheelbarrow the concrete so we do not damage the asphalt alone the path. Please contact me directly should you have any questions. Very truly yours, 2 /7~~:r- \.-L~uis J. Gaudio Vice President - Project Management 20& l1mem Court a.sapl!allle, VA 21320 (7S1l!>48.-8COO Fll.1I. (75.7) SAS-2FiOO 1 A'6 3&94 Mi!IIo.!Ilbt ~\!e. Suite 216 Ni!IIples.fl311'HI~ U3t)4lS-7200 Fu(U9:} 43S,7202 UctC8CA57231 16 Pige I 01 A co From: TeachScott Sent: Monday, October 06,2008 11 :37 AM To: RichardDarryl Cc: TeachScott Subject: Forest Lakes MSTU / RLS 08-TRN-001 01: Tree Trimming Darryl, I am writing in response to the above RLS seeking guidance on whether the MSTU can send out a letter to the residents and/or Property Associations within the Forest Lakes MSTU requesting that trees along the roadway be trimmed to 15' in height. As you point out in your Request for Legal Services, the purpose of the MSTU is as follows: "The unit is created and established for the purpose of providing and maintaining improved roadway lighting, traffic control signage and devices, roadway-related drainage and roadway restoration within the area of that unit and to that end shall possess all the powers to do all things reasonably necessary in connection therewith." Based upon the express purpose of the MSTU as set forth in the Ordinance, it is my opinion that the MSTU's advisory committee is without authority to use MSTU funds to request that the trees be trimmed as requested nor does it have any authority to address the proper trimming of trees within the MSTU. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 10/8/2008 161 1 fr~ ITEM NO.: DATE RECEIVED: FILE NO,: ROUTED TO: DO NOT WRITE ABOVE THIS SPACE (Orig. 9189; Rev. 6197) REQUEST FOR LEGAL SERVICES (please type or print) Date: 10-2-08 To; Office of the County Attorney, Attn: Scott Teach (Name) ') \ /f'1 ;' I ,-, torr "1--- ~ f , : ... J ~. /o-LO'l; Project From; Darryl Richard Manager (Title) Transportation (Division) ATMDept (Department) Telephone # (Verv Important): 239-252-5775 Re: Forest Lakes MSTU Committee Request for Letter to Residents - re Tree Trimming (Subj ect) BACKGROUND OF REQUESTIPROBLEM: (Describe problem and give background information - be soedne. concise.. and articulate.) Tbe Forest Lakes MSTU Committee on September 10, 2008 requested that MSTU Liaison Staff send a letter to the residents and/or Property Owners Associations within Forest Lakes MSTU Boundary requesting that the respective associations trim tbe trees above the roadway to a specified height - specifically 15 ft. in height. MSTU Liaison Staff is concerned that sending a letter <as per request) is Dot only outside of the purview of the Forest Lakes MSTU Committee per Ordinance 2005-20 hut also conflicts with confirmed clearance standard of 17 ft. 6 inches for roadway clearance from obtructioos (per roOT index 17356). MSTU Liaison Staff request confirmation that tbis is a code enforcement related item Ind not within the purview of the Forest Lakes MSTU Committee. As per "Purpose" ofMSTU as stated: "The Unit hereby created and established is for the p..rpose of providing and maintaiaing improved roadway lighting, roadway-related drainage and roadway restoratioD withi. the area of that Unit and to that end shall possess all the powers to do all things reasonably necessary ift connection therewith." (Are there documents or other information needed to review this m.tter? If yes,. attach and reference this information.) This item haslhas Dot been previously suhmitted. (If previously submitted provide County Attorney's Office File No.) No ACTION REQUESTED: (Be very specific:. Identify exactly what you need in the way of legal services.) <t Recommendation for Staff Liaison to either send letter (see attached letter and attachments) or not send letter as per review in terms of applicability of 'Purpose' of Forest Lakes MSTU per Ordinance 2005-20 and that the request would conflict with established FDOT Design Guidelines (2008 Edition). OTHER COMMENTS: Attachements included cc: Michelle Edwards Arnold (All requests must be copied to your appropriate Division Head or Constitutional Officer.) 161 1 pt COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION . Alternative Transportation Modes Department 2885 Horsesboe Drive South. Naples, Florida 34104 . Tel. 239-252-8192 . FAX 239-252-{;219 October 2, 2008 Forest Lakes MSTU Area Resident DRAFT Dear Resident, The Forest Lakes Municipal Services Taxing Unit (MSTU) Committee on September 10, 2008 voted 3-0 to request that property owner's within the Forest Lakes MSTU Boundary trim trees to a height of fifteen (15) feet above pavement on roadways. Collier County MSTU Liaison Staff as per the request of the Forest Lakes MSTU Committee is providing the following attachments as guideline(s) for tree trimming and landscape design standards in relation to roadways. I. FOOT 2008 Design Standards Excerpt (Index 546, Index 700, Index 17356) 2. "Proper Tree Pruning" guide obtained from Collier County Code Enforcement Office. Thank you, On Behalf of Forest Lakes MSTU Committee, Darryl Richard, MSTU Project Manager Cc: Michelle Edwards Arnold DRAFT c .' {~~ c " " ~~ ' ~~ ! (~_ tr"O a" i. . f'A S' 0" a: ~ Q; r:r {; C:-:J" ~~~~~! ~ll~ .n f~ ~~ ~la bJ H ~Jll ~ O~~OS'O gooa QOoa"~~O~ ~8qS ~ ~ S's.~~(Jq alJO. c; ~~ g g t:r~ ~ g 5-a crg-CJ'Q ~ Q>(rQ ~ ('t) ;. ~pP)Ulo80"t:I... ~ lC:lQ..;:rIl'C"VoIUJ~""=-~J:tg.~ :..--....yt<-; o a. H Q.j;;'" ~ ~ 0 Vol 0 "0 ~ g:i!.......;:!:I ijI" (l ~ 0 S'''O c.. 0.. 0 0 J:t j _ Ul D) i-I 0 ,.,. < t::I ~ .... i- i- ..s I.!Q ~ o.c ~ - .- c.. 0 o S-~.i;;'il = ., 0 0 ~ $! 8 ,ai!i.ll;;;.ll;;;9' 7- _-2.~ S o'~~ ao Jil 0 '" 0 <l o.s g ~ "" 0 \; <::g f"l Fe ~€l '" ., 10 g n 8 o. 0 '0 0 0 - '1 ~ 0 $' 0 :;.. ~'O .~g <j' _:.r-- ' . r... ~ CO) ~ t::1 ~ n 11 Q.. ~r 0 ~ 8 ;;;g 0 s ..\ " 'I ~ '[. :"~ ~'" g I!" !5 ~ .P' '" '" ? 0 g. 0 n 0. ~~"", .~.;.; 0 e; ~ S- 0 S " III ~ ~ S-~ ~ ~ :K. ~~c ,0. '", _~::r'-;r(Jq.:.r 0 ~ ij..-r-=f~tl. 0 _ i: 0 (') 0 en 0 ~~ ... ~ , ~. - 8 I;n --< .:~ - F7~, 0 (3 Ul ::;l ~. ~y1t ~:~ ~ ~ ~. ~ ! t~!t}ll;; S' COo ;. ~ ~ S' ~ ;l 23 S" a ~lrg- ~ ' ~ 13 ~~+\, J ~<if ~~_o-+,(.;o..(}~~'~~s~Ef~'i('Vcl"'o~ioo.~oO S"d 0;.).... cn(Jq~o\~:' ...;:: ti. '7d';C:~~::~ p)....o g ~ Os =- ~ O"'""'.!~ ~. ~ 0 o.~'~ ~ g!:: ~g-!,; g- ~ :.fiq 0 S (To <.n ~.~ ,~\: . , , ,,"~ )c; UJ v ... --... 0 P ::r' 0 --. p) ~;::r p) .... .... v 0 0- .... .... ,... ' "- '-:.r.._>i..~ g ~. <' p) 0 ~ (>) 5..... Po- b> .... 0 '" '<l ~ 0 D 21.... "d c:: ~.., 0 ~ 5' 0 ~ r.(iV ~ ; '~-'-:r~ =' B 0 ~ (I.l ~ 0 ~ g "g ~ .a 0' g" a ;; () t:: g. (h 0 j ~ ~ "0 S' n -..J p. 2 (f , : -S' a ~] ~ ~ ~ In ~ 3> g' ~ g- ~ g- ~ nag 8 ~ ~. ~ e- ~ 50 g g ~ g: g (') 0 0 ..... 0 .... .., ... <l In tl 0- .a ....:E :::: (>) 0 tl n 0 0 ~ ... N Otl c;PO"a"'-~ "ooClIlloQ.....c-"g Illo=::r!l).... .. oaP- en "'M ~ ~ ~;:;tl.~::r':J. 2 :i.t:: 0'.... S fJ &:: 5.Otl.g~'~';~'D~'. .... 0 ~ -g_~;.o o 0"" ~ "'. ~ -.' , ,,"- is.. .Q 8 n is 2. _.5 0 " ,,"'" .'eo, '.' A.o 8 .:< = 5! ~ 1"'. 0 0 ,.",.p.~, o;:r 0 t;"'::r ::r' t:I ;::I 8 E!.. P (\I~e-' '-.--,- 0'" I)'Q -0:: 0 :ro~"'" ',"~ ~'" ~~ "'.,a 0..'" ~ 8 ;:r r:f.~ ~".._, .=-.:<: (\I.... g.1llo n .... ~'~;mr.- ~'. ~- 8 0 :IS c:: .... n (') g. 0 n ...... ,:r", "'o:..:.Q.., 0 ~ ::t' g. g ~ i1'<~:: :t5:-: a- 5 ~-6'~' g. ~ ~ If 0 g- ~ E; ~f,'~'" 'ft,'~ g. Er o.Ji R- ~ ~ 0.. ~~j>n:'}!9...' ~ Cl-"O a l:) ___ ... 0 8 g-; ~ g.f. '/" ;,::e:: ~ ~ s-~ R1:~ n 0" g '"1:?'J,~'."p, .., a. 2 g 0.<'. =..Illo Illo (") -. (") . e; t:t -. ~ -3:1". on'" 1lJl"~:'--_'-"'-'.'. ,..'"d Illo 0 2 .... 0.. e. .... e' g :r goo.. 0 ~ (') - .;. II' n n :=f . 2 ::: en . '"'" ~ ::r >:I :ro'::::Otl 0 n .....'. 080"'~ t:l oC.::l OOtl..(l_,c.;.Q _.Olllo("l =-~ Illo.~' ...... g" (") _. a 0 Otl ~- 0 -,:.:: ;.~:~';''''C 8 ;:I ...., r> c: 1"". ~r t:T' p- ~'~ :E 0 p) 5' ~ "S "0 ..... :~:,~<~:;--':"....~ t:I r:;:::\n t:;....... :::r 0"" ~ 0.: "'-'-~ 5' 8' 5 0. e. S-::-N;t, c,..--;-.-:f-?" e: g. fi -....:: n '" _. 9-: 0. ~"".., ___ 0....:;, ",~-,,,,~",....,---~. 08 0 J::.... tn' ......y :::. tl .... '1-:,'Ol'1 ,.;,',.;._::.;::::::;,,_...... ~ c: ~ ~::E 0 '<'W' ~ ~ ,< .,~>~~':t;:':8'~r~~: .. 5' ~ ~ s ::: ~ . ~ .:~:~(, " ,~..- .~rt J~:~~t.:. ~. .~"" ..;~ ;r~'" :2~' ~~~ - '\ ~ll1~ ;g!~j~\;li':/~" '<~-~:~it sl'"~\e~ry~.~ 8; [ i ~ f.fi~~{-:i@. ~ l=' 5 0 15 ~~,~~~:: g [ ~ s a'at:a~~ g.1t'"'~;:~5' S' g a.., tn 0 0 ;J;"C' c:: IT.. .... g . p g I=' a g::. :=;:T ::T"O o ;.e.i::T' n ~ g.~ n ~ .., a.~~ 0 cr .... 0 8 g. s-ecre.. s... Qo B ~ 0:'0'" ~"O o"t) Slllo ~~~~ e~ ~O I nrt ~.! J~~~'.-I!I~ Pi ....0 Illo rih;r g,. ~a:.a.e. e . t.~.-.. I\) S].g8c ~ _ cr ~e.:'" ~ -< 0 o ~ g-g ~ ~ e ......("J iir Ul 0' ::h Cl(;-::1C:. 0 ~ g. g~8.g [ 'i QI 0 o..{,Q lJ'Q g.-.~ 5 n 7 t:r' VJ:f ~ " ~ \\./ ,,,,.0' ,-...~!-- '~~\,l.i\,. . :::~,"'\\l . --..--, ~~ f,;;f/); j}?"'---<""" -:-, , w , l t;:; " 0' ;;: ,,-'. "{~, . , ~;lHis:9 e. n g R ~ a 8 .... cr c:: ED O! Q'1l.g ~ ~ 0 . ~;; ~~.::t>~ 'O.QS-,2"1D ~ O. >I ~ c ;;J...J ngo"O ~\o ~ ~. F ~ .-i,~ ~~ 8.~ .'!:~~~~a ~~ g ~ ~.::r~ c::: . ..f. Sol\) J;li"VJ <l 8goo~. 'ogs-s~.-t !;l'l ~ :-~< g. = ""'" ",>-l(l -<:P)~CJil'O~ 1l:l000~ne:o oq_OoE:l"O r ~ 2(;r>>r+UlQl c::ooos~ v a~g~~&'Q t; 0 ~ ::rOQ So l:t' ! It ::,E ~;:TOO to) ~ "r!. 9.. "0 ..... _. g ~ ~. 0 n 0 CI!I c...... D 0 0"0'---' .-. ~ ,..... =... 0 0 tn ::1. O' 0 t'" ~ 0 " " "''' '" a", g!:l ",8 l='!l s- -, ~ ~"O='~0"<t+ o~~~a~"tJ....~[;n8'~1 ~~!.l;"~1i' t.."'e.gag'O~..g~>I~!!I o fI> t: ~'1 0 I. ~ ~ e g..S- . e ~ I\) ::To ~ ~. "" ~. . '" '" ~ ~ =: jO" _ 0 g (l ~ " t"" ~.o 3~~ ~~~~ou~H~~n~ n e ~ ~ p ~ no ~ ~ g ~ 0 [!. to. I ;.r- :I I fI'> ~ SDl . E. 08 ~o am -178 s,"" ~ g: ~ ~. .. 88'.,,~ ~ im" .:.~t"l-i; ~ ~. ,...... 0.. ~~ /.h' ~ :-~.:('i~~f; S' g ~.f7tj.;,1 . '" :S.'O'Pi:f~:) ~ ~ cri.;:r' \. '~,'?: nag, j [2~ ~" <l!l ",E!. ."oo.;!~ bJ.g g ~ 5 ~ l13 "0. e. R =- n t:"'.lii"O~oaaa h- ~ ... ~ ~ !f 8 ~C.~ o!:'3.~ .g 0 ; ",'" /; . 5' S- . lJQ OQ 0 ~ o . ". g f . "" ".= -;s ~ 0" 0 0 e..g ~St~g~~~. ~iig,Zir1i Q.~ ~ 0 t:J Q~en~o ".ll" S -, <i ~"~b~Q. '<l~~' ,"'- il @ VI ~ :t ..... <:> Vi ~ ~ ~ ~ > ..... ~ I ~ (") ~ ~ Ai ~. . . !' ~ I ~. i ~ ~ " . .. .. ~ l' ~ u' Ju ~8'ii ~ ~~i . ~~8' ; ~meUI~ uuiJ' uu' ".1 wel!1 nni.L...L ~ i ~ ~ i . i~t'jl; H~!tn !11'li' li" 'Ii h(htl tJ .t., t ,II: f~ it;lf-. IIU;h J~.h:if ~I~~;ii l.~,ii- -'A~I[~ :l~~l i.l :- ll~fis- t' m t'i (h Iii if . i~! I n~~ ~ I ~.l ~ !~. ~ IIi ~i.. I it! i! I iil 1 ~ i i_ n r~, ~ J \ I i \ J ~\~\: ii I" r \ \\\1~', ,.~ I! \ II , "\:' I. . ~I i ~ \ t il I \1 \", 1 ~ II LJ\ 1: i I N ill I t ~. . ~3" 1 11 1 11 , 11 1 11 1 11 1 11 , 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 n lh ! I \\ I 1 11 ij" 1 11 '\' I II , 11 IT b'~ i ii I I . \/i 1 11 1\ 1\"' '!~'~-li- I I~ \ l: i 1 11 l~ _ 1 II I O!,~" ~ : 1: I I ~ ..' I II \ ',., ~ 1~1/',.1' I ' 111:111 ! .,:" , ~ l;J:I I 1 11 ..... 'i I 11 'l'lf~ l~ ; 1\ l:I ifi 1 11 I Ih ,~, '" ~ 1~1 I II I. II \:: I I I II 'I I I I II II l II II 1 \\ I I I II !! 1 II I! i ::: lit 111 , '. 1 II I I I I I II , '. I 11 I 111 I II L ", III - J ~ ~-'QII i 'lUll , 11:111 ! : :: I I II ! ' " l I 1 f . 161 1 A I i~ [ * .~ ~i' i ~i Ii ' ~~ ti: ~ ~i ~! ~ !i ~; ! {. B i 11; If ,f ~~ ~~ if li' ~df Hi, ...... Ill; ~f Ii' f I i ; .. I ~I , i i .- t==I- T \ \ I f\ '\ i , \ \\ .. I \ ,\ I! 1\\ .. ~ ~~, J ~ I II ~l,J IU I ',. I I . 16i 1 A~ "'!-or>" fiiii Ii ~ l! d; 4 -{ ~ ~f(ii I { ~...~ I !f H'j: ,., , ~ "}.i I /l; Ii Ii t~ r- III l:!l ~ !2 II Ii-J i Hi;~ lD " t r i "'ilfil Ii ~ ~~H 'l a! ~ 1;: a ,. . _s i I I ~ , I \l f ~ i . - t i , ~mll ~ t". iilti~ . lIlt ~ " . ii" , 't ;! It ~ i ,Ii J . m a~ili , ~ 'i!.,' ~. @) Hlti~ . t , ~ i 5' ~ 'H " . if ~ l~ ~ Eart"-- ..nJIr)'........;. ~ ~111 i~~ i!i~ 11. t I i i I I ~ . I .u! 1'1 I" . I I i . li: 1 t.., it 1 Ii i , / I! ~ . _'_'.' Ii.'~ ~ I is . .!H I ~ Ii ~ ", ~ iPi .il i'l I \ ~ ! !ili Iii II!. . . ,I ." I ~ l !. ~ ~ ~ ,~ 1 ill tII! i ! 1 h ! I (;j " ,::" 11111 . i '" ~ ~ '" ;;: 1 . ii .' I r I l' ..... ir " - ~ IHI'I'!" i ! ;I!~ i l rn " " ! '-i' Hi i_I . . il ~ iN if 'W . i 'I ! j!{' i) liji , . ~~ f t ~ 1 . t . I iJ f:il "II I --Ii ~Ii ... ~ 1 if' ii' q f (, .1. II I &~. . III U .511 . I Ni @ ~ ~ <:> \!l ~ ~ Sil ~ I VI -..1< !IIi of O:N ... N ; ~ " ~ i\1 '" '" ~ ~ ~ iii '" tI B 1lI _ ~ III .' · r j' f 1111 r. 1I tit !' - Iff ~, I I . pi ! ! I I i}l PP . (In ~ l 1 !' f , I( if.. III · it ~ { I " i i i ~~ I f ! !l" ~ II!! I I I i ! I [ J i ~mi i , t Il'l' IIU I ,{(I I' I~II I ; f'~lt f ~"ll ~ f "1ft ~ ! LI'I ; ltl" · i if' ~~~ a~>l <II 1;: Q iii I ~ . . I if 0 iPI t. : I Ii !; t t f f i il ti ; It i r ;.- r l ~ I Jl 1 ~ II' !! j i - - ! It [[ I I I Iii I I I H H!iH ! ! H H hH i ~ ~ ~ i. i I . tllf{f-t : nHI i : !il. ,...' ~ ~ It. ! n!1 ! I ~ i I HI II tl. s i ff~ I I tll it Iii II 'Ii I., f.- ht f" Ii Ii Ii i n 'I i If I! ~ It .1 I PI! ; ! I ! J a . - WI'lt"i i H hi It '~hi l ph',' I lll!!'ll t.!IJill' ~ '.; .11 ~ Hi'I~~' 1 i f~l Ip nl . . ~. I '" !~! i'U i {~hJ'I' ~ "lfi" I ~'IJ!it ~ w:a, i lil.~~: . .",I-il... 1 f.1 i~ f , ." ~ ~ ~ '" ~ '" ~ Ii: . f qi t 1.1 I I ,! - - h il , f , I illl " j' ,t . I {' , " . it f I. i P I I' I _I , , I I II Hll~!Il! " ~'1 ir I ihit' f I fli'" . ,-,'in t . I!}l' i ~p~ ' " l!; I 'I II , l!i;r ft f f I ! i ! i . \ I \ i ! \ 161 1 A2p ~ ~ ~ ~ ...... .. ........... ' 'f l'UilF'H iln~q~W~ it!i Hit !Ib !II i U Ii !h ~ Iii ill Iii Hi ~ . , ~ qi I th R i . ~ If H tit !i i ~ni i!ll { t~' I h II ".' a-!l"ll ~ . > . . IlflUi i ! II i II PiP! Ii H ! i! ~ . t, I. j .~ I i! I r I' .~ i i' I I~ ~" ~ :;n ,i I H ~ t "i!~ I Ii I it: ~ H Ii ~:' I i ! HI! : H ! H .. 1 ~l! P al!l: ~ . II . i,' I I; · ',', r, .; J It! I! i I hi j! I J Ii ~ I i fllIeOF___ .~ H I: h ir · -f f '("_ \ . . l ~II" ~ @ ~ ~ ~ ; ~ ~ I o ~ r- CIl ...... !Ii "'-1- (.0)1: . (11" ~ . m~ ll! ""J ~ ~ ~ '" ~ '" ~ " '" i! ~ ,. OJ ~ c c ~ Ciii1 "'~ ~~ !il ~ ili'il ;g Ii", "''' ~l;) ~;;':; ~~~ .... ~~~ ~ ~,,>O' 'g ~ ~.~,.., ~.' ,," . .. ;;: ~~a- ~ .. g;~ ." ~ 'G~ ";g", I I \ ~~~ ~ f ~ ~ ~~:t ~:: ~ 9- '" li'" .g.il ." j :I ~!:. .. ~ g ~ ~ l:: Q ~ .. ;;:~~~. ; ~ S 'b Q . ~<>. .... ::;:". ~ .. [~ .. ." ~! ~ > " /7'-6" Mine/eor"",;. /9' Mal(, Clearanc. ~-? l. 1< 01 -, '" ." ., ,. ., ~~ .' ~, ~ '. 3~ ~ a. .. '5" ~'I ". if':;; i"~ '. ~ ~ .. ~: ~ " ~~ f ~ i'l" ~~ ~ ~ ~i ~ ~ ~~ ,. .... ~ -. s: ~ '- ~~ " lf~ >~ ~:: " m , m :t: '" .i.UXO"".JI:~,Ij,j 111 I'll ::: I::: III 11:1 III 11-1 III 11'1 III : III 111 III " oiOj.".".... , '" " . '" , "' 0 ) !!.ot:: ::r~ ," ~~ 1: ,,~!- ~v" . - ~ .. ,,~'" ~~ " ~~ ~;; ~ ~,~ ' . ~ f ~g,~ "'<>...;;' ..ii: .' ~!~ !~~ f[ ~~.~ :5~ ~~ "- . , ~ ~ '" ~ ~ "" . %i 3" " "''''.. '" [~ .~ , ~ ~gn ~""' ~... ~~ . > ~~ ~ ~. .. , . "' O}, ; ?-1'g '. . . ~ ~ ~~ ;;,~ <>'"'3 "'._, ~ , ~! ~ ~. :; . -'-g'3 ~~~ . .. - > ! ": ?~~ . ~l . > ~:~ g , ~~. ~ . g .. > ,,' . i- > h ~-,*g ~ o' [ ii:~ ; ~ ~ .' , ~'8 , ~i~ ~ ~~ 'f , '" :~~ ~'!: ,~ ~~ ".. ~ , , .Q'''''l 1 ; ~<.l. ~ ~' ,,~ c.: , , .....!!; ~ i! . > , ''-' [ . " <) ~ / ~ ~ Iii ~ ~ ~ ~"\ ~. ~~. ~i~: .. ~ - -'^ ~ ~ ~. ~ "!~ ;c> ~ ~ ~ ~~~ 5' '" ~ ~~ ~ 3 '" "Of'" ",;; ~ S ~ " ; ~ :pii. " .~ ,~ ~~ ." t! ~5' " ~ o . ~ 1 I . ~ ~ ~" - ~ ~~ .... [[ [i: '" ~[ ~t '";;0 f ., ~ . ~ ~ 161 lA<b . ~. ~ , " ! . ~. " I ! / '6-r=i' " , iJ-..:.JdJ:t~ ~l . "" \ ~ ~ ~ ~ ~~ "'~ ~~ '"~ "<3 ~~ ~ti ~" i'l ~~ ili ~ i" @ " ~ > , " ~ " f ! \.. ~ ~ I ~ ~ ) , / I " I "" I '-""\ ~ . , ./ " , l:WW t:~t: W W Cool N N N N N N N N N N _ _ _ - _ .W;;;;~iO"Cl>""'CJ>CII""c.o....... ~~ N ~ 0.. CO.....CJ>U1....W...,....O..IlIIl....O>UI 16 1 (\-~ "''''''' ~1Il1Il ~~ O-l~oorc:'"Ozm'l)ozmm z-tO-l-ltDmr;:u---oo I mm~cc~~ )>~'"O'"O-IrgC1:t1<n~O-lO~Z m~>~~ooomZZZmc ffl~z8gzz "'tI m::I: rnzc cn::I:-m c;)::u zz)><rri~ntr-;o =i::::;~~m~z-l~~-tm:;o:n.,., ",z:::ozzoozm;;ocn::Ol>)> :::o;ocnmmC/)W )>- ::u 00- "'T1;om3:m ?f.~-<~~Ui"'01J~m-lmoo 1ii< ;:}~~ ,,~ ro<=t;::)>mZz:3!::unO m m ~~ ':Bo oo~z-ocnG)oomo-l~(f) mmbmmcn~~m~~~~< "'Cl~~~ 00< -- -- oz cn::::D::o:::O;:;C"'U OUJ-Izcnr-)> "'::: C~mG>om:Umm~(j)zO-l -l(/}:EI1,,;:ogm-t~-lmo5 ::002Z ~o~~ ~':B~[i1 ~~~~ :;JJ~)>:::O::Ommm;o ->:;0;:0 ()~"'''' C -(mcn'"'O Cii;::-Z C mo::ooos:ooco~ mm o -1)>- Z -Glm -_zm -00:;00 <ooS:S:ccncn~Om 3::!: Z 0"0 Z ;::m~ t5u1G1~ (JJ~!!!::O Z -f::J>s: c':::O-l-l ~ 0"0 0 ~Zm r f!::~~ ::!! ~~ ~J;;f:1 S<s< z 0::0 0 '" "'''' '" ~~tflVJ-f;j9(Atl'JtlJfAtIJ(It -C:niltintlfYJ.fI9fl1tt/J '" iAVttl'JfAtA 00;: -cCD:: .."'- ~-~ ~ ",<<> :tal CD 0::1'" a -. ~ .. n - .. .. .. o o o o ~ ~ t-.J:"" ..'" "'''' O>~ r;:; '" -< -", 8 ~ w o a o o o .s '" '" ,n '" , v. S: c' '" ~ "'" , ,- 0> W <.L- 0> (J) e, 0> ,,:,, '" ~ YJYJfAtntntntIJtlJWtIJtlJtlJtlJn o 3 3 ~ ~ .. ~ lit tl'JtIJ~~tlJtlJtAtlJi:AtlJtlJtlJtlJtlJtIJ_tlJtlJtlJi:AtlJtlJtlJtlJi:AtlJtlJtlJtlJtIJ tl'JtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtIJ_tlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJtlJt/J "'-- :""O:""'N 000 t1' co 00 0 CD.ca.--"NN--"............Q) ~8~~N8888ggg: wowCD8000000Q) ~g~~88g8g8g~ ... ..... ~~-.>.~~ P\Jt1'~P\JCDCD o,ot.!coo>-m 8845888 gg88gg w o a o o o .s r;:; '" -< '" 8 o .s ~~~OO~~~~~~^~~Q~m~ ~~~~Q~~~~~~l~~~Qg=~ ~~~~w~~~~~~0wi~ai~& ~~0~m~~333330~n~~~~. 00 2_ ~~~~~~~og~~2~ m:!: :::;':::;':::;':::;':::;'C: G)~ ~:::J aZ ~ ~ 2. 2. 2. 2. 2. n ~ ; ~ ~ 0 ~ ~ ~.Q (()(()~(()(()~riil(()a 5"CD n. ;;'l:::;' ~ 0 .$Io..$Io..J:>.~,JIo U101<{101U1 u,(ncccbu, l>oCOCDQ;lQ) ......0-....101-....1 """-....1 l\J ())U1 OO)-....I......CO .$Io.,JIo.$Io.~.$Io..$Io. ... CfY'C{lCf'crcr __ 'foCf'Cf' ~f~~::g~QQ~iIl'::g~~ ~-....Ic.nc.nc.nc.n00c.noOlUl:ii: N())())O)(J) c.n.....(.nUl -....Il\Jc.nwo 01 COQ;l ~rrr~moo~~~~~~~o~m~~ o~~~a~~~~~~~a~oo~o~ ~~~~_.~n _.C:C:~n~= 0 -~~~(()5'iOOOOO~-~Q""'a~ ~ woooon~-<<<<<n~q~~~~_. C:C:C:~~~(()(()CDCDCD~nwn_~~~-~ ~~~I~'~~~~~~I CDCD(()-~ .~ (()(()(()~~-6~'~'~'~'c.n 0 03. ~.~~.w~oo~~~~~. ~o.~ ~ 0 ~~~ W(()----- ~_. ~ ~ ~~~ ~~fffff ~~ ~ . 2<<<<< '!< ...u...u...uouUl :;;:;;:;;m@ ~HH6 g =!> =!> ~.!n, +.;,;,;,;,;, ;, 21:~r:~:j-;l~ -I~-1-1-1-1 -I wwwgw ~~~n$~~g g t!t~m ~~~~~:::: t;; 666~6 ~~~g~~ ~ CPCPCP6'iO 666666 ~ ~~QOl~ Q')Ol.J>......N.J>. _ IIlIIl 0",0 , , 0 ",,~ -;-l-;-iq ",,,,o. -<00 "'...<;t, "''''::t 66. a>a>0 66_ -<- 'cR i.-" " ;lJ -< c '0 0 ,-. '.t J.. '!', " tt ~, 0 " " <3 N '-L~ C V' r.~) (]l u.> lX' .' 3 '0 -, ,. c, ,-x' " D r'_' c CD ~:'\ ,,-, to ~ c; u' " ~,-', () cr, 0; Ln c '--C' I',) 3 ~ '" .' , c' Cl C C, c' ~ 8~ '";;. ,. ,--, C) (") , c, - r.) ~~~~~~~~~~~~~~~~~~~> !l c !!. '0 o. c: r;:;m~ "->C.. .:" Q. ~ g:~i " '" o .s m ~ ". ~ 0 ",- _. c -~ c - ~ ". ~~~ ~~~ g;-5!: o .. o .s .." o o ::u n m O,..UI g'C-l lllZC ..0.... co....'" -;"'uom ouoen o i: co en -I C RECE\VED JAN 0 6 2009 16' 1 AJ1-11' ~i:i:~ :r::17!<J/} l Hennmg / Coyle v Coletta r-' Board of County Commissioners 2885 Horseshoe Drive Naples, Fl34104 MINUTES I. Call to order The meeting was called to order at 4:02 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris (Excused), Michael MeElroy, Barbara Segura (Exeused), Richard Sims, Pat Speneer County: Darryl Riehard - Project Manager, Caroline Soto - Budget Analyst, David Buchheit - Project Manager Traffic Operations Others: David Julien - McGee & Assoc., Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda as submitted. Second by Michael McElroy. Motion carried unanimously 4-0. IV. Approval of Minutes - August 12, 2008 Richard Sims moved to approve the Minutes as submitted. Second by Pat Spencer. Motion carried unanimously 4-0. V. Landscape Architects Report - Michael McGee David Julien reported the Conceptual Plans for Hunter and Coronado are underway. Additionally Coronado Base Maps are in the final stage. A. Landscape Update - None VII. Transportation Operations Report A. Budget - Caroline Soto o Available Improvements General $865,900 o Remaining Open P.O.s $44,190.80 o Ad Valorem Tax $15,575.92 (Uncollected) Misc. Corres: Date:~ Item # llo 1.[ \ J1tJ .~'::"Dins to 161 Richard Sims inquired whieh Line Item will include the $14,560 for McGee & Assoe. Caroline Soto replied it will be under Other Contractual. 1 Aq B. Project Manager Report - Darryl Richard distributed and reviewed the Project Status Report. (See Attachments) . (G-26) Bidding - Maintenance Contracl - The following was reported: i. Item updates are required ii. CLM will eontinue Interim Maintenance until 10/31/08 iii. The eommeneement of951 Refurbishment Projeet (Plants and Shrubs) by CLM iv. Observed during drive through - Herbicide treatment is required for weeds v. Santa Barbara will be under Construction until 2010 . (G-25) Golden Gale Master Plan - Discussions will be held pending final production of the Master Plan from McGee & Assoc. . (G-21) McGee and Assoc. Annual Contract - Darryl Richard announced the Purchasing Department will attend a future meeting to present the New Services Contract for Landscape Arehitects. Discussions ensued coneerning the "rotational requirement" in the New Service Contract for Landscape Arehitects. Barbara Segura pereeives the Committee is in opposition to the "rotational requirement." She noted the requirement poses expensive ehallenges. Darryl Richard noted a Special Meeting (October 20, 20(8) may be required for approval of the Maintenanee Contraet. VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - None B. Grants - None C. Master Plan Discussion - None D. Design Process for Hunter & Coronado - None E. Traffic Counts - David Buchheit stated that Sunshine would qualify for Traffie Calming deviees based on the 25 MPH speed limit. He noted that Roads are not are not designed for pedestrian traffic. Diseussions ensued and it was stated in Golden Gate City 88% of the ehildren are traveling on foot or via bicycle with limited Sidewalks and Bike Paths available. David Buchheit reported the following deficieneies in Collier County pertaining to Pedestrian/Bicycle traffie: o Bicycle/Pedestrian Coordinator - None. He noted that he is vyingfor the position. o Funding - None o Complete Street Policy (vehicle & bicycle lanes, and sidewalks) - None Richard Sims requested Mike MeGee to send a drawing of Hunter and Coronado to David Buehheit for review and suggestions. 2 161 1~ Discussions continued and it was noted the Committee goal is Bieycle, Pedestrian, and Bus friendly Roads. Richard Sims moved that Golden Gate MSTU recommend that Collier County (appoint) a Staffperson to handle Pathways. Second by Barbara Segura. Motion carried unanimously 4-0. o Non ADA compliant Jnterseetions - All IX. New Business - None X. Public Comments - None XI. There being no further business for the good ofthe County, the meeting was adjourned at 5:41 P.M. These minutes approved by the Committee on as presented or amended The next meeting Is scheduled for January 13, 2009 4:00 PM At Golden Gate Community Center Naples, FL 3 16~ l1\'Q September 9,2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-26) '\CTIVF .. Darryl &. jesSle: BIDDING - MAINTENANCE CONTRACT PHASE Purchasing Bidding Bee Approval NTP Start - End Date 9-15-08 to 10-6-08 10/28/08 11/10/08 (G-25) ACTIVL Darryl &1::;sli:'. Golden Gate Master Plan - revision Golden Gate MSTU - Master Plan Design Phase 1 st Draft - McGee 2nd Draft - McGee 2nd Draft Review FYI: Committee requested LDC procedures Verification of BCC Approval requirements Stsrt . End Date 10/9/2007 1217/2007 1217/07 - 5/30/08 Pending Pending (G-22) ACTIVE Darryl - Design Process Coronado & Hunter (Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb, repave & re-stripe from annual contractor. 12-1'--{)7: Pending finalization of master plan. 1-7-08: Pending finalization of master plan. 2-6-08: Pending finalization of master plan. 2-13-08: Staff review of Master Plan revisions in progress. 5-9-08: Committee reviewing Master Plan revisions (G-21) ACTIVE 0'1001:0.1(; r cssic:. McGee & Assoc, Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposal. 11-/3-07: Staff received hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out - in progress. 12-11-07: NTP sent out with an expiration date of: 12-10-08. (G-17) ACTIVE ONGOINl; i'cssie Annual Maintenance Contract: #05-3686; PART 1 -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued - NTP 161 1 A~ 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2- 13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. 3-3-08: NTP for Maintenance - Commercial Land - till May 2, 2008. 3-11-08: Request for deletion of 10 ft. height and lower 3-11-08: Deletion of lOft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing 5-09-09: Bids to go out. (G-t8): ACTIVE Darryl - Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (t) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do first. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT" of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and have costs for Committee to review and discuss with Commissioner Henning. (G-19) Compict<.:.-n I'essie- MSTU Member Tenns: Richard Sims, Chairman - 10-06-2010 Barbara Segura, 10-06-2010 Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Mr. McElroy resubmitted his application for renewal- to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for vacancy. 9-20-07: Memo sent to Filson for Recommendation to BCe. 10-09-07 10-09-07: BCC - approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year term) (G-24) Ci;mplell.' i)llTY: & 1,;:->,,;(:: G.Gate MSTU -4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC - 3-11-08 12-20-07: Requested Chairman for input on the report. 01-07-08: Reminded Chainnan of deadline - January 11th, 2008 for county staff. o }.14-08: Completed report emailed to Mike Sheffield - per deadline 2-11-08: G.Gate Chairman signed report. 2-13-08: Rick Simms will report at the 3/11108 Bee meeting. (at 11:00 AM time certain (unconfirmed)) 3-11-08: Rick attended the Bee - Board approved all 4 year review reports at once. 2 ~t~~~~~r~~~~~~~~~~~~~~~~~~~~W~~O~~~~~.WN~ ~~~mm~~o~oo~orc~cr~oozm~orzm mm"cc~"" ~....m....mO"Gl~C~OOro....~OZ 000>00 >~~m~~Iemz~ZOr~C~ooIZO~Gl mmzQQ z~O~m~m-z~~ OZ~ ~m -~ ~~mmm00~<>~I~rOOzz~I~>~~~~mom <<~~~~~rm~Om~>mGl~ rz-~o> m mm~~~~oO~z~~-o- ~ moQmo~~m OO~o~~oo=CmGlm"~~~~~m "m~GlZm80 "OZZ -?~~~~~""Oz~ ~Gl ~~ZOO~ 020000 c~m~~m~~~o~~ w~ c>Q~m o~~~ ~ Q~ZGl~Z~~~~m ~m ~Qo~~ z ~ Z moo m~ m):>~ ~~ OOcm- ~ 8~ 8 zm~ 0 Z2~ ~~ ~~~ Q r ~ ~ ~ o~oo ~ w~c m ~ m -~-~~-~-~-~~~~~$$~~~~~~~~~~ z~oo~~::o---oo m~""~~!;lIzzzmc C>z~~zzmiitriintr~ tncn~~(J)ooz;;ocn~)>o" *~ .,,~cm-lm 0 mmddmmm~~~<< m~::c::o::O~0-1Z(J)~):> ....00::;;::;;-"-,,....,......,05 ::090)>>~;::O::O><-)>::o;u mo""OOcoZ mm <ooo~~~orri ~~ zOG>~>cr::o ~~ ~-"m~:g~flirn ~~ ffimZo::O 0-1 tj 9 rrl $iR~~fA~~~~~~~ NN:~~ NNN o~ m OO~~.NN~tn~~O. ~tnOOtn~~~woo~w' 8gN~omg~8~g22~oggb028228g~~ oo8080ooo.oooo8oo88ooooooom 8gggggggg~gggggggggg888ggg~ ,.. -::; u> -"' 3 ... c . 0 Ui-=> ~Q.:::::iI .., ., 00 "a~ 0 00 8 l:l. 0 00 8 00 '" 89 9 ..,.....~~tA~~...tA ~ ,. , ," .~ ~ (T i..C ~ " ~ y .,0 '"' c 'c' C ~;: " ~ , 0 c ~ c ~ '" c ~ c c ~:: c 0 co c; c C "'.1 m ~m~~~~~~tA~~~tA~fAn o 3 3 ~ . " lit (1'.. '..Ii (/, U.. (J; U' tfi VI ,rl 'J' ,on u, 'f) (f? t.:' r...;, , D o ..,.~...tA~"'fA_$"'''''$fA~''''fA$~~~~~~~~fAfA .~) . ..'" OlD NN CoOocou.-U't :::~~g8 Co:'" A 00 ilDN-.jOO . .. <D .. N N ;" <D fAfA~~~fA~~fAfA~fA '" ~moiD o-.joo ~mo~ i::xd,,) 0:'" OCDOCD m ~ Ui _ -.. ~ ...._ CD:::::iIn :....w~-b;t3~~C' omp\')~~NC:!!.. ~:-"~~~~. ~:!4j.31~~. -Entn~~~'fA~~.YJ-fA~.YJ '" u>o u> ... ..,'" NN u> 0 ...tn_~tA~~"'fA_~fAfA-fA~~-fA~'fA.YJ~tn~~~~-fA <D'" mm., ~N~ ~U1W~a>~ ~~OlO~ ie'",,,,o if' 0 u>];< ~ 8 '0 0 u> 08::80;88000888 gg::g~8g8888gg W NW(J). oomo. <DOOCO CDOCO~ Oooi:Do NO&O oo~~~~~~~~~~~ooo~ O~~OQO~~~~Oooo~~ S~~QQQ~c~'ri~33Q.<< Joo~~~~@m ~~33~~! ~~~m~m~~n ~_m~ ~~ ~~~ ~~ ::o~a.a. n~ ~OS G:l!e. ~ ~ ~ ~ I; Z ~B~ ~~ gg~~ ~3 ~ - i~ ~ ~~ 0 ,n . ... .... ~ ~....~~........~ D~~""~ 0'I(.7IU't~</1~~ ~.tntn"'O'I o 0 , C:oCio '&- -m I I I I ~~~~~~~~~$l~~~~ ~CD~""CD.o) ~(x)CDtnO ~~~""""'<DO -c~CO-.jCD ~~~~~~Wa~W~~~~~~ J .:J. ~ lit J ~ Q C c n. - ~. ~ ~ :J :J -~F.-..~E..~~-oa~~.a~~ S' N. N' _... _ ... -< .... J .... ... - .,. ~~~~~-m~ Q. ~~~ ~ 0 ~~~~~ri@ooq ~~~ ~ ~ ~. ~m;l>- 2 ~m~ m..! a ~~nW ~ ~~~ ~O~ m moO, m _~~ ~3. ~ :;) ::T:;) S. tIJ .:;):J J 0 ~ g~~~ ~~ ~ . @ g~~" ~ ~ 0 .. ~ ):> ~. ............ rr r 000 id::i:: 1>1>:f" ..,..,.., "''''''' :;::;::;: 666 ..."'... 666 ...... u>u>~ 8;&0 '" ill ..' 1$':1 :IE 9 ~ r o :l: l' ~ lh v, Vi U, UJ V) "TO ,,-< ('J c 3 :::-J '" 0 ~' 00 g' ;:- (0 ~ (Jl (f; IJ 'J I, Ul if> (f. V ,. ," '"' o 00 '" c,-, '" " ~ w en " 0 ~ N ~. W ~ '" eo N D 0 ~ Co N W ~ co N ~ C C ,::;; m c' ~. C' D 0 c' :::J m ~ ~, ~ 'J C. C i:' 0 '0 r,: r.; 0-: (I' 2, ~~: ... fA~~'fA~~tn~tn-fAfAtn~~fAfA ~ fdC' ~!!.. o~ u>", go: . .. ... .. N N ;" ... u> u> .., '" u> '" NCXlWN~.J>.~CD (J)-.j 0. c,,-Noo<cw:'" m"Nw ~~~Cilg8~~~~o ooo;""oo:"'Coi-.>~~ OOOOOOCDO(X)(X)O - ,.. to.) w ~-t:i ...., ID W U't 0 _" ~~~~~~~~ ~:-"~~~?l iD W....-.j....,NID (,.)-.j-.j-.j~!:::,! 161 1 (\-1 en CD 'g S' 3 IT CD .. !fJ N o o CO G'l o r- C m z G'l )> -I 'TIm c:lD zm c)> ..c: en:::! c.>'TI C'i ~ i5 z !: en -I c: RECEIVED JAN 0 6 2009 161 lAQv Board of county commisSioners Fiala Halas Henning ~ Coyle Coletta 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:09 p.m. by Chairman Riehard Sims. II. Attendance Members: Peggy Harris, Michael MeElroy, Barbara Segura, Riehard Sims, Pat Spencer County: Darryl Riehard - Projeet Manager, Tessie Sillery - M.S.T.U. Projeet Coordinator. Caroline Soto - Management Budget Analyst Others: Mike McGee - MeGee & Associates, Dan Mote - Advanced Lawn, Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda. Second by Peggy Harris. Motion carried unanimously 5-0. IV. Approval of Minutes - October 9, 2007 Richard Sims moved to approve the Minutes. Second by Peggy Harris. Motion carried unanimously 5-0. V. Landscape Maintenance Report - Advanced Lawn Dan Mote reported: . Golden Gate Parkway Palmetto's were cleared . Damage repaired from accident that occurred in front of Pizza Hut . Internal Roadway mowing reduced to twice a month . Golden Gate pest control treatment applied on Deeember 3, 2007 · Collier Blvd. pest control treatment applied on Deeember 4, ~W Corres: . Problem with chili thrips on the Plumbago. Will apply treatments aggressively Dale: I Item#: .'.~i~iPS to . Possible reduced irrigation I day per week 161 1 Ag Discussions ensued coneerning Phase 3 watering restrictions. Darryl Richard reported County has applied for an Exemption on Phase 3 watering restrietions for all Collier County Roadway Landseape Projects. Barb Segura questioned ineorporating use of watering trucks into the Budget to prevent loss of Landseaping. Mike McGee responded reuse treated water is permitted. Marco Island is utilizing that proeess with potable water. Dan Mote reported the watering schedule has been widened to Sunday & Thursday with irrigation checks arranged to take plaee in-between watering. VI. Landscape Architects Report - Michael McGee A. Landscape Update - Reported the Crown of Thorns missing were due to theft. VII. Transportation Operations Report A. Current Budget - Caroline Soto distributed Budget report (Attached). Items eovered: . Operating Expense Available $150,943.41 . Remaining open P.O.s $91,727.32 B. Project Manager Report - Darryl Richard distributed and reviewed the Golden Gate M.S.T.U. Project Status report. (Attached) .,. (G- 22) Design Process Coronado & Hunter - A quote was requested from Bonness for the asphalt overlay It was suggested to request a proposal for Survey Serviees to determine what the proper roadway grade would be and using the minimal amount of asphalt required to piteh water to side of the road. Darryl Richard reported Diane Flagg was in disagreement with the request from Road and Bridge to asphalt overlay the entire Roadway length. Mike McGee questioned if there was a policy for Roadway Landseaping beyond what was established in the Master Plan. Noting the Master Plan approved by the Board of County Commissioners indicated installation of curbing only. The survey taken was previously requested for decision-making as it may be not be necessary to eomplete all seetions simultaneously. The Committee asked who was responsible for fixing Roads that were not properly engineered. (Noting it was not the responsibility of the MSTU Beautification Committee) Darryl Richard reported Hunter, Coronado, & Sunshine were not included on the County 5 year Asphalt Plan. Barb Segura questioned issues with Water puddles on the road during rainy season without the curbing installed was noted as being a safety issue. . The requested Bonness quotes would cover: I. To wedge & pitch away from eurb to the sides of the Road 2 2. Full resurfaee & re-striping 161 IAq Mike McGee recommended incorporating into the Budget sufficient monies to include resurfaeing the entire Roadway length. The monies would be used on an as-needed basis. Darryl Richard reported eost factors were not available due to the required asphalt eost & estimate. It was noted Diane Flagg would be working with Road & Bridge and the A TM department to resolve the issue. The direction reeeived from Diane Flagg is to pitch the Road only as neeessary to remove water from the roadway. VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer reported the Project would be going to bid and should be installed by summer. Mike McGee reeommended the Committee eolor preference for the pipe be included in the Bridge installation. B. Grants - None C. Master Plan Discussion - Michael McGee Richard Sims announced Commissioner Tom Henning has requested to meet with the Committee to diseuss unused MSTU monies from the Golden Gate area. It was agreed to meet in February and would replace the February 12, 2008 meeting. Tessie SiIlery will coordinate a meeting date between the Committee and Commissioner Henning's offiee. D. Design Process for Hunter & Coronado Richard Sims reported the Golden Gate Civic Association Board Members prefer Coronado be completed first. There were eoneerns regarding speeding and serious aeeidents that oeeur on Hunter Blvd. noting Hunter Blvd. is more residential vs. Coronado. It was suggested perhaps the Traffic Department eould improve the turn lane from Coronado to flow onto Lucerne Rd. Darryl Richard will eontact Road and Bridge Mike McGee suggested ereation of "Community Infrastructure lmprovemenls" utilizing unused monies. Noting curbing, fill & asphalt are improvements that are safety issues for the Fire Department, Sheriff Department & the Community. Mike McGee distributed & reviewed Master Plan "revised draft." IX. New Business - None X. Public Comments - None 3 161 XI. There being no further business for the good ofthe County, the meeting was adjourned at 5:37 PM. Golden Gate MSTU Advisory Committee Richard Sims, Chairman Tho<e mi"""," 'Ppnwoo by tlw Co~ittre "O~ ~ 7 ~ as presented_or amended ~ . The next meeting Is scheduled for January 8, 2008 4:00 PM At Golden Gate Community Center Naples, FL 4 1 A~ 161 1 ft~ t 2885 Horseshoe Dri\le NapIes,FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- September 9, 2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado E. Traffic Counts IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for March 10, 20094:00 p.m. At Golden Gate Community Center Naples, FL Fiala (\t;;i.1f/~ Halas H8nning~ Coyle Coletta MINUTES OF THE MEETING OF THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD RECEIVED JAN 2 3 2009 161 1 /t/6 October 23, 2008 Naples, Florida, October 23, 2008 Hoard of County Commissioners LET IT BE REMEMBERED, that the Collier County Hispanic Affairs Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Center, Naples, Florida with the following members present: Vice Chairman: David Correa Raymond Cabral Renato F. Fernandez Manuel Gonzalez Valaree D. Maxwell Cosme Perez Ernesto Velasquez Luis Alejandro Bernal (Excused) ALSO PRESENT: Mike Sheffield, County Manager's Office Commissioner Jim Coletta Misc. Corres Copies to: I 161 IAro October 23, 2008 I. Introduction A. Call to Order/Welcome - David Correa The meeting was called to order by aeting Chairman David Correa at 6:00 P.M. A Quorum was established. The Committee paid tribute to Jim VanFleet. It was stated that Jim VanFleet was a friend of the Hispanie Community. It was noted that the Community has suffered a significant loss. Manuel Gonzalez arrived 6:02 P.M Valaree Maxwell arrived 6:03 P.M There was a moment of silence in honor of Jim VanFleet. Commissioner Coletta affirmed Jim VanFleet was a pillar of the Community. He noted the various Boards that Mr. VanFleet served and was a reeipient of the Outstanding Advisory Award. Moreover Mr. Van Fleet's professionalism will be truly missed. B. Approval of the September 25, 2008 HAAB Meeting Minutes Raymond Cabral moved to approve the Minutes of September 25, 2008 as submitted. Second by Ernesto Velasquez. Motion carried unanimously 7-0. II. Old Business A. Law Enforcement Report - Manny Gonzalez reported on the indicators of dangers to the sick and elderly as it pertained to Mr. VanFleet. He stated that a Wellness Cheek was requested by the Sheriffs offiee: Trash cans Dogs barking . No response at the door Hasn't been seen by Neighbors . Mail in mailbox He reported on the down trending eeonomy and crime in Collier County: . lnereased in activity at pawn shops . He reeommended investing in an automobile loek eap to prevent gasoline theft Additionally the suggestion was made to call 911 as a "Non Emergency" to request a Well Being Cheek for the siek or elderly. III. New Business A. Address from Commissioner Jim Coletta - stated the County shares the same eoneerns on issues as the HAAB and reported the following: 2 161 lA-/o Oetober 23,2008 ~ To Eeonomy - abandoned homes ~ Noted a deereasing erime rate ~ HUD Funds will be used to purchase foreclosed homes ~ Suggested uniting the Communities to maintain their neighborhoods ~ A task force has been formed to lend guidanee to individuals going through foreclosure ~ 5 Food Banks are at all time low ~ Collier County Budget eut of $80,000,000 ~ Emergency Services will be effeeted ~ Volunteers are needed for Library and After School Programs The Committee thanked Commissioner Coletta for the information. Additionally they vision a new path to being an effeetive Board for the Community in memory of Jim VanFleet. Discussions continued and the following was noted: o Golden Gate - Highest rate offoreclosures o Pereeives that builders are hiring arsonists to eliminate debt o High pereentage of thefts are eommitted by the employees of builders o Suggested using a loeal realtor to manage foreclosed homes o Suggested utilizing youth offenders on probation - in addition it would provide support to eomp1ete the eommunity service requirement . Michael Sheffield reviewed IV: Comments /Announeements B. DiscussionlNominations for HAAB Chairman The floor was open for nominations for Chairman and Viee Chairman for the effeetive January I, 2009. * Cosme Perez nominated Valaree Maxwell as Chairman Raymond Cabral as Vice Chairman Diseussions ensued and it was agreed that David Correa will remain as acting Chairman for the remainder of2008. Raymond Cabral moved to keep David Correa as acting Chairman until the end ofthe year (2008.) Second by Renato F. Fernandez. Motion carried unanimously 7-0. * Renato F. Fernandez nominated Manuel Gonzalez as Chairman * Valaree Maxwell nominated Manuel Gonzalez as Viee Chairman * David Correa nominated Valaree Maxwell as Viee Chairman Nominations are now closed for Viee Chairman. All those in favor of Raymond Cabral please raise your hands. 7 for Raymond Cabral- Raymond Cabral is Vice Chairman. Nominations are now closed for Chairman . 3 161 1 frio October 23,2008 All those in favor ofValaree Maxwell please raise your hands. 5 for Valaree Maxwell and 2 for Manuel Gonzalez - Valaree Maxwell is Chairman. IV. Comments / Announcements - Reviewed under III A. A. Applications for the current HAAB vacancy are due in the Board Office by 10/30/08 B. Beeause of Thanksgiving, the next HAAB meeting will be held a week earlier on November 20,2008 III. Public Comments None ***** Being no further business for the good of the County, the meeting was adjourned by order ofthe Acting Chairman at 7:09 P.M. COLLIER COUNTY HISPANIC AFFAIRS ADVISORY COMMITTEE 1) ;() l David Correa, Acting Chairman These Minutes approved by the Board/Committee on as presented .~. or as amended j-j) ". l_/ ' ---J....--_' 4 RECEIVED JAN 1 2 2009 Fiala Halas Hennin Coyle Coletta 61 ltri( Board of County Commissioners ISLES OF CAPRI FIRE/RESCUE ADVISORY BOARD MEETING MINUTES DEC. 4, 2008 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Bill Rafeldt, Advisory Board Member Ted Decker, Advisory Board Member Jim Gault, Advisory Board Member Kevin Walsh, Resident Bill Sehmidt, Resident Barbara Shea, Minutes Preparer I. CALL TO ORDER Kirk Colvin opened the meeting at 6:30 p.m. II. OLD BUSINESS A. Chief's Report B. Nov. 2008 Advisory Board Meeting Minutes I. Copy of Minutes distributed. 2. Minutes approved by all Advisory Board Members. 3. Kirk Colvin approved and signed Nov. 2008 Minutes. C. BBC workshop on ALS Engine Program I. To be held 9AM-Noon on Dec. 8. 2. Joe Langkawel and Chief Rodriguez to attend. D. Ted Decker was thanked for his partieipation on Firefighter Oral Board. I. 90 applications were reeeived for the open firefighter position. 2. 13 interviews were held. 3. ICFD reservist, Zae Klotz was selected for the positiOlMisc. Cooes: Date: 0 l'D 09' Item #.l01.L I A \ 1 161 lA-I) E. Chief Rodriguez attended a special BCC/Marco Island City Council meeting. I. Discussed MI taxes paid to Collier County vs. County serviees received. 2. All agreed to form a committee to study all M.l. transfers of funds. 3. ICFD Mareo Island mutual aid assistance was not diseussed. III. NEW BUSINESS A. ICFD & EMS completed 3 day HazMat Response training Dec. 2-4. 1. All ICFD firefighters obtained this HazMat II eertification. 2. ICFD ean now supply 2 Hazmat responders at all times. 3. Our ambulance unit is equipped to respond to ealls in & out of county. B. ICFD Christmas Party will be held at 6PM at the Capri Fish House on 12/10. C. Kevin Walsh has applied for the last vaeant Advisory Board member position. I. Kirk Colvin made a motion to approve Mr. Walsh's appointment. 2. Ted Decker seeonded the motion. 3. Mr. Walsh was unanimously approved for his new 2 year term. D. The next ICFD Advisory Board meeting will be Jan. 8. IV. ADJOURNMENT The meeting was adjourned at 7:05 p.m. Date: / / Bf Dct 161 lId! ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA December 4, 2008 eHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT e. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Approve last months min. Meeting with the Bee on the ALS Program NEW BUSINESS Vote on I new Board Members 161 1 ft-{f CHIEF'S REPORT December 4, 2008 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent avenu!e reSDonse time of3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the fietd. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free btood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) Call TVDe In-Disfriet OukJf-District I NIonthIv Total I YTD Fires: Structure 0 1 I 1 I 6 Vehicle 0 0 0 1 Brush 0 0 0 12 A1anns: Fire Alarms 2 27 I 29 I 433 Medical Alarms 0 0 0 0 Medical: Ambulance Calls 13 3 I 16 I 104 Vehicle Accidents 1 1 2 20 Medical Assists 0 0 0 1 Haz-Mat: Haz-Mat Calls 0 0 I 0 I 9 Power Unes Down 0 0 0 2 Marine: Boat Fire 0 0 0 0 EMS via water 0 0 0 21 Dive Rescue 0 0 0 0 Search & Rescue 2 0 2 4 Marine Assist 0 0 0 0 Note: In-District includes all Marine calls in District 01 (Collier County Waterways) Co~T County ~~- s~( 16' 1 Jr./? RECEI\1EIY JAN 1 5 2009 Board of County Commissioners Memorandum Fiala -lJP"/31- Halas ,/ "J$- Henning I Coyle v Coletta ~- To: Sue Filson, Exeeutive Manager, Board of County Commissioners Alexandra Sulecki, Conservation Collier Program Coordinator ~ From: Date: December 10,2008 Subj ect: Transmittal of approved signed Minutes from the November 10, 2008 Conservation Collier Land Aequisition Advisory Committee Meeting Please find attaehed the following: . Approved, signed Minutes from the November 10,2008 Conservation Collier Land Acquisition Advisory Committee Meeting Please call me at 252-2961 if you have questions. Environmental Services Department Community Development & Environmental Services Divis/ok :::~~l 0 109 ltemf1J~M I'd- 16l 1 ,4/~ Deeember 8, 2008 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, December 8, 2008 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM, in REGULAR SESSION at, Collier County Development Community Services, Conference Room #609/610 2800 N. Horseshoe Drive, Naples, Florida, Naples, Florida with the following members present: CHAIRMAN: Bill Poteet Will Kriz Marco Espinar Wayne Jenkins Michael Delate Tony Pires Jeffrey Curl Mimi Wolak Jon Staiger ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney Cindy Erb, Real Property Management Alexandra Sulecki, Conservation Collier Coordinator Melissa Hennig, Principal Environmental Specialist Christal Segura, Conservation Collier Land Manager Annisa Karim, Environmental Specialist 1 Decem!r92t08 1 If /~ I. Roll Call Chairman Poteet called the meeting to order at 9:07AM. Roll eall was taken and a quorum was established. II. Approval of Agenda Mr. Jenkins moved to approve the agenda. Second by Mr. Delate. Carried unanimously 8-0. III. Approval of November, 102008 Minutes Mr. Kriz moved to approve the millutes of the November 10,2008 meeting. Second by Mr. Jenkins. Carried unanimously 8-0. IV. Old Business: A. Confirm Attendees for 1-23-08 CREW Tent Meeting Chairman Poteet indieated hc would attend. Mr. Pires noted he may attend. Ms. Wolok arrived at 9: J 2AM B. Program financial status update - Staff Laura Davisson, Collier County Office of Management and Budget provided the doeuments "Conservalion Collier Land Acquisilion Fund (J 72) Financial Snapshot" and "Conservalion Collier Land Ad Valorem Revenue Forecasl" dated Deeember 8, 2008. She noted the following: . After the purehase of Pepper Raneh, there is approximately $3.2M available for FY '09 Land Aequisition ($2.7M available at the end of the ealendar year excluding 15% for maintenanee). . The figure aceounts for aequisitions approved by the Board of County Commissioners and those on the Deecmber 16, 2008 Board of County Commissioners agenda. . It is estimated the Program will reeeive approximately $27M over the ncxt 4 years for land acquisition. . The debt serviee for FY 2009 is $4.5M due 1/1/09 and $782,000 due 7/1108. . The 2008 series bond is a total of$14.7M. . $7M ofliquid assets was utilized for the purehase of Pepper Raneh. . Total bonded to date is approximately $46.5M with the voters approving a maximum bonding amount of$75M. It was noted the bonding opportunities for the Program are shrinking due to the previous eommitments and the Program's sun-setting requirement whieh affeets the potential revenue stream for finaneers. C. Real Property Management Update - A - list properties Staff provided the following updates: Kave Homes - Closed on 12/1/08. 2 161 1 AlZ, December 8, 2008 Rivers Rd. - Closings this month, (Cangialosi, Maloney, Steams, ete.) Trinh/Mcllvane Marsh - Closing this month. Camp Keais - Agreements on the BCC agenda for 12/16/08; additional agreements offered today for Conservation Collier approval. Unit 53 - Closings upeoming Winchester Head - Closings upeoming. Cindy Erb, Real Property Management reported the property owner of a 2.27 acre pareel aeeepted an offer on November 26, 2008. She requested direetion from the Committee if the Program should proeeed on aequisition of the pareel. Ms. Wolok moved to move forward on acquisition of the parcel. Second by Mr. Staiger. It was noted Staffwill verify the validity of the required property appraisal. Motion carried unanimously 9-0. Pepper Ranch - Closing on 12/29/08. RJS, LLC. - Offer to be tendered this week with a eondition of closing in March, 2009. D. Contracts 1. Unit 53 - Berman, Canales, Hinz Cindy Erb, Real Property Management presented the following Exeeutive Summaries dated Deeember 8, 2008 and attached agreements: "Approve an Agreemenl for Sale and Purchase for 1.14 acres under Ihe Conservalion Collier Land Acquisition Program, al a cosl nol to exceed $18,700 (Berman). " "Approve an Agreemenl for Sale and Purchase for 5.0 acres under Ihe Conservalion Collier Land Acquisilion Program, al a cosl nollo exceed $80,300 (Canales)." "Approve an Agreemenl for Sale and Purchase for 2.27 acres under Ihe Conservalion Collier Land Acquisition Program, al a cosl nollo exceed $36.800 (Hinz). " Mr. Delate moved to approve all three Executive Summaries (as noted above). Second by Mr. Espinar. Carried unanimously 9-0. 2. Winchester Head - Balinski, Perrone, Zell Cindy Erb presented the following Exeeutive Summaries dated December 8, 2008 and attached agreements: "Approve an Agreement for Sale and Purchase for 1.59 acres within Ihe Winchesler Head Multi-parcel Projecl under the Conservalion Collier Land Acquisition Program. al a cosl nollo exceed $26, 750 (Balinski). " 3 161 1 A / 2.---- Deeember 8, 2008 "Approve an Agreemenl for Sale and Purchase for 1.14 acres within Ihe Winchesler Head Mulli-parcel Projecl under Ihe Conservalion Collier Land Acquisilion Program, al a cosl nollo exceed $19,300 (Perrone, Tr.)." "Approve an Agreemenl for Sale and Purchase for 5.0 acres within Ihe Winchesler Head Multi-parcel Projecl under Ihe Conservalion Collier Land Acquisition Program, al a cosl nollo exceed $82,800 (Zell)." Mr. Delate moved to approve all three Executive Summaries (as noted above). Second by Mr. Espinar. Carried unallimously 9-0. 3. Camp Keais Strand - Dinda/Walsh Cindy Erb presented the following Exeeutive Summary dated December 8, 2008 and attaehed agreements: "Approve an Agreemenl for Sale and Purchase for 5 acres under Ihe Conservalion Collier Land Acquisilion Program, al a cosl nol to exceed $13,100 (Dinda/Walsh). " Mr. Espinar moved to not approve the above Executive Summary, as there is 110 public access or use of the parcel. Second by Mr. Kriz. Chairman Poteet recommended delaying a deeision on the aequisition based on Board of County Commissioner's input to the Committee. Motion carried 8 "Yes" - I "No". Chairman Poteet voted "no." E. Conveyance Proposal Updates Alex Sulecki, Conservation Collier Coordinator provided the following updates: Caloosa Reserve - none. Benfield Road - reeeived an email from the owners on November 18, 2008 withdrawing the pareels from conveyanee to the Program. No speeifie reason was provided. The Committee requested Staff to eontact the owners and determine the reason for the withdrawal. F. Starnes Panther Habitat Units (PHU's) - Staff report from December 2nd BCC meeting Alex Sulecki noted at the Deeember 2, 2008 BCC meeting 3 options were presented for the eost of the PHU's to be reimbursed to the Conservation Collier for County mitigation: 1. No charge for the units. 2. Cost of land actions required above and beyond typiea1 Collier Conservation Land Management plus 25% oftypiea1 Grant funding ($372/PHU). 4 16' 1 Deeember 8, 2008 Aft- 3. As proposed by Conservation Collier, cost ofland aequisition and management, however this option was more than the eontract price ofPHU's. The BCC direeted Staff to utilize option number 2, however to monitor the costs and adjust as appropriate. It was noted this option will generate approximately $722,000 of funds for the Program. Speaker Brad Cornell, Collier County Audubon Society, noted endorsement of option 3. He reeommended as the Program moves forward (Pepper Raneh, etc.) the loss of potential Grants be faetored into the reimbursement costs for mitigation eredits. V. New Business A. Members conflict of interest Mr. Pires noted a eonfliet with the Su pareel and has previously filed the necessary memorandum. B. Final Updates and Cycle 6 Ranking Alex Sulecki provided an overview of the ranking proeess for the aequisition list noting the following: . A-list properties are aetively pursued by Staff for aequisition and given priority rankings. . B-list properties are of interest, but not actively pursued by Staff and are automatieally re-ranked and eonsidered in the next eyele unless removed for eonsideration by the owners. . C-list will not be pursued but may be re-nominated by owners in future eycles. Mr. Espinar noted the County Attorney's Offiee indicated he had no eontliet with the Stirns parcel. Speaker Brad Cornell, Collier County Audubon Society reeommended plaeing the Su pareel on the "A-list" due to its environmental and edueational value. Placing the Gore pareel on the "A or B list" due to its wildlife eorridor value, however he noted it may be a candidate for mitigation for the proposed 1-75 interehange. Plaeing the Rivers Rd. properties on "at least the B-list." Amber Crooks, Conservancy of Southwest Florida recommended plaeing Su on the "A-list" due to Manatee and Gopher Tortoise habitat. Kirby and Murphy properties on the "A-list" due to its close proximity to the Naney Payton Preserve. She recommended not acquiring the Stirns pareel in the Rivers Road area as it is not as environmentally sensitive as other pareels in the area and eontains structures. 5 161 1 Deeember 8, 2008 4/2--- Paul Consentino, landowner requested his properties be placed on the "A-list" and indicated he will remove any existing debris on the properties at his expense. Jim Culkar, Delasol Home Owners Assoc. reiterated the Association' previous position in opposition to acquisition of the Devisse (Euclid Ave.) pareelunless development is loeated on the Southerly end of the property. He noted the owner has obtained a permit for a drive and home eonstruetion from Florida Department of Environmental Protection issued December 4, 2008. This permit requires the wetlands to be left in a natural state and the Association prefers this alternative and requests the pareel be plaeed on the "C-list." Fred Kermani, representing the owners of the Su parcel noted there is a possibility of owner financing for the property. Bart Zino, Heritage Way Resident indieated he objeets to the aequisition of the Devisse (Euclid Ave.) pareel and recommends it be placed on the "C-list" due to a potential nuisanee factor of a Pub lie Park in the neighborhood. David Hilton, representing Virginia Devisse provided a brief history of the property including issues in acquiring legal access and noted a permit has been issued for eonstruction of a home and driveway. In addition, adjaeent property owners should not be dietating whieh properties should be identified for Conservation acquisition and use. He requested the pareel be placed on the "A-list." Dr. Robert Gore, landowner (69 folios) noted he has been the steward of the properties for 20 years and outlined the environmental benefits of the parcels. He would eonsider transferring the 10 aere pareel eontaining the residenee to the Program with a life estate agreement. In addition, he would consider severing the two parcels in the northeast area near the "test traek" from the aequisition eonsideration. Alex Sulecki provided final updates on the properties under eonsideration noting the following: . 1-75 - property values have deereased from the appraised $16,000/aere to approximately $ 13,OOO/aere. No final decision if the 1-75 aeeess will be eonstrueted. . Rivers Road - structures may be re-located, however it is not economieally practical. The Transportation Department indicated Moulder Drive may not be paved as a driveway for publie use. It was noted the Committee may reeommend a Land Development Code amendment for the Program's aeeess drivcs. . Devisse (Euclid Ave.) - the eonservation easement underlying the aeeess easement was released by South Florida Water Management Oistriet. The BCC returned the Delasol Park property to the Delasol Homeowners Assoeiation. 6 16~ 1 ir/~ December 8, 2008 Cycle 6 rankinl!s An "Active Acquisilion Lisl Worksheel - Cycle 6" (whieh alphabetieally listed the pareels numbered 1-26) dated Deeember 2008 and "Conservalion Collier Properly Summary" dated November 10,2008 was provided for assistanee in ranking the properties. Gore(#15) Diseussion ensued on the merits of aequiring the parcel and the status of funds available for acquisition. Ms. Wolok noted at this time in the process, the properties should be ranked on eeological value and prioritized. Available funding should be addressed at a later date when necessary. Mr. Staiger noted diseussing the bonding and funding eapability is premature and the property should be slated for aequisition based on its eeologieal benefits. Mr. Kriz moved to place the Gore property on the B-list. Second by Mr. Pires. Motion carried 7 'yes" - 2 "no". Mr. Staiger and Ms. Wolok voted "no." 1-75 Properties (#'s 1-7, 12-14,18,20,26 - ALM LLC, Argay, Arias (2), Ayra, Berman Trust, Blake Trust, Faust, Fernandez, Gascon" Mayr, Mohabir,Velez). Mr. Espinar moved to place the /-75 properties listed above on the B-list. Second by Mr. Pires. Motion carried 8 'yes"-/ "no". Ms. Wolok voted "no." Rivers Road properties (#'s 8,9,11 and 22 - Consentino (2), Devisse, Paganes) Mr. Delate moved to place the above Rivers Road properties on the A-list. Second by Mr. Staiger. Discussion ensued on the Rivers Road Stirns parcel and its merits and eonditions for acquisition Speaker Lou Stirns, landowner addressed the Committee noting the pareel is aetually 10 acres (as opposed to the listed 9.7 aeres) and he was willing to remove the struetures and fill in the pool, ete. as required at his expense. He also noted the septie tank is 1250 gallons. Mr. Pires called for the question. Chairman Poteet polled the Committee who unanimously supported Mr. Pires' request. Carried unanimously 9-0. Rivers Road (#24 Stirns) Mr. Pires moved to place the Stirns parcel on the A-list with the condition of requiring the removal and/or filling in of unneeded structures (house, pool, etc.). Second by Mr. Espinar. 7 161 1 If /~ Deeember 8, 2008 Diseussion ensued on the merits of the Program acquiring a paree1 eontaining numerous improvements. Motion carried 5 ')1es" - 4 "no". Chairman Poteet, Ms. Wolok, Mr. Delate and Mr. Kriz voted "no." Devisse (#10 Euclid Ave.) Mr. Kriz moved to place the Devisse property on the C-list. Second by Mr. Jenkins. Carried unanimously 9-0. Jovce (#16) Mr. Jenkins moved to place the Joyce property on the A-list. Second by Ms. Wolok. Carried unanimously 9-0. Kirbv (#17) Mr. Espinar moved to place the Kirby and Murphy properties (#'s 17 and 21) on the A-list. Second by Mr. Curl. Discussion ensued noting the properties should be eonsidered separately. Mr. Espinar amended the motion to place the Kirby parcel (#17) on the A-list. Second by Mr. Jenkins. Motion carried 5 ')1es - 4 "no." Chairman Poteet, Ms. Wolok, Mr. Pires and Mr. Delate voted "no. " McGinnis and Purpero (#'s 19,23) Chairman Poteet moved to place the McGinnis and Purpero properties on the B-list. Second by Ms. Wolok. Chairman Poteet noted this is the only property proposed in Distriet 3 as the Ordinanee requires property representation in all Distriets. In addition, the parcel provides public visibility opportunities and meets the Programs requirement for providing green spaee Discussion ensued regarding the merits of the aequisition with regard to the pareels close proximity to urban roadways (the intersection of Pine Ridge Road and Logan Blvd.) and concern over the laek of eeologiea1 value. Motion failed 4 ')1es" - 5 "no." Mr. Delate, Mr. Espinar, Mr. Kriz, Mr. Jenkins and Mr. Curl voted no. Mr. Espinar moved to place the McGinnis and Purpero properties on the C-list. Second by Mr. Curl. 8 161 Deeember 8, 2008 Motion carried 6 'yes" - 3 "no." Chairman Poteet, Mr. Staiger, Mr. Pires voted "no. " Murphy (#21) Mr. Pires moved to place the property on the A-list. Second by Mr. Delate. Motion carried 7 'yes"- 2 "110." Chairman Poteet and Mr. Kriz voted "no." Mr. Pires left al 11: 18AM. Su (#25) Mr. Kriz moved to place the property on the C-list. Second by Mr. Delate. Diseussion ensued noting the property is favorable as it is located in close proximity to a school (Manatee Elementary and Middle Sehool) and its bigh eeologieal value. Motion carried 5 'yes" - 3 "110" with 1 abstention. Chairman Poteet, Ms. Wolok and Mr. Curl voted "no." Mr. Pires abstained. Mr. Pires returned a111:21AM A-List Prioritization Rivers Road - (Consentino (2), Devisse, Paganes and Stirns - #'s 8,9,11, 22 a11d 24) Mr. Pires moved to prioritize the Rivers Road properties of Consentino (2), Devisse, Paganes and Stirns (#'s 8,9,11, 22 and 24) as A-1 subject that the owner of the Stirns parcel clean up and remove the structures as necessary. Second by Mr. Staiger. Carried unanimously 9-0. Joyce (#' 16) Mr. Jenkins moved to prioritize the Joyce parcel as A-I. Second by Mr. Espinar. Carried unanimously 9-0. Kirby and Murphy (#'s 17,21) Mr. Kriz moved to prioritize the Kirby and Murphy parcels as A-2. Motion carried 8 'yes" -1 "no". Mr. Pires voted "no." Mr. Staiger moved to approve all Cycle 6 ranking a11d Prioritization actions taken by the Committee. Second by Mr. Espinar. Motion carried 7 'yes" -1 "no" with 1 abstention. Mr. Pires abstained. C. Outstanding Advisory Committee Member Program None. 9 1 4/2--- 161 1 ,4/~ Deeember 8, 2008 D. Coordinator Communications Alex Sulecki noted the following: . She attended the Ross Show sponsored by the Collier Building and Industry Association whieh outlined the status of real estate values in the area. . She has received a request from Veriseope to aecess the Pepper Ranch property to film scenes for National Geographie. They will pay a fee of $1000 for use of the property. The request will follow a standard County proeedure for allowing publie aeeess to a property. Maggie McCarty of the Collier County Film Commission noted the property has previously been used in this eapaeity and would market any of the Programs properties in the future if so desired. . The Board of County Commissioners has approved a mileage reimbursement for Advisory Board members traveling more than 20 miles to meetings. . The Collier County TV channel is moving to ehannel 97 on Dee ember 16, 2008. . Clarenee Tears of the South Florida Water Management Distriet will be plaeed on a future agenda to diseuss Distriet priorities in relation to the Program. VI. Sub-Committee Meeting Reports A. Outreach - Tony Pires, Chair Previous meeting was caneelled and will be reseheduled. B. Lands Evaluation and Management - Marco Espinar, Chair Meeting immediately following this meeting to diseuss Pepper Ranch. C. Ordinance Policy and Procedures - Will Kriz, Chair None. VII. Chair Committee Member Comments Mr. Espinar noted the Program should propose a Land Development Code amendment for aeeess standards to Conservation Collier properties. It was determined suggested this should be addressed by the Ordinance, Poliey and Proeedures Subeommittee. Mr. Pires noted the County should eonsider providing proper notifieation (eonstructive notiees, etc.) to property owners with development orders affeeted by Management aetivities (eontrolled burning, ete.) conducted in aceordanee with Conservation Collier Management Plans. VIII. Public General Comments None. 10 161 lA-/~ Deeember 8, 2008 IX. Staff Comments Alex Sulecki congratulated Chairman Poteet for being named 2008 Golden Gate Citizen of the Year. Christal Segura, Conservation Collier Land Manager served notiee that the first preseribed burning on the Nancy Payton Preserver will be this week or next, weather permitting. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:41 A.M. Conservation Collier Land Acquisition Advisory Committee ~/ / These minutes approved by the Board/Committee on as presented or as amended V-. / - /'J. -09 @ ]1 Fiala ~ tJ"/'1 H /.<'~ Halas. 91 Henning ~ coyle: // CmUfles, ~mber 9, 2008 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at lO:OO a.m. in the Headquarters Library with the following members present: RECEIVED d'C r- / JAN 2 2 2009 / .-J ( - '- - ",,",d uf County c0156e'1 1 It J Q CHAIRMAN: Doris J. Lewis VICE-CHAIRMAN: Loretta Murray Connie B. Hennink Karen Louwsma Andrew Reiss ALSO PRESENT: Marilyn Matthes, Library Direetor Linda Fasulo, Exeeutive Direetor, FOL Roberta Reiss, Literaey Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or eorrections to the minutes of Oetober 21, 2008. There being none, Mrs. Hennink moved, seeonded by Mr. Reiss and carried unanimously, that the minutes be approved as submitted. LITERACY PROGRAM REPORT Mrs. Reiss reported the following events: I). One of her students beeame an American eitizen. 2). Tutor training for 'Sehool on Wheels' is going very strong. Some tutors at Lely High Sehool are tutoring illiterate adults in their own language. 3). Lastly, she reported that the other regular literacy programs are pretty busy, also. UNFINISHED BUSINESS The Board reeeived the nominations submitted for seleetion of the Library's Employee of the Month. Mrs. Murray moved, seeonded by Mrs. Louwsma and carried unanimously, to seleet Roberta Reiss, Literaey Coordinator, as EOM for the month of November. Then, Mrs. Murray moved, seeonded by Mrs. Hennink and earried unanimously, to se1eet Kathleen Dolan, Referenee Librarian at HQ, as EOM for the month of Deeember 2008. In referenee to the South Regional Library eonstruetion, Mrs. Matthes reported that the library is 99% completed. She brought some panel samples and pictures of ehairs being eonsidered for purehase. Also, the staff is in the process of buying books and furniture. Advertising for staff will start in February. The Friends have invited the Media to attend an Open House at the South Regional Library on Thursday, December 12th from 9:30 to I I :00 a.m. All Library Board members were also invited. Mite. Cones' Date: DJ..tl f) I 09' Item .J lQ Ii \)4 l ~ :opies to 161 lk(j In referenee to the Envision Ware Program, Mrs. Matthes stated that this software has been installed at four library branches already. It has not been a smooth proeess since the system keeps losing eonneetion to the printers. Staff is working on it. No eharges have been implemented yet. NEW BUSINESS In regards to LAB recommendations to the BCC for new members, Mrs. Murray reeommended that the eurrent Chair, Doris Lewis, be re-elected for District 4. Mrs. Louwsma seeonded the motion. Mrs. Louwsma reeommended that Roehelle Z. Lieb from Distriet 5 be seleeted to replace her. Mrs. Hennink seconded the motion. The motions were unanimously approved. GENERAL CONSIDERA nONS - None DIRECTOR'S REPORT Mrs. Matthes diseussed the grant (ICMA) she's applying for. It'll be late January or February before she knows if it's approved. The Library Policies eonsidering fee charges for the use of the publie eomputers will be going to the BCC for approval sometime in January. In reference to the Rose Hall eonstruetion at the Mareo Island Braneh, Mrs. Matthes reported that the Mareo Island Chapter of the Friends has agreed to mateh the funds for this projeet. The Peliean Bay Property owners have eleeted Mr. Jim Carter, past eommissioner, to raise funds to keep the Vanderbilt Beaeh branch open. Another Retirement Ineentive is being proposed for County staff. The Library was able to replace one staff member at the Golden Gate Braneh. Mrs. Matthes was given the go ahead to replaee a referenee librarian at HQ through the Job Bank, whieh means no benefits offered. The budget for next year will be redueed by 10%. REPORT OF THE FRIENDS Mrs. Fasulo reported that the annual Sock Hop will be taking plaee at the new South Regional Library on Friday, Deeember 12th There will be ruffles and other surprises. A one-aet play presented by Christopher Councill, a Broadway Star, will take place on February 8th at 8:00 p.m. at the South Regional Library. The tieket priees are $40.00, with discounts for FOL members. Mrs. Fasulo also announeed that the Lecture Series is already sold out. Among the speakers are Debra Dean and Lisa Jaekson. Mrs. Fasulo eneouraged all board members to become members of the Friends. 161 ADJOURNMENT Mrs. Matthes thanked Mrs. Louwsma and Mr. Reiss for their serviee to the Library Advisory Board. There being no further business to eome before the Library Advisory Board, Mr. Reiss moved, seeonded by Mrs. Louwsma and earried unanimously, that the meeting be adjourned. Time: 11: 15 a.m. Approved by: 0~~~ c) Doris J. Lewis Chair, Library Advisory Board 1 Af3 RECEIVED JAN 1 3 2009 Fiala ~ Halas /!-~ Henning \/ ~ Coyle Coletta ~ --- ~(;d((i of County Commissioners THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD ON DECEMBER 8, 2008 In attendance were the following: Alan McLaughlin, Fire Chief Mitchell Roberts, Chairman Copeland John Pennell, Plantation Island, Advisory Board Member James Sinul1ons, Port of the Islands, Advisory Board Member The mceting came to order at 6PM. APPROVAL OF MINUTES: Mitehell Roberts made a motion to accept the minutes as read it was seeonded by Jolm Pennell and was passed. OLD BUSINESS 1. DOT Letter Chief McLaughlin - He said the DOT letter is completed as per their request and is ready for them to approve and for the Chail1l1an's signature. Upon its approval the Department will make sure that copies are sent off to the Board of Conunissioners and the appropriate DOT Personnel as mcntioned in the letter. [vlitchell Roberts read the letter aloud as per the attached. A motion was made by John PelUlell for the Chairman Mitchell Roberts to sign the letter read aloud and attached here in it was seconded by James Simmons and passed. Chief MeLaughlin suggested to may be sending a eopy to the State Legislature of our area and the governor. Mitchell Roberts said that is a good possibility. He suggested that maybe send this one off and if we don't get a response back in a timely marmer and if we don't send a copy of the letter letting them know we did not l'eeeive a response. Chief McLaughlin said this is taking it to the next level. Mitchell Roberts said that the letter is cc to Dan SunUl1ers and the Board of County Commissioners. He asked for a suggestion as to the cc list. 1M Misc. Cooes: Date Dd'{l 0 l D9 'tern #lQJ: L lj4 I Lt--' Page I 161 1 A\~ James Simmons asked who we were sending it to. Mitehell Roberts - We are currently sending it to the Assistant Secretary of engineering and Operations for Florida DOT. The initial letter was directed to the head of the Florida DOT but she pushed it down to him. Chief McLaughlin - Because it is an issue may be the letter should be sent to the legislator to let tbem know there is an issue down here you may get a better response, Mitchell Roberts said maybe we should send a copy to the head of Florida DOT. Chief McLaughlin said this is a politieal issue obviously awareness is the key if you get more people who are in power they can enact ehange. Somebody at this level is making the decision based on the policy of the DOT. Mitchell Roberts made a motion for the DOT Letter to be sent to Stephanie C. Kopelousos and to om State Representative it was seconded and passed. Mitchell Roberts is worried that when the Port of the Islands station opens with half the personnel and one ofthe trucks there the eoverage will lessen in Everglades City it could be LlI1protected for 10 to 15 minutes where now it's only scconds. The structlll'CS hcrc will burn a lot fastcr than the ones at the P0l1 of the Islands. Chief McLaughlin - This is the issue as a Fire Service Manager loosing the fire protection that the citizens are paying for to eover a transient population that is not compensating for the service. It is a bigger burden than a financial issue it has become a fire life salety issue because when the fire protection leavcs here there is nOBe. Some onc will have to address that because the eitizens are Bot getting what they are paying for. 2. Gym Equipment Chief McLaughlin- Still waiting for the Stair Master he explained that we had to J'C-order due to the fact the company would not accept a plll'ehase order for payment so special permission had to be obtained to place it on the County Visa Card. They re-build these units when ordered so we are looking at possible the end of the year or the first of January 2009 then we will be all done with our gym equipment. Page 2 161 1 A-I~ OCHOPEE FIRE CONTROL DISTRICT PO BOX 70 EVERGLADES CITY, FL. 34139 December 8, 2008 Kevin J. Thibault, PE Assistant Secretary for Engineering & Operations Florida Depm1ment of Transpoliation 605 Suwannee St. Tallahassee, FI. 32399-0450 Mitchell Roberts, Chairman Ochopee Fire Control District Advisory Board c/o Ochopee Fire Control District PO Box 70 Everglades City, FI. 34139 Re: Responding to Letter ofOetober 21, 2008 as per Attaehed: Dear Mr. Thihault, Along with the reply sent on 10-21-08 I havc also attached some inJi:mnation1 obtained as to increasing the toll to pay for more Florida Highway Patrolmen. How is it thai per your correspondence "it does not appear that the dcpmiment has the clear authority to use thc funds we would receive from the Alley Proposal for this purpose" as in a Fire RcselLe facility on 1-75 when per the at[ached information tolls were raised on 2-5-05 from $1.50 to $2.00 for Sun Pass users and $2.50 for eash users f(]r automobiles to fund Troopers starting 7-1-06. I-low it is that toll funds can be used j(lr this purpose but not for Fire Rescue Services which are being provided at the costs to taxpayers in the Distriet and when personnel and equipment rcspond to 1-75 lessens their serviees. Our District pays the highest millage rate in Collier County for onr Service. With budget constraints this is putting a big hit on the Departments financial stahls especially when 30% to 40% of our call load is on 1-75 there is a need for a station on this highway just like there was a need to increase Troopers this is a lifc safety issue. I would like a better explanation as to why on one hand you can raise the toll for more Troopers but when you have an additional Life threatening situation it can't be done. Olll' apparatus and EMS have to travel fi'OlJ1 Everglades City making the one way Trip approximately 45 minutes that is not conducive to saving lives in a life threatening situation on 1-75 <lI1d there arc many. Page 1 16l I feel more information is needed to draw a final conclusion and I believe duc to all the activity in the way of aecide.nts tbis is a serious situation and should be addressed as such. Thank you for your eousideration coneerning this matter. Sincerely, ---.-----... ---7 --::;--.-;--~- ~:::""--,,,-~--,~ .~--~-~~.../?-_._"<~--- ,,"_""7. p>r>~/ ,..':--.. . _~ -, ~</0";;Z~'-;:c':::~>' G~~) .// / //;;::/;y ".7. // . '--.- f/ ~. Y 7 .>"^"" '~""- Mitcbell Roberts, Chainnan Ochopee Fire Control Distriet Advisory Board cc: Board of County Commissioners Dan Snlluners, Bureau of Emergcnc)' Services Director Page 2 1 A'l~ 161 Florida Department of Transportation CHARUE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399.0450 STEPHAN1E C, KOPELOVSOS SECRETARY October 21, 2008 Mr. Mitchell Roberts, Chairman OchoJlee Fire Control District Advisory Board 201 Bnekner Avenue Ochopce, FL 34139 Dear Chairman Roberts: Secretary Kopelo\lsos has asked that 1 respond to YOUI' rccent letter to her concerning the funding of Fire and Emergency Services for Collier County. As mentioned previoLlsly to Captain Les Williams of Collier COLlnty Emergency & Fire Services, it does not appear that the department has the clear authori ty to use the funds we would receive from the Alley proposal for this purpose. Florida Statutes (specifically FS. 338.165(2)) dictates that revenues beyond thc opcration and maintenance of the facility 'shall be 1!sedjol' the cOJ'islmclion. l!Ioinlenance, or improvement of an)' road on Ih" Slate Highway S)'slell1l1'tlhinlhe county 0)' counlies in which Ihe revenue-producing projeel is located.' Our ability, therefore, to partic.ipate in your proposal does not appear to be available. If YO\l sho\lld have any questions, please let me know. 1\ S~Ct'Z (':)J \~ily-: --,,-,- .. . \7 j'\~ KeGl J. Thibault, P.E. Assistant Secretary for Engineering & Operations KJT/pc cc: Secretary Stephanie K.ope1o\lsos PI"'''' ~hl" ch:~ra fl ",.,. 1 itlLf I Fk~ vU uN) / IrLL i&IY7{'}/!.' f0J 1[0'/" (",/11 (Jo 'Y' vJ{}3j ,'10{ 16 ~lAL~ j~'f2t(L\! t1:5r<t;D (Que'S )-tOI-1..5 (F PlC!).~ .~ f'e;{)!sl::'O az '7 ""'2'5' Q: Will the private company that you lease the Alley to be American'l A: Possibly. Any Concessiol18ire that meets all the Department requirements will have an opportunity whether Americall or mnlti-national. Q: If the state is already making a profit off the tolls from Alligator Alley, why give it away'! A: The leasing of the Alley allows the Departmcnt to receive significant upfront funds for advancing other transportation projects tbat otherwise would be dclayed for several years. Q: If the Department will give a private Concessionaire the okay to raise the toll 011 tlle Alley, why doesn't the Departmelltjnst raise thel1lnow and let the state keep all that extra profit? A: An increase in tolls wonld only provide for a modest return on investment and not provide the large amount of upfront funds needed to advance important transportation projects. Q: Why is the lense for 50 years? A: The tinancialmodels that are being developed for this asset indicate that 50 years is the optimum term iength for a Concessionaire to have an equitable return on its investlnent. Q: I alll very concerned for the Everglades, Who will oversee this Concessionaire to guarantee that the Everglades are protected? A: The Department will directly oversee the Concessionaire to ensure that all requirements of any agreements are fulfilled, inc1nding regnlatory compliance and protection of Everglades National Park. Q: If the private Concessionaire damages the Everglades, what is .Florida's reconrse? A: The Department's agreement with the Concessionaire will include several escalatiug measures of recourse to ensure that the Concessionaire prevents or restores any damage to the Everglades original condition, inclnding monetary damages, default and ultimately termination of thc leasc. Q: Can we take the lease bac1r? And tln'ow them out of the country? A: Yes, there will be language. in the agreement to provide for termination of the lease under certain circumstances. No, the Departme.nt is not anthorized to throw companies out of the country. Q: When the slate raIsed the Alley tolls a couple of years ago, it was supposed to cover extra FHP Troopers. What is the sllltus of that'! A: TIte additional troopers were assigned and will cOl1tiune to be assigned. Q: If tolls are raised to $10,00 as reported by the media. where will it go? A: There are no present plans to have tolls reach SiD.OO in the inU11ediale fnlLlre. Toll increases on thc Alley will be subject to administrative rulernaking and will be expressly stated in the conccssion agreement. Funds the Depnrtment receives under the Concession will be used to reilnburse outstanding contractual obllgations, operate nnd maintain the facility, contribute to the Everglades Fund of the South Florida \Vater Management District, and accelerate constmction of much-needed transportation projects in Broward and CoWer counties. Q: Will the Alley's Road Rangers be fully funded with the increased tolls? A: This remains an open question at this time. Q: Why doesn't Florida have a state income tax? A: This is not a question to which the Department can respond. 01-2007 _Newsletter 16 I 1 1+ l~ Page l of 1 District J Traffic Jncident l'vlanagement (TIM) Teams were awarded a Certificate of Outstanding Achievement, in recognition of outstanding service to ITS in FIOlida for championing improved cnforeement and safety on Alligator Alley and Accident Investigation Sites (A1S) on future widening projects on 1-75. Increased law enforcement presence on 1-75 along Alligator Alley was a top priority for the TIM Teams in the District. A proposal which outlined the need and costs for the additional troopers IVas developed. It proposed to use toll revenue to fund the additional troopers. The District 1 Traffic Operations ITS Section championed this cause and prcscnted the proposal to FDOT Distlict 1 managcment. FDOT Distliet 1 worked with Turnpike Enterprise and Central Office managemcnt in an effort to get it approved. Through everyone's efforts, the tolls on Alligator Alley were raised for Ihe first time since 1969, for two axle vehicles, !-,"rti;,]ly to fund the additional t!Copel s. The Flodda Highway Patrol is currently in the proeess of hiting and training additional troopers. This will increase safe.ty for al1l11olorist& traveling along Alligator Alley. 16J 1 AI~ Chris Birosak ITS Program Manager I'jr. '#IF.,,''''. . \4 AI/-. SUMGUIDf' . Overview Existing Projects - Freeway Management Systems - Advanced Traveler Information Systems - Advanced TI'affic Management Systems . Higlllights Incident Management Program . Future ITS Projects 1 16/ 1 A-!~ Collier-Lee TIM Team Highlights - Funding for 14 Dedicated Troopers on 1-75 along Alligator Alley , Tolls l,aised on Feb, 5, 2006, from $1,50 10 $2JH) I'D' SunPass Users end $:2,50 fer Cash Users lor Automobiles . DHSlv1V has Budget Issue to Fund Troopers starting Joly 1, 200(1, Legis!21ture Must Approve This Session . FHP tlAust Hire and Train New Troopers - Accident Investigation Site6 (AIS) . I\pproved in Concept by FI-1VVA . Construction Plans Being Revised to Add to Golden Gate and Alico Road Intercnange Projects . Considering Addinq Sites for Other Upcoming 1-75 Capacity improvement Projects . Charlotte-Sarasota-Manatee TIM Team Highlights -. Sunshine Skyway Bridge Closure Signs , Raised Awareness and Coordinated EffOlis of FHP, FOOT, and Manatee County 10 Automate the Flashers on Warning Signs on South Side of Bridge 16J 1 ,4-14 3. Firet1ghter Physicals Chief McLaughlin- The physicals are schcdulcd for the 22"" and the 23d of this month they are very comprehensive. Per NFPA standards we are required to do physicals at a level that is well beyond what your nOllllallocal doctor would do we fOlmd a company to do it at a very good rate. This company is doing the physicals for North Naples Fire District, East Naples Fire District, Golden Gate Fire District, Marco Island Fire District, Isles of Capri Fire District and now our Department. These physicals take approximately three hours per person. These physicals will also include a full body scan and stress test also chcst x-rays and heavy metals testing will be done for a base line and repeated every t1ve years. Our personnel are exposed to a lot of hazardous materials and things of that nature if in 15 to 20 years down the road if some body develops something we could possibly track the exposure or at least when it OCCUlTed. We are up and running every one has their blood work paper work we are good with that. 4. Station 66 Clean Up Chief McLaughlin - They are priming today, they've put everything baek and have disinfected as well five more dead rats were found making the total 18. The smell from the dead rats is gone, new ceiling tiles were put in and the walls put back up. Next the floors need to be redone and the cabinets in the kitchen. There is a possibility of a donation of cabinetry through a new job banker. It's looking prelly good out there. The pest control company Massey was notified about placing rat boxes at Station 66 and still has not done so. He contacted Facilities Maintenance to let thcmlutow they still have not placed the boxes out there. He is unhappy with this situation he feels it should have been done it's been six weeks since they were notified. He is talking about getting some feral cats fj'Olllthe pound along with a feeder for them to keep down the rat problem Massey suggested this option. Big Cypress will be burning the under brush around the station so it's going to look a lot better out there and also help the problem. Mitchell Roberis asked with all this maintenance did they plug up as many of the whole as possible. Chief McLaughlin - They removed some things that were probably avenues then with the rat boxes that should do it. We are also going to put traps in the attic if we get them in there we call get them out then we will have a good grip on the rat problem over time. Mitchell Roberts felt more of a presence out there on a regular basis would be helpful. Chief McLaughlin ~~ We will be out there every week to stali up the generator. We didn't realize it was that much of a problem. We eliminated the termites which was the original problem. Page 3 161 1 AlL} 5. POli of the Islands Update Chief McLaughlin - He had the Executive Summary, attachments along with the 15 amendments for the sale at POli of the Islands. The bottom line is we expect this to pass on 12-16-08. We will be taking $600,000 out of Reserves, $180,000 out oflmpact Fees and an additional $100,000 or more for renovations. The architect originally told him it would cost $175,000 to renovate. He went hack and talked to various personnel at Facilities Maintenance and they agreed that he needed to subcontract individually instead of an architect ruling over all. We did find the engineer (hat did the building originally that will sign off on the structure pmi at a tremendous savings. The arehiteet has rejoined the project. He needs some one who can put in a door, two walls, a kitchen and a plumber that's the extent of it. I can subcontract these pieces out at a tremendous savings. Mitchell Roberts said therc is nothing structural at this point. Chief McLaughlin - The only structural thing is putting thc over head door in, there is no header. Mitchell Roberts ... There is nothing that's structural at that point. Chief McLaughlin - The only structural is putting the over head door in. Thcre is no header. Columns with a steel bend what ever they come up with they will covel' it up. The companies k.now the structural engineer that originally did the building. He has alrcady spoken to the AC company they will move the existing five ton unit to our side of the building for about $8,000 that includes all the duct work and when I start adding thc numbers up it will be $85,000 to $90,000 to remodel instead of $175,000 that the architect said. He has the backing of the County's Facility Maintenance that this is the way to go. We are not putting a lot of tluff in the building we do need some things to live in the building this doesn't inelude furniture or anything. Appliances, furniture, bunks and beds will have to be purchased for the living area with the funds coming out of reserves to cover these expenses. We are going to get it up and running. The company doing the remodeling is going to reuse the ceiling grates and outlets in an effort to keep the costs down. Hopefillly everything will be done by April 1,2009. Mitchell Roberts - The money that comes out of the Reserves is this like a cost share type of thing for utilization. Page 4 16l 1 A Ii Chief McLaughlin - The purchase is $5,488,000 that includes the building and parking lots. We arc paying for a pcreentagc of the building. Wc are getting a good chunk of the property ovcr half of the building at a cost of approximately $900,000. So out of the whole purchase price we are doling very well. The sign will probably read Port of the Islands Station 61 and the sign under the entrance door will say Oehopee Fire Control District. Therc is somc talk about upgrading to an ALS Engine cventually. There is $93,000 and in Rcscrvc for Contingency, $871,000. $600,000 will bc taken out for the purchase leaving $27],000 that will probably be enough for thc future. Wc will need to purchase a new tanker truck next year this one is 20 years old it either needs to go into rcservc or bc tradcd it is constantly in repair status. Mitchell Roberts - Asked if it will be the same or small like the new truck. Chief McLaughlin - It will be the same but with a squarc tank instead of elliptical. Thc square tank is cheaper it will be thc standard 3,000 gallon capacity with a larger cngine so that it will handle better than the current vehicle. The t,mker was purchased in 1992 at the same time that Golden Gate Firc Rcseuc and Big Island Cork Screw did. Our Tankcr is the only one left in service the othcrs gone. On 11-18-08 Thc board of County Commissioncrs passed a resolution allowing Advisory Board mcmbers to claim milcage if thcy have to travclmore that 20 milcs round trip to attcnd meetings. The letter stating this information and the mileage form was presented to the Advisory Board. James Simmons travcls 60 miles round trip to attend the Oehopee Fire Control District Advisory Board Mcctings. Chief McLaughlin suggested that James Simmons read the information earefillly it is tumed in once a year in July and he would have to keep a schedule. lie suggested that he confirm the mileage with map quest as wcll. 6. Firefighter Position Chief MeLaughlin- He hasn't seen it yet it's not posted. He will be contacting Human Resourecs to scc why it hasn't been posted yet. Thcy have reccived all the paperwork regarding the Lieutenant's promotion. He mentioned that he has been working with HR in trying to change some ofthc hiring practices. Due to thc time it takes for the whole process is costs our Department a lot ofmoncy in ovcrtime fill in while awaiting new personnel. He fecls wc should have a hiring pool test candidates onec a year and dcvelop a list to hire from. Once a pcrson is rcady to retire we could begin the process of selecting a new cmployee and stm1 the hiring proecdure. Mitchell Robcrts.- You can't actually advcl1ise until that person leaves. Pagc 5 161 lAI~ Chief McLaughlin - All the other Fire Departments hire from a list. Human Resources have suggested that he just not fill the position to alleviate the oveltime. They don't seem to understand we have to meet a minimum manning standard so the positions on shift have to be filled until some one is hired. He said it has probably cost $12,000 in over time due to hiring practices. Mitchell Robelts -He asked ifhe could put something in writing regarding this idea and the cost savings then send it to Jim Mudd. Chief McLaughlin - He said that isn't the chain of command I have to go through Dan Summers. James Simmons.~ I~Ie brought up the Job Bankers to coyer the over time. Chief McLaughlin- He said we have moved forward with that. Human Resources asked him what the impact was on the budget by hiring Job Bankers he told them the Depattment would save $540 a day. He has one Job Banker but he is going to get another onc. He needs two or threc to fill thc shifts Job Bankcrs have other jobs and can't work all the time. 1~1e had to explain to I~hllnan Resources that he needed more that one Job Banker. Also they wanted him to commit to how many hours they would work and there is no way to do that it depends on leaye time. 7. Assistant Chief Position Chief MeLaughlin- Per Dan Summers he has to advertise this position again. He has requested a meeting due to the fact that he has not been able to hire the candidate he feels is qualified for the job. 1~le wants to know why he can't hire him and see if possibly there is a way to over come the problem. He was dismissed fi'om the City of Naples but it is going to be hard to get some one so qualificd to work for $60,000 whcnlhis position as most Departments pays $90,000. lIe does not want to hire some one he has to train he wants this person to be ready day one. NEW BUSINESS I. Light Bars Chief McLaughlin - The current light bars because of how the operate are a big draw on the vehieles electrical system also they do not meet DOT requirements. The new bars won't drain the electrical system due to lower voltage and they are up to DOT Standards. Because we are on 1-75 so mueh visibility is important. Right now the biggest thing hc has going is the POJ1 of the Islands Station. He said he desperately needs help the previous manager did nothing for career development. lIe is working on that but it takes years. At Isles of Capri when he was Assistant Chief there he only had six gllYS hcre we have 14 people. We could do so much more for thc pcople ifhe had some one to give him a hand. Page 6 161 James Simmons - He needed clarification about what positions were open he thought there were three a Lieutenant, Captain and Assistant Chief. Chief McLaughlin - He has a current position that has never been filled. James Simmons - You were also talking about a Captains position. Chief McLaughlin - We don't have a Captains position in the County system we only have an internal position he makes Lieutenant's pay. He is captain in name only. I gave him the rank of Captain so he could do some things. We had a Lieutenant retire three people tested for the position and it was filled by his son Robert R. Mayberry as of 11-21-08. James Simmons - When Port of the Islands is up and running you are going to need an Assistant Chief. Chief McLaughlin He needed him six months ago. He can't keep up with all the projects and he has meetings he has to attend as well. A motion was made to adjourn the meeting and was passed the meeting ended. j Mitchell Roberts, Chairman Oehopee Fire Control District Advisory Board Page 7 1 AI~ flala Halas Henning ~~Y~~a :-~' = MINUTES OF THE MEETING OF THE PARKS AND RECREA nON ADVISORY BOARD 161 1 4f5 December 17, 2008 Naples, Florida, December 17,2008 RECEIVED JAN 2 3 2009 i{oar<1 ~}j (;(ltJllfv (~Ol(lmiSSJoner~ LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: CHAIRMAN: John P. Ribes VICE CHAIRMAN: Edward "Ski" Olesky Frank Donohue Barbara BueWer Paul Nyce (Absent) Kerry Geroy Bart Zino ALSO PRESENT: Barry Williams, Director, Parks & Recreation Murdo Smith, Parks and Recreation Tony Ruberto, Sr. Project Manager Tona Nelson, Sr. Administrative Assist. Annie Alvarez, Senior Man. V Peg Ruby, Parks and Recreation I. Call to Order Chairman Ribes called the meeting to order at 2:07 PM Misc. COIIl!S: 10 ~opies to 16 !i .~ ~; 1~/5 December 17, 2008 II. Pledge of Allegiance and Invocation The Pledge of Allegiance was recited and Invocation was held. III. Approval of Agenda Mr. Olesky moved to approve the agenda. Second by Ms. Buhler. Carried unanimously 6-0. IV. Approval of November 19,2008 Meeting minutes Mr. Olesky moved to approve the minutes of the November 19,2008 meeting subject to thefollowing corrections: . Page 2, V. New Business, a, bullet 1 - From "The Board of County Commissioners approved the $IM payment to the City of Naples" to "The Board of County Commissioners approved the $1 M payment to the City of Naples (a 10 year payment in accordance with the inter-local agreementfor Park related 1mprovements and Beach Parking Element with the City of Naples") Second by Chairman Ribes. Carried unanimously 6-0. V. New Business a) Directors Highlights Barry Williams provided the following highlights: . The Board of County Commissioners has approved a re-imbursement for mileage for Advisory Board members traveling greater than 20 miles for meetings. . The Collier County Planning Commission rejected the proposal for additional parking at Bayview Park. Staff will provide an update on the status of proposal at the next meeting. . Discussions continue on the feasibility of a County A TV park at the Miami/Dade Jet Port and other areas under consideration. No permanent site has been chosen. . The Beach Park Facilities upgrade at the end of Vanderbilt Beach Road is in the design phase. A public meeting will be held immediately following the regular January meeting of the Parks and Recreation Advisory Board to obtain input on the proposal. Board members will receive information on the proposed upgrade in the packet for the January meeting. b) Employee ofthe Month for October and November Sandy Santos was recognized as employee of the month for October. c) Pepper Ranch - Barry Williams An update was provided noting the County has agreed to purchase the Pepper Ranch parcel for $32.5M. The Parks and Recreation Dept. may participate in Management activities of the property. 2 Decemlr~,L08 l,fg VI. Old Business a) Port ofthe Isles Marina - Barry Williams The following update was provided . The County has agreed to purchase the Marina site for $4.765M. . The purchase includes the ship store, parking areas, an area ofland and easement rights. . The Ochopee Fire District Reserve funds were utilized towards the Purchase . $585,000 of South Florida Water Management District funds were utilized towards the purchase (funds in relation to provision of an A TV Park) . An Ochopee Fire Facility may be constructed on site to serve the area. . The Hotel and boat slips remain with the owners. . The County will assume operations on January I, 2009. . The ship store will continue to operate "as is" (acting like a convenience store for the neighborhood). Discussion ensued questioning the method of the appraisal and with only the parking area, some land area and ship store acquired, concern the County overpaid for the property . Barry WiUiams noted the appraisal at the direction of the County Appraiser's Office. b) Champ Series Boat Races Prize Purses A copy of the "Prize Money Payout' for the Races in November at Sudgen Park was provided in the packet for informational purposes. VII. Marketing Highlights - Peg Ruby The Winter/Spring 2009 R.E.A.I. guide (Recreation Education Activities Leisure) was presented to the Board for Review and is also distributed free of charge at County Facilities, Schools, Libraries, etc. VIII. Recreational Highlights - Annie Alvarez Snowfest and Christmas Around the World An update was provided noting both events were successful. Due to budget cuts, fewer buses were initially utilized for Snowfest Transportation, but as demand increased during the day, additional buses were placed into service to accommodate the large number of visitors. IX. Capital Project Highlights - Tony Ruberto Well Installation - Immokalec Sports Complex Consultants were retained to address the supply well, injection well and pool heater problems at the Facility. It has been determined to place a sand trap on the supply well and re-locate the ~ection well approximately 300 feet from the heaters. The old injection well will be abandoned. Bids for the work are due to the County by 12/23/2008. It was noted the bid deadline for the proposed Soccer field improvements for the East Naples Community Park is December 29, 2008. 3 161 llr IS December 17, 2008 X. Adopt a Park - Paul Nyce None XI. Informational Items Attendance Report Submitted Adopt Park Assignments Submitted Capra Update Submitted BCC Recaps Submitted Meeting Schedule Submitted Recreation Activities Submitted Operational Data Submitted XII. Public Comments Phillip Litow, Danford Street resident addressed the Board regarding concerns for proposed improvements for Bayview Park noting the following: . The neighborhood is 100 percent opposed to the proposal for the parking lot located approximately v.. mile from the Boat Ramp. . The neighborhood is in the process of resurgence and the current proposal decreases area property values. . There is currently not a parking problem at the site as the persons using the area, park along the road. . Concern if the parking lot is constructed more boaters will use the facility and overflow parking will remain along the streets. . He recommended the County "buyout" all property owners affected by the parking lot. Discussion ensued on the merits of the proposal. It was determined Gary McAlpin will provide an update on the proposal at the next Parks and Recreation Advisory Board meeting which will be open to the public for comment. Mr. Zino stated the County has addressed his concerns at Starcher-Petty Park and the facility is now in great condition. Meetinl!: Attendance RepOrt Mr. Nyce was absent. There being no further business for the good ofthe County, the meeting was adjourned by order ofthe Chair at 3:11 PM 4 16' l-krS December 17, 2008 COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD Chai These Minutes approved by the Board/Committee on as presented ')( or as amended_ . 1.1..\.()'J 5 RECEIVED JAN 1 5 2009 / Fiala Halas Henning Coyle Coletta ~ 161 1 tttlp ,,,b'; '.iI cou~OF THE MEETING OF THE PEUCAN BAY SERVICES DIVISION Naples, Florida - December 3, 2008 LET IT BE REMEMBERED, tbat the Pelican Bay Services Division BoarrI, in and for the County of Collier, having conducted business herein, met on this date at 1:00 p.m., in REGULAR SESSION at Hammock Oak Center. 8960 Hanunock Oak Drive. Naples, Florida. with the following members present: Mary Anne Wombte, Chainnan John laizzo Michael Levy Hunter Hansen Annette Alvarez Jerry Moffittt Jolm Boland Absent: Ted Raia Ted Gmvenhorst Geoff Gibson Also Present: John Petty, AdministJator, Pelican Bay SeJVices Division; Janice Lamed. District Offices, I1..C; Kyle Lukasz, Field Opemtions Manager, Pelican Bay Services Division; Tim Hall, Tunell, Hall and Associates; Jim Hoppensleadt, President/CEO, The Pelican Bay Foundation, Inc.; Doug Finlay, City of Naples; and Mary McCaughtry, Recording Secretary, Pelican Bay Services Division. AGENDA 1. 2. 3. 10. 11. 4. 5. 6. Introduction and Welcome of Hunter Hansen and Ted Gmvenhorst RollCall Jack Curran/Steve Carnell from Collier County Purchasing Dept. with a presentation on procuring Management Agreement. Approval of Minutes of November 5,2008 Meeting Audience Participation Administrator's Report Recommendations for Replacement of Jim Burke Surface Water Utiliz.ation Plan Update Report Financial Report Chairwoman's Report Generat Comments. Committee Reports Clam Bay No Report Government Relations No Report Budget Committee Update - Next Meeting 12/ll/08 Ordinance Review Committee First Meeting was November 25, 2008 Capital Projects Update on Oakmont Parkway Irrigation Update on Vanderbilt Bcach Rd. Bollard Lighting Update on Crosswalk Commnnitv Issues prior Capital Considemtions, i.e. Pathways and Larger Mobility It~ Cones: ptan Reviews None 7. 8. 9. tic 7661 Copies to: Pelican Bay Services Division Mttting December 3, 2008 l61 1 'f}Jtp 12. Committee Requests 13. Audience Participation/ConUllents 14. Adjourn ROLL CALL CHAIRWOMAN WOMBLE: Good afternoon. I woold like to call this meeting to order. Mary, could you please take the roll call. MS. McCAUGHTRY: Yes, Madain Chair. LeI the record reflect all membeIS are currently present except for Dr. Ted Raia, Geolf Gibson, and Ted Gravenhorst who are out of town. Our newest member, Ted Gravenhorst, sent me an email that he is a full time member of the coIIlIl1Ullity and he will be here for the January meeting. INTRODUCTION AND WELCOME CHAIRWOMAN WOMBLE: Okay. I unders1and that there is a budget meeting for the Foundation and several people in this room are likely to be wanting to leave. So I think we need to move forward on a timely manner. First, I would like to welcome Hunter Hansen and Ted GmvenhoISt who couldn't be with us today. But, Hunter, thank you very much for serving on this board. MR. HANSEN: You're welcome. CHAIRWOMAN WOMBLE: Hunter is the general manager of the Naples Grand Holel and Beach. Did I say that right? MR. HANSEN: Pretty close. Y 05. Naples is the Naples Grand Beach Resort. I also oversee the Edgewater Beach Hotel in Old Naples as wet!. CHAIRWOMAN WOMBLE: 'That's a lot And we really appreciale your time and efforts fur us. MR. HANSEN: You're welcome. Pleased to be here. CHAIRWOMAN WOMBLE: We have a Mr. Jack Curran or Steve Carnell. I'm not sure if they're here, either one of them. MR. PETrY: Madam Chair, we don't see them in the room. APPROVAL OF 1115/OS MINUTES CHAIRWOMAN WOMBLE: I did not either but I thought, well, maybe I'm wrong so okay. Let's skip tlmt and go on to the approval of the minutes from the November 5th meeting. Do I have a motion to approve or any questions. suggestions? MR. MOFFA TI: Madam Chair, I have a couple of comments and corrections of errors to the.. . CHAIRWOMAN WOMBLE: Jerry, I'd be disappointed if you did not. 7662 Pelican Bay Senices Division Meeting December 3. 2008 161 1 ti/~ MR MOFFA TI: Well, they give them to us. J suppose we're supposed to read them. CHAIRWOMAN WOMBLE: Absolutely. MR MOFFA TI: Page 763 J under Chairwoman Womble speaking for the second time, middle of the page, in reference to a John Ashley. CHAIRWOMAN WOMBLE: J believe that was John Pelty and I bave that circled also. MR MOFFATI: 7637 top ofthe page. The second time I spoke I talked about Ted being vel)' active in the community, vel)' active in the President's Council, 00l Residents' Council. CHAIRWOMAN WOMBLE: Right MR. MOFFATI: 7640 at the top Mr. Gibson said, I'll second that. J know Ted also as opposed to; I have Ted also CHAIRWOMAN WOMBLE: Right MR MOFFATI: 7660 top of the page where I was speaking. I think I said something that. It's the lot that's sitting there covered with dodder vines, I believe I said. Bmndywine, I'm 00l sure what that... CHAIRWOMAN WOMBLE: Dodder vines. MR PETrY: Dodder vines. MR MOFFA TI: Okay. And that's all. CHAIRWOMAN WOMBLE: Okay. Well- MR PETrY: 1 think that's three Os for dodder, d-<HI-d-e-r. CHAIRWOMAN WOMBLE: - at the top of 7646. I believe we need to change the second line at the beginning of the sentence as Pelican Bay hnprovement District evolved into - I helieve that should state as Evolved into Pelican Bay Services Division Board and then strike the County. Those applications were then sent to PBSD. It went from PBill to PBSD. And I think that had to be the gist of that sentence. MR PETrY: Madam Chair, actually, it did go to the County first. The Comity sat as the PBill board. It took them two years to come out with the trdIlsition plan ... CHAIRWOMAN WOMBLE: Okay. MR PETrY: ... and then PBSD was created so... CHAIRWOMAN WOMBLE: So then maybe the applications were sent firslto the County and then on to Pelican Bay Services Division Board? Is tllat how yon want it to read? Did you read tllis? 7663 Pelican Bay Services Division Meeting December 3. 2008 161 1 4fltt MR PETIY: Well, I'm sony. What page are we on? CHAIRWOMAN WOMBLE: We're on page 7646 at the very top, second line. The sentence begins, As Pelican Bay Improvement District evolved into Pelican - as it reads - evolved into Pelican Services to tile Coonly. Those applications were tIlen sent to PBSD. And tI1at didn't make too mucll sense tI1at way. MR PETIY: I'm sony. Madam Cl1air, I tl10ugltt I was just correcting the lristoricaI issue there. The granunar is probably exactly wllat I said and is incorrect CHAIRWOMAN WOMBLE: I dou't tlrink so. MR. PETIY: Whicllever way you'd like to fix it, 1 would gladly fix it. CHAIRWOMAN WOMBLE: Well, yon were indicating that any permits were to go to the Counly first and then come tIrrouglt Pelican Bay Services Division Board or vice versa. Whicll did you want to say? MR PETIY: Pelican Bay Services Division first. CHAIRWOMAN WOMBLE: I would think so. Okay. So permits go to Pelican Bay Services Division Board and tIlen on to tile County. And 7648 there's a smaII typo. Cl1airwoman Womble at the very bottom, second one up, but rigltt above Dr. Raia speaking. And then I said, I did not get the time, not the date. And I believe tllat lakes care of tllat. Any otller improvements, additions. SIIggestions? (No response.) CHAIRWOMAN WOMBLE: Do Illave a motiou that tile minntes will be approved as read now? MR IAlZZO: So moved. MR LEVY: Second. CHAIRWOMAN WOMBLE: That was Jolm laizzo so moving and. I believe... MR. MOFFATI': Mike. CHAIRWOMAN WOMBEL: Micl1ael Levy seconding the motion. All rigltt. Do we Ilave any audience members woo would like to make comments? MR. PETIY: Madam CI1air. if I could, two things. One is we need 10 call the vote for the minutes. CHAIRWOMAN WOMBLE: Okay. Excuse rne. Thank yon. MR PETIY: Secondly. once you get tllat done. we do Ilave the folks oom Collier Coonly here, Collier Coonly purchasing. 7664 Pelican Bay Services Division Meeting December 3, 2008 161 1 IHlt CHAIRWOMAN WOMBLE: Wonderful. Terrific. All in mvor for the minutes to be approved? -------- ------------~- Mr. John Jaizzo moved, seconded by Mr. Michael Levy iDId tIJ1JH'UVed uniDIimously the Minutes of the November 5, 2008 meding as correded. CHAIRWOMAN WOMBLE: So approved. And we have Mr. Curran and Mr. Carnell; is tbat conect? COLLIER COUNTY PURCHASING DEPT. PRESENTA nON MR. CARNELL: Yes. CHAIRWOMAN WOMBLE: Thank you. These gentlemen are from Collier County Purchasing Department and we are welcoming you. and thank you for coming. MR. CARNELL: Thank you. Members of the board, my name is Steve Carnell. I'm the director of purchasing for Collier County government. And as some of you may be aware, we are responsible for processing the purchases of goods and selVices tbat your district office makes and work vCJy closely with Kyle. and Mr. Petty as well. We wanted to talk to you today about the management selViccs contract tll3t you have in place presently. This contract was last solicited for competition in the spring of 2007, and it was done on a very infonnaI basis at the time. Now, asa malterofCouuty policy, it was done within the boundary of the policy at tbat time because we require purchases of $50,000 or less are allowed to be handled on an infonnaI basis, where the department that's going to procure the services or needs the services goes out and gets what we call quotes, an infunnaI price olkr, if yon wilL or a proposal. And at the time three finns were contacted with regard to tile management selVices contract, but two of them really are finns tbat really aren't in the business of providing the services, at least not on a regular basis. And we had received caIls from some of your previous board members earlier this year asking about the contract and the stains of it. and we had issued the purchase order for it hack in May of 2007. And then we renewed it this year, but we renewed it with the inleut that we were going to be looking to help this ~ with obtaining this contract a little more completely and comprehensively in the future. So what we have in mind today is we w.mt to just put that infonnation in fronl of you and see if we could concur on a target date of attempting to have competitive proposals in place when this current contract eXl'ires in May of 2009. Now, wll3t that would entail would be we. Mr. Curran, who's a purchasing agent in our department. lie woutd be working very closety with whoever you-all would designate in this process who would help us with the selection. And tire way our process works is we would put together what we call a "Request For Proposal," a fomlai solicitation. And tllen we'll do a search. We've already actually Slarted a little bit of a search to see what kind of competitive options are oul there in tenus of management finns that are available to be considered. 7665 Pelican Bay Services Division Meeting December 3. 2008 161 1 ~10 And as we develop this RFP, we would need to develop a scope of work in terms of 1he exact type of contract duties you want this management firm to provide. And I undersland from the past that there's been some discussion among your board, your predecessors, I understand some of you are new to Ute bomd this year, but tltere bave been SOIIte discussion about the scope of work under this contract. And Ibis would give you a good opportunity 10 first decide wbal you wanl thaI scope of work to be. And we'll assist you, facililate that process, and ltelp you get there. And then we'll pu1 it out for competition and we'll, again, involve you-all. You-all will Ite involved alllbe WdY tbrougb. Really, you're going to ultimately make the decision in tenus of wbich linn is setecled. We'll fucililate the process. If the negotiated contract were 10 exceed $50,000, then we would need the approval of the Board of County Commissioners as well. The current contract does not exceed that number presently SO it does not require the board to approve it. It's really rests on tlris bomd in tandem wi1h my department in making the selection. Rea1Jy, tile essence of it is going to be you-all as a group making tlte cboice of which linn you want based on the criteria and the scope of work you set fortb. So wbat I wanted to do today was just kind of get tlte process started and get a little bit of direction from tltis board as a whole in terms of how you'd like to proceed. What we would lypically do in a selection like this is put together a committee of 1hree to five voting members who will review the proposals when tbey COllte in, score them and rank tllem with Mr. CurmIlS' assistance, and 1hell you-a1l would reach conseIlSlJS as a group as 10 wOO your top c1JOice is, and yon would dispatch us to go negotiate a contract with that entity. Now, wbat I guess I'd like to see is really a lot of this depends on wbatlbis boord's comfort level is and how yon'd like to proceed and do business on this. If you'd like to delegate. say, initial autbority and bave the chairwoman work wi1h us to develop the scope and bring the scope of work back to tbe board for considerntion, we can do that and bave you approve that scope of work before we put the RFP out so everybody's on the SUlne page as to wbat the expectation of the services to be provided are. Or we can work in a subcommittee of 1hree or four folks. My SIlggestion would Ite that we not l1y to involve the whole bomd in every decision up front. but that the whole board would approve, at somc point. wbat tlte scope of work is, and tltat 1he whole board would ultimately make a selection as to wbich firm they want to use wi1h some kind of person or persons working as inlennediary wi1h Mr. Curran in between those two steps of this process. So that's wball'm here for today. And I'd be happy to answer any questions. I can explain 1he process to you in more delail. Whal can I do to c1amy this for you'! Are tltcre any coouoents or questions for us'! MR. LEVY: This is for 1he job position tltat Mr. Petty is curreutly filliug'! MR. CARNELL: Yes, sir. Yes, sir. MR. LEVY: All rigbt Would it make sense for Mr. Petty to write up ajob description or a scope ofwurk'! MR. CARNELL: We wouldn't have an objection to thai as long as tile board reviewed it before we proceeded too far into 7666 Pelican Bay Services Division Meeting December 3. 2008 161 1 Al0 the process and you-all were comfortable ",ith what you saw and agreed and had a conseJl5llS that tllat's wllat you wanted for a scope. MR. lAIZZO: You described the process that you're proposing right now. What has worl<ed for you in the past? Because I don't remember this kind of a description before. MR. CARNELL: Yeah. And I don't think weVe done anything like this with you-alt for severn! years. MR. lAIZZO: I don't recall. MR. CARNELL: Yeah. And it's a great question. Wbat has woIked the best when we're dealing with a citizen's board is typically to have a subcommittee who meets with, in this case it would be Mr. Curr.rn, and works out the front-end details of tllat scope of work, drafts it, and develops it. Then we take it to tile full board and have them bless it. And then that subcommittee becomes tlle selection committee, if you will, that then reviews the proposals when they come in. Is everybody in attendance today? Is this your full board? MR. IAIZW: No, it's partial. MR. CARNELL: Okay. In tIying to answcr your question, I would suggest a group of about three to live who actually read the proposals and score them with Mr. Currnn's assistance. He would be woIking as a nonvoting member to fuciJitate the process. And when you do that process, it depends in part on what the response is from tile market. If you get tlrree proposals and it's pretty clear~ who your No. I finn is from just reading the proposals, Mr. Currnn's going to do a reference checking fur you. And there's going to be things we'll do behind the scenes to get you background and infunnation on the finDS, which we'll bring to you, the selection committee folks. If it's a smaJl response, like, say, three firms, then it may be that that group deliberating can reach a decision based on reading the written proposals and discussing them. Ag;Jiu, Mr. Curran has a process that's vCl}' systematic. He'll walk you through and you can reach consensus. If it's a Jarger group of firms, then you may want to interview them and bring them in. Again, we would facilitate those interviews, set them up for you. Or maybe you have a top two or top three you want to drill into a little further. And we can help you do that as well. Some of that yon have to kind of go with the flow and see how it plays out, but my suggestion would be to have a subcommittee to. . MR. IAIZW: It seems like the budget would be a natural place to review that, but Itow are yon compensated? MR. CARNELL: Oh, I'm a County employee and we do all the purchasing for all county departments and special district" MR. lAIZZO: And I think that bill. John. comes out of - tllat tab COUles out of where? 7667 Pelican Bay Services Division Meeting December 3. 2008 161 1 4llt MR. PETIY: Well. out of your pocket always, sir. MR. IAlZZO: Always? MR. PETIY: Always the residents of Pelican Bay. You guys pay for it all. MR. IAlZZO: Would that be part of the indirect costs, reimbursements? MR. PEITY: The service that is provided by purchasiug, yes. It's oue of uol only your control features, it's one of your bencfits. And, yes, you do supposedly pay for it, but I've got to tcll you that the indirect costs dou~ covcr everything we get from thc County. So the due diligence that you gel in tlns type of review probably goes above and beyond what you nonnaIly pay for. Because, again. this is donc evcry two years, CVCJy tl1reC years type deal And what yoo said earlier that yoo didn't recognize this fonnat, it is because it's heen a fuw years since we've done it and it's heen going both ""ys. It has gone by RFP whcre it has heen groups, companies come in and have gone through the entire process. And then I think the last rouple of limes there was a renewal period of about a three-year timc framc aftcr it's gone out for bid. MR. CARNELL: Yes. MR. PETIY: This last time the bidding process in 200? was by invitation, if you r=tIl. It was at the timc whcre Severn Trent and I split. So there were only two bidders asked to come 10 that particular competitiveness. So tllC)"re talking about opening it back up for three or more entities to compete hopefully. I think that's it. MR. CARNELL: Yes, sir. CHAIRWOMAN WOMBLE: Before we go any further, we probably should rome up with a target date. Is that a good place to start? MR. CARNELL: Yes. FiIst off, my suggestion would be let's determine bow yoo want 10 draft the scope of wOli<. You rould havc Mr. Petty give you a document. And then he certainly would know what he does day-to-day as well as anybody, and that may be a very good starting point. MR. PETIY: I'm not going to tcll them what I do. MR. CARNELL: Trade =t. CHAIRWOMAN WOMBLE: I know what you do. You'redonc. MR. PETIY: Madam Chair, one of our past chain; had done IlIC 1<HI0 list for tIlC administrator at a minimum and that was Mr. Carroll. CHAIRWOMAN WOMBLE: Right. 7668 Pelican Bay Services Division Meeting December 3. 2008 161 1 j}Uty MR. PETTY: And I think that we have that on file. CHAIRWOMAN WOMBLE: Yes. MR. PETTY: We can show that to YOlL And then tllC only issne is bow much time is currently required on-site. CHAIRWOMAN WOMBLE: It was. MR. PETTY: And that was a di1furence, I do believe, that we discussed between tllC 24 and 48 price range 1ype of deal and wonld be how you would scope out the requirements for the position so it would be priced nut properly. CHAIRWOMAN WOMBLE: How much time do you need in order to meet that May date since the contrnct is up in May? MR. CARNELL: We need to get started soon. My suggestion would be that if you want to look at the previOlJS chairman's notes tllat Mr. Petty's referring to, the outtine of the administrator duties, !hat perhaps you could look at that at your January meeting. And if you're comfortable with that tllCll tlJat could be forwarded to Mr. Curran and he can start developing the RFP document and process. And tllCn I also need direction in tenus of who will communicate "ith purchasing between meetings so to speak. Wonld you-alllike the chairwoman to handle that function or would yon like it to be someone else or, again, a group of people? Eventually I'll need to appoint a selection committee ofnlCmbers of this board. MR. PETTY: Madam Chair ... CHAIRWOMAN WOMBLE: More than likely we'll need a subcommittee and we will get back in touch with you and give you the names of the peopte that you'll be woIking wi~ Mr. Curran. MR. CARNELL: All right. Okay. CHAIRWOMAN WOMBLE: Would that be most comfurtable for you? That way you can go on about your business and we have an idea what we need to do in order to expedite your siuGltion. So I believe that would be the best way to handle this unless Mr. Petly or someone else has a suggestion. MR. PETTY: Madam Chair, I just have one caveat to put to that and it is County JXllicy that since J would be applying for the JXlsition that I no! be involved in the process. You don't want me slicking anything in the language where I may be tile only one that may provide it. You can go and put a caveat in there that they must have a life insurance JXllicy that the beneficiary is the board and nobody else will do tllal. And so these guys know wllat they're doing in this type of process. Collier Counly has done tillS for tillS particnlar board several times in the past. They have always dollC a veJy good job. I don't think there's going to be an issue. 7669 Pelican Bay Services Division Meeting December 3. 2008 161 1 ~ltt CHAIRWOMAN WOMBLE: I don't either. Jeny. MR MOFFA TI: I assume there are other positions like this that you've sent out RFPs for other advisory boards? MR CARNELL: Yes, we have. MR. MOFFA TI: So we can also get that infonnation to throw in the bopper and find ... MR CARNELL: Yes. You-all are unique in the sense of having an administtator by contract. In the sense we don~ necessarily have other boards that have that exact service. But, Mr. Moffim, we have had many instances where we have put out consulting agreements for advisory boards where we had the same kind of structure and fonnat. Now, in tenns of the scope of work, we wdIl! to look at what the pI'C\ious chairman CUlne up with and we1. also do some research in tenus of other independent districts and similar boards to see what we can find in terms of other contracts that are out there as weU. MR MOFFA TI: I asswne Mr. Lukasz could be of some great value to us in defining that resp<lllSlbili1y also. MR CARNELL: Yes. MRMOFFATI: Noreaction. MR PETrY: That again, let me suggest to you that that would be a problem. If your administtator is to supervise the staff, which inctndes Kyle Lnkasz, it may be difficult if Mr. Lukasz is defining Ille function of thai person. So my snggestion to you is that you look at the existing and comparables, but it may be diflicult to get aOj1hing from staff I don't know that I want to put them in an awkward position. MR MOFFATI: I don't know. We wouldn~ look to him to do the definition. I would look to him for anything that's mtique here that he sees that we ought to consider. MR. CARNELL: Let me say, I really appreciate what Mr. Petty is saying and trying to stay objective and not intrude in the process in any way or create an appearance of iIupropriety. I really respect that. But by the same token, in my experience, the practitioners of the job know and ~ have insight 10 offer. CHAIRWOMAN WOMBLE: Right. MR. CARNELL: So I think we are tbe people that can help you manage that. We'U be objective. And we can take input from Mr. Pet1y and we can bring Ilmt to you and we can help you decide what you want in tenns of the scope of work and get you there. CHAIRWOMAN WOMBLE: Well. I think Ilmt's totally reasonable, and I think Kyle can help from his viewpoint. not really give us anything slated in any kind of manner or contract, but at least give us his ideas of lnaybe somellung Ilmt would be 7670 Pelican Bay Services Division Meeting December 3. 2008 161 I Al~ beneficial. MR MOFFA TI: Madam Chair, the only other thing I'd like to say is I'd like to volunteer for the committee. CHAIRWOMAN WOMBLE: Okay. Do I have anyone else who would like to serve on that committee? (No response.) CHAIRWOMAN WOMBLE: I'm going to put Geoff Gibson on because he's not here today plus he's good at management. And I would like to also be on that committee. So I will get you names and probably at this point you'll be contacting me or I you if that's all right. and I'll give you tlJaI information. MR CARNELL: WelI, do I have a consensus that we would in JatruaIy discuss tile scope of work and see if we can reach some agreement on that? CHAIRWOMAN WOMBLE: Yes, sir. MR CARNELL: That way I can get Mr. Curran out the door and moving at that point and get some agreements on that. CHAIRWOMAN WOMBLE: He tooks like he's ready right now. MR CARNELL: Oil, yes, ma'am. CHAIRWOMAN WOMBLE: Yes. I think that's reasonable. Jerry. are you okay with that? MR. MOFFATI: Yes. CHAIRWOMAN WOMBLE: Okay. MR MOFFATI: !fyou want to wait that long, tllllt's fine. CHAIRWOMAN WOMBLE: No, but with the Christmas holidays and Hanukkah holidays and the Kwanzaa holidays and all tile holidays coming up. MR. PETIY: Meeting notices, the room availability. CHAlRWOMAN WOMBLE: Right. B=tuse we are Sunshine Law folks, we have to be very careful about that t)'jlC of thing. So be looking at your calendar. We11 be looking at ours, and we11 try to get together sometime early in January. Does that sound reasonable? MR. CARNELL: That's great. Very good. 'Thank you for your time. Any other questious for yon? CHAIRWOMAN WOMBLE: No. Well, just one. If we stay underneath the $50,000, that's totally up to us as to what linn we choose. MR CARNELL: Yes. 7671 Pelican Bay Senices Division Meeting December 3, 2008 161 1 <A:tlt CHAIRWOMAN WOMBLE: Should we go over $50,000, what is actually the situation at that point? MR CARNELL: Well, it would be the same process in that you-all would still make a choice, but we would take that choice to the Board of COllity Commissioners. CHAIRWOMAN WOMBLE: And they could choose or not choose? MR CARNELL: They would make the final decision. CHAIRWOMAN WOMBLE: Correct. Okay. MR CARNELL: They would be advised of what this board had decided, recommended. They give a lot of credence to that. CHAIRWOMAN WOMBLE: AmI, to your knowledge, arc there very many firms that would consider less than $50,000 for this kind of management area? MR CARNELL: You know, that's a great question. I don't honestly know. We're going to find out in the weeks ahead. CHAIRWOMAN WOMBLE: Okay. Fair enough. MR CARNELL: We've got some leads, but we don't know yet. CHAIRWOMAN WOMBLE: All right. Any other questions? (No response.) CHAIRWOMAN WOMBLE: I want to thank you both for coming and we look forward to working with you. Thank you very much. MR CARNELL: Thank you for your time. AUDIENCE PARTICIPATION CHAIRWOMAN WOMBLE: And, Jerry, thank you fur volunteering. Where are !lie rest of you? Okay. I tIrink we cut short any audience participation. Does anyone have conunenls or suggestions or questions for the board? (No response.) ADMINISTRATOR'S REPORT CHAIRWOMAN WOMBLE: All right. Mr. Petty, would you give us your administrator's report, please. RECOMMENDATIONIREPLACEMENT OF JIM BURKE MR PETTY: Yes, Madam Chair. First item is a reconunendation for replacement of Mr. Burke. And we'd like to recommend that the replacement for Mr. Burke be Mr. Burke. It's a rather unique situation. TIlUIIkfuIIy Mr. Burke has reapplied 7672 Pelican Bay Services Division Meeting December 3. 2008 161 1 AllR and is willing to serve again after his brief vacation in running for office at the local fire district. So his name has come through the county process and we offer it to the board for consideration. And we ask that you consider giving a recollnnendation so we can send it on to the County Commissioners so that they may appoint him at their next meeting. MR LEVY: Is that the only person who applied for lIlis position? MR PETIY: Yes, sir. He is the only one that passed all the criteria. CHAIRWOMAN WOMBLE: And is that date up at this point? MR. PETIY: What is the question? CHAIRWOMAN WOMBLE: The time for applications. MR PETIY: Yes. CHAIRWOMAN WOMBLE: Okay. I wanted to make that clear. MR. PETIY: Yes. CHAIRWOMAN WOMBLE: AIl right. Do I have a... MR. MOFFA TI: I wonld be happy to recommend Mr. BUlke to replace Mr. Bnrl<e. MR. HANSEN: l second that recommendation. CHAIRWOMAN WOMBLE: Okay, all in fuvor? Mr, Jerry Moffatt moved, seconded by Mr. Hunter Hansen and approved unanimously to recommend to the Bee to appoint Jim Burke us a member of this board. --~---~~-- CHAIRWOMAN WOMBLE: Opposed? (No response.) CHAIRWOMAN WOMBLE: Mr. Butl<e will be back on our board next IIlOnth. Mr. Butl<e, how's it feel back there compared to up here? MR. BURKE: It feels good. CHAIRWOMAN WOMBLE: Don't get used to it. All right. Mr. Petty. about the surface water. SURFACE WATER UTILIZATION UPDATE MR. PETIY: The next item has to deal with what we\.e been referring to as a "closed loop." We have been talking about 7673 Pelican Bay Services Division Meeting December 3. 2008 161 ~f/~ 1 It" the engineering and the cooperntion that we were hoping to provide to the golf course in their attempts to I1y and find additional irrigation water within Pelican Bay. As the boaJd knows, tlley !lave drilled a well down to the area of the aquifer, wllicll is down around 250 to 300 feel or so. And tIley were l10ping to take extra effluent doting the wet season and store it in that area and then pull it out in the dIy. OEP that regulates wilat waters can be put in w!lat areas Ilas said you can't do that. The water that you put down in that aquifer must meet potable water standards. We !lave been looking at our water management system for improvement. One of the tIlings that we can do for tile water management system to improve it is to ilatvesl the wet weatller flows wllicll is sometlling that's recommended by both South Florida and otber enviromnentalists. And basically w!lat it means is when we !lave the six inches of rain dming the summer, instead of letting it go over the weirs and out the tide. capture that fresIlwater, store it. and use it on-site dming tile dIy periods, not only for irrigation but also to rec!large tins official aquifer wllicll is tile fresIl water tlmt's undemeatll tile ground, keep saltwater intrusion from coming in, since we're so close to the ocean. And we've been looking at that closed-loop system wllicll has been a recent recollllllendation from South Florida. Our system is close to a closed loop. It is very close. We tIlink that we may be able to aa:omplish tlJUt. If so, we may be able to ilatvesl excess fresIlwater during the summer months, but we don't 1mve any way to distribute it. We'd like to distribute it along tile length of Pelican Bay, but we don't have a system to do that. Our right-<Jf-way system is currently tied into the Counly's efl]uent system. wllich is a pressurized maio that we can't really tie into very well. The golf course turns out to be right in the middle of Pelican Bay and runs along tile width and conld distribute the water wllich would then be captured by our water managemenl system and then recycled again and again and again, wllich is what a closed-looped system is all about. It's kind of like the car washes today. When you wash your car, tile water gets recycled and it washes the next car, and ies good for maybe 10 or 12 washes. [n our case, we would want to do the same thing witll tile rain. We wonld want to repeat the rainfull event again and again and again. We had a meeting witll the golf course and their engineer, Mr. Aqnaviva, and Ilis focus is based on the golf course's need for water. When il comes to our pennit and the closed-loop system, we all decided t1~t it was in the best inlerest of PBSO if we wished to go forward. that we should do so witll our own engineer wllicll is why we didn't bring Mr. Aqnaviva here to talk to you about it because he is not focused on the closed loop. He's focused on tile water usage of tile golf course. We wonld want to basically bring to you, if you'd like to continue, our engineer who wonld talk to yon abon~ tile historic water issnes of tile system of Pelican Bay and oftllis coastal wne and see if we want to go further from tIlere. MR. LEVY: Jolm, can this excess water, can that be pumped into the deep well that exists? MR PETIY: No, sir. We don't believe so. Even \bough al times il could meet Ihe requirements. we don't think it's going 7674 Pelican Bay Services Division Meeting December 3. 2008 161 1 ,4'~ to meet the requirements during a heavy rainfull event when we're basically pulling all of the nutrients from around your house, around every shrub. Heavy rainfulI events typically have a high nutrient 100?I. And if we l1y to capture it, it wouldn't meet the regulation. After its three-day retention in our system, yes, it would, but since it wouldn~ do it all the time, you'd have to assume that it couldn't do it. And, tllCrefore, you'd want to put this into another lypical stomge device. Now, since it is a closed-loop system and you can reuse the same waler again and again and again, you don~ have to store a complete season's worth of water in a structure. You only have to store a fraction of it because in a closed loop, you repeal. MR. LEVY: Are you just pumping it back up into a Jake, an existing lake. is that what we're doing? MR. PE1TY: Basically, that's what happens. We lake it from the stomge tank. We disburse it along tile access line, which in tins case, would be the golf course. It would go into this official aquifer that is controlled by our water management system, the berm, along Clam Bay. Since we control the elevation and we're backing up tlmt water table, the water didn~ go anywhere. It's still there. So we can take that, put it back into the stomge tank and do it again. MR. LEVY: The storage tank being one of our Jakes? MR. PETTY: We don~ know what the stomge tank would be, whether it be a lake, a lagooll, or some kind of tank. 1bat's what we were looking to get some engineering help on. 1bat would be one of the key pieces. The otIlCr piece would be walking it through South Florida Water Management District., thrOUgll its policy people. We know that if we go to the local office, they're going to give us the local form to fill onto And this is such a new concept, we're going to have to wOlk it through policy which means you need an engineer to walk it through South Florida and see if that concept will flow. CHAIRWOMAN WOMBLE: Any questions? MR. lAIZW: Jolm, I'd likc to make a comment. We can't tax the residents of this counnunity for the golf course's need for water. It just doesn't seem like it's our bailiwick. I need to confront that issue right there. MR. PETTY: 1bat's a good questiOIl, Madam Chair, and the issue here or the benefit to PBSD is not that the golf course gets any water. And t don~ know if there would be a fee for such or if tllCre would be some cost recovery. 1bat's beyond what I can say today. The only reason that I bring it to your attention is we have talked at length about sevemt options to make our water management system better. We've talked about diJfusers and bubblers and water fountains and longer retention times, et cetem. This is one of tllose ways that we can become better water managers by completing tile closed-loop process. So I bring it for YOIlr consideration nuder tllat objective, not one of providing the golf course with water. MR. IAIZW: The end result is it's the need not for the community. the residents at large, but it's a need for tllC golf 7675 Pelican Bay Senices Dhision Meeting December 3. 2008 161 1 !tl0 course. And that's the divider, that thougbt rigbt there, divides me from that effort being on tlris board. For that consideration I can't accept it. CHAIRWOMAN WOMBLE: Okay. MR PETIY: We're boping to get feedback whether positive or negative. Before we start spending time on this issue, we bring it to you for consideration. CHAIRWOMAN WOMBLE: Jerry. MR MOFFATT: Jolm. who would \JSC this water? Would it, as John suggests. strictly be the golf course or the conununity in general? MR PETIY: TIle golf course would \JSC it fur its JlUIllOSCS, wbicb is irrigation. TIle conununity would \JSC it for water management purposes, wbich is to keep the official aquifer at its bigbest levcl possible and stop saltwater intrusion. Saltwater intrusion first bits any local wells and we don't !lave any in Pelican Bay. So that's not our concern. And that starts affecting the local plants and landscaping. And that's going to be our biggest concern. We would like tn keep that fteshwater bubble as bigb as possible keeping hack saltw>lter intrusion not only to make a better water management system, but so that the residents get a benefit as well. So it would be a step above our current selVice. MR MOFFATT: So you could take tile water that you're storing that the golf course is going to use and sell it to the golf course at some price? MR PETTY: Y on can~ sell water per se in tbe state of Florida, but you can charge to recover your cost of treatruent or transmitlJl!. And, yes, sir. that is something that we would discuss. We just don't know what that would entail yet. MR MOFFATT: Do we have an engineer! MR PETIY: We have several as a marter of fuel. And if it is found that you want to go forward, that's my ne)o.1 issue is give yon their names and see if you !lave a preference. MR LEVY: John, woold it be an issue with the contaminants and whatnot if tile water's going to keep being recycled and recycled and recycled, yon're mentioning how wben there's runoff, it picks op potassium and other things that are in the grass and whatnot, if we keep doing this with the same water over and over again, are we going to gcnerate a new problem? In other words, when we make our tests and whalnot in Clam Bay, the water's okay and, in fact. create a new problem by picking up too many nutrients in the water. MR. PETIY: Very good question. Part ofthat is the engineering that we're seeking. By recycling we hope to actuaJly cut 7676 Pelican Bay Services Division Meeting December 3. 2008 l6J 1 Al0 down on the amOlmt of cbemicals that are nsed. 'The golf course is one of tbe biggest users of chemicals, fertilizers, pesticides in Pelican Bay, but they are one of the most frugal groups that we know as well. By recycling the water, they'll know exactly what is in the water quality and will cuJback their chemical usage accordingly. Their superintendent bas been here forever and bas long been accustomed to cutting bad< bis nitrogen and fertilizer usage based on the nitrogen looding available to him in the water suppty. So we hope to actnally not have that problem in the future based on our relationship witb the golf course in the past. And we also know that if we're going 10 store SUIfuce water for any period of time, in Olis case we're lalking about several months, that that water wonld have to he kept under aeration so that the biological activity that is going to occur natnrally wonld be kept down to a level that wouldn't prodnce a methane or an odor. So YOll would aerate this storage, wbether it be a lagoon, take, or tank. And in aerating it, the InicroorganiS1l1S break down nitrogen to its most slable cycle wonld do so long before you used it. So, no, sir, we don~ expect it, but O!at is part of the engineering. MR HANSEN: John, I have two qnestions. What is the potential cost of this project and, two, what wonld happen to grass on the golf course if something like this didn't go through') MR. PETrY: The grass at the golf course I can~ speak to firsthand. I can give you serond-hand reports, which is that it bas been a nightmare llying to keep it green for the last 28 years. They have not been given a large amount of water to use. When the golf course first opened, bock when it was PBID and we had the utilities, we gave them an allowance of no more than a half a million gallons a day, period. That's difficult to run a golf course of that size OIL They have another 9 boles now, I think, 27 boles, and I think their allocation from the County is up to 750,(XlO gallons a day, whicb is the exact ratio that they had from day one. Very difficult to maintain a course of that level with that kind of water. I know of a couple other courses because rm not that good a golfer. Long Boat Key, for example, only because Janice's busband works there, t think they're up to, wl!at, one and a half million? MS. LARNED: Not quite a million. MR. PETrY: They were looking to put in an RO facility because they were trying to put in one and a half million gallons a day and they were going to build a reverse-osmosis water treatment plant that would desalinate seawater. So tbe issue of the golf course is an issue on water. We have OUT S}'1I1IlIlthies. but there just isn't that much that we can do. MR. HANSEN: And the potential cost of tItis project? MR. PETrY: We Olink for Ole cost of the golf course will be considerable because lhey wonld have 10 he responsible for most of the collection or transmission systems and that's wbere most of tbe money's going to be. On OUT side, we're looking at 7677 Pelican Bay Services Dhision Meeting December 3, 2008 161 1 *{~ mostly engineering fees on getting the lbing pennitted. So for us, I believe, ii's going 10 be mostly engineering, 1 may have to modify that if the engineer comes back and says thai our systems may need some modification. Wc have seven water management systems in Pelican Bay that act separately. If you're going to try to collecl waler, you're going to have to find water fiom all seven because they are independenl or at least the top four. As such, there may be something that the engineer would reconunend for where you would pool that water or where you would put that well, bull don~ see us being a lot for structure. I see us being a 101 for the pennit and the oversight. MR. WZZO: And that number is? MR PETTY: Until we get the engineer 10 give us a proposal, I couldn'l hazard a guess. It depends on the pushback fiom South Aorida. It would all boil down to this, bow many hours is he going 10 be tied up. MR. LEVY : You mentioned a well here. Sloring it in a well. TIris would nol be a deep well? MR PETTY: No, sir. You would pull il 0111 of a well. Now, our water managemenl system, you see it in the lakes, but the water managemenl system actually con1rols this official aquifer. There is no difference fiom the water in the lake and the waler underneath the sod. For the purposes of use, we would probably pull from under the sod where we could filler il through the sand versus pulling il out of the lake and getting fish and little ducks and turtles and stoff. MR LEVY: I thought we were pulling the waler out from the berrn instead of releasing it into the gulf and just pumping it back up. MR PETTY: Yes, sir. We would do thai based on waler table fiom the berrn location. But remember litis official aquifer is one big entity. Where you put the straw really c!oesn'lmatler. Water's going 10 seek its own level. So we're going to try and pullhat straw as close 10 where we can practica1ly use il so we don~ have 10 build a lot of distnbntion system. So we're going to put the well as close to the distribution point as possible. That's Ihe idea. MR HANSEN: I'm back to the financial question. You know I'd be cnrious to know what the parameters are of this engineering study and report. Is this going 10 be $10,000 or $100,000 of their time or... MR. PETTY: That's why we are looking 10 the board, if you'd like to know that... MR HANSEN: It would give you some kind of an idea of whal their time line would be. MR. PETTY: We'd like to spend under $5,000 and get one of tile local engineers or an engineering linn that understands Pelican Bay or has its history and have them give il a cursory review and Ihen COlne and speak 10 you about the issne and tell you what they think tile time and material and the deplh of Ibis projecl may be. TIris is not a project tlJat has been done 50 places 7678 Pelican Bay Services Division Meeting December 3. 2008 161 I Al0 around the State of Florida. As fur as I know, there's only one site that has a closed-loop system and it is in the agricultural zone below Lake Okeechobee. We are in a unique position to consider a closed-loop system since we handle both the street drainage, the secondary draining, which is the swales and the lakes, and the primmy discharge, which is the Clam Bay. We handle it all, all three layers. So that's not often the case and we are one of just a few people who may be even able to look at a closed-loop system. CHAIRWOMAN WOMBLE: Okay. MR. MOFFATT: Sounds like we need some more infonnatioo. I would be in fuvor of moving ahead with a dollar amount you mentioned of getting ao engineering firm to do tbe cursory review and then come speak with us. CHAIRWOMAN WOMBLE: We don't need this lOr a vore, I don't believe, do we? Don't we just... MR. PETrY: Madam Chair, staff takes direction withont a vore on these 1ypes of issues. If it's the consensus of the board to move forward and get a little hit more infunnatiOll we can do that. CHAIRWOMAN WOMBLE: Well, we can~ move forward until we do gel some information so it behooves us to go ahead and direct you, please, to see if you can find an engineer that would be worthy of this kind of a project and find out what 1Iley might indicate we need to do and how much might be involved. MR. IAIZZO: It would be a very delicate balance if that system would be put into place. We would be possibly starving the mangroves too for freshwater. So I don~ know whose going to get tile "aler first. wbether we make sure it gets sufficien1ly passed to the west of the berm or are we stealing it before it gets a sufficient flow into the west side of that benn? So fm very reluctant even to en1crtain this any furtllCr. MR. PETrY: Madam Chair, that's a very valid poiot. You want to be awful careful what you're borrowing from Peter to pay Paul. CHAIRWOMAN WOMBLE: Right. MR. PETrY: In this case, there's 110 way 1I13t we want to do any damage to the Clam Bay system. And our water management system by design does emulate the constant sheet flow through a small, what we call "weep holes" in the bottom of the entire basin along the benn. Freshwater, if it's available, flows continuously. We're not talking about harvesting that. And the conditions that Mr. laizzo just brought up would be part of the engineering thai we could not harm the mangroves and the estuaries' freshwater typical supply. When you're tal.king about halVesting excess rainwater, it is just 1I13t. It is that six-inch rain even!. It is that over the normal thaI typically goes to tide, not 10 Clam Bay, bol just stJaighl onllo tide. CHAIRWOMAN WOMBLE: And lhat's wbere the engineer comes in, Jolm. I believe. 7679 Pelican Bay Services Division Meeting December 3. 2008 161 I Allp MR. PETrY: And it wonld be a balanced system CHAIRWOMAN WOMBLE: Marcia, I'm sorry, but I'm going to ask you to jot down what you want to say and bring it forward at the end of the meeting because we're trying to get people out the door to anolher meeting. Can you please? MS. CRA YENS: Yes, but it's about this issue with South Florida Water Management. CHAIRWOMAN WOMBLE: I know. And I know that you have done a lot of research so I do want to hear it. Can you stay just for a little while longer. This won~ be mnch longer. MS. CRA YENS: Sure. CHAIRWOMAN WOMBLE: Thank you. And don~ forget. Jot it down so that we've got it. MR. PETrY: Madam Chair, irt can just get this quickly out now. tlllink I'm done. We have several engineers. As Ille board knows, the engineer that has the most history was Steve Means passed away two months ago. And Wilson Miller bas evolved to the point where the people there now do not have Ilmt type of history. So we're tooking at either going with Agooli, Barber & Brundage or Hole Montes or one option is available to us is the genlleman that wrote the original water study for Pelican Bay in 1977 is available. We could work him through the county system. THE COURT REPORTER: The name? MR. PETrY: I didn't say a name. The firm that did it back in the '70s was Gene Jenson and the engineer John McQue. If there's any interest in trying to maintain that legacy, then we would go with him. The second longest involvement, I guess, would be Dan Brundage who worked on our original pennit back in '78. And, of course, Hole Montes, Stanley Hole wrote our water managelnent application to South Florida in 1978. He has been retired, but the finn still is IlJCre and I think he's in charge. Herman's son is still there and I remember George being around back in the '&Os. So we have good choices. If there's any direction from Ille board, let Jne know. CHAIR WOMAN WOMBLE: I think the direction should be among the tIuee of you, Kyle, and Tim, and yon. Figure out who of these tIuee folks that you can possibly rome up with among Ille three of you whieh do you think is the most valuable and the must valid for us. FINANCIAL REPORT MR. PETrY: Thank you, Madam Chair. The last item is the financial report. Our budget ronunittee we got direction from the chair and the election ronunittee to make some changes to the financial report. We have soft numbers. As we talked about at our last meeting, we e~1JCCt hard numbers OOm the County in January. We have done a balance and we lmve done a new 7680 Pelican Bay Services Divisiou Meetiug December 3. 2008 161 ~l~ fonnat and it is ready for the budget commiuee at their next meeting which we will present to them and we will bring back to you at your next meeting in thai new approved fonnat CHAIRWOMAN'S REPORT CHAIRWOMAN WOMBLE: Okay. Very good. Let's see. I have a report. First of all, thank you to those of you who called and checked on my mother 10 see how she W<IS doing. My mother bad fullen and broken her hip. She is one of the original fulks that came 10 Naples back in the early 1900 hundreds. And she's 96 and she has memories back 10 when she was three years otd and coming down here on the lrain. So she's a wonderful walking histOI}'. And it's a good thing that she's doing well and she's one tough cookie. So thank you to those of you who sent your prayers and your thoughts and your telephone calls. Thank you very much. I appreciate it and she does too. She's doing very well considering she's 96 and she's putting weight on her foot 011 the side where her hip W<IS broken which is astonishing evel}'one. So [ guess il wasn'l an easy life when you came down here for the wintertime by train and no roods Wltil 192 I. So she's tough and thank you vcI)' much. As fur as any otlter comments I have, I want 10 thank all of you who have laken the effort and time to serve on this board. And we've bad quite a rocky time of it for the tast few months with people coming and going. And I do see that we are going to Il3Ve five of us whose tenus will be coming to an end on March 31st And I'm hoping thai you will reapply because we are working well together and wc have some excellent new members. And I would like to see all those applications coming forward. And I want to remind you that as of the second Tuesday in December, which is it next Tuesday? MR PETrY: Next week? CHAIRWOMAN WOMBLE: It's the second Tuesday of December the Collier C01lI11y Commissioners will put forward the request fur applications. And you have 28 days after tllat in order to reply, get an application in. Mr. Petty and Mary lnade sure tlIat we have the infunnation on how to go on-site and get the application. So, please, those of lIS who are, and I'm one of them too, please reapply. We do work wellto&ether and I'd like to see alt of lIS back up here again. lolU!, do you lIave or, Mary, do you have the list of who exactly of our board will be coming to tile end of tlleir tenn on March 3 I st? MS. McCAUGHTRY: [do have it but not with me, Madam Chair. I'm sorry. CHAIRWOMAN WOMBLE: Is it on-site now on our website? Is ilUp to date? MR PETrY: llis. CHAIRWOMAN WOMBLE: It is? All right. So I would recommend that we all lake a look at how long our tenns are and. please, I am going 10 request that you do that vel}' tiring for us. 7681 Pelican Bay Services Division Meeting December 3. 2008 161 1 1+/~ MR BOLAND: You may want to put an ad in the Pelican Bay Post because, as you know, this is a Republican conununity. A lot of people cancelled their subscriptions to the Naples Daily News. So if you want to get a majority of the people in Pelican Bay, you'd probably be better off in the Pelican Bay Post. CHAIRWOMAN WOMBLE: Well, the only thing I can do at this point becanse I'm staring at the production schedule for the Pelican Bay Post is to call and check and see if we can get that into the next issue that will be out December 16th, 1 believe. And I doubt il, but maybe they can slide it into a small blmb of some kind. We missed the last production. And that's another one of the comments I'm supposed to be ll1llking. I missed that. 1 have been planning to write the article and that was the day that I got the infonnation when it had to be done, that's when my mother fell and so I was kind of involved. MR. BOLAND: TIley could put it on the Channel 96 too. You could advertise on that. MR. PETrY: Madam Chair, we have sent them the data as well for whatever type of publication or usage that they could spread the word. COMMITTEE REPORTS CHAIRWOMAN WOMBLE: Okay. Great. Great. I saw Jim here and I think I mentioned that to him in passing a couple of days ago. So I'm sure it11 come out on 96, but thank yon. Okay. That's all J have to say. Let's IlIOve along. Conuninee reports, we don't have Clam Bay really as an issue other than in our water management. We're keeping an eye on that. We have Tim Hall here to collect infonnaoon and put it down. And government relations, I don't believe we jlave anything, other than Jim Burke is now one of the fire commissioners. So anyone have something else? (No respoIISC.) CHAIRWOMAN WOMBLE: All right. For the budget conuniltee the nextlllCCting will be on December 11th. MR LEVY: That's changed to JanU3l)' 26th. CHAIRWOMAN WOMBLE: JanU3l)' 26th. Okay. Good. Good to know. MR. PETrY: Madam Chair, typically during tins process we look to the chair of that committee to give a sunnnary of the relevant topics. CHAIRWOMAN WOMBLE: And wc have Mike here and Jerry left. MR. LEVY: The first meeting it was decided that Jerry and J would a1tcrnate as chairs of the bndget conuniltee. And Jerry's going to be the chair at the Ilextmeeting. John already mentioned that the red flag/green !lag report. We asked for a little change in fonnal, which he's going to give us at the next meeting. Also, as he lnentioned, going to take a look at the soft close for 7682 Pelican Bay Services Division Meeting December 3. 2008 16 f lltl ~ fiscal year '08 and see how that compares with what the assumptions were what they used for fiscal year '08 in coming up with the fiscal year '09 budget. So we can see whether we cut a little more or a little less in carry forwards. And then the third thing that we're going to go over at our next meeting is a schedule or a plan, so to speak, on the steps we're going to take or go through to come up with our fiscal year ' I 0 proposed budget. MR. PETIY: Schedule of project? MR. LEVY: Yes. And I tllink that's the highlights of our first meeting. MR. PETIY: It went very well. CHAIRWOMAN WOMBLE: It WdS a very good meeting. [ was there. Nice job. MR. LEVY: Thank you. CHAIRWOMAN WOMBLE: All right. The ordinance review committee we had Mike Levy, Ted Raia, of course, Mr. Petty, Ms. Lamed, Mmy, and L And we went over the MSTBU ordinance and discussed different types of govenunents and which ones have a tittle more power than others do do in order to possibly get more of what we're \lying to do with our community. We discussed the NERPA (phonetic) that's a part of our community and went over the irrigation system to some extent. We really discussed mainly what it is we're living in, what is our community, what type of community is it, what type of government do wc have, and had several people from the audience make some comments thai were inleresling and also helpful. And mainly, we're going over ordinances that involve who we are, what our rights, and what the provisions are for our ordinances. And we're going to be meeting again, I believe, on December 23rd. Is that correct, Mmy? We're not doing that? Okay. MS. McCAUGHfRY: No, Madam Chair. We're meeting the fourth Tuesday starting in January. CHAIRWOMAN WOMBLE: lnJanuary. MS. McCAUGfITRY: So the 27th will he the first meeting. CHAIRWOMAN WOMBLE: Okay. MR. PETIY: I'm afraid the shopping days just started getting claustrophobic, Madam Chair. CHAIRWOMAN WOMBLE: No, that's good Because when I wrote it dowlL I knew tlmt we had some conditions. We didn't know if we were going to do il or not. Okay. Perfect. Don~ you lo\'e the Sunshine Laws? I can'l talk to my 0\\11 folks bnl, thank you. Okay. That W'dS pretty much it. Are there any questions about that from the board? (No response.) CHAIR WOMAN WOMBLE: Okay. Well, as we see fit, we're going to go through different ordinances. different legal 7683 Pelican Bay Seniees Division Meeting December 3. 2008 161 1 ~l~ matters, and just try to get an idea of where we are, stay on the same page. And if we have anything IIIajor to report, we will. Okay. And we'll see you on January 27d'at if you'd like to comcand visit us. The budget meeting on January 26th is at one o'clock, is it? MR. LEVY: Yes. CAPITAL PROJECTS UPDATE CHAIRWOMAN WOMBLE: Okay. 11l3nk you. Mike. And I believe ours is also at one o'clock. That makes it a lot easier. All right Capita! projects, update on the Oakmont Palkway. This is Kyle Lukasz, MR LUKASZ: The Oakmont ParkwdY irrigation is proceeding along pre11y close to schedule and should be completed. At least the irrigation portion should be completed by the end of the month. VanderlJilt Beach Rood bullard lighting, the only tiling we're lacking is having the meters set and we do have power there. Those lights are operating and that project is completed. And the crosswalk at Myra Janco Daniels modification has been made to the pennit which now extends tll3t pennit to the end of Febrmny and also includes the construction of the crossw.Ilk. The process Il3s beg1m with the easement from Tierra Mar and that should be finalized in tile middle of January before we can do the final on it. Tierm Mar Il3s a meeting set up in January at which time we anticipate their approval and the easement be recorded and then we'll proceed "ith tile construction. CHAIRWOMAN WOMBLE: Kyle, was there any chance to get some kind of a price on solar panel usage? MR. LUKASZ: I didn't get that yet. I've spoken with the contraclor. He is supposed to be getting me that infonnatioll. We still need the easement because we're also using that power for the bubbler to put in the lake there. So as far as the easement and getting the power, we still need that and I'll get the option for the solar panels for tile next meeting. CHAIRWOMAN WOMBlE: Okay. Thank you. MR. HANSEN: Kyle, are the projects coming in witllin the budget amounts? (Simultaneous speakers.) MR LUKASZ: Myra Janco Daniels so fur will come in a little under budget. MR. PETTY: Madam Chair, since we've already gone over budget on these items, they better be under budget now. We've already expanded the budget once when the cost caIne in, much higher than wll3t we'd hoped. MR HANSEN: So are there any e.'I.'jlCClations beyoud the revised budgeted numbers? MR LUKASZ: Not wll3t we reported to the board at this point. CHAIRWOMAN WOMBLE: Okay. Terrific. Thank you, Kyle. 7684 Pelican Bay Services Division Meeting December 3. 2008 161 1 AIlf MR. PETTY: Madam Chair, we have one issue to bring additional and that has to do witb Tim Hall of Turrell, Hall & Associates. As we discussed at the last meeting, bis conllact is up in Fcbruaty. We're looking for transition to the new committee sometime in that JanuarylFcbruaty and now we're even !binking March time fmme. The new committee is coming off in a slow due process kind of w<lY. CHAIRWOMAN WOMBLE: Right. MR. PETTY: We have said that we will not abandon Clam Bay and will maintain our duties there until relieved, and it's being drawn out a little bit. We didn~ expect tn have to ex1end Turrell, Hall & Associates' contract, but we'd like your permission to do so. We do now think that Turrell Hall sboutd be obtained for anotber six-month period, which is !be block that we buy from bim. We tlrink that be would be good in tbe transition wi!b the new group. We can~ think of another envirorunental scientist that we could recommend higher than Tim Hall So we think it works and we'd like your permission to go allead and negotiate that and process. MR. LEVY: Jobo, does tllllt have to be run by !be County first to make sure that tlley're not going to withbold payment? MR. PETrY: I'll put it through the manager's office to make sure tllat this doesn't .iolate any procednres that they're looking for. I have to tell you, in my discussions with !be manager's office, !be transition in this type of issue is exactly what !bey hoped we would do. There is a second issue as well tlla! I'd like yoo-al\ to consider beyond the exiension. And that would be currently Tim Hall does not take on anotber job if he thinks that it is conlJicting with anything to do with Pelican Bay. And as the new Clam Bay group has sometimes been at conflict wi1h us, slalf is going to ask you, because Tim won't., stafl's going to ask you if you would allow bim to work wi1h the new entity because wc think, again, he is !be best environmental scientist that we could possibly recommend. So if you would give him that pennission while be is working under our contract or any extension 1hereof, that you would give bim authority to wOIk witb Mr. McAlpin and other County entities, again, for !be sake of the mangroves. CHAIRWOMAN WOMB~E: I tlrink at this point I need to talk to Tim. TiIn, are you going to be comfortable wi!b that kind of a situation? ArKL yes, I totally agree tllllt be is !be environmental scientist that we want., but bow are you feeling abont that? MR. HALL: I tlrink that as long as my responsibilities to 1he outside entities are confined to science where I'm saying, this is what's out tbere. Here's what it is. And l'm not brought into a political conlJict of interest in tennsofwoo'sright about what 1hey want to do, I think I'm able to say, here's what's out there, here's my opinion of it, and then step back; and under 1hose guidelines, yes. I tlrink I can work tllllt way. CHAIRWOMAN WOMBLE: Okay. Well. I have a feeling that if it turns into anything more uncomfortabte, you would 7685 Pelican Bay Services Division Meeting Deeember 3. 2008 161 1 AI!; definitely let us know. MR. HALL: Absotutely. Yes, ma'am. CHAIRWOMAN WOMBLE: Yes. Okay. Terrific. MR. PETIY: Madam Chair, on these two issues.. CHAIRWOMAN WOMBLE: We need to vote. MR. PETIY: We need to vote on each one separately. The first one is to continue the contmct for six months. CHAIRWOMAN WOMBLE: Okay. John, I understand the situation for that I am wondering... MR. PElTY: There's no rush, Madam Chair. We coo1d wait until the Janumy meeting since he does have a contract with us through Februmy if you'd like time to think about it. CHAIRWOMAN WOMBLE: Anyone on the board have a concern or a suggestion, question? (No response.) CHAIRWOMAN WOMBLE: Do we have a quorum with Jeny gone? MR. PETIY: We do, Madam Chair. We have six membelS present out of eleven. That gives us our quorum. MR. HANSEN: It sounds like he's got a good reputation. He's well thought of and well respected. I think we might as well after discussion I would make thatlllovement. CHAIRWOMAN WOMBLE: I see 00 reason not to. We have the lOOney in tile budget. MR. LEVY : Yes. We don~ know what the County's going to do with their 200,000 at this point that's in the budget. MR. PETIY: We suspect that we are using Fund 1I1, which is the County's revenue sharing with us out of tile numicipaJ services tax tlrnt you-all pay. So it comes ont of your pockets anyway, guys. That, yes, it should cover the contract and the budget does have tlris anticipation. So we don't have to do any budget ameud.Inents. We're just looking for your approval. CHAIRWOMAN WOMBLE: Okay. May llrnve a secoud for or a motion that we have... MR. PETIY: Motion but no second. No secoud yet. CHAIRWOMAN WOMBLE: No secoud yet. Motion only. A motion for us to cootinuc with a contract for Tim Hall helping us with our water management system. MR HANSEN: I move we contiuue. MR. PETIY: With the Clam Bay. CHAIRWOMAN WOMBLE: Witl, the Clam Bay system. 7686 Pelican Bay Services Division Meeting December 3. 2008 16/' 1 AlII MR. HANSEN: I respectfully move that we continue with the contract as stated. CHAIRWOMAN WOMBLE: Do I have a second? MR. LEVY: I second. CHAIRWOMAN WOMBLE: Okay. All in fuvor? Mr. Hunter Han._ moved, seronded by Mr. Michael Levy and apprOlJed unanimously to extend the rontrad of TIU1'W!iJ, HuH and Associates for an addiJionol 6 months as regards the Clant Bay system. ~----- --- - --- - -- ---- - -- - ----~------ --. CHAIRWOMAN WOMBLE: Opposed? (No response.) MR. PElTY: Thank yon, Madam Chair. The second matler I'd like yoo to consider is allowing Tim Hall to work with Collier County and the new Clam Bay group without violating his contractual conditions cnrrently while on our c."1ension. CHAIRWOMAN WOMBLE: All rigbt Do I have a motion? MR. LEVY: One question. Are we going to get feedback from him with regard to... MR. PElTY: I'm sure he'll lell us everything that he knows. MR. WZZO: As an overseer, rigbt? MR. PElTY: It has been the policy of all the contractors that we work with, including myself, that if we had a contract with anybody else if it had relevance to Pelican Bay, that they would bring the infurmation back and share. In this case, he's working for a government entily, so any information that he produces. of course, is public record. So, nf course. he'll share. Well make him. MR. LEVY: That sounds like an advantage to ns, then, to have somebody who can keep us posted. I'm sure there will be a lot of Pelican Bay people attending.those meetings. Here's somebody we know who'll be attending the meetings too. MR. PElTY: Yes, sir. CHAIRWOMAN WOMBLE: And "ith the environment and its best at heart which is even more important. MR. PETIY: And, again, the mangroves are at risk. So we'd like to have the best. CHAIRWOMAN WOMBLE: Yes. Okay. So do we have a motion that Tim Hall be given the chance to be comfortable working witll both the government and witll our board? MS. CRAVENS: (tnaudible.) 7687 Pelican Bay Services Division Meeting December 3. 2008 16/ 1 ~10 CHAJRWOMAN WOMBLE: Pardon me? MS. CRA YENS: lsn~ it the new Clam Bay Advisory Committee that you are allowing him to work with not, for instance. just Mr. McAlpin or Coastal Zone Management? MR. PE1TY: Madam Chair, the recommendation from staff is to work with the new Clam Bay committee. The CAC is not involved, as far as we know. As fur as we know the new Clam Bay committee when they were created or established are to speak directly to the Board of County Commissioners. So that is the entity that we're looking for Mr. Hall to be able to work with. But the contract would go through Collier County and would be administered by Mr. McAlpin. TI,ere's no doubt about that. So we are asking for pennission for Tim Hall to be able to work under other County offices in reganIs to Clam Bay while he is under contract with us during this extended time period. CHAIRWOMAN WOMBLE: All right. Do I have a motion to that ctrect? Anyone want to make a motion? MR. LEVY: So moved. CHAIRWOMAN WOMBLE: Okay. MR. WZZO: Make a motion. MR. HANSEN: I second. MR. LEVY: Make a motion that it's acceptable for Tim Hall to be an adviser for the Clanl Bay Advisory Committee at the same time that he's working for us recognizing that he's going to be under anolher County COmIae!. MR. IAIZZO: Basically supporting onr interests with this County board. MR. PE1TY: No, sir. No, sir. We're not sending him there as our emissary. We're basically asking for you to relieve him of that obligation so that he am go to work for them. Otherwise, he'd have to ten them no thanks and they would have to accepl somebody clse. So we think fur continuity of Clam Bay that Tim Hall, who's been here for ten years, would probably be the best person. So we're asking for your pennission 10 aUow him to do that. MR. lAIZZO: So he's going to wear two hats basically. He's going to work for us and his other life he'n work for the County, and then we'll have the benefit of the feedback that he's learned on his time with the County or the advisory committee for the area? MR. HANSEN: Wasn~ there some stipulation of language that there's no conflict of interest? MR. PE1TY: That is the interest here is that we're looking for you to alleviate that conflict. MR LEVY: He's not full time under our purchase order. !llough; right? I mean, our purchase order... 7688 Pelican Bay Senices Division Meeting December 3. 2008 161 1 Alit MR. PETrY: Oh, he has lots of other clients. No. He likes us to think he's the only one. MR. LEVY: He's got the time to do tbat, yes. MR. PETrY: So in this case he should always come before yoo. The same way I have done in the past where in talking with the FOlllldation when they want to go over the history of the 12-acre utility site, I came to you and said, can I have permission to do SO because this has the potential for a conflict. I bad to come to yoo and ask for pemlission. It's in my contract. Tim bas the same concern. CHAIRWOMAN WOMBLE: He WeaIli the saIne green bat. 101m laizzo, it's the saIlIC green bat. He's an enviromnental scientist. He just doesn't want to be caught into a conflict of interest and that's where we're headed. MS. CRA YENS: Can he bring the project to PBSO before he gets involved with it so that yoo know wbat it is? CHAIRWOMAN WOMBLE: Marcia, yoo're out of order. I believe we have a motion before us. MR. PETrY: We bave a motion. We baven't heard a second. MR. HANSEN: I second the motion. CHAJRWOMAN WOMBLE: All right. Those in favor? Mr. Michael Levy moved, seronded by Mr. Hunter Hansen and approved unaninwusfy ,,, aJ/ow Tim Hall of TUJTeII, Hall and Associates UJ work with the Clam Bay Advisory CommiJtee and other Cou~ entities while still under contract with PBSD as regards Clam Bay. ---~~-~ CHAIRWOMAN WOMBLE: Opposed? (No respouse.) MR. PETrY: Madam Chair, that's all I bad to bring to your attention. Thank you. COMMUNITY ISSUES CHAIRWOMAN WOMBLE: Okay. Thank yoo. All right. Capilal projects, we got that. Community issues, prior capital considerations, for instance. pathways and larger mobility ilelus. John. MR. PETrY: Madam Chair, Mr. Molfun bad asked to bring these otbers back up for discussion. As yoo know. he's on the budget committee, and was going through minutes had read where these itetns bad come up during tbe last budget prep. If you rec,lIL we bnd looked at one capital project last yenr during our budgct considerations, which WlIS improving the pathWllys. CHAIRWOMAN WOMBLE: Right. 7689 161 lAt{P Pelican Bay Services Division Meeting December 3. 2008 MR. PETrY: We talked about I think it was improving them in width and in quality. To stop doing the patch piece-by-piece policy that we currently have, and how mncl) would that cost. And I think Mr. MolIatt wanted to talk about tllOSC issues and what he calls larger mobility issues which, again, have to do with how do you walk how best to get around, how do the bicycles get around, et cetera, how do we tie all that together. Unfortunately, he had to \eave early. CHAIRWOMAN WOMBLE: Well, fortunately, I know why he's coming up with that. Aside from the budget, he's been attending strategic planning committee meelings and thai is one of tlle things tll3t we are discussing in those meetings about anything to do with the future of Pelican Bay. And that's certainly one of those futuristic ideas that we are going to make it a better place, we need to have better sidewalks, better pathways, and better mobility. It's been brought before that committee that possibty we could do a transportation slndy. ThaI's being considered. lbe survey thai \WlS sent out is going to be offered to the public very soon with Town Hall meetings. And we're expecting that this will be one of the issues that comes before the entire community. Ami as we all know, there is a lot of work to be done. There are a lot of places on the pathways tltat need to be addressed. So we're thinking more in terms of the future and making it a better situation all over the entire community, not just patching. So possibly that's what Jerry \WlS coming up with. I would imagine that's it. MR. IAlZZO: That's best be kept with strategic plarming then. CHAIRWOMAN WOMBLE: At this point. yes, because it's still in the working phase nf where our priorities are. And with the economy the way it is, we are being careful as to what we decide on first, second, third, fourth, and the issues that are before us are myriad. So thai is still in the plamling stage, but it is definitely part of that process fur the future. MR. PETrY: Madam Chair. the only thing I can add to Mr. laizzo's statement is that there is an issue that does affi:ct PBSD and, that is, when you go to implement, that is wllere PBSD would need to get involved in tlle process because we are maintaining that right-of-way. CHAIRWOMAN WOMBLE: Right. MR. PETrY: And we need to be able to work with that system. But wailing for the strategic planning group to do all the pnblic vetling I think is marvelous. We don't spend money twice. MR. LEVY: Bnt you got estimates, as I recall, John. You have some budgetmy estimates. Are you sharing with the strategic planning committee? CHAIRWOMAN WOMBLE: Hewill as soon as he hands it to them. MR. BOLAND: I have a question on that pathway. We discussed this last year. And you really can't go to the left 7690 Pelican Bay Services Division Meeting December 3. 2008 161 1 AI(P because of the trees. You have to go to the right. Now, there was some discussion on it and we never got an answer on it. I'D give you an example of my association in Crescent. We maintain up wm the wall at Crescent np through the pathway, sidewa1k, as I recall. Now, do we, the people of the Crescent, own that particular piece of land or is it the County's or is it Pelican Bay common area? And that wonld have to he investigated because you're looking at an awful lot of property there and asking the people to give this np. Forget the pathway part, just to get the approval to go onto that property, some of the associations, like I said. the economy's in had shape, wonld want monetary reimbursement for it. I don~ know. You were saying you were doing that study. That's something you shonld reaDy took at. I don't know if anyone knows that. MR. PETrY: Madam Chair, we have looked at that and we know in almost all areas M10 owns what. CHAIRWOMAN WOMBLE: Okay. MR PETrY: And there arc some issues if you want 10 move the pathway, there's an issue of private property that you want to discuss in getting an easement or not. Now, maintaining it to Illat edge of bicycle path or palllway, wllatcver you want to call it, that's something we all do in Pelican Bay by gentleman's agreement. Now, we all know where the easement line is. The trouble is, and since the pathway wiggtes, if I mowed it, I wonld have this 2 inches to 2 feet to 10 feet that woutd he mowed. It would look stupid. So a long time ago Kyle with his good conunon sense went to property owners, each one, and said, guys, this is wllat we got to do. It's the only thing that makes sense. And IllCy've been doing it now for 18 years or sincc he's been here, what, 16 years. That doesu't denote a properly line, but we are aw.tre of that. We don~ Iltink we're going to llave too much trouble. It may cut down on an option or two where we'd like to expand a little bit, but we think we can work with it. A1; fur as the trees arc concerned, some of those trees we were going to go around. both ways. We think that might he a nice touch. Take Ille pathway and split it and go around the tree. Right now a lot of the pathway is in the .- zone because the trees have grown up. Of course, the palllway now is crumbling because IllC rools arc there. So what we'd like to do instead of cutting down the tree is take Ille pathway, split it, and go around. MR. IAIZZO: If Illis thing won1dn't go through, we'd get variations in the width of that pathway for miles. MR. PETrY: We already have various widths in the pathways. A1; you know, Pelican Bay Boulevard heading towards the Ritz Carlton it gels skinnier than it is over by Tierm Mar. And it gets a straight line instead of the meandering weave. So the weave is pretty nice when you're walking it as long as you're not drinking at the same time. CHAIRWOMAN WOMBLE: That might he a better fit. Any other questions? (No response.) 7691 16/ lA-If; Pelican Bay Services Division Meeting December 3, 2008 CHAIRWOMAN WOMBLE: All right Plan reviews. I see none. MR PETrY: Madam Chair? CHAIRWOMAN WOMBLE: Yes. MR PETrY: Until we get the olher member back, we don't have a quorum. MR IAIZZO: Nothing on the motion. MR PETrY: As long as we don't vote, we're okay. AUDIENCE PARTICIPATION/COMMENTS CHAIRWOMAN WOMBLE: WelL let's go to audicnce participation. Yes. sir. MR SIDElL: My name is Steve Sidell, excuse me, and I live at San Marino. I have to apologiz.e. This is our first PBS meeting this year. It's about our 50th over the years. [am a little concerned or interested about this Ordinance Review COImnittee. I think I heard yon say that you were studying certain rules and regulations and ordinances and so forth. And it stmek me that the Foundation is going through a whole series of meetings and I just picked up 79 pages of a report they put out. Is there some conflict there? CHAIRWOMAN WOMBLE: No. MR. SIDELL: Are you working together? What's the... CHAIRWOMAN WOMBLE: We were initially the Pelican Bay Improvement District and there WdS a change. By ordinance by the Commissioners we changed 10 Pelican Bay SeIVices Division board. It was more an understanding of exactly what our powers and rights and what we should be doing as a board. That's wbcrc we're looking at not anything else. We aren~ superseding anything else or worrying about that. We are just trying to see where we fit into the community and exactly what our rights and privileges are as a board. That was it. MR SIDELL: So you're n()t trying to expand your respousibilities in any way either? CHAIRWOMAN WOMBLE: No. We're trying to make sure that we are actually committed and pctforming our particular situation and responsibilities. MR. SIDEll: llmnk you. I got two numbers for your next meeting. Is it Jannary 27th or 22nd? MS. McCAUGHTRY: Twenty-seventh. CHAIRWOMAN WOMBLE: Seventh? MR. SIDELL: Thank yon. 7692 Pelican Bay Services Division Meeting December 3. 2008 16' 14(& CHAIRWOMAN WOMBLE: Yes. I'm glad you said that. Marcia. MS. CRA YENS: Hi. I kind of lost my voice. I don't know if you can understand me, but primarily Ijust want to speak to the permit issues. And we've spoken about the permil issues for Clam Bay in great detail a lot of times, but there's also the permit issue on water management, the original permi~ which is a vel)' comprehensive water management pennit. I think it allows you 10 modiJY it for any new surfdCC water management issues yon might want to deal with. But also, and I have wriucn this and I'll send you an e-mail on i~ South Florida Water Managemenl District has some new directions they're going in. And they have a progrnm for funding alternative ways of securing waler, particularly for irrigation. And that's what I WdS trying to say earlier is PBSD may be able to apply for funding and they may be able 10 get expert guidance from the South Florida Water Management District. Thanks. CHAIRWOMAN WOMBLE: Terrific. Jolm. doyou have any knowledge of that funding that's posstble? MR PETrY: Typically, South Florida Water Management District funding and expert don't all fit in the same sentence. They're very good engineers, excellent engineers. Their eD\1ronmenlal record is 1101 good. And their financial skills are terrible. So any money thaI comes from the Slate, the DEP Fund, which is overseeing South Florida, and we can look at that, although I can give you the canned response that I always say, when DEP is offering molleJl or the State of Florida oIfers money, tile s!rings attached typicalty cost you more than the money is worth typically. That doesn~ mean we shouldn't look at it though. CHAIRWOMAN WOMBLE: Could you do that for us? MR PETIT: Oh, absolutely, Madam Chair. CHAIRWOMAN WOMBLE: 'Thank you. Are you still speaking 10 Mr. Foley and he 10 you? MR PETIT: No, Madam Chair. CHAIRWOMAN WOMBLE: No? MR PETIT: No. It's why I wish to go to the policy IDUkers in Pahn Beach versus the regional office that is stuck with their procedures and they don't have the authority to go past their procedures. So I need to go to the policy IDUkers that's one of Ule Pelican Bay Services Division Meeting December 3. 2008 16r 1 Allp (No response.) CHAIRWOMAN WOMBLE: All right. May I have a motion to adjourn? MR. IAlZZO: So moved. CHAIRWOMAN WOMBLE: Okay. Mr. laiz:w has made a motion. A second? MR. BOLAND: Second. CHAIRWOMAN WOMBLE: Thank. you, Mr. Boland. All in favor? ~ ------- --------~-~---~ Mr. John laiz:;;o moved, seconded by Mr. John Boland and approved unaninwusly to adjourn the meding. CHAIRWOMAN WOMBLE: Opposed? (No response.) CHAIRWOMAN WOMBLE: We are so a<!joumed. Tbere being no furtber bosiDess tile meeting was adjourned at 2:30 p.m. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE. INC., BY CAROLYN 1. FORD. RPR FPR AND FORMATTED BY MARY MCCAUGlITRY. RECORDING SECRETARY FOR PELICAN BAY SERVICES DIVISION. 7694 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 161 1 ~ A-n RECEIVED JAN 0 6 2009 Fiala ~~ Halas - Henning V Coyle Coletta -(jz October 21, 2008 Board of County Commissioners Minutes 1. The meeting was called to order by Dale Lewis at 3:35 PM. 11. ATTENDANCE Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella, John Weber County: Darryl Richard - Project Manager, Tessie SiIlery ~ Operations Coordinator, Caroline Soto - Budget Analyst, Steve Curnel- Purchasing Director Brenda Brilhart - Purchasing, Rhonda Cummings - Purchasing, Michelle Arnold - A TM Director, Pam Lulich - Landscape Operations Manager Others: Darlene Lafferty- Mancan 111. APPROVAL OF AGENDA Add: V C. Purchasing Department Betty Schudel moved to approve the agenda as amended. Second by Dale Lewis. Motion carried unanimously 5-0. IV. APPROVAL OF MINUTES: September 16, 2008 Change: VI!. B. motion should read Dale Lewis moved to accept the "$25,000 Design fee from McGee & Associate based on a $250,000 Project estimate with a minus or plus of 10% cap. Second by John Weber." Motion carried unanimously 5-0. Betty Schudel moved to approve the September 16, 2008 minutes as amended. Second by Dale Lewis. Motion carried unanimously 5-0. Steve Curnel reported the following on the new Contract for Landscape Architects: . Selection Process was complete . 5 Firms awarded for even distribution of work load i. Located in Collier County - 4 Firms ii. Located in Bonita Springs - I Firm . Firms will be assigned alphabetically for a term of I year per MSTU - Effective January I, 2009 . Wyndham has been placed with Radio Road MSTU . Suggested 2 options - i. Have Wyndham attend a meeting for Q & A ii. Meet with all Firms Mise Corres: . It was stated that Wvndham has experience with MSTU Projects - Date: O~ l"t ltem#: 161 1 An Discussions ensued and it was stated that Radio Road projects have been consistently delayed. It was noted that it took 10 years to complete Phase I of the Project. It was perceived that changing Landscape Architects was not justifiable to Tax Payers as it takes time for a new Firm to be brought up to speed. This was an additional cost that the MSTU was not willing to pay. Steve Curnel responded that Fee Schedules were identical for all Landscape Architects. He stated Phase I plans were complete and he would confer with Wyndham Studios for a time impact. Michelle Arnold reported that it was a County wide effort. Darryl Richard stated based his experience with Wyndham Studios continuity for Phase II Design would be carried throughout. Dale Lewis stated during business dealings he had encountered similar situations with the end result always being additional cost incurred. Discussions took place concerning the status for Phase II Design. It was determined that the assigned Landscape Architect would take the Conceptual Design to the Final Phase II Design. The Committee expressed frustration, noted that 13 major changes had occurred by County direction at cost to the Taxpayers. The Committee requested to continue with McGee and Associates until completion of Phase II. Dale Lewis stated that a motion was passed by the MSTU Committee at the September 16, 2008 meeting for McGee and Associates to complete Phase II. Steve Curnel replied that the Purchasing Department was working with all MSTU's to reach a fair and equitable solution as requested by the BCC. Dale Lewis moved to invite Wyndham Studios to the next meeting to discuss his Fees for Project II from Windjammer to Kings Lake, to see when a start up date would be and how fast Wyndham Studios can get the project going within the (Radio Road MSTU) budget. Second by John Weber. Motion carried 3 ye s - 2 no - Betty Schudel & Helen Carella voting no. It was noted that Purchasing Department will attend the November 18, 2008 meeting. V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Available Operating Expense $148,750.33 . Budgeted Improvement General $788,700.00 . Improvements General Actual Expenditures $130,012.18 (Hannula) Darryl Richard stated McGee and Associates will continue under Contract as Landscape Architect Consultant until December 31, 2008. B. Project Manager Report - Darryl Richard distributed and reviewed the Devonshire Maintenance Contract Bid. (See attached) Upon receipt of Bids they will be email to the Committee. C. Purchasing - Previously discussed IV VI. LANDSCAPE MAINTENANCE REPORT - None 161 1 An VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report - None B. Radio Road Project Phase I and Phase II-A - None VIII. OLD BUSINESS Michelle Arnold introduced herself. She noted the MSTU Committees were doing excellent work. IX. NEW BUSINESS Betty Schudel expressed concern of a leaning Pine Tree over Devonshire. Darryl Richard responded CLM would be advised Discussion ensued concerning the Mahogany Tree that is impeding the Shrub Hedge on Devonshire. It was noted that additional easement is required to replace the Shrub Hedge. Betty Schudel reported there was a 25 ft easement in place. She was requested to obtain the report. X. COMMITTEE MEMBER COMMENTS - None XI. PUBLIC COMMENTS Stephanie Sagen and Charlotte Tarr, Cape Sabal residents distributed an aerial map of the proposed Median on Cape Sable Dr. (See attached) They were requesting installation of irrigation in the proposed Median by the MSTU. It was determined that Cape Sable Dr. was out of the MSTU jurisdiction. The suggestion was made to install plantings that do not require continual watering. There being no further business to come before the Committee, the meeting was adjourned at 5:00 PM. Radio Road Beautification MSTU Advisory Committee )j~'i,jj~ Dale Lewis, Chairman These minutes approved by the Committee on as presented A or amended ~ ' IL - ,) /. G 1, The next meeting will be held at 3:30 PM, December 16,2008 Collier County Transportation Building/East Conference Room 2885 Horsesboe Drive South Naples, F'L 34104 161 IItf7 '" Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 November 18, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: October 21,2008 V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report - Darryl Richard VI. landscape Maintenance Report - ClM VII. landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II-A VIII. Old Business IX. New Business X. Committee Member Comments XI. Public Comments XII. Adjournment The next meeting is scheduled for December 16, 20083:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 ~ I- co III CI ~CO~ 010 - c(........ 00'" a:Z:G O~.a LL. 0 - ... o u ~ 0 <'> .... ex; o '" ~ 16f 1 fr/1 .. 3- tOj! =0 to I- ~ N6'r-~CO OOCOC'\lM I.OONN""': ~8 ~~ to-ci ..0 o~ ~ ~- 5:?. 00 00 g~ N 0808<'>"''''88<'>0<'>08 o 'OI;t ('l')('I')C") ,....0.......0 g g g gg .,;.,; g g ~ g ~ so!!2 It)It) It)....gjgj........'''coIt)CSCS oJ..,:~-MM.,.:,..:oi..,:..,: "'ltLt) NN ~co w ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .l!l c .. E "" E E o ' u~~~~~~~~~.~~~~~~~~~~~~~~~~~~ 0 l!l 0 co 0 0 . 0 0 '" ex> co ci N g 0; M 0; 0 .... '" ~ CD 0. ~ It) '" ..... ~ oj N ..,: ~ ~ 88 gg It) 0 .00 o~ e~ 8 ~ .0 ~ <'> 080 o 0 ggg .... ex> '" lli&t'ioi ",~.... co co - ~' 8000 000 cig!2g 8....cso ,u'iricio- .... ~co 88gg88gggggggg8g8g g2gg2gci!2ggcigggg2gggg ~~wo~ OlD lOlOlOlOm,....,....,....,.... N ~ooo) N N~ ooooooriri ,....,-,.... U)OI)o:)NN ~........ ... '" ~ ... " m B. ii " ti <(ER-fA.tR-fA.U}-fA.tR-UJ-flR-tR-UJ-UJ-tfl... ~ .f\ (:) <Xl C:J C' C " ~, c, co ('\.! m c.. 0 .... 5 i:'J (:) en a; ,') C) 0 " C ,:"4 () CO m " .... CO ';0 (0 U,' " m OJ '" 0 '" E '..n " C0 '" ~ .. (l: Vi If) (/) U) tA (f) ./i U) tFJ if:) t:ft W U) ~ c: c .. c (J)<( rom ~ ~ ::> ::> tit) '" '" - - i::.c: u " 4:~ ~8. III III ., " " C> ~~!9 c c ., III III 0 -'....JB. ~ CD ~ '" CD <'> 0 lil CD ex> .... .... '" ex> .... ~ .... '" .... ~ '" '" ~ N ,..: ~ ex; cD ~ ... N ~ ~ - " <'> 0 It) ... ~ to"" ~ ~ ... '" 0 It) It) "" 0 ci ti c ... '" <( ... ~ ill " c" ., " Em <( E ~ -' <( I- o I- ., li"cc OJ 000 c.t'f/1;W'-.r::. EE-g~~.!.1 "C Q) n:J"C.C: :::::J a..a...-J.=.=:::E '" ., " .~ ~~ Q).~ ._ t,) (Q .g ~ f6 t) u c: .... .... ., " " " _ 0 fI) Q) wu.Ecn ex> ex>~1t) =I!i~<(Sl",8 iiiSZ~~~ <0 <'> ~o r.DrD 99 ....... <DCO~ ".''''z <(c( ::;;:; 00 -' -' I- I- '" ~ ~~~~~ a~g~i~~ ll.."'-gg'<::Z ........ ., C> '" C c>>~~"O E~Ecc ca w as m 0 Z >- a.. ....J :a; ~ 8-~ .g> "Ouo -=c: ;}I) tt: co "" > 13 u 'C .,. 0 uu i.: luui~iu '2S2~oc;o~ .!:: 000 o lOl.Ol,() ........... .<:i E1! 'Q.i Q) a: c rl~ u 2l o c ., !l! .!:: :J '0 ., .E.E ., ., " ~ " o '" ., (l: c=- Ui ~....J OB. 11.11. (J) ~~~ "'.,- <(<(-5, c: 06 ellS 'Q) ~$mU: iffffcn :;:;~~ ....0008"'0 NOCO f'..O o;ggggg~ OCOlt)OOO N ~ci&Ciai -~ ~ 88gct !2gg~ i <:s f'.. 0 co &Ci ~ a)-.:-~ .... It) ... ... ... ... ...... ... " '" 0 ": It) It) " N ~ co '" "'. .... '" ..,: ..... ~ ... ... ... ... ...... ... ... ... 00000 000 0 so!gggg i:1)co~oo N f'..- 0- -q-- .. ~ ~ .... III CD ..... GO at W B. a. ::>~cn ~<( (J) (J) a. (l: ~!Z~ ~:;~ ~~~ 5 ~wz 8 ww~cn a:~:;~ a:moc~W ~~w Z a:(l:Qu~ ~w~<( ~a:w~~:;~w~~z Wl-U<(~ >ZcnJ <(OB.-Jw~B.cnc::> ~cn~~~ ~~~~ :;c~~m5~~!zJ~ 08wz~~cwa:~ w~<(~~mw~~~~0 ~1-~8WU~~~z ~~cnc~a:&ZwOoffi ~~~a:~~ffi~~~~~~~~a:~a:~~~~~ ~~~~~~I-~ocZ~C~w~~~~~a:~~~ .Z z <( 01- O....J ~ ~ a. 4' ~ ~ a:!::l w o~ w 01-0 !i c a: ~ w_~ ~w>_w~~~~~~ ~ _U~~ ~~~~~~~=~~N~~~~=~fi~~~R~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ....J ~ 0 ><~uw!fuz ~ <(wwa:B.~W I- 1-a::::li:!<(I-~ Z ::E~oo:;:;51>o !:!ZU~OO<(UJO o;::~a:a:a:3:a:olI ~ZI-t;~~a::I-(I) ~Wl-wa:a:o~a: :;cn~~~LL ~ ~I-WZcncn~'#.0 ~~~~~~~ffii u~~a:I-I-UZI- w -' ~ (l:0 z a.U i= a.UI-Z <(1-00 (I)(J)Zu Zzoa: ~~~~0 I-I-www 1-1-...>> WW0a:a: ~~iwW cc (1)0 ~::> ww mml-a:a: ~ ~ :: ~ ~ Fiala f>r: /'YJC- 1 h I ~ RECEIVED ~~~~n~J ~":, , JAN 0 8 2009 Coyle .J(f. I:: ; [, :1 c mm'sSloners Coletta ------ i 'I! JAN 08 2009 "'I ;,,"roo.counti'l:NUTES OF THE MEETING OF THE COLLIER COUNT'.iUlI -. ~. RURAL LANDS STEWARDSHIP AREA REVIEW COMMIT~----- \ North Collier Regional Park, 15000 Livingston, Conference Room A of the Administration Building; December 18, 2008 LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area Review Committee in and for the County of Collier, having conducted Business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the North Collier Regional Park, 15000 Livingston, Conference Room A of the Administration Building, with the following members present: CHAIRMAN, Ron Hamel VICE CHAIRMAN: Neno Spagna Brad Cornell Fred Thomas Gary Eidson David Farmer Tom Jones Jim Howard Bill McDaniel [arrived at 10:50] ALSO PRESENT: CDES staff members Thomas Greenwood and Mike DeRuntz of the Comprehensive Planning Department, Jeff Wright of the Assistant County Attorney's Office, Nick Casa1anguida of the Transportation Division, Laura Roys of the Engineering and Environmental Department as well as approximately 25 members of the public. I. Call Meeting to Order The meeting was called to order at 9:05AM by Chairman Ron Hamel. II. Roll Call Roll call was taken, and a quorum was established as 8 of II members were present [Bill McDaniel arrived at !0:50am], with Tammie Nemecek and Dave Wolfley excused due to conflicting meetings. III. Approval of Agenda Fred Thomas moved and Tom Jones seconded to approve the agenda as distributed. Upon vote, the motion carried unanimously. IV. Approval of Minutes of the December II, Meeting. Ron Hamel stated that page 2 states that the Committee discussed the RLS program in public about 45 hours. The Committee felt it more appropriate to indicate the number of meetings the Committee held. Gary Eidson stated that the language on page 3, under #4 should contain more information to the effect that any additional information provided within the report beyond that discussed and agreed upon by the Committee would not be placed within the Report. Gary Eidson moved to approve the Minutes with the two changes as discussed above. Tom Jone-'MIfC.~.the motion. Upon vote the motion carried unanimously. 0 . Date: ;;L I D D 9 v. Presentations. none l'^ Ii A (') Ilem# t! I I'D IIPage < ,", 161 1 #/~ VI. Old Business A. Revie"; of draft Phase II ReDort. The schedule to present the report to the EAC, CCPC and BCC in a public meeting format was reiterated as January 2St" 29th and 30th to the EAC and CCPC and March 16 and possibly 17 to the BCC with all three groups having a court reporter and television. Pol!cies 3.11, 4.14, 5.6. The proposed additional amendments to Policy 3.11 [proposed by Brad Cornell] and Policy 4.14 [proposed by Nick Casalanguida] and included in the draft Report highlighted in yellow were aired by the Committee. Additionally, Brad Cornell verbalized a possible change to Policy 5.6. 1. Pol!ey 3.11 proposed further amendment on pages 34, 54 and 127. After much discussion and debate and objections and/or reservations concerning Brad Cornell's proposed additional amendment (Attachment AJ voiced by Tom Jones, David Farmer, Fred Thomas, Russ Priddy, and Tim Durham, Fred Thomas moved and Gary Eidson seconded, to not provide any further amendment to Policy 3.11. Upon vote, the motion carried, 7-1 with Brad Cornell voting in opposition. 2. Pol!cy 4.14 proposed amendment on pages 38, 60, 148. (Attachment B] Nick Casalanguida explained the proposed amendment and that is also agreed upon by Wilson Miller and ECPO. Motion by Fred Thomas to accept the proposed additional amendment. Second by David Farmer. Upon vote, the motion carried unanimously. 3. Pol!cy 5.6. Brad Cornel/ referred to Policy 5.6, paragraph 3, subparagraph a, subparagraph ii and explained the rationale for eliminating the following words in the t1rst sentence: "required by regulatory agencies". (Attachment C] After considerable discussion, Brad Cornel/moved and Gary Eidson seconded to amend this sub-paragraph by removing the words: "required by regulatory agencies that are" and to replace the words "immediate adjacent" with "contiguous". Upon vote, the motion carried 7-1 with Fred Thomas voting in opposition. 4. Discussion of Attachment D. [comments received related to the RLSA processes, application requirements, and design guidelines and standards as set forth in the LCD]. The Committee discussed at length #1 on Attachment D and concluded that there is no need to provide EAC and CCPC oversight during the SSA approval process since the process is ministerial in nature due to the fact that the LDC is very specific and the entire SSA applications are reviewed by Environmental Services [both in the oft1ce and ground truthing], Comprehensive Planning, and the Legal Department. Tom Greenwood advised the Committee of the procedures currently used regarding SSA reviews and approvals and there is little ability for subjectivity, either by Staff of reviewing advisory bodies due to the detail of the LDC. Al Reynolds stated that Attachment D is related to the LDC and that is not something that the Committee is tasked with. After further discussion, Tom Jones moved and Gary Eidson seconded to reiterate the Committee action taken on July 15th which was to not have SSAs go before the EAC and CCPC and that the Committee supports having the SRAs going to the EAC and CCPC. Further, the motion was to have Attachment D made part of the Appendices section of the Report. Upon vote, the motion carried unanimously. 5. Formatting and specific Comments to Draft Report. Tom Jones provided the following edits: a. The Stewardship Overlay Map, the Attachment A-Stewardship Credit Worksheet, the Attachment B-Land Use Layers table, and Attachment C-SRA Characteristics Table need to be moved from Section 3 to Section 2; 2lPage 161 1 ,4(~ b. Place additional tabs in the Phase II Report at the beginnings of Sections 2, 3, 4, 5, and 6. e. Tom Jones stated that he would provide an eITata sheet by Monday, December 220d of other changes. d. Page 30.. .delete the following sentence in the Preface: "The substantive amendments included in this Section include amendments to 12 of the 77 RLSA Overlay policies." e. Page 30,..a typo in line 3 of the preface..."actives" to "activities" Bill McDaniel moved and Fred Thomas seconded to allow staff to make grammatical and typographic coITeetions to the Report without Committee approval. Upon vote, the motion carried unanimously. Section 1 of the Report r substantive amendments 1 Fred Thomas moved and Bill McDaniel seconded to approve Section 1 with any and all grammaticaf eOITections and other modifications as discussed previously. Upon vote, the motion carried unanimously. Section 2 of the Report rRLSA Overlav in its annotated entiretv 1 Brad Cornell moved and Fred Thomas seconded to approve Section 2 with any and all grammatical corrections and other modification as discussed previously. Upon vote, the motion carried unanimously. Section 3 of the Report r supportine. docnmentationl Tom Jones stated that he wants the Committee to review Section 3 in its entirety prior to Committee action. Nicole Ryan and others made comment that some of the maps were not clearly legible. The Committee, after discussion, directed staff to secure Rooms 609/610 in the CDES building for a January 6 meeting which would start at 9am and continue until finished to review Section 3 and take action. The Committee, after discussing the fact that the Supporting Documentation in its entirety had not been reviewed by the Committee and that some of the maps in this draft are not legible, took the following action: Fred Thomas moved and David Farmer seconded to table action on Group 3 pending presentation at the January 6 meeting by Wilson Miller. Upon vote, the motion carried unanimously. Section 4 of the Report r public participation and comments, Committee deliberations, Committee actions 1 . Policy 1.8 on pages 106 and 107.. ..Tom Jones stated that the language related to the Environmental Services proposal should be removed as ES withdrew their proposal and that the Committee deliberations on August 5 should reflect that the proposal was withdrawn by ES. . Page 1 18...under Committee September 30, 2008 Action, the reference to the DCA ORC report should be deleted as it does not related to the ORC Report. . Policy 4.2 [beginning on page 134 and ending on page 137]...Tom Jones stated that the Committee on September 30th voted to accept the Wilson Miller September 18, 2008 calculation of Credits and SRAs under existing and revised RLSA and that this should be shown as a Committee action. . Page 137...referenee at the top of page 137 should be "Appendix H" rather than "Appendix N" 31Pilge 161 1 A/~ Fred Thomas moved and Gary Eidson seconded to approve Section 4 with the changes and corrections as outlined above. Upon vote, the motion carried unanimously. Section 5 of the Report [Policv 3.7 of theTransportation Element]. There was no further public, staff, or Committee discussion regarding this proposed new Policy 3.7 for the Transportation Element of the GMP. Fred Thomas moved and Gary Eidson seconded to approve Section 4 with the above changes. Upon vote, the motion earned unanimously. Section 6 of the Report r Appendices 1 The Committee members directed staff as follows: . Separate table of contents for appendices . Make certain that all Appendices are legible. [staff will complete this task prior to final copying] . Incorporate all presentations made to the Committee into the Appendices for one eopv for review by the Committee on January 6m. [staff will not be making multiple copies for the January 6 meeting] The Committee discussed having the appendices on a CD and on the web site and not included in the report. Tom Jones stated that the appendices should all be in the Report and legible so that the reader has a complete document. Anita Jenkins suggested that reference be made in the cover letter and in the Appendix that the plan awards have been given to the Collier County Rural Lands stewardship Area from the following organizations: a. 1000 Friends of Florida, Better Community A ward, 2005 b. FlCE, Engineering Excellence A wards, Honorable Mention, 2004 e. Economic Development Council of Collier County, Innovation Awards, 2003 d. Sustainable Florida Council, A ward-Winning Best Practices, 2003 e. American Planning Association, Florida Chapter, A wards of Excellence, 2003 VII. New Bnsiness VIII. Public Comments. IX. Next Meeting. Mr. Hamel stated that the next meeting will be held on Tuesday, January 6, 2009 in Conference Rooms 609/610 of the CDES Building located at 2800 North Horseshoe Drive beginning at 9:00am and continuing until completed with the major items on the Agenda to be: · Presentation of Wilson Miller of the Section 3 Supporting Documentation; . Review and Action on Section 3 [Supporting Documentation] and Section 6 [Appendices] . Discussion of presentation of Committee's Five Year Report X. Adjournment The meeting was adjourned by acclamation at I I :55 PM. -,-.- iew Committee These minutes approved by the Committee on amended , as presented or as 4lPagc 161 1 Art Attachment A Policy 3.11 (recommended amendment) L In certain locations there may be the opportunity for flow-way or habitat restoration. Examples include, but are not lirrrited to, locations where flow-ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall Be given to restoration within llle Cam]l Keais ~trand FS}I. or eontigllolls HSf,s. Should a property owner be willing to dedicate land for restoration activities within a FSA or HSA the Camp Keais StruBd FS}. ar contigHous HS}.s, f-oHr two additional Stewardship Credits shall be assigned for each acre of land so dedicated. An additional two Stewardship credits shall be assigRed for each acre of land dedicated for TestoratioB acti'lities '.vithiR other FS.^.s and HS.^.s. The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also complete restoration improvements, this shall be rewarded with feHF additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration. The additional Credits shall be rewarded for either caracara restoration at 2 Credits per acre, or for exotic eontrol/burning at 4 Credits per acres, or for flow way restoration at 4 Credits per acre, and for ef other appropriate native habitat restoration at e 2 to 6 Credits per acre,depending on ecological need, inyestment, lag time to yiability, and technical difficulty. Within the area proposed for restoration, Land Use Layers 1-6 must be removed. The specific process for assignment of additional restoration Credits shall be included in the Stewardship District of the LDC. Note: The language in yellow is proposed by Brad Cornell for Committee review and action, Attachment B Policy 4,14 (recommended amendment) The SRA must have either direct access to a County collector or 3lteria1 road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed devefopment in accordance with accepted transportation planning standards. At the time of SRA approval. an SRA proposed to adioin land designated as an SRA or lands designated as Open shall provide for the opportunitv to provide direct vehicular and pedestrian connections from said areas to the Countv's arterial/collector roadwav network as shown on the Countv Build Out Vision Plan so as to reduce travel time and travel expenses, improve intereonneetivity, increase internal caPture, and keep the use of countv arterial roads to a minimum when traveling between developments in the RLSA. 51 '; age 161 1 Itfl PlIalie er l'rivale reads ana eel1fleetini!: si&nalizea inleFSeeliens within er aaiaeent te an i'>R.f. shall ae maintaineaav tRe jlrimafY tewn er eemmllnity it serves. Public and private roads within an SRA shall be maintained bv the primarv town or communitv it serves. Signalized intersections within or adiacent to an SRA that serves the SRA shall be maintained bv the primarv town or communitv it serves. No SRA shall be approved unless the capacity of County collector or arterial road( s) serving the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDe, or its successor regulation shall be prepared for each proposed SRA to provide the necessary data and analysis. To the extent reQuired to mitigate an SRA's traffic impacts. actions mav be taken to include. but shall not be limited to. provisions for the construction ancl/or permitting of wildlife crossings. environmental mitigation credits. right of wav dedication(sl. water management and/or fill material which mav be needed to expand the existing or proposed roadwav network. Anv such actions to offset traffic impacts shall be memorialized in a developer contribution agreement. These actions shall be considered within the area of signit1eant influence of the proiect traffic on existing or proposed roadwavs that are anticipated to be expanded or constructed. Note: Tbe areas bigbligbted in yellow above are proposed amendments advanced by Nick Casalanguida and Jeff Perry. Attachment C ii. Wetlands and immediate adiaeeat contiguous upland buffers rea Hired aY rei!Ulaterv azeneies that are utilized by listed species, or serving as corridors for the movement of listed species, shall be preserved on site. Wetland flowway functions through the project shall be maintained. Attachment D December 11, 2008 STAFF NOTE: The Committee, at the end of its October 28, 2008 meeting, stated that they would like to discuss the below comments when it reviews the draft Pbase II Report. Tbe following comments received are related to tbe RLSA processes, procedures, application requirements, and design guidelines and standards as set forth fn the Land Development Code 4.08.00. Tbese comments are attacbed for record retention and sbou1d be considered dnring tbe time of tbe LDC amendment process. I. SSA approval is not subject to EAC or cepe review only BeC. SRA approval occurs via EAC, cepe and BCC process, as should have been provided for SSA approval. [Mark Strain] 2. Concentrated centers of development will produce a night time glow from electric light sources, the impacts of which should be considered on nearby conservation lands, such as Corkscrew Swamp Sanctuary. [Mark Strain] 3. Require exotic clearing and ongoing management/maintenance for designated stewardship sending lands. [FWF] 611' age 161 1 (tIt 4. My particular concern is that, as currently implemented, the RLSA program SSAs and SRAs do not come before the Environmental Advisory Committee. These projects are too complex for the Board of County Commissioners to assess without timely inputs from the EAC on relevant environmental issues. [Judith Uushon] 5. No exotic removal and maintenance is required for SSA designation. Staff has observed substantial amounts of exotic pest plants, and is concerned that their growth will continue to decrease the habitat value in the years to come. The presence of high concentrations of exotic plants in the sub-canopy has long been recognized as deleterious to nati ve species, both plants and animals. This would not be a concern where management of the exotics were part of a restoration plan.[EnvironmentaI Staff) 6. [Further define] Procedures for recording and handling changes in ownership of SSA lands [FWF] 7. When sold who is responsible for carrying out SSA obligations [FWF] 8. Allow non-native, non-invasive plantings if beneficial to wildlife [FWF] I. What requirements are in place for the maintenance of areas that have been restored in SSAs? [CCPC] 2. Specific criteria for lighting standards still need to be evaluated and established in order to reduce the impact of urban lighting on wildlife and habitat areas. As Ave Maria and other towns begin to devefop; standards must be in place to ensure a minimum of glow to the rural area. [Conservancy] 3. Need for Smoke [air] easements [FWF] 4. Explore Dark Skies [FWF] 5. Need for Buffers and language to address human-panther/bear/other wildlife encounters [FWF] 6. Need for buffeling between communities by natural features and agriculture. Need for buffering of natural areas by low intensity uses. [Defenders of Wildlife] 7. Policy should be developed on coexisting with wildlife, preventing conflicts with wildlife, responsible homeowner practices tailored to this region, and community contracts with businesses such as waste disposal services.[Defenders of Wildlife] 8. All new developments in the RLSA should be required to use dark sky guidelines or provide what their maximum illumination will be. It is a rural characteristic that could be of value to many people.[Environmental staff) 7lPage 161 ""'"'_",, BIUlC. M.s.7.1t. 1 -k16( Adl'lsory oO",,,,,ttllll 270!i Horseshoe Drive South RECEIVED Naples, FL :-14104 JAN 2 . 06 009 BOord of County Commissioners October 23, 2008 Fiala Halas MINUTES Henning Coyle I. Call Meeting to Order ColettaC'P -- The meeting was called to order by Dick Lydon at 2:12 P.M. II. Attendance Members: Bud Martin (Excused), Dick Lydon, Charles Arthur (Excused), Bruce Forman, Bill Gonnering County: Darryl Richard - MSTU Project Manager Others: Jim Fritchey - CLM, Chris Tilman - Malcome Pirnie, Darlene Lafferty - Mancan, Michael Ward - RWA, Lew Schmidt, Jackie Bammel III. Approval of Agenda Add_' V. C. Review RWA Proposal VII. A. Bridges B. Ordinance Modification IX. A. Approval of Advisory Board Applications of Alvin D. Martin & Charles Arthur Darryl Richard noted the Budget Report was emailed to the Committee. Bruce Forman moved to approve the agenda as amended. Second by Bill Gonnering. Motion carried unanimously 3-0. IV. Approval of Minutes - June 5, 2008 Dick Lydon questioned the approved $25,000 contingency monies which was not included in the Budget Report. Darryl Richard replied he would make inquiries. Bill Gonnering moved to approve the Minutes of June 5, 2008 as submitted. Second by Bruce Forman. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget Report - Caroline Soto It was requested to email Budget questions to Caroline Soto Misc. Cooes' 9' to 161 B. Project Manager Report - Darryl Richard stated that the Committee would receive the Project Manager Report via email. He reported the following: '? (VA-24) RWA Swvey i. FPl requested changes for additional pot holing to locate and verify utility depth ii. A Utilities record for Gulf Shore Dr. is non-existent iii. Determining utility depth is necessary prior to boring iv. "Additional" RWA Services are needed to confirm utility depth v. FPl approval is required to press forward with the Design C. Review RWA Proposal- was distributed and reviewed. (See attached) The Professional Services Fees in the amount of $50,000 plus $1,000 (for Reimbursable Expenses) was reviewed. Discussions ensued and it was confirmed that the estimated Services Fees included the $25,000 Contingency Funds still an additional $26,000 was required. Dick Lydon moved to approve the adjustment (for an additional) $26,000. Second by Bill Gonnering. Motion carried unanimously 3-0. An updated Project Timeline was requested for the December 4, 2008 meeting. VI. landscape Maintenance Report - ClM - Jim Fritchey reported routine Maintenance is being conducted. Darryl Richard reported problems with the Ixora. Jim Fritchey responded that Firebush was an alternative. The ClM Maintenance Contract was questioned. Darryl Richard reported the Contract expires in December 2008. In November the Contractor bids will be emailed for Committee review. Dick Lydon reported sidewalk Tree Trimming is required. VII. Old Business A. Bridges - Dick Lydon reported the following: o (1) Bridge is fully operational for pedestrian and bicycle traffic \) Projected Traffic Bridge completion date is 1 year B. Ordinance Modification - It was agreed to table the discussion for full Committee participation VIII. Working Group Update's A. Utilities - Charles Arthur - None B. Maintenance - Bruce Forman - No Maintenance issues to report C. Tax Analysis - Bud Martin - None D. Liaison - Dick Lydon - None IX. New Business 2 1 ftf~ 161 1 I} [1 Dick Lydon reported the Wiggins Pass Dredging is scheduled to commence December I January with completion prior to Turtle nesting. A. Approval of Advisory Board Applications of Alvin D. Martin & Charles Arthur Bruce Forman moved to recommend the reappointment of Alvin Martin and Charles Arthur to the Vanderbilt Beach MSTU Committee. Second by Bill Gonnering. Motion carried unanimously 3-0. X. Public Comment - None It was agreed to cancel the November 6, 2008 meeting. XI. There being no further business for the good of the County, the meeting was adjourned at 2:53 P.M. Vanderbilt Beach MSTU Advisory Committee ~, . (/) \ These minutes approved by the Committee on { J . l...f . <J if as presented X or amended The next is scheduled for 2:00 P.M., December 4, 2008 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL. , ~ .... 161 """Ii.,"'t BIUII. M.s.7.1t. 1 4/~ AdviSOry 00....111.. 2705 Horseshoe Drive South '\!aples, FL :14104 December 4, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: October 23, 2008 V. Transportation Services Report A. Budget Report - Caroline Soto B. Project Manager Report - Darryl Richard VI. landscape Maintenance Report - ClM VII. Old Business A. Ordinance Modification VIII. Working Group Update's A. Utilities - Charles Arthur B. Maintenance - Bruce Forman C. Tax Analysis - Bud Martin D. Liaison - Dick Lydon IX. New Business X. Public Comment XI. Adjournment The meeting schedule to be determined ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL. 161 1 At1 ~ "..".""t "... M.s.7.1t. AdviSOry eo".".ltt.. ~70!i Horseshoe Dli\'e South Naples. FL :i4104 October 23, 2008 Summary of Minutes & Motions III. Approval of Agenda Add: V. C. Review RWA Proposal VII. A. Bridges B. Ordinance Modification IX. A. Approval of Advisory Board Applications of Alvin D. Martin & Charles Arthur Bruce Forman moved to approve the agenda as amended. Second by Bill Gonnering. Motion carried unanimously 3-0. IV. Approval of Minutes - June 5, 2008 Bill Gonnering moved to approve the Minutes of June 5, 2008 as submitted. Second by Bruce Forman. Motion carried unanimously 3-0. V. Transportation Services Report C. Review RWA Proposal - was distributed. The Professional Services Fees in the amount of $50,000 plus $1,000 (for Reimbursable Expenses) was reviewed. Discussions ensued and it was determined that an additional $26,000 was required for RWA Services. Dick Lydon moved to approve the adjustment (for an additional) $26,000. Second by Bill Gonnering. Motion carried unanimously 3-0. IX. New Business A. Approval of Advisory Board Applications of Alvin D. Martin & Charles Arthur Bruce Forman moved to recommend the reappointment of Alvin Martin and Charles Arthur to the Vanderbilt Beach MSTU Committee. Second by Bill Gonnering. Motion carried unanimously 3-0. Advisory Board Application Page I 012 filson_s ------=: From: budmartin@mac.com Sent: Wednesday. July 30. 2008 9:56 PM , filson s ubject: New On-line Advisory Board Application SUbmitted 16J---tAl~ Advisory Board Application Form Collier County Government 33111 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 713012008 9:56:16 PM. Name: !Alvin D Martin Jq Home Phone: ~39-514-3067\ Home Address: 19790 Gulf Shore Drivel City: \Naple~ Zip Code: ~ . Phone Numbers Fu: I Business: ~39-269-53331 e-Mail Address:~udmartin(al)Dac.co~ Work Place: \Retired! How long have you lived in Collier County: ~ore than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board 1 Committee Applied for: !vanderbilt Beach Beautification MSTU Advisory Committee! Category: \Not indicate~ Do you currently hold public offfice? ~ !vanderbilt Beach Beautification MSTU Advisory Committee! Do you currently or ever served ou a Collier County Board or Committee? ~ . Please list our commu' activities: anderbilt Beach and Ba Association - Director, See Education: IBSChE - MIT 1961 MSChE - MIT 19621 7/3 1/2008 16\ 1 ~r4 fUson S ccarttlllroeal1hlink.net sund8Y, AUlJust 10, 200810:14 PM lilsOl'_s rd ,........... 5 ..~....... loleWOn-line ~"(i;IJfY Boa APP'.....-.. u....."""" AdvisOry Board APpneation Form collier County GovernJllent 3301 E. TaIIlialDi Trail Naples. FL 34112 (239)252-8097 Ff(lflI: ..: subject: APplication was received on: 811()/2008 10:14:21 pM. NalDe: ~harles Arth~ llolDe Pbone: g,39 594-895] llolDe Address: ID9 Chanlle1 Dri~ City: ~ Zip Code: @@ Pbone Numbers Fax: Business: .Mail Address: ~carthur((j).earthlink.na Work Place: I!teti~ llow long have you lived in Collier County: 0 llave you ever been convicted of any offense against the law'! ~ Are yOD a registered voter in Collier county'! ~ Board I COlDmittee APplied for. ~anderbilt BeaCh MS~ Category: \Bot indica~ Do you currently bOld public oflfiee'! ~ the C()IDIII!ttee Which is on tb a critical 1 would like to continue fo . Do,. n_'" _ _._".... ~ c._......- c_-'@ 1 - - 161 1 Al~ fil' ._8 -----.------- \ From: budmartin@mac.com Sent: Wednesday, July 30. 2008 9:56 PM . filson s "!::'bject: New On-line Advisory Board Application Submitted Advisory Board ApplkatioD Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Applieation was received on: 7130/2008 9:56:16 PM. Name: \Alvin D Martin Jq Home Phone: 1239-514-30671 Home Address: \9790 Gulf Shore Drivel City: \Naple~ Zip Code: S41081 . Phone Numbers Fax: I Bnsiness: \239-269-5333\ e-Mail Address:ll>udmartin(a}mac.coml Work Place: !Retired! How long have you lived in CoDier County: ~re than 15\ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in CoUier County? ~ Board / Committee Applied for: !vanderbilt Beach Beautification MSTU Advisory Committee! Category: \Not indicated! Do you currently hold puhlic oftlice? ~ !vanderbilt Beach Beautification MSTU Advisory Committee! Do you currently or ever served on a CoUier Conoty Board or Committee? ~ . Edueation: IBSChE - MIT 1961 MSChE - MIT 19621 7/31/2008 . . ::;ChE - MIT 1961 MSChE - MIT 19621 161 1 A [i Experience: \37 Years P&G - various positions! . . . 713l/2008 161 llr{1 D'lTA INC. CONSUL TING .&. '-, '.L ..lL . Planning . Visualization I Civil Engineering . Surveying & Mapping October 13, 2008 Darryl Richard Collier County Government Transportation Department 2885 South Horseshoe Drive Naples, FL 34104 Subject: Professional Service Proposal for Vanderbilt Beach MSTU - Phase I Additional Services (RW A, Inc. File No. 080010.00.01) Dear Darryl, RW A, Inc. is pleased to submit the following proposal for land surveying and subsurface utility services associated with the redesign of the existing FPL aerial lines. Outlined below is our understanding of the project profile and the assumptions we have used to develop our scope and associated fees in response to your request for proposal. The Scope of Services listed below are based on a request for additional information by FPL, after their review of the existing Control and Topographic Survey performed by this firm. PROJECT PROFILE . Collier County (Client) intends to assist the MSTU with the redesign of the existing FPL aerial lines located within the MSTU boundary in Section 29, Township 48 South, Range 25 East in Collier County, Florida. . The Client has issued a request for additional services to provide additional vertical information on existing, buried utilities within the project area. This shall be done at critical points as defined on the marked up survey on September 22, 2008. . RW A will provide a detailed topographic and control survey and existing underground utility location of Phase 1, as depicted on the Vanderbilt Beach MSTU powerline-underground installation exhibit, received on January 4, 2008. The surveying limits are 10' outside of the existing right-of-way of Gulfshore Drive South, from the South right-of-way line of V anderbilt Beach Road to the North right-of-way line of Bluebill Avenue, Gulfshore Court from Vanderbilt Beach Road to South Bay Drive and South Bay Drive to Vanderbilt Beach Road. (completed under original contraci Scope) . Phase I will include the three following streets: Seabreeze Avenue, Channel Drive and Bayview Avenue. . The Client desires to retain the services of RW A, Inc. (Consultant) and proceed with the Project as described within this proposal. . The project will be permitted, designed and developed in four phases. 6610 Willow Pari< Drive, SUite 200, Naplea, Florida 34109' (239)597-0575, fax: (239)597-0578 www.coosult-rwa.com 161 1 ,4{q RWAJNC. PROJECT ASSUMPTIONS . The client will make available all pertinent information associated with the project including, but not limited to, legal descriptions, existing surveys, permits, title policies and other available documents. . The vertical datum will be collected in NA VD 1988 and converted to NGVD 1929. . The surveying services will be completed and delivered within 90 business days after receiving an executed contract along with a Notice to Proceed and the marking of the existing utilities by Earth View, LLC. . This proposal includes performing all services described within on a one-time basis. SCOPE OF SERVICES 1.0 Underground Utilitv Verification 1.1. RWA shall have Earthview LLC, expose and mark using vacuum excavation, the utilities lying under the 27 potential conflict areas. 1.2. RW A., shall field locate, horizontally and vertically, those utilities identified and exposed. This information shall be processed and added the existing Topographic Survey as a revision. The survey shall then be reissued for distribution and further engineering design. 2.0 Services Durin!! Installation 2.1. RW A shall mark up to 25 sanitary service laterals at the potential conflict point prior to the installation of the buried FPL utility. 2.2. RW A shall have Earthview LLC, using Ground Penetrating Radar, determine the depth of the existing sanitary service at that point to assist with potential conflict resolution. 3.0 Reimbursable EXDenses 3.1. Expenses for blueprints, reproduction services, overnight or express delivery services, and vehicle mileage, sha11 be reimbursable to RW A, Inc. Page 20f4 S:I2008\0800IO.00.PO Vanderbilt Beach MSTIJ\OII2008-10-13-PSA-D.Richard.doc ----~---,~._~.__._,,-_._"'.__....~._--;- 161 I ~(1 RWAINC PROFESSIONAL SERVICE FEES The professional service fee estimates for the associated scope of services are listed below. Scone of Services Fee ~ 1.0 Underground Utility Verification $ 35,000 Fixed 2.0 Services During Installation $ 15.000 TIMIE Total $ 50,000 3.0 Reimbursable Expenses $ 1,000 TIMIE Note: T/M/E denotes Time, Material and Expense billing category. Stated Fee is an estimate only; client will only be billed for actual hourly costs related to individual surveying services. Deliverables . RW A will submit an Auto-cad Version 9 or higher electronic file in DWG fonnat as required by FPL. . RW A shall issue a revised Topographic Survey. Up to four copies will be provided in hard copy print, signed and sealed by a Florida registered Surveyor and Mapper. Excluded Services The professional services to be provided by the Consultant are limited to those described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services that may be required or desired by the Client: . Constroction Layout Services . Preparation of Sketch and Descriptions . Easement Vacations . Staking for installation of buried lines . Special Purpose Surveys . Radar Tomography Page 3 of 4 S:\2008\080010.00.PO Vanderbilt Beach MSTUlOl\2008-1D-13-PSA-D.Riclwd.doc 161 1 Al1 RWAINC. ACCEPTANCE AND AUTHORIZATION TO PROCEED Period for Acceotance This Proposal/Agreement is open for acceptance by Client through November 21,2008. After the acceptance date, the proposal may be withdrawn or subject to modification by RW A, Inc. Acceotance If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please sign one copy of this agreement in the space provided and return it to RW A, Inc. as authorization to proceed with the work. Owner/Client Authorization I hereby certify that the undersigned is the Agent to the Owner of the property that is the subject of this proposal. I hereby certify that the undersigned has the authorizing authority to execute this contract for professional services. I hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the attached Standard Business Terms and Conditions and Rate Code and Fee Schedule ofRW A, Inc. Accepted this _ day of .2008. By: Title Please Print Name For: Collier County Transportation Thank you for the opportunity to submit this professional service proposal. Please call if you have any questions. We will look forward to hearing back from you soon. S' c rei Michael A. Ward, PLS RWA, Inc. Project Manager Page 4 of 4 S:12008\0800 lO.OO.PO Vanderbilt Beach MSTUlOII2008-1 O-13-PSA-D.Richard.doc Fiala Halas Henning Coyle Coletta RECEIVED JAN I 5 2009 161 1 ~l December 5, 2008 Board of County Commissioners MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 5, 2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Conference Room #610 of the Collier County Community Development and Environmental Services Building, located at 2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Secretary to the Special Magistrate: Honorable Brenda Garretson Sue Chapin ALSO PRESENT: Marjorie Student-Stirling, Assistant County Attorney Jennifer Waldron, Code Enforcement Specialist MISC. Comls: Date Dd.-/lOI09 !lo ILl)tJ 161 1 /?;( December 5, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:12 AM RECONVENED: 9:25 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Specialist, proposed the following changes: (a) Under Item V(B), "Hearings," the name ofthe Deputy Sheriff was corrected to Pam Hughes. (b) Under Item V(B), "Hearings," the following cases were DISMISSED by the County due to compliance: . Agenda # 2, Case # PR 041089 - BCC vs. .Justin Kaczmarek . Agenda # 3, Case # PR 003269 - BCC vs. Larry Hershey (c) Under Item V(B), "Hearings," the following case was DISMISSED by the County due to incorrect folio information: . Agenda # 4, Case # PU 4425 - BCC vs. Thomas Marine Construction Inc. (d) Under Item V(B), "Hearings," the following cases were DISMISSED by the County due to property sales: . Agenda # 6, Case # PU 4427 - BCC vs. Novastar Mortgage c/o Saxon Mortgage . Agenda #7, Case # PU 4453 - BCC vs. Novastar Mortgage c/o Saxon Mortgage (e) Under Item VI(A), "Motion for Imposition of Fines," the following cases were DISMISSED by the County due to Bankruptcy proceedings: . Agenda # 1, Case # CEPM 20080003523 - BCC vs. Jill Weaver & Henry Tesno . Agenda # 2, Case # 2006100088 - BCC vs. Jill J. Weaver . Agenda # 3, Case # 2006070466 - BCC vs. Jill Weaver & Henry Tesno, . Agenda # 4, Case # 2006070464 - BCC vs. Jill Weaver & Henry Tesno (t) Under Item VI(A), "Motion for Imposition of Fines," the following case was DISMISSED by the County due to an Agenda error: 2 161 1 I?J f December 5,2008 · Agenda # 5, Case # 2007110125 - BCC vs. Bolomin & Raymonde Charles (g) Under Item VI(A), "Motion for Imposition of Fines," the following cases were WITHDRAWN by the County due to anticipated County abatement: . Agenda # 6, Case # CENA 20080007121 - Thomas L. & Jacqueline Wood, Jr. · Agenda # 7, Case # CENA 20080008113 - Felipe & Isabel C. Ramirez The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Special Magistrate Hearing held on November 21,2008 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Request for Abatement of Fines 1. Case # 2007070693 - BCC vs. Jeffrev & Claudia Konkus The Hearing was requested by the Respondents who were not present. Collier County Code Enforcement Investigator Patrick Baldwin was present. Jerry Osinski, Broker/Owner of Weichert Realtors on the Gulf, was present as an interested party. Violation(s): Ord, 2004-58, Sec. 6, Subs. 15 Pool is black, algae filled & stagnant Violation address: 15073 Topsail Ct., Naples, FL 34119 Mr. Osinski stated he represented the present owner of the property, Aurora Loan Services, who purchased the property from the Bankruptcy Court in September, 2008. Aurora Loan Services had applied for abatement of the fines. The Special Magistrate stated she had reviewed the documents submitted in the case. The Investigator stated the violations had been abated and the County did not object to the Request. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Special Magistrate GRANTED the Request for Abatement of Fines. V. PUBLIC HEARINGS 3 161 18/ December 5, 2008 A. Stipulations: 5. Case # PU 4426 - BCC vs. Lal!una Bav Associates, LLC c/o Lacev Stevison The Hearing was requested by the Respondent who was represented by Lacey Stevison, Business Manager. Collier County Public Utilities Enforcement Investigator George Cascio was also present. Violation(s): Ord. 2005-44, Sec. 9.1 Unlawful accumulation oflitter. Spillage & overflow around containers in enclosures - Health, Safety & Welfare issue Violation Address: No site address - common area A Stipulation was entered into on beha(f of the Respondent, Laguna Bay Associates, LLC, by Lacey Stevison, Business Manager, for the Respondent on December 5, 2008. Ms. Stevison stated she had the authority to appear on behalf of the Respondent. The Special Magistrate stated the violations had been abated. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the sum of $250.00, together with an administrative fee of $5.00, on or before January 5, 2009, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before January 5,2009. Total amount due: $305.00 B. Hearings: 1. Case # SO 149310 - BCC vs. Marie Co Louis The Hearing was requested by the Respondent who was present. Collier County Sheriffs Office Deputy Pam Hughes was also present. Violation(s): Ord. Sec. 130-66 Parking in fire lane Violation Address: 4849 Golden Gate Parkway -Winn Dixie The Respondent stated her physician had placed her on bed rest due to advanced pregnancy. She filled her water gallon from the machine outside the store. She was standing next to her car and the emergency flashers were turned on. She stated she did not see the fire lane sign. The Deputy stated the fire lane curb is designated in yellow and the phrase "fire lane" was also printed in yellow on the asphalt. She observed the Respondent's vehicle was parked in the fire lane and issued a citation on October 25,2008. 4 161 1 ~r December 5, 2008 The Special Magistrate stated the fire lane is reserved solely for the use of emergency vehicles and the Respondent did admit to parking in the fire lane. The Special Magistrate further stated no exceptions are allowed when the Statute is violated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $30. 00, together with the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00, on or before January 5,2009, unless altered by a subsequent Stipulation or Order of the Special Magistrate. Total amount due: $80.00 C. Emergency Cases: NONE VI. NEW BUSINESS: A. Motion for Imposition of Fines: 8. Case # CESD 20080007341- BCC vs. Marie LaFrance The County was represented by Code Enforcement Specialist Jennifer Waldron and Investigative Supervisor Jeff Letourneau. The Respondent was present. Violation(s): Code of Laws & Ord., Chapter 22, Article II, Sec. 22-26(B) & Florida Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4 Permits were applied for kitchen addition & frame storage shed but owner did not obtain a Certificate of Completion Violation address: 2351 51 st Terrace, Naples, FL 341 ] 6 Specialist Waldron stated the violations have not been abated. The County requested imposition of Operational Costs in the amount of $1] 7.43, together with fines in the amount of $5,800.00 for the period from November 6, 2008 through December 5, 2008 ($200/day for 29 days), for a total amount of $5,917.43. The Respondent stated she obtained a second permit because the first permit expired. She was unable to complete the work during the first permit period due to lack of funds. She stated the work will be finished soon. Supervisor Letourneau stated two of the required inspections (final AlC and final electric) were completed on December 2, 2008. The final roofing, final shutters and final building have to be inspected. 5 16118/ December 5, 2008 The Respondent stated she will be able to purchase the storm shutters and have the work completed within the next two weeks. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the amount of $5,917.43, but ruled that the daily accrual of fines will be stayed until Monday, December 29,2008. If the Respondent completes the work and obtains afinal inspection and Certificate of Completion by that date, the fines of $5,800. 00 will be waived and the Respondent will be required to pay only the Operational Costs of $1 17.43 by December 29, 2008. The Special Magistrate further ruled the Respondent must provide proof of the Certificate of Completion to Code Enforcement. Code Enforcement will issue an Affidavit of Compliance. The Special Magistrate stated if the Respondent has not complied by December 29,2008, the fines will again continue to accrue. VII. OLD BUSINESS: A. Request to forward cases for Foreclosure - Collections: NONE VIII. CONSENT AGENDA: NONE IX. REPORTS: NONE X. NEXT HEARING DATE - Monday, January 12,2009 at 9:00 AM The Hearing will be located at 2800 N. Horseshoe Drive in the Community Development and Environmental Services Building in Conference Room 609-610. ***** 6 16 I 1 b [ December 5, 2008 There being no further business for the good ofthe County, the Hearing was adjourned by Order of the Special Magistrate at 10:08 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ~sS~retson These Minutes ~re approved by the Special Magistrate on as presented L, or as amended _' .\~v~ P,doI:>,\ \ 7