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BCC Minutes 06/06-07/2006 R June 6-7, 2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS June 6 and June 7, 2006 Naples, Florida LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Derek Johnssen, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 6'""" ~ , --'" \ ._~-~ AGENDA June 6, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 June 6, 2006 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 9,2006 - BCC/Regular Meeting C. May 15, 2006 - BCC/Bayshore CRA Budget Annual Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards Five Year Awards 1) Christopher Sutphin, Pelican Bay Services Division Board 2) Ronald Pennington, Collier County Coastal Advisory Committee 3) Anthony Pires, Collier County Coastal Advisory Committee Page 2 June 6, 2006 4) Bill Neal, Bayshore/Gateway Triangle Local Redevelopment Advisory Board 4. PROCLAMATIONS A. Proclamation recognizing June 9, 2006 as Sons of the American Revolution Day to be accepted by Don Cahill, Naples Chapter President, and Sam Cahill, Naples Chapter Second Vice President, National Society of the Sons of American Revolution. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Francis Hoy to discuss bridge at Cypress Way East between Immokalee Road and Piper Boulevard. Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDEX- 2005-AR-8649 Hammock Park PUD, Joseph A. Filippelli, for Sembler Florida, represented by Dwight Nadeau, ofRWA, requesting a 2-year PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD document pursuant to LDC Section 10.02.l3.D.5.a. The subject property, consisting of 18.15 acres, is located on the northeast comer of Collier Boulevard and Rattlesnake-Hammock Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26 East, Collier County, Florida. B. This petition was continued from Februarv 14~ 2006 and is further reQuested to be continued to June 20~ 2006. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P. A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to Page 3 June 6, 2006 October 8, 2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item will immediately follow Item 10B~ which is 10:00 a.m. time certain. Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance No. 2001-13, as amended, (The Collier County Consolidated Impact Fee Ordinance); Providing for incorporation by reference of the Water and Wastewater Impact Fee Study, dated June 6, 2006; Also to insert a reference to the County's most recently updated Water Master Plan and its most recently up-dated Wastewater Master Plan; Also to insert amendments required by Florida HB/SB 1194; Also to append the revised Water and Sewer Impact Fee Rate Schedule to thereby incorporate into the Ordinance, by reference, these new water and wastewater impact fees; Providing for conflict and severability; Providing for inclusion into the Code of Laws and Ordinances; Providing that the Ordinance shall become effective upon receipt by Florida's Secretary of State, but that the revised impact fees shall not become effective until 8:00 A.M. on Friday, September 8, 2006. (Companion to Item lOB) B. This item will immediately follow Item 8A and Item 10B~ which have a 10:00 a.m. time certain. Recommend adoption of an Ordinance that modifies Ordinance 2001-73, titled Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; this modification includes proposed rates for water and wastewater services based on a rate study dated June 6, 2006 titled Water and Wastewater Rate Review for Collier County Water-Sewer District; And provides for a new fee titled Allowance for Funds Prudently Invested (AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for an effective date of October I, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance; And provides for effective dates of October I, 2006 and October 1, 2007 for Schedule 1 of Appendix A of the Ordinance. (To be heard after Item 8A) C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8l26: Rock Creek Holdings, LLC, represented by R. Bruce Anderson, of Roetzel & Andress, LPA and Bruce Tyson, of Wilson Miller, Inc., requesting a Page 4 June 6, 2006 rezone from the C-4 (Commercial) and RMF-6 (Residential) zoning districts to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 120 multi-family residential dwelling units, to include a maximum of 24 or 20 percent of the total dwelling units as workforce housing units for a project known as Meridian Village RPUD. The subject property, consisting of 11.68 acres, is located on the northwest comer of the intersection of Airport-Pulling Road and Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-890 I: Habitat for Humanity of Collier County, Inc., represented by Laura Spurgeon, of Johnson Engineering, requesting a PUD Rezone of approximately 26.85 acres from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district with an Affordable Housing Density Bonus. The project is to be known as Liberty Landing and is intended to provide 162 affordable housing units in Immokalee. The subject property is located in the north half of Section 31, Township 46 South, Range 29 East, Collier County, Florida. E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2005-AR- 8918, Palermo Cove PUD, Elias Brothers Communities at Raffia Preserve, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., requesting an amendment to Palermo Cove RPUD, by adding multiple family residential dwelling units as a permitted use for property located north of Wolfe Road, west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4991, Robert Mulhere, ofRW A, Inc., representing Woodfield Builders, LLC, requesting a rezone from" A" Rural Agricultural to "RPUD" Residential Planned Unit Development to be known as Rockedge RPUD, subject to the approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 111 units at 7.5 bonus density units per acre) in the development of this project for low-income residents. The 76.46 acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6 tenths of Page 5 June 6, 2006 a mile south of intersection with Rattlesnake-Hammock Road, in Section 23, Township 50, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the County Government Productivity Committee. B. Board Consideration of the Implementation and Administration of the Special Master Ordinance, Ordinance No. 200446, by the Special Master, including the Workshop of January 20,2006 and to take all Appropriate Measures to Assure Impartiality and a Positive Public Perception in the Special Master and the Special Master Program. 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a Resolution authorizing the acquisition by gift or purchase of fee simple interests in the proposed right-of-way, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Vanderbilt Beach Road Extension from C.R. 951 to Wilson Boulevard (Project No. 60168) (Norman Feder, Administrator, Transportation Services) B. This item to be heard at 10:00 a.m. followed by Companion Item 8A~ then Item 8B. Recommendation that the Board of County Commissioners adopt the 2005 Collier County Water and Wastewater Master Plan Updates, Dated June 6,2006, Projects 70070, 73066 and 75007. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11 :00 a.m. This item was continued from the April 25,2006 BCC Meeting. Presentation of the FY2005 Comprehensive Annual Financial Report by KPMG (County Auditors). Page 6 June 6, 2006 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ----------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of Marsala at Tiburon, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Recommendation to approve for recording the final plat of Hampton Village at Ave Maria Phase 1, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) Recommendation to accept a donated Publix gift card in the amount of$75.00 to be used to purchase volunteer lunches at the Otter Mound Planting Days. B. TRANSPORTATION SERVICES 1) Recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma Clean Up. 2) Recommendation to waive formal competition and approve purchase of Panther Habitat Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081 3) Recommendation to approve the purchase of2.674 acres of improved property of which 0.372 acres are required for road right of way for Page 7 June 6, 2006 the Santa Barbara Boulevard expansion project. Project No. 62081 (Estimated fiscal impact: $621,925.00) 4) Recommendation to approve expenditure of $25,000 to repair a failing culvert located under 10th Street SE over the C-l Canal (Project No. 51022). 5) Recommendation to reject all bids submitted for Bid #06-3909, Traffic Operations Electrical Components. 6) Recommendation to reject bids submitted for Bid #06-3917, Roadway Lighting Components. 7) Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). 8) Recommendation to authorize the disposal of certain County-owned property that is without commercial value. C. PUBLIC UTILITIES 1) Recommendation to Approve Change Orders to Greeley and Hansen LLC Work Orders GH-FT-05-07 in the amount of$47,250 and GH- FT-05-08 in the amount of$4l,304 under Fixed Term Contract #00- 3119, Fixed Term Professional Utility Engineering Services, for the 2005 Utilities Water Master Plan Update and the 2005 Utilities Wastewater Master Plan Update and Appropriate Budget Amendments, Projects Numbers 70070, 73066, and 75007. 2) Recommendation to approve the purchase of an Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner from Pat's Pump and Blower on State Contract 070-700-322 in the amount of $196,572.80. 3) Recommendation to award Contract 06-3901 Loan/Grant Acquisition and Compliance Services to Angie Brewer & Associates, LC, as primary, and to Public Utilities Management & Planning, LC, as Page 8 June 6, 2006 secondary, in an estimated annual amount of approximately $1,000,000. 4) Recommendation to award Contract 06-3977 to Vaccaro Consulting, Inc. for "Consulting Services and Planning Assistance". D. PUBLIC SERVICES 1) Recommendation to approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county- owned property for conducting a July 4th Fireworks Festival. 2) Recommendation to waive the formal competitive bid process and authorize purchase of outdoor pool deck furniture from Contract Furnishings International, Inc. in the amount of $85,616. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Phase I and Phase II of Work Order #SCD-FT-3850-06-01, issued to Spillis Candela DMJM (Architects), in the amount of $368,730.00, for the design and construction management of the Naples Jail Improvement Plan project. 2) Recommendation to approve funding for emergency generator upgrades and associated work in the amount of$408,538. 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. F. COUNTY MANAGER 1) Recommendation to approve expenses not to exceed $4,000 for Collier County to provide bus services for elected officials from other counties to two events scheduled June 27 during the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco Island Marriott. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 9 June 6, 2006 1) Recommendation that the Community Redevelopment Agency (CRA) approve application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving a valid public purpose. 2) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of$5,701.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187 budget, to pave Catherine Avenue, a lime rock residential street within the Bayshore Gateway Triangle CRA boundary, as part of Florida Highway Products sole source contract approved May 9, 2006, and approve all necessary budget amendments. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval to attend a function serving a valid public purpose. Attending the Gulf of Mexico Alliance on June 21, 2006 at the Rookery Bay National Estuarine Research Reserve Environmental Learning Center; $30.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) This item continued from the Aprill1~ 2006 BCC Meetinf!. Recommendation that the Board of County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Page 10 June 6, 2006 Terms and Conditions as the Mediated Settlement Agreement in the Amount of $80,400.00 for the Acquisition of Parcels 119, 121,821 and 921 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No. 03-2196-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact: $47,286.75). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9467, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Minor & Associates, P.A., requesting a street name change from Clear Marsh Circle to A viamar Circle for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section 13, Township 51 South, Range 26 East. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9468, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Minor & Associates, P.A., requesting a street name change from Laughing Gull Court to Marengo Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section 13, Township 51 South, Range 26 East. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9469, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Page 11 June 6, 2006 Minor & Associates, P.A., requesting a street name change from Wading Bird Court to Serena Lane for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section 13, Township 51 South, Range 26 East. D. This item reQuires that all participants be'sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9470, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Minor & Associates, P.A., requesting a street name change from Skylark Court to Serenity Court for property in Fiddlers Creek Phase 5 Unit I - A viamar, located within Section 13, Township 51 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 12 June 6, 2006 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 6. 2006 Add Item 5A: Presentation to recognize and thank those responsible for the clean up of certain areas in East Naples, specifically around Home Depot, St. Matthews House, Palm Drive and Town Center. (Commissioner Fiala's request.) Move Item 7 A to 8G: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDEX-2005-AR-8649 Hammock Park PUD, Joseph A. Filippelli, for Sembler Florida, represented by Dwight Nadeau, of RWA, requesting a 2- year PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD document pursuant to LDC Section 10.02.13.D.5.a. The subject property, consisting of 18.15 acres, is located on the northeast corner of Collier Boulevard and Rattlesnake-Hammock Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26 East, Collier County, Florida. (Staff's request) Move 7B to 8H: This petition was continued from February 14, 2006 and is further requested to be continued to June 20, 2006. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8,2005 to October 8,2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately 114 of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (Staff's request.) Move 16B1 to 10C: Recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma. (Commissioner Fiala's request.) Move Item 16B2 to 10D: Recommendation to waive formal competition and approve purchase of Panther Habitat Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081. (Commissioner Halas' request.) Move 16B3 to 10E: Recommendation to approve the purchase of 2.674 acres of improved property of which 0.372 acres are required for road right-of-way for the Santa Barbara Boulevard expansion project. Project No. 62081 (Estimated fiscal impact: $621,925.00.) Commissioners Fiala and Coletta's request.) NOTE: Item 16C3: A copy of this contract with Angie Brewer and Associates is available for viewing in the County Purchasing Department. (Staff's request.)\ Move 16G1 to 14A: Recommendation that the Community Redevelopment Agency (CRA) approve application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving a public purpose. (Commissioner Halas' request.) Page 2 Change Sheet June 6, 2006 BCC Meeting Time Certain Items: Item 10B. This item to be heard at 10:00 a.m. followed immediately by companion Item 8A, then Item 8B. Recommendation that the Board of County Commissioners adopt the 2005 Collier County Water and Wastewater Master Plan Updates, Dated June 6, 2006, Projects 70070, 73066 and 75007. Item 8A. followina Item 10B: Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance No. 2001-13, as amended, (The "Collier County Consolidated Impact Fee Ordinance"); Providing for incorporation by reference of the "Water and Wastewater Impact Fee Study, dated June 6, 2006"; Also to insert a reference to the County's most recently updated Water Master Plan and its most recently up-dated Wastewater Master Plan; Also to insert amendments required by Florida HB/SB 1194; Also to append the revised Water and Sewer Impact Fee Rate Schedule to thereby incorporate into the Ordinance, by reference, these new water and wastewater impact fees; Providing for conflict and severability; Providing for inclusion into the Code of Laws and Ordinances; Providing that the Ordinance shall become effective upon receipt by Florida's Secretary of State, but that the revised impact fees shall not become effective until 8:00 A.M. on Friday, September 8, 2006. Item 8B. followina Item 8A: Recommend adoption of an Ordinance that modifies Ordinance 2001- 73, titled "Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance"; this modification includes proposed rates for water and wastewater services based on a rate study dated June 6, 2006 titled "Water and Wastewater Rate Review for Collier County Water-Sewer District"; And provides for a new fee titled "Allowance for Funds Prudently Invested" (AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for an effective date of October 1, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance; And provides for effective dates of October 1, 2006 and October 1, 2007 for Schedule 1 of Appendix A of the Ordinance. Item 13A: This item to be heard at 11 :00 a.m. This item was continued from the April 25, 2006 BCC Meeting. Presentation of the FY2005 Comprehensive Annual Financial Report by KPMG (County Auditors). June 6- 7, 2006 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager. Good morning, ladies and gentlemen, and welcome to the Collier County Board of Commissioners' meeting, and it's now in session. We'll have the invocation this morning by Lester Elliot, who is the pastoral outreach coordinator for the Hospice of Naples. Would you all rise for the invocation, followed by the Pledge of Allegiance. MR. ELLIOT: God of this universe, God of this nation, we ask for your grace as the commissioners of this county meeting to do the people's business. Give them insight as they grapple with complex issues, give them wisdom as they -- that they may lead Collier County in a bright and glorious future. Give them courage that they may lead with conviction. May they never forget that as they serve others, they serve you. So may your divine blessings be upon them today and always, this is our prayer. In Jesus' name, amen. (The Pledge of Allegiance was recited in unison) CHAIRMAN HALAS: Good morning, County Manager. Do you have any updates on today's agenda? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. MUDD: Yes, sir. Agenda changes for the Board of County Commissioners meeting June 6, 2006. Add item 5A. It's a presentation to recognize and thank those responsible for the cleanup of certain areas in East Naples, specifically around Home Depot, St. Matthews' House, Palm Drive, and the Town Page 2 June 6-7, 2006 Centre, and this item was added at Commissioner Fiala's request. The next item is to move item 7 A to 8G. This item requires that all participants be sworn in and ex parte be provided by commission members. It's petition PUDZ-EX-2005-AR-8649, Hammock Park PUD, John A. Filippelli of Sembler Florida, represented by Dwight Nadeau ofRW A, requesting a two-year PUD extension to the Hammock Park Commerce Centre PUD master plan and PUD document pursuant to the Land Development Code section 10.02.13.D.5.A. The subject property consists of 18.15 acres. It's located in the northeast corner of Collier Boulevard and Rattlesnake Hammock Road, Section 14, Township 50 south, Range 26 east, in Section 23, Township 50 south, Range 26 east, Collier County, Florida. That item is moved at staffs request. The next item is also an item on 7, and it basically accomplishes all the sevens. It was a legal opinion that these items should be __ are more properly done under section 8, and this is to move 7B to 8H. This petition was continued from February 14, 2006, and is further requested to be continued to June 20, 2006. And, again, that will take a board vote when this particular item comes up in order to continue it because it was advertised for today's meeting. This item requires that all participants also be sworn in and ex parte disclosure be provided by commission members. It's PUDEX-2005-AR-8478, Rookery Bay Business Park, LLC, represented by Wayne Arnold ofQ. Grady Minor & Associates, P.A. and R. Bruce Anderson of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005, to October 8, 2007. The subject property consisting of 40.88 acres is located on the east side of Collier Boulevard, County Road 951, approximately a quarter mile south of Manatee Road in Section 10, Township 50 south, Range 26 east, Collier County, Florida. That item, again, was moved at staffs request. Page 3 June 6-7, 2006 Next item is to move 16B 1 to 1 DC, and that's a recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma. That item moved at Commissioner Fiala's request. The next item is to move item 16B2 to 10D. It's a recommendation to waive formal competition and approve purchase of panther habitat units in the amount of $276,945, as mitigation for road construction impacts, which is project 62081. That item was moved at Commissioner Halas's request. Next item is to move 16B3 to 10E. It's a recommendation to approve the purchase of2.674 acres of improved property of which .372 acres are required for road right-of-way for the Santa Barbara Boulevard expansion project. It's project number 62081. Estimated fiscal impact is $621,925. The item was moved -- was requested to be moved by Commissioners Fiala and Coletta. Next item is a note, item 16C3. A copy of the contract for Angie Brewer & Associates is available for viewing in the county purchasing department, and that item was added -- or that clarification note was added at staffs request. The next item is to move item 16Gl to 14A. That's a recommendation that the Community Redevelopment Agency, CRA, approve application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C-3 organization from the Bayshore/Gateway Triangle Trust Fund, Fund 187. It's an FY-06 budget, and declare the donation serving a public purpose, and that move was at Commissioner Halas' request. And I'm not going to read the next items in total, but I will tell you that we have a series of time certain items today. At 10 o'clock we'll start with item 1 DB, and that is the county water and wastewater master plan updates. That will be followed by item 8A, which is the impact fee update for water and wastewater, to be followed by item Page 4 June 6-7, 2006 8B, and that -- and these are all around 10 o'clock, but they'll probably go into -- through 10:30 and to the next item certain at 11 -- but followed by 8B, which is the increase in water, wastewater rates. And then we have an 11 a.m. time certain, and that -- this item was continued from the April 25, 2006, BCC meeting, and it's a presentation of the FY -2005 comprehensive annual financial report by KPMG to county auditors. That's all I have, sir. CHAIRMAN HALAS: Thank you very much. County Attorney, do you have anything to add to today's agenda? MR. PETTIT: No, Mr. Chairman. CHAIRMAN HALAS: Okay. At this time I'll ask for ex parte from each of my commissioners in regards to the summary agenda and also to see if there's any additional comments or anything that needs to be addressed on the consent agenda. I'll start with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have no ex parte disclosure for the summary agenda, nor do I have any further changes to the agenda. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, sir. I have -- I have nothing to declare under the summary agenda as far as disclosures go. And I do have one item that I almost would like to see if I could get a quick answer rather than hold staff in reserve for a long period of time while we have the meeting. CHAIRMAN HALAS: Sure. COMMISSIONER COLETTA: And it's 16B4, repair to the 10th Street crossing. And the question -- and I may even have it in my email, but I haven't had a chance to check it today, is, do the school buses use this crossing? If so, will the necessary repairs be done before the school reconvenes? CHAIRMAN HALAS: Maybe someone from the transportation Page 5 June 6-7, 2006 department can enlighten us on this? I know it's going to be a long meeting, and if I can keep staff down to a minimum. MR. SCOTT: I don't know. COMMISSIONER COYLE: That solves that problem. COMMISSIONER COLETTA: Now, is that an honest forward answer? Well, in that case I'd like to pull it to have that answered at some point in time. I just want to make sure that we're providing for the safety of the school children, if not, that the public is duly noticed the fact that the buses are using this particular crossing, that there may be some danger. I know school buses won't be used during the summer most likely, and I don't even know if they use it at all. It's just one of those issues that really need an answer. MR. SCOTT: We'll find out from-- COMMISSIONER COLETTA: Possibly -- if I may suggest, possibly you can find the answer and leave it with Mr. Mudd so that if we're going late this evening -- and if this is the only thing you're left to have to stay here for, that Mr. Mudd could just answer that simple question. MR. SCOTT: Okay. COMMISSIONER COLETTA: Thank you. CHAIRMAN HALAS: Thank you very much. Thank you very much, Commissioner. COMMISSIONER COLETTA: Thank you. CHAIRMAN HALAS: I'll start the -- to my left, Commissioner Henning, do you have anything to -- COMMISSIONER HENNING: No ex parte on today's summary agenda. I do want to pull 16D2. CHAIRMAN HALAS: 16D; was that dog? COMMISSIONER HENNING: Yes, sir. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: And 16F, as in Frank, 1. Page 6 June 6-7,2006 CHAIRMAN HALAS: Okay. MR. MUDD: Commissioner, 16B4 is 10F; 16D2 is lOG; and 16F1 is 10H. COMMISSIONER COYLE: I understood that to be 16B2. Am I wrong or is it 16 delta or -- CHAIRMAN HALAS: 16D, delta. COMMISSIONER COYLE: Delta. 16D2 and 16 fox trot 1. CHAIRMAN HALAS: Correct. Those are the only two, I believe, County Manager, right? COMMISSIONER HENNING: Yes, for me. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have nothing to declare for ex parte for the summary agenda. I have nothing to add, but I would like to ask if we could just continue 7B right now, or does that have to wait? Being that we all know that they want it to be continued, and I guess we all agree, we could just continue it right now along with our consent. COMMISSIONER COLETTA: Yeah, I'll second that ifit needs a second. COMMISSIONER FIALA: Okay. CHAIRMAN HALAS: County Manager -- or I mean, excuse me, County Attorney, can we do that? MR. PETTIT: I understand the desire for expedition, but I'm afraid that's an advertised public hearing, and I feel like it needs to go on at one. COMMISSIONER COLETTA: Okay. MR. MUDD: If you're going to do that particular item and continue it, then at one o'clock I would suggest that you make a motion to continue it at that time, and then if anybody wants to speak on that particular item, they will have already been signed up, and then they will at least have an opportunity to say they don't like it or like it. Page 7 June 6-7, 2006 CHAIRMAN HALAS: Okay. Thank you very much for the clarification. COMMISSIONER FIALA: Okay. Thank you. Then that's all I have. CHAIRMAN HALAS: Okay. Myself, I do not have anything that I -- concerns me at this point in time with the consent agenda, and I do not have any ex parte on the summary agenda. So at this time, I entertain a motion for approval of today's consent and summary agenda as amended. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: I have a motion on the floor by Commissioner Coyle, second by Commissioner Fiala, to approve today's consent and summary agenda. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Page 8 June 6-7, 2006 Item #2B and #2C MAY 9, 2006 BCC/REGULAR MINUTES AND MAY 15, 2006 BCC/BA YSHORE CRA BUDGET ANNUAL WORKSHOP MINUTES - APPROVED AS PRESENTED Need a motion for the approval of the May 9, 2006, BCC regular meeting, the May 15, 2006, BCC/Bayshore CRA budget annual workshop. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor by Commissioner Fiala, and a second by Commissioner Coyle. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, call for the motion. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. County Manager? Item # 3A SERVICE AWARDS: 5 YEAR ATTENDEES - PRESENTED Page 9 June 6-7, 2006 MR. MUDD: Commissioner, that brings us to paragraph 3, which is service awards, and these are the service awards for five years for advisory committee service awards. And I believe you'll do it from up on the dais, and we'll call those individuals forward. CHAIRMAN HALAS: Yep. MR. MUDD: The first on our list is Christopher Sutphin. He's worked for five years on the Pelican Bay Services Division Board. He's not in attendance today, but I wanted to make sure that we publicly announce and show our appreciation for Mr. Sutphin and his five years of hard work. The next five-year recipient is Mr. Ron Pennington, and he has worked for five years with the Collier County's Coastal Advisory Committee. Mr. Pennington? (Applause.) CHAIRMAN HALAS: Good morning, Ron? MR. PENNINGTON: Thank you all. CHAIRMAN HALAS: Thank you very much for your dedicated service and all the years that you've been involved, not only with the COMMISSIONER COLETTA: Thank you. CHAIRMAN HALAS: -- Coastal Advisory Committee, but all the other committees that you've been advising. COMMISSIONER COYLE: Thank you. MR. PENNINGTON: Don't you all love our new sand? CHAIRMAN HALAS: We love it. Outstanding. Thank you so much. COMMISSIONER FIALA: Oh, yeah. CHAIRMAN HALAS: Thank you so much. Job well done. COMMISSIONER COYLE: There's no shells though, Ron. COMMISSIONER COLETTA: Yeah, no rocks either. CHAIRMAN HALAS: Where's the rocks, Ron. Page 10 June 6-7, 2006 MR. PENNINGTON: No rocks. We had a choice. We could have shells and rocks. Thank you all very much. COMMISSIONER FIALA: Thank you, Ron, for all your servIce. (Applause.) MR. PENNINGTON: Thank you. MR. MUDD: The next five-year recipient is Mr. Anthony Pires. He's worked for five years -- or some people -- I think it's Pires is how he pronounces it, I hope. MR. PIRES: My mom and dad do, yes. MR. MUDD: Yeah, okay. And he's spent five years working on the Collier County Coastal Advisory Committee also. (Applause.) CHAIRMAN HALAS: Thank you very much. MR. PIRES: Thank you. COMMISSIONER COLETTA: Thank you. Nice to see you. COMMISSIONER COYLE: Good job. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: We'll have a picture with you now. MR. MUDD: Thanks, Tony. (Applause.) MR. MUDD: And the next recipient is Mr. Bill Neal, and he's spent five years working on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Applause.) MR. NEAL: I'm not running for anything. CHAIRMAN HALAS: What are you running from, Bill? COMMISSIONER COLETTA: Thank you, Bill. MR. NEAL: Thank you so much for your help. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: Thank you, Bill. Page 11 June 6-7, 2006 COMMISSIONER HENNING: Thank you. MR. NEAL: Thank you very much. (Applause.) Item #4 PROCLAMATION RECOGNIZING JUNE 9, 2006 AS SONS OF THE AMERICAN REVOLUTION DAY - ADOPTED MR. MUDD: Commissioner, that brings us to paragraph 4, proclamations. We have one proclamation today. It's a proclamation recognizing June 9, 2006, as Sons of the American Revolution Day, to be accepted by Don Cahill, the Naples Chapter President, and Sam Cahill, the Naples Chapter Second Vice-President of the National Society of the Sons of the American Revolution. And anyone else that has do with this particular proclamation. COMMISSIONER FIALA: Anybody-- MR. CAHILL: I've got the big crowd today. COMMISSIONER COYLE: There are not -- there are not many surviving members of the Army of the Potomac, but fortunately we have some with us today. Welcome. Whereas, the National Society of the Sons of the American Revolution was organized on April 30, 1989, and chartered by an act of Congress on June 9, 1906; and, Whereas, the charter was signed by President Theodore Roosevelt, the fourth of 16 United States presidents to become members of the Sons of the American Revolution; and, Whereas, the Florida Society of the Sons of the American Revolution has promoted its patriotic, historical and educational objectives through youth, veterans and outreach programs for more than 100 years. Now, therefore, be it proclaimed by the Board of County Page 12 June 6-7, 2006 Commissioners of Collier County, Florida, that June 9, 2006, be recognized as the 1 GOth anniversary of its charter and designated as Sons of the American Revolution Day and urge all citizens of Collier County to observe this day by celebrating the contributions made by this society. Done and ordered this 6th day of June, 2006, Board of County Commissioners, Collier County, Florida, Frank Halas, Chairman. Mr. Chairman, I make a motion we accept this proclamation. CHAIRMAN HALAS: Second. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. Motion on the floor by Commissioner Coyle for the approval of this proclamation, and seconded by Commissioner Coletta. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Thank you very much. (Applause.) COMMISSIONER COLETTA: Looking good. Thank you. COMMISSIONER FIALA: Good to see you again. COMMISSIONER COYLE: Who's going to accept this proclamation? Thank you very much. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HALAS: You gentlemen just turn around here so we can get some pictures of you. MR. CAHILL: Thank you very much. (Applause.) Item #5A Page 13 June 6-7, 2006 PRESENTATION TO RECOGNIZE AND THANK THOSE RESPONSIBLE FOR THE CLEAN UP OF CERTAIN AREAS IN EAST NAPLES, SPECIFICALLY AROUND HOME DEPOT, ST. MA TTHEWS HOUSE, PALM DRIVE AND TOWN CENTER- PRESENTED MR. MUDD: Commissioner, that brings us to item -- paragraph 5, 5A, and this is a presentation to recognize and thank those responsible for the cleanup of certain areas in East Naples, specifically around Home Depot, St. Matthews' House, Palm Drive, and Town Centre, and this presentation is by Commissioner Fiala. COMMISSIONER FIALA: I really thank you for allowing me to do this on this very busy day . Would the guys from Code Enforcement come on up and anybody else who's worked on this project with me. I just -- I'm just so, so proud of everything that you all have done, and I just -- I just wanted to recognize everybody . You've been __ boy, you've been dynamite. But to explain all of that, just stand up here for a little bit. I got a letter from some people in the Glades, Constance and William Chaffy, and they were telling me about the problems that they're having, the canals weren't draining and it was too tall with grass, and they were filled with homeless stuff, that they themselves, just these couple people, had picked up trash and beer cans, bottles, syringes, underwear, socks, food, jeans, beer bottles, blankets, and so forth, that were just strewn all over everyplace, and they were talking about the gazebo where there had been stabbings, and then somebody had gone into Home Depot and they were full of blood from one of the stabbings, and they were just pleading for our help and saying, you know, can't we do something? They were using the gazebo at Home Depot as a bathroom and a Page 14 June 6-7, 2006 bedroom and a closet and a beer parlor, and it -- they were really, really having problems, and they're pleading with people. And I started sending some letters out seeking some help, and it didn't get very far. And then I called Patti Patrulli. This is our Patti Patrulli right here in the orange, and she got her staff together, and Eddie, Eddie Ybaceta, okay, and Ian Jackson. And tell me your name again, I'm sorry. MR. McCLAMMA: Joe McClamma. COMMISSIONER FIALA: Jim? MR. McCLAMMA: Joe. COMMISSIONER FIALA: Joe? MR. McCLAMMA: Yes. COMMISSIONER FIALA: Say it again real loud. MR. McCLAMMA: Joe McClamma. COMMISSIONER FIALA: Joe McClamma. Say your name. MR. MARTINDALE: Ron Martindale. COMMISSIONER FIALA: Ron Martindale. Oh, I remember seeIng your name. MS. GRIMSHAW: Heather Grimshaw. COMMISSIONER FIALA: Heather Grimshaw. COMMISSIONER FIALA: John, what's your name? MR. YONKOWSKY: John Yonkowsky. COMMISSIONER FIALA: And Jamie, what's your name? MR. FRENCH: Jamie French. COMMISSIONER FIALA: And Michelle? MS. ARNOLD: Michelle Arnold. COMMISSIONER FIALA: These people -- these people came out and personally called on businesses, Home Depot, for instance, and Wal*Mart and Bealls and Goodwill store. Behind the Goodwill store, what was happening -- and I hope audiences are listening to this because they need to know this. People at night drop their clothing off behind Goodwill in order Page 15 June 6-7, 2006 to donate them to those that are less fortunate. The problem is during the night, while all of their donations are sitting there, the homeless then raid it. Of course, they don't feel any need to fold them back up and put them in the bags when they find something they don't want. They strew them all over, and the canals become full, the back yards. So these Goodwill people have to go out every morning and clean up all of the trash left every night the night before. We're having -- we're just having a terrible problem. And so -- and I would have loved to have had St. Matthews' included in this, but they haven't been there. But I want to tell you that the people from Home Depot, this guy named Lenny -- oh, gosh, Lenny Gabriel, he came marching in and helping. He really -- he even gave the Glades people a discount on buying any of the flowers or anything to help decorate the area up to try and improve it. He's put lights in. He's had his own people, even though he doesn't like them cleaning up all of the syringes and everything, he's had his own people coming out. They cleaned up 10 bags the first day. And then we've had our sheriffs office -- and Mike isn't here, Mike Nelson and Rob Reu. They've been going out to all the homeless camps. You see what happens is, the homeless are in this area because, of course, there's the food here and the shelter and any other things that are given. Their mail comes to St. Matthews' House, so they camp in this area. So they've been going out and having these guys clean up their own trash. The sheriffs office, actually Mike and Rob, will go out and give them bags. They collected 42 bags of trash at just one camp that first week. And so we've had so many people coming out to help us. And I just wanted to tell you, the canals are cleaned. They're putting up new fences. The whole area is getting picked up, and that is because of these people that you're looking at and even some who Page 16 June 6-7, 2006 aren't here but who have participated strongly in it. And I just want to thank them from the bottom of my heart. And thank you for letting me do this today. Patti, guys, you've all been so wonderful. Thank you. I really appreciate it. Thank you. (Applause.) COMMISSIONER FIALA: Oh, where is Kendra. Where is Kendra? Where is she? COMMISSIONER COYLE: She's right over there. COMMISSIONER FIALA: I want Kendra to come up here. I asked Sue to bring her up here and I didn't see her come in. . COMMISSIONER COYLE: Did you get her to pick up trash? COMMISSIONER FIALA: No. But Kendra's been my aide, and she would have gone out and helped them except that she was coordinating everything from my office. Kendra, you come up front so people can see you. This is my aide, and she has been working closely with all of these wonderful people. Thank you so much for all your help. (Applause.) CHAIRMAN HALAS: Thank you. COMMISSIONER FIALA: Thank you so much. CHAIRMAN HALAS: It must make you feel good for what you did. COMMISSIONER COLETTA: You're very much appreciated. CHAIRMAN HALAS: That was wonderful what you did. COMMISSIONER FIALA: You really deserve recognition. COMMISSIONER COLETTA: Thank you. Item #6A PUBLIC PETITION REQUEST BY FRANCIS HOY TO DISCUSS THE BRIDGE AT CYPRESS WAY EAST BETWEEN Page 17 June 6-7, 2006 IMMOKALEE ROAD AND PIPER BOULEVARD - TO BE BROUGHT BACK AT THE JUNE 20, 2006 BCC MEETING _ APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is paragraph 6, public petitions, and we have one on today's agenda, 6A. It's a public petition request by Francis Hoy to discuss the bridge at Cypress Way East between Immokalee Road and Piper Boulevard. Mr. Hoy? MR. HOY: Good morning. CHAIRMAN HALAS: Good morning, sir. MR. HOY: I'm Francis Hoy, President of the Palm River Homeowners' Association. I want to thank you for allowing me the time to further explain our petition to save the Cypress Way East bridge at Palm River. Palm River's a community of about 1,900 homes and condominiums, including the original units plus some newer developments, such as Candlewood, Quail Crossing and Horse Creek. This community uses Cypress Way East and Palm River Boulevard as its two point of egress, plus the Airport Road bridge for turns prohibited at the Cypress Way East bridge. The monitor shows a diagram of the Cypress Way East bridge and the Airport Road bridge. The Cypress Way East bridge is scheduled for removal in connection with widening Immokalee Road probably as soon as early fall. As our petition says, we're asking you to retain the bridge, preferably both in and out, to and from the west as it is now, but if that's not possible, then at least as an exit turning right onto Immokalee Road. Now the reason we want to save the bridge: For the eastern half of the Palm River community, the westerly bridge at Palm River Page 18 June 6-7, 2006 Boulevard is out of the way and it's an awkward intersection __ awkward exit for several reasons; therefore, the residents of the eastern half use Cypress Way East. At present traffic exiting onto Immokalee Road to the west and incoming traffic from the west uses the Cypress Way East bridge. Traffic to and from other directions use the Airport Road bridge, which is shared with Willoughby Acres. Removal of the bridge at Cypress Way East will redirect all traffic to the Airport Road bridge, increasing the count there by roughly 50 percent. This estimate's not from a traffic study but just assuming roughly equal traffic to and from all three directions. The north approach to the Airport Road bridge is on Piper Boulevard. Piper Boulevard is a narrow two-lane road which cannot be widened to provide turn lanes. That intersection is already frequently congested. It will be much worse if its traffic count is increased by half, plus traffic for the retail mall which will soon open with its entrance and exit at the bridge. Looking at the diagram of this intersection, you'll see that incoming traffic from Immokalee Road must always have the right-of-way, otherwise, it would back up onto Immokalee Road. There is no time that the traffic light at the Airport Road intersection protects the intersection on Piper Boulevard; therefore, all three lanes of traffic approaching the bridge at the Piper Boulevard entrance must stop and then proceed whenever there's a break in incoming traffic. You can see from the diagram that there will be three streams of traffic converging at the bridge, merging in the length of the bridge, and sorting themselves out into five lanes of traffic exiting the bridge in three different directions. Given this complicated traffic pattern at the Airport Road bridge versus the smooth flow at Cypress Way East bridge, it seems totally unwise to remove the Cypress Way East bridge and add that traffic to Page 19 June 6-7, 2006 the other intersection unless there's some compelling reason to do that. We've been working with county staff to learn if such a reason exists. They've been quite cooperative, and without exception, they have tried to be helpful; however, no one so far has been able to give us a good reason for removing the bridge. There does not appear to be a bridge strength issue. While the bridge is old, no one has said it's unsound. It has been commented that there's no space to add an acceleration lane, but there are many roads in the county intersecting highways without acceleration lanes. The intersection here, in fact, has a safety advantage in that the traffic light ~t Airport Road provides comfortable breaks in westbound traffic for the traffic in and out of the bridge. I think transportation people would have to agree that this is a less dangerous intersection, even with the wider Immokalee Road, than many that exist in the county. I've examined the widening plans for Immokalee Road. The bridge does not appear to interfere with the plans. The plans show all new roadbed construction to be into the median or into the south. The plans do show the eastbound left turn lane extended past Cypress Way East bridge, but this is only necessary to accommodate the traffic that would be added by closing the bridge. Some minor changes to the bridge exit would probably be required, but whatever these would cost, they would be partially offset and perhaps more than offset by eliminating the cost of demolishing the bridge and rebuilding the canal banks. So the bridge is sound and the intersection is not dangerous. Why is the bridge to be removed? I can only conclude that it's because the design team for the Airport Road bridge several years ago decided their new bridge made this bridge unnecessary. I can't find any other reason. But the fact that two lanes are being added to the Airport Road bridge now shows that the current transportation staff doesn't see it Page 20 June 6-7, 2006 that way. Those two lanes will add more stacking space on the bridge, but they won't eliminate the confusion and traffic jams at its entrance. I can guarantee you that not one of the couple thousand drivers in the Palm River community think that the Palm -- that that bridge is unnecessary. Everyone I've talked to has said, please save the bridge. I can see no downside to retaining the bridge with its current traffic pattern. I think the result can only be positive. It provides a smooth, safe, simple flow of traffic for that which uses it, and avoids loading that traffic onto the Airport Road bridge with its two busy intersections. I said earlier that timing is urgent. Without action on your part, the bridge will be removed as soon as the two added lanes on the Airport Road bridge are complete, probably within a couple months; therefore, we ask that you have the transportation staff re-examine the issue to see if our petition makes sense in time for you to consider it again at your meeting on June 20th. We ask you to consider our petition and take action in time to save the bridge. Thank you for your time and for considering this issue. CHAIRMAN HALAS: Thank you, Mr. Francis (sic). COMMISSIONER FIALA: Mr. Hoy. CHAIRMAN HALAS: Hoy, excuse me; Francis Hoy. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to bring this back. I tell you, we're always looking for more interconnectivity and better ways to get the traffic to flow, and I believe that we're trying to avoid stacking up and everything converging into one area. I don't know what the rationale is behind it, but I wouldn't mind bringing this back. CHAIRMAN HALAS: Yeah. I got some questions I want to ask the transportation department on this. One of my concerns is, not only does this affect Palm River, but it also -- we're opening up a commercial section that's just west of this Page 21 June 6-7, 2006 Airport bridge that's just going to be opened up, and it's a whole commercial strip next to the Presbyterian church. And I have some real concerns because I don't believe that we can widen Piper Boulevard to make a stacking lane; is that correct, Don Scott? MR. SCOTT: Don Scott, transportation planning. Yeah, you're talking about this one commercial area right here. CHAIRMAN HALAS: Exactly. And that's in the process of just being opened up. MR. SCOTT: Right. CHAIRMAN HALAS: Then people that are coming off of Cypress Way East, if they turn -- if you take that bridge out and then they make a left turn and head in the eastbound direction, with the amount of homes that are presently in Cypress Way plus the additional construction that's going to be there, when those people leave out of Cypress Way, head east to go to that new expanded bridge, they're going to end up, once they fill the bridge up where the stacking will be, then they're going to start stacking up on Piper Boulevard; is that correct? MR. SCOTT: Yeah. We have 140 feet essentially between Immokalee and Piper, and then there's 500 feet between the bridge and Cypress Way East. There is only a single lane on Piper at that location. CHAIRMAN HALAS: So-- MR. SCOTT: Weare getting a left turn lane at Piper and __ what's that? CHAIRMAN HALAS: But whether it's left turn or right turn, you're still going to be stacking up on the bridge. And then after that, you're going to be stacking up onto Piper in the westbound direction; is that correct? MR. SCOTT: Yes. CHAIRMAN HALAS: Okay. And so any other movement's going to be stopped at that point in time. So I think what these people Page 22 June 6-7, 2006 are asking is, would transportation do a further study -- and I believe, Mr. Roy, you can correct me on this -- but you're basically looking to try to save this bridge so that you end up with a right out only; is that correct? MR. HOY: Well, we would settle for a right out only but -- we'd settle for a right out only, but, frankly, I don't see any reason for not continuing the inbound -- CHAIRMAN HALAS: Left in. MR. HOY: -- and taking that traffic off the Airport Road intersection. CHAIRMAN HALAS: Okay. Now, what's the distance between where you would make a left in and the distance to the Airport intersection where there would be a traffic controlled light? MR. SCOTT: Five hundred feet. CHAIRMAN HALAS: Five hundred feet. So if we stop all traffic, then people that would be heading eastbound on Immokalee Road would then be able to have the opportunity of making a left into that or they could have the option of going over to the Airport bridge; is that correct? MR. SCOTT: Well, see, our problem with it and the -- you know, I looked at the out based on some of the things that were raised. The in is that the turn lanes for Airport are longer than that -- than the -- they go through that intersection essentially. CHAIRMAN HALAS: Okay. MR. SCOTT: Come back through there. CHAIRMAN HALAS: So my concern is, if we end up taking this bridge out, we're going to have less egress out of this area of Palm River than we would before; is that correct? MR. SCOTT: Well, we are adding -- obviously we have the three -- three bridges along the roadway. There are five lanes that will be coming out at Airport, two at Lakeland and two at Palm River. So essentially you have nine lanes coming out. Page 23 June 6-7, 2006 CHAIRMAN HALAS: But you've only got the small two-lane highway. And my concern is, if you take the bridge out and people then have to use just this particular bridge because the other bridge that was -- that was also brought up in the discussion, Cypress Way West, again, that is a -- a bridge that is very difficult to negotiate, and so you end up stacking traffic there. So I hope that my fellow commissioners will go along with the suggestion that Commissioner Fiala had and let the transportation go ahead and make a study on this, another study. And I think we need to move fast because my understanding is, this bridge may be even removed by the end of this month; is this correct? MR. SCOTT: When talking to the contractor, they are waiting till they finish the Airport, but it could be as soon as the end of the month, yes. CHAIRMAN HALAS: And then they would remove that bridge. What's the chances of, if we could stop this bridge from being removed at this time, to make an additional study to make sure that we're taking care of the people that live in this community in regards to health, safety and welfare in order to get out of there if we need to have them evacuate? MR. SCOTT: Well, it's a lot to do in two weeks, but I think if you want to act fast and not affect the schedule of the project, that we need to bring it back in two weeks then. CHAIRMAN HALAS: Okay. Do I have a motion. COMMISSIONER FIALA: Yeah, and you've got a motion. COMMISSIONER COYLE: And you've got a second. CHAIRMAN HALAS: Okay. Tom Henning -- I'm sorry. Commissioner Henning? COMMISSIONER HENNING: Well, I didn't know if we were debating this issue now or if we're bringing it back on a future agenda. CHAIRMAN HALAS: Well, I'm concerned that because -- we'll have to make a rapid move here because of the fact that this bridge Page 24 June 6-7, 2006 could be removed as quickly as the end of this month. So I really believe that we need to work on this as quickly as possible. If two weeks would be sufficient so that we could address this concern, do you have enough time? MR. SCOTT: My only caveat is, I will have a lot of stuff in front of you. I won't be able to give it to you ahead of time. CHAIRMAN HALAS: Okay. MR. SCOTT: Because I think the agenda, my schedule is like, right now. CHAIRMAN HALAS: Okay. Is there some way that we can-- then if you need more time to do the study, is there some way that we can stop the destruction of this bridge until you can make a thorough study of this at a later date? MR. SCOTT: It costs us more money essentially because they're out there for mobilization right now. It's about 35,000 for taking the bridge down. Remobilizing could be 10,000 more or whatever. That's not as much of an issue as, they might claim damages in time to the schedule, so -- CHAIRMAN HALAS: Well, my concern is the health, safety and welfare of people. MR. MUDD: Commissioner, we can have this item in front of the board on the 20th of June. In the printed packet you won't have the background -- backup, but we'll try to get it to you Friday before the board meeting so that you'll have it. CHAIRMAN HALAS: Good. MR. MUDD: We'll have it out at the desk for anybody to see it. But we'll have it here on the 20th of June, and that will be timely enough in order to make a decision on this particular item. Now, I want to make sure that everybody in the audience understands that this design had been vetted with the public and the construction contract cut on this particular item with this bridge removed now for a number of years, I believe. Page 25 June 6-7, 2006 MR. SCOTT: Yeah. MR. MUDD: So this is not a new item. We will reevaluate to make sure that we haven't missed anything. CHAIRMAN HALAS: Okay. I think we need to take that opportunity to make sure-- COMMISSIONER FIALA: Do you want to make a motion? CHAIRMAN HALAS: I'll make a motion that we bring this back on June 20th. COMMISSIONER FIALA: And I'll second the motion. And I hope when you bring the material back, you'll tell us why you would want to remove the bridge, I mean, a real good reason that we can actually believe, okay? CHAIRMAN HALAS: Okay. We have a motion on the floor and we have a second. Is there any further discussion? (No response.) CHAIRMAN HALAS: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Thank you very much. Thank you, Francis. Item #9A RESOLUTION 2006-141: APPOINTING JOE SWAJA TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE _ ADOPTED Page 26 June 6-7,2006 MR. MUDD: Commissioner, that brings us to item 9A, and that item is appointment of a member to the Collier Government Productivity Committee. COMMISSIONER FIALA: Motion to approve Joe Swaja -_ CHAIRMAN HALAS: Second. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: -- the committee's recommendation. CHAIRMAN HALAS: Okay. We have a motion on the floor for approval of Joe Swaja by Commissioner Fiala and a second by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Item #9B CONSIDERATION OF THE IMPLEMENTATION AND ADMINISTRATION OF THE SPECIAL MASTER ORDINANCE, ORDINANCE 2004-46, BY THE SPECIAL MASTER, INCLUDING THE WORKSHOP OF JANUARY 20, 2006 - DISCUSSED WINO ACTION MR. MUDD: Commissioner, that brings us to our next item, which is 9B, board consideration of the implementation and administration of the special master ordinance, ordinance number 200446, by the special master, including the workshop of January 20, Page 27 June 6-7, 2006 2006, and to take all appropriate measures to assure impartiality and a positive public perception in the special master and the special master program. COMMISSIONER HENNING: Commissioners, I really thought that this would be an afternoon item, but let me go forward with it. First of all, I want to say, for those who watch TV news report, either -- might have been last night or particularly this morning, this item has nothing to do with the code enforcement department. It has everything to do with the special master's program and the training session that took place on January 20, 2006. As it states in the executive summary, the ordinance doesn't call for the special master to train, nor does it calls for it in the contract. But there is something within the contract to -- for the code enforcement director to ask the special master to perform other duties that are not spelled out within the contract. I thought this was a poor decision if that's what did happen for any employee of Collier County to ask a judge to train the police officers or the prosecution. And I think there should be a separation between a person who makes judgment on our residents and a -- and code enforcement, whether it be animal control, code enforcement department, other departments, or the police department. The special master has heard issues of all kinds, not just code enforcement. A resident of the county did provide me a transcript of a taping that was taped by the Clerk of Court. The excerpts and references is in the board's agenda. There are many excerpts in there that I feel -- and I have grave concern that that prejudgment may be on our residents. Just as an example, on page 33 of 34 of the executive summary, the transcript, special master, it says, and I quote, and that person that's going to be nervous is the person that's going to be standing over at that podium, that one over there, because they're the ones that have violated. They're the ones that have screwed up. Page 28 June 6-7, 2006 I have concerns with statements within the transcript about attorneys representing our residents to receive a fair and impartial rendering on their code case of comments of the special master. I think it's the duty in this -- I think the special master program should continue. I think it has provided a relief to the Code Enforcement Board, but I want to make sure -- and I hope that the Board of Commissioners -- well, I know the Board of Commissioners want fair treatment to all residents. I have -- with talking to the county attorney, I have changed my -- my recommendations, but I still believe the special masterate (sic) presiding over these cases should step down. I think the Board of Commissioners needs to ask the alternate, Lynn Hixon-Holley, to step in as the special master. I believe the Board of Commissioners should ask the committee to reconvene to select an alternate in the meantime of the contract of October of 2006. I also, with the -- talking to the County Attorney's Office, that we offer any resident who went before the special masterate ( sic) between the date of January 21, 2006, and today that contested their notice of violation, that they have the opportunity to go before the Code Enforcement Board to have their hearing reheard, if they choose to. But my whole -- my whole purpose in this is to bring consistency and reliability in the faith that government is going to be fair and impartial to our residents. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. And I read the whole transcript myself also, and I would bet that maybe the special master wouldn't have been quite so candid had she known that it was being taped. But I think -- you make some good points. But I also agree that we really, really do need continuing education for all of our departments, continuously. Possibly we -- we could refrain from using a judge or something Page 29 June 6-7, 2006 when we're -- especially in code enforcement, being that they're also presiding. We should probably have some kind of a policy that we can continue to educate all of our people because we're not going to be able to represent our county government without continuing education, but maybe select somebody different to be doing that. I wouldn't want to see the special master eliminated, I mean, that particular person. I haven't heard of any -- anything that she's done wrong on the job. I would hate to lose her, and I figure, unless there's -- you know, unless there's some, you know, overwhelming reason besides just teaching, I wouldn't want to see her fired, or whatever the word is that you were using. I would like her to continue. And we probably need to have a policy about special education or continuing education just to make sure that we don't run into this agaIn. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have also read the transcript of this particular recording. I'm puzzled as to why the questions that were asked of the special master during this training session were not audible. We get only one side of the conversation. We don't have the context in which the remarks were made by the special master. She was responding to questions from the members of this group that she was instructing, and we don't get the questions that they asked. They're not audible on the tape, and consequently they're not contained in the transcript. I think that in our search for justice, we've got to make sure that if we take any adverse action, we at least should have both sides of the story or the complete picture of what was going on. Taken as a single event, it appears to me that the special master did what is provided in the statement of work. The statement of work defines what the special master is supposed to do, and then says, as well as additional services as required and mutually agreed upon in writing by the code enforcement department and the consultant, Page 30 June 6-7, 2006 special master. It's my understanding that the code enforcement department and the special master did, in fact, reach an agreement to perform these services, and the special master was actually paid for that. Now, it raises a question as to whether or not you should have a hearing special master also training the code enforcement department. But I would say to you that we here on this dais frequently give similar instructions to our staff. We say to you frequently, don't you bring to us something at the last minute and expect us to read it. We give directions about how we would like to have things presented to us. We've even given directions about how we would like to see the executive summaries written to make them easier for us to understand and arrive at a conclusion. So, you know, those things in themselves don't indicate a bias. If there is any evidence in the hearings themselves where the code enforcement issues were actually heard and if there was clear bias, then we should act on that. But to take answers to questions we have not heard out of context for a recording that was made without anyone's knowledge, it is, I think, a stretch. And I think that we just should say to the code enforcement people, maybe reevaluate this again or maybe don't do this again in the same way. And if you do, invite everybody, you know, people who are likely to represent people before the special master as well as the code enforcement people. Everybody should understand how information should be presented at those hearings because it makes the hearings more efficient. And maybe if we could just issue that guidance, that would be acceptable. But I'm still puzzled -- excuse me -- about how the recording was made, because the recordings we make here get the questions. You know, where was this recording made? How did it come about? Why didn't it get the questions from the members of code enforcement who were being trained? Page 31 June 6-7, 2006 That's -- you know, that's a question. It's not central to the issue but, you know, it's just a question. And so basically that's where I am on this. I think we should continue with the services of the special master and just express our concern that maybe when we have training sessions of types, we invite the public. And if we're going to tape them, we'll tape them properly rather than surreptitiously. So that would be my recommendation. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. First and foremost, anytime a commissioner's got concerns, I do think they should bring it forward to the commission itself so that we can hear those concerns and make our own judgment decisions, and so I'm not going to fault Commissioner Henning for that, and I encourage him to -- and also in the future. However, you know, I do have some concerns over the fairness of the recordings, and made without the knowledge of the people in the room. Some of the language that was used was a little bit on the rough side. It's very common for us when we talk to our peers, we may use a different tone of language than we would in a public setting, and not having the advantage of knowing there was a recording taking place, the language sounded like it was rough. Although, to be honest with you, I mean, in this day and age, I don't think anybody would be offended with some of the terminology that was used. Many of us use it in our day-to-day conversations with different people that we know quite well. I could find nothing wrong with what was presented. I thought that the special master did a great job of giving the message across in an unbiased way of how to handle information when it comes before her. Because if those instructions aren't followed, then you're going to have untrained people losing case after case just for the simple (sic) of technical reasons. Page 32 June 6-7, 2006 Now, on the same page, training sessions should be available to the public. I think Commissioner Fiala made some very good points. I think at some point in time, possibly two, three times a year, I mean, we might offer something to the public that would give them that ability to be updated on it. Maybe something more like a video that could be available on the Internet where they could go to it and see, how do you present your case, how you handle the information that comes before them, and that when people do file -- or they're served a notice, they might be referenced to this particular area to go. Because the truth of the matter is, not everybody can afford to hire an attorney, and quite often people will act on their own behalf, in many cases to their -- to a disadvantage. So if anything comes out of this, I do think the way to enlighten the public on how the process works is a very good measure. There's a couple things I'd like us to keep in mind in the future. When I read transcripts or summary agendas, I'd like to know who the author is. I'd like to know who the person was that actually took the responsibility to transcribe it or order it being transcribed, just to give it the validity that it needs for due consideration. Also, the summary agenda, it doesn't -- it makes all sorts of determinations and suggestions, but it doesn't give ownership to any one person. I'm sure maybe I'm reading it wrong, but I would love to have seen, you know, Commissioner Henning's recommendation, just as we have now, staff recommendations or so and so's recommendations or the environmental protection agency recommendations, they're all listed down there so we can look at it and we know that it's something that's coming from an individual, a group or what, what the recommendations are. And that's a suggestion that would sure make my decision-making process in the future when these things come forward is a little bit easier. Thank you for the time. CHAIRMAN HALAS: Commissioner Henning? Page 33 June 6-7, 2006 COMMISSIONER HENNING: Well, you'll find the recommendations on page 2, Commissioner Coletta __ COMMISSIONER COLETTA: Yes, sir. COMMISSIONER HENNING: -- on the bottom. And if you look on the next page, is a -- who it's prepared by. The item was submitted to the county manager with my signature. Okay? In reference to the training of code enforcement officers, there's no question about it. And I think that's what the association of code enforcement officers in the State of Florida do. In fact, I was told just recently, there was a training session on Sanibel Island just recently. So there's venues to do that, and probably a more appropriate one than the one that took place. As far as taping, or the audible part of the training session and why it didn't get into the transcript, if the people don't come to the mike, it's not going to get into the tape; therefore, you can't record it. You can't -- you can't put it in transcript form if it's not audible. But it's not so much about the training. It was what was said by the special master in the training session, which I included in the -- in your backup material. So that is why, on page 2, that I made the recommendations. And I'm going to make it into a motion, that the Board of Commissioners terminate the contract with the existing special master for convenience, that we appoint the Alternate Special Masterate, Lynn Hixon-Holley, that we direct the committee, Special Masterate selection committee, to reconvene for an alternate, and that we give the citizens who contested their notice of violation before the Special Masterate an opportunity to be reheard to the code enforcement officers, or to the code enforcement board, and I make that a motion. MR. PETTIT: Commissioner Henning? Mike Pettit, for the record. With respect to the last recommendation, what I would tell you is that the general process for an appeal of a code enforcement Page 34 June 6-7, 2006 determination is that you have 30 days, and typically if your charge is unfairness or bias, that has to appear of record, and that has to be part of your appeal. That's, I say, typically. To my knowledge, I don't know how many issues were appealed that were contested. I think arguably, because this is a board that can take actions for a valid public purpose, that the board could conceivably find that there is a valid public purpose to compromise or disgorge fines or compromise and release liens. It's clear that the board can do that in an individualized setting. F or example, if somebody does appeal, I'm sure -- I know from time to time people have come before you and you have released liens or compromised liens for less than full value, and you have full power to do that. In an unusual circumstance -- I will tell you, I have not fully researched this. But I do believe the board can act for a valid public purposes, and if based upon this record, it found there was some sort of flaw in -- potential for a flaw in the contested cases, it could determine that, for a valid public purpose, it could set up some sort of claims review process. I would caution you that this board does not have the authority to act as an appellate body nor does it have the authority to overturn or review the code decisions. It would simply be a recognition based on information brought forward that there may have been some flaw; and in order to assure the public trust in acting for a valid public purpose, that you follow that process. Now, that I'm telling you is somewhat complicated, because the typical way to challenge a code enforcement determination is appeal it. And to my knowledge, that hasn't been done in many cases. I don't know how many. Michelle probably can tell us. So I caution you that I have not completely and fully and finally researched that question of a review process. I believe that there probably is a way to get there if that's what the board would desire. Page 35 June 6-7, 2006 CHAIRMAN HALAS: Can I ask a question? MR. PETTIT: Sure. CHAIRMAN HALAS: County Attorney, have you had any knowledge of any improprieties of this person in administering her duties as the special master? MR. PETTIT: In the course of hearings? CHAIRMAN HALAS: In the course of hearings, yes. MR. PETTIT: No, sir. CHAIRMAN HALAS: Pardon? MR. PETTIT: No, sir. CHAIRMAN HALAS: Okay. We have a motion on the floor, and I don't believe it's received a second, so I believe the motion dies. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Okay. Thank you very much though for bringing that forward to us. Okay. I believe we have a time certain. Item #lOB TO ADOPT THE 2005 COLLIER COUNTY WATER AND WASTEWATER MASTER PLAN UPDATES, DATED JUNE 6, 2006, PROJECTS 70070, 73066 AND 75007 - PRESENTED AND APPROVED MR. MUDD: We have a time certain. It's item lOB. The item to be heard at 10 a.m. It's followed by companion item 8A and 8B. This is a recommendation that the Board of County Commissioners adopt the 2005 Collier County Water and Wastewater Master Plan updates dated June 6, 2006, project 70070 and 73066 and 75007, and Mr. Roy Anderson, your director of engineering for public utility division will present. MR. ANDERSON: Good morning. I'm Roy Anderson, public Page 36 June 6-7, 2006 utilities engineering director, and I'm here to introduce agenda item number lOB, 8A, and 8B, namely the 2005 Water and Wastewater Master Plan updates. The water and wastewater impact fee studies, the water and wastewater rate studies, and the necessary updates to the impact fees and rate ordinances. In a minute, I will introduce Mr. Mike Pecala (phonetic) from the firm of Greeley and Hansen, who worked with us in the preparation of the Water and Wastewater Master Plans. Mike will present the master plans before concluding -- and before concluding, we will solicit your questions, and then we'll ask for votes for the approval of the master plans. Following that, Mr. Robert Ori (phonetic) from the firm of PRMG, who worked with us in the preparation of the impact fees and rate studies, will present these studies, and we will then request your questions and your votes for the separate approvals of the impact fees and the user rate studies, as well as the necessary changes to the ordinances that are requested under items 8A and 8B. So with that, unless you have any questions at this time, which I'd be happy to answer, I'll ask Mr. Pecala to come up and make his presentation. MR. PECALA: Good morning. For the record, my name is Mike Pecala with the firm Greeley and Hansen. The purpose of today's presentation is to report on the 2005 master plan updates to show that the 2005 methodologies are consistent with the previous master plan updates that have been prepared and with current trends to identify differences between the previous master plan update and this year's, and to make recommendations for the -- for changes to the January 2006 Annual Update and Inventory Report and Capital Improvements Plans. As with the 2003 master plan, essentially what we're doing with this is we look out at ultimate population conditions and the county's mission, and identify programs and infrastructure needs to provide the Page 37 June 6-7, 2006 required level of service, and then to plan for that in a series of steps. The drivers for the master plan decisions are to have adequate capacity to provide your level of service, to provide reliable facilities, to be concurrent, to meet the demands of development, and especially in the case of water resources, to have sustainable supplies. Service areas. To my right here you can see the water and wastewater service areas. I'd like to point out that the service areas are exactly the same as what was previously approved in 2003. No changes there. And that -- in the case of the water service area, there are four plants; the existing north county and south county plants and a proposed northeast and southeast and regional water treatment plant. There is a minor change in the number of plants for the wastewater service area. There are four plants there also. Previously there were five. There's the existing north and south county plant and a northeast and southeast plant. Previously, in the previous master plan, there was planned an east central plant, and that plant has been deleted and replaced with a master pumping station. I'd like to talk about the water and sewer district customers. We utilize the county planning services data for customer proj ections from the AUIR. Those projections are based out of the Florida Bureau of Economic and Business Research, or BEBR, numbers, as required by statute. The BEBR high population proj ections are used for 10 years per the AUIR, and then average rate of growth is used thereafter. Those population projections are anchored in the 2000 census, and a recent certificate of occupancy data validates this approach. The county only serves water and sewer customers in the water and sewer district. That includes your current customers and infil1. The sewer/direct in the future will include Orangetree. There's an obligation for the county to take that facility over in 2012, and the planning is consistent with the AUIR and county future land use Page 38 June 6-7, 2006 element. I'd like to talk now about water flows and water demand, wastewater flows and demands. The level of service has not changed from the previous master plan update. Water demand is calculated using 185 gallons per person per day, and wastewater demand is calculated using 1120 gallons per capita per day. This is an important chart as an intro for the charts that I'm going to show you in just a minute. New plant construction for water or wastewater typically takes about eight years from start to finish planning to place it in operation, and that impacts, of course, how things are built. This graphic shows the maximum month daily water demand as the red line in the chart, and then the existing and proposed water treatment plants that are planned to keep up with that demand. That chart is duplicated here with colored bars at the bottom. You can see a blue line that's located above the colored bars, and that represents the actual raw water supply that needs to be provided to those plants to produce the finished water along with the treatment losses, and then the green line which is shown above that represents the actual capacity or wellfield capacity that has to be built with consideration of additional wells for reliability and sustainability. The -- providing sustainable water supply is a key aspect of the master planning, and the county must have a flexible plan that considers hydrologic and regulatory uncertainties. How is that flexibility provided? Essentially the master plan uses alternative water supplies to meet future demands, that's brackish and salient water, and that's consistent with South Florida's lower west coast regional water supply plant. The county will consider use of freshwater sources in the future if those become available as a means of mitigating costs and also to provide a diversity of supply. Page 39 June 6-7, 2006 Wastewater. A similar chart as what I showed you for the water plant capacity. The red line there represents the maximum month wastewater demand, and then the colored bars represent the existing and future plants for those expansions to meet that demand. I'd like to now highlight some of the differences between this year's master plan update and the previous one. The capital improvement project costs in five-year increments are shown on this chart. Each one of those bars there represents five years. The blue is water cost; green, wastewater; and yellow is irrigation water. And I'd like to emphasize that the CIPs are based on local costs. In numbers, the 2006 master plan has approximately $1.2 billion ofCIP costs within the 10-year impact fee window. What are the major differences between the 2005 and 2003 CIP budgets? In the case of the wastewater CIP, the northeast facility was increased from an initial capacity of two to four MGD. As I mentioned before, the east central plant was replaced with a master pumping station. The expansion of the north county facility was accelerated by three years, and contingencies were reduct?d to 0 percent for recurring projects, and for years one through five, and 10 percent for year six through 10 at 20 percent thereafter. And those contingencies are consistent with the reclaimed water CIP in the water also. On the -- in the case of water, we've added new expenditures for water supply reliability wells. The northeast plant is now aID-year __ 10 MGD, excuse me, facility; now a phased 15 MGD. A portion of the costs for the southeast plant have now moved within the impact fee window and, again, the same contingency change. The Annual Update and Inventory Report was approved in January, 2006. And in the process of developing this, we have changes that need -- minor changes, essentially, that need to be made Page 40 June 6-7, 2006 to that report. What are those deviations? In the case of the water system, the northeast plant has been broken into two phases and the implementation dates delayed a little. The ultimate capacity of that northeast plant is now 30 MGD rather than 45 MGD. And in the case of the southeast water plant, the facility is now planned to be a 12 MGD facility in 2017, and then expanded to a 24 MGD facility in 2023. In the case of the water -- MR. DeLONY: Watch the mike. Get closer to it. MR. PECALA: Okay. Thank you. In the case of the wastewater system within the impact fee, that is now planned to be a four MGD facility in 2011 with an expansion in 2014 rather than what was planned in AUIR, which was four in 2009 and eight in 2012. And then in the case of the ultimate capacities for the northeast water reclamation facility, it's now planned to be a 20 MGD facility in 2025 instead of a 28 MGD. Now I'd like to turn the presentation back over to Mr. Anderson. MR. ANDERSON: Thanks, Mike. I'd like to ask you if you have any questions at this juncture in any of the information presented so far? CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: You're showing a decrease in requirements. Wait. Go back to the other slide, the one you were on before. Why are we showing a decrease? AUIR specifies four million gallons in 2009, then eight million gallon expansion in 2012 . We are substantially reducing that in the master plan. MR. DeLONY: Yeah. For the record, Jim DeLony, Public Utilities Administrator. Commissioners, the bottom line of it is, we were very aggressive Page 41 June 6-7, 2006 in that schedule and those demands, and we looked closely at the direction of the board and also on the recommendation of the Planning Commission of what would be our excess capacity during that window of time between the completion in 2009 and our on-line date of2012. The actual numbers you see here are a better fit with regard to balancing that challenge of just in time, you know, demand, and just in time supply. It's a phasing opportunity here. We'll be building that plant in two MGD increments with regards to the RO side of it. So we'll be able to dial in if we miss this -- as we see in two years, one of the recommendations you're going to hear today is that we relook at all this in two years. But if we see it, we'll still have the time to go back maybe to our earlier assessment. But given what we know now in terms of the population numbers we have and the timing that's a best-fit scenario from terms of risk, cost, and availability, this is our recommendation. We'll eventually build that plant out to that ultimate capacity. It's just that we're going to take it at a slower pace than what we originally thought in our A VIR earlier in January. COMMISSIONER COYLE: Okay. Just so that I understand the parameters here, the A VIR, as you just stated, was in January. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: The master plan update figures are as of what date? MR. DeLONY: Sixth of June, as of today. It is the most current use of information that we have is what you're seeing today. And when I brought that to you in January, I was actually using data that went back three or four months. And so giving that -- again, the Planning Commission and this board asked me to take a very careful look at the timing of this and see if we were being a little bit too aggressive. And I've got to be honest with you, we were. The bottom line of it is, we looked at population. I think this is a better-fit Page 42 June 6-7, 2006 recommendation. COMMISSIONER COYLE: Well, there's nothing wrong with being conservative in your analysis -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- when it comes to water and sewer. But I presume at some point in time you're going to tell us what this means in terms of, perhaps, cost savings? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: And how that will benefit our future capital improvement plans. MR. DeLONY: Yes, sir, exactly. In fact, the rate study __ excuse me. The impact fee study, which follows this presentation, will lay that out to some degree and layout what was -- some of our constraints were financial, but truly in terms of the appropriate concurrency model, this is a -- this works. This meets concurrency, and it's fundable and feasible, given the impact fee and rate study which follow this recommendation in terms of the CIP. COMMISSIONER COYLE: Okay. Thank you. MR. DeLONY: Yes, sir. CHAIRMAN HALAS: I have a question before I turn this over to Commissioner Henning. My question is to you, what is our average influx of new customers per year over the last five years? MR. DeLONY: Well, let's see. We usually get -- where's John? John, come on up here with me, please. We usually get somewhere between 200 and 250 new accounts a month; is that correct, John? MR. YONKOWSKY: That's correct. MR. DeLONY: And so those accounts could be one single- family home or it could be a condo that may have a master meter or a shopping center with a master meter. So the actual number of people that come on-line have to be -- the only answer I have is what I get from comprehensive planning in terms of their forecasting model. But our experience is, about 200 to 250 new accounts a Page 43 June 6-7, 2006 month. We are, in this master plan and in the funding strategy ahead, we're anticipating, Rob, 4,300 equivalent residential units of demand for each of the next five years; is that correct? So that would be like 4,300 new homes coming on-line. It may be, you know, not necessarily a home, but it would -- may be an apartment or a shopping center. But that would -- that answers your question -- CHAIRMAN HALAS: Per year? MR. DeLONY: -- in your terms of demand. COMMISSIONER HALAS: And that's per year; is that correct? MR. DeLONY: Yes, sir, per year. CHAIRMAN HALAS: Wow. MR. DeLONY: Yes, sir. We get-- CHAIRMAN HALAS: But we don't -- and this isn't individuals. This is combination of single- family homes and condos; is that correct? MR. DeLONY: All users, yeah. Could be a shopping center, could be a gas station. An account is an account. CHAIRMAN HALAS: That's just -- we're talking account, not people? MR. DeLONY: Yes, sir; yes, sir. COMMISSIONER COYLE: And Mr. Chairman, if I could just make a quick comment. That's amazing considering the fact that the Florida Home Builders Association says we're in a moratorium here in Collier County. MR. DeLONY: I'll let Mr. Schmitt speak to that in terms of his building permits and his program with regard to certificates of occupancy. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: I must commend you on the master plan. It's a very comprehensive in-depth look. Page 44 June 6-7, 2006 The east central area, what determines when that is constructed? MR. DeLONY: The short answer, sir, is when demand appears on the horizon. We have an obligation to serve at some stage -- and I've got my lawyer to the right -- it's usually within aID-year window is what we generally look at. But we have an obligation to serve. But that combination of when and how much is a function of the rate of growth. And the rate of growth that I use for predicting that model that you see in front of you -- and that's what we have is a model or a guess -- is strictly driven by what you give me in terms of a decision in AVIR. When you -- in the A VIR process, you layout what are the parameters with regard to population growth in the county, and the comprehensive planning folks give that to me in terms of areas of the county, and I look at that. And at some point we tip the scale to where we need to either up the ante in terms of capacity or come on with new development in terms of the infrastructure. So the answer is a little convoluted. What you have there is our best understanding of when land use decisions that are pending or in place tell us when we need to have those facilities on-line. If there's a changes, somebody comes in and wants it, we'll work with that developer within a developer agreement and see if we need to bring them on earlier in some type of shared basis. This is not unlike what you see sometimes happening within our road program, for example. It's the same type of scenario. But the bottom line of it is, what I know today in terms of my best understanding of demand and timing is reflected in that report. And, again, it's all driven from your decisions through the annualization and inventory report. Hope I've answered your question, sir. COMMISSIONER HENNING: Correct, you have. I just -- I haven't seen any activity in the area, east central. MR. DeLONY: Sir, we've had some folks come and talk to us Page 45 June 6-7, 2006 off-line about potential development in that area, but no commitments with regard to timing other than just kind of, you know, we're looking at it, that kind of thing. And certainly, anything that we would do inside or outside of anything we do, we'd bring it back to you all for a decision, obviously. COMMISSIONER HENNING: Right. But when the check is cashed, that's an indication that you need to do some. The -- I just want to point out that the comprehensive financial, or the keeper (sic) report shows 2005, number of commercial permits is 228, and the number of residential units is five hundred and sixty-eight hundred (sic). So, you know, I don't know. I know you're doing a good job of trying to provide, and it just doesn't track what you said. MR. DeLONY: If I might, sir, what you're talking as units. But I look at demand. And demand for me is 350 gallons per day per residential unit, and we will equate all of that demand that you've had there in terms of permit and equate them to what we call an ERC, and we budget our concurrency based on our ability to deliver water against that ERC demand. So we take that unit development and convert it to a demand number, and that's the reason you don't see a one-for-one relationship between your numbers and what we have in terms of our projection for demand. We lay this out though very carefully in AUIR where we kind of amalgamate our demand in terms of per capita consumption. We don't look -- you know, we just take how many people in the county, you multiply it by a level of service, which is 185, and then that looks at our gross demand, irrespective of use, commercial or residential or multifamily, and then we look at our plant and distribution capacities and see if we're concurrent. We also do a monthly checkbook analysis whereby the individualized FDEP permit application is actually evaluated, and we Page 46 June 6-7, 2006 look at what we have available and what that specific user has taken off the wire in terms of capacity. So we're able to monitor it pretty effectively at this stage of the game and make sure that we're not over building, but we're just in time in terms of meeting demand and staying in compliance. COMMISSIONER HENNING: I guess I misunderstood, because I thought you were talking about hookups, and now you're talking about capacity. MR. DeLONY: Yes. COMMISSIONER HENNING: What I understand was, it was 200 hookups per month. That's what I'm basing my comments, because it doesn't track -- and I'm not saying yours is wrong. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: I'm just saying it doesn't track the -- you're saying 1,200 -- approximately 1,200 a year, maybe more. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: In here it's saying 5,800 units, whether it be commercial permits or residential permits. MR. DeLONY: Sir, I'm pretty sure that document covers the entire county, which the water/sewer district does not cover the entire county. We're a subset of the county. The only-- COMMISSIONER HENNING: That would bring your -- the numbers down -- MR. DeLONY: Yes, sir. COMMISSIONER HENNING: -- on your part? MR. DeLONY: Yes, sir. Sir, I can take a look -- COMMISSIONER HENNING: That's fine. We don't have to debate it. MR. DeLONY : Yes, sir. I'm not debating at all. I know that what -- I know what our historical -- that was the question, what's been our historical experience. I know what we've done in terms of concurrency management through the AUIR. I know what we've seen Page 47 June 6-7, 2006 in the four years I've been here in developing these master plans. And I believe what we have here is as good as we can get with regard to predicting our needs in the near term. Now, you saw in the executive summary that I want to come back in two years and do this all over again, because I believe that where we're at in the volatility, that that is the kind of close-end looking we need to continue to do. And so I hope that the kind of fidelity that you're asking for here we can serve as we get more and more experienced with regard to predicting our future here in the county, and that's the reason I'm doing that. COMMISSIONER HENNING: It's a detailed report, and it's a very good report, and I think the board trusts you in your judgment, therefore, I'm going to make a motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. I've got a motion on the floor by Commissioner Henning for approval and a second by Commissioner Coy Ie. And Commissioner Coletta has a question, and then I have a question to follow Commissioner Coletta's. COMMISSIONER COLETTA: Well, first I'd like to add to Commissioner Henning's comments that it's an excellent summary agenda, an excellent report. It definitely kept a lot of us busy over the weekend. Thank you so much for the summary agenda for identifying what the differences were from the last time to this time. It sure made the reading a lot easier to know what you're looking for. I think you did an excellent job with it. And if we're ever going to err, let's err on the side of caution and have an excess capacity than to get to that point where we were a couple years ago. MR. DeLONY: Yes, sir. CHAIRMAN HALAS: My question is -- and it follows up a little bit with what Commissioner Coletta was just talking about -- say Page 48 June 6-7, 2006 we have a large influx of building permits that come into this county, into Joe Schmitt's area, and obviously you follow whatever's happening in the community development/environmental services, how fast can you ramp up to meet those demands? MR. DeLONY: I'm going to go back here to something you saw earlier and talk to you about the real world, that answer. CHAIRMAN HALAS: I want to know the real world, yep. MR. DeLONY: First of all, you know, an influx is anticipated to some degree in our planning in terms of contingency-based analysis. F or example, we're not -- we're not on the mark. We've given ourself some reserves, and those reserves are clearly outlined here in terms of how much more we're going to have available than just meeting it specifically. If you need 100, maybe we've got 110, 115. So there's also some -- and this plan has some flexibility. I think that Commissioner Coletta outlined it carefully that you all expect me to have a plan that is flexible but does not get below the standard of meeting demand and staying in compliance. But the real world is, it takes about eight years from start to finish to put a new capacity on-line. That's the bottom line. Now, if you have an existing plant structure, you can cut that probably in about half because you're not dealing with the siting and land use and the acquisition of real estate. Now, in the case of our water plant, our south and north water plants, the current plants, after we finish this next year's expansion of our south water plant, that's it. We're all the way to the fences. There's no more expansions there. The north water plant is already built out. So our next increment of change is a full expansion of the new plant, and that's our northeast plant. We bought 216 acres there. We're going to have a site that is expandable and has got the ability to grow as the county sees fit and as the county's demands are to do it, so there is -- the acquisition of real Page 49 June 6-7, 2006 estate's been done correctly, I believe, to meet your question. CHAIRMAN HALAS: Okay. MR. DeLONY: And then it comes down to this board directing me through -- primarily through the AUIR as to what you expect me to have when, an influx that causes a blip will result in this. We'll go to a drop high permit, meaning that if we don't have the capacity either in water or wastewater services -- CHAIRMAN HALAS: Okay. MR. DeLONY: -- for the customer at the point of that customer's demand, whatever the reason, that we will not issue certificates of occupancy that deal with central -- you know, providing those essential services, but -- CHAIRMAN HALAS: You're answered my question, yep. MR. DeLONY: But, again, we don't want to go there. Ifwe can stay concurrent with demand, and I think this board's committed for the utility to do that, that's my -- that's our charter. That's our mission. CHAIRMAN HALAS: Okay. Do we have any public speakers on this? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. We have a motion on the floor. Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Page 50 June 6-7, 2006 And we will take a 12-minute break, so we'll be back at 10:44. Please be back because we've got a busy day. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager. Board of County Commissioners is now back from recess, and _ Item #8A ORDINANCE 2006-26: AMENDING ORDINANCE NO. 2001-13, AS AMENDED, (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE); PROVIDING FOR INCORPORA TION BY REFERENCE OF THE WATER AND WASTEWATER IMPACT FEE STUDY, DATED JUNE 6, 2006; ALSO TO INSERT A REFERENCE TO THE COUNTY'S MOST RECENTL Y UPDATED WATER MASTER PLAN AND ITS MOST RECENTLY UP-DATED WASTEWATER MASTER PLAN; ALSO TO INSERT AMENDMENTS REQUIRED BY FLORIDA HB/SB 1194; ALSO TO APPEND THE REVISED WATER AND SEWER IMP ACT FEE RATE SCHEDULE TO THEREBY INCORPORATE INTO THE ORDINANCE, BY REFERENCE, THESE NEW WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING THAT THE ORDINANCE SHALL BECOME EFFECTIVE UPON RECEIPT BY FLORIDA'S SECRETARY OF STATE, BUT THAT THE REVISED IMPACT FEES SHALL NOT BECOME EFFECTIVE UNTIL 8:00 A.M. ON FRIDAY, SEPTEMBER 8, 2006. (COMPANION TO ITEM lOB) - ADOPTED Page 51 June 6-7, 2006 MR. MUDD: Commissioner, that brings us to our next item on the agenda, which is 8A. This is -- this item is to follow 1 DB, which the board just acted upon. It's a recommendation that the Board of County Commissioners adopt an ordinance amending ordinance number 2001-13 as amended, the Collier County Consolidated Impact Fee Ordinance; providing for incorporation by reference to the Water and Wastewater Impact Fee Study dated June 6, 2006; also to insert a reference to the county's more recently updated Water Master Plan and its most recently updated Wastewater Master Plan; also to insert amendments required by Florida HB and SB 1194; also to amend the revised Water and Sewer Impact Fee Rate Schedule to thereby incorporate into the ordinance by reference these two water and wastewater impact fees; and providing for conflict and severability; providing for inclusion into the code of laws and ordinances; providing that the ordinance shall become effective upon receipt by Florida secretary of state, but that the revised impact fees shall not become effective until 8 a.m. on Friday, September 8, 2006. Again, this is a companion item to lOB. And Mr. Tom Wides, your director of operations for Public Utilities Division, will present. MR. WIDES: Commissioners good morning. As Mr. Mudd said, my name is Tom Wides. I'm the operations director for public utilities. This morning I will introduce the presentation of the proposed changes to the impact fees for the water and sewer district. The agenda this morning will be to discuss the guiding principles that were used to develop the fees, what we've done to date in terms of approvals up to this point in time, a review of the development of and the resulting impact fees, and the introduction of a new fee, which is called the allowance for funds prudently invested known as AFPI. As you hear more about this AFPI fee this morning, think of it as a mechanism to fund the carrying costs of the debt incurred to build Page 52 June 6-7, 2006 future capacity. We'll talk about that a little bit more as we go. Finally, we will present the proposed user rates resulting from the master plans and updated miscellaneous fees. Our guiding principles. With the large increases in population anticipated in the district and as portrayed in the AUIR recently completed and the resulting master plans, the utilities' intent is to maintain its position that growth will pay for growth. The capacity that is developed will reflect the required utilization by our customer base. User rates must cover the cost of providing reliable and sustainable service. The utility must maintain sustainable -- must be sustainable and financially viable. It is our position that we will not sacrifice the future to minimize fees today. We must reflect today's cost of service to our customers at the current level of service standards that you heard earlier this mornIng. We will maintain a financially creditworthy utility. This includes adequate operating reserves, reasonable debt-to-asset ratios, and compliance with rate covenants and bond resolutions and state-revolving fund loan agreements. Finally, we will maintain competitive and affordable user rates. What have we done to date? We've updated the impact fees in compliance with the AUIR and the resulting master plans, as I've noted. As you heard earlier, the capacity cost in those master plans were based on localized cost data for construction. We have designed the allowance for funds prudently invested, the AFPI, to recover the carrying costs of that debt that will be incurred for new capacity. We've prepared the financial forecast and evaluated the user rate adjustments. We've also evaluated our miscellaneous utility fees, such as meter tapping charges, change of ownership fees, meter locks, et cetera. Further, we've gone through and met with the Development Page 53 June 6-7, 2006 Services Advisory Committee and gained their approval for all studies by a margin of 10 to 1. Likewise, the Productivity Committee unanimously approved the studies that they reviewed, which include the master plans, impact fees, and the AFPI. Finally, outside legal counsel in conjunction with internal legal counsel has reviewed the studies and approved the methodology for legal sufficiency. At this point I would like to turn the presentation over to Mr. Rob Ori, the principal for PRMG, and he is our Rate Consultant. If there are any questions -- otherwise, I'll turn it to him for discussion of the impact fee study itself. CHAIRMAN HALAS: Are there any questions from the commissioners at this time? Commissioner Henning? COMMISSIONER HENNING: The -- we're not making a decision till this afternoon on impact fee rates, are we? MR. WIDES: Commissioner, our request this morning will be-- one request will be to approve the impact fees as presented, and a second request after presentation will be to approve AFPI, the user fees, and also the miscellaneous fees this morning. COMMISSIONER HENNING: Okay. Wasn't it advertised as an item to be heard this afternoon? MR. WIDES: I believe we had it advertised as a study for today. COMMISSIONER HENNING: Well, I know it's today, but item seven and eight are -- in the front of our book it states that those items won't be heard before one p.m. MR. MUDD: Yes, sir. It said -- it says, items seven and eight to be heard no sooner than one p.m. unless otherwise noted. And if you go to item 8A in your agenda, it says, this item will immediately following lOA, which is 10 a.m. time certain. COMMISSIONER HENNING: All right. As long as we're legally -- Page 54 June 6-7, 2006 MR. MUDD: And the same thing with 8B, sir. We did that to make sure it was specifically noted that it was changed to the precedent that comes after one o'clock. COMMISSIONER HENNING: I do have some questions on the rates, if you don't mind. CHAIRMAN HALAS: Go ahead. COMMISSIONER HENNING: The -- your recommendation is to approve the rate study for two consecutive years? MR. WIDES: Yes, sir, that is correct. COMMISSIONER HENNING: Okay. What -- just recently we approved a study for efficiencies within the department. Is those efficiencies going to affect the -- well, I'm assuming it would affect the operation and then may affect -- depends on the study, may affect the rates? MR. WIDES: Commissioners, the intent of the study that you mentioned is, in fact, an audit of the processes in utility billing and customer service. Also, as you are aware, on an annual basis there is a component of the CAFR, of the Comprehensive Annual Financial Report, that deals directly with the water/sewer district. That is part of the ongoing -- KPMG, our external auditors, that is part of their ongoing process each year, to audit the data that passes through the utility billing system for revenues, et cetera. But this audit that we've asked for as staff is, in fact, a process audit, which is looks at the controls that we have within, looking at the potential bottlenecks in our business process that we might want to all eve (sic) as time goes forward; however, I can -- I can almost __ based on my experience in the past in these types of audits, these will be ongoing changes that will affect far into the future as opposed to the types of changes you'll just turn on a dime and move now. Will it help maintain rates at lower levels in the future? Yes, that's our intent. Will it reduce rates today? I don't believe that will Page 55 June 6-7, 2006 be the outcome. I haven't seen the outcome. We haven't done the audit yet, but I've had a lot of experience in this area. COMMISSIONER HENNING: Okay. So it's not an efficiency study? MR. WIDES: Of course we'll look for bottlenecks, and if we take things out of the bottleneck, that would be an efficiency item. That would be -- COMMISSIONER HENNING: Okay. MR. WIDES: Yes, sir. COMMISSIONER HENNING: Let me get to the question. MR. WIDES: Yes, sir. COMMISSIONER HENNING: The previous item that the Board of Commissioners approved for you to hire a consultant, was it an efficiency study; yes or no? MR. WIDES: No, sir. COMMISSIONER HENNING: Okay, thanks. MR. WIDES: That is not the primary intent of that study. COMMISSIONER HENNING: Thank you. MR. WIDES: You're welcome. CHAIRMAN HALAS: Any other questions from my commissioners? (No response.) CHAIRMAN HALAS: Thank you very much for your presentation. MR. WIDES: Commissioners, thank you. I'll turn it over to Mr. Ori at this point. MR.ORI: Mr. Chairman, members of the commission, for the record, my name is Robert Ori of the Principal Public Resources Management Group, and with me also today is Mr. Brian Mance, who is a consultant with our firm who was instrumental in preparing the analyses I'm presenting for you today. I'm going to make several presentations, one on impact fees, the Page 56 June 6- 7, 2006 MPI charges and user fees, and I'd like to talk about the impact fees first. MR. DeLONY: Make sure that you get close to that microphone. MR.ORI: As you well know, the purpose of the impact fees basically is to try to ensure that growth pays for growth. It's our first business principle in what Tom presented to you earlier, and it's a capital financing tool that's been used by the county for many, many years, especially in the water and utility industry for well over a decade. But the key here is that the impact fees must meet the national nexus requirements required by case law, and the fees must be reasonable. The long-term effect, obviously, is to drive additional funds to the existing rate payers and to stabilize the long-term effects on rates. As was previously mentioned in the presentation of the master plan, we've got almost $1.2 billion of capital needs for the next 10 years, and you can see on this slide a lot of it is water related. But those capital improvements provide various -- or meet various issues relative to your program. It's not only for growth, though a lot of it's for growth, but you have renewals and replacements as assets reach through usable lives (sic), you need to replace those assets, or that could be upgrades to the systems due to regulator concerns and/or liability issues. So this 1.2 billion includes basically everything. The financing for those improvements will really be three major sources: User rates, debt financing, and impact fee collections. As the enterprise fund, the district receives no benefit from outside revenue sources nor receives any government funds from the general -- from taxation of general government subsidies. We have to support ourselves, basically. In terms of, if we looked at aID-year planning horizon, over the next 10 years the master plan identified over 30 MGD of water Page 57 June 6-7, 2006 additions and almost 19 MGD of wastewater additions, as you can see here. Based on the master plan, the level of service identified in the master plan and the level of service identified for the impact fees, we're recommending an increase in the impact fees about a little over 17 percent or $1,000, as you can see on this chart, with the majority or the primary effect being on the water side. And you remember the CIP slide, a lot of the dollars in the capital improvements plan were also water, so there is definitely consistency there. That's what we're recommending today. In addition, we also went back and did a reasonableness check and looked at the most recent cost to the expansion that the county's just performed, compared the treatment costs that we've recognized in the impact fee calculation to the treatment cost that you've actually incurred most recent. And what we discovered was, the fees are very reasonable, so match the reasonable test and the rational nexus test. Not only is it very comparable to the existing, but our methodology supports the overall plan. In terms of capital recovery, this is a major issue, and this is going to come up in effect with user fees and AFPI and one of the reasons why we're recommending that new fee. As you know, with the utility industry, you've got to build before they come. You have to have the facilities in place before you can serve them. It's not like a road or a park where you can kind of work around it. I've got to have service, and to do that, we've got to construct in advance. The impact fees we're recommending will recover in the next 10 years about 50 percent of that capital cost reflected in the impact fee. You may say to me, well, gosh, we want to recover 100 percent. I can't do that. I've got to recover the pro-rata share of the capacity per customer. Page 58 June 6-7, 2006 F or example, if I have $100 in need and five customers in the next five years, I can't recover that $100 from that five if that $100 is there to serve 10. So I have to have a relationship there, and that's why we have a proportionate share of the percent recovery. Recognize we have to recover in advance or build in advance, we have to remove the capital cost to carry, which I'll discuss in a second. To give you an idea on comparability, that's always a question. And as you can see on this chart, we're at the high end today and we're at the high end tomorrow. Weare in the area where we have generally the highest impact fees, and there's a lot of reasons for that. But if you look at this chart, those -- those entities or utilities at the bottom of that chart that are upper-cased capital letters, they all have impact fee adjustments in effect or being evaluated at this time. And a couple -- one that's really important, I think, is like, for example, Manatee County. They will probably be raising their impact fee, my guess, between 1 to $2,000 here in the next 60 days or so. That's what they're looking at. That's -- I like that one because that's a utility that's had low costs for a long time, and now the regulatory impacts are starting to hit them in terms of new water supply, new technologies, which you've been having for many, many years already. That kind of gives you the idea of the relationship. There's a lot of reasons why these fees may differ, and you're pretty interesting. You've got to think about your service here. You're over 220 square miles of utility service area. And they gave me a statistic I thought was interesting. If you take your water pipes and lay them -- or wastewater pipes even, lay them end to end, it goes to Nashville. That's how much pipe you have in the ground right now if you have to -- oh, yeah, it's long. It's 800 miles. It's a long ways. So you know, you've got to recognize this. And the density of your system because you're a county system, you know, you've got the facilities, and then the densities occur. So it's amazing. Page 59 June 6-7, 2006 The other thing is, I mentioned Manatee County as an example, where you are in the utility life cycle. They -- Manatee County got grant funds, old facilities in their facilities. Now they're reaching the need to expand again. If you look at that comparison and saw Naples and the City of Bradenton, they're very low in the comparison, but what are they doing? Basically nothing. They're built-out communities, they don't need additional capacity. Their biggest issue is renewals and replacements, not new capacity. That kind of gives you some of the reasons why these fees are different. And with that, I can turn it back over to Tom, or do you have any questions? CHAIRMAN HALAS: Are there any questions from commissioners? MR. ORI: No. CHAIRMAN HALAS: Please proceed. MR. WIDES: Commissioners, as noted in the executive summary this morning -- and if you will, I won't read the require recommendation, but essentially we're trying -- we're requesting you to adopt these impact fees effective eight a.m. on Friday, September 8th, and also to have us come back in approximately two years to do an additional review of the impact fees to make sure that we've maintained the link between the fee levels and the current capacity planning and requirements. CHAIRMAN HALAS: Okay. Do we have any public speakers on this item? MS. FILSON: We have one, Mr. Chairman. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a fast question. I was wondering why we're going to do this on September 8th when the rest of them we've been enacting by July 1 st. MR. MUDD: Commissioner, the governor in his signing of the impact fee legislation, we're not real sure where it is right now as far Page 60 June 6-7, 2006 as, is it signed, is it on his desk. And to be on the safe side, we've put the 90-day requirement into the future impact fees. COMMISSIONER FIALA: Thank you. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Mr. Chairman, we have one speaker, Kenneth Thompson. MR. THOMPSON: Good morning, ladies and gentlemen. You know, before you give these people one red dime -- for the last three weeks, I have called that man right there. He won't respond, he won't -- he won't help you. They're out there at 1:47 this morning again dumping these big dumpsters, they're causing me trouble, more and more trouble. He's a-sending his gar -- I don't know whether he know it or not, but you don't need 40 garbage trucks on Bayshore Drive -- I mean on Becca Avenue. And the garbage, I swear to God they're hauling it in, because I go down -- and I went and spent a lot of money, 800 bucks, for a DVD Sony camcorder, and I don't think he'd lie to you. I'll stand here and play it for you. And what they have left on Pine Street is 'frigerators hung wide open. And I have never -- the garbage truck will run, and then more trash will pile up. I don't believe I have ever in my life had a problem like I've had this last three weeks. I call them, I leave him a message. He will not call you back. So I got in such bad shape the other day, it came out what I wanted him to know, it really did. And DeLony back there, he's not going to do nothing. Why don't you take some of this money they're getting here and tell them to go over there behind Wal *Mart, right over here, and fix that. The bowels (sic) are so froze up over there, it won't work. The water's flooding everywhere. I make a point to find his bad spots as well as his good. But when I find some of his good spots, I'm going to let you know, Page 61 June 6-7, 2006 because I'm going to tell you like it is. I never stuck nobody in the back. I've lived in this town long enough to know he had nothing to do with the water. DeLony's taking credit and getting his picture taken for his water, doing the good thing with the water. He just screwed it up. I got a brother and some people that worked for this county for many, many years. And you got the best water in this country. I don't buy it no where. I drink it from right out of the spigot. I don't have to boil it, but I'm afraid I might have to if you don't cut their money off. Money's one thing, but work is another, and that's my biggest problem is work. I go out there and I get out of one mess, I come home, I get right back in it. I go right back to work. But if you going to give him the money, hire somebody to go behind them and check them out. And I know, Mr. Coyle, you don't like what I'm saying, but you know something? I changed my mind about you. I think you're a pretty good commissioner. I'm going to tell you like it is, but you got -- you got a nice secretary. And so I want to tell you something, until you give him the money check them out. CHAIRMAN HALAS: Thank you very much. MR. THOMPSON: And the rotten garbage trucks is leaking all over the streets. They don't have proper people driving them. I'm going to get -- MS. FILSON: That's your final speaker, Mr. Chairman. MR. THOMPSON: -- DOT to -- CHAIRMAN HALAS: Thank you very much, Kenny. Okay. The final speaker, public hearing is closed. Any further discussion? COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor by Commissioner Coyle and a second by Commissioner Coletta. Any Page 62 June 6-7, 2006 other discussion? Hearing none -- yes, I'm sorry. I'm sorry. COMMISSIONER HENNING: What was -- there was a dissending (sic) vote in the Productivity Committee? MR. WIDES: Yes, Commissioner, that is correct. COMMISSIONER HENNING: What was the concerns addressed by that person? MR. WIDES: The individual just had one concern. Excuse me. That one dissenting vote was in the DSAC committee-- COMMISSIONER HENNING: DSAC. Not Productivity Committee. MR. WIDES: -- not the DSAC committee, and that one dissenting vote was -- he had a very short statement that he did not agree with the way the -- my words, with the way we gilt edge these buildings. COMMISSIONER HENNING: Are we approving this as the Board of Commissioners or ex-officio Board of Commissioners? MR. WIDES: Yes, Commissioner. COMMISSIONER HENNING: There was two things. Are we approving it as the Board of Commissioners or ex-officio Board of Commissioners? MR. WIDES: I will not -- I'm going to ask our attorneys to take that for us because I -- from my point of view, I think that would be a better answer. MR. PALMER: Commissioners, it's -- technically it's ex-officio, the board of the water/wastewater district because this -- the administration of this entire ordinance is basically the staff of the water/wastewater district. They're county employees, but it's a subset, under a special act. So you're acting as the collegial body over that board. COMMISSIONER HENNING: Okay. And I guess that's duly noted. Page 63 June 6-7, 2006 MR. PALMER: Yes, sir. COMMISSIONER HENNING: The next question, in the rate study I think calling for -- there's really no planning outside of 2030, and statements of possibly going to desalination? MR. WIDES: Commissioner, I'll let Mr. DeLony speak to that. MR. DeLONY: For the record, Jim DeLony, public utilities administrator. I don't know if within the rate study we speak to that. I know in the impact fee study we've spoken to being in compliance with the lower west coast water supply plan. COMMISSIONER HENNING: That's what it is. MR. DeLONY: And what we talked to there is that whatever we do in terms of water resource demand will be in conjunction with that plan derived by the district, in turn, I guess the state. The bottom line of it, to say we don't have a plan, we're going to have to have continuity of operations throughout this period of time, SIr. And as we move forward and get -- and next year we'll start all over again at looking at our water supply, and the year after that. This has no end. We have no end to seeking best value options in terms of what is a right mix of fresh, brackish and potentially, potentially, saltwater or seawater, and it would not necessarily come from the Gulf but would be coming from very, very deep aquifers. Technology every day is moving rapidly and, for example, in filters, which is critical to that. Technology being feasible from the standpoint of cost and operations. We want to be able to maximize or service vehicles across all those technologies. It is for sure that the availability of what has hereto been considered cheap water, that's the freshwater, that that is a finite resource available to this utility and in turn, all members of this county. There is a finite amount of freshwater. That's been stated many times on the record many years before even I came here. In working with the district, we will continue to look at that Page 64 June 6-7, 2006 carefully and validate that statement, and then given that constraint, we will then go to alternative water supplies, which include brackish and saltwater potentially. I hope I've answered your question. COMMISSIONER HENNING: Yes, thank you. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: Just one more question. What was the credits in the impact fee? MR. DeLONY: In the impact fee? COMMISSIONER HENNING: Yes. Was there credits for well sitings? MR. DeLONY: No, sir. COMMISSIONER HENNING: Donations? MR. DeLONY: No, sir, no, sir. Nothing at all with regard to credits, no, sir. If we had anything in calculation of the impact fee that would do with grants, we add that credit, but in the calculation, forward looking calculation, if you don't have it, you can't count it as a credit. COMMISSIONER HENNING: Okay. So the donations that were given on the land use items haven't been actually turned over to you yet? MR. DeLONY: If there's been any, they would have been accounted for hereto before in terms of our total cost picture to date. But going forward, I don't have those in hand so there's no way to predict what that cost picture would be, and that's what the impact fee does. It looks at where you are, where you need to be, and what's the delta in between. COMMISSIONER HENNING: I thought you had them in hand. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: Thank you. MR. DeLONY: Thank you. CHAIRMAN HALAS: Any further questions? Page 65 June 6-7, 2006 (No response.) CHAIRMAN HALAS: Not hearing any, I'll call the question at this time. We have a motion on the floor by Commissioner Coyle, second by Commissioner Coletta. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MR. WIDES: Commissioners, thank you. I'll ask Mr. Ori to speak to the user fees now at this point in time, which I believe is item 8B. Item #8B ORDINANCE 2006-27: ORDINANCE THAT MODIFIES ORDINANCE 2001-73, TITLED COLLIER COUNTY WATER- SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; THIS MODIFICATION INCLUDES PROPOSED RATES FOR WATER AND WASTEWATER SERVICES BASED ON A RATE STUDY DATED JUNE 6, 2006 TITLED WATER AND WASTEWATER RATE REVIEW FOR COLLIER COUNTY WATER-SEWER DISTRICT; AND PROVIDES FOR A NEW FEE TITLED ALLOWANCE FOR FUNDS PRUDENTLY INVESTED (AFPI) AS SCHEDULE SEVEN OF APPENDIX A OF THE ORDINANCE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2006 FOR SCHEDULES 2 THROUGH 7 OF APPENDIX A OF Page 66 June 6- 7, 2006 THE ORDINANCE; AND PROVIDES FOR EFFECTIVE DATES OF OCTOBER 1,2006 AND OCTOBER 1,2007 FOR SCHEDULE 1 OF APPENDIX A OF THE ORDINANCE. (HEARD AFTER ITEM 8A) - ADOPTED CHAIRMAN HALAS: 8B. MR. ORI: Thank you, Tom. Again, for the record, I'm Robert Ori, Public Resources Management Group. I'd like to kind of break this presentation into two parts, if I could. One, you've heard the words allowance for funds prudently invested, or AFPI charge. I probably refer to it as AFPI, if obviously I'm announcing funds prudently invested, and then I'll talk about the user fees. The AFPI charge is a new fee being recommended to you today, and the purpose of this fee is to recover the cost of the carrying and the capacity for new development. As I mentioned in the impact fee presentation, we've got to build before they come. And generally the impact fee includes -- in our analysis, includes the principal or capital cost of construction, not the interest carry cost of the construction. This fee includes the interest carry cost of construction. We don't add in multiple years of interest into our calculation. It's pure bricks and mortar in our fee calculation. It's only applied to new connections. It would not be applied to the existing customers that are served by the district today. They'd be collected at the same time that the impact fees are paid, so it's coincident with that, and it's being used by many utilities in the State of Florida. And on the southwest coast, Hillsborough County has a version of this fee, and actually Sarasota County has a version of this fee for the wastewater. And as I understand talking to them last week, they're looking at implementing a water AFPI charge. Those are a few that Page 67 June 6-7, 2006 will do that. There's a lot of other utilities across the state that have versions of a carry cost. Martin County has a carry cost called system availability charges, so when people pay, they reserve capacity and they pay fees. So this type of concept is very prevalent in the industry. Also the Florida Public Service Commission on the private side has a version of AFPI charges. In fact, that's where I coined the term from was from the private side, even though these fees are calculated differently than that. What we're recommending is a forward looking fee application that matches the carry cost of capacity at the time an applicant pays for the capacity to the impact fees. And if you look at your chart on your screen there, it's probably easier to discuss that. F or example, if I was a new developer or an applicant that is buying one unit of capacity, one ERC of capacity, in month one, 1'11 pay $24. That's the carry cost of that capacity for one month. But let's say I come in five years later and you've issued bonds, you've funded these facilities, you're going to pay a lot higher fee, and this fee maxes out in 72 months or six years at $1,674 approximately for water and wastewater combined. Then after that it ends. And we picked the six-year period, because as you remember the chart in the master plan, it takes roughly eight years to site, design, build, and construct the facility, and then you've got to fill up the facility by utilizing capacity. If you look at eight plus five a prudent -- or eight plus six a prudent time, that's 14 years. This is around the average of that. And we felt -- I didn't want to take on a 14-year period, that seemed awfully long, especially when you're not financing permitting and design up front. You usually carry that through some of the bridge financing. We were very conservative and went to six-year. Second, we'd Page 68 June 6-7, 2006 be looking at this again in about two or three years. The key here is you adopt this fee to recover the carry costs. It will produce about $12 million of additional operating revenue to the system for the benefit of the systems. That's a lot of money. And actually in the last year, the fifth year of -- this is only for five years. In the sixth year, it will be close to $6 million, between 5- and $6 million a year, assuming 4,300 ERCs of connection every year. So it's a substantial amount of dollars that benefits the system to help finance the debt service basically reflected in the rates, if you remember the primary pledge for the payment of debt rates (sic), so this benefits that, and that's the purpose of this fee. MR. MUDD: Rob, do me a favor. Commissioner Halas asked a question earlier. How do you make sure that you have the facility on line when you need it -- CHAIRMAN HALAS: Exactly. MR. MUDD: -- so that you're not issuing dry permits? And what happens, and what you're not explaining is, when a developer comes in front of utilities and he puts out that Site Development Plan or that plat and lays it out there and he says, how many buildings are going to be on that particular piece of land, at that point in time, it gets reviewed by utilities, and they reserve capacity to that particular development. That development though doesn't pay their impact fees until they draw the individual permits for those buildings. So they could reserve 600 homes worth of capacity four years earlier but never draw permit until four years later. So Mr. DeLony and crew has built the water plant, has put in the lines, has got the capacity for that, and has issued a wet -- so to speak, a wet permit to them, but he doesn't have the impact fees. So you've laid down capital, okay, in order to build that capacity in the plant, and you're paying interest on it, because you've got -- you don't have the impac( fees to pay for it, so you've had to borrow Page 69 June 6-7, 2006 money. Well, how do you pay -- how do you pay that capitalization? How do you pay that interest? And that's what this carrying charge is all about. Too bad we don't have a system for roads like that where we could pay for all of the vested units that .are sitting out there. We don't do that. But that's what he's getting to. MR. ORI: Exactly right; good explanation. And that's exactly right. Your reservation or needed capacity occurs well in advance of the collection or the funding of that capacity, and this helps cover that carry cost. This chart just kind of shows you the effect on a single-family residential -- or ERC, which is single-family home basically. If you paid -- if you requested -- or the building time, building permit, paid the imposed impact fees as adopted, and this AFPI charges shows you what the effect is on the bottom line. Kind of gets you a feel for that. And this went out to month of 49. And with that, before I go to user fees, I'll open up for any questions or comments or issues you'd like to discuss. CHAIRMAN HALAS: Yes. I believe Commissioner Coyle has some questions. COMMISSIONER COYLE: Just briefly. Number one, we -- for roads, the road impact fees we do collect 50 percent of the impact fees at Site Development Plan approval, or submission, I think. Why don't we have a similar arrangement for utilities, water and sewer? MR. WIDES: Commissioner -- again, Tom Wides for the record. Commissioner, we could do that. This is another mechanism that has been used in other municipalities in the state that provides basically that same funding level. So we've taken a little bit different approach but yet it is an approach to get more funds up front in order to pay the debt that we're going to incur in advance of the actual connections. MR. DeLONY : Yeah. I hear what you're saying, sir. We looked at that approach when the -- I guess it was about two years ago Page 70 June 6-7, 2006 we began doing that here for the roads. I guess it was about two years. Amy, two years ago? Two years ago? MS. PATTERSON: Going on three years. MR. DeLONY: Three years, almost three years now. I'm not sure that that's not the way we might go two years from now. I think this AFPI is a better nexus formula in terms of he who benefits pays and he who pays benefits. And I'm not going to say arbitrary, but a set percentage of impact fees up front. It may be or it may not pass the rational nexus test legally or otherwise. This is our approach now to make sure that we stay sufficient to the rational nexus test. I would tell you, I would like to do this for two years and come back and test it again, see if we'd have done the 50 percent and compare the two and see where we go forward from here, would be my thoughts on that, sir. COMMISSIONER COYLE: Yeah. I'm not sure you're right, but I think that's the right approach to take. MR. DeLONY: Right. COMMISSIONER COYLE: I have the hunch that getting the money in hand at SDP approval or submission is better than the approach we're using here, because I have a feeling it will get us the money -- more money earlier. MR. DeLONY: It will also -- COMMISSIONER COYLE: And it will have a very direct nexus to the development or the demand, and thus, if there is some long delay for the developer to finally bring these things to permit, who really cares, right? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: So I'm not -- I'd have to work through the numbers to convince myself that what I said was correct, but that's what you're suggesting we do. MR. DeLONY: Yes, sir. Page 71 June 6-7, 2006 COMMISSIONER COYLE: We try it for a couple of years, see what it looks like, and if it doesn't produce the desired result, then you look at something else. MR. DeLONY: That's my thought, sir. We looked at this, and Mr. Mudd and I discussed it up to this point. This approach and deployment seems to have a really straight nexus between benefit and cost and timing. We can look at that and evaluate two years down -- every recommendation we're making today is -- everything we're doing today, we're going to be back here two years from now because of the volatility of the market, as I spoke earlier to -- I believe to Commissioner Halas' question. So if I might, sir, I'd like to take your thoughts on that, and then bring it to fruit here as we look forward, and then come back here in a couple years to see which course of action we would go. Mr. Mudd, do you have anything on that? COMMISSIONER COYLE: You see, my only concern here is that we be consistent in the way we account for this. And if it is a good thing to do for public utilities, it should be a good thing to do for roads and vice versa. So it's good that we're evaluating both processes. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: And if we find that one is better than the other, my suggestion would be that we do that uniformly across the board for all the appropriate impact fees. MR. DeLONY: Let me ask Amy. Amy, do you have anything to say on this issue beyond what we've discussed? MR. MUDD: Commissioner, I'd also -- this is Jim Mudd, and Amy, you can come on up to the mike. And I'm just talking to Mike because I've got a legal question. The 50 percent road impact fee was done based on the development community coming forward and volunteering to do that, okay. It wasn't mandated by the board, and I'm not too sure you can Page 72 June 6-7, 2006 mandate that by ordinance. And so that would have to be, I believe, a negotiated thing with the development community in order to do that. But we will check on the legalities of that particular issue. That's something else that we need to look at. MR. SCHMITT: Commissioner, for the record, Joe Schmitt, community development. A couple of issues. At SDP, normally the impact fees -- or in all cases impact fees are based on flow. In Jim's departments, when they get the SDPs, they review those. But oftentimes the -- at SDP stage, they're really not fully -- the buildings may not be designed or they're not at the level to really give a full estimate of the demand. But I just said to Tom, let's say in an instance where you may have a 3~-building complex all off of one meter, that 3D-building complex may take three or four years to build, but the day that meter goes in the ground they're paying impact fees 100 percent for the entire complex of 30 buildings, even though it may take four years to build those 30 buildings. So, in fact, there is a pretense of prepayment. And I'll ask Tom and his team. They can kind of cover that. So there is a -- there is a process where Jim does, in those kind of instances, get the money quicker. MR. DeLONY: I think we have your guidance, sir, and we'll move out accordingly. Obviously, this vesting issue, we'll work through that and come back with the best fit recommendation to the board here where we come back in two years and update these fees, if that's to your desire, sir. COMMISSIONER COYLE: Okay. Good, thank you. CHAIRMAN HALAS: Are there any other questions? (No response.) CHAIRMAN HALAS: Do I hear a motion? COMMISSIONER FIALA: I make a motion to approve. Page 73 June 6-7, 2006 CHAIRMAN HALAS: Okay. Do I hear a second? COMMISSIONER COYLE: Second. COMMISSIONER FIALA: And before we just -- just one fast thing. CHAIRMAN HALAS: Sure. COMMISSIONER FIALA: I just want to commend you guys again, because this is the first year I ever knew, in the six years I've been up here, that we didn't have any calls for water restrictions or anything, which the water just kept on flowing. And let's face it, it sure wasn't like that a few years ago. You've done a great job. MR. WIDES: Commissioners, thank you. We'd like to move to the user fees at this point in time. COMMISSIONER FIALA: We have to vote on the one -- CHAIRMAN HALAS: We have to vote on this. MR. WIDES: I'm Sorry. CHAIRMAN HALAS: Okay. I believe we have a motion on the floor by Commissioner Fiala and a second by Commissioner Coyle. Are there any further discussion? MR. MUDD: And this is for the allowance for funds prudently invested, the AFPI. COMMISSIONER FIALA: Yes. Thank you for clarifying that. CHAIRMAN HALAS: Okay. Hearing no -- yes, Commissioner. COMMISSIONER HENNING: We're sitting as the ex-officio board of the water/sewer district? MR. PETTIT: Yes. CHAIRMAN HALAS: Yes, we are. Any other discussion? (No response.) CHAIRMAN HALAS: Okay. I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 74 June 6-7, 2006 CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. Thank you. MR. WIDES: Okay. Commissioners, thank you. Mr. Rob Ori again for user rates. MR.ORI: Again, for the record, Robert Ori, Public Resources Management Group. I'd like to now go to the user rates, as Tom mentioned. I wanted to talk about the financial forecasts, some of our approach, our findings, and comparability of our existing proposed rates that we're recommending to those of other communities. This was a very detailed evaluation of your user rates. You actually developed a six-year financial forecast through the fiscal year 2011. Why we prepared six years, we took your existing budget year as the test year. And since it's near -- we're nine months into it now, roughly -- we wanted to go ahead and go five years beyond that. Also, to the extent you go to the bond market, which I'll talk about in a minute or so, to get secure in the outside financing, they like to see a five-year forward protection beyond the test year too. So we're kind of doing that as well. The purpose, obviously, was to identify trends, any issues relative to your rates in terms of cost recovery, and also to develop strategies and what's the appropriate level of rates to charge and how to finance the capital improvement program and be in compliance with our bond resolutions, as well as meet our business principles regarding cost recovery strategies and compliance with our bond covenants, and also to maintain the credit worthiness of the utility system. We looked at customer growth, the expenses, capital Page 75 June 6-7, 2006 improvement requirements, et cetera, in our evaluation. Kind of give you an idea of the service area demands where we are today. You saw a lot ofprojections in the master plan side, but let's -- from a rate side, we look at it a little different. Conservatism to us is we have rates high enough to meet our needs in case there's an issue regarding expenses. Conservatism to the master plan is, I want to have the capacity available. So we're a little different here. But if you look at where we were last year, you served about, say, on average water and sewer, about 46-, 47,000 accounts, or over 70- to 75,000 ERCs. I think that's one of the questions earlier about building permits and accounts and customers. F or example, a multifamily unit with 100 units would be one account, but it would be 100 ERCs or 100 single-family households. So this kind of gives you a feel of how big your system is now getting. And if you looked at where you are today, you're over the 50,000 customer range now, and probably close to the 80,000 ERC range. You're becoming a real, real utility out there. The growth rate that we've proj ected is a 5 percent compounded growth rate, about 4,300 units. It's consistent with the AUIR, and that's pretty substantial. This is sustained growth, 5 percent compounded per year. And if you take 4,000 times, say, three people per household, that's 12,000 people per year. Another question asked, how many people are coming to the system. My guess to you is 10- to 12,000 people. That's a lot of people. The reason why we need capacity. And we want to make sure our projections match the capacity requirements of the master plan. We've got to finance that plan and make sure there's adequate capacity to serve those needs, both for existing the ratepayer as well as the future ratepayer. And that is an issue I want to mention is, we recognize a fairly Page 76 June 6-7, 2006 strong rate of growth, and that's why we want to look at this every two years. I think it's prudent what the utility's trying to do to make sure you have that match of capacity to growth so you don't overbuild and whatnot, because your most expensive capacity is your unused capacity, and we don't have a lot of unused capacity sitting there. Revenue requirements. You heard me say that before. That's the total expenditures from rates. That's operations, maintenance expenses, debt service, funding of renewals and replacements from rates, meeting our financial commitments through our bond resolutions, et cetera, and that's what we have to recover from our rates. The six-year capital improvement program. You saw this already in terms of $1.2 billion over 10 years. Over the next five years, you remember the bar chart slide in the master plan, that first five years is over $750 million, and that's what we're targeting to make sure we finance. You can see on your chart there that our financing plan right now has about 59 percent coming from future bond issues. It's not one bond issue. There's a series of basically six bond issues. Senior lien and low interest state revolving loan fund programs. The proposed impact fees based on that growth will generate almost $200 million of funds to help finance that program, and the capital accounts or rates and additional rate revenue with that is, is we're funding a lot of the R&R program on a pay-as-you-go type basis. That ranges between 7- and $12 million a year to not only increase the equity of the utilities system, but you don't want to bond existing rate improvement for existing customers that have shorter asset lives. The annual rate revenue you see there is more for departmental capital, trucks, equipment, things of that nature over the whole forecast period. Debt compliance. This is a critical issue relative to rates. You've Page 77 June 6-7, 2006 borrowed money in the past and you're going to borrow money in the future. We all pretty much know that. Give you an idea where you stand today . You've got about $163 million of outstanding indebtedness, senior lien, junior lien and commercial paper. The junior lien bonds that you see on their loans, I should say, again, are state revolving loan fund borrowings, low interest, primarily for the wastewater system, very attractive rates, in the 3 percent range. Very, very, very good financing there. What you've done that I need to commend both the district, I'll say, and staff, is that you do -- you enter into the commercial paper program by bridging the borrowings by utilizing variable rate and low interest funds. So as you construct the facilities and finance them, you're not taking out $100 million to do this. You're doing it piecemeal, so you lower your interest cost during the construction frame. Very good program. We consider you -- obviously you want to continue that. And then when you build the facilities -- and during that time customers keep coming on, then you go to permit and financing, take out that short-term debt because you can't -- it's short-term, and you replace it with senior lien debt, and the customers and facilities are billed. We're looking at about $500 million in total bonds. You saw 400 before. This includes issue costs and things of that nature in there as our estimate for that. The repayment for those bonds, existing and future, are required from system revenues and impact fees. And you can see on your chart, we have certain requirements we have to meet. This is one of our covenants is that the net revenues of the system, which is gross revenues, all of the funds coming in, less O&M expenses, that number, net revenues, has to be 125 percent of our debt payment . . . . mInImum, mInImum. Page 78 June 6-7, 2006 If you don't reach that, technically you've covenanted in your bond resolutions, you will raise rates. And why do you do that? If I'm a bondholder, it's to my security that you'll have enough revenues there to pay me as bonds become due if I'm a bondholder. So that's what that's all about. Junior lien has the same thing. Proposed rates that we have identified will meet those covenants. There's another covenant also that is called an additional bonds test. When you go and issue new senior lien bonds, there's a test that says the revenues must be sufficient when you issue those bonds to meet these covenant requirements; the reason why we have to adjust rates also. And what we're looking at, we see a rate adjustment about 12 percent of -- in fiscal year '06, and 12 percent '07, and the potentially declining rates would increase rates thereafter. We're only recommending the first two because we want to validate the need for any rate adjustments thereafter. For example, if growth is 6,000 units, that's a lot more revenue with the capacity there. I probably will need one of these rate adjustments. That's why we do that. If also there's more growth, higher AFPI charges, more dollars at the tail end, won't need those rate increase, I don't think. Or if we slow and we push the capital improvement program out, that could affect this, as you well know. That's what we're looking at right now. The reasons for this increase, one is to maintain the financial sustainability of the district. You have to do that. And I'm going to show you some of the charts in a second. But we need to finance the capital program, the six-year capital program, that you had presented to you earlier today. The other thing to keep in mind, the operating expenses are increasing at a much greater rate than even I anticipated three years ago. Page 79 June 6-7, 2006 For example, electrical cost. You've probably all felt this at your house. Well, the utilities felt it also. In fact, I serve clients on the east coast of Florida and the west coast of Florida, and I'm seeing 30 percent increases in power cost, total costs, in fiscal year '06 from FP&L, which is your provider, I believe, here also. It's been amazing. Plus we have incremental costs with new plants coming on-line, additional personnel, et cetera. The overall compound growth rate and operation expenses we have is around 9 percent, which is consistent with what's recently happened. To kind of give you an idea, since I spoke to you three years ago on the user rate study, we identified a 6 percent rate adjustment three years ago for this fiscal -- for the upcoming fiscal year, not this one; upcoming fiscal year. And we're actually double that right now. And what's some of the reasons? If I look back to, what did I present to you three years ago and where I am today, if you look at your chart, the fiscal year budget in '07 -- I'm sorry, in '03, was 39.3 million. That's O&M expenses. We estimated $50 million in '07, 6 percent growth rate, which is -- to me, I thought, was pretty reasonable. Obviously it's around 10 percent; it's $58 million. And part of that -- and there's a lot of reasons for that. As you can see, salaries and benefits have gone up with new staff, and that's always an issue. The benefits insurance, et cetera, has gone up tremendously over that period of time, electricity has, as you can see, has gone up almost 90 percent. That's unbelievable with the cost of power, and that's an uncontrollable cost. That's -- whatever FP&L charges, we have to pay. Chemicals, et cetera, has gone up. And you kind of get a feel. The other thing is, the capital improvement program that we need to finance has gone up as well over a five-year period of about $200 million, and that has a direct effect on rates themselves. Page 80 June 6-7, 2006 Kind of give you an idea about the water rate design. We're not recommending any change in the design. This is for a three-quarter inch meter, as you see here, for water. If you looked at -- if I showed you commercial customers, the 7 -Elevens or the -- or things of that nature, their base charge -- you see here, is based on the meter size. The larger the meter size, the higher the fee. That's what you have today. We're not recommending any change to that. But you can see here that the conservation incentives are getting -- are getting -- are getting pretty steep there in terms of trying to reduce the cost of -- reduce the amount of consumption per customer. This is the impact to the water rates. You see a block around 8,000 gallons. That's your average today for single-family residents. And this adjustment will produce about $3.78 to the 8,000 gallon level. You'll say, well, 13 -- the percent, I think is a little higher than that in water. Again, we put more of this increase to the tail end of this -- of this adjustment, more on the higher blocks so it will benefit the lower customers. You can see the percentages there. The next year -- the next increase is across the board, as you can see there, about $4. Sewer. No change in the rates also, just the change in level. We adjusted the rates by a uniform across the board. All customers pay equally on this one, about 10 percent, and you can see the adjustments there, the rates. And there's the rate adjustment, about $4 for the upcoming year, another $4 thereafter at the 8,000 gallon level. Combined we'll go from 71.50 to almost $80, and then up to $88 if you adopt the two-year increase for the average customer. In terms of comparability, again, we're not alone here. As I talked about the impact fees, if you look through this chart, I'm going to take you to the orange and green hash colors. The 71.50 is where you are today, and the 83 -- I'm sorry, the $79, the dark color, is where the first proposed rate adjustment would take you. You'd be below the Page 81 June 6-7, 2006 system average of utility in this area. And then the second adjustment would put you right above the system average. Because as you can see on here, there's a lot of utilities -- those are in upper case -- have rate adjustments coming, that I know of today. And of course, if you go two years out in the future, my guess is those that are highlighted will be having rate adjustments. One I __ two that I know of, I think, are contemplating it right now are Punta Gorda and Englewood Water District. They're having water issues, major, in those two utilities at this point in time, and I expect a rate adjustment, though I didn't highlight them because I have not validated that at this point in time. So that's where you'd be on the competitive basis if the two adjustments were recognized. The reasons for the increase, as you can imagine, same as the impact fees, densities of service area. I mentioned those statistics to you. The maturity of the utility system. You know, where do they stand in their growth cycle? You're a growth utility. In fact, if you go back and look at this chart, North Port, Collier, DeSoto, Okeechobee, are high growth systems, as well as Bonita Springs Utility is a high -- in fact, is a high growth system, which that rate is being evaluated as well as Hillsborough County. Those that seem to be high growth systems that have a lot of issues regarding water resources and things of that nature are the utilities that are being impacted probably the most relative to rates. The results of the rate adjustments, they will confirm with the utility guiding principles that Tom mentioned earlier, but it's sustainability, financial creditworthiness of the utility system, the ability to comply with your bond covenants, et cetera. We will recover the full cost of operating the system, meet our six-year capital program, and maintain adequate reserves in the future, and in the same token, remain competitive with all our neighbors as Page 82 June 6-7, 2006 we move forward. And with that, I'll turn it over to questions or any comments, and then -- CHAIRMAN HALAS: Would you go back to that chart-- MR.ORI: Yes, sir. CHAIRMAN HALAS: -- and show in case there's some TV audience out there, exactly where we fall in the -- line of chart -- in the chart there, just for clarification? MR. ORI: I've got an arrow here. CHAIRMAN HALAS: Okay. MR. 0 RI: If you can see the arrow. This is where you are today. CHAIRMAN HALAS: Okay, okay. MR. ORI: Seventy-one dollars, and these utilities here are below you right now. They are in a rate increase, I see -- they're going to have multiple year adjustments coming the next five years, and Lee County's got a study going on right now, and these two, I think, will be adjusting the rates in the next 24 months. CHAIRMAN HALAS: Okay. MR.ORI: So that's where you are today. The -- this color here is water; this color here is wastewater. Blue is always on the bottom in terms of the other utilities and red is wastewater. You will move to this line here, basically go up two places. You hardly move. And then the next thing -- oh, I lost my arrow here. The next one then brings you up to this point. And these utilities are also higher to you today. This is 16 months out or so in the future, and these guys are still ahead of you today. And almost -- almost every one of them is looking at a rate adjustment, if you can believe it. They're high growth systems. The other thing I noticed, we went back and looked in 2003, 2002, at the relationship of where you stood compared to the other utilities. In this proposed relationship we have in 2008, you're about where you were three, four years ago on a relationship standpoint; not Page 83 June 6-7, 2006 a dollar standpoint, but a relationship standpoint. You haven't really moved, what I thought was pretty good, which tells me they're all kind of raising their rates. But this is kind of where things -- again, here's existing, first phase, and second phase, and this right here, I did not mention, is the average of all the red and blue that's on there as of today. CHAIRMAN HALAS: Okay. Thank you very much. I think that helps clarify exactly where we stand in here. MR.ORI: Yes. COMMISSIONER COLETTA: Commissioner? CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, if I may, sir. MR.ORI: Yes, sir. COMMISSIONER COLETTA: Would you go back to that chart agaIn. MR. ORI: Yes, sir. COMMISSIONER COLETTA: I think it's very important that we understand exactly what we're looking at as far as the rates go and why the rates are where they are. I mean, the assumption is is that we're probably -- we might not be as efficient as City of Naples or some of those that are at the low end. But the truth of the matter is, it has to do with where our water sources are and what we do to get them to where we need them. In the case of the City of Naples and a lot of them that are at the far end of the chart, they're drawing from the upper Tami. aquifer, which is freshwater and takes little processing, where I would assume the rest of them, and from the middle going over, probably are drawing from the same source as we are for the majority of the water, which would be the Hawthorne aquifer. MR. ORI: Right. COMMISSIONER COLETTA: And they have tremendous costs associated with that. Page 84 June 6-7, 2006 MR. ORI: Right. COMMISSIONER COLETTA: Just so people don't think that-- you know, that our money is going towards frivolous means, I think we need to be -- explain that. MR.ORI: And that's a good point. I wouldn't -- I would debate you on the efficiency side of Naples. Naples is a system that's old, it's mature. It's not building new capacity, new water supplies, you're right. They're in the upper aquifer. They've got good water. They don't need to go to the RO of membrane softening. If you look at these utilities, for example, Hillsborough County, of course, it gets all their water from Tampa Bay Water, raw water, and then they treat it, and that's going to go up at least 60 cents a thousand gallons, 50 cents a thousand gallons the next five years, the proj ections I've seen. So they're -- without doing anything, they have to raise their rates just to get the increase that they want. Marco Island has a blend of RO in the lime pits out here. Obviously, as you know, they're going to RO even further. North Port, Charlotte, DeSoto, all our Peace River supplies, surface water supplies, they've got a major, major program going. They've got water problems. They don't have enough water. They have issues there. So to kind of give you a feel, the water supplies for these that are in the upper cases have -- don't have low-cost high-quality water supplies like you mentioned. You're absolutely correct on the water side, that's correct. I totally agree with you. CHAIRMAN HALAS: Thank you. Is there any other questions, discussion by commissioners? (No response.) CHAIRMAN HALAS: Do we have any registered speakers on this? MS. FILSON: No, sir. Page 85 June 6-7, 2006 CHAIRMAN HALAS: Okay. Thank you. Do I hear a motion? Pardon? COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. Motion by Commissioner Coyle for approval and a second by Commissioner Coletta. Any other discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. I believe we have a time certain for 11. MR. MUDD: Commissioner, yes. We have a -- the next item is 13A. MR. DeLONY: Mr. Mudd, if I might, just before we go to 13A, could I have one minute, please? I just want to restate where we've been today, just to make sure we're clear on the record with regard to the AVIR, that we updated the A VIR as part of this process today, we updated our master plan, our impact fees, our AFPI and our rates. We're going to be back here in two years to take a hard look at these again. I'd like to pass on to the commissioners here, lastly, we received a national level award this morning from the National Association of Clean Water Associations on to the public utilities, Collier County, for Florida water management of wastewater water during emergencies, Page 86 June 6-7, 2006 national level award. Twenty of these given out nationwide. Just got it this morning. I thought I'd share this with the board -- CHAIRMAN HALAS: Wow. MR. DeLONY: -- and make you aware of this. We'll have a press release out yesterday (sic). I'd like to thank the delivery team for their work today, and thank you, again, Commissioners, for your support of where we're going and where we've been. CHAIRMAN HALAS: Thank you. COMMISSIONER FIALA: Gary Menon, write that down. We need to know that in the paper, right? CHAIRMAN HALAS: Thank you very much. That's a great presentation that you gentlemen -- everybody has received. COMMISSIONER FIALA: Oh, isn't that nice? Item #13A THIS ITEM WAS CONTINUED FROM THE APRIL 25, 2006 BCC MEETING. PRESENTATION OF THE FY2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT BY KPMG (COUNTY AUDITORS) - PRESENTED AND APPROVED MR. MUDD: Commissioner, the next item is 13A, and this item was continued from April 25, 2006, BCC meeting. It's a presentation of the FY-2005 Comprehensive Annual Fiscal Report by KPMG. And I believe that Ms. Crystal Kinzel, the Director of Finance, will present. MS. KINZEL: Good morning, Commissioners. Still good morning. I almost had to change my page here. But good morning. F or the record, Crystal Kinzel, Finance Director for the Clerk of Courts. Today we are here to present to you the financial statements for the year ending September 30th of 2005. And I just wanted to take a moment to thank the entire clerk staff, county staff, and all of those Page 87 June 6-7, 2006 involved for the hours of work that they spent in completing these financial statements this year. We appreciate the cooperation and the hard work. And I would especially like to recognize Mr. Derek Johnnsen and Ms. Kelly Jones. They coordinated the statements for this year and did a great job in keeping our office together. So I'd just like to recognize them. I'd also like to introduce Mr. Tom Grady to make a statement on behalf of the clerk. MR. GRADY: Mr. Chairman, members of the board, good morning. My name is Tom Grady. I'm a lawyer here in Naples, and I have represented Mr. Brock for six or eight years, I think, on various matters, all of them, I'm happy to say, successful. And he asked me to come before you this morning to let you know that we have good news this morning. And the good news is that KPMG has agreed to render an unqualified opinion regarding the financial statements for Collier County. And, of course, the board will remember from a couple of weeks ago, there was a question about what form of opinion KPMG would be able to issue because of the circumstances surrounding representations that are required to be obtained from Mr. Brock as well as from the county. The good news is that it has worked out. Mr. Brock, as you know, initially was asked to sign a representation letter and felt that he was unable to do so. I agreed with his conclusions that he was unable to do so and negotiated with KPMG initially by drafting his own letter which was not acceptable to KPMG. Mr. Brock then called upon the resources of the auditor general and the legislative committees in Tallahassee and got some very useful, practical advice from them and suggestions that allowed him to redraft and revise the letter that he had proposed that KPMG accept, and ultimately, KPMG did. And in the process, KPMG, including Mr. Chip Jones, who's here Page 88 June 6-7, 2006 today to present the details to you, represented that Mr. Brock and his office and staff had been extremely cooperative throughout the entire process, very diligent, very honest, and that Mr. Brock's concerns in the initial representations that he was asked to provide were legitimate and reasonable. But at the end of the day, it has worked out. It's an unqualified opinion. And as a representative of Mr. Brock, I'm very happy to introduce Mr. Chip Jones, who's going to talk to you about the unqualified opinion that KPMG's providing for the financials for Collier County. Thank you. MR. JONES: Good morning. I think Kelly's passing out these summary presentations, which I wanted to review with you. I believe each of you has received a cope of the CAFR, and it's a -- quite a long document, about 160 pages. But it's got quite a bit of useful information in it. And I would encourage you, if you just want to look at certain parts, look at the transmittal letter, the management's discussion and analysis, a couple pages which I've replicated in this presentation, and then also the statistical section, which gives you about a 10-year history of the county. But the audit went very good, other than the representation issue letter, which was resolved satisfactorily. We issued an opinion on the financial statements. Well, we actually issued approximately 21 different letters and reports, all of which were unqualified. The primary ones being the opinion on the financial statements included in the CAFR, an opinion on the trunk and troll (sic) financial reporting and compliance, single audit on your major federal and state programs, and you get, I think, about $37 million of funding this past year. We issued a letter to your audit committee. You actually are the only county I have that has an audit committee, and that was established by the clerk a year ago. It's made up of members of each Page 89 June 6-7, 2006 of the constitutional officers as well as Mr. Mudd and people from the clerk's office and internal audit. We issue separate financial statements on each of the constitutional officers as well as on the water and sewer system. The audit went well. Crystal and her staff were very cooperative. The people at each of the constitutional officers were very cooperative. Mr. Mudd takes a very active role in the audit comparison, as well as my other county managers, and I appreciate that. He's always made it known that he wants thing done right, and if there's an issue, tell him and he's going to get it fixed, so we appreciate that level of involvement. The financial statements are broken down into a lot of -- yes. COMMISSIONER FIALA: Can I just bother you for one question? MR. JONES: You may. COMMISSIONER FIALA: Right in the beginning you said qualified and unqualified, and I don't really understand what that means. What's the difference? MR. JONES: Okay. Unqualified means that there are no "except for" or "subject to" or those types of things that basically say that there's a contingency or something out there. Unqualified -- qualified is where we'd say that the financial statements are presented except we don't believe management has accrued enough for self-insurance. COMMISSIONER FIALA: Okay. So unqualified is a good thing? MR. JONES: Is good. COMMISSIONER FIALA: Okay, thank you. MR. JONES: It's the best, so -- yes. COMMISSIONER FIALA: Thank you. MR. JONES: It's a good question though because the word clean usually makes more sense to people than unqualified, but -- and I didn't use that word, but it's a good question. Page 90 June 6-7, 2006 COMMISSIONER FIALA: Thank you. MR. JONES: The financial statements are broken down. And as we audit, we audit according to the concept of major funds. Major funds have to satisfy certain criteria, and it goes back to the theory that 80 percent of the county's activities may be represented by 20 percent of the funds, that type of thing. But we have six major funds that we audit within the financial statements of the county. Audit to such a level of detail that supposedly we could issue a separate stand-alone opinion on those if we needed to. We also audit all the aggregate financial data that remains from other funds as one number in total. You also include in your financial component -- financial statements component units, being the health facilities authority, the housing finance authority, the industrial development authority and the educational facilities authority. These are the only component units that we identified that were financially and control-wise linked to the county. Their activity was very small in the past year. The next two pages, pages 3 and 4, I think, are really the best pages you can look at if you really want to get a snapshot about your county government. And page 3 is a statement in net assets, and that's basically what any person would look at, say, that's my balance sheet, that shows basically what I own, what lowe, and what is left, what is my equity in these numbers. And I've summarized the major captions here. And we've put over on the right comparative totals, but I'll cover some of the larger numbers. Cash investments, 833 million. A significant part of the county's operations. Some of that is reserve, some of that -- almost $250 million of that is unspent bond proceeds related to capital improvement bonds and gas tax bonds that were issued during the year, but the projects that they were financing weren't expended Page 91 June 6-7, 2006 before the end of the year. The other significant asset is your capital assets, which is up to about 1.5 billion. That includes all your roads, bridges, those types of things. It includes essentially all your infrastructure as well as all the county buildings, the land, equipment, those types of things. You've been very active in capital expenditures over the last few years, and I'll show you that on another slide. But right now you have construction and progress of almost 427 million, and that represents a number of projects that are going on. Those are both in the utilities and in the regular county government. There's been significant acquisitions of land the past two years, mostly related to your Conservation Collier program, but that -- which I commend you on. It's very important. But that is reflected in your capital asset number. The liabilities that you own principally are composed of payables. Your typical payables, unearned revenues and our long-term debt. The payables are up about $30 million from last year, from 48 million to 74 million. Again, most of that is related to expenditures on construction projects. Again, you've been very active in capital expenditures. Unearned revenues, essentially your impact fees. Collier County has a policy that allows that if the impact fees are not spent within a seven-year period of time, that the developer can request a refund of the unspent monies. You are generally spending those impact fees, but because there is that refund provision, they are deferred in your financial statements and not recognized until you incur the expense. Most other counties already are including this as a fund balance. I think Lee County and Collier County are the only two that I have that defer them because of the provisions they have. But that represents a future financial resource, 139 million, which is substantial. And that is up, and we'll see not only did we spend more money Page 92 June 6-7, 2006 out of impacts this year, but the collections that were taken in were growing faster than the expenditures because there's so much development taking place in the county. Your long-term debt has been going up. You can see that last year it was about 409 million. This year it's 678 million. Again, principally related to the two bond issues I mentioned, the capital improvement bond and the gas tax bonds. As the person before me mentioned, you did issue some commercial paper on your water and sewer systems this year to finance some of those expenditures, and that was 27 million. The important numbers to look at down here are your net assets, and that's essentially what you're worth. And we divided it into three different components. One is, we take all of your fixed assets, capital assets, infrastructure, and we subtract the debt used to acquire those items to come up with what we call invested in capital assets and that of related debt. That's roughly a billion dollars. That includes infrastructure. It also is after depreciation expenses have been included in that calculation. Our restricted are those amounts that have been essentially set aside because of, more than anything, your bond covenants that say that certain amounts have to be set aside for debt service. And your unrestricted, which is up to $382 million this year. About a $30 million, 9 percent increase over last year. The bulk of that was in the governmental activities, which was up about -- I think about $25 million, and the rest was in the business type activities. And I'll go over -- I have some slides over -- I want to go -- but I think your fund balance is healthy. I don't think it's too high. I don't think it's too low, and I'll show you how I think you've really done a good job maintaining that fund balance at an adequate level. The second page here, page 4, I think, is the other very important statement that I would focus on, because this one page shows you Page 93 June 6-7, 2006 what the county did this past year. It shows all the different governmental as well as business type activities, it shows how much the cost was to carry out those activities, and how those activities were paid for, be it charges for services, operating grants and contributions and capital grants and contributions. And obviously the bottom part, the business type activities, those are designed to essentially have their costs covered by fees, which they are. The only one that really isn't is the emergency medical services, and there the county historically has been transferring. I think this past year was about $11 million from the general fund to support the EMS activities. The governmental activities up above are not designed to make a profit. I mean, that's what people pay property taxes for and that's what some of your other taxes are for, and those are identified down here on the bottom. Property taxes this year were $237 million compared to 213 million last year, combination of growth as well as the 11 percent increase in the carrying value of -- the assessed value, rather, of your properties. But the 237 million is enough by itself to cover your governmental activities net cost, which this year was $204 million. That was almost identical to the cost last year of $203 million. There's some reasons why this year is comparable. One of the biggest reasons was because of the Article V requirements on the court operations. There's about $12 million more revenue now that's flowing into the county because of that that wasn't coming in before, so that obviously has allowed you to cover more costs from sources other than taxes. And then also in the transportation area, you had increased FT A grants and impact fees that offset those costs. But this essentially gives you a snapshot of all the governmental activities this year, and I think it's a good slide as far as trying to understand how government works, and if you can ever understand how government works. And Page 94 June 6-7, 2006 it's, you know, simplest forms. On the next page, I want to talk a little bit about your fund balance. You can see that your fund balance this year grew up to $59 million from $53 million the year before. The important thing though, there's a measure of, how is your fund balance compared to your expenditures and your net transfers out? Because essentially you want to have reserves on hand to support, number one, the fact that you usually don't get much tax collection for the first 60 days of the year. You want to have the ability to manage things like Wilma, which, you know, had about $40 million of debris pick-up which is not reflected in these financial statements, but as the county, you had to react, and you didn't want to be strapped like New Orleans was in trying to meet the needs of the citizens to recover from such an event. But we looked at a percentage. And generally the GFY (sic) way recommends a 5 to 15 percent range. What we usually see in Florida counties is probably a 10 to 25 percent range, and you're at 21.8 percent this year, which was almost exactly the same as last year. In fact, going back, other than a dip down in 2001 and 2002, going back to 2000/1999, you were about 21 percent those years too, so you've maintained your fund balance proportionately equal to the growth in the operations of the county. So I think that's a good sign, because you can do a couple things. You can use that -- you're using money to buy roads, you're not borrowing all the money to pay for some of these needs. At the same time, you're not dipping into your fund balance to pay for it. You've got a wise balance of user fees, debt, and reserves to cover the cost of the growth that's taking place in this county. CHAIRMAN HALAS: Do you have time for a question? MR. JONES: I do. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: In order to maintain a double A Page 95 June 6-7, 2006 rating, what's the recommendations to keep in reserves? MR. JONES: I don't know the answer to that. I think it's a little -- a lot more than just reserves, but I do not know the answer to that. COMMISSIONER HENNING: Okay. MR. JONES: I would think that you are in the favorable light as far as that. Because I get to look at a lot of governments from around the country, and when you look at some of the governments up in the northeast and stuff, they're suffering. New Orleans, for instance, had only a $20 million fund balance before Hurricane Rita hit them, which is amazing -- or Katrina, rather. They had no ability to react, and that's why the city is in the -- having the problems they've had. I mean, you know, they tried to spend everything that they got on what they thought were immediate needs. But I believe your county is in an excellent position on that. I don't know, if you had more fund balance, if it would make any difference in your bond ratings or less. I don't know how far you could go down before it would have an impact. But I think it's a healthy fund balance, and you've maintained it status quo for a number of years. COMMISSIONER HENNING: Thank you. MR. MUDD: Commissioner, this slide in 2006 -- and I hate to project next year. But in the 2006 budget, we moved $14.1 million in the transportation smoothing fund down into transportation, and that brought them to $38 million. So if you take a look at that 58 -- now it will go up little bit, but subtract 14 from it, and it kind of tells you where you sit. So I want to make sure that you understand that. It was rising up because you were also putting money into the smoothing curve for transportation in that particular case over a series of years, so I just want to make sure that you know. MR. JONES: Good point. On page 6, we show some of your other fund balance. And these Page 96 June 6-7, 2006 are essentially special revenues -- revenue that's been earmarked for specific purposes; in other words, you just can't spend it for general government needs. The debt service same thing. And capital projects, likewise, is money that's earmarked solely for capital projects. The big growth in the capital projects funds is the unspent bond proceeds. So you see that red bar, and you've got twice as much as you had before. Again, that was those two bond issues that were issued this year, capital improvement bonds and the gas tax bonds. They were funding a number of projects, and those monies are sitting in there. The special revenue fund also went up. Basically there's a whole bunch of different special revenue funds, but the biggest ones in there is you've got an $18 million fund balance for community development, $25 million for your Conservation Collier, and $29 million for tourist development, so those are the three major funds within that composition. On page 7 I've just graphed it out, a comparison of your revenue sources for the last five years. And on page 8, there was a little pie chart that shows that. But again, looking at this, there's a couple that stand out. Again, the taxes, most of that is property taxes; probably 237 million of that 268 million is taxes. That's where most of the growth went. Licenses and permits were up to $21 million. You can just see two years ago they were 13 million. That's a combination of two things; one, there's a lot of growth in the county, but also with Hurricane Charley going through, there was a lot of permits taken out for reconstruction and those types of things, which added to that revenue. Charges for services. I've mentioned that includes new revenue from the Article V provision that flows back to the county. Page 97 June 6-7, 2006 Impact fees. Again, that is a function of your expenditures because you spend it and then you recognize it, so you had a lot more expenditures of those money. At the same time, the collections come in, were coming in even quicker than the expenditures. And then interest income has obviously gone up. Rates are rebounding at the same time. The cost of new debt is going up, too. So they kind of go in tandem. As I mentioned, page 8 essentially shows you the sources. And, again, taxes were 55 percent of your total revenue base in the current year. Page 9 is the same for expenditures. And unlike any other county, your biggest expenditure is on capital outlay. This year was $174 million. That's a very large percentage of your budget, but you've got definitely the needs here. The growth is incredible. You know, the infrastructure that you're putting in place. I don't live here. My father-in-law used to live here before he passed away. But I think Collier has always been proactive in trying to meet the needs of what's going on. And obviously to spend that much in capital outlet, you need to do that. Your largest single expenditure is public safety, and that's 27 percent of all of your expenses. If we went back to that earlier chart where we excluded capital outlay and we included appreciation, public safety is probably 40 percent of your government expenditures. Page 10 is a pie chart. Again, there was really no change in your public safety or general government categories compared to the prior year. And, again, the largest is capital outlay at 34 percent. Pages 11 and 12 are basically summarizing the -- your debt position over the last five years, and there's been a lot of growth. And, again, you've been financing a lot of your capital outlay with some of your revenues, but you also have to borrow money to meet those needs, and future revenues will pay the debt back on that. But you can see that our outstanding debt at the end of the year Page 98 June 6-7, 2006 was 510 million. Again, quite a bit of that was sitting in a bank account at the end of the year, but, again, that's the unspent bond proceeds and -- well, those two new bond issues. Last year reflected a significant increase too. And remember, you had about 50 million in bonds, capital improvement bonds, for the jail complex and things like that. The water and sewer debt. The biggest increase this year was commercial paper, the $27 million, and then about $12 million in additional borrows on your state revolving loans, which is the notes payable. And as the previously presenter showed, there's going to be quite a lot of capital expenditures that have to go on in the next few years. In fact, as I'll show you later, the cost of your construction expansion and upgrading of your system is more than your operating costs of your system. That's how much the demand is on your capacity. On page 13 is just a summary of the revenues and expenses. The 73 million revenue, again, increased usage and some increased rates. Fifty-nine million dollars was your cost. That did not go up near as much as the revenues did. Again, as he mentioned in his previous presentation, your unused capacity can be very expensive. So as you grow your system and you've got more users, it cuts down your fixed cost as a proportion. On page 14 we reflect just some of the cash flows. And, again, this linked -- by the way, I'm an accountant, but I did appreciate the PRM presentation before. He did a good job, I think, of explaining the rates and stuff. So that fits into a lot of this. But, again, you want your operations to generate cash flow to service your debt to help pay for those expenditures that are not covered by debt or impact fees. And so you can see, we have $32 million of cash from operations. We have $23 million of system development charges, and Page 99 June 6-7, 2006 at the same time, we expended $73 million on capital expenditures and $11 million in debt. So the difference came from the $40 million of additional debt we had this year, including the 27 million commercial paper. Just a couple more slides. Page 15 is just a summary of your cash and investments. There's a lot of regulations that cover how you invest your money, some that have been established locally, some by the state. If you look at the notes in the financial statements, the disclosures on cash investments change considerably this year. It's actually a very detailed presentation, and it gives you a lot more information than you had in prior year financial statements. But essentially this is a summary of where we had most of our investments at the end of the year. The single audit also received unqualified or clean opinions. These are the different programs that we look at. We use a risk-based approach to our programs. In other words, if we've audited it one year, we may skip it the next year, unless it's very major. Like state revolving loan, we usually look at that every year because they also have a closeout requirement, so at points in time they're going to have us look at it. But major federal programs, look at six, and they represented a total of $25 million. Next year this will change considerable because of the FEMA on Wilma. That will definitely be a major program, which comes under your Homeland Security grant, and that was money that we looked at last year particularly, and then some this year. And then the major state programs, we also looked at six, and you get $11 million total funding out of the state. The largest was your Golden Gate Parkway widening overpass project, which was about $5 million. And then on page 17, I've talked about the first three items. The Page 100 June 6-7, 2006 only other item out there is -- and I'm not sure if your staff has advised you on this, but there is a new accounting pronouncement that will require municipalities to reflect the liability for their unfunded what they call OPEB, other post employment benefits, and this is -- I think it's 2007, Crystal, or 8? MS. KINZEL: Eight for us, I think. MR. JONES: Eight, that it has to be implemented. But essentially under Florida law and under county policy, people that retire from the county do have their insurance, health insurance, subsidized by the count as a retired employer -- employee. The amount of that subsidy -- and there's two type of subsidies. There's a direct where you can say, well, the premium cost is X. We're going to pay you -- cover 50 percent. The other is, if you let them pay 100 percent of what the employees are paying here, they're still what they call an implied subsidy, because if these people were in their own group of retired people, their cost would be significantly higher. But there will have to be an actuarial count -- calculation done of what that liability is. And the county will have a choice of how they can fund it or do pay as you go, which is what you've been doing. But that is going to be an impact. And I think most people are now in the process of engaging actuaries to calculate what that cost will be to their government and how they want to address it. But that's the only thing major on the horizon. Again, the audit went good. You've got excellent people to work with, and I'd be happy to respond to any questions. CHAIRMAN HALAS: Yes. Commissioner Henning has a question for you, sir. COMMISSIONER HENNING: Several. Can we get a copy of this, the disk, on a disk, your presentation? MR. JONES: Sure. In fact I -- we have it on a disk, so Derek can give that to you, yes. Page 101 June 6-7, 2006 COMMISSIONER HENNING: Thank you. Very interesting. Page 7, the different graphs, I don't think they're tracking the same way as the figures is -- I'm assuming that's because of the scale of the parameters that were put in. MR. JONES: That could be. I -- they should be. Do you see one that looks -- COMMISSIONER HENNING: Well, if you look for -- charges for service is 2001 to 2005, they more than double. MR. JONES: Right. COMMISSIONER HENNING: So is it just my eyes on the graph? MR. JONES: I don't know. It's hard to tell. I mean, I look at it and I can see where the red bar might be almost double the green bar. But yeah, I could just be -- the formulas are supposed to be right, but COMMISSIONER HENNING: Yes. MR. JONES: Yep. COMMISSIONER HENNING: The other thing, the constitutional officers -- I think I get this right -- is you're saying that you're not -- you haven't audited them. You just included those figures? MR. JONES: We do a separate audit. We actually treat each of them as their own client. COMMISSIONER HENNING: Okay. MR. JONES: We meet with them at the beginning of the audit, we go out there, we issue our stand-alone financial statements, which is actually in a separate document that includes all of those. We have exit conferences with them, and we usually try to get those all done in December so they can -- that information can be flowed into the CAFR. But we do a separate stand-alone audit. And because of the nature of their offices and the relationships, we try to treat them each as their own client and try to give them their own Page 102 June 6-7, 2006 separate service. COMMISSIONER HENNING: Okay. The -- you give us certain things to correct within the audit -- MR. JONES: Yes, management letter. COMMISSIONER HENNING: -- within your report. Are you saying that the constitutional officers did everything correct and -- MR. JONES: I believe there was -- and correct me, Crystal. I believe we had one or two management letter comments within the constitutional officers that are not included in this letter. MS. KINZEL: Separate letter. MR. JONES: Yeah. They get a separate management letter also. So they're -- what they are doing is not in this, but they do get a letter, and it seems to me there's a couple comments, but I don't recall-- COMMISSIONER HENNING: Can we get those? MR. JONES: Yeah. Again, they should be in the thick copy of the -- COMMISSIONER HENNING: Oh, it is in here, okay. MR. JONES: Yes. COMMISSIONER HENNING: Did you look at the fire impact fees and make sure they're allocated to their proper district? Did you go into that type of detail? MR. JONES: I can't remember. We did have a comment on an impact fee that wasn't allocated appropriately that they corrected, and I can't remember if that was fire or not. MR. MUDD: Transportation. MR. JONES: Transportation. MR. MUDD: Road impact fees. COMMISSIONER HENNING: Right, it was transportation. MR. JONES: But we do look at that. It might be on a broad test basis, but we try to look at that, and we did select a test item that we found had been allocated to the improper district and then they corrected that. Page 103 June 6-7, 2006 COMMISSIONER HENNING: Okay. On your report talking about the housing, the SHIP funds, the home programs and stuff like that, am I getting this right? This wasn't corrected from the previous year? MR. JONES: Probably. I'm trying to -- COMMISSIONER HENNING: Okay. It's a -- let's see. On audit general, page 7 -- MR. MUDD: Yes, sir. COMMISSIONER HENNING: -- was a big one. MR. MUDD: We had a number of issues on home and SHIP, part of which was to develop policies and procedures. And we had done a lot of those. We're still working on updating some of the policies and procedures during this review. Some of the things were in -- we're working so that we couldn't get credit for having them done and completed, but we're working on those past year audit remarks, and that gives you a status of those particular issues on page 7 and page 8. MR. JONES: And I would echo what Mr. Mudd said. I believe those are all corrected now, but September 30th, some of them weren't or they may be in the process of being corrected. COMMISSIONER HENNING: I see. MR. JONES: Since it's a single audit as opposed to our traditional management letter, we have to report any findings within that 12-month period. We can't say, well, they fixed it. We can take it off. We're required to report them. COMMISSIONER HENNING: I see. So maybe in the -- in your next annual report, if you're so lucky to do it, we'll get a report on how this has been fixed? MR. JONES: Yes. COMMISSIONER HENNING: All right. I guess we'll wait till then, unless we want to get it earlier. Thank you. Page 104 June 6-7, 2006 CHAIRMAN HALAS: Are there any other questions from the commissioners? COMMISSIONER FIALA: Coletta has his light on. CHAIRMAN HALAS: That's for another issue. Do I hear amotion? COMMISSIONER HENNING: Motion to accept the auditor's report. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor, we have a second. Motion by Commissioner Henning and a second by Commissioner Fiala to accept the CAFR report. Hearing no further discussion, call for the vote. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much. MR. JONES: Thank you very much. CHAIRMAN HALAS: Okay. I believe Commissioner Coletta's got a request for the county manager. COMMISSIONER COYLE: Yes. What it is, we have two people that are here to -- dealing with the right-of-way issue for Santa Barbara and also Vanderbilt. I know that when we get back we have to go right into our land use items. I was wondering if we might make an estimate of what time this will come back to us so that they don't have to sit through three or four hours of meetings until we get to it. If we could give them an estimate on that, I think it would be wonderful. Page 105 June 6-7, 2006 I'm not asking for a time certain. I know at this -- MR. MUDD: These are -- and these are 10 -- these are item 10 items, correct? COMMISSIONER COLETTA: Well, this is item, excuse me, 10A and 16B3, which is EI0, 10E. MR. MUDD: Yes, sir. I would tell them not to be back before 11 -- or excuse me -- 3:30. COMMISSIONER COLETTA: Three-thirty. Thank you, sir. And when the time does come, I'm going to request that we hear the Santa Barbara issue first, and then go to the Vanderbilt Beach issue, change the order of it because of the timing of the issues coming forward. MR. MUDD: If that's what the board desires. COMMISSIONER COLETTA: Thank you for that. CHAIRMAN HALAS: We will take a one-hour break. I request that our commissioners and everybody else that's going to be here return at 12 :20 (sic). Thank you very much. MR. MUDD: At 1 :20. CHAIRMAN HALAS: Or 1 :20, excuse me. MR. MUDD: Yes, sir. CHAIRMAN HALAS: It's 12:20 now. It's going to be 1 :20. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager. Board of County Commissioners are back in session from our lunch break, and I'll let you direct us. Item #8H Page 106 June 6-7, 2006 PUDEX-2005-AR-8478: ROOKERY BAY BUSINESS PARK, LLC, REPRESENTED BY WAYNE ARNOLD, OF Q. GRADY MINOR AND ASSOCIATES, P. A. AND R. BRUCE ANDERSON, OF ROETZEL & ANDRESS, REQUESTING A TWO-YEAR EXTENSION TO THE ASGM BUSINESS CENTER OF NAPLES PUD FROM OCTOBER 8,2005 TO OCTOBER 8,2007. THE SUBJECT PROPERTY, CONSISTING OF 40.88 ACRES, IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY OF A MILE SOUTH OF MANATEE ROAD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA- CONTINUED TO JUNE 20~ 2006 BCC MEETING - APPROVED MR. MUDD: Commissioner, I believe that Commissioner Fiala in our opening -- in our opening comments today wanted to have a motion on item 7B, which is now 8H. COMMISSIONER FIALA: That I did. MR. MUDD: And this has to do with the continuation of the two-year extension request for ASGM Business Center. CHAIRMAN HALAS: Okay. MR. MUDD: And Commissioner, I think -- and we need a mo -- COMMISSIONER FIALA: Yes. I would like to make a motion that we continue it to the next meeting. MR. MUDD: Twenty June, yes, ma'am. CHAIRMAN HALAS: Okay. Do I have a second on that? COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: All right. Motion by Commissioner Fiala to continue 8H, which was 7B originally, to be continued to June 20th, and a second by Commissioner -- COMMISSIONER COLETTA: Coletta. CHAIRMAN HALAS: -- Coletta. If there's no further discussion, I'll call the question. Page 107 June 6-7, 2006 All those in favor of this motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN HALAS: Those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. COMMISSIONER FIALA: Thank you, Mr. Mudd. MR. MUDD: Yes, ma'am. Item #8C ORDINANCE 2006-28: PUDZ-2005-AR-8126: ROCK CREEK HOLDINGS, LLC, REPRESENTED BY R. BRUCE ANDERSON, OF ROETZEL & ANDRESS, LPA AND BRUCE TYSON, OF WILSONMILLER, INC., REQUESTING A REZONE FROM THE C-4 (COMMERCIAL) AND RMF-6 (RESIDENTIAL) ZONING DISTRICTS TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF 120 MULTI-FAMILY RESIDENTIAL DWELLING UNITS, TO INCLUDE A MAXIMUM OF 24 OR 20 PERCENT OF THE TOTAL DWELLING UNITS AS WORKFORCE HOUSING UNITS FOR A PROJECT KNOWN AS MERIDIAN VILLAGE RPUD. THE SUBJECT PROPERTY, CONSISTING OF 11.68 ACRES, IS LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULA TIONS Page 108 June 6-7, 2006 The next item on our agenda is 8C. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2005-AR-8126, Rock Creek Holdings, LLC, represented by R. Bruce Anderson, of Roetzel & Andress, LP A, and Bruce Tyson of Wilson Miller, Inc., requesting a rezone from the C4 commercial in an RMF -6 residential zoning districts to the residential planned unit development, RPUD, zoning districts, to allow development of 120 multifamily residential dwelling units to include a maximum of 24, or 20 percent, of the total dwelling units -- it's easy for you to say. Let's say that one more time -- to include a maximum of 24, or 20 percent of the total dwelling units as workforce housing units for a project known as Meridian Village RPUD. The subject property consisting of 11.68 acres is located on the northwest corner of the intersection of Airport-Pulling Road and Estey Avenue in Section 2, Township 50 south, Range 25 east, Collier County, Florida. CHAIRMAN HALAS: Okay. At this time would everyone that's going to testify in this land development case please rise to be sworn In. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. At this time would the-- Commissioner Coy Ie, would you -- do you have any ex parte on this particular item? COMMISSIONER COYLE: Yes, I do, Mr. Chair. I have had a meeting with representatives of the petitioner, and that is all that I have in my file. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. On 8C I've met with Bruce Anderson on 6/5, a letter from Michael Metcalf on 4/28, and phone Page 109 June 6-7, 2006 call to the same. CHAIRMAN HALAS: Okay. I, myself, have had -- met with the petitioner, had some emails on this item, and they're all in my folder. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've met with Bruce Anderson also. I've met with staff and -- with our transportation staff as well as some people down in community development, talked to people as they came through my office, preparation meetings for this meeting, and I think I've even talked to the county attorney a little bit. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: I talked to some residents at Rock Creek R V Campground, and I've received some emails, correspondence on this, and that's it, Commissioner. CHAIRMAN HALAS: Okay. Thank you very much. MR. TYSON: Good afternoon, Commissioners. My name is Bruce Tyson. I'm a Certified Planner and Landscape Architect with WilsonMiller in Naples. With me today is our attorney, Bruce Anderson, of Roetzel & Andress, and we are representing Rock Creek Holdings, the owners of the property that is the subject of this petition, their principal and managing partner here today, Rogers Wells and Mike Metcalf, and also in attendance from WilsonMiller is Jeff Perry, our lead transportation planner. Probably the easiest way to do this is for me to point to this graphic that's up on the wall for everybody to see. MR. MUDD: If you grab this right here, maybe you won't-- hang on. This one. See it? MR. TYSON: All right. I have a relatively large graphic here that -- and the importance of this is to demonstrate the proximity of this location. Rock Creek, the property is right here. Meridian Village, I should Page 110 June 6-7, 2006 say. And this is Airport Road, which heads in a north/south direction, of course. Davis Boulevard, which is right there. You have Shadowlawn which continues down to 41, comes back up to Estey and crosses Estey right there at that location. Radio Road, which is right here, runs east/west, and, of course, the airport is located on the graphic here to the west of Airport Road. The proj ect is bounded to the north by Rock Creek and the Rock Creek R V resort, and then to the east of it is the -- is commercial uses, basically. It's a Shell station and convenience store. They are C-4 uses. To the south by Estey Avenue and commercial uses, that's -- it's a used car sales location, as -- and the Salvation Army PUD, and to the west by single-family and multifamily dwellings. What's important is, when you look at this graphic, is to recognize that on the top, and right there, is where our transportation and community development services are located, and, of course, we are right here, the other hub of the major activity and employment centers of Collier County government. COMMISSIONER FIALA: And also the industrial center is a large employment center, right? MR. TYSON: Well, we have a significant -- well, I'm going to look at that as being more low density, but absolutely. It's the industrial park, the Arnold Industrial Park, which is right here. Comprises a lot of land relatively low density. But at the same time from pure intensity standpoint, we have the main uses from the county. That's a good point, thank you. The other thing that's unique about this property is that at the corner of Estey and Airport, right here in this location, is the CAT transfer station. Now, it -- for one person who typically doesn't use that service, at the same time I was very pleased to see that there's now nine bus routes, and they all converge at that one location throughout the day Page 111 June 6-7, 2006 and then take on different routes, so that's the transfer point. And this project is literally diagonal across the intersection from that point. This section of the county is fully served with sidewalks. It is approximately three-quarters of a mile to the Shadowlawn Elementary School. It's about a quarter mile to the Lorenzo Walker Institute of Technology, and it's about a half mile to the East Naples Middle School. It's also about a mile -- or excuse me -- about a half mile to three-quarters of a mile to two places of worship that are down on Shadowlawn. It's also a very easy walk to many convenient shops, food outlets and drugstores. Simply stated, it's an excellent residential infill property with an exceptional location. This is -- the total property, as indicated before, is 11.68 acres; 4.89 of those acres are in a C-4 district, which is out adjacent to Airport Road, it's right there. The balance of it, or 6.7 acres, is RMF-6, and that's on the western portion of the property. The petition request and overall unit count of 120 multifamily residential dwelling units has been found to be consistent with the Growth Management Plan by county staff. This unit count is derived by using the conversion of commercial zoning to residential zoning at the rate of 16 units per acre, or 80 acres, and by adding the 6.7 acres of RMF -6 land at six units per acre, or 40 acres. The 120 units will create an overall density of 10.27 units per acre. Let's put that up there. There's a -- another way of possibly looking at the density that you may want to consider, and at the -- again, the total project is 11.68 acres. The entire project, if you were to look at it with an RMF -6, would generate 70 units. Weare requesting or we're going to place -- we're not even requesting, we're going to do it -- a number of affordable units at 24. In order to make those affordable units work, we're looking for 26 additional units. The project will have a 20 percent affordable housing Page 112 June 6-7, 2006 component, which is comprised of 15 percent of workforce housing at the 80 percent of median income, and 5 percent of gap housing at 150 percent of the median income. The proj ect is not requesting a housing affordable -- or affordable housing bonus. The applicant only is -- has requested the expedited staff review process for the project. The affordable housing units will be embedded within the market rate multifamily structures. The fact that 20 percent of the units will be affordable and given the project's unique location with regard to employment centers -- thank you -- and close to the employment centers, schools, transportation networks and convenience shopping is exactly what's needed in this location. Interestingly, in the April 24, 2006 edition of the Naples Daily News, in one of their Paradise, What It Costs articles, one of the more interesting statistics that was highlighted was a chart that indicated the major employers in the health care system, the government system, as well as the fire district, were looking for 841 places to dwell, so a significant number. And while 24 is a relatively small number of that, given its location, it's really important that we consider that at this point. But aside from that, I don't think there's a firm or an agency in Collier County that has -- that really hasn't felt the effect of the high cost of local housing. The concept for the project will be to have the perimeter vehicular system. The perimeter vehicular system will wrap around the project and will have the housing units within a building zone that will be toward the center of the proj ect. , There's a very small quantity of wetlands, very difficult to pick up on this because of the graphic. It's only about -- it's a little less than a quarter of an acre, that is associated with Rock Creek, which is a tidal stream to the north, and that is going to remain completely. We Page 113 June 6-7, 2006 will not touch that during the development. The other part of it is that because there are a number of pine trees -- I'm sure that you've recognized that in driving by the property, there's a relatively high number or high quantity of land that is in the native vegetation category, and 2.19 acres of that native preserve is demonstrated in this area right there. Access to the property will be from Estey Avenue about as close as we can -- or as far away, I should say, as we can get it from the intersection of Airport Road. And, of course, the water management lakes, the idea is to havethe dwellings surround those so that the people have pleasant views into a water management lake. The idea will be to have a gate for the community, and within the community we will provide sidewalks, and there will be a connection made to the public sidewalk system on Estey Avenue. I indicated, I think, somewhere in the presentation so far that there are a number of sidewalks, all the major arterials here have sidewalks on both sides of the street, so we will want to do as much as we possibly can to continue that and make everybody -- or have the opportunity for everybody to walk out to those streets and use them. At the neighborhood information meeting that was conducted in accordance with the policies, we received a fair amount of feedback from the participants, and since that point, both of the principals who are tied to the project, Mike Metcalf and Rogers Wells, has spent times with those residents whose homes abut the property, and they were just to answer questions and to further explain anything that was going to happen. At the CCPC hearing, well, we had a few speakers expressing concerns about traffic, and the executive director of the Naples Airport Authority expressed concern about the project's location in regard to the airport. At that hearing we stated that any and all work for the site would comply with the county and the FAA's regulations. And Mr. Soliday Page 114 June 6-7, 2006 was there, and he asked that the developer kind of go beyond these regulations. He requested that in addition to what is stated in the LDC that, in fact, we sign an avigation easement and that, as well, have information placed in the condominium documents that would express the statement of how close this project was to the airport and, in addition, would want the people who were reading those documents, better known as the purchasers of the property, to acknowledge and send back a note or letter to the airport indicating, in fact, that they had read the documents. Our client has agreed with the Naples Airport Authority and requests, in the request for the easement and noticing, and that is basically upon approval of the PUD, they will sign an avigation easement, and once the condominium documents have been created, in fact, there will be a component in there, as stated -- and I believe it's in section 5.11 of the PUD, you can actually read the language and the specifics of what was going in there. Anyway, all of those things will take place. From the standpoint of the airport, we received some information at that time which was referred to as the future non-precision approach zone. And what I want to do is just take a little bit of time to explain some of these things because it's somewhat important to recognize the position of this property as it relates to the airport. There's three lines that you'll notice here that come diagonally back from the airport. And if you'll recall, the airport, of course, was immediately to the northwest of this property. Where the arrow is right now is the center line of the runway. That point happens to be -- that center line happens to be about 440 feet from the closest residential -- the likely point of the closest residential structure. The next line in is the current line for the approach safety zone, and the line to the outside is a proposed line for a safety zone, which I'll refer to as the runway protection district or runway protection Page 115 June 6-7, 2006 zone. I've learned a lot about airports here recently. Anyway, within the -- the other thing, of course, that's important to recognize is that within the rules and regulations of the county, we have noise barriers and noise zones that say if, in fact, you fit within one of these noise zones that come from the airport, that in fact you will need to notify everybody on the property that you are within one of these noise contours. Well, this little point right down here on the very far tip, far northern -- northeast corner, there's about .04 acres of this project that fits within the outer zone or the furthest LDN zone, is what it's referred to, and that's about less than one half of 1 percent of the total proj ect. Because of that, we will notify everybody . We will soundproof buildings as required by the rules. And from that standpoint, everyone will have been, in fact, notified as to what is occurring. Now, significant to the project is that within -- and I'm just going to refer to the proposed line, because we feel that at some point in time that proposed line will, in fact, become rule. If I worked with this line, it would be -- you know, it would be just argumentative as to how soon something else is going to happen. So let's just work with this outer line. We have about 1.67 acres of the project that's within that. Of that, approximately -- little over an acre is in the preserve. And only about half an acre, little over half an acre, .53 acres, fits within this triangle, which is the development zone. We attempted with this plan to show that with the setbacks, with the parking, with the circulation, where the edge of the building area would likely be, and in this slightly darker zone is where the residential structures are likely to appear. Again, the little corner that is -- potentially may not even have a building, but at the same time is within what we consider to be our future development zone, is -- again, it's only .04 acres, a very, very Page 116 June 6-7, 2006 small portion of the project. Putting that whole thing into perspective, the overlay covers about 9 percent of the land designated for development on the master plan. As I indicated before -- and this is -- recognize, too, that this runway is strictly in a visual runway. It's not an instrument landing, so the only time they use it is when you can actually see what the pilots can. So that 440 feet would be quite a wing span, and we don't expect anybody to be in the area, even though it is a protection zone, recognize that it's -- it's going to be pretty far away from where the airplanes would be in relation to where that protection district is. And then secondly, the point -- this point of the building zone right here is about 1,385 feet from the end of the runway, which is back in this direction to the airport. So we've done all the technical knowledge that we'd have to look at to understand what the impacts would likely be on the project, and we feel that we've got a very good understanding. And if you look at the way in which we've designed the project with most of the runway protection zone in preserve, we've done everything we can to minimize the impacts that would occur to any residential structures because of the way in which the airport runway protection districts are established. Within the PUD itself we have other commitments. We did a traffic impact statement, of course, that was prepared, and the county determined that there were no adverse impacts that were associated with that. We have agreed that at the corner of Estey and Airport, that we will add an additional left-turn lane, so we're going to have two turn lanes right now. One of the fascinating things is that we have a left-turn lane but no dedicated signal for that. So people have to wait for traffic coming from westbound Estey to cross over before they can Page 11 7 June 6-7, 2006 take a left and go and use Airport Road. So we will create a double left with an express arrow for the turn, so that should help to alleviate any kind of situation that exists with a backup. From the environmental standpoint, there are no jurisdictional wetlands that are going to be altered on the property, no listed species were found on the property, and because of that, we did not have to go to the EAC. There were no specific engineering issues from the engineering team. And one of the things we did learn from the -- and worked with the residents along Steeves Avenue was we recognized that the __ there's single-family buildings. And as you can look at the plan and recognize where we're likely to put these structures, we've indicated there to be a minimum of a 50-foot setback from Steeves to any of the buildings in the proj ect. This representation of the building is a -- it's a 15-unit building, three stories. To the top of the roof, a maximum of 45 feet. This is the same graphic that was shown to the neighborhood at the neighborhood information meeting as well as to the Planning Commission. And obviously there's some like tweaks that will need to be done. We don't have an architect that's been -- that has been signed up on the project as yet, as we're still in a very conceptual stage. But nonetheless, that's a close graphic representation of what you can expect to see on the property. And, of course, once the SDP gets done and the building elevations are done, those will be shared. During the elevation -- or the evaluation process of the project, we assessed various components of this project that would have an impact or an effect on the type of development suggested for the land. One of the most significant items that always is found in there deals with transportation and the roadway system, and I would like to have Jeff Perry describe some of the various scenarios that we considered Page 118 June 6-7, 2006 and the overall condition of the roadway system in the vicinity of the project. Jeff? MR. PERRY: Good afternoon. For the record, my name is Jeff Perry. I'm a transportation planner with WilsonMiller. As Bruce indicated, the site is currently zoned RMF -6 and C-4, as such about the five acres of the C-4 commercial zoning would accommodate a certain amount of commercial development. As we looked at this type of development potential, we tried to judge whether or not we would have all retail or a mix of retail and office. We're able to sort of generate some what-if scenarios if we developed it as a mix of commercial in conjunction with the 70 multifamily dwelling units that would be permitted on the -- excuse me -- with 40 multifamily dwelling units that would be permitted on the approved existing multifamily zoning. We looked at two different scenarios, specifically one that provided for -- one that provided for two-thirds retail and one-third office use of the commercial development, about 33,000 square feet of retail, and 17,000 square feet of general office building, plus the 40 dwelling units, generating approximately 3,785 daily trips and about 355 during the peak hour. A little worst-case scenario would be developing the entire site as retail, 50,000 square feet of retail and 40 dwelling units on the multifamily portion for 4,600 daily and 424 during the peak hour. The important thing to note here is that if converted entirely to residential, 120 residential units, instead of 4,600 daily trips, we're talking about 749 daily trips. And instead of 424 during the peak hour, we're talking about 70 during the peak hour. So it's a substantial reduction in the future traffic impact depending on how the project is ultimately developed. Obviously, there could be other mixes of commercial office. But generally speaking, that's sort of the worst- and least-case scenarios for the commercial development. Page 119 June 6-7, 2006 The other important thing to note here is that Airport Road, Davis Boulevard, are currently operating at acceptable levels of service; operating at level of service C. The intersection at Estey Avenue and Airport Road is also operating at an acceptable level of service; level of service C. Our buildout year, the point at which we expect to be completed, or near completed, would be 2008. When we analyze that both with and without the project traffic that we're proposing, without project traffic, the roads and intersections continue to operate at acceptable levels of service. And with improvements that have -- the transportation department has asked us to make, would continue to -- the intersection would also continue to operate at an acceptable level of service C. As Bruce indicated, the important improvement that we're talking about here is the extension or addition of an additional eastbound left-turn lane. The existing single left-turn lane stretches all the way back from Airport Road westward all the way to Steeves Avenue. By adding an additional left-turn lane, we're able to, in essence, cut in half the queue length. You're able to store the same amount of cars in half the linear distance back from Estey because there are now two rows -- two lines of cars. This does two things. Number one, it pulls that queue or that length of stacking cars away from our entrance road so that our project and people trying to get in and out of Steeves Avenue, as well as people trying to get in and out of our entrance road would be less likely to encounter cars waiting in line on Estey Avenue at the traffic signal. Another more important factor is that dual left-turn lanes will allow the traffic signal to operate more efficiently . You get twice as many cars, twice as much through-put, if you will, twice as many cars going through the cycle of the green time for the left-turn lane. So Page 120 June 6-7, 2006 that's a very important improvement that we're proposing to make. So as I said, with project traffic in the buildout year as we're proposing to be constructed, all of the level of service standards would be met. We believe that this is entirely, from a traffic standpoint, you can't ask for really a better solution to development of this particular parcel, developing a site like this with about 16 percent of the traffic that could otherwise be there if it was developed as commercial and multifamily together. If you have any questions, I'll be glad to try to answer them. CHAIRMAN HALAS: Commissioner Fiala has some questions. COMMISSIONER FIALA: Yeah. I just had one. First of all, let me tell you I think this is a wonderful project and I plan on voting for it, so let me just say that up front. I just have a couple little questions though, and, Bruce, you might answer one. And one of the things -- but first, Jeff, one of the things they said was, it's going to be difficult for them to get -- this is -- it's entirely workforce in that area. You've got a lot of affordable rentals there and the rest of them are workforce housing. So that means, you don't have retirees, you have people going to work in the morning and coming home at night. And I had -- I had been -- it had been suggested that possibly it was going to be difficult for these people to get out but they can't use this Steeves Road, I think that's what it's called, Steeves Road. MR. PERRY: Right. COMMISSIONER FIALA: Is there -- will this left-turn lane -- I know it will improve it, but will they still have difficulty getting out of there? MR. PERRY: There will be a lot less difficulty getting out with the dual left-turn lanes. There may be, at certain moments of the peak hour of the day when those two turn lanes are fully loaded, waiting for the traffic signal to turn green, there may be points at which someone trying to get out of our site would not be able to do that, or if someone Page 121 June 6-7, 2006 trying to get into the site if they were heading eastbound on Estey Avenue, they would simply be in line waiting to reach the driveway. Coming from the west won't be any problem, won't be anybody able to turn into the driveway . We believe that the dual left-turn lane is a very important improvement for everyone in the neighborhood. It's not just for our -- for our residents that benefit by that particular improvement. They will be able to get out much easier. There perhaps will be times when they'll have to wait within their driveway on their property for an opening or a gap, let that queue empty out, and they'll be able to make their left turn towards the signal. COMMISSIONER FIALA: I really appreciate your honesty with that. And probably they'll know that when they buy there realizing they have to leave for work early or whatever, because it's not just going to be exit easy. Okay. The second question I had -- and then I won't bother you anymore until the next one comes along. The second one I have is, I notice that this is 45 feet tall. Where's the parking going to be for these people? Is it going to be underneath? MR. TYSON: No, ma'am. We have sufficient space that will be surrounding the project. That will be -- the parking will happen off of this roadway, continue all the way around the edge. So interspersed with where -- close -- and really close to the buildings will be the parking with the building mainly surrounding the lake. So we've looked at that, and we believe that from a proportion standpoint -- we haven't designed it, but from the standpoint of proportions and the way in which that appears at this time, you know, there will be sufficient space for that to occur. COMMISSIONER FIALA: Okay. I have another question then. Bruce -- MR. TYSON: Maybe I could finish a couple things. COMMISSIONER FIALA: Sure. Page 122 June 6-7, 2006 MR. TYSON : Jeff asked about questions and -- COMMISSIONER FIALA: Okay. MR. TYSON: -- let me just run through, and I can wrap up, and then we'll be done and get on with the questions, if that would work. COMMISSIONER FIALA: Oh, okay, good. All right. MR. TYSON: I did want to point out a couple of things, that did -- first of all, did occur at the neighborhood information meeting. You may have seen them on the plan. Steeves Avenue runs immediately west of the project, right through here. It right now has a -- it's a dead-end street that ends approximately where the cursor is. We suggested that they connect through to this property so that there would be an easy opportunity for people to loop around, get in and out of the proj ect. They did not want to have that happen. So what we have done, in talking to the fire department who is the one who was mostly concerned about this, is to -- first of all, we're going to create a turnaround within the right-of-way of Steeves Avenue that will accommodate probably about 90 percent of the truck traffic or any car traffic that comes back in there. Secondly is that right at the property line we'll create a gate, 12- foot gate with a lockbox for the fire department so that they can, upon need and demand, run through that, if they're in here, need to get out, they can do that quickly and easily. That was at the request of the East Naples Fire Department. So from that standpoint, we should be able to accommodate all of the trucks and the traffic that is needed at that point. I just wanted to close here by stating that while we have a density of the 1 point -- or excuse me, the 10.27 units per acre, but I wanted to let you know that by voting for this, you will not set a precedent, as you have recently approved two other proj ects with slightly high densities within the coastal high hazard district area. They happen to be Botanical Place, which has an affordable Page 123 June 6-7, 2006 housing bonus tied to it, but that is 10.99 units per acre, 218 units in total down on Bayshore; and Serus Point, which is -- has an affordable housing bonus also tied to it, but it is 10.89 units per acre. That too is down off of Bayshore. The county staff deemed the project to be in compliance with the growth management plan in the applicable sections of the Land Development Code. The project received a 5-3 favorable vote from the Planning Commission on May 18th. I'd just like to point out, in summary here, some of what we consider to be the real benefits of this project. Its proximity to a major employment center will mean shorter trips for the residents of Meridian Village, which will help reduce traffic on other roads within the county. Because the project meets the county's concurrency requirements, we can proceed with the SDP permitting as soon as this project is approved. One of the problems with so many of the approved affordable housing projects is they cannot receive their final development orders since they cannot meet the current county concurrency standards. By doing this, we are going to get these units to market as soon as possible. The development is an infill project, completely surrounded development. Additional setbacks, buffering and preserves have been strategically placed to minimize the impact to surrounding receptors. And because of the project's proximity to neighborhood schools, retail facilities and public transportation system, it is my belief that the additional vibrancy and a better sense of community will be added to this section of the county, which can only be positive. The fact that the affordable units will be embedded within the multifamily market rate units should minimize social and economic differences. And the development through the zoning change will remove approximately 80 percent of the potential trips from the immediate Page 124 June 6-7, 2006 roadway system, a significant public benefit. In addition, dependency on personal vehicular use should be minimized with the public transportation, sidewalks, and convenience retail close by. Again, overall reduction in roadway congestion. Lastly, this is a perfect location for a project that will offer both affordable product, but is also planned to have the balance of the market rate units in the high 300s and low $400,000 range. The developers are planning a project that can be a substantial benefit to a broad spectrum of Collier County workforce. Thank you, and I'll entertain your questions. CHAIRMAN HALAS: Yes. I have a number of questions. First of all, I think your presentation was great, and I think that workforce houses is the utmost important thing that we realize that we need to take place in this county. My concern is the density. Number one, you brought it up in regards to the coastal high hazard area. And the -- I believe that the two items that you talked about where the density was higher, that was because of the fact that is has an overlay, and that's in the Bayshore area. My concern is, I think we have some other traffic issues. One of the traffic issues is the failure of the intersection of Airport and Davis Boulevard, which isn't too far away from this location. The other concern that I have is the fact that you're assuming that we're going to increase the density of that commercial to 16 units per acre. I have some ideas of what I feel should be adequate density for that. But first of all, could you address the question about the failure of the intersection that we presently have, and that's at Davis Boulevard and Airport? MR. PERRY: Mr. Chairman, the traffic analysis requirements, there is a term you're probably familiar with, de minimis, which is, it's an extension -- Page 125 June 6-7, 2006 CHAIRMAN HALAS: I've heard that an awful lot. And de minimis is getting us into trouble. MR. PERRY: Okay. Well, it's also the measure by which traffic from a given project is so small that it is similar to what you would commonly refer to as a rounding error. The traffic coming from this particular proj ect during the peak hour of the day, when distributed in all directions to and from the site -- there's four different directions the traffic can go -- that the amount of traffic that actually gets onto any of those given roadways is, in fact, de minimis. It's less than 1 percent of the service volume or the capacity of those roadways. It is not absolutely no -- it has absolutely no measurable effect on the Davis Boulevard intersection. CHAIRMAN HALAS: Okay. MR. PERRY: Contrary to that, if this site were developed as the commercial with substantial amounts of traffic, as much as 10 times the amount of traffic generated during the peak hour, a substantial portion of that would, in fact, impact that intersection and, I would suspect, would become a problem. CHAIRMAN HALAS: Okay. My concern is that most of the area around there, the 7. -- or 6.7 acres right now is RMF-6, and I believe that's what you're using with your calculations. Myself, I look at the additional five acres that you have, roughly five acres -- I think it's 4.9 acres, is affordable. I would like to see that all as affordable as eight units per acre under the auspices of what we've -- this Board of County Commissioners has come up with recently, and I think that would be a good mix, and that would give you -- we'd cut down the density, and I think it would be about 82 units in that particular area. Because I believe you talked about the average cost of the other homes would be somewheres between 300- and $400,000. So that's where I stand as far as the density is. MR. TYSON : Well, I can certainly appreciate what you're Page 126 June 6-7, 2006 saying. We're looking at this as a total package. And the point is that we can -- the affordable units basically -- I'm sure you've all heard the stories of what happens when you put an affordable unit down, that it's literally a give-away by the part of the developer, and sometimes at a loss. So consequently, we have a situation here with the land cost, with the cost of construction. You know, we're looking at a situation where these units, especially the way in which we're planning them and placing them on the property, would wind up being literally glve-aways. The other side of that is, we're not trying to create a product that is uniquely different from that which is in the neighborhood. And as soon as you start to reduce density, you're going to have to improve the quality of those units in order to get your money back. And the problem is that you wind up with a situation -- I'm not going to tell you it's incompatible. We've got a lot of places around the county that are slowly changing and making that happen. But I will tell you that at eight units per acre, this project, as conceived, doesn't work. CHAIRMAN HALAS: Well, you know where I stand on it. MR. TYSON: I understand. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Is there going to be an affordable housing agreement for the 24 affordable units to make sure they stay affordable housing? MR. TYSON: The agreement has already been signed but it's not the typical housing -- affordable housing agreement. They will stay that way because in the expedited review process, we already have signed that with the county. That's in place. So as far as I am aware, those units will stay affordable, COMMISSIONER COYLE: Okay. What does that mean? It's not the same -- Page 127 June 6-7, 2006 MS. DESELEM: Not exactly as it was. There was discussion that was brought out, and they did add conditions to it. They did adopt several things, and staff attempted to make it clear with the strike- through underline what portions were brought forward. COMMISSIONER COYLE: Well, strike-through underline on what? MS. DESELEM: On page 6. COMMISSIONER COYLE: The ones that you just told me were not part of the recommendation? MS. DESELEM: The one that you were talking about, which was -- COMMISSIONER COYLE: Number 5. MS. DESELEM: -- number 5, and you can see that it says, the NAA revised this comment. It's the same density as the surrounding property, but there was no limitation -- the CCPC did not make a limitation to come up with something other than the 120 units that was proposed. And I -- COMMISSIONER COYLE: But the other recommendations where you've had underlines, you're telling me that the CCPC did, in fact, approve those? MS. DESELEM: Yes, sir, and I do apologize for the confusion. COMMISSIONER COYLE: So they approved, one, two, three -- one, two, I guess, parts of six and seven, but five, for some reason, was not part of their recommendation? MS. DESELEM: They didn't specifically address it to come up with a density other than what was proposed. COMMISSIONER COYLE: That's very confusing, okay. Now, you're not asking for any affordable housing density bonuses at all, but you're presuming that you're entitled to a 16-unit conversion for the commercial. MR. TYSON: I'm not going to say entitled. That's -- we're just indicating that we're using what is in the Growth Management Plan as Page 129 June 6-7, 2006 MR. TYSON: Yeah, they're in the PUD. It's done that way so that they will be part of it. COMMISSIONER COYLE: Okay. I just want somebody to tell me it's done what way, okay? How long will it stay affordable housing? Does it have the 15-year requirement? Does it guarantee that the prices will not be escalated in the marketplace? MR. BAKER: Yes, Commissioner. Denny Baker, for the record. You're correct, it's a 15-year requirement. It's already been executed. They have to remain affordable for that period of time, and then they get into the profit sharing if they sell above the 5 percent per year appreciation. That's all committed. COMMISSIONER COYLE: Okay. Now, I'm concerned -- and this is a question for staff. I am confused about the executive summary which lists under Planning Commission recommendations a statement that this project be approved only for the same density as the surrounding property, which is RMF-6. Can you explain that statement to me, please? MS. DESELEM: For the record, Kay Deselem, principal planner. That is information that was taken from the letter from the Naples Airport Authority . We were speaking, just characterizing what was presented to the Planning Commission, and that was the way they worded their letter to the CCPC; however, as -- if you read through that, you'll see that later on that actually was not adopted as part of the condition. It was just recommended with whatever limitation. It was like the density was okay as it was. They did not limit it to anything other than what was proposed. COMMISSIONER COYLE: That is very unclear. It's listed under the Planning Commission recommendation. And if it wasn't a Planning Commission recommendation, it should not have been listed under the Planning Commission recommendation. But in any event -- so you're saying to me that the Planning Commission recommended approval exactly as this PUD was submitted? Page 128 June 6-7, 2006 the technique to get us to the density that we've requested. COMMISSIONER COYLE: Yeah. And that works out to be a ratio, essentially, of two -- a bonus of two market rate homes for every one affordable housing unit that you build, actually a little bit more than that? MR. TYSON: Well, if you remember the chart that I put together before, it's almost a one-to-one, because what we're asking for, we had the 70 units, that if you looked at that whole property as an RMF -6, which it had been at one time, and we're asking for 24 affordable using (sic) -- units, excuse me -- we need 26 units to get to the actual density. It's very close to a one-to-one. COMMISSIONER COYLE: Okay. I think you're right. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COYLE: Okay. Thank you. COMMISSIONER COLETTA: No, Commissioner Fiala was next. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Back to my height. MR. TYSON: Sure. COMMISSIONER FIALA: The maximum height in that zoning district is 35 feet, but you've proposed a three-story building at 45 feet. What -- being that there's nothing else but one story in the area, can you -- are you going to have like, oh, some kind of architectural embellishments to take the immense look out of that area? I mean, being that everything is one story. MR. TYSON: We recognize that. The fact that what we've done is -- has been -- first of all, we have a B buffer which surrounds the property, which is a little bit more stringent than what would normally be required as the -- typically residential to residential is an A. We're doing, even though it's doing multifamily, we've got a B buffer here that will require a planting, at the time of planting, a tree every 30 feet on center, canopy tree, and we have agreed to a little bit bigger Page 130 June 6-7, 2006 standard than what the county's rule is, I think is 10, the county standard. We're going to put in a 12- foot tree. And we'll put in the five- foot hedge, and that will be allowed to grow to the point of where it will be a very good buffer between anything that's on the residential side and what's on -- and in the development zone. COMMISSIONER FIALA: I guess what I meant is, you're not going to just have a flat cement wall there? MR. TYSON: No. COMMISSIONER FIALA: You're going to have some kind of architectural features that soften the look, right? MR. TYSON: All the end units will have -- will have windows, you know, so it will be -- it just won't be a monolithic concrete slab, correct. It will be -- and we'll have a lot of landscaping that will be surrounding the buildings. We've left enough room so there'll be a fair amount of landscaping between the buildings. Also, if you notice to the far northwest portion of the property, as you look at it, there is a big -- I think it's about 75 feet of preserve, so all of the native pine trees that exist in there will be maintained or retained, and that will be in a permanent conservation easement. And then in addition to that, then you cross and you have at least 85 feet because of buffers and parking widths and sidewalks and everything else. You've got 85 feet before you're going to get to a building, so we've set these buildings back as far as we can in order to make the plan work. And that's what I was pointing out that, you know, pretty sensitive to all of those issues that exist and the receptors that exist within the area. COMMISSIONER FIALA: All those workforce housing units back behind this thing are all single-family. I was just hoping that maybe some kind of architectural features could just soften it. I don't know. You know, like little -- what do you call them, canopies or something over the windows, just something that -- MR. TYSON: Sure. Page 131 June 6-7, 2006 COMMISSIONER FIALA: -- would make it a little more pleasing looking. Secondly, under the Planning Commission recommendation number two, and it says, the petitioner must provide disclosure to all, da-da, da-da, da-da, the petitioner must provide a signed copy to? MR. TYSON: Naples Airport Authority. COMMISSIONER FIALA: Oh, it doesn't say that. Okay. MR. MUDD: Yes, it does, ma'am. COMMISSIONER FIALA: It says, Naples Airport Authority noted this is addressed in item number two, right? But to be sign -- that's crossed out where it says, to be signed at closing and sent to NAA, right? COMMISSIONER COYLE: No, NAA is not crossed out. MR. MUDD: NAA is not crossed out. COMMISSIONER FIALA: Oh, it is -- oh, I see. Very good. MR. MUDD: It's just because the A's, they look like the lines go through them. COMMISSIONER FIALA: I better get new glasses. Thank you. I can't tell you how many times I read that and I never saw that. And lastly, what will the gap pricing be at? You said up to 150. I mean, will you make it more reasonable like 120 or -- MR. TYSON: It's very -- it's very high twos, low threes. I think it's very close to 305-, $310,000, somewhere in there. COMMISSIONER FIALA: That's pretty much not gap anymore. MR. TYSON: Oh, it's -- I know, but -- well, that's the upper end of the gap. COMMISSIONER FIALA: Yeah. Gap -- well, from what our definitions were, stopped at 280, and I thought, you know, as long as you've got a -- well, this is just by our committee recommendations, and, you know, being that you've got teachers and everything in the area, that would -- you know, you get up past 300 and you've missed Page 132 June 6-7, 2006 all of them, and the affordable, the teachers and deputies and so forth can't live in, so you need to have a good amount of gap as affordable to them. MR. TYSON : Well, again, I think part of the beauty of this project is the fact that there's no part of it that fits into that category, from a market rate, is a relatively midrange. It's not -- we don't have exorbitant units here that start anything -- that will start anything over the low fours. And consequently, that was the goal of the proj ect to make sure that it was consistent, had a lot of unanimity, and made it to the point of where it would feel very cohesive as a community. COMMISSIONER FIALA: Do you think your gap housing, being that it's all in these buildings together, do you think it could be priced more reasonably, like at 280? I mean, that would be something that -- MR. TYSON: That is what -- that's the number that comes out. That's a factor of the median income and how that all works out. So whatever that number turns out to be is where it will be. It won't be-- I can't exceed that. COMMISSIONER FIALA: Well, yeah. Median income all the way up to 150 -- MR. TYSON: Correct. COMMISSIONER FIALA: -- is a lot different than median income at 120 percent is what I'm talking about. MR. TYSON: I understand, I understand. COMMISSIONER FIALA: Okay. I don't want to argue or anything. I just wanted to see if they could -- you know, you could make sure you have some allocated for that middle range as well. MR. TYSON: Okay. CHAIRMAN HALAS: Sixty to 80 percent. MR. TYSON: Pardon me? CHAIRMAN HALAS: Somewheres around the 60 to 80 percent Page 133 June 6-7, 2006 of the income too. COMMISSIONER FIALA: Well, he's got 80 percent in the affordable housing. MR. TYSON: Well, we've got -- we have a -- right. COMMISSIONER FIALA: But he doesn't have anything that -- all the way up to 150 is what I'm saying. CHAIRMAN HALAS: I believe we have some public speakers. We'll open-- COMMISSIONER COLETTA: What about me? CHAIRMAN HALAS: Oh, go ahead. I'm sorry. COMMISSIONER COLETTA: No, that's okay. I let -- Donna was ahead of me and you turned off my light, too. That's okay. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: Just a couple questions, if I may. Denny Baker, if you wouldn't mind, please, I'd like to talk to a couple members of staff so I've got a clear definition of where all this is coming together. And by the way, Commissioner Fiala, I do agree with you about the softening effect. That's an amenity that wouldn't be a tremendous expense, a little thing like shutters at the right place -- COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: -- or the way that they bring the peak of the house together. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: Those types of things really do have an effect, and I agree, too, about the plantings and how they're put in and the height of them. That's all important. COMMISSIONER FIALA: Thank you. I-- COMMISSIONER COLETTA: You want the ambience to be maintained. COMMISSIONER FIALA: Right. Page 134 June 6-7, 2006 COMMISSIONER COLETTA: Mr. Baker. MR. BAKER: Yes, sir. COMMISSIONER COLETTA: There's been some discussion about the relationship of density versus affordable housing. How important is it? Is there some way that density could be given up and affordable housing still maintained on the private market? MR. BAKER: We've had this conversation many times, and it just doesn't work, Commissioner. COMMISSIONER COLETTA: I just thought maybe you changed your mind. MR. BAKER: No, sir. COMMISSIONER COLETTA: So in other words, density and affordable housing are one and the same. Now, what we're talking about here is, they're not even claiming the density they would be entitled to by the affordable housing. MR. BAKER: That's correct. COMMISSIONER COLETTA: So, in effect, they have limited the density that's there. And if we do make density a requirement, it's the same as saying, you can't do affordable housing. MR. BAKER: It works in reverse, correct. COMMISSIONER COLETTA: Okay. The other question I have for you, if I may, is the gap housing. MR. BAKER: Yes, sir. COMMISSIONER COLETTA: At 150 percent, I mean, now, that's the upper number. People-- MR. BAKER: That's the upper number if -- for a family of four, the median income is approximately 66,000; 150 percent would be approximately 100,000 times three. So the affordability would be up to a cap of approximately $300,000 purchase price. COMMISSIONER COLETTA: Right. And that's allowing for what -- I mean, if you had somebody apply, gap is 80 to 150. MR. BAKER: Yes. Page 135 June 6-7, 2006 COMMISSIONER COLETTA: If they had people apply that were 120 percent -- MR. BAKER: Yes. COMMISSIONER COLETTA: -- then, of course, the price of that house would have to change -- MR. BAKER: That's correct. COMMISSIONER COLETTA: -- to accommodate them. MR. BAKER: That's correct. COMMISSIONER COLETTA: Right. And of course, the -- it's going to depend on the banks that accept these. It's not going to be a case of the builder going through it and trying to pick out every single one of them at 150? MR. BAKER: Oh, that's correct. The applicants -- presumably the developer would have a waiting list of people, and they'd have to obtain a mortgage from the bank first and prequalify. COMMISSIONER COLETTA: Now, let's go back. What's 80 percent? Eight percent is how much of median income? MR. BAKER: Approximately $52,000. COMMISSIONER COLETTA: Okay. What does a deputy make out there, a starting deputy? MR. BAKER: I'm not sure. Perhaps the deputy could -- 35,000. MR. MUDD: I think it's about 38. MR. BAKER: Thirty-eight thousand. COMMISSIONER COLETTA: Thirty-eight thousand. So-- COMMISSIONER FIALA: I don't think he hears you. MR. BAKER: A deputy in a school -- THE DEPUTY: Oh, I'm sorry. MR. MUDD: Starting-- COMMISSIONER COLETTA: You did it with your eyes open, too. THE DEPUTY: Starting salary for a deputy is, I believe, after the academy, roughly 38,000. Page 136 June 6-7, 2006 COMMISSIONER COLETTA: Yeah. And I didn't mean to pick on you because you do have a gun. THE DEPUTY: I appreciate that. COMMISSIONER COLETTA: So the point being is that I assume that probably schoolteachers are somewheres in the same category. MR. BAKER: Right. COMMISSIONER COLETTA: So 38,000, ifit was-- MR. BAKER: Seventy-six thousand for -- COMMISSIONER COLETTA: That would put them in what category? MR. BAKER: Seventy-six thousand dollars would put them in the 80 to 100 percent range. COMMISSIONER COLETTA: Okay. But meanwhile, that's presuming two people are working. MR. BAKER: That's correct. COMMISSIONER COLETTA: Yeah. But if only one's working, one -- like a mother with a couple of children, then they would fall in the under 80 percent. MR. BAKER: Yes. COMMISSIONER COLETTA: Probably closer to 60? MR. BAKER: I would say so, Commissioner, yes. COMMISSIONER COLETTA: Okay. So we've got a catch-all mechanism in here. But the fear that was here before -- and I think you have removed that fear because, I mean, I communicated with you before we had this meeting today -- was that they were going to pick the high end of the affordable and the high end of the gap, and everybody else be darned. That's politically correct, by the way. But I know that's not true. MR. BAKER: I can't say for certain, Commissioner. The way that the agreement is written, they're capping it out at the 80 percent. They're saying less than 80 percent and less than 150 percent. Page 137 June 6-7, 2006 Depending on the applications and what people can qualify for in a mortgage, I don't think anyone can say for certain what the end of range is going to -- they're going to be successful. COMMISSIONER COLETTA: But still, there's a lot more play in it than the high number? MR. BAKER: Yes, sir. COMMISSIONER COLETTA: Yeah. The next question I got is for Don Scott. Mr. Scott, could you please come up. One of the things this commission has always been concerned about is roads, the lack of them, mainly, and what the capacity of those roads are with our growing population. And trying to keep ahead of the curve is extremely difficult. In this case, this has no -- we hear this will have no measurable impact. This is what the petitioner's telling us. Not relying totally on the petitioner, but I'd like to hear from my own staff exactly what this means. MR. SCOTT: Well, every department has some impact, but what they're speaking to is that less than one percent is considered de minimis, and their traffic generation over what the service volume is, divide that number. It's less than 1 percent. It's about. 7 percent. COMMISSIONER COLETTA: Okay. So by itself, I mean, is there impact that's measured also with the fact that this particular location is conducive to school or education opportunities or work opportunities? MR. SCOTT: Oh, definitely. COMMISSIONER COLETTA: Is that figured into it and that fact that the travel distance maybe shorter? MR. SCOTT: From trip standpoint, no, but obviously a lot of -- if I was picking a place to put affordable housing this would be the place, because it's in between a lot of areas that people are going to work in relation to, if I stuck it out in the Estates and those people were traveling into this area. Page 138 June 6-7, 2006 COMMISSIONER COLETTA: Okay. Now, I don't see anybody from emergency management, so I'll phrase the question for you. Being that this is in the edges of the so-called coastal high hazard area, do you see a development like this as being a difficulty at the time of evacuation if standard procedures are followed? MR. SCOTT: No. Based on the way the Regional Planning Council looks at evacuation and the hours of evacuation, no, I don't. COMMISSIONER COLETTA: Thank you, Mr. Scott. Thank you, Chairman Halas. CHAIRMAN HALAS: Okay. I'd like to hear our -- if you could wait. MS. FILSON: Okay, Mr. Chairman. We have-- MR. MUDD: Before you -- before you do that, could I get the staff -- you really didn't get staffs presentation. CHAIRMAN HALAS: All right. MR. MUDD: And Ms. Deselem needs to put a couple of things on the record. CHAIRMAN HALAS: All right. Excuse me. I'm sorry. MS. DESELEM: Good afternoon. Again, for the record, Kay Deselem, principal planner with the department of zoning and land development review. I just wanted to put on the record the fact that you do have the staff report, a copy of the application, and the executive summary, and staff is recommending that this petition be found compatible with the neighborhood, and we are recommending that it be found consistent with the Growth Management Plan. We have provided you with findings of fact in support of our position, and we are recommending approval of the petition. CHAIRMAN HALAS: Question. Are you recommending then that 16 units per acre? MS. DESELEM: Yes, or that-- CHAIRMAN HALAS: Are you considering this as an Page 139 June 6-7, 2006 entitlement? MS. DESELEM: No, sir. It is not an entitlement. CHAIRMAN HALAS: Okay. So it's up to us to make that determination where the density should be in regards to the commercial, right? MS. DESELEM: That is correct, sir. CHAIRMAN HALAS: Okay. MS. FILSON: The first speaker is Richard Cunard. MR. HALL: He's not here. MS. FILSON: Okay. Harold Hall. He'll be followed by Erv Dehn, D-E-H-N. MR. HALL: For the record, Harold Hall. I live at 1082 Rainbow Drive, which is right off the west end of Estey Avenue. This really doesn't affect me directly, and I have certainly no vested interest. My concern is the safety of school children. Now, we are going to have some increased traffic, and right in a place where it is probably the biggest single problem right now in the safety of school children. Several of us, and I've met with two people today, that experienced the unbelievably dangerous situation about three or four years ago with all the cut-through traffic coming from Davis Boulevard. Our transportation staff did what I think was a fantastically good job. Even though it was quite expensive, they closed some of the left-turn lanes from Davis going east coming over into Estey Avenue, put in the speed bumps, and it really cut down on the cut-through traffic. That was good. Now, here's what we're going to have. Well, this morning, 10 minutes till 8, the left-turn traffic on Estey Avenue that the transportation planner was telling us about was backed up all the way up through the existing turn lane. Now, this is not schooltime and this is not season. At the intersection of Davis and Airport Road, traffic was backed up a half Page 140 June 6-7, 2006 block or so in all four directions. Now, I don't know about this 1 percent. I know that we have a little bit of a problem right now at Davis and Airport Road. I'm not opposed to really this -- the plan there. In fact, I thought that Mr. Tyson did a good job pointing out the advantages of this location, and it certainly is a good location. Just down Estey Avenue about one block is another big parcel about three times this size. That would be a good location also for 10 units per acre. But at any rate, bottom line is, I'm not -- I'm not sure but what we are going to get back into a situation with those three schools -- this is the walkway to three schools. The Brookside area and all up Estey Avenue there's a lot of children that, going to school there, they're lined up. They -- the sidewalks that our transportation people put in really, really made a tremendous difference in the safety of those children walking. So -- and by the way, as Jeff pointed out, we do have good conditions there for the children walking right now, but we may be adding a lot more traffic. Think about the safety of the children. That's all. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Erv Dehn. He'll be followed by George Mallis. MR. DEHN: Good afternoon. For the record, my name is Erv Dehn. I'm the director of engineering and planning from Naples Airport Authority. I want to commend Mr. Tyson on his presentation, and I think they have -- he's presented some very attractive features for this property, and I commend him on his attempts at explaining some of the aviation terminology. He had a very brief Airports 101 education, over a couple of session with our office. I bring to the podium today about 45 years of experience in Page 141 June 6-7, 2006 airport planning design, and I want to speak to some of the problems that I see with this project and voice the opinion of the Naples Airport Authority . First of all, I want to correct one thing. At the Collier County Planning Commission, Ted Soliday, the executive director, did not appear before the commission. That was, in fact, myself, although I appreciate the promotion. But-- MR. ANDERSON: He was there. MR. DEHN: We discussed a number of things, and you'll find in your packet today, I believe, two letters, one that I hastily drafted kind of over my shoulder on the way out the door one afternoon to try to get something before the Planning Commission. And then during the presentation to the Planning Commission, they questioned a couple of the items, one of which was that item number 5, I believe, on your packet. That was our suggestion that if you have to rezone this residential, that it not be any higher density than what's surrounding it right now, and that caused some confusion in interpretation in our explanation, so we dropped that and rewrote the letter. You should have a copy of the second letter. The problems that we see with this, first of all, as an airport receiving federal grant money, we have to sign what we call sponsors assurances each time we receive a federal grant, that we will do everything we can to protect the airport from encroachments, mainly being residential developments around the airport. So by basic principle, we object to the rezoning going from commercial, which is fairly compatible with airport use, to residential. It doesn't really matter whether it's one unit or 50 units. It's -- we cannot come out in public and support that change in zoning from commercial to residential. Second of all, Mr. Tyson mentioned the runway protection zones. And, yes, we do have a visual runway, runway 1432. This is the three two end of that runway. It is technically a VFR, what we call visual Page 142 June 6-7, 2006 flight regulation runway right now, and that inner diagonal line that you see is our runway protection zone under visual flight regulations. When we go to or ask FAA to improve that to a non-precision runway, one of the things that they will take into consideration is the development within that footprint. And there is a possibility that even though it's one or two units, as Mr. Tyson explained, it may fall within the future non-precision approach zone. There's a possibility that FAA could look negatively at that and not grant us a non-precision approach or require us to displace the threshold on the runway sufficient to clear that property, and that's not a good plan for us. We only have 5,000-foot runways to start with. So basically we have a problem with two things. One is what we feel is changing the property from commercial, somewhat compatible use to the airport, to residential, which we feel is not compatible with the airport, and second is the possible jeopardization of our future non-precision runway approach to that runway in three two. CHAIRMAN HALAS: Thank you very much, sir. MS. FILSON: Your final speaker is George Mallis. MR. MALLIS: Hello. I'm George Mallis. I live on Steeves A venue, and unfortunately a lot of our neighbors are on vacation that were at the advisory committee. I do want to point out a few things. The zoning was changed to commercial in 1990, and now they want to get 16 units. We're predominantly single-story homes, single-family homes in that neighborhood. And on that same block of ours, they want to put these mammoth three-story condos, which is really out of character. I mean, try putting that in Port Royal or Foxfire or one of your gated communities. Weare a working-class community . We don't probably have a lot of clout. He keeps throwing around things like, you know, workforce or affordable housing. But that 2-, $300,000, I really don't Page 143 June 6-7, 2006 see it. The traffic problems. I live there. I drive every day off of Steeves Avenue. It was a big cut-through. The traffic department, I've got to commend, for putting in these speed bumps, because now we're getting a lot less people cutting through; however, as soon as they put that left-turn lane on Airport, we're going to get people trying to cut through again because now they're going to have an arrow and they're going to try to bypass Davis Boulevard and come through our neighborhood again. I don't see that mitigating or being a I-percent problem. I think that's going to be a huge problem for the owners and for the people that live there already. Already we have a lot of traffic. We have trouble getting in and out. There's a tremendous amount of back -- it backs all the way up to Shadowlawn in season; not this time of year, during peak loads, not during -- all the time, but during -- when you're trying to get to work and when you're trying to come home, you've got to wait down that road. Let's see. I think the higher density will negligibly (sic) impact the whole neighborhood. I just don't see it. The whole Brookside neighborhood, we know all our neighbors. I know all my neighbors on the street, and all those houses going way back are all single-family homes, and I just don't believe three-story condos belong on this infill. If you had a separate piece of property with no houses, you know -- there are properties in the county that are like that. That's where those condos belong, but not in our neighborhoods. And, of course, you know, I'm just hoping -- if it was your neighborhood, you'd know what I mean, and I hope you take into consideration our feelings on the neighborhood. It's a small tight-knit community, and we'd like to keep it that way if possible. And I have no problem with them putting RMF-6like we have. We're a sixth of an acre on our properties, but I don't see having, you know, three-story condos there. You know, if they can bring the Page 144 June 6-7, 2006 height down and keep the zoning down, I think it would be a lot better neighborhood in the long run for everybody. Thank you. CHAIRMAN HALAS: Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. We'll close the public hearing. MR. TYSON: Could I offer a couple of comments to those comments? CHAIRMAN HALAS: Well, you had enough time, I believe, sir, to cover most of the stuff here. MR. TYSON: Well, it's just things that were brought up that -- CHAIRMAN HALAS: Okay. MR. TYSON: -- just a little -- let me see if I -- that might be beneficial for everybody. This is a picture that shows the existing future -- it's a future land use map for the county. The black line is the coastal high hazard line that has been constructed. You'll notice that there are a number of -- and our project, by the way, is right in here. There are a number of developments, albeit in the city, but you've got the Estuary, you've got Bears Paw, there are a number of units and projects that just abut right up to that point. So you can see where the -- I wanted to put that in perspective as to where the coastal high hazard area is in relation to this project. A couple of comments -- and I think it's just real simple that people talking about changing from residential, or going from commercial to residential, the comments that came up here were just -- got to the point of where it's -- you can appreciate the fact that once you are a residence -- residential community, you've got people that are there sincerely interested in protection of everybody. Very different from commercial. So again, we feel that it's very warranted to take this project from commercial to residential. The other thing is Mr. Dehn. There were two hearings, by the way, with the Planning Commission. One was -- the first one was Page 145 June 6-7, 2006 continued. At that meeting Mr. Soliday was present. Mr. Dehn was present at the second one. CHAIRMAN HALAS: Okay. MR. TYSON: I think that's the important considerations. If you have any other questions, I'd be happy to answer them. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Back to the height again-- MR. TYSON: Yes. COMMISSIONER FIALA: -- now that he brought it up again. Forty-five feet. Now, because this is in the coastal high hazard area -- and I was really concerned, so I talked with Joe Schmitt about this. And you know, it's right on the edge there, and I understand that. I said, how much of a chance would there be to flooding, and he said, they have to build it up anyway to the base flood elevation. MR. TYSON: Correct. COMMISSIONER FIALA: So I just began to think about that. How high do you have to build it up before you count your 45 feet? And where does the 45 feet end? And are there accouterments on top of that? MR. TYSON: Good point. First of all, the elevations in the area right now are somewhere around four, four to five. That's the existing top on the property. We will have to build that up. It will probably be a little over seven. It's -- I don't know exactly what that is. When the engineering comes, the engineers put that together for the SDP process. They will determine that. That's from where the grade starts at -- it's an AE-7 right now. And to answer the question, the 45 feet was the maximum height of a building. So we are not anticipating, you know, quite getting there. It will be maybe close. But there's two different -- there's one definition in the county that has it as halfway up the height -- or the height is measured halfway up the building roof -- Page 146 June 6-7, 2006 COMMISSIONER FIALA: Right. MR. TYSON: -- or the plane of the building roof. The Planning Commission is trying to get us to the point where it's like -- state exactly the maximum height of the building, and that's what that would be. COMMISSIONER FIALA: That is what it would be? MR. TYSON: That would be -- it would be no higher than 45 feet. COMMISSIONER FIALA: And also to answer this gentleman's concerns that was just talking about him living right behind, and the whole neighborhood. You said you're going to plant big thick bushes in the back, five-foot tall bushes; is that what you said? MR. TYSON: That's correct. COMMISSIONER FIALA: To protect those neighbors from this and to soften the appearance of 45 feet? MR. TYSON: Well, the other thing too is, those pines that are there, they're pretty mature in the preserve where they're going to be against the other properties. Some of those are over 50 feet right now. COMMISSIONER FIALA: Yeah, I know. But, you know, to get to the 50 feet, you've got just a -- you know, just a trunk, you know. I mean, it's not like it's hiding anything. MR. TYSON: Well, probably from 35 feet to 50 feet is mostly vegetation. COMMISSIONER FIALA: Yeah. I drive by there all the time, so I can see everything that's right beyond those things. They don't hide anything. I'm sorry, Bruce. MR. TYSON: Oh, no. At that level. I'm saying from 35 to 50 feet, they'll block any roof line. COMMISSIONER FIALA: Okay. Anyway, would that-- would these bushes be like ficus bushes that cause a nice thick hedge type of a thing? MR. TYSON: I'm sorry? Would you just -- Page 147 June 6-7, 2006 COMMISSIONER FIALA: Would the -- would the ficus hedges be like -- I mean, would the bushes be nice, thick -- MR. TYSON: Oh, sure. COMMISSIONER FIALA: -- ficus hedges? MR. TYSON: It will be -- whatever it is has got to be according to the county rules and will -- will do something to make sure that that, you know, is very -- you know, they're going to be thick. Whether they're pruned, whether the abutting communities want to see those go up to 10, 15 feet, that's up to them. COMMISSIONER FIALA: I ask that because every once in a while you go by somebody who plants bushes, and they plant the bushes, and they're like five feet apart, and then they're little scraggly things, and they don't do anything but die. So I wanted to make sure you were really going to have something to protect -- MR. TYSON: It will all be irrigated and it will be according to the rule -- according to the county's buffer requirements. The other thing that Bruce Anderson just pointed out to me -- CHAIRMAN HALAS: Commissioner Henning? Yes. I'd like to move on, if we could. MR. TYSON: Sure. CHAIRMAN HALAS: And Commissioner Henning? COMMISSIONER HENNING: Thank you. I do have another disclosure. I did -- or Ted Soliday did speak to me, and I did see the Planning Commission meeting with Mr. Soliday there. So Mr. Tyson, I have a question to follow up on the discussion at the Planning Commission. There was going to be some follow-up with the airport director. Was there a follow-up? MR. TYSON: The next day. I and my assistant were in his office, I believe, at 10:30 on Friday morning. COMMISSIONER HENNING: Okay. The concerns with the flight path there was addressed with Mr. Soliday? Page 148 June 6-7, 2006 MR. TYSON: I didn't hear it quite the way Mr. Dehnjust presented it this morning. COMMISSIONER HENNING: Pardon me? MR. TYSON: I didn't hear it quite the way in which Mr. Dehn presented it just a few minutes ago. I don't remember hearing about the fact of future and it would impact the potential of the airport. I didn't hear it in that context. COMMISSIONER HENNING: Okay. I'm a little concerned that, you know, we're getting conflicting statements. MR. TYSON: Well, the other-- COMMISSIONER HENNING: I mean, clearly the Planning Commission meeting that I see that Mr. Soliday was there. And you know, being the director, I would have thought that he would be the spokesperson. MR. TYSON: You mean today? I believe he's on some type of a medical emergency. COMMISSIONER HENNING: Yeah. He might -- but it -- the statements are concerning, what was said today, from the airport. Would -- MR. TYSON : Well, we have to meet -- if you recognize, too, when the SDP is done, we have to do a -- check with the FAA to make sure that everything fits within the guidelines. So there's just no chance of us slipping something through that won't be looked at. It's a mandatory requirement that we do that. COMMISSIONER HENNING: The -- one more thing and then I have some questions for my planning staff. Would you be willing to, as far as the height restrictions, stay within the height restrictions within the present zoning district? You may want to talk to your client on that. MR. TYSON : Well, I can -- I can tell you it will be challenging. We -- right now I think the way in which it's worded it is 35 -- three stories or 35 feet, but the 35 feet measured at that measurement is half Page 149 June 6-7, 2006 way up the roof line. Now, if you take it to what we're showing at 45 feet to the peak, there's probably about five to six feet of give and take in that, meaning that the county's dimension of 35 feet would probably go to 41 if it was to the peak, so that's my -- that's my point. I think if you wanted to use the way in which it's worded in the regulations, you know, that's -- you've just got to spend a few minutes talking about it. COMMISSIONER HENNING: Okay. Ms. Deselem, I have some questions about fellow Commissioner Coyle's questioning. The Planning Commission recommendations, there's strike-throughs and underlines in there, and I -- this is the first time I've ever seen recommendations from the Planning Commission with strike-throughs. How did the strike-throughs happen? Was it because of two different hearings or -- MS. DESELEM: There were two different hearings by the CCPC. It was continued to allow the applicant to address the issues raised by the Naples Airport Authority. We have received several letters from the Naples Airport Authority. This particular thing that was in front of you as far as the executive summary was an attempt by staff to explain what we believed was the result of the CCPC hearing. This is what we believe was the ending discussion that showed what was agreed upon as far as the items one through seven with the changes that were adopted at that time. Then after that last CCPC hearing, we did get another letter from the Airport Authority which has been forwarded to you as well. That letter actually says something somewhat different from what the discussion was. So staff attempted to give you all the letters that the Naples Airport Authority has provided to us and provided to you a synopsis of what our understanding of the meeting was and the agreement that Page 150 June 6-7, 2006 was reached at the CCPC so you would have all the information in front of you so that you could try to understand what the position was, and then the Naples Airport Authority staff is here as well. COMMISSIONER HENNING: Okay. MS. DESELEM: But it was, at best, confusing because of the different positions that were taken by the Airport Authority. COMMISSIONER HENNING: Well, these are Planning Commission recommendations, not the Airport Authority recommendations. We want the Planning Commission recommendations, and the Airport Authority has the ability to submit letters just like anybody else does, and they're very important, just like anybody else. But we asked the Planning Commission -- they spent a lot of time -- and they're very good in going through the details, and that's the only reason I can't understand it. So if the commissioners don't mind, I'd like to go through them since the Planning Commission member's here, to make sure that this is their recommendation and not the Airport Authority's recommendations, okay? Number one, planning -- petitioner must record aviation easement over the entire tract in favor of the -- okay. Petitioner must provide and disclose to all buyers that the units for sale in the development are in the proximity of the airport facilities and should accept all disbursements (sic) associations within. You want to deed something within the documents. And then number three, provide construction noise within the condominium documents and homeowners' association bylaws. That was struck through. MR. MURRAY: Mr. Chairman, do you mind? CHAIRMAN HALAS: No. Please step up to the mike so you can identify yourself. COMMISSIONER COLETTA: Give you a copy of what we're Page 151 June 6-7, 2006 talking about. COMMISSIONER HENNING: Thank you, Commissioner Coletta. MR. MURRAY: Good afternoon, all. My name is Bob Murray, and I am a planning commissioner, and thank you for the opportunity. What were the last ones, sir? COMMISSIONER HENNING: A strike-through, that means that you didn't recommend to provide a constructive notice. Commissioner Coletta just gave it to you, if you could follow me. Number three. MR. MURRAY: Number there, yes. COMMISSIONER HENNING: Was a strike-through? MR. MURRAY: Yeah. We said, and they agreed, the developer agreed, that they would provide constructive notice, absolutely. COMMISSIONER HENNING: Okay. And that's within number two? MR. MURRAY: And within number two, the petitioner must provide a signed copy. Yes, we made it so that all bases were covered so that any party who would buy in -- for as long as that development exists, they would be given the opportunity when, due diligence, to see that that might be a noise problem for them even with the intended additional noise barriers. COMMISSIONER HENNING: Number four, permit -- MR. MURRAY: Yes. COMMISSIONER HENNING: -- irreversible deed notification, but then it says -- to me that seems like that would be to the residents or future residents. MR. MURRAY: I don't know about the parenthetical that's there about the NAA. All I know is that we did state that we'd like a permanent and irreversible deed notification. COMMISSIONER HENNING: Okay. And I think that's true, because notifications, those condo docs. can be amended by the Page 152 June 6-7, 2006 association all the time. MR. MURRAY: And get lost and forgotten, et cetera. COMMISSIONER HENNING: And -- exactly, be in another document within the Clerk of Court's recording. MR. MURRAY : Yes. This way it was guaranteed that the persons who would buy would know. COMMISSIONER HENNING: So we want to keep that? MR. MURRAY: And the developers agreed with that. COMMISSIONER HENNING: Okay. Lower density of development permitted by code and consistent with the residential zoning properties in the proposal. NAA received this comment and asked for the CCPC to recommendation (sic) approval. Does that sound good? MR. MURRAY: Well, all I remember is that the Airport Authority representative, the gentleman who spoke earlier, stated that it was a normal condition for the airport to avoid as many complaints, et cetera, regarding noise by trying to limit the density all around the property . And in our vote, we did not accept that as a basis to tear down any densities that were offered. So the densities as offered by the developer were those that were agreed to by us. COMMISSIONER HENNING: Okay. Number six, NAA revised comments acknowledge -- let's see. No, this is actually something -- natural preserve area, northeast corner, to be maintained in perpetuity by the homeowners' association, and maybe that's -- you struck that through because it was in the PUD documents? MS. DESELEM: Yes. If I can respond? That's the intent, that we didn't need to incorporate it as an additional condition for both six and seven because they're already covered. COMMISSIONER HENNING: I understand. MS. DESELEM: Likewise, with two and three, they're already covered as part of the requirements listed above. It wasn't our intent Page 153 June 6-7, 2006 to imply that they're not going to be applicable. COMMISSIONER HENNING: Oh, no, no. I don't think so, but it's still the Planning Commission recommendations. MS. DESELEM: Like I said, this is what staff had understood the Planning Commission had discussed, that those things were still included, but they said that we didn't -- they didn't need to specifically list them again, because to say that they needed to have, for example, the notice within condominium documents, that repeats what it says in two, disclosure to all perspective buyers. So it was just repetitive, so we didn't need it. It wasn't implied that it wasn't pertinent. COMMISSIONER HENNING: Right. But it says, the Naples Airport Authority revised these comments to acknowledge this is a requirement by the code. MS. DESELEM: Right. COMMISSIONER HENNING: Again, we depend on what they have to tell us whether we agree with it or not. It's not up to an authority by the City of Naples to amend Planning Commission's recommendations, period. Number seven, additional sound annotation ( sic) provided by the builder/developer for each of the units in the development as spelled out within the ordinance, 2000 -- MR. MURRAY: A concern we had, Commissioner, was that being so close to the flight path, there would certainly be more noise than if you were further away. We urged the developer to put as much soundproofing as they could, and I personally suggested the closer the proximity to the flight path. The response by Mr. Tyson was, we are going to put very good sound baffling or attenuation equipment, not equipment, but materials in all of the property and that it should bring the decibel level way down to where the people would be comfortable. That was the concern and that was what we expressed, that we wanted to be sure that it was part of if it and it wasn't forgotten, it was part of it. Page 154 June 6-7, 2006 COMMISSIONER HENNING: Okay. MR. MURRAY: And I agree with you, Commissioner, it would be better if what we say were -- you know, no offense to Kay, but thank you for that thought. It's what we appreciate. COMMISSIONER HENNING: It's the understanding by our staff, and that's just what it is. And I appreciate your time. I know you don't represent the Planning Commission here today. But since you are a Planning Commission member, I just wanted to ask some questions. MR. MURRAY: Well, thank you for the opportunity. COMMISSIONER HENNING: Thank you, Mr. Chairman. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: That very small area in the lower right-hand of this diagram -- I need to be talking with the petitioner now. Can we just reach agreement that you will not put a building that will encroach into that area? MR. TYSON: Yeah. We can make that work. Somewhere -- I think you're talking -- let me just make sure __ COMMISSIONER COYLE: No. I'm talking about the .40 acres, the four-hundredths of an acre there, and anywhere to the right of that line. Can we -- can you state that you will not put a building in that area? MR. TYSON : Well, I prefer to state that what we would do is that we will -- we have to comply with all of the FAA regulations, so regardless, if something -- no matter where it goes on the property, we're going to have to get with them and get their approval. COMMISSIONER COYLE: Well, here's the problem. MR. TYSON: Sure. COMMISSIONER COYLE: As the FAA and airport changes the type of approaches they have at any of their runways, there are different requirements. So if you build a building now there, it might not interfere with Page 155 June 6-7, 2006 an approach that they have now, but it might very well prohibit an approach that they might want to have in the future. And so the Airport Authority is naturally concerned about future impacts of anything you might do in that particular very small area. It seems to me that you have enough flexibility to design the building locations to avoid a four one-hundredths of an acre area. MR. TYSON: I understand completely what you're saying, and that's, quite frankly, why we decided -- and we wanted to put that line on the plan. That is not today's line. That is a future line, and everything that we have done in our thinking is based on the fact that we don't want to prohibit -- as a matter of fact, we can't prohibit what the airport wants to do. So the reality is, if a portion of a building was in there that met all the height guidelines, everything else that was possible, you know, it seems to me that it would go through the FAA. If it becomes an issue to the point of where the FAA would turn around and say -- and, of course, you heard Mr. Dehn say that they would prefer not to have anything here at all. The point being that, you know, if we had commercial structures and we were just outside of that line, theoretically, without even coming to you, we could put something up, as long as it was outside of that line, 75 feet tall. We've got to comply by the rules. We have to -- we have to make sure that anything we do -- and the only thing I can say is that I'll do everything we possibly can to stay out of there. We can mark that on the plans. I'd sure hate to inhibit a great site plan for something that mayor may not have any impact in the future from the airport. But I will -- I certainly understand exactly what you're saying. COMMISSIONER COYLE: Four one-hundredths of an acre is not very much area and is not going to impact your site plan. COMMISSIONER HENNING: I have to agree with Commissioner Coyle. COMMISSIONER COLETTA: I do too. When I get a chance,n Page 156 June 6-7, 2006 I've got a suggestion. MR. TYSON: We'll keep our buildings out of that zone. COMMISSIONER COYLE: Good. Thank you. CHAIRMAN HALAS: I've got a couple of questions I'd like to ask. Number one, I'd like to ask Denny Baker if maybe he can assist me in regards to saying, you said that someone that -- or a family that's making $76,000 a year can afford a 200- to $250,000 unit; is that correct? MR. BAKER: Approximately, not quite that high. Two and a quarter, 225,000. CHAIRMAN HALAS: Okay. Two and a quarter, okay. MR. BAKER: Yes, sir. CHAIRMAN HALAS: And that's including paying taxes and paYIng -- MR. BAKER: Yes. CHAIRMAN HALAS: That amazes me. And paying a car payment? MR. BAKER: That's correct. Well, that's -- the fundamental relationship, the ratio that we use, which is accepted by federal authorities, is 30 percent of income. So approximately three times their -- CHAIRMAN HALAS: Thirty -- is that 30 percent of the real income or is that 30 percent of what they can afford to buy a home with? MR. BAKER: That's 30 of their earned income, Commissioner. CHAIRMAN HALAS: Okay. As you know, Commissioner __ thank you very much. MR. BAKER: You're welcome. CHAIRMAN HALAS: Okay. As you know, Commissioner Coyle, my concern is that I'm a little taken by the amount of impact that they want to put into this commercial district when the rest of the surrounding area there is RMF-6. And I don't mean to put you on the Page 157 June 6-7, 2006 spot. Do you feel comfortable with this density that's here at the present time of 120 units? My concern was that I'd like to see this' down to around 82 units. COMMISSIONER COYLE: Yeah. I -- I, quite frankly, would like to see it about four units per acre, but I know that's not going to work. And my concern is that I have to deal with the law as it exists now and not as I wish it were and, perhaps, it will be in the future. I think we've made a recommendation that we limit density in the coastal high hazard area to a lot less than this, but that's not the current law. So I don't really have a basis in law to demand that people adhere to that density. The Land Development Code does entitle them to ask for -- CHAIRMAN HALAS: Ask for. COMMISSIONER COYLE: -- ask for 16 units per acre for conversion to commercial. I don't like that number, and we've already suggested we eliminate that from our Land Development Code in the future, and I'll be glad when we do. But the point here is -- and I agree that in this case commercial is the worst thing you want to put there. It has a bigger traffic impact. It's going to cause a lot more noise for the neighbors. It's a bad thing to put in this area, even though it is more compatible with the airport. So bottom line is, there are a lot of things I don't like about this, but there are good reasons to have some -- some affordable housing here. And the only way I can get there is to let them have the density they've requested, and I just can't find any other way to do it. The ratio of one -- essentially one density bonus per one affordable housing unit is quite reasonable. It's really good, as a matter of fact. We're granting two and three and four density bonuses for each affordable housing in some of the other areas. So this is an improvement to that. So, make a long story short, I share the same concerns you have Page 158 June 6-7, 2006 here, but because of the unique circumstances, I am -- I find myself in a position of not really having any choice, because if you don't let them go ahead with this thing, it's going to become commercial, and they have a right to development commercial. CHAIRMAN HALAS: Well, I was looking at -- there was recently commercial property that was zoned residential up in my area, and I believe we gave them eight units per acre, and I felt that since the presentation was that we were really trying to get additional affordable housing and because of the fact that it was centrally located, I was hoping that maybe the people that owned this property would maybe come up to something higher than, I believe, 24 units for affordable housing. I'd like to see more in the affordable housing range in regards to what they're offering at the present time. COMMISSIONER COYLE: And I would, too. I really think that would be a good result. CHAIRMAN HALAS: So can we get something-- COMMISSIONER COYLE: The only problem I have is that we've approved others at 10 or 15 percent, and these are actually __ they're actually being -- willing to do it at a higher percentage. So there's a conflict, unfortunately, in this case, and I can't find __ not that I'm looking for a way to approve it -- but I can't find a legal or honest reason for me to vote against it. And I can tell you, if I could find a way to lower that density, get more affordable housing, I would jump on it in a minute. I'd just love to do that. CHAIRMAN HALAS: The reason I ask you these questions because of the fact that this is in your district, so I wanted to __ COMMISSIONER COYLE: I appreciate that. CHAIRMAN HALAS: -- open this up for other commissioners so they could get a feeling of -- know where you're at with this. Commissioner Coletta? COMMISSIONER COLETTA: Thank you very much. And I've Page 159 June 6-7, 2006 heard the arguments, and they've been absolutely beautiful. There's been some good issues raised here today. I would like to make the motion, but I'm not going to. I think that that would belong to the commissioner of that district, and if he'd like to make a motion of approval with the stipulations that we mentioned about the placement of the building, the architectural __ COMMISSIONER FIALA: Architectural features. COMMISSIONER COLETTA: -- features to soften the appearance of the project, I'd be more than happy to second it. COMMISSIONER COYLE: And ifhe doesn't choose to make the motion, does it fail? COMMISSIONER COLETTA: It's your district, man. COMMISSIONER COYLE: Okay. I'll make a motion for approval with certain stipulations, that the absolute height of the buildings not exceed 45 feet to the peak of the building. CHAIRMAN HALAS: From the ground to the -- COMMISSIONER COYLE: From the finished elevation to the peak of the building; that you do have architectural features that soften -- that's a very vague kind of thing. I don't have the slightest idea what the means, but I'm incorporating it because Commissioner Fiala brought it up and I think she's right. We're going to have to get more specific than that; and that no buildings be located within the area identified for the proposed new approach area for the Naples Airport. And I would also encourage that there be enhanced buffering between this development and the single-family homes that abut this property, and enhanced buffering can mean taller primarily to shield or to provide a line of sight that does not include these buildings from the yards of those homes. That would be helpful. So with those stipulations and the other staff recommendations, I will make a motion for approval. COMMISSIONER COLETTA: And I'll be -- I'll second that. CHAIRMAN HALAS: Okay. I just want to clarify something, Page 160 June 6-7, 2006 Commissioner Coyle. You said that you would like to see some of these enhancements. Maybe you ought to say, I want these enhancements. COMMISSIONER COYLE: You betcha, okay, yep. CHAIRMAN HALAS: Put that on, that we want these-- COMMISSIONER COYLE: We want these enhancements. CHAIRMAN HALAS: -- not you desire them. COMMISSIONER COYLE: Okay. I'll make that change in my motion. Is it part of the second? COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: And including all the Planning Commission's recommendations, right? COMMISSIONER COYLE: Including the Planning Commission's recommendations as we have gone over them, because we can't take them verbatim out of here because there's at least one that shouldn't be there. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Commissioner Coyle, just a quick clarification on that last statement about one should not be there. COMMISSIONER COYLE: Yeah. Number five is -- apparently is erroneously included as a recommendation -- COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: -- because I think the member of the Planning Commission who spoke earlier says they did not accept that one as a recommendation. COMMISSIONER HENNING: Just so that everybody has a clear direction, you want things in there like the Planning Commission recommended but had strike-through permanent and irreversible deed notifications, those kinds of things? COMMISSIONER COYLE: Yeah. Let me just note the numbers of the ones that I think should be included, and they are Page 161 June 6-7, 2006 recommendations number one, two, and I think that's it. The others seem to say that they're all included in one and two, or they're stricken out completely. COMMISSIONER HENNING: The -- number four doesn't have a permanent and irreversible deed. COMMISSIONER COYLE: Okay. I would include number four, yes. I would include number four; one, two, and four. COMMISSIONER COLETTA: My second agrees. CHAIRMAN HALAS: Your second is also? Okay. COMMISSIONER HENNING: Now, the northeast corner, in addition to -- okay. MS. DESELEM: Excuse me. For the record, Kay Deselem. Can I clarify what the motion was? COMMISSIONER COYLE: God, I hope so. MS. DESELEM: If I can point you to section 5.11 of the PUD document, this is what staff and the applicant has proposed based on our understanding of -- COMMISSIONER COYLE: Can you give me a page number? MS. DESELEM: Page 20. COMMISSIONER COYLE: Page 20. , MS. DESELEM: It's the very last page. COMMISSIONER COYLE: No, it can't be. MS. DESELEM: Of the PUD document. COMMISSIONER COYLE: Okay. MS. DESELEM: This is what our understanding __ CHAIRMAN HALAS: Page 20 of219? MS. DESELEM: Oh, well, perhaps -- COMMISSIONER HENNING: Yes. MS. DESELEM: It's the PUD document, and it's the last page of the PUD document. Your page numbers, perhaps, might be different than -- COMMISSIONER HENNING: It's 5.11? Page 162 June 6-7, 2006 MS. DESELEM: Yes, 5.11. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: I'm not there. COMMISSIONER HENNING: All the way to the back. MS. DESELEM: Oh, somebody just told me it's 210 of219. CHAIRMAN HALAS: That's correct. COMMISSIONER COYLE: Two ten of219. CHAIRMAN HALAS: Two ten of219. COMMISSIONER COLETTA: Two ten. MS. DESELEM: Hopefully this is what you're asking to have included to address the concerns from the airport. That was the intent of the language. CHAIRMAN HALAS: Proximity of property to the Naples Airport. That's 5.11; is that correct? MS. DESELEM: Yes. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Well, I guess -- I wish I could tell you that, but my page numbers have been stricken through and typed over and blurred to the point where I have no idea which page you're talking about. MS. DESELEM: If I may, I might-- COMMISSIONER FIALA: It's -- go to the next. CHAIRMAN HALAS: The last page. COMMISSIONER FIALA: Go to 8D and then go back one page. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: 8D, you know, so the next thing, and then go back one page. And on the bottom of the __ CHAIRMAN HALAS: The lower left-hand corner -_ COMMISSIONER FIALA: -- of the left-hand side. CHAIRMAN HALAS: Five eleven. COMMISSIONER COYLE: Okay. That's 215 out of219 in my Page 163 June 6-7, 2006 book. I don't know what it is -- MS. DESELEM: I don't have your book, so I don't know. COMMISSIONER FIALA: It's 5.11 down on the left-hand comer. COMMISSIONER COYLE: It's A, B, and C; is that what you're telling me? MS. DESELEM: Yes, sir. This was what we came up with between the County Attorney's Office, the applicants, and staff to address the concerns raised to make sure that all the issues were addressed, that there were easements recorded, that the Naples Airport got a copy of it, and that they were allowed the opportunity to review plans that came in. That would show compliance with items six and seven of their memo. COMMISSIONER COYLE: Okay. Now, does this -- and this is a question for the lawyers. Does this essentially provide a permanent and irreversible deed notification? MS. STUDENT-STIRLING: Because condominium documents can be amended, as was discussed, I think that it would not necessarily and that we might want to add the stipulation that the notice be placed in the deed. COMMISSIONER COYLE: Then why don't we make that four, or number D, as a stipulation? MR. ANDERSON: What about the avigation easement? Doesn't that qualify? MS. STUDENT-STIRLING: Well, it would be in the public records, but I think the avigation easement, you know, gives them the right to fly over, and I think putting it in the deed -- and they might not understand what that means. I think this makes it much more understandable to a purchaser. CHAIRMAN HALAS: Pretty clear. COMMISSIONER COYLE: Yeah. That's just for the air above the land. Page 164 June 6- 7, 2006 MS. STUDENT -STIRLING: That's right. It gives them the right to fly over. MS. DESELEM: Okay. Between the County Attorney's Office, we will come through with language for that. And then, I'm sorry, I didn't hear what you came up with to make sure that there's compliance with some architectural enhancement. My concern is is that staff will be reviewing this, and we need to make sure that they're in compliance with your vote, and the only way I can do that is to have something specific that I can measure. COMMISSIONER COYLE: Okay. Make it pretty. MS. DESELEM: If I might suggest-- CHAIRMAN HALAS: County Attorney? Can you help us out here? We want to make sure that we have this very clear. MS. STUDENT-STIRLING: I think so, but I'm going to defer back to staff to state what these items might be, because I'm not an expert in architectural design. But I do want to make sure what we put in the PUD document is something that's clear and concise and it can be implemented. CHAIRMAN HALAS: Exactly. COMMISSIONER COYLE: That's the problem. We haven't worked that out. And it's a good objective, but working the details out is something we haven't done yet. I would presume that the petitioner would be happy to work with staff in working out something that would be acceptable. CHAIRMAN HALAS: Well, I want to -- you ought to -- we ought to make sure that it's discussed, it's put on the record, so it does get into the PUD and not in, like a lot of cases, where we made a discussion but it wasn't in the motion and, therefore, it does not get into the PUD. MS. DESELEM: It I might offer some language. Perhaps we could offer the commercial standards for architectural renderings, commercial standards for architectural buildings as far as how projects Page 165 June 6-7, 2006 can project, and they have to have a setback distance within -- and windows so that you can't have blank walls. CHAIRMAN HALAS: This isn't going to look like a Wal*Mart . .? now, IS It. MS. DESELEM: No. That's just the idea, to keep it from looking like a big box building. COMMISSIONER COYLE: Sort of like -- sort of like that CVS pharmacy down there off Davis, very close by, with the painted on windows and things like that? CHAIRMAN HALAS: County Attorney? MS. STUDENT-STIRLING: I had a solution, perhaps, that would save us having to work it out here where you delegate the authority to the staff to achieve that objective that there would be architectural details that would soften the effects of the height and mass of the building, and that that's the objective, and you could delegate that authority to staff to work with the petitioner to develop that at the time of Site Development Plan review. CHAIRMAN HALAS: And will this be put into the PUD so it's MS. STUDENT -STIRLING: That will be put in the PUD document. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Okay. Suppose we recap this to make it clear to everybody. Okay. It's a motion to approve as submitted with the recommendations of staff and the Planning Commission A, B, C, and D, which -- and D will say, permanent and irrevocable deed notification, and E, an enhanced buffer between this property and the residential -- the single-family residential buildings adjacent to the property, and F, the petitioner will work with staff to develop architectural stylings or enhancements which will __ MS. STUDENT-STIRLING: Will soften the effects of the mass and height of the structure. Page 166 June 6-7, 2006 COMMISSIONER COYLE: Is that a legal term? Will soften the mass and the height of the structure, okay? MS. DESELEM: That's good. Thank you. COMMISSIONER COYLE: And that latter one will be delegated to the staff to make a determination, okay? COMMISSIONER COLETTA: My second. MS. FILSON: Are you finished? There's two speakers. CHAIRMAN HALAS: County Attorney? MS. STUDENT-STIRLING: Did you state the restriction about no building located in the four -- COMMISSIONER COYLE: I didn't, but that should be in there, okay. And no building would be located in that -- MS. FILSON: And 45 feet. COMMISSIONER COYLE: And a maximum of 45 feet from the finished elevation to the peak of the roof. COMMISSIONER FIALA: And better landscaping. Where did you put that? You said -- CHAIRMAN HALAS: He's already got that. COMMISSIONER FIALA: Oh, does he? Did he say that again? CHAIRMAN HALAS: Yeah. The landscaping and softening. COMMISSIONER COYLE: And I hope we're finished with this. COMMISSIONER COLETTA: And the second agrees again. MS. DESELEM: Thank you. CHAIRMAN HALAS: Okay. Is there any further discussion on this before I call for the vote? (N 0 response.) CHAIRMAN HALAS: Seeing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. Page 167 June 6-7, 2006 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Okay. And the motion carries. I think we had -- COMMISSIONER FIALA: Just one fast comment before you call the break. CHAIRMAN HALAS: Well, before I call a break, Ijust want to let people know that I believe that because of how long this particular item took, that we're going to have a number of land issues that are coming up, so we'll plan that -- we're going to work till about six, and then we'll break and then we'll reconvene tomorrow morning at nine. So I just wanted to let everybody know. COMMISSIONER FIALA: Okay. I just wanted to ask if this is okay with fellow commissioners. Where -- I never had this happen before where our Planning Commission gave us recommendations and then they were struck out by another organization who had nothing to do with us, and I would just like to say, if it's agreeable with all of you CHAIRMAN HALAS: We don't see that again. COMMISSIONER FIALA: -- we should prevent that from ever happening again. CHAIRMAN HALAS: Yeah. I don't want to see that again. COMMISSIONER COYLE: I don't think that's what happened. I think what happened was the Airport Authority brought this to the CCPC, and then there was a discussion and the staff then talked with the Airport Authority, and they tried to bring what was discussed in the CCPC meeting into conformance. And so the staff made changes to this based upon what they believe was discussed in the CCPC. It's very confusing. I'd prefer that we not do it. COMMISSIONER FIALA: Yeah. Page 168 June 6-7, 2006 COMMISSIONER COYLE: But I don't think any other organization did it. I think the staff was trying to give us an interpretation of -- COMMISSIONER FIALA: Well, then-- COMMISSIONER COYLE: -- what actually happened. COMMISSIONER FIALA: -- maybe they ought to have Planning Commission recommendations and staff recommendations. COMMISSIONER COYLE: It should be clear, yeah. CHAIRMAN HALAS: Yeah. Very clear. COMMISSIONER FIALA: Yes, thank you. MR. MUDD: You'll never -- you'll never see that again. COMMISSIONER FIALA: Thank you. CHAIRMAN HALAS: We're going to take a 12-minute break, okay . We'll be back here at about 3 :28. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager. The Board of County Commissioners is back in session from recess. Item #8D ORDINANCE 2006-29: PUDZ-2005-AR-8901: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., REPRESENTED BY LAURA SPURGEON, OF JOHNSON ENGINEERING, REQUESTING A PUD REZONE OF APPROXIMATELY 26.85 ACRES FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH AN AFFORDABLE HOUSING DENSITY BONUS. THE PROJECT IS Page 169 June 6-7, 2006 TO BE KNOWN AS LIBERTY LANDING AND IS INTENDED TO PROVIDE 162 AFFORDABLE HOUSING UNITS IN IMMOKALEE. THE SUBJECT PROPERTY IS LOCATED IN THE NORTH HALF OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST~ COLLIER COUNTY~ FLORIDA - ADOPTED MR. MUDD: Commissioner, this brings us to item 8D. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2005-AR-890 1, Habitat for Humanity of Collier County, Inc., represented by Laura Spurgeon of Johnson Engineering, requesting a PUD rezone of approximately 26.85 acres from the rural agricultural A zoning district to the residential planned unit development, RPUD, zoning district with an affordable housing density bonus. The proj ect is to be known as Liberty Landing and is intended to provide 162 affordable housing units in Immokalee. The subject property is located in the north half of Section 31, Township 46 south, Range 29 east, Collier County, Florida. COMMISSIONER COLETTA: If I may, I don't mean to interrupt, but I think this is an item that we have read quite well and we've got a great understanding on it. I would like -- you know, with the permission, of course, of the chair and my fellow commissioners, I'd like to see us go right to the people that may have to address the commission, and then we can ask questions and have a motion and move this thing forward. I mean, I'm quite familiar with it. Maybe I'm just presuming the my fellow commissioners are. But that would be my suggestion. CHAIRMAN HALAS: Well, I'd like to see us put a brief -- kind of a brief description on record so that people out there that maybe haven't -- are not familiar with this have an understanding of where we're at with this, and I believe we have one public speaker also. Page 170 June 6-7, 2006 So what we need to do is, I think we need to get some of it on record. Make it very brief, if you could. MS. SPURGEON: Okay. Do we need to swear in? CHAIRMAN HALAS: Yes. At this point in time, everybody that's going to be participating in this, please rise to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. And starting from my left, Commissioner Henning, do you have any disclosures on this, sir? COMMISSIONER HENNING: Yes. I received three emails on this proj ect yesterday. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: No. I have no disclosures. Oh, I did talk with staff on it. CHAIRMAN HALAS: Okay. Myself, I talked with staff, and I also had one or two emails on this, and they're located here. Commissioner Coletta? COMMISSIONER COLETTA: Yes. If you could, what's the item number again? CHAIRMAN HALAS: It's D. MR. MUDD: 8D. COMMISSIONER COLETTA: 8D? CHAIRMAN HALAS: Yes, sir. COMMISSIONER COLETTA: Okay. I received emails on this, and I've talked to people at the Immokalee Civic Association, talked to Floyd Crews, who's here in the audience. Other than that, I've had no other correspondence or calls. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: And I have no disclosure on this item at all. CHAIRMAN HALAS: Okay. Thank you very much. Please proceed. MS. SPURGEON: For the record, my name is Laura Spurgeon. Page 171 June 6-7, 2006 I'm a Planner with Johnson Engineering. I'm here representing Habitat for Humanity of Collier County. With me is Chris Hagen, also of Johnson Engineering, and Sam Durso, the President of Habitat for Humanity. The request is for rezoning of 26.85 acres in Immokalee. It's on the north side of Lake Trafford Road bounding the Lake Trafford Elementary School to the north and to the west. The site is covered by three different land use designations. Briefly those are primarily low residential allowing four units per acre. There's a -- the site is skirted on the east by mixed residential at six units per acre, and also a small area of neighborhood center applies to the site at 12 units per acres. Based on those applicable land use designations, the site is -- has a base density of 5.1 dwelling units per acre. This is a request with an affordable housing density bonus agreement to achieve six units per acre, actually 6.034. That would allow 162 units on this 26.85-acre site. This request is a fulfillment of the Ave Maria DRI resolution 05-235 which require -- has a stipulation that acreage be donated to Habitat for Humanity to accommodate at least 150 very low income dwelling units, so this request is for very low income, which is at or below 50 percent of the median income. Just to pinpoint our deviation request, we had a request for relief from the sidewalk requirement on both sides of the street going up the entry road; however, we've agreed to staffs condition that sidewalks be located along both sides of that entry road in order to accomplish having county maintained right-of-way. We would like to retain section 5.5.J in the PUD document, which is standard language establishing county maintenance of that right-of-way. Connect -- the right-of-way through Liberty Landing connects to county-maintained right-of-way to the north in Independence as well as to Lake Trafford Road along the south. Page 1 72 June 6-7, 2006 And also there's a staff stipulation that garages be required, and those garages further have dimensional requirements and a restriction against conversion. We would request that the standard language that garages be required, which has also been included in other PUDs for Habitat for Humanity projects, be limited to that only, garages shall be required. And finally, there's a stipulation that the issuance of COs in the Liberty Landing project be contingent upon completion of a county drainage improvement to the Fish Branch Creek. In discussions with the stormwater project director, Gene Calvert, that project is proposed, but funding has not been approved yet, and the final design is not complete yet, so tying the COs at Liberty Landing is a little nebulous as far as when the actual stormwater improvement proj ect that the county has proposed would actually be complete. We'd like to tie a date certain to say, completion of the Fish Branch Creek proj ect or April 1, 2007, whichever comes first, then COs could be issued at Liberty Landing. Those are the only issues we wanted to address with staff recommendations. We had -- we do a staff recommendation for approval an a unanimous Planning Commission recommendation for approval. And with that, I would take any questions. CHAIRMAN HALAS: I have a question. You stated something in the transportation division of -- one of the stipulations by the Planning Commission is that the transportation division reserves the right to deny maintenance responsibilities of right-of-ways as stipulated by staff. Did you have a concern with that? MS. SPURGEON: That comment was generated by the request for a deviation where we would not need a sidewalk along one side of the street, and therefore, it would not be a code standard right-of-way construction. Since we've agreed to follow all code standards as far as Page 173 June 6-7, 2006 right-of-way construction, we feel that it's appropriate that that be removed, that there should not be the reserving the right to deny when the commitment has been made bate applicant to follow all of the code standards in right-of-way construction. CHAIRMAN HALAS: Do you know what some of the concerns were because of what the Planning Commission -- why they put that particular item in there? MS. SPURGEON: It was consistent with staffs recommendation, and staffs recommendation was generated by the original deviation request that we had to eliminate a sidewalk on one side of a street. CHAIRMAN HALAS: Thank you very much. Do I have any other questions from my fellow commissioners before I open up the -- open this up for public hearing? Commissioner Fiala? COMMISSIONER FIALA: Yes. I like the project. I think it's good, but I have two problems. The first one is the sidewalk. Do we have sidewalks throughout the entire facility? MS. SPURGEON: The commitment is there to provide sidewalks throughout the facility. That's a 120-foot long private access drive on the northwest corner of the site that only accesses four units, and that being a narrow private access, the request there is to only have one sidewalk along that accessway. COMMISSIONER FIALA: But there are sidewalks throughout the rest of the -- MS. SPURGEON: Correct. COMMISSIONER FIALA: Okay. I didn't -- I didn't quite understand that, and I thought you were only talking about a sidewalk in the entryway. But you're talking about the whole place? MS. SPURGEON: We've committed to have sidewalks through the whole project. COMMISSIONER FIALA: Okay. The second thing is there Page 174 June 6-7, 2006 was a neighborhood meeting, and some of the problems that they had were noise at night and weekends, but then further in the body of this, it says, adequate landscaping buffers will serve to decrease potential noise impacts, yet you're trying to reduce the regular landscape buffer of type B down to a type A, so I don't know that that's actually going to protect the neighbors after all if you're just using -- that's a very, very minimum landscaping buffer. And so we've promised here that we would protect them from that, and then we're trying to reduce it. MS. SPURGEON: The reduction actually only occurs on the east side of the property, and that's where there's no development at this time. It's -- so all the buffers are meeting code except for that one eastern extent of the property where there were no neighbors. COMMISSIONER FIALA: Could you show me on the map where -- are there going to be neighbors there, or is that not of concern? I see. MS. SPURGEON: It's that eastern area, and I don't know the plans for development there. DR. DURSO: For the record, Dr. Sam Durso, President of Habitat for Humanity. It's my belief that that land there is going to be donated to the school. The school's going to have that land eventually. They'll eventually put another school -- they're going to put a second elementary school there. COMMISSIONER FIALA: Okay. And above that, not on the eastern side then where you just mentioned, but above that it shows type A buffers also, but you really mean type B's? MS. SPURGEON: No. We're meeting the code standard for type A buffers along the north, and the only neighbors to our north is another Habitat for Humanity project. So they're compatible and they would not require additional buffering above the code standard. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I have several questions, Page 175 June 6-7, 2006 but I'll be brief. The Collier County Planning Commission, I think rightly so, recommended that a garage be included. What kind of impact will that have on the proj ect as far as who can qualify? DR. DURSO: You know, we have been doing garages at our current Naples project. We just started doing it, okay. Personally I don't have a strong opinion whether we do garages or not. We were asked by the planning board to do garages on that project. We're trying it out. We're going to see what it's like. The house looks great. Some of you commissioners have been out and seen it. We think the house looks real good. If the intention of the garage is to get cars off the road, I don't know if that's going to work. We're not going to be able to find out until we've been in there for a year or so, okay? But we're more than happy to put garages here. It does cost us more money, okay, but we -- because we raise money from private donations, it's not going to affect who can afford the house. COMMISSIONER COLETTA: Okay, fine. DR. DURSO: But they're going to cost us more money. It's going to cost us probably 8- to $10,000 more per house, but we're still going to be selling it to people making less than 50 percent earned Income. COMMISSIONER COLETTA: It will blend in better with the neighborhood. DR. DURSO: We think it will. Let's try it. And you know, we'll judge later on. I mean, we could come up with a plan without the garage as well. But we'd like to try this as our standard plan in Naples and Immokalee, build the same house, the attached villa with the garage. COMMISSIONER COLETTA: Okay. Dr. Durso, there was mention about the -- some concern about the garages being turned into additional living space to be possibly rented out. Of course, you have Page 176 June 6-7, 2006 an association you put in place in each one of these places that -- DR. DURSO: It's against the law to do that anyways. You can't turn a garage into a living space without a permit. You know, we have condo docs. that -- I mean not -- homeowners' association documents that don't allow that as well. So we don't really want to have another thing that says you can't do it. It's already -- you've already got county law that says you can't do it, out homeowners' association documents that say that they can't -- they can't change the house without our permission. So we just don't want to add it. We don't want to be in there a third time. COMMISSIONER COLETTA: I understand. The -- tell me also too now -- I'm sorry to keep bringing it up about the sidewalks. I think that we've discussed it quite a bit, but I just want to make sure I understand. We're talking about the internal sidewalks will all be in place. DR. DURSO: Right. COMMISSIONER COLETTA: The external sidewalks, on the road on the side that the proj ect faces Lake Trafford Road -- DR. DURSO: There'll be sidewalks there. The only sidewalk that we wanted -- I wanted to get rid of was the sidewalk as you look -- as you look at the piece, to your left. The only thing to your left is two single-family homes on 25 acres. I thought I was doing them a favor by eliminating that sidewalk. That sidewalk, nobody's going to use. It's a total waste. COMMISSIONER COLETTA: Go to the school. The children will have sidewalks all the way to the school. DR. DURSO: Oh, absolutely. And we've interconnected this proj ect with Independence as well, so the kids from Independence are going to be able to walk through this project to the school, and there'll be an access, a pedestrian walkway, from our project into the school. COMMISSIONER COLETTA: Would you be so kind as to just touch the map that's on the display unit there; show us where the Page 1 77 June 6-7, 2006 sidewalks would go, from where to where. DR. DURSO: Lake Trafford Road is down here -- Lake Trafford Road is down here. You come in off of Lake Trafford Road. The school is right in here, okay. And then there's going to be some houses along here, and then it comes in with a big circle around here and a lake. And then right above us here is Independence, so we have 150 Habitat homes in this area above it. So this is going to be a great interconnect into this subdivision above it. We had to take out one of the lots in Independence, but we're going to do that so we have that. COMMISSIONER COLETTA: Okay. DR. DURSO: But the school is -- the school is right in here. And I believe there'll be a future school back in here. COMMISSIONER FIALA: And sidewalks __ COMMISSIONER COLETTA: So the sidewalks will exist-- DR. DURSO: There's sidewalks everywhere. There's sidewalks on both sides of this entry road and there's sidewalks on both sides of the circle. COMMISSIONER COLETTA: Well, why was one of the concerns of the residents about sidewalks or school children walking to school? DR. DURSO: I have no idea. COMMISSIONER COLETTA: Okay. Well, we possibly might find out -- CHAIRMAN HALAS: From staff. COMMISSIONER COLETTA: -- from Mr. Crews when he comes up. And also, too, the -- there was mention of noise at night and weekends. Do you -- has there been a problem with this in other Habitat communities? DR. DURSO: We do the best we can. You know, as you know, we're the biggest Habitat in the country. We maintain a relationship Page 178 June 6-7, 2006 with our families forever. They all come into our office to pay their mortgage, so we know our families. We have tremendous homeowners' associations that are models that are used throughout the country. You know, are there problems? There's always going to be problems. We take care of the problems when they happen, you know. COMMISSIONER COLETTA: And I'm a little bit concerned, and I -- you explained it once. I need it explained again so that I truly understand it. It didn't make sense the first time, that transportation reserves the right to deny maintenance responsibility of the right-of-way. What are they denying? Is this something that they don't normally do and they're just going to do it for Habitat? DR. DURSO: No. I think they're trying to do that for everybody now. They'd rather not take responsibility for the roads. But if we build the roads to county standards, we would like the county to accept them. COMMISSIONER COLETTA: I would assume so too. I'd like transportation to address it. Because I mean, I know Orangetree, we built the roads, and -- they built the roads and they turned them over to the county to accept responsibility, and it's been true with most of the homes through that whole area. DR. DURSO: And they -- they are going to -- you are going to accept maintenance of Independence, which is the other subdivision right next door, so -- COMMISSIONER COLETTA: Why would this be different? DR. DURSO: I have no idea. COMMISSIONER COLETTA: Somebody from transportation or somebody from planning? CHAIRMAN HALAS: We can have staffprobably address this in their presentation. COMMISSIONER COLETTA: Well, I mean, I think questions follow in a logical order. I don't care if it's staff or if it's -- who, but I Page 1 79 June 6-7,2006 do want an answer to it. MR. SCOTT: Don Scott, transportation planning. The issue was raised specifically because at one point the sidewalk was going to be left off on the eastern side of the roadway entering in, and one of the concerns that we've always raised is having roads built to standard __ we'll accept roads built to standard. If they're not built to standard, we're trying to be more selective, because later on it gets on us, essentially, to go out there and improve the road back to standard. And there's always a stipulation, even for like roadway thickness. If someone goes out and puts a half inch of pavement and says, go and take our road, that's not what we're going to do. So we always have that stipulation. As it's shown right now, it is to standard and we would accept it as long as -- COMMISSIONER COLETTA: Can we remove that? MR. SCOTT: -- it's to -- COMMISSIONER COLETTA: If it's up to standards, if it's going to be built to standard, can we remove this clause? Because I'd hate to see this one community have to carry the burden from now on out when every other neighboring community is exempt from having to maintain their own roads. I'm kind of lost why this -- I mean -- they're meeting -- they're going to meet the requirements to be a county-maintained road, correct? MR. SCOTT: If they build it according to the way they've said, yes. COMMISSIONER COLETTA: Why do we want this particular wording in here that makes them still responsible to build it, to maintain it? MR. SCOTT: Well, my only qualification to that is, fine. They're saying they're going to build it like this. If they go out later on and say, here's an inch of pavement and here's your road, that's not Page 180 June 6-7, 2006 going to be something we'll accept. COMMISSIONER COLETTA: I'm sorry. I'm asking the question the wrong way. MR. MUDD: Don, why can't we change the verbiage so it states, the county transportation will accept the road when it's at county standards? MR. SCOTT: That's fine. MR. MUDD: Okay. And when that happens -- and it's in a very positive way instead of negative way, and I think that's what you want. COMMISSIONER COLETTA: Because I'm looking 15,20 years down the road when this community, all of a sudden, why do we have to maintain our road? Why do we have to put the next coat of blacktop down? We're paying our taxes just like anyone else. MR. MUDD: Commissioner, I believe with that change, you'll get what you want, and I believe it will get what transportation is requiring of all developments. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: My question related to the same thing. We're saying in recommendation number two exactly what we talked about, but then it goes on to say that section 5.5.J shall be removed from the PUD document. Now, I don't understand that because 5.5.J says that operation and maintenance of driveways, private right-of-way, and other pathways shall be operated and maintained by an entity created by the developer. Why would we remove that from the PUD document? And that's a question for staff. MS. WILLIAMS: Your version of the PUD document -- I'm sorry. For the record, Heidi Williams, Principal Planner, Zoning and Land Development Review. Your version of the PUD document may be different from that Page 181 June 6-7, 2006 citation. The original 5.5.J stated that, due to the interconnection with the county maintained right-of-way __ COMMISSIONER COYLE: Yeah, but go to the last sentence. MS. WILLIAMS: The concern was that that section would create an internal conflict with the stipulation that the county reserved the right to deny maintenance. Perhaps, it should not have covered the entire point, and just -- it should have covered just the section about the county maintaining the roadway; however, it appears that the county does accept -- COMMISSIONER COYLE: No, the county hasn't accepted it. The county will accept it only if it's built to county standards, and the county's willing to accept that. MS. WILLIAMS: Right. COMMISSIONER COYLE: So if it's built to county standards, the county will accept it. But the second sentence in that provision says, the operation and maintenance of driveways, private right-of-way and other pathways shall be operated and maintained by an entity created by the developer. We're not going to maintain driveways. MS. WILLIAMS: No. COMMISSIONER COYLE: Okay. MS. WILLIAMS: I understand that. And actually that is redundant to the Land Development Code. It's in there, and removing it would not require that the county maintain the driveways. COMMISSIONER COYLE: Where is it in the Land Development Code then? MS. WILLIAMS: I don't have the citation in front of me, but it is in there. COMMISSIONER COYLE: Okay. Because if it's not, you know you're going to be maintaining their driveways. MR. CASALANGUIDA: Commissioners, for the record, Nick Casalanguida. That is typically a stipulation that's in for private Page 182 June 6-7, 2006 PUDs. That should be stricken from that record. That last sentence should not be in there. COMMISSIONER COYLE: There is a provision somewhere else then that says we don't maintain driveways? MR. CASALANGUIDA: We don't maintain driveways by code. It's private property. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: So we would not. That section's in there for private PUDs. If the petitioner has offered up to provide the sidewalk and meet typical county standards, we would accept the roadway, so that sentence should not be there. COMMISSIONER COYLE: Okay. So eliminating 5.5.J from this PUD -- MR. CASALANGUIDA: Second sentence. COMMISSIONER COYLE: -- document is okay? Now, you're going to be -- CHAIRMAN HALAS: Held liable. COMMISSIONER COYLE: You see, you're suggesting -- that is staffs recommendation is to eliminate the entire 5.5.1. MR. CASALANGUIDA: No, sir. The second sentence of that, and then qualify the first with what County Manager stated, that if it meets typical county standards, we'll maintain the roadways. MR. MUDD: So you're basically saying strike the sentence and the recommendation number two that says that section 5.5.J shall be removed from the PUD document. Is that what you're telling them? MR. CASALANGUIDA: You could keep J in there and strike the second sentence and qualify it as you did, sir, County Manager, by stating that if it meets typical county standards, we would accept that roadway. COMMISSIONER COYLE: Then we have to make changes to two things then. You have to make changes to 5.5.J by striking the last sentence, and then you have to make changes to the staffs Page 183 June 6-7, 2006 recommendation number two by striking the statement that section 5.5.J. shall be removed from the PUD document, and then you need to reword the first sentence to say that the county will accept responsibility for maintenance of the roads if the roads are constructed to county standards. MR. CASALANGUIDA: Exactly. COMMISSIONER COYLE: We got it right now? MR. CASALANGUIDA: That would -- that would solve the problem. COMMISSIONER COYLE: All right. Thank you. DR. DURSO: The lesson I learned is, we will definitely put sidewalks on both sides of the streets always. I mean, I thought it was a good idea not to do it in the one place, but I confused everybody. MS. SPURGEON: And I also want -- just for the record, I want to point out that section 5.5.B states everything we've just talked about. It says that all traffic control devices, signs, pavement markings, and design criteria will be in accordance with FDOT Manual of Uniform Minimum Standards, and that all other improvements will be consistent as required by the LDC. So that's covering the improvements that have to do with transportation. COMMISSIONER COYLE: I'm not sure. It seems to me that that pertains to improvements of the roads themselves to have traffic control devices and lines and things, but not necessarily construction standards of the road or the curbing or anything of that nature. I think those are two different things. But I think we've got it sorted out. But there's one other thing. I wanted to get at your other concern about the date certain for the stormwater improvements, and I need somebody from staff to deal with that for me. MR. MUDD: Commissioner, it says in here that it will be completed in the fall of 2006. And I was on the phone when she brought it up, they needed time certain. Let me give you a time certain. You can't have a CO -- and we'll have the proj ect before __ Page 184 June 6-7, 2006 completed before July of 2007. Does that fit okay with you? DR. DURSO: That's fine. We don't need a CO till July 2007. So change it from April to July 1st of2007. That's fine. COMMISSIONER COYLE: Okay. Then I've got it. I'm ready. CHAIRMAN HALAS: Okay. Could we have the presentation by staff, please, and then we'll call the public speakers up. MS. WILLIAMS: Okay. Again, for the record, Heidi Williams with zoning and development review. Just a few things. We've gone over the deviations. They, as revised, are supported by staff. The Planning Commission was unanimous in its recommendation to approve. They had five stipulations for approval. We've gone through some of the differences. They are very close to the five recommendations by staff. We've fully discussed 5.5.1. The garage, should you choose that the stipulation regarding garage remain, staff added to that stipulation with some development standards to make it easier to implement that provision to clarify what the Planning Commission recommended. And other than that, I'm happy to address any questions. CHAIRMAN HALAS: Okay. Are there any questions by commissioners? (No response.) CHAIRMAN HALAS: If not, thank you very much for your presentation, and we'll open the public hearing up. MS. FILSON: Mr. Chairman, I have one public speaker, Mr. Floyd Crews. CHAIRMAN HALAS: Okay. MR. CREWS: My name is Floyd Crews. I'm from Immokalee. I want to thank all you all for approving the previous project with the workforce housing over here in Naples. That is a -- I'm glad to see it. We get plenty of it in Immokalee. Maybe between all of us we're going to make some marks in Immokalee. Page 185 June 6-7, 2006 But my problem is, we don't have enough roads, and they're going to dump all of that traffic out onto Lake Trafford Road. The project to the west of it dumps out into Lake Traffic Road. Arrowhead, right directly across from the school, dumps out into Immokalee Road. And as Commissioner Henning can tell you, we've tried to get roads through MSTUs, and we don't have the tax base. How do we get some roads? Now, whenever they come over there -- what we need is for them to use an alternate route and not put all the traffic on Lake Trafford Road. And however that can be done -- but I am well in favor of the Habitat people. They've done a good job for the last, oh, 22 years I've been working with them. That's all I got to say. CHAIRMAN HALAS: Okay. Thank you very much. Commissioner -- MR. CREWS: Thank you all. CHAIRMAN HALAS: -- Coletta. MR. CREWS: And thank you all. COMMISSIONER COLETTA: Don Scott? It doesn't come as a surprise that there's a concern in Immokalee over the lack of a real network. We make fun of Golden Gate Estates occasionally for not having interconnecting roads, but that's unbelievably well laid out compared to Immokalee with as many private roads and dead-ends. And Lake Trafford Road has been an issue for some time. What are some of transportation's plans in the near and distant future to be able to remedy some of the problems at that end of Immokalee? MR. SCOTT: Near future, Arrowhead has some commitments to meet on Lake Trafford. There's more paved shoulders and intersection improvements at Lake Trafford. The last conversation I had with them is they were out doing survey work to move forward on that. Page 186 June 6-7, 2006 Longer term, we've talked about connections of -- you know, one of the concerns is Lake Trafford out to the east, there is no other way in and out. We've had some discussions about Westclox being extended over to Little League Road, also a north/south connector between Lake Trafford and State Road 82. Some of those -- they're not programmed at the moment. Some of them are -- like the school is talking about making the first little connection of Westclox out. Some of them are in various stages of development based on whatever developer comes forward in some of the process out there, let alone the east of 951 study and some of the identified roadway in those areas. They're not as quick as the Immokalee area would like in some respects. I've worked with the Immokalee Master Plan regarding, you know, Immokalee loop road and some of the other issues, we are working on various new roadways and widening of existing. COMMISSIONER COLETTA: There's -- is there -- there's no real magic bullet out there at the moment? MR. SCOTT: No. I mean, one of the things we talk about, talk about Immokalee loop road, is that, how fast can we get it? And it's about eight to 10 years, unfortunately, because it's just supposed to start PD&E fairly soon. Same with State Road 82. One of the things that's been said is, if we have all the money we need, how fast is it? It's still eight to 10 years. I mean, we're at the beginning of the stages that we need to be for some of these things, but unfortunately it takes some time. COMMISSIONER COLETTA: I didn't mean to interrupt you, but we do have some major players coming in in Immokalee in the very near future. I kind of hope that one of the requirements for them to even consider a PUD -- and I mean, what's the one there-- MR. SCOTT: Seranoa (phonetic). COMMISSIONER COLETTA: Seranoa, which is going to be how many homes, they're talking about? Page 187 June 6-7, 2006 MR. SCOTT: Six thousand, I think, was the last count I heard. COMMISSIONER COLETTA: What commercial area-- CHAIRMAN HALAS: We'll get some roads out of them. MR. SCOTT: It's a DR!. It's a DR!. COMMISSIONER COLETTA: Ifwe could -- I mean, I'm not going to commit the civic association in Immokalee, but we, maybe through Jim Mudd's office, we might want to talk about having the civic association deal with the road situation. They've done it before, and we've got to do it again and again and again. But possibly in September or October, dedicating their meeting to it, we can go there with -- give them some idea of where we are, where the problems are, and then let the community interact at the appropriate times when people come forward with PUD demanding what we need to be able to make it happen. MR. SCOTT: Well-- COMMISSIONER COLETTA: Regrettably, Habitat for Humanity is a little small on the size and definitely in the pocketbook to be able to underwrite the cost of any substantial road improvements. I mean, that would be the same as saying, you can't go, if we ever made it a requirement. MR. SCOTT: Well, after my negative speech, I'd follow up to say, you know, obviously Immokalee Road, we were going to start the PD&E, and that was going to be 10 years out. Oil Well Road now is as close as 2007 starting construction. You can cut a lot of the phasing -- you know, a lot of time throwing out right-of-way, obviously getting donated right-of-way. There are ways to speed it up, but we need commitments from other people, too, besides ourselves. COMMISSIONER COLETTA: And that's true. There's a lot of landowners there, especially with the -- MR. SCOTT: That's correct. COMMISSIONER COLETTA: -- interconnect to 82 who have a Page 188 June 6-7, 2006 lot to gain. And maybe what we do have to do is have that meeting with the civic association and invite them to it and see if we can start people going towards a commitment so we can see the light at the end of the tunnel -- MR. SCOTT: Yeah. COMMISSIONER COLETTA: -- per your suggestion now, and I'll talk to Anne Goodnight and some of the people from the civic association, and then with Jim Mudd's office to see if we can arrange for transportation to come in and start addressing it. Sorry, Mr. Crews, I wish that we could tell you that the solution was going to take place next week, but obviously -- MR. CREWS: I know, I hear you. COMMISSIONER COLETTA: I know, and it's -- I know, but thank you very much for taking the time to come. And with that, I'd like to make a motion for approval with the stipulations that have been mentioned. CHAIRMAN HALAS: Okay. I'm going to close the public hearing. Is that the last public hearing person? MS. FILSON: Yes, sir. CHAIRMAN HALAS: Okay. I'm closing the public hearing. COMMISSIONER COYLE: I'll second. CHAIRMAN HALAS: Okay. We have a motion on the table from Commissioner Coletta and a second by Commissioner Coyle. COMMISSIONER COYLE: Could I ask, Mr. Chairman, if the motion includes the staff recommendations and the changes to strike the last sentence of recommendation number two and to strike from the PUD document the last sentence of section 5.5.J? COMMISSIONER COLETTA: That was included in my motion. COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: Okay. That's included in your second, Page 189 June 6-7, 2006 Commissioner Coyle? COMMISSIONER COYLE: Yes, it is. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER COYLE: And I'm sorry, the addition of a July 2007 time certain for certificates of occupancy. MR. MUDD: For the stormwater. COMMISSIONER COYLE: Stormwater. COMMISSIONER COLETTA: That's also included. CHAIRMAN HALAS: All right. Commissioner Henning. COMMISSIONER HENNING: Does that include the sidewalk? COMMISSIONER COLETTA: The sidewalks is laid out on the plan as we see it in front of us now. COMMISSIONER HENNING: That's a roadway. Where's the sidewalk? COMMISSIONER COLETTA: I'm sorry. Forgive me. The sidewalks, from what I understand, go around the whole perimeter of the inside of the property and also continue on the outside of the property . Is that correct, Mr. Durso? DR. DURSO: The roads and sidewalks will be built to county standard, which means there will be a sidewalk on both sides of the road. COMMISSIONER COLETTA: And if that isn't done, of course, they wouldn't be able to get the approval, but that's not the recommendation, but the direction of the motion. COMMISSIONER HENNING: What about the garage stipulations? COMMISSIONER COLETTA: Well, that was part of the original recommendations that came forward and, of course, they remain along with the other elements of the Planning Commission and staff recommendations. COMMISSIONER HENNING: Okay. So the garage standards Page 190 June 6-7, 2006 are bigger than the other Habitat communities? That's what I'm hearing in the motion. DR. DURSO: We'd rather not have item four, which says each dwelling shall have a garage that's a minimum of nine feet by 18 feet, and it also says, garages are prohibited from being converted to living space. In actuality that -- the size is correct. That's the size we would be making them, but I really don't want to have that clause saying prohibitive from being converted to living space, because I don't think that's put into anybody else's garages. And so I wouldn't want it to be put -- why would Habitat communities have that restriction? I mean, it's county law. You can't do it anyways. COMMISSIONER COLETTA: I agree. COMMISSIONER HENNING: Picking on you. DR. DURSO: We don't think we should have a separate specific restriction because they're Habitat homeowners. COMMISSIONER COLETTA: My motion includes striking that part of it, with the idea that county codes and laws and ordinances already cover it. DR. DURSO: But garages will be required. We're happy with that. COMMISSIONER COLETTA: That's for sure. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: I'm okay. CHAIRMAN HALAS: Have we got everything included in the motion? Is everybody clear on the motion or should we restate the motion? COMMISSIONER COLETTA: No, no. We're clear. CHAIRMAN HALAS: You sure? All right. Is there any further discussion? (No response.) CHAIRMAN HALAS: Page 191 June 6-7, 2006 Hearing none, I'll call the question. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Item #8E ORDINANCE 2006-30: PUDZ-A-2005-AR-8918, PALERMO COVE PUD, ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE, INC., REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING AN AMENDMENT TO PALERMO COVE RPUD, BY ADDING MULTIPLE F AMIL Y RESIDENTIAL DWELLING UNITS AS A PERMITTED USE FOR PROPERTY LOCATED NORTH OF WOLFE ROAD, WEST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST~ COLLIER COUNTY~ FLORIDA - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 8E. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZA-2005-AR-8918, Palermo Cove PUD, Elias Brothers Communities at Raffia Preserve, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates P.A., requesting an amendment to the Palermo Cove RPUD by adding multifamily residential dwelling units as a permitted use for property located north Page 192 June 6-7, 2006 of Wolfe Road, west of Collier Boulevard, which is County Road 951, in Section 34, Township 48 south, Range 26 east, Collier County, Florida. CHAIRMAN HALAS: Okay. All those that are going to testify, would you please stand to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. And starting from my right, Commissioner Coyle, do you have any ex parte on this particular item? COMMISSIONER COYLE: Yes, I do. I have had meetings with representatives of the petitioner. I've also received emails and telephone calls concerning this petition. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Last Monday I met with Rich Y ovanovich and Wayne Arnold, and I received a phone call from Rich Y ovanovich. CHAIRMAN HALAS: Okay. Myself, I've received emails and talked to staff about this particular project, and I believe that that's -- that covers the area of concerns with me. Commissioner Fiala? COMMISSIONER FIALA: We actually met on this subject once before, I don't know, maybe last year already, so we were pretty well versed on it then. Plus this past week, or somewhere within the last week, week and a half, I met with Wayne Arnold and Rich Y ovanovich, and I've also met with staff. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Nothing on this new petition at all. CHAIRMAN HALAS: Okay. Thank you very much. Rich? Your turn. MR. YOV ANOVICH: Thank you. Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner. Page 193 June 6-7, 2006 With me today are Gary Gasparini and Doug Nelson from Elias Brothers, Wayne Arnold and Mike Delate from Q. Grady Minor and Associates, and Reed Jarvi, to answer any question that you may have that I may not answer in my brief presentation. This is an existing PUD that went through the process last year. It's located on the visualizer on the west side of County Road 951, Collier Boulevard, just north of Vanderbilt Beach Road. It's approximately 131 acres, and it's an -- the existing is for 524 units. What we're requesting today is to amend the PUD to add a different permitted use, or another additional permitted use, which would be multifamily as a permitted use. Currently the PUD allows for single-family and single-family attached, but does not allow for the typical multifamily product. It does allow for townhomes, but it does not allow for a typical multifamily product. The request is to -- there are a lot of townhome products in the area, and we would like to provide an opportunity for varying the product within our -- within our project and not necessarily provide as many -- Summit Place is a townhome project, and Bristol Pines across the street is a townhome product, and we'd like to vary it up a little bit by providing some multifamily product. By going to multifamily, it actually allows us to provide a little bit larger units than we would provide under the typical townhome product, so there's a benefit there as well by allowing the addition of multifamily. If you will recall -- and I'll briefly take you through the history of the project, this was probably the first project that comprehensively addressed both gap housing and affordable housing. It actually, I think, is the product -- that project that coined the phrase gap housing. This project is required to provide 10 percent of the constructed units to meet the 125 percent or less threshold, which is actually lower than what was recently adopted by the Board of County Page 194 June 6-7, 2006 Commissioners. We also have already contributed $250,000 to the Empowerment Allowance, and donated five acres to Habitat for Humanity. So we originally addressed all those types of issues. Currently access is limited to Pristine Drive, which on the visualizer, basically runs from Vanderbilt Beach Road -- it runs down through here. It runs from -- it basically runs from Vanderbilt Beach all the way up to our project, and that's known as Pristine Drive, which is currently under construction. The way the PUD currently reads is that we're prohibited from allowing any traffic onto Collier Boulevard, which at the time we went through it originally, everybody acknowledged was a road that needs to be six-Ianed as quickly as possible. It originally provided that we would not put any direct connection to Collier Boulevard until early year of completion of Collier Boulevard, or October 1, 2007. As we were going through the process with this requested amendment, we agreed with the Planning Commission to prohibit a direct connection of the project with 951 until the completion of Collier Boulevard. What that means is that our project will have access through Pristine to Vanderbilt Beach Road, which is already under construction. So we've agreed to that condition, except for two -- well, we would like two circumstances when we could actually interconnect the project to Collier Boulevard. First, emergency access, and the Planning Commission agreed that emergency access would be appropriate for connection to Collier Boulevard. Second, we believe that construction traffic should also be able to use Wolfe Road. Essentially, we have trucks that are going to be coming from Immokalee Road heading south. Under the Planning Commission's requirements, those roads -- those trucks would be Page 195 June 6-7, 2006 required to travel all the way south on 951 until they got to Vanderbilt Beach Road, go through the intersection of Vanderbilt Beach Road by taking a right, then going to Pristine, and then going back north to get to the project to deliver whatever they're delivering with their construction. To us it didn't make any sense to force trucks to stay on 951 for a longer period of time when they could get off 951 at Wolfe Road. We understand the concern for trucks coming from the south, but trucks coming from the north we didn't understand the concern. If they're coming from the south, they'll get to Vanderbilt Beach Road, they can take the left, go up Pristine Drive; we understand that. They're actually getting off of 951 quicker that way. But you're actually requiring them to stay on 951 longer if they're coming from the north. And we request that we be allowed to have construction traffic use Wolfe Road for construction access. It's already being utilized as construction access for -- it will be used for Sonoma Oaks, Wolfe Creek, and currently is being utilized by Summit Place. So it's already -- Wolfe Road is already being utilized for those purposes. We had a neighborhood information meeting and met with the residents in the area. There were some residents from Indigo Lakes, which is basically in Island Walk, and also -- I'm sorry, Indigo Lakes is north of us, and we had residents from Island Walk, but they didn't raise any issues, and Summit Place. Their primary concern was not with what we were adding, but they just were concerned about where the three-story buildings would be if we built three-story buildings. And we agreed to a provision that's in the PUD that would prohibit any buildings taller than two stories from being within 200 feet of our border with Indigo Lakes and Summit Place, so I think we addressed the concerns of our neighbors in that area. With that, that's a summary of what we're proposing. The actual Page 196 June 6-7, 2006 conversion to -- what we're proposing, I believe, actually better addresses traffic issues in the area than the current PUD does, and actually by going to multifamily, they do generate less trips than single- family generates. And with that, we're able to answer any questions you may have regarding the project. CHAIRMAN HALAS: The only question I have is staff couldn't give me a good definition of what intermediate gap housing units is. Can you elaborate? MR. YOV ANOVICH: Sure. The PUD -- the PUD is very explicit. It talks about, you have to make less than 125 percent of the median income. And we actually have a provision in our PUD that requires that it stay gap housing for 15 years. So our gap provisions are tailored to the county's affordable housing provisions. So essentially -- but -- so they're applicable to people who make 125 percent or less of median income. CHAIRMAN HALAS: A hundred and twenty-five percent down to what, 80 percent? MR. YOV ANOVICH: They'd go down to as low as we want to. They have to make less than 125 percent. That's the current -- now the county's current definition is less than 150 percent. CHAIRMAN HALAS: Okay. Who's first on there? MR. MUDD: Commissioner, I'm going to read from a letter on 23 November, 2005 that I received from Elias Brother, and basically to answer your question. The PUD included a requirement for 10 percent of the proposed units to consist of gap housing units which are homes for sales to those who earn between 100 and 125 percent of the Collier County median family income. CHAIRMAN HALAS: Okay. MR. MUDD: And I believe that's the definition. CHAIRMAN HALAS: Okay. I appreciated that definition. Commissioner Fiala? COMMISSIONER FIALA: Yes. That's just great because Page 197 June 6-7, 2006 nobody's building that. They always go for the high end of everything. I'm really pleased to hear that. I want to know, with the multifamily, how are you going to -- how are you going to intersperse that? You're not going to put all, like, gap housing shoved in a corner here and -- MR. YOV ANOVICH: No, they'll be -- they'll be interspersed with the market rate units. COMMISSIONER FIALA: Okay. So they'll all be interspersed. Do you have any idea of what it's going to look like? Do you have some kind of a -- MR. YOV ANOVICH: I do have some -- what our conceptual renderings are today. COMMISSIONER FIALA: Yeah. MR. YOV ANOVICH: If that -- COMMISSIONER FIALA: If you have, I would just love to see that. And while you're doing that, will any of the single-family homes be in that gap price range? I know they won't, but I thought I'd ask. MR. YOV ANOVICH: Well, on the visualizer you'll see what is the current rendering of an eight-plex, and we also have a rendering of a four-plex that we'll put up as well. Your stand-alone single-family homes will not be within the gap price ranges. We just can't bring the price down low enough to do that. COMMISSIONER FIALA: I kind of knew that, but I thought I'd just ask. MR. YOV ANOVICH: But that is -- that's an eight-plex that we may build, and then we have a four-plex that I think is underneath that. COMMISSIONER FIALA: That's beautiful looking. By the way, for anybody who is asking, they have some of those architectural features over there. MR. YOV ANOVICH: And then here's a four-plex that we're Page 198 June 6-7, 2006 also considering for the multifamily. COMMISSIONER FIALA: Nice looking, Rich. MR. YOV ANOVICH: So we're -- it's going to be a nice product. I think people know Elias Brothers. They build a nice product. COMMISSIONER FIALA: That's all my questions. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Can you share these elevations with the people who are going to do the Meridian village? MR. YOV ANOVICH: Did you say sell them or share them? COMMISSIONER COYLE: You could share them, would be nice, depends on whether or not you want a vote for approval here. MR. YOV ANOVICH: I'll be over there tomorrow. COMMISSIONER COYLE: Be sure to talk with them about this. This is very attractive. I have -- I don't know why, but it seems that executive summaries are just getting more and more confusing to me. And so that everybody knows, I talked to Mr. Y ovanovich and others about this in detail yesterday. I need to hear from staff what is really meant here. And let's go to the Planning Commission recommendations, and recommendation number four. It states that the CCPC voted 7-1 to recommend approval with the following conditions: Number four, no vehicular access to Collier Boulevard shall be permitted until the four lane schedule improvements for Collier Boulevard are completed. MR. YOV ANOVICH: Do you want me to answer that question? COMMISSIONER COYLE: No, I don't want to hear from you at all. I want to know -- I know what Mr. Y ovanovich's interpretation of that is, and we've talked about that, and that's not what it says, but -- okay. MR. DeRUNTZ: For the record, Mike DeRuntz, principal planner with the department of zoning and land development review. Page 199 June 6-7, 2006 The Planning Commission was very concerned about the access of vehicular traffic from -- on there until the roadway's improved. They did -- did modify that to allow emergency vehicles. COMMISSIONER COYLE: Okay. Now -- but wait a minute. I believe Mr. Y ovanovich and the petitioner's position is essentially this, that that concerns only construction traffic, right? MR. DeRUNTZ: No. They didn't want any vehicular traffic from this development to use Wolfe Road to get out to Collier Boulevard. COMMISSIONER COYLE: Yeah. Then I am confused. You're going to have to help me out again. MR. YOV ANOVICH: I will. What happened was, they didn't want any of our occupied residential units to have direct access to 951 because we have a back entrance, if you will. We have two entrances. One off of Wolfe Road and one off of Pristine. They only wanted us to use Pristine for our project until 951 was completed, then we can open up our back gate to regular residential traffic. And they said they didn't want any construction traffic using the back entrance -- COMMISSIONER COYLE: Okay. MR. YOV ANOVICH: -- but they would allow emergency vehicles. COMMISSIONER COYLE: Okay. I got it. MR. YOV ANOVICH: That's what that means. COMMISSIONER COYLE: Okay. Now I understand. Now I need to talk with the transportation people. If they use Pristine to go out to Vanderbilt Beach Road, what assurances do we have that they're not going to wind up at the intersection of Collier Boulevard and Vanderbilt Beach Road anyway? MR. CASALANGUIDA: Commissioner, for the record, Nick Casalanguida. You bring up a very good point. One thing I want to clear up, you mentioned Collier as a four lane. I think there's a guy in Page 200 June 6-7, 2006 the back who may lose his job if it's not a six lane. CHAIRMAN HALAS: It's a six lane. COMMISSIONER COYLE: Oh, yeah, it's always six lanes. MR. CASALANGUIDA: Okay. I want to clarify that for the record. COMMISSIONER FIALA: Thank you. CHAIRMAN HALAS: It's six lane. COMMISSIONER FIALA: We have to change everything here. CHAIRMAN HALAS: Yeah. COMMISSIONER COYLE: Well, you see, I'm reading from the staffs -- staffs document here that says four lanes. MR. CASALANGUIDA: Yeah. It should be six lanes, sir. I just want to correct that for the record. He got a little nervous when I said that. COMMISSIONER COYLE: Yeah. MR. MUDD: I understand what it says, and I can't tell you if that's four-lane improvements in addition to the two that already exist. COMMISSIONER FIALA: Oh, good. COMMISSIONER COYLE: Yeah. That's why it's confusing. MR. CASALANGUIDA: Thank you. COMMISSIONER FIALA: Really good. COMMISSIONER COLETTA: Good save. MR. CASALANGUIDA: When we -- I was at the Planning Commission hearing that day, and it's -- if you've got a dump truck coming down from Immokalee Road down Collier Boulevard and they can take a right down to Wolfe Road to get to the project and avoid going through the intersection of Vanderbilt Road and then going down Vanderbilt, it make sense to be able to provide vehicular access for construction vehicles at that point. And it -- the conversation got a little convoluted at a lot of different discussions, and it was difficult to clarify that. But for the record here, it would make sense to allow construction vehicles to get down that road. Page 201 June 6-7, 2006 COMMISSIONER COYLE: Yeah. I'm not talking about construction vehicles. I understand now the deal with the construction vehicles. And I think you agree with Mr. Y ovanovich that the traffic -- construction traffic coming from the north should be able to turn onto Wolfe Road, right? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: So -- now, what I'm concerned about is the traffic generated from the residents of the development prior to the completion of the widening of Collier Boulevard. MR. CASALANGUIDA: Sir, honestly that would apply to that too. I mean, if you've got any -- a second entrance and if that person was going to the Publix shopping center at Pebblebrooke and they were coming down south on Collier Boulevard, if they could come into the development prior to going through the Vanderbilt intersection, which is also under construction. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: Maintenance and traffic will take care of itself with the construction process while they're doing the Wolfe Road intersection. If they need to close that down and force vehicles around to the Pristine entrance, they will do so. So having a secondary entrance there and a restriction on it didn't seem to make sense to me at the time. If it's a shorter trip length, then it can avoid additional trip miles along the construction right-of-way, it would make sense to allow them to come in at that point as well, too. COMMISSIONER COYLE: Well, I'm apparently not make myself clear. Let me try it a different way. We've got over, what, 500 units, 524 units going in here, and they're going to be developed or under development before 951 improvements are completed. CHAIRMAN HALAS: Just half of them. COMMISSIONER COYLE: Two hundred and seventy of them. Page 202 June 6-7, 2006 MR. CASALANGUIDA: They're phased. COMMISSIONER COYLE: That's correct, 270 of them -- CHAIRMAN HALAS: Two sixty-four. COMMISSIONER COYLE: Okay, 260 or whatever, will be finished before Collier Boulevard is widened. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: Now, if you take them off Pristine onto Vanderbilt Beach Road, some of that traffic's going to find it's way onto Collier Boulevard. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: Right? MR. CASALANGUIDA: Yes. COMMISSIONER COYLE: We haven't finished constructing Collier Boulevard yet. It's going to be a mess. Now, what I'm concerned about is that these restrictions on the entrance have nothing to do with the phasing of the project. The project can go ahead whether Collier Boulevard is completed or not, and I don't like that, okay? So I'm trying to find out -- figure out a way that we can make sure that the improvements have been made to Collier Boulevard and that Collier Boulevard can accommodate the traffic generated by this development as well as all other developments that are going to be coming on line at that point in time. And so what I need to understand is, what is the status of that improvement, the awarding of a contract, the estimation of cost, the availability of funding; where is all that? MR. CASALANGUIDA: This -- I believe some of the information received this morning was the permitting was completed for a portion of that, and that will be going out to bid within the next six weeks. It's a 24- to 36-month project. I know the first phase will be Wolfe Road and Tree Farm Road. So we're optimistic that this goes to construction this fall. And, again, Page 203 June 6-7, 2006 it's a 24- to 30-month project. We bid it one time. As you know, only one bid. We're optimistic with our adjustments and the clarifications to the permitting that we'll have additional bidders on this project. COMMISSIONER COYLE: So we're looking at maybe having this project completed sometime in 2008, maybe 2009? MR. SCOTT: Spring of'09. COMMISSIONER COYLE: Okay. But we've got 260 dwelling units that are going to be eligible to receive certificates of occupancy by September the 31 st, 2007. MR. CASALANGUIDA: Yes, sir, that was in the prior board hearing that was adopted. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: Now this amendment actually drops down the traffic itself a little bit, and we did not address any additional phasing since that was set in the first zoning hearing. COMMISSIONER COYLE: Yeah. I understand that the PUD's already approved. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: You know, we're not going to be able to change the PUD unless the petitioner agrees to it. But they're asking us to do certain things about adding multiple family residential, and what I'm interested in pursuing is an adjustment to the phasing schedule that will help us get closer to the anticipated completion date of Collier Boulevard. Why we would want to have additional traffic on this road while we're constructing Collier Boulevard is beyond me. I just don't understand why we'd want to do that. MR. CASALANGUIDA: I would share your concerns, and when the petitioner approached us as part of the rezone in transportation division, he expressed that currently he's zoned for more trips with the single-family, and he was going to less trips multifamily. We agree with that assessment based on the trip Page 204 June 6-7, 2006 generation, and, therefore, he was not discussing any additional phasing. And if that's something you wish to discuss, that's probably something the board is welcome to take up with the applicant. COMMISSIONER COYLE: Okay. I'm just concerned that we're, again, moving into a situation where we've got major developments and major road construction happening all at the same time and we know that the result is not good. It never is good, and it's a bad situation to be in. And I would like to see ourselves start working out of that mode and getting to the point where we get the job done before we start having the traffic on the road. MR. CASALANGUIDA: Some of the petitions we're working with on that that will be coming forward soon more directly tie into construction time lines. But as Mr. Y ovanovich pointed out to me when we first met, that this was already phased and a phasing was set, and they were decreasing the intensity of the project; therefore, that was what the -- you know -- COMMISSIONER COYLE: And let -- let me make sure everybody understands the implication of this. We thought we were going to get started earlier. CHAIRMAN HALAS: Can't-- COMMISSIONER COYLE: We approved a phasing schedule that we thought was going to work because we would have a contract issued and people working on this job a lot earlier than now. And through no fault of our own that didn't happen because we got an outrageous bid. So we've had to go back out for bid to hope we get a more reasonable bid. We don't know if we're going to get one. MR. CASALANGUIDA: Can't guarantee that, sir. COMMISSIONER COYLE: So we don't know when this job is going to be completed. So what has happened is that we made a decision to approve a development based upon what we thought was going to happen, and Page 205 June 6-7, 2006 that didn't happen, through no fault of ours, but we approved the phasing schedule. And in my estimation that's something we can't do anymore, okay? But nevertheless, I don't know how to solve it right now unless Mr. Y ovanovich and his client is going to say, yeah, we'll be happy to move it off into 2008. MR. YOV ANOVICH: Well-- COMMISSIONER COYLE: And be a good citizen. MR. YOV ANOVICH: And we're trying to be good citizens. And remember, it's not our fault either. COMMISSIONER COYLE: I know, yes. MR. YOV ANOVICH: Okay. And we understood what we thought would be a reasonable schedule, which meant that we would not have any trips going to 951 until October of '07, I believe it was, and we're willing now to say, there'll be no direct connection to 951 until the road is done. So I think we're willing to inconvenience our residents, if you will, because it is an inconvenience for them, to not have that secondary access open until 951 is completed. Vanderbilt Beach Road is already under construction. And, you know, we believe that the number -- we believe the majority of the trips are actually going to head west to where they're going than actually heading north on 951 that will actually go to the east on Vanderbilt and head up to the intersection. There will be trips that go through the intersection. There's no question about that. So I think we've gone a long way to try to accommodate the construction schedule and the delays by agreeing to not interconnect directly until that road is completed. So I hope that that addresses some of the concerns. Now, the way the PUD reads today, basically until October '07, we get 260 units, and after October '07 we get the remainder, and we can actually interconnect with Collier Boulevard. We're willing to Page 206 June 6-7, 2006 extend that period over which -- you know, still starting in '06 that we could start getting units, but the 260-unit limitation would go from October -- I think, it's -- well, let me look exactly in the -- COMMISSIONER COYLE: September 31,2007. MR. YOV ANOVICH: Y eah. We would extend that to -- COMMISSIONER FIALA: It can't be September 31 st. There is no September 31 st. MR. MUDD: Can we -- we're on page 1. Can we Look at that? CHAIRMAN HALAS: Yeah, page 1. MR. MUDD: Page 1 of 4 on the executive summary, Rich. If you could just get there with us a little bit so we understand. MR. YOV ANOVICH: Well, I'd rather read from the PUD, because the PUD is what really matters, and that's page Roman numeral V, and under your code, it's page 52 of 132, and it's six eight -- 6.8B. COMMISSIONER FIALA: You know, I think it's kind of funny, the certificates of occupancy prior to September 31 st. There is no September 31 st. COMMISSIONER COYLE: That's okay. There won't be any certificates of occupancy either. COMMISSIONER COLETTA: Until there is a December (sic) 31st. COMMISSIONER COYLE: That's right. We've just solved this problem. COMMISSIONER COLETTA: Good work, Donna. MR. YOV ANOVICH: Note to self, 30 days in September. But extend that to -- we would -- we would add basically until April 1, '08, we'd still only get the 260. I think that's four or five months. COMMISSIONER COYLE: And the affordable housing units will be -- will be built in a proper proportion to that number? MR. YOV ANOVICH: Well, what it basically -- I will tell you what we hope. Based on construction costs, we'll be able to build Page 207 June 6-7, 2006 them quickly. But we do -- because of all the other commitments we made through the PUD document, we were given the flexibility to build those gap units whenever we could. And we'd like to keep that flexibility, but the way construction costs are going up, we need to build those sooner rather than later because -- COMMISSIONER COYLE: Why don't we put them in the first phase? MR. YOV ANOVICH: Well, because we still also need to have a building -- a plan that returns enough money to keep the project going, so we need to have some flexibility with that, especially now that , you ve -- COMMISSIONER COYLE: It's hard to have flexibility when you don't have the CO or building permits. MR. YOV ANOVICH: For what? We already have the ability to do that. We're trying, Commissioner, to be -- work with you. COMMISSIONER COYLE: Do you have any idea how many affordable housing units you're doing during that first phase? MR. YOV ANOVICH: In the first phase? They're not -- well, they're -- in our provision they're called gap. Do we know? We honestly don't know. We just don't know. We've always had the flexibility to build them whenever. COMMISSIONER COYLE: You're going to be integrating them into the buildings that you just showed us? MR. YOVANOVICH: Yes, yes. COMMISSIONER COYLE: You know how many of those buildings you are going to build to get 260 units. You also should know how many affordable housing units in each of those buildings you're going to provide. MR. YOV ANOVICH: Well, I don't think it's that easy. We're talking about the market. The market may dictate that we build some of the bigger homes first and go to some of the smaller homes second and save the multifamily till later. We don't know what the market Page 208 June 6-7, 2006 conditions are. I can't tell you today that we're definitely building the multifamily first. If I knew that for sure, then I could probably give you a better schedule. We're asking for some flexibility with the marketing of our project. We know we have the obligation, and we've already got the flexibility in the PUD document. COMMISSIONER COYLE: Okay. I didn't get an answer. CHAIRMAN HALAS: Okay. Commissioner Henning's been waiting so patiently here. Commissioner Henning? COMMISSIONER HENNING: Thank you. The -- I might have to do more disclosure. I forgot when Commissioner Fiala brought up her issues, I heard the same thing from the county manager. And do I need to disclose the county manager? MS. STUDENT-STIRLING: We have a history of disclosing speaking with staff, so I think that would be appropriate. COMMISSIONER HENNING: Okay. Well, I appreciate Commissioner Coyle's concern about 951. It is quite difficult out there. And, you know, it is what it is, and I agree with you that we need to put those stipulations on there where there's no connection until the road is complete. And so with that, I'm going to make a motion to approve with all the stipulation -- agreed stipulations. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HALAS: I was going to bring up the fact that I think -- wasn't there some opposition by -- when this was brought to the board -- or brought to the planning board way back when, the people in Vanderbilt club there, Vanderbilt community there, did they have some opposition about putting traffic on 951, or am lout of -- MR. YOV ANOVICH: I don't recall that, Commissioner Halas. I think -- you know, we worked with all of our neighbors to make sure that we had appropriate development standards that they can all live with but-- , Page 209 June 6-7, 2006 CHAIRMAN HALAS: But when it was before the Planning Commission, there wasn't any opposition in regards to making sure that we didn't have any traffic on 951 until that was widened? MR. YOV ANOVICH: Well, there was -- I know the Planning Commission themselves had that concern, and that's where that stipulation came from. CHAIRMAN HALAS: That's correct. But wasn't there some residents that were concerned about that? MR. YOV ANOVICH: I don't know. I know I'm looking -- I didn't represent them at the Planning Commission. Dwight did, that's why I'm looking and asking ifhe recalls. According to Mr. Nadeau, it was only DiVosta that had some concerns, which would be Island Walk. It was not across the street. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: To be honest with you, my questions have been answered. It took a little while, but you got there. CHAIRMAN HALAS: Oh, okay. Do we have a presentation by staff now? MR. DeRUNTZ: For the record, Mike DeRuntz, Principal Planner with the Department of Zoning and Land Development review. You have a copy of the staff report and the application and the executive summary. The staff has reviewed this petition and has found it to be compatible with the land -- the growth -- or the Land Development Code and consistent with the Growth Management Plan. You have copies of the findings of facts, and the staff is recommending approval with the -- with the recommendations as set forth by the Planning Commission. CHAIRMAN HALAS: Okay. Is there any other questions by Board of County Commissioners? (No response.) CHAIRMAN HALAS: I believe Commissioner Henning made Page 210 June 6-7, 2006 the motion and Commissioner Fiala seconded. Is there any changes you want to make to your motion at this time, Commissioner Henning, or are you satisfied with it? COMMISSIONER HENNING: I'm comfortable. I don't know how everybody else is, but -- CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: I made the motion. I appreciate my colleague's consideration on 951 and them having no residential traffic on 951 till that's completed, or that interconnection on Wolfe Road. But it makes sense to have the construction traffic allowable from Wolfe Road. That intersection is going to be a disaster once it gets under construction. CHAIRMAN HALAS: Commissioner Coyle, are you -- okay, you got your light on. I was going to ask you if you were -- COMMISSIONER COYLE: Just one last comment. We're being told that the request to add multifamily residential dwelling units here will, in fact, reduce the number of trips; is that correct? MR. YOV ANOVICH: Yeah. I think your staff agrees that multifamily generates less trips than single-family. COMMISSIONER COYLE: Okay. But yet we're told that we don't know whether multifamily or single-family units will be built during the first phase and! or how many. So during the phase where we really need the greatest relief from trips, we're getting no assurance that, in fact, that is going to happen during the first phase so -- and that's the time we're concerned about because we need to complete the road. So I will tell you that I will vote no on this unless there is an assurance that there will be sufficient multiple family units developed during phase one to accomplish the reduction in traffic and there will be a proportionate number of affordable housing units built during that phase. Page 211 June 6-7, 2006 MR. YOV ANOVICH: I know if -- I think I can help you on at least part of it. We will agree that not more than 150 stand-alone single- family units will be constructed in the first phase, so that will assure you 110, if I've done my math right, multifamily units. COMMISSIONER COYLE: Hundred and ten -- MR. YOV ANOVICH: Again -- 110. COMMISSIONER COYLE: -- or 150? MR. YOV ANOVICH: It would be 150 stand-alone single-family units, no more than that in the first phase, okay, and 110 multifamily. Do I have my numbers right? Again, I'm requesting you give us the flexibility on the affordable -- I mean, on the gap, affordable, whatever our 125 or less income level is, when we do those throughout the proj ect. We would -- we would not -- we would hope not to be tied to guaranteeing a percentage of those units as gap at this point. COMMISSIONER COYLE: It would only be 11 out of 110. Why does that cause you a problem? MR. YOV ANOVICH: Well, actually there's -- no. It's 10 percent of our project. Okay. COMMISSIONER COYLE: No. I'm talking about a proportionate share. So if you're saying you'll develop 10 percent, then what I would be looking for is 11 units, 10 percent of the 110 multifamily units that you're proposing. MR. YOV ANOVICH: So you want 10 percent of the multifamily units -- COMMISSIONER COYLE: In phase one. MR. YOV ANOVICH: -- in phase one to gap, our definition of gap. Okay, okay. COMMISSIONER COYLE: Then you've addressed my concerns. MR. YOV ANOVICH: Okay. I think I've got that. CHAIRMAN HALAS: Is that in your motion, Commissioner Page 212 June 6-7, 2006 Henning? COMMISSIONER HENNING: Yes. CHAIRMAN HALAS: Is that in your second? COMMISSIONER FIALA: (Nods head.) CHAIRMAN HALAS: Okay. MR. DeRUNTZ: Commissioner, can I get clarification? Were you going to modify to allow construction traffic to be on Wolfe Road also besides emergency vehicles; is that correct? COMMISSIONER HENNING: (Nods head.) MR. MUDD: Right-in. MR. DeRUNTZ: Okay. Right-in only. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Could I pursue that just a minute? It's right-in only, okay. It's not -- MR. MUDD: Right-in only for the construction. CHAIRMAN HALAS: For construction. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Okay. Right-in only for construction. COMMISSIONER COYLE: Onto Wolfe Road. CHAIRMAN HALAS: Would that be in your motion, Commissioner Henning? COMMISSIONER HENNING: Yeah. And then you can have a code enforcement out there enforcing it. I mean, you know, it's very clear -- is, you know, construction traffic will be allowed. I think the construction traffic would rather use the traffic light if they're coming from the south. You know, you can only put so much in, and everybody knows the intent. COMMISSIONER FIALA: But if they're coming from the south, they would go up -- use the light and go up Pristine, right? COMMISSIONER HENNING: Correct. COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: I mean, let common sense Page 213 June 6-7, 2006 dictate it instead of government dictate it. MR. YOV ANOVICH: And my only comment is, you know, in the -- why would you not want them to go back north off Wolfe and force them to go out Pristine and come through the intersection? As long -- they're going to control traffic during construction. At some point I imagine they're going to take away the left -- the ability to go left. But while that ability is still there, why would you want to prohibit that? That's just a comment. COMMISSIONER FIALA: Just because of 951 's traffic. CHAIRMAN HALAS: Yeah. The impact of951 at the present time with two lanes. COMMISSIONER HENNING: Call the motion. CHAIRMAN HALAS: Okay. Any other discussion? (No response.) CHAIRMAN HALAS: All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Yep, aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MR. YOV ANOVICH: Thank you. Item #8F ORDINANCE 2006-31: PUDZ-2003-AR-4991, ROBERT MULHERE, OF RW A, INC., REPRESENTING WOODFIELD BUILDERS, LLC, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ROCKEDGE RPUD, Page 214 June 6-7, 2006 SUBJECT TO THE APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 111 UNITS AT 7.5 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS. THE 76.46 ACRES SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BLVD. (CR 951) APPROXIMA TEL Y 6 TENTHS OF A MILE SOUTH OF INTERSECTION WITH RATTLESNAKE-HAMMOCK ROAD, IN SECTION 23, TOWNSHIP 50, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS; AFFORDABLE HOUSING DENSITY AGREEMENT WITH PHASING - APPROVED MR. MUDD: The next item, Commissioner, 8F. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2003-AR-4991, Robert Mulhere ofRW A, Inc., representing Woodfield Builders, LLC, requesting a rezone from A rural agricultural to RPUD, residential planned unit development, to be known as Rockedge RPUD, subject to the approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units in the amount of 111 units at a 7.5 bonus density units per acre in the development of this project for low income residents. The 76.46-acre subject property is located on the east side of Collier Boulevard, County Road 951, approximately six-tenths of a mile south of the intersection with Rattlesnake Hammock road in Section 23, Township 50, range 26 east, Collier County, Florida. CHAIRMAN HALAS: Would those all that are going to be giving testimony in this, please rise to be sworn in at this time. (The speakers were duly sworn.) Page 215 June 6-7, 2006 CHAIRMAN HALAS: Okay. At this time I'll ask the commissioners to my far right if they have any ex parte, starting with Commissioner Coyle. COMMISSIONER COYLE: Yes. I have had meetings, emails, telephone calls with representatives of the petitioner and the petitioner, and I've also talked with staff. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And I've had meetings with Bruce Anderson, Bob Mulhere, and Margaret Perry, phone call with Kara Kennedy from NBC-2 news, which obviously she made and I never returned because I don't recall it. But it's down here, so it must be fact. And that's the extent -- and other emails and phone calls. CHAIRMAN HALAS: Okay. Myself, I've had meetings and -- with Bruce Anderson on this, and I also have -- also had emails and I've discussed this at some length with staff. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've met -- we, of course, discussed this one other time. We just didn't come to any conclusions then. I've had meetings with Bruce Anderson and Bob Mulhere, and I met with the Naples Lakes people and the petitioner, Brian -- oh, I hate -- I'm going to slaughter your name, so I won't -- pretend it just starts with an M, and Bruce Anderson, and I've met with staff. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Same three emails I received yesterday on the other ones, and we heard this thing, this item before, so let's not spend too much time on there, and get to some of the residents that have been sitting here all day. CHAIRMAN HALAS: Okay. So Mr. Anderson? MR. ANDERSON: Thank you, Mr. Chairman. For the record, my name is Bruce Anderson from the Roetzel & Andress Law Firm. And as was duly noted, this is a continuation of the public hearing on this PUD that was held on February 14,2006. Page 216 June 6-7, 2006 I would ask you to accept into the record the prior county commission hearing minutes and Planning Commission hearing minutes, I would ask you to accept those into the record along with the complete agenda packet on this item, 8F, which is pages 1 through 246. COMMISSIONER HENNING: So moved. CHAIRMAN HALAS: Is there any other -- does that -- staff have anything to add to this? MR. DeRUNTZ: For the record, Mike DeRuntz, Principal Planner with Zoning and Land Development Review. No, sir. CHAIRMAN HALAS: Okay. Do we have any -- oops, Commissioner Coyle. COMMISSIONER COYLE: We have public speakers. I'll wait for public speakers. CHAIRMAN HALAS: I believe -- public speakers. Okay. We'll open -- MR. ANDERSON: I have more to say, I just wanted to put that in the record. CHAIRMAN HALAS: Oh, well, all right. Continue, sir. MR. ANDERSON: I'll be brief. CHAIRMAN HALAS: This is not going to be an all-day filibuster. MR. ANDERSON: Well, anybody feel free to interrupt me with a motion for approval. Since the original hearing, there have been two important new developments, one is that the client has proposed a stricter new construction phasing schedule for the product than had been recommended by the Planning Commission, and that new phasing schedule has been well received by the civic and property owner associations that had expressed concerns at the prior hearings about the timing of construction for the homes and the timing of construction for surrounding roads. Page 217 June 6-7, 2006 The other new development is that my client has signed a right of first refusal agreement with his new neighbor, Collier Regional Medical Center. I would like to read the one paragraph agreement into the record. And I have distributed a copy of that to the commissioners and to the court reporter. It reads, Woodfield Builders, LLC, its successors and!or assigns, owner of the real property proposed to be developed as the Rockedge RPUD hereby grants to Collier Regional Medical Center or its income qualifying employees the right of first refusal to purchase any or all of the multifamily dwelling units in the Rockedge PUD, which are to be set aside for sale to households earning 80 percent or less of the median earned income for the Naples/Collier metropolitan statistical area. Collier Regional Medical Center hereby supports and encourages Collier County to approve the Rockedge RPUD application and agrees to work cooperatively with Woodfield Builders to seek approval for a pedestrian and! or vehicular interconnection between its property and the Rockedge RPUD. At the time Woodfield Builders offers to sell a unit to Collier Region Medical Center or its qualifying employees, said right of first refusal shall be valid for the period of 15 days, after which the right of first refusal to purchase shall expire as to such units, and Woodfield Builders may offer the units for sale to others. Just a reminder, this project is a mix of market rate homes and homes set aside for sales to households who earn 80 percent or less than the median income. These units -- the affordable units would be constructed first and they would be located together at the front of the development. And Rockedge has a higher percentage of homes dedicated to affordability than is typical. Thirty percent of the homes are set aside for affordable housing. That's 111 homes out of a total of 400. Page 218 June 6-7, 2006 I'll be glad to continue talking, but I'd rather not. And I'll ask Mr. Mulhere to come up and briefly explain the phasing program that has been negotiated with some of the civic associations, and he and I and the other parties will be happy to answer your questions. CHAIRMAN HALAS: Okay. I'd like -- at this time I think we'll bring the public speakers up, okay. And if there's any additional information -- Robert, how's that sound? MR. MULHERE: Well, that's fine, Commissioner Halas. I'djust wanted to explain the different phasing schedule, which is significantly different, and that really hasn't been put on the record yet. CHAIRMAN HALAS: Okay, all right. MR. MULHERE: Just take a couple minutes. CHAIRMAN HALAS: All right. MR. MULHERE: Just as -- to refresh, the Planning Commission had proposed a phasing schedule that allowed 250 units up front, of which all 111 affordable would be built, and then 75 in '08 and 75 in '09. After we met with representatives of the East Naples Civic Association as well as some of the neighboring groups, they suggested that it would be better in their mind if we deferred that schedule, pushed it back a little bit so that we could be sure that Collier Boulevard improvements would be in place for the majority of the units. And that schedule, we went and met with transportation staff. Something unique about this segment is that it was designed for six lanes. There's no utility relocates, there's no right-of-way to be taken. It's a relatively easy construction process that should be done according to transportation staff, and we can certainly confirm that, within 24 months. So the proj ected completion is February of '09. What we proposed was to revise that phasing schedule but, Commissioner Coy Ie, to still include 50 percent of the affordable units Page 219 June 6-7, 2006 to be built with market rate in each of the first two phases so that we would be allowed to build 80 units up front, of which at least 50 percent would be the affordable units, and then the second phase we would be able to build 142 units, of which all of the units necessary to complete the 111 would be constructed -- whatever was remaining, would be constructed in that phase. So you'd have 222 units through '08, and then the third phase would be the remaining 178 units which we indicated shall not be granted COs prior to February of 2009 when Collier Boulevard improvements should be completed. So that's -- I mean, I think it's important just to let you know that there was a change in the phasing schedule, and we have not thoroughly shared that even with staff at this point because it's been sort of a negotiation that's come up just through the last few days. CHAIRMAN HALAS: I was under the impression we were going to try and get all 111 units up and running first. MR. MULHERE: We were when we were allowed to do 250, but now we're -- based on the recommendations in the neighborhood, they've asked us to push that back into two separate phases. So we're still doing the same thing, we're just building 50 percent in the first phase affordable and 50 percent in the second phase affordable. It's pretty much the same thing, it's just pushed it back a little bit. CHAIRMAN HALAS: Commissioner Coyle, did you want to ask your question, or did you want to wait until after we get the public COMMISSIONER COYLE: No. I'll wait until after the public speakers. MS. FILSON: Do you want to hear from the speakers prior to staff then? CHAIRMAN HALAS: Well, I think staff has already given their recommendation, didn't -- right? MR. DeRUNTZ: No. I would like to -- we would like to say Page 220 June 6-7, 2006 that -- you know, you do have a copy of the report, the staff report, the executive summary, and the application. The Planning Commission did have, you know, two conditions, and one was the phasing which was modified and the other one was 1,000 square feet for each of the units minimum areas, and that has __ that is in the revised PUD and that hasn't changed. And we found this to be compatible with the land use development code and consistent with the Growth Management Plan, and we're recommending approval. CHAIRMAN HALAS: Okay. MS. FILSON: Mr. Chairman, you have two speakers. The first one is Michael Mastej. MR. MURRAY: Michael Mastej is gone. I'll represent him. MS. FILSON: Okay. Your final speaker then will be Bob Murray. CHAIRMAN HALAS: Okay. MR. MURRAY: Good eventide, Commissioners. My name is Bob Murray, and I'm here representing the East Naples Civic Association, and I'm very pleased to be able to bring to this meeting what I believe is good news. As you may know, as Planning Commissioner I was the sole vote against Rockedge, and I did so because my concern was, and will continue to be, route 951 and the other roads that are ancillary to that area; however, there is a balancing act that everything needs to have attended. And so I was asked to, and I attended a meeting and was joined by Ken Drum and Ted Biessler (phonetic) and Mike Mastej, and we sat and we discussed the issue, and we considered some of the implications. And, of course, the concern was about the roads. What could we do to make sure that we both get affordable housing units and satisfy the need not to overburden the roads especially while construction is going on? Page 221 June 6-7, 2006 And so I believe the developers have indicated to you through their representatives that they will defer, they will work out a plan that will be -- well, they have stated a plan that will make it more effective and minimize the implication -- the impact on the roads rather. And inasmuch as this is workforce housing, the other fact that was -- they shared with us that they had entered into a right of first refusal agreement with Mike Mastej who, by the way, his apologizes. He had to first meet with Mike Davis, and then he had another meeting. And I asked him if I could represent him here, and he said, yes, please do. And he was most positive. He entered into this agreement. And I posed the question; is it logical for you to accept all 111 units? And he didn't -- he didn't think so. My suggestion was that they offer all of these rights of first refusal to the fire department, to NCH, to everybody and anybody who represents an employer here who can benefit from such a thing. Because they were already in agreement with Mike Mastej, they found that a difficult thing to change. Although Mike expressed to me, he didn't care. That would be fine. He doesn't think he would take 111 units, and they were open to that and enthusiastic for that. So, quite frankly, given that these folks went through the process of a Growth Management Plan amendment and all of its expense of time and everything else and that it was approved, it was difficult for me to have said no previously, but I have a very happy yes now and urge you to go along with this and to let these folks go forward. The hospital can certainly use those people and probably will take a number of those homes. But quite frankly, East Naples Fire Department could use those homes. And I say -- and I say that not sarcastically, NCH could certainly use those homes. They also need-- we need staff. We need people here, the deputies, et cetera. And with that I'll end it. Thank you. Page 222 June 6-7, 2006 CHAIRMAN HALAS: That's our final speaker? MS. FILSON: Yes, sir. CHAIRMAN HALAS: Okay. Public hearing is closed. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I need to pursue the phasing. Would you go through that with me one more time? MR. MULHERE: Yes, sir. What we're proposing is, first phase would limit COs prior to 2008 to 80 units, of which we would commit to 50 percent of those being -- a minimum of 50 percent being the affordable units. Usually, you know, if you have eight-unit buildings, you may have to actually build more than 50 percent affordable, but a minimum of 50 percent. And the second phase, which would be pushed back to 2008 for COs -- and again, this was at the request, I think, of, as Mr. Murray indicated, certain associations in the area -- would be limited to 142 units, but during that phase we would build all of the remaining affordable to reach our 111 that were required. So, again, it's a little bit different than what the Planning Commission recommended. By pushing that back a little bit, you don't have as much impacts in the beginning, the first year. COMMISSIONER COYLE: Okay. But you said the phase one was FY -08, 220, or -- MR. MULHERE: Phase one is 80 units. COMMISSIONER COYLE: Eighty units. MR. MULHERE: Phase two limits COs to '08, and that's 142 units, so during -- COMMISSIONER COYLE: And you'd be building 72 market and 70 affordable housing? MR. MULHERE: Correct, correct. COMMISSIONER COYLE: So the -- are you talking about the end of 2008 for phase two? Page 223 June 6-7, 2006 MR. MULHERE: I'm actually assuming in 2008 that we would probably be able to get COs probably closer to mid 2008. COMMISSIONER COYLE: Okay. Now, phase one you said 2008, are you talking about -- MR. MULHERE: No, actually phase one, I didn't -- there was no limitation. The Planning Commission had no limitation on phase one. COMMISSIONER COYLE: Okay. MR. MULHERE: Which was 250 units. There was no limitation. COMMISSIONER COYLE: Okay. So anytime you can do -- MR. MULHERE: Correct COMMISSIONER COYLE: -- phase one, and you're going to be building 80 units, 40 market and 40 affordable housing? MR. MULHERE: Yeah, minimum of 40. COMMISSIONER COYLE: And then phase two, sometime by mid 2008, you would be able to build 72 market and 70 affordable housing? MR. MUDD: Seventy-one and seventy-one. COMMISSIONER COYLE: No, 72 and 70. MR. MULHERE: Yeah, because it's -- well, it's 111. MR. MUDD: It's 111. COMMISSIONER COYLE: Oh, it's 111. MR. MUDD: Yeah, 71 and 71. COMMISSIONER COYLE: Okay, 71 and 71 then. Okay. I thought it was 110. But okay. MR. MULHERE: And then the third phase would be all of the remaining units no sooner than February of 2009. COMMISSIONER COYLE: Okay. Now, I need staff to tell me about the completion of construction on the road. CHAIRMAN HALAS: Yep. COMMISSIONER FIALA: And have them address Rattlesnake as well. Page 224 June 6-7, 2006 COMMISSIONER COYLE: Yeah, yeah. MR. SCOTT: Bob had it pretty much correct. The bids are going out this fall, which started early 2007 construction and complete in early 2009, which he references February. CHAIRMAN HALAS: Early. COMMISSIONER COYLE: Okay. So we're going to have -- MR. SCOTT: That's for Collier. COMMISSIONER COYLE: -- two, maybe -- maybe three years construction going on in this development before the completion of the 951 improvements? MR. MULHERE: Starting February '07. MR. SCOTT: You're not going to get going that fast either. MR. MULHERE: No. COMMISSIONER COYLE: Okay. What do you think the schedule's going to be? MR. MULHERE: Well, we don't have an ERP permit, but we're close, I hope. We have not submitted for a Site Development Plan. So off the top of my head, you're talking in the neighborhood of 60 days to prepare that and probably six months to do a review, which should be expedited because it's affordable. So that's eight months, and then you have your vertical -- your site improvements to complete. So you're probably talking about another probably five or six months in that process. You're probably talking about -- and then actual construction, and then the -- COMMISSIONER COYLE: So we're talking about mid 2007 __ MR. MULHERE: Yes. COMMISSIONER COYLE: -- to start construction? MR. MULHERE: That's an assumption. Could be a little bit faster or a little bit slower, yes. It probably depends on certain permitting. COMMISSIONER COYLE: Not with our permitting department, you're not going to go faster. Page 225 June 6-7, 2006 MR. MUDD: It was faster when he used to work here, but that's okay. MR. SCHMITT: Depends on the quality of submittal. MR. MULHERE: I knew Joe had to throw that in there. COMMISSIONER COYLE: We know where that's going to go, right? Okay. So you expect to start construction around 2007. You'll have the first ones coming out of the ground, first phase one, you're going to be completing probably starting January -- or starting close to 2008 or earlier? MR. MULHERE: I think a little bit earlier. COMMISSIONER COYLE: Okay. Fall of2007? MR. MULHERE: Yes. I think that's what we anticipated, yes, SIr. COMMISSIONER COYLE: Okay. So we're maybe looking at a year and a half to two years before we get CR 951 -- CHAIRMAN HALAS: Widened? COMMISSIONER COYLE: -- completed. MR. MULHERE: Correct. COMMISSIONER COYLE: Are we in agreement there? MR. SCOTT: Yeah. COMMISSIONER COYLE: Now, what can we do to get closer together? MR. MULHERE: Well, I mean, I think we've deferred the majority of the market rate until February of'09, so you're really -- I think you're only talking about less than half of the impacts would typically be associated during the construction process. Our concern is that it's getting more expensive every day. We really need to get in and build the affordable. To build the affordable, you need some market rate. I know you already heard that on the last petition, but it is a fact, and that's why we've pushed -- we've reduced that now to 222 maximum in those first two phases. Page 226 June 6-7, 2006 But, I mean, beyond that, I think we're probably -- you know, there are a couple of things that are different about this, if I could just, again, put them on the record. Our project -- right now there are trips left on that four-lane segment of Collier Boulevard, and we do not exceed the county's concurrency -- consistency policies; in other words, we're consistent with the Growth Management Plan right now. We do not -- there are trips left. And as long as we can come in and consume those trips fairly quickly, we shouldn't have a problem at concurrency either. So it is a little bit different than the other project where the roadway's failing; plus, this is already a four-lane segment. And, again, I already, I think, did a brief discussion about why the construction should be easier here than in the other segments where you've got to shift traffic because you've got utility relocates and things like that. COMMISSIONER COYLE: You -- well, let Don Scott deal with the issue of concurrency. Theoretically, except for those items that are -- or those units that are vested because of payment of impact fees, if we don't have the capacity they can't go ahead anyway? MR. SCOTT: That's correct. COMMISSIONER COYLE: Now, I know you've told us in the past that there is capacity remaining on certain segments of 951. When do you expect 951 to be in failure in the zone of impact of this particular development? MR. SCOTT: No. COMMISSIONER COYLE: No? MR. SCOTT: No. COMMISSIONER COYLE: I asked when. MR. SCOTT: Oh, when; sorry, sorry. I thought you said, did you. COMMISSIONER FIALA: That's a good answer. Page 227 June 6-7, 2006 CHAIRMAN HALAS: It's getting a long day, isn't it, Don? MR. SCOTT: You know, based on the submittal to DCA right now, it's obviously within the two years. After the submittal to DCA, depending on how DCA rules on what we've sent up, that might be outside of the two-year window too, but -- COMMISSIONER COYLE: What do you mean by outside of the two-year window? MR. SCOTT: Because this is one of the projects where we pushed it out two years for the submittal to DCA until we have a contract. Now, we might have a contract by then too. COMMISSIONER COYLE: Which means you can move it up if you want? MR. SCOTT: Yeah, exactly. COMMISSIONER COYLE: Okay. MR. SCOTT: I would guess next year probably, based on __ COMMISSIONER COYLE: So next year we will start to fail? MR. SCOTT: Yes. COMMISSIONER COYLE: So in 2007 we're going to start to fail, but there are going to be two years of construction even under failing circumstances? MR. SCOTT: Yes. COMMISSIONER COYLE: Is that what we're saying? MR. SCOTT: Yes. COMMISSIONER COYLE: Then theoretically they won't be able to proceed. MR. SCOTT: Just depends on when they get their site plan approved, essentially, is what he's saying too. COMMISSIONER COYLE: Okay. So if -- but even then they will only get -- if they pay 50 percent of their impact fees with the submission of the site plan and we accept them, then they can only build 50 percent of their units? MR. SCOTT: Well, they can build -- they can build what they're Page 228 June 6-7, 2006 -- the 50 percent they pay -- COMMISSIONER COYLE: Yeah. MR. SCOTT: -- will be whatever they're building at that point, I mean, if they're platting off the first part of it. So, yeah, by the time you get to the second part maybe there won't be. Obviously we'll still have the project. It will be under construction, so __ MR. MUDD: Once they pay that SDP, they're vested. MR. SCOTT: Yeah, they're vested. COMMISSIONER COYLE: Fifty percent or all of it? MR. SCOTT: The thing -- they're going to submit only the first portion? MR. MUDD: No. When you come in with an SDP, let's say he comes in with the SDP on phase one and he pays 50 percent at the time that he brings in that SD P, at that particular juncture, his phase one has 40 units -- excuse me -- has 80 units, okay, 40 of which are affordable, he's vested for those 80 units. The only way he gets unvested is three years from the date that he pays, from that first initial payment, if he doesn't pay the second part. At that particular juncture, he basically gives up what he's paid before and he's no longer vested in the unit and he has to start all over. MR. SCOTT: We'll assume he's done by then anyway too. MR. MUDD: Well, I'd hope so. That's a good assumption. MR. SCOTT: Yeah. COMMISSIONER COYLE: So what we will be doing is accepting impact fees for 80 units that will be constructed by 2008; am I right? MR. SCOTT: Correct. COMMISSIONER COYLE: And then we will be accepting, presumably, some impact fees for another 142 that will be completed by mid 2008? MR. SCOTT: As long as the -- I would assume by that point, as long as the project's under construction. Page 229 June 6-7, 2006 COMMISSIONER COYLE: Okay. So we're talking about 232 units that will be built before we have completed the construction on 951, and it will be failing for almost all of that period of time; is that a correct statement? MR. SCOTT: You know, I'm guessing next year, but yeah. COMMISSIONER COYLE: Yeah. But unfortunately that's what the law says, right? MR. SCOTT: Correct, yes. COMMISSIONER COYLE: So what alternative do we have? MR. SCOTT: Even if the first part of it, I don't think DCA accepts what we sent up to them. COMMISSIONER COYLE: Yeah. MR. SCOTT: From the first step, but-- COMMISSIONER COYLE: And DCA is the state agency that has to rule on what we're doing? MR. SCOTT: Right. COMMISSIONER COYLE: And there's not much likelihood that we have a choice on this issue? MR. SCOTT: No. COMMISSIONER FIALA: You finished? COMMISSIONER COYLE: Yeah. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was trying to think of a solution because I can see we're all struggling. We'd all like to see this happen and it sounds like a really good proj ect. At the same time we know not only is 951 under construction, but Rattlesnake Hammock is also under construction for that same time period, and on top of that, the light over by the hospital leads to -- down the road to Edison Community College, which is where we're going to be building the library and the EOC at the same time we're doing all of the rest of this stuff. It's going to be a quagmire of traffic. And the only solution I could think of was a connection road. Page 230 June 6-7, 2006 And I thought, if we could -- we could have some kind of a frontage road or a connecting road, just a simple one, nothing -- you know, nothing -- not a highway, not sidewalks and all of that business, just a connecting road so that vehicles could go out to the hospital, and then at the light be able to turn one way or another, and maybe that would lessen some of the impact or at least help that impact to some degree. I've talked with the guys about that, with the developer and with his attorney and with Bob Mulhere, and I said, you know, if we could get this thing done -- and I think we've all talked about it, but nobody's ever taken that step. But Bob Mulhere guaranteed me that now that he's got it in his craw, he's going to tackle it, and I think that that would help a lot. It's -- you know, a lot of words mean nothing until somebody takes some action. MR. MULHERE: Well, we've already taken some action, Commissioner Fiala, and we've -- Brian of -- my clients, Brian Mansour and Brian Yeomans, have actually already talked to the landowner. The situation is, as you're aware, there's going to be connectivity from the north, Rattlesnake Hammock, heading south through the FP &L easement, through the commercial property to the hospital. So you're going to have that; that's going to occur. What you're talking about is creating a vehicular connection from our property to the north so that our people could reach the hospital and ultimately Rattlesnake Hammock Road. COMMISSIONER FIALA: Exactly, yes. MR. MULHERE: And we think it's a great idea. As I mentioned to you, our one concern is that unfortunately we don't own -- this is the hospital's property, which is immediately adjacent to ours, but that's their preserve, so we can't go through there. That's conservation land. We believe we'll be able to go through this FP &L easement here, just as is being the case from the north to the south. But the big Page 23 1 June 6-7, 2006 difference between us and them is the commercial property to the north of the hospital and the hospital are adjacent. There's no intervening property owner. In our situation, unfortunately, we have an intervening property owner. We've already had some discussions with this property owner, and we'll continue those discussions. But what we can't agree to is a condition that says that we can't move forward because, frankly, that puts us in an intenable position where this property owner has 100 percent total leverage on us because we need the approval from him to be able to go forward. And I think it would be probably more likely that would result in no interconnectivity than interconnectivity. I think we're better off negotiating in a free market system without that condition on us. And believe me, I took your recommendation to heart, and we talked about it, and we actually talked to this landowner already, and we're going to continue to do it, and I gave you my word on that, and I __ COMMISSIONER FIALA: Yes, you did. MR. MULHERE: -- still give you my word, as I stand here today, so do my clients. What we would recommend is that we do go forward and attempt to make that interconnection. If we cannot make that interconnection, we would work with transportation staff potentially to get their assistance. Because let me just tell you that when the county wanted potable wells, they went in, and through eminent domain, got a piece of that easement to the north to put eminent -- to put wells in, potable wells. So if this connection is important, and maybe it's important even further south to Sable Palm, then we may need the county to help us get that connection. And, you know, we see the benefit clearly. We've talked to the hospital-- to the Collier Regional Medical Center, they see the benefit. But I'm just a little bit concerned that to put a condition in Page 232 June 6-7, 2006 there could put us in an intenable position that we would be put at a disadvantage. We'll work towards it. If we can't get it, we'll come back to you and tell you we may need the staffs help. And I think I've talked to Don about that, and I think the staff has suggested they're willing, under those circumstances, to reevaluate and look at another potential way to make that happen. COMMISSIONER FIALA: Okay. You know, normally I wouldn't believe anybody when they say, we'll work on it, but I'm going to believe you because you've never let me down. MR. MULHERE: I'm going to try to make it happen. COMMISSIONER FIALA: So I'm going to put my faith in you MR. MULHERE: Thank you, phew. COMMISSIONER FIALA: -- that you will carry through. MR. MULHERE: Thank you. COMMISSIONER COYLE: That's a lot of pressure because you have to keep coming in front of me again and again. MR. MULHERE: I know. I know I'll be in trouble for a long time if I don't make it happen. COMMISSIONER FIALA: Yes, and you live in my district as well. COMMISSIONER COYLE: That's incredible, accepting the word of a land use planner. CHAIRMAN HALAS: Oh, boy, I'll tell you. COMMISSIONER COYLE: That's almost as bad as taking the word of an attorney. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: I'll tell you, I don't know if I could ever top that one. But I'd like to have a summary of where we are now. We've taken the basic recommendations of staff, we have worked the phasing Page 233 June 6-7, 2006 issue back and forth several times. Could somebody please give me a summary? If we're getting close to it, I'd like to make a motion, but I'd like to know where we are and then what's missing from it. MR. MULHERE: I think we agreed with the Planning Commission's stipulations, which was a 7-1 vote now, sort of almost an 8-1 ( sic) but not quite. And the phasing schedule was 80 units in the first phase of which 50 percent would be affordable; 142 units for which no COs could be issued prior to 2008, of which whatever the remaining affordable units to reach 111 that were not built in the first phase. We're going to assume 40 and 40, but it could be 42. You understand that's why I worded it that way. It might actually not be 71 units. It could be 69 or 67 or 68 units, but whatever's necessary in that second phase to meet our affordable, we'll build that. And then the last phase is no COs until February of 2009. COMMISSIONER COLETTA: Okay. And does that agree with what you were talking about just a little while ago? COMMISSIONER COYLE: Yeah. The numbers are all consistent with what we were told earlier, and it is an improvement over the prior schedule. I just -- I just continue to be frustrated that we're being put in a position where construction of homes and, in fact, the completion of homes and the certificates of occupancy of homes can take place a full two years during which this road is in failure. COMMISSIONER FIALA: And it's interesting -- COMMISSIONER COYLE: It's frustrating. COMMISSIONER FIALA: The reason is, if it was regular market rate homes all the way, nobody would have a problem. COMMISSIONER COLETTA: I wouldn't. COMMISSIONER FIALA: But every time they throw in the affordable housing, all of a sudden it changes, doesn't it? And so Page 234 June 6-7, 2006 that's -- I think that's key with anybody that's coming before us, they pull that little twanger, Froggy and -- for anybody who's old enough. COMMISSIONER COLETTA: And the reason, too, is that we all know it's important, and that's why we indulge the petitioner to the point that we do and we go back and forth on it. I think that deep down we all want to be able to reach an understanding and an agreement. Of course there's that little level of uncertainty of where it's going to take us. Anything could happen, and I think this is one of the things that Commissioner Coyle has been pointing out. We don't know if we're going to run into an economic slowdown to the point where we won't be able to build the roads. We have no idea what's going to happen out there as far as our tax revenue coming in for any given year. So there's always a certain amount of uncertainty . But, however, on the other hand, we have a chance to be able to do some public good. And I think this is where we've been many times in the recent past where you say, show us the public good that's going to come from this. Well, you're showing us the public good, and we can also see some of the disadvantages that are there, but we've obviously come a long way. I don't see a tremendous amount of people here today willing to speak against the project like we've seen in the recent past. So obviously there's been a lot of work that's been done out there with the public and the local communities around there. I was going to make a motion, but I've been -- been asked to hold off just a few minutes on it. I understand Commissioner Halas has some more questions he would like to ask. And I'll wait, because I don't want to complicate a motion and keep remaking it over and over again, if I can help it. CHAIRMAN HALAS: Okay. I need to have Don Scott come up here for a minute just to get a clarification in my mind. Page 235 June 6-7, 2006 Don, my concerns are, at present we're working on Rattlesnake Hammock Road. Where are we in regards to the completion of that or where are we in the build process at the present time; can you tell us? MR. SCOTT: It's going pretty well right now. That will be done by the beginning of2008. And one thing I should have bought up too -- because Commissioner Fiala was talking about interconnection on the east side of the road -- obviously the Lely connections up to Rattlesnake and through will be open before 951 is completed, and that will help also. CHAIRMAN HALAS: Good. Okay. Now, the construction of the Rattlesnake Hammock area, is that -- is that being addressed at __ near the 951 -- MR. SCOTT: Yes. CHAIRMAN HALAS: -- junction? So that area will be done earlier than the whole road itself? MR. SCOTT: Earlier than 951, yes. The whole section from Rattlesnake over will be done by early 2008. CHAIRMAN HALAS: Okay. But what I'm saying is that intersection of 951 and Rattlesnake, will the section that you're working on on Rattlesnake right now, will that be -- are you working at the 951 end of it, or where are you working at this? MR. SCOTT: At the moment they're working on the whole thing with the box culverts they're putting in. I don't know if it's -- Jay, do you know if it's got any milestones? CHAIRMAN HALAS: What I'm trying to do is to try to figure out in my mind if the part of Rattlesnake Hammock that's closest to 951, will that be done sooner than the rest of all nine fifty -- of Rattlesnake? MR. AHMAD: Commissioner, there is no milestones for this proj ect. What the contractor is now focusing on is constructing the box culverts which he is hoping to complete before the rainy season. There's massive box culverts, if you drive down there, six by eight Page 236 June 6-7, 2006 large box culverts being installed as we speak. CHAIRMAN HALAS: Okay. But what you're -- what you did say is that the interconnection with Lely in that particular area, that will -- that will help alleviate the congestion that we're concerned about on 951? MR. SCOTT: Yeah. That will help some. And obviously when I project, talking about when I think failure is, that will take some traffic over, particularly like the Lely traffic going down -- coming down County Barn, Rattlesnake, and then down there. And it looks like it's pretty -- I don't have a schedule on that. It looks like it's pretty close to being opened. CHAIRMAN HALAS: Okay. Commissioner Coyle, I believe you were next. COMMISSIONER COYLE: I don't think so. I think -- I think I answered all my questions, I think. That was left on from last time. CHAIRMAN HALAS: Commissioner Fiala then. COMMISSIONER FIALA: Yes. And I just want to -- this isn't even a question for you guys. Actually it's probably for Susan or Joe. But I just want you to rest at ease also because although we're very, very concerned about affordable housing, they're right now building Sierra Meadows, right, and there's hundreds of them over there. I don't know how many though. I was going to ask you if you can remember. That's Rattlesnake Hammock, too. Four hundred fifty? I don't know. Yeah. That's all right. You shouldn't have the -- so I mean, at least we're moving forward. You know, one of the things we've been concerned with is so many have been approved and nothing's being built. Well, here's some being built right there to serve the hospital as well. COMMISSIONER COLETTA: Good. COMMISSIONER FIALA: And they should be opening in time to serve the hospital, so that's good news. Page 237 June 6-7, 2006 COMMISSIONER COLETTA: Okay. Yeah, it is. There's a tremendous lead time. But anything that's approved, it's going to be many years before it comes forward, we all know that. We've heard many times about the many, many -- COMMISSIONER FIALA: They're building it now. They're building it now. COMMISSIONER COLETTA: And it takes a while. It's happening. It is going to happen. And I hoped today was going to be putting some more of the inventory forward. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to make an observation because it appears that there might be enough votes here to approve this petition, but the concept of having a company buy affordable housing that is covered by an affordable housing agreement is something new, and I don't know how we can legally handle that. I think it's a good idea. I like to see these people working out partnerships and mutually -- mutual assistance pacts of some kind, but I'm not sure that's legal, quite frankly, under our laws, because we use federal and state money in some cases to finance this. So in any event, Bob Murray is holding his hand up. MR. MURRAY: If I might, please? COMMISSIONER COYLE: You have to get the permission of the chairman to do this. MR. MURRAY: May I, Mr. Chairman? CHAIRMAN HALAS: Yes, go ahead. MR. MURRAY: And I don't mean -- I try not to be presumptuous here to suggest I have a legal answer for you, but what the intent was was to focus on an employer. The employer themselves would not have -- would not purchase. They would have candidate employees who then would be eligible to purchase. Not knowing who those persons were, the initial action which Page 238 June 6-7, 2006 was taken before I got involved in it, was to find an idea, in this case Mike Mastej, who represents Collier Regional, and so that was the beginning of the process. How else can you reach all of the employers except to find the central character who can bring you the persons who should be qualified. That was the intent. Because we have needs associated with our sheriffs deputies and with our EMS people, with our teachers and all of those folks, so that was the intent. COMMISSIONER FIALA: And Bob, wasn't also the intent to make sure that they weren't snapped up by investors? MR. MURRAY: That's particularly the reason -- well, they shouldn't be able to be snapped up because they're in the 80 percent and there is a Growth Management Plan amendment, but what it is __ to fix it so that the right people got that first choice. That was the intent. And they should be able to speak more clearly to the legal issue than I certainly could. MR. MULHERE: I would just add, if I could, two quick things. Number one, we've been working with Cormac to address those issues. And I think that that's a very good question, so there are some nuances that would need to be addressed. And then the second thing is, we've already made contact with several other particularly public employers, school board, sheriffs office, talked to Jim Mudd, maybe, you know, to be able to have a subsequent first right of refusal. I mean, we are very interested in that because we have to qualify people to buy those units, and that is job number one when you're building something and you're not making money on it, you know. So-- COMMISSIONER COLETTA: And if I may? CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I probably weighed into this a little bit earlier than most. I talked to Mr. Mastej -- from __ excuse me. Page 239 June 6-7, 2006 COMMISSIONER COYLE: HMA. COMMISSIONER COLETTA: -- HMA sometime ago, just as I talked to the fire department and the Naples Community Hospital and the school system. And I told them that Collier County government's not going to be building the housing for them, that they're going to have to partner up with the developers out there. The only thing Collier County government can do is what they're doing right now. They can make it user friendly. Well, you might disagree with that; right, Bob? But we can attempt to make it user friendly to the point where these type of things will happen and private industry will step forward and do what private industry does best, provide a product that the public needs and they want. And I think that's where we are at this point with it. And I'm very proud with what my commission has done -- commissioners have done so far today. It seems to be a -- really bantered as far as the approval of affordable housing projects. I hope we're on a run at the moment. With that in mind, because it is my district, I would like to make a recommendation for approval with the inclusion of the phasing in that we previously agreed to and Commissioner Coyle so skillfully worked out with the developer. I'm not too sure what else we need to add to that. COMMISSIONER HENNING: A second. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Coletta and a second by Commissioner Henning. Is there any further discussion? (No response.) CHAIRMAN HALAS: Seeing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 240 June 6-7, 2006 CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MR. DeRUNTZ: Mr. Chairman, we also need to approve the affordable housing density bonus agreement. COMMISSIONER HENNING: So moved. CHAIRMAN HALAS: Okay. MR. MULHERE: And if I could -- thank you for reminding me. I'm sorry, but that will have to be amended to reflect the phasing schedule that you just approved, that affordable housing density bonus agreement. So we will make sure that they're consistent, both documents are consistent. CHAIRMAN HALAS: Okay. So we need another motion? COMMISSIONER COLETTA: You have it, and I've got a second. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Second. MS. FILSON: Who did the motion? COMMISSIONER FIALA: Is that what you did already? COMMISSIONER COLETTA: Well, I though I seconded the motion, Commissioner Henning. COMMISSIONER FIALA: Oh, did he do it? COMMISSIONER HENNING: (Nods head.) COMMISSIONER FIALA: I didn't hear you. I'm sorry. CHAIRMAN HALAS: Yeah. I didn't hear him either. Okay. Commissioner Henning made a motion, and it was seconded by -- COMMISSIONER COLETTA: Commissioner Coletta. COMMISSIONER FIALA: Commissioner Coletta. CHAIRMAN HALAS: -- Commissioner Coletta. Any further Page 241 June 6-7, 2006 discussion? (N 0 response.) CHAIRMAN HALAS: I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Okay. And that's it. Thank you very much. Yeah, why don't we -- why don't we -- COMMISSIONER COYLE: Take a 30-minute break and then we'll adjourn. CHAIRMAN HALAS: Before we continue on, obviously these are taking a lot more time than I had anticipated, so why don't we adjourn for today and we'll start bright and early at nine o'clock. COMMISSIONER HENNING: Wait a minute, wait a minute, wait a minute. You have residents here who have been here all day, and we need to address them. COMMISSIONER COLETTA: I don't think it's going to be that long. If we could go to that and come back -- CHAIRMAN HALAS: Which one is this now? We're talking about 8G; is that correct? COMMISSIONER COLETTA: Well, we're talking about -- if I may. I'm sorry. I don't mean to interrupt. We talked about it before we went to break. It was first the one dealing with Santa Barbara, and the one person there for the negotiations that were taking place, and the second -- CHAIRMAN HALAS: Well, what I am -- all I want to know is what item-- COMMISSIONER COLETTA: I got it right here, sir. And Page 242 June 6-7, 2006 forgive me for addressing you behind your back. COMMISSIONER HENNING: It's lOA. MS. FILSON: lOA I have three speakers, Mr. Chairman. CHAIRMAN HALAS: Okay. Let's go to lOA, let's get it wrapped up, and then we're going to adjourn -- COMMISSIONER FIALA: What's the other one? MS. FILSON: I have one speaker for 8G. COMMISSIONER COLETTA: And that's important, too. MS. FILSON: One speaker for 10E, and one for public comment. CHAIRMAN HALAS: Well, I'm not going to stay here all night. COMMISSIONER COYLE: That's right. Item #10A RESOLUTION 2006-142: A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADW A Y, DRAINAGE AND UTILITY IMPROVEMENTS TO V ANDERBIL T BEACH ROAD EXTENSION FROM C.R. 951 TO WILSON BOULEVARD _ ADOPTED MR. MUDD: Commissioner, the next item is item number lOA. It's a recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interest in the proposed right-of way as well as perpetual non-exclusive road right-of-way drainage and utility easements and temporary driveway restoration easements and Page 243 June 6-7, 2006 temporary construction easements which will be required for the construction of roadway, drainage and utility improvements to the Vanderbilt Beach Road extension from County Road 951 to Wilson Boulevard, project number 60168, and Mr. Kevin Hendricks, the manager for -- MR. HENDRICKS: Right-of-way acquisition for the transportation division. MR. MUDD: Thank you. MR. HENDRICKS: Thank you. Mr. Chairman, Commissioners, we routinely take these gift and purchase resolutions which we requested you to approve at the inception of every transportation right-of-way acquisition project and put them on the consent agenda. Today, however, we have a number of issues, as I'm sure many of you have been talking about with your constituents regarding the Vanderbilt Beach Road extension project. And so do -- we have people that have requested that we purchase their homes that aren't necessarily in the right-of-way but they're going to be pretty close and affected by the road. We have a lot of media attention. This project has gotten a lot of media attention and people have been talking about low-balling offers, and I think it would be important to maybe have a discussion about that. We -- you know, typically we hire appraisers that are on our approved list and send them out and they do their appraisal thing. And, you know, we encourage them to come in as high as possible because it does us no good at all to have them come in at low-ball of property . This time around we're thinking about doing things like going out -- and I've already -- in fact, we've already gone out and gotten a list of appraisers that work primarily for local lenders and have no affiliation to us at all, the same appraisers who would appraise your house if you went to get it refinanced. Page 244 June 6-7, 2006 And we're thinking about just letting owners pick an appraiser from that list and negotiate from there just so that these people will know that there's no affiliation and with -- between Collier County and the appraisers. There's been discussion about a revolving fund to purchase some of the houses that are adjacent but not directly in the path. There's been discussion about what do we do to reimburse people for the loss of the Save our Homes exemption? And we've got some direction there from the Department of Revenue, but I think it's -- and there's a recent court case up in -- a DOT case up in the central part of the state where -- it's not an appellate case, but it is a case where the court ruled that the loss of the Save our Homes exemption is -- must be compensated when the property is taken. And I know that some of you have talked with people about compensating people for the loss of this -- what the court calls an -- and I'm not going to try to tell you what the court calls it -- incorporeal hereditament -- and just -- and the loss of which deserves compensation from the condemning agency. And I know that many of you talk to people about going ahead and making a payment to compensate people for the loss of this when there's a voluntary sale. It shouldn't have to come down to the property being taken by eminent domain. So there are anum -- and there have been also discussions with some of your constituents about issuing free rent, going ahead and purchasing the property and then giving them some kind of nominal rent or a moderate rent or even free rent until such time as they can find replacement housing. And we've been advised by the County Attorney's Office that we shouldn't get in a position of purchasing properties and becoming liable for things that could happen to the property during the time that the residents live on it. Page 245 June 6-7, 2006 And so there are a number of issues that I thought that you might want to discuss, and there are people here ready to answer questions on, and I'm here ready to answer questions. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: You know, I -- this is something that disturbs me greatly. These are policy issues. And, you know, communications such as this, in my opinion, should only be made to the public once the board has approved a policy. Because what's going to happen now is that the people do not understand that any of the purchase proposals have to be approved by us. And if they have these ideas in mind and we disapprove them for whatever reason, then they are going to be led along a path that isn't going to end happily with them or with us, and I am very, very concerned about this. What -- the suggestions you've made are excellent suggestions, but I have a real problem communicating those to people as if that's what the board is going to approve, because you don't know that, and I don't know that, they don't know that. The one thing that people need to understand is that the laws of the State of Florida for purchasing land under eminent domain are very, very protective of the property owner and they are designed to protect the rights of the property owner to make sure they get full value along with any damages associated with the taking. But I am very concerned that we're talking about offering figures above fair market value and compensating for relocation and possibly taxes on the new property. This gets very, very complex. We don't know where those people are going to move. They might move to Tennessee or North Carolina. Are we going to pay the taxes up in Tennessee and North Carolina and Cal-- you know, how do we do all that? MR. HENDRICKS: I have no idea. COMMISSIONER COYLE: It gets -- it gets really complex, and Page 246 June 6-7, 2006 this bothers me that we're getting involved in this and we don't have to. What we need to do is inform the people that we're not trying to hurt them. We have ajob to do, and the only way we can do the job is the way we've made the decision to do it, and it was a tough thing to do. But the last thing we'd want to do is hurt them. But I am very concerned about getting into this kind of detail and correspondence to specific individuals about this sort of business. I think it's going to get us in a lot of trouble and lead us to a lot of disappointments. We need to get some policies to do this approved if that's what we're going to do. MR. HENDRICKS: That's why I brought this to you today. COMMISSIONER COYLE: Yeah. But this is a letter sent out to them? COMMISSIONER COLETTA: No, no, no. That letter I handed to you. Joe Quinty sent it out. COMMISSIONER COYLE: Well, yeah, but it's been sent out to a resident saying, hey, this is what we're going to try to do to you -- do for you. COMMISSIONER COLETTA: If I may? This is nothing more than what we originally talked about in passing conversation during Vanderbilt and during other issues. You didn't pick this up out of the aIr. MR. HENDRICKS: I haven't seen the letter you're referring to. COMMISSIONER COLETTA: Well, this letter here reflects some of the things the commission said. It's from Joe Quinty. Here's some copies. If somebody'd be so kind to -- COMMISSIONER COYLE: Joe Quinty sent this out? COMMISSIONER HENNING: Don't you want a copy for county manager? COMMISSIONER COYLE: Who told him to send it out? Page 247 June 6-7, 2006 COMMISSIONER COLETTA: I don't know. Well, he was answering -- I sent an inquiry to him from a constituent asking him to reply, and that's the reply that went out. COMMISSIONER COYLE: Well, these are policy issues. They shouldn't go out to anybody unless the board agrees on this stuff. That gets us in a lot -- COMMISSIONER COLETTA: Well, we haven't agreed. That's still left up to us as a policy issue, is absolutely correct. COMMISSIONER COYLE: But it's been communicated to a constituent. What does the constituent think now? They think we've just made an offer to do this. And if we don't do it, we've disappointed them. It's just like the three cat minimum that somebody talked about. It was never brought up to anybody. It never came to the board. It was never a proposal, but yet it created expectations -- COMMISSIONER COLETTA: Well, it says, and also possible to offset. CHAIRMAN HALAS: The problem is, people don't read the possible. COMMISSIONER COYLE: Yeah. That's bad business. COMMISSIONER COLETTA: We made comments during the Vanderbilt Beach Extension meeting that were in line with some of the things that are here. But let's -- that's one of the reasons why we're here today is to be able to talk it -- talk about it. Now, I agree, it's late in the day. There is an awful lot of unchartered ground that we're going to be covering in the short period of time. But still, I've got concerns. We have never in Collier County's history taken a home by eminent domain, and I'm kind of hoping that we can come up with a package that the commissioners can decide on a case-by-case basis that will offset the cost to the point where people will want to make settlements rather than go through eminent domain, and the only people that get rich at that point in time Page 248 June 6-7, 2006 is the attorney. COMMISSIONER COYLE: Well-- COMMISSIONER COLETTA: So you can look at it any way you want. Staff has not made any determinations. They're here to ask you what you want to do. COMMISSIONER COYLE: Well, the point is that we approve these kinds of requests from staff almost every meeting. There is nothing unusual about this request. They're generally on the consent agenda. This is not the time to debate what we're going to offer people. This is merely the time to say, yes, staff, you have the right to go out and start negotiating to get property for a decision we've already made. What goes into that package is something that only the board can finally approve, and that, perhaps, is a subject of another meeting, but this particular topic is not subject to this kind of discussion. We have to advertise this kind of discussion if we're going to have it. We haven't advertised here that the board is going to discuss the kinds of costs that we will reimburse people for when we engage in an eminent domain action. That hasn't been advertised here. I'd be willing to bet we'd have the whole place packed if we advertised something for that discussion here. COMMISSIONER COLETTA: What exactly did the agenda item say? COMMISSIONER HENNING: It's lOA. COMMISSIONER COLETTA: Yeah. COMMISSIONER COYLE: It's the same -- the standard -- standard authority we give to staff every time they do this. COMMISSIONER COLETTA: Right, uh-huh. One of the -- one of the differences between the time we're coming to you with this gift and purchase resolution and the time that we typically do is typically we don't begin right-of-way acquisitions until we have 60 Page 249 June 6-7, 2006 percent plans. We don't even have a designed contract right now, and yet, I think it's the consensus of the board, at least -- I know from some of the commissioners I've talked to, it's the consensus we need to go out there now and begin inquiring what property that we can, especially where the whole property's going to be taken so these peoples' lives are not held in limbo. So we're coming to you at the earliest possible time, having been -- having identified those properties that will be whole takes or pretty much they're going to be wiped out. If there's any left over, it won't be worth much. And just -- we're telling these -- COMMISSIONER COLETTA: If I could add to that. MR. HENDRICKS: -- the residents out there are calling us daily. I speak at least once a day with these people. COMMISSIONER COLETTA: Yeah. I still haven't been able to finish. I got interrupted every time I tried to talk, and I just want to finish another statement, since I'm the one that seems to have a special interest in this. And I'll be happy to turn it over, Commissioner Henning, but just one more moment, please. We have people that are held in limbo right now. They can't sell their property because it's going to be taken over at some future date by Collier County. Generally the average person moves every seven years. There's people, just as a matter of course, were planning to move. Now they've found themselves held hostage with the fact that they can't sell their property unless they want to sell it to a speculator at a loss to be able to move on and get on with their lives. That's not sending the right message of government. And with that, thank you very much for your patience, Mr. Henning, please. COMMISSIONER HENNING: Well, thank you. I have a question for you now. What is your interest? COMMISSIONER COLETTA: My special interest is the people Page 250 June 6-7, 2006 that we represent in Collier County to try to make them as whole as possible. That's the simple part of the whole thing. COMMISSIONER HENNING: Okay. What I heard is you have a special interest in this project, Vanderbilt Beach. COMMISSIONER COLETTA: A special interest in the fact, the people that I represent, yes, but I also have a special interest in Santa Barbara, which I don't represent as a commissioner but I still represent as the whole. COMMISSIONER HENNING: Okay. I misunderstood. Thanks for the clarification. But these -- the things in this email, I remember one commissioner talking about it. Let me tell you what a perpetual payment of property taxes Increase. COMMISSIONER COLETTA: Yes, please. COMMISSIONER HENNING: If we start that, we might not have enough monies to do other things. I mean, if you think about it, the benefits from roads that we expand, all the taxing districts enjoy. And what we really need to do is make this a F AC item, Florida Association of Counties, and a delegation item to where, you know, if it's -- if it's an eminent domain case, particularly in that, that they do have the right to have that portability within the county, plain and simple. Court has already ruled on that. And the -- if we -- if we have to continue to pay that, the county, of building transportation that the school enjoys, the fire department enjoys, so on and so forth, we're just digging a big hole, and it should be a collaborative effort with all the counties within the state. MR. HENDRICKS: We have owners coming to -- talking to us every day who say they're bombarded with advertisements from attorneys, and they would rather just deal with us. They don't know if they want to go through dealing with an attorney. Page 251 June 6-7, 2006 COMMISSIONER HENNING: Well, we have to deal would these issues. MR. HENDRICKS: And get some direction from the board as to, you know, to go and study these particular issues and come back with a report. COMMISSIONER HENNING: Correct. And, you know, if we're going to have early acquisition, maybe the compensation should be allowed that they stay in their house until we go to construction. And if you take a look at rents of $1,200, maybe that's the average, is that equal compensation. But the gift that keeps on giving, that's a real slippery slope, and we need to address it through a statutes amendment, my opinion. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Look, we are way, way off base here. If we want to help these people, we need to approve this item right now as it is, forget about this letter, forget about all the promises in this letter, and have our staff go out and talk with these people and say, what is it that you need? What is reasonable? What are your special circumstances? Are we taking your entire property? Do you want to sell your entire property? Do you only want to sell part of your property? Are you interested in leaving right now? Or do you want to live in it for X number of years until we get ready to do something? We can't do that. That's what staff does. And we can't sit here and set a standard template for what you offer everybody, because everybody's circumstances are different, their needs are different. The only thing we can say here is, yes, you're authorized by acquisition by gift or purchase of simple interest in the proposed right-of-way to go ahead and do what we authorize you to do every single week, and let's approve that and go do it. And then you bring the proposals back to us, and we'll say, yeah, this seems reasonable, or, no, it doesn't seem reasonable. And the Page 252 June 6-7, 2006 person who is selling the property can come before us and say, look, I don't think we've gotten a fair deal on this and we can make some decision, or they can hire a lawyer and they can take it to court. That's what's going to happen so that their interests are protected. But for us to sit here and say, here's what we're going to give you, is a really, really bad thing to do. MR. HENDRICKS: I'm not asking that. COMMISSIONER COYLE: Well, I know you're not. And see, that isn't even on this agenda. That isn't on this agenda, that's why we shouldn't even be talking about this. We should be talking about lOA, which is your authorization to go out and get this property by talking with the owners and being fair to them, and that's what you want to do, too. MR. HENDRICKS: Yeah. COMMISSIONER COYLE: And I make a motion we approve lOA. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. County Attorney, do you want to add anything to this discussion so that we make sure that we're clear? We have some speakers. MR. PETTIT: No, I have nothing to add. COMMISSIONER COYLE: I covered it rather well. MR. PETTIT: I mean, I think the executive summary is as Commissioner Coyle described it. CHAIRMAN HALAS: Okay. Would you call the public speakers? MS. FILSON: Yes, Mr. Chairman. We have three public speakers. Marlaine Reick. She is not here. Sara Timmons. She'll be followed by Peter Gaddy. MS. TIMMONS: I'm Sara Timmons. And on behalf of all my neighbors -- and I know that they would agree with me -- we will give the road up and let you all put the road out in Immokalee. But anyway. Page 253 June 6-7, 2006 Since I know that the Vanderbilt Beach Road is a done-deal, it's going to happen, we can't stop it, I'd just like the county to get on with dealing with us. I have family that I want to move closer to. And my house has been on the market. I had a buyer. They were working on getting financing and so forth for it. And then we found out about the road, and they said, thank you, but no thank you. So the sooner you all can make a decision or the county can let me know what they're going to do about my property -- they're not slated to take my home. I wish they would. Then it would be a no-brainer. I'd know that I had the house sold. I only own the most beautiful piece of property in Golden Gate Estates. But I really would like it if you all would just -- if the county could get on with it. I'm living in limbo. I can't sell my house. Nobody wants to build a house knowing that a road's going in unless, like Commissioner Coletta said, we lower the price. And until I know what the county's going to pay me, I can't lower the price on my property. I just -- I can't make that work. I'm not going to give it away. Like I said, it's the best piece of property out there. So thank you very much. And I -- this has really been an interesting day sitting here. This could almost get addictive. It really could, almost. COMMISSIONER COYLE: I wish we could say that. MS. FILSON: Your final speaker-- CHAIRMAN HALAS: I want to thank you very much for your comments, really. MS. FILSON: Your final speaker, Mr. Chairman, is Peter Gaddy. MR. GADDY: Good afternoon, Mr. Chairman, Commissioners. Peter Gaddy on behalf of concerned citizens. I guess what I would encourage is, I would encourage the commissioners to set up a standard and a policy for a generous Page 254 June 6-7, 2006 compensation for a couple of reasons. First of all, that's what was promised during the Vanderbilt Beach Road proceedings. The second reason is, otherwise, if you don't do that, you're going to be involved with 450 different lawsuits, and that's going to be very expensive and time-consuming. Some suggestions. Most enlightened counties and condemning authorities adopt a multiplier. I'm not going to say what number is appropriate. It could be one and a quarter times market value, it could be one and a half times, but you need to adopt a policy. You need to consider very carefully in the Estates the damage to the remainder. Many of your takings are going to be partial takings. And as a consequence, some homes are going to be rendered worthless. I think you should compensate for giving -- Kevin, I guess it's incor -- incorporeal hereditament. MR. HENDRICKS: Hereditament, yes. MR. GADDY: You're going to have to do that. That's the current law. You're going to have to consider cost of relocation. And I think you really do need to be fair to your citizens. They're making a big sacrifice. You need to have a policy. You need to have a generous one. One final comment. If the road should not be built for whatever reason, I would ask that you put provisions in your final judgments or your sales contract that the property be returned to the original owner. Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. Public hearing is closed. And Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I think some of the points I was trying to make got lost in the shuffle. I just wanted us to keep an open mind. I'm sure -- but the Page 255 June 6-7, 2006 instructions given to staff does not allow them to go any farther than what would standardly be done anyplace else in the state. Of course, the petitioner could come forward and ask at the time that it comes back to us, but do they really know what questions to ask? Just for argument's sake or discussion's sake, I believe that there's been some research done as far as the 10 years of taxes, what it would be between two different prices, the price of what it would be for -- their paying now and what they would do if they lost the homestead exemption regardless of where they move. The number that I heard before was not unrealistic. Has someone got those numbers? MR. HENDRICKS: One method that's been used is to figure the difference between an individual's existing taxes and what those taxes would have been if it did not have the Save our Homes exemptions, and then capitalize that difference or that value, if you will, that number, 10 years out into the future and then apply a discount for time value of money. That's one method. It's one of many methods. COMMISSIONER COLETTA: And that's a method. Have you applied it to any particular numbers? MR. HENDRICKS: I think that Commissioner Coyle said, well, how do we know they're even going to move and stay in Florida? You don't. There are a number of issues that were brought up in the respondent's opposing brief that was filed with the court in the DOT versus Lounders case up in the middle of the state, and those are some of the issues that the DOT brought up. I mean, what is their life expectancy? How long would they have lived anyway? I mean, there are -- actuarial (sic) tables would have to be consulted. It's -- you know, there are a lot of things, and that's kind of what we're swimming with right now. People are asking questions, and we don't have the answers. All Page 256 June 6-7, 2006 we're telling them is we're trying to do the best we can. We're going to go to the commission, we're going to ask the commission to make the decisions. COMMISSIONER COLETTA: And the decision will be just limited to what we see on the agenda item today. MR. HENDRICKS: Good. COMMISSIONER COLETTA: Of course. But it doesn't include such things as the actuary tables, how you arrive at it, a fair settlement for somebody that's going to be displaced in life. MR. HENDRICKS: And all the things Mr. Gaddy talked about are routinely done. Sometimes we've added a multiplier, sometimes we haven't. I'm not sure that we've done it enough times on enough projects that are apples to apples for comparison's sake, but we can tell there's not -- whether it's made a difference because in general, no matter what we offer, no matter how high we allow the appraiser to go, the other side hires an appraiser who can say, oh, you know -- COMMISSIONER COLETTA: That's the way the systems go. MR. HENDRICKS: Yeah. And severance damages, if we -- COMMISSIONER COLETTA: And I mean, ifit was your house or my house, you would want to get the very best possible deal you could get. MR. HENDRICKS: And relocation. COMMISSIONER COLETTA: And we have seen hundreds, if not, a thousand of these come through in the past five, six years for the properties that we have settled on for the building of roads. Never a home, but properties. And we've seen them come over on the consent agenda and we've settled them. I think a couple case -- I don't know if we ever made eminent domain on some of the property itself, but we have had -- seen numerous of them come through. We never negotiate them. We just settle them right then and there. My concern is that 20 -- or 19-some homeowners that are out Page 257 June 6-7, 2006 there that are going to lose their homes through no fault of their own and how we're going to be able to reach that level of composition that makes me feel comfortable. And I know, this might -- this is the difficult part to deal with, and I'm not through yet on it. And I don't think we've given instructions to staff. I think what we need to do is work with the public out there so that they're aware of their rights and the fact that if there is going to be an offer made to them, they can show up here at the meeting and we can discuss it, discuss it in great detail, and we can weigh out what the eventuality would be if we carried it to the full end where they took it to eminent domain and we hired the attorneys and we paid for the attorneys, and we made that eventual smaller settlement and paid off everybody's attorneys, how many dollars that would be against an early settlement up front where everybody reaches an agreement they're happy with and we don't set -- upset a part of the population. What we're dealing with here is just the tip of the iceberg. We have a large number of people out there that we don't know who they are yet that live on such places as Wilson, that live on other roads that are going to be seriously impacted. And when that happens, we're going to have this going continuously. And if we can't deal with it now, then we're not going to be able to deal with it later. That's where I am with it. MR. HENDRICKS: Thank you. COMMISSIONER COLETTA: Thank you. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Well, I -- you know, we're just belaboring this thing too much. Nothing is going to get done until you get the authority from us to go out and talk with these people. We just have a motion on the table to do that. It's fairly easy for those 19 people, just contact them, say, come Page 258 June 6-7, 2006 in let's sit down and talk. If you want to bring your lawyer, that's okay too. And just sit down and talk and find out what their needs are. And you do -- you've done this before. MR. HENDRICKS: Twenty years, more than 20 years. COMMISSIONER COYLE: Yeah. You've calculated the damages and the inconvenience and the costs and the severability issues and all those kinds of issues. The law sets the standards for that. We know what -- you know what we should be paying for. The people who are going to be displaced know what they think they ought to be paid for, and you always reach a settlement. Even if it goes to court it is solved one way or the other, and it's almost always solved to the benefit of the property owner. So we know how to do that. Let's just give them authority to go do it and let's get it done with. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Yeah. Let's try to stay on task, the item in the agenda. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: This has gotten -- this is not a productive time to talk about other roadways. I'm concerned, it sounds like a stump speech. Let's move on. CHAIRMAN HALAS: Okay. Any further questions? If not, I'm going to call the question. COMMISSIONER COLETTA: Just one last comment. CHAIRMAN HALAS: Make it short, sir. COMMISSIONER COYLE: I'm leaving. COMMISSIONER COLETTA: I will. COMMISSIONER HENNING: Me, too. COMMISSIONER COLETTA: I'm going to vote against it for the simple reason that I think we're falling short on it. I'm for maximum compensation where we can get it, and I'll work with them individually. Page 259 June 6-7, 2006 CHAIRMAN HALAS: Okay. I'm going to call -- COMMISSIONER COYLE: Now, wait a minute. Wait a minute. If a commissioner gets involved in going out and telling them how they can squeeze taxpayers for more money -- COMMISSIONER COLETTA: No, that's not what I said. COMMISSIONER COYLE: -- you're violating your responsibilities here. So let's make sure that you aren't going out and telling people how they can maximum squeezing money out of the other taxpayers. That's not our responsibility. COMMISSIONER COLETTA: I'll do it from the dais up here when they show up. And then I'll work with them. COMMISSIONER COYLE: That's not our responsibility. We know how to -- the law treats people fairly. CHAIRMAN HALAS: Let's call the question, then I think it's time to go home for the day. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? COMMISSIONER COLETTA: Similar situation right here, want to take her, Santa Barbara? She's been waiting all day. CHAIRMAN HALAS: Well-- MR. MUDD: Commissioner, how did it go? Did it go 5-0 or did it go 4-1 ? CHAIRMAN HALAS: 4-1. MR. MUDD: Commissioner, are you adjourning this meeting until tomorrow morning? CHAIRMAN HALAS: Yes, I am. MR. MUDD: Reconvene at nine in the morning? CHAIRMAN HALAS: Yes, we are, nine o'clock in the Page 260 June 6-7,2006 mornIng. (The proceedings adjourned at 6:05 p.m., to reconvene at 9:00 a.m. on June 7, 2006.) ***** DAY 2 - June 7, 2006 Meeting reconvened at 9:00 a.m. on June 7, 2006 with the following members present CHAIRMAN: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager Michael Pettit, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 261 June 6-7, 2006 (Continued from June 6, 2006.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mic. CHAIRMAN HALAS: Thank you very much. Good morning, ladies and gentlemen. We're back in session from over the evening. And I believe we're starting off with Item 8-G. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Okay. Item #8G RESOLUTION OF DENIAL 2006-143: PETITION: PUDEX-2005- AR-8649 HAMMOCK PARK PUD, JOSEPH A. FILIPPELLI, FOR SEMBLER FLORIDA, REPRESENTED BY DWIGHT NADEAU, OF RWA, REQUESTING A 2-YEAR PUD EXTENSION TO THE HAMMOCK PARK COMMERCE CENTRE PUD MASTER PLAN AND PUD DOCUMENT PURSUANT TO LDC SECTION 10.02.13.D.5.A. THE SUBJECT PROPERTY, CONSISTING OF 18.15 ACRES, IS LOCATED ON THE NORTHEAST CORNER OF COLLIER BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD, SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; AND SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY~ FLORIDA - ADOPTED MR. MUDD: And that was previously 7-A. And it reads (as read): This item requires that all participants be sworn -- be sworn in and ex parte disclosure be provided by commission members. It's Petition: PUDEX-2005-AR-8649, Hammock Park PUD, Joseph A. Filippelli for Sembler Florida represented by Dwight Nadeau of R W A requesting a two-year PUD extension to the Hammock Park Commerce Center PUD Master Plan and PUD document pursuant to Land Development Code 10.02.13.D.5.a. The subject property Page 262 June 6-7, 2006 consisting of 18.15 acres is located in the northeast comer of Collier Boulevard and Rattlesnake Hammock Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26 East, Collier County, Florida. CHAIRMAN HALAS: All those that are going to be giving testimony in this please stand and rise to be sworn in. (The oath was administered to all speakers.) CHAIRMAN HALAS: Okay. Commissioner Coyle, do you have any ex parte on this particular item? COMMISSIONER COYLE: Yes. I have had meetings with the petitioner's representative concerning this item. And I've also talked with staff about it -- about this. CHAIRMAN HALAS: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Yes. On the former 7-A I met with Bruce Anderson on 6/6 and talked to staff about it. CHAIRMAN HALAS: Okay. The only ex parte I have on it is that I talked with staff on it. I didn't receive any other correspondence on this. COMMISSIONER FIALA: Yes. I met with the petitioner and met with staff. CHAIRMAN HALAS: Commissioner Henning. COMMISSIONER HENNING: I did speak to the county manager on this. CHAIRMAN HALAS: Okay. Thank you very much. You may proceed. MR. ANDERSON: Good morning, Mr. Chairman, Commissioners. For the record, my name is Bruce Anderson from the Roetzel & Andress Law Firm on behalf of the applicant. Before beginning the substance of the presentation I have a couple of procedural matters to address. Mr. Mudd is passing out to you two pages of the PUD extension application which needed to be corrected. They would replace pages 14 and 15 of your agenda packet Page 263 June 6-7, 2006 on this item. I will also provide a copy of these amended pages to the court reporter. The amended pages make references to Ordinance No. 2004-68 which is also attached to the amended pages and was also included in your agenda packet. This ordinance amended the legal description for this PUD property to correct an error in the legal description. The amended pages to the application also state that the correct date that this PUD will be sunseted is three years from when Ordinance 2004-68 was adopted. So the correct PUD sunset date would be October 20, 2007. The amended page also notes that this application is submitted under protest and the reason for the protest is because the PUD has not yet sunseted. I will get into more detail on that point in the substance of the presentation. The second procedural matter is to ask the commission to accept into evidence in the record the entirety of your agenda packet for this item, pages 1 through 97, as amended this morning. Also I need to correct a misstatement in the staff report. The misstatement says that no development approvals have been sought for any portion of the PUD. My client just purchased the property in September. And they did, in fact, seek development approval for a site development plan for 160,000 square feet of commercial uses; however, staff felt that they had to refuse to accept the site development plan application pending the outcome of this hearing. But my point is that ever since my client has acquired the property, they have pursued development diligently or tried to. My client's position may be summarized with three major points. Number one, the PUD does not sunset until October 20, 2007. Number two, Transportation Element Policy 5.1 does not apply to PUD extensions. Number three, even if Transportation Element Policy 5.1 was to be incorrectly applied to this PUD sunset, the policy authorizes mitigation as a way of complying. And my client has offered mitigation by a 20 percent reduction in intensity and impacts Page 264 June 6-7, 2006 from that authorized by the PUD. As to the first major issue, the PUD sunset review and extension regulations in the Land Development Code recognize two different classes of PUDs; those approved before October 24, 2001, and those that are approved on or after that date. The difference in the treatment of PUDs that are approved before October 2001 is that those are subject to a five-year period within which to commence development. And the commencement of development is measured by different standards than if the PUD was approved after October 2001. The PUD that's approved after October 2001 is subject to a three-year PUD sunset review. The Hammock Park PUD was originally approved before that magic date of October 2001; however, it was later discovered that there was an error in the legal description for the property that's within the PUD. And on October 26, 2004, the PUD was amended to correct the legal description and the name of the proj ect. I put up here on your visualizer the pertinent portion of the PUD sunset regulations. They state that any PUD approved before October 24, 2001, that receives subsequent amendment. approval shall be subj ect to the development criteria and time limits established for PUDs approved on or after October 24,2001. So the bottom line is because this PUD was, in fact, amended after October 2001, it became subj ect to the new measurement standards and a new three-year commencement of development requirements standard. This PUD has one more year to go to commence development before it becomes subject to sunset. And -- and besides the plain and clear language of your code on this point, as a legal matter development couldn't have gone forward on this PUD with every -- with everybody knowing there was an error in the legal description. That wouldn't have been right. So they couldn't have commenced development until the PUD had been amended to correct the error. I would ask you to take a close look at the plain language and ask Page 265 June 6-7, 2006 you to make a finding that the PUD will not become subject to sunset until three years after the last PUD amendment as the Land Development Code provides for. If you make that finding, it will be unnecessary to address the other two major issues. Your transportation staff -- let's go to the second one, the second issue, then. Unless the county attorney wants to respond. CHAIRMAN HALAS: I'd like to have the county attorney -- the county attorney respond in regards to exactly when is the establishment of this PUD and also I'd like some clarification in regards to the scrivener's error -_ MS. STUDENT-STIRLING: Oh, okay. CHAIRMAN HALAS: -- and how that affects the PUD. MS. STUDENT -STIRLING: Thank you. For the record, Margie Student-Stirling, Assistant County Attorney. It is the position of our office that the language that Mr. Anderson cited does not include a scrivener's error. And a scrivener's error would not stop the time from running on this particular PUD and be considered the type of amendment envisioned by the language in the land code. And that is because it is just a scrivener's error. And one little piece of description was left out, but the -- what really starts it is the approval of a PUD with a substantive provisions in it for the development of the project. CHAIRMAN HALAS: Okay. My other question is, would the scrivener's error cause the -- in the case that the attorney over here is stating, would that cause that there would be no development that could take place with the scrivener's error? MS. STUDENT-STIRLING: I don't think so. Staff may wish to weigh in on this. But it was merely the addition of one little provision of the legal description. And the legal description would be in the file for the PUD. And the PUD would also be shown on our zoning Atlas map. So I think that that is more of a form-over-substance argument. CHAIRMAN HALAS: So it would not deny the ability to have Page 266 June 6- 7, 2006 this PUD go forward, is that correct, with development? MS. STUDENT-STIRLING: I don't believe it would. Staffmay wish to weigh in on this because they're the ones that review the developments coming in under the PUD. CHAIRMAN HALAS: I'd like to get this cleared up. Go ahead, staff. MS. MURRAY: Good morning. Susan Murray. I stand as the zoning director. No. We would -- recognizing that there was an error in the legal description, I don't think that would stop us from accepting a development order application as long as we were assured that the scrivener's error was being pursued and later corrected through the PUD. CHAIRMAN HALAS: I've got to have something more definite. You said, "I think." MS. MURRAY : We would not. We would not refuse __ CHAIRMAN HALAS: Okay. MS. MURRAY: -- the application. CHAIRMAN HALAS: Commissioner Henning. MS. MURRAY: We would not approve the application until the scrivener's error was corrected, but we could accept the applications concurrently. CHAIRMAN HALAS: Okay. If the scrivener error was there, how soon can you get the scrivener's error taken care of? MS. MURRAY: As long as we meet the advertising requirements, it's a very short period of time. CHAIRMAN HALAS: So-- MS. MURRAY: Probably about -- CHAIRMAN HALAS: -- it's not five years or -- MS. MURRAY: Oh, no. CHAIRMAN HALAS: -- three years or two years; is that . correct? Page 267 June 6-7, 2006 MS. MURRAY: Once we found out about it and once we got the corrected legal description and then properly advertised the hearing, we could schedule it. It's not a major -- like Marjorie said, it's not a major event. You're looking at probably six to eight weeks. CHAIRMAN HALAS: So you're telling me it would not have any effect in regards to starting this PUD? MS. MURRAY: No. CHAIRMAN HALAS: Okay. Commissioner Henning. COMMISSIONER HENNING: Well, a scrivener's error doesn't require to go through the Environmental Advisory Counselor the Planning Commission. It's just something that goes on our summary agenda? MS. STUDENT -STIRLING: Yes. It doesn't go through the Planning Commission. And just to put it on the record, the scrivener's error involved the title of the PUD document which I would submit would not impact developability to go forward with development. And also what was left out was of the southwest quarter of the __ of a section. And as Susan Murray stated that staff would catch that and ask that the scrivener's amendment be processed. But in the meantime, they would be looking at the development order application. CHAIRMAN HALAS: So -- I'm sorry. COMMISSIONER HENNING: So this is a scrivener's error. Is it actually a PUD amendment or is it a-- MS. STUDENT-STIRLING: It's an amendment. A scrivener's error amendment, though. COMMISSIONER HENNING: Okay. MS. STUDENT-STIRLING: Just to correct what was originally contemplated in the approval. But because somebody left some language out or put the words together wrong, it constitutes a scrivener's error. COMMISSIONER HENNING: Okay. Page 268 June 6-7, 2006 MS. STUDENT-STIRLING: It's a form type of amendment rather than a substance type of amendment. COMMISSIONER HENNING: Okay. Well, I'd like to hear from the applicant on -- on what kind of permits that he's applied for in that time frame, then. MR. ANDERSON: The -- the then property owner, because my client only acquired property this past September, but the prior owner had been pursuing their environmental permits. And I've just been handed a copy of the -- is this the ERP permit -- issued for the project in -- and it's dated April 2005. COMMISSIONER HENNING: Okay. Any others? MR. ANDERSON: And applications are pending for the Army Corps permit as well for this property. COMMISSIONER HENNING: Part of the ERP. Thank you. CHAIRMAN HALAS: Commissioner Coyle. COMMISSIONER COYLE: I think that answered part of my question. Ms. Murray, could I -- could I just pursue something with you, please. You haven't received any applications of any kind, have you? MS: MURRAY: Not to my knowledge. Melissa Zone is the planner assigned to that. And she informed me that the applicant had a pre-application meeting, but we have not received any formal application. COMMISSIONER COYLE: When was the preapplication meeting? MS. MURRAY: I think November or December of -- November of2005. COMMISSIONER COYLE: 2005. And -- and that would have been the new owner or the first owner? So it was the new owner? MS. MURRAY: I'll have to ask. COMMISSIONER COYLE: Okay. Now, I think that answers my question. Thank you very much, Susan. Page 269 June 6-7, 2006 Now with respect to the sunseting provisions, the change in ownership has absolutely nothing to do with any of this; right? MS. STUDENT-STIRLING: That's correct. COMMISSIONER COYLE: I mean, when -- when a new owner buys the property, they have -- they have the responsibility to do due diligence. MS. STUDENT-STIRLING: That's correct. COMMISSIONER COYLE: And so they understand what the potential sunseting requirement is __ MS. STUDENT-STIRLING: That's correct. COMMISSIONER COYLE: -- right? Okay. All right. MR. ANDERSON: My point was simply that my client hadn't sat on it for five years. That was __ COMMISSIONER COYLE: Yeah. I understand. But I think-- I think staff is addressing it from the standpoint of the PUD itself, not -- not who owns it. MR. ANDERSON: Oh, sure. Sure. Sure. But the question is always, well, why haven't you acted on the PUD and r wanted to try to answer that. COMMISSIONER COYLE: Yeah. MR. ANDERSON: And -- and I was not at the pre-application meeting. But it is my understanding that at the pre-application meeting that was held for the SDP on this property, that they were told at that pre-application meeting that the county would not accept the SDP. COMMISSIONER COYLE: But they were told that because it was the staffs belief that its PUD had already expired. MR. ANDERSON: Yes, yes. COMMISSIONER COYLE: Okay. And -- and if the county attorney's interpretation is correct that a scrivener's error does not in itself extend the PUD, the staff was perfectly right. MR. ANDERSON: Oh, yes. Yes. Yes. Yes. Page 270 June 6-7, 2006 COMMISSIONER COYLE: Thank you. CHAIRMAN HALAS: Okay. Any other questions? Proceed. MR. ANDERSON: Thank you, sir. Your transportation staff points to Transportation Element Policy 5.1 as the basis for their recommendation of denial on this PUD extension request. And the language of this policy states that it applies to rezones, SRA designations, conditional uses, and future land use element amendments. These are the only four types of application that this policy applies to. These -- those applications are specifically listed, but a PUD extension is not one of the applications listed in this policy. I would suggest that if staff wants to make PUD extensions subject to Policy 5.1, then the comprehensive plan needs to be amended to add that to the list that are in there or either to say in the comprehensive plan 5.1 applies to all land use applications and not specify, you know, just three or four. That can be done as part of the evaluation and appraisal report amendments, but it doesn't apply today. Now, staff will probably also tell you that PUD sunset language states that we have to measure the extension request against concurrency requirements and, therefore, we need to apply Policy 5.1 anyway even ifby its terms it wouldn't otherwise apply. And that it's necessary to eliminate some inconsistency between the Land Development Code and the Growth Management Plan. However, the Growth Management Act states that where there's a conflict or an inconsistency between your plan and your Land Development Code, that the Growth Management Plan controls. And, again, the Growth Management Plan doesn't mention PUD extensions as being subject to that policy. Even if you apply Transportation Policy 5.1 to this project incorrectly, it does authorize mitigation as a way to satisfy the policy. My client has offered a mitigating condition in order to make this PUD extension comply with Policy 5.1. My client offered to reduce Page 271 June 6-7, 2006 permanently the building square footage that he can build on this property as a part of this PUD extension and/or SDP submittal if one would finally be accepted. My client will reduce from 200,000 square feet to 160,000 square feet the amount of commercial building on this PUD. That's a 20 percent reduction in intensity and impacts. And with this reduction the level of service triggers that are in Policy 5.1 are no longer triggered by this PUD. Not only is Policy 5.1 complied with as a result of that reduction, but the mitigation itself removes the PUD from tripping the trigger on Policy 5.1. Now, I understand from prior conversations with the County Attorney's Office that they may tell you that you can't attach any conditions to a PUD extension. But that ignores precedent that has been previously set wherein at least one instance that I know of personally because I was involved in it, commissions in the past have been permitted by the County Attorney's Office to attach conditions to a PUD extension resolution. I'd like to distribute, introduce into the record a copy of Resolution 97-72 which amended the Imperial Lakes PUD subject to certain specified future SDP amendment conditions which are set forth in the resolution. In addition to the condition that I offered up about the permanent reduction in square footage, my client is also willing to add a further condition that they will not build in excess of 120,000 square feet until Davis Boulevard is six -laned. Now, the reason that I've been -- oh, lastly, I'd like to read into the record and distribute a copy of a letter of support from Collier Regional Medical Center, Chief Executive Officer Mike Mastej. It states -- this is addressed to Joe -- Joseph Filippelli vice president of the Sembler Company. (As read): Dear Joe, this letter is to confirm our recent conversation with you regarding the future retail medical offices proposed at Hammock Park Commerce Center at the corner of Collier Boulevard, County Road 951 and Rattlesnake Hammock Road in Naples, Florida. Collier Regional Medical Center is very interested Page 272 June 6-7, 2006 in seeing the development of retail stores and office space to include medical offices. As you know, we are very near completion of our hospital and anticipate our opening our facilities in the first quarter of 2007. Our medical facilities will serve the surrounding communities and will employ hundreds of employees which will include doctors and medical personnel. Your proposed project will provide many services to our employees as well as hospital visitors. You indicated that you have interest from banks, restaurants, convenience stores, drugstores as well as office space. The project would be very complementary to our hospital since there is a serious lack of services in the immediate area. We look forward to the opportunity to work with you and we hope to potentially lease some of the medical space you will provide as our office needs will soon outgrow our facilities. If Collier Regional Medical Center can be of assistance, please don't hesitate to contact us. I'm -- and I'm going to have an exhibit put up on the board here that shows the distance between Collier Regional Medical Center and this PUD. And it also shows an interconnection easement that exists that would enable the hospital to directly access the traffic light at Rattlesnake Hammock Road. If you would, point out the easement. Thank you. I would respectfully ask you to extend the PUD for at least two more years with or without the condition that my client offered and will live with regardless of whether you make it an express condition of the PUD extension approval. County attorney says you can't do that, fine. We'll go ahead and tell you that we'll do that anyway. And Reed Jarvie is here to testify about the reduction in square footage and how that would affect transportation Policy 5.1 if you wish to hear that or have any questions. Thank you. And I'll be happy to answer any questions you might Page 273 June 6-7, 2006 have. CHAIRMAN HALAS: Commissioner Coletta. COMMISSIONER COLETTA: Mr. Anderson? MR. ANDERSON: Yes, sir. COMMISSIONER COLETTA: We're not sure when, if you do get permission to go ahead and if you do do this project when it would be built. I mean, do you have any idea on the timetable? MR. ANDERSON: Oh, just as soon as we could get SDP approval and the other permits. COMMISSIONER COLETTA: And that's how long? Just -- I mean, just on the outside. I -- I realize you can't be held to other people's actions. MR. ANDERSON: Okay. Fifteen -- an estimated fifteen more months of permitting. COMMISSIONER COLETTA: Okay. MR. ANDERSON: And then the construction would be -- begin after that and would take approximately nine months. So we're talking two years. COMMISSIONER COLETTA: Okay. Now, one of my concerns is we are -- we're in the process of coming up with a linkage fee. And it hasn't passed the commission, but when it comes to them it may pass. And the idea of the linkage fee is to be able to come up with a mechanism to be able to come up with funds for affordable housing. Would this approval today in any way prohibit us from being able to collect that linkage fee in the future? MR. ANDERSON: No, sir. It would just depend how you word the ordinance and when you apply the linkage fee payment. I would anticipate that you would do it the same way you do impact fees and you collect it at the time of building permit. COMMISSIONER COLETTA: Was there a way that -- I'm sorry. Forgive me for these questions, but I'm trying to find a way to Page 274 June 6-7, 2006 ensure that when we get down the road that this isn't one that slips by us. Is there a way that a condition could come by where it would be recognized that the C.O. if it wasn't in process -- in place at the time of permitting? I just want to see if there's some mechanism where we can collect it. And I hate to miss it by a matter of weeks or months because of some oversight on our part here today. Is there something the County Attorney's Office can offer on this? MS. STUDENT-STIRLING: I -- I was having a little sidebar here with Mr. Pettit for a moment. Could you state the -- restate the issue for me again, please. Thank you. COMMISSIONER COLETTA: Ms. Student, what I'm concerned about is the fact that a linkage fee that we mayor may not pass from this commission, if we do pass it, my concern is that we may do something here today that would inhibit our ability to collect it from this particular project. Is there something that we could do at this time to ensure the fact that we would have that right to collect it? MS. STUDENT-STIRLING: Well, I think that goes back to putting conditions and a resolution that would extend the PUD. And our concern all along about that was having a couple documents around that deal with this development rather than having it in a PUD document. And we also have a provision in our code that say that any text amendments to the PUD have to go through the process that you go through to amend the PUD. So when you get further down the field with this, you know, then it becomes more of a text amendment to an existing PUD. And our concern, again, is putting these things in a resolution and having, you know, several documents or more than one document that governs development. And I would submit that any substantive -- Mr. Anderson's first proposal was to bring in a site plan for 160,000 square feet instead of 200,000 square feet. Now, that can live -- can live under the provisions of the PUD because the PUD has a maximum of200,000 Page 275 June 6-7, 2006 square feet. So you could go less than that and still be consistent with that PUD document. So our concern there about putting that in a resolution was truly a concern about having, you know, more than one document develop __ running around that governs development. But when you get into these other issues about linkage fees and about mitigation in terms of roadways that are going to be constructed, in my opinion you definitely get into text changes to a PUD document and it would be my legal opinion that that can -- definitely cannot go in a resolution and needs to go in a PUD amendment. And I would also like to address a couple of the points that Mr. Anderson raised, if I might, about 5.1. The Land Development Code specifically refers back to the comp plan. And it talks about concurrency requirements. It doesn't say specifically, but it says concurrency requirements. And I understand Mr. Anderson's statement that Policy 5.1 only calls about four types of development orders. But consistency with the comp plan as it's defined in the code talks about land use density and intensity. So I would submit that these other things are ancillary to that because it refers back to concurrency, that our 5.1 is our first look at concurrency at the rezone level. Then we get further into the development, we apply the adequate public facilities ordinance for concurrency. I would also submit that if you hadn't developed anything yet or much of anything yet, as would happen that would trigger you to have to come back here because you hadn't developed to get an extension, that you would never be looking at those. The other concurrency requirements that you look at site plan platting or building permit, you never would have gotten there yet. So then it wouldn't make any sense to write this into our land code unless you were looking at this -- if you want to call it up- front concurrency requirement. And I also want to state that when you're extending a PUD, while it's not exactly a rezone, it operates like you're giving them -_ you're Page 276 June 6-7, 2006 giving them an extension of a rezoning that you granted. So operationally it is like a rezone. And I also want to address the resolution that Mr. Anderson passed out from 1997. The first three conditions were standard conditions that just go with PUD -- at that time that just went with PUD extensions. And the fourth one has to do with a site plan, a final site development plan that had -- had apparently already been approved and was just a condition to clarify what provisions of the land code that site plan would be subject to. Because it was approved in '89 and we did changes to our land code, massive ones, in 1991. So it was just a clarification. And I would argue that that's very distinguishable from this situation. COMMISSIONER COLETTA: Okay. I'm sorry. Let me --let me sum this up really quick. The recommendations from County Attorney's Office are? MS. STUDENT-STIRLING: That would be to do a PUD amendment to put these conditions -- mitigation conditions that Mr. Anderson is offering up in a PUD amendment. COMMISSIONER COLETTA: Okay. That has to be in another time? It couldn't be done today? MS. STUDENT-STIRLING: No. It has to be reviewed by staff and advertised and go through the Planning Commission and the county commission. COMMISSIONER COLETTA: Your recommendation is to denial? MS. STUDENT-STIRLING: It would be -- the recommendation for these extra conditions would be if you want these extra conditions, you'd have to do a PUD amendment. COMMISSIONER COYLE: That's a different question, but __ COMMISSIONER FIALA: That's all right. COMMISSIONER COYLE: Ijust want to clarify his question. I don't think -- there was a -- I think he was asking what your Page 277 June 6-7, 2006 recommendation is on the extension of the PUD, not on these other items. MS. STUDENT-STIRLING: Well, my recommendation on the extension, if you just want to extend it without the __ COMMISSIONER COYLE: No. No. No. He -- I think he was just saying, is there a reason to extend this PUD? MS. STUDENT-STIRLING: Okay. If you just look at that issue, that's a finding the board must make based upon the criteria. You have a staff recommendation of denial for failure to meet concurrency requirements. I believe that's a correct analysis by staff. COMMISSIONER COYLE: Okay. I think you're there. MS. STUDENT-STIRLING: If you want to -- you have to break this down because it's not exactly a black-and-white answer. If you want to just look at whether to approve or deny, then you need to look at these three conditions and what staff has to say about whether or not those conditions were met. And the board makes that decision based upon what you hear today and whether or not the condition is met. If you want extra conditions that deal with the roadway, that deal with linkage, I would say absolutely that has to go into a PUD amendment because that would be a text change and our code requires that that type of thing go through the PUD amendment process. And I think that's a little bit -- that's a little bit of an ancillary issue to the issue of whether to extend or deny. So that's why I'm saying, it's not as simple as just a black-and-white answer. MR. ANDERSON: May I comment, please? The kind of conditions that we're talking about that my client has voluntarily offered, no ones imposed it on him, are the -- exactly the kinds of conditions that staff imposes every day on site development plans. So you strip away everything and their position is that the boss can't do what the underlings can. COMMISSIONER COYLE: Who are the bosses and who are the underlings? Page 278 June 6-7, 2006 MR. ANDERSON: You are the boss. CHAIRMAN HALAS: No, we're the underlings. COMMISSIONER COYLE: That's right. MR. MUDD: Some would say you are. MR. ANDERSON: We're looking for a practical solution to satisfy what are real needs in this surrounding area. And, you know, whether it's with a wink and a nod or however you want to do it, my client's willing to live with 160,000 square feet which brings us below the 5.1 threshold. And, you know, they want to get their SDP in and get on with the program. So please extend this PUD and I promise you you'll see an SDP for only 160,000 square feet. CHAIRMAN HALAS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I really wanted to talk to transportation for a minute. One of the things that I was very concerned with is if this is -- if this is no longer consistent with the current transportation element, some of the things that I read throughout this thing where they were talking on page 15 of 97 that the only zoning that had been -- zoning changes that had been approved and they went on with the medical center and Hammock Park or -- and Naples Lakes. But since then the super Wal-Mart's been built and with a crushing blow of traffic from that, we're going to be having Davis Boulevard. I'm sorry. Davis Boulevard isn't going to be widened nor is the intersection going to be repaired, but Rattlesnake is under construction. 951 will be under construction as will County Barn Road which all relate to this area. Sierra Meadows is now being built. We have EOC and the library going in right down the street as well. We're going to -- you know, we can't keep approving things on this road when nobody's going to be able to move. I -- I realize everybody would like to see all of these things coming, but we have to think of what we're doing to 951. And what we're going to have to live with forever after. And it concerns me deeply. What do you say. Page 279 June 6-7, 2006 MR. SCOTT: Our specific review was based on their percent impact was significant on 951 and we always keep going with the next links until they're not significant anymore. That touches on Davis Boulevard. I don't know when Davis Boulevard's going to be widened. I know it's failing. That's why we said -- why we put the response that we did for denial. COMMISSIONER FIALA: Okay. And from what I understand previously, this road that we're talking about, 951, even though we're going to be repairing it is -- is -- will be in failing mode, what was it, 2012 or 2014? MR. SCOTT: Well, that was a projection previously. COMMISSIONER FIALA: Right. MR. SCOTT: It wasn't a model projection. Hopefully it will not be in that kind of time frame, but you are touching on -- you know, the beginning of the conversation you touched on; they were approved previously with certain conditions just like Lely was at one time with proj ections of traffic and now that traffic is much higher than was originally -- COMMISSIONER FIALA: Right. MR. SCOTT: -- projected. COMMISSIONER FIALA: Right. And we've been doing all of our projections even now on one-seventh per year. And -- and I'm just -- I'm terribly worried. If we don't start reigning in some of this development, we're not going to be able to move. And we're going to have another Immokalee Road. So I -- I'm just looking. Do you feel that this is a good thing to approve, keep on going or do you think we need to be readjusting it to today's current transportation element? MR. SCOTT: I'm -- should they reduce it and come in? I'd like to have -- make the improvements first like we were talking about yesterday and then deal with the property, but that's my preference. COMMISSIONER FIALA: Uh-huh. And you did recommend denial; correct? Page 280 June 6-7, 2006 MR. SCOTT: Don Scott, transportation planning. Yes. COMMISSIONER FIALA: And you did recommend denial? MR. SCOTT: Yes. COMMISSIONER FIALA: And I think this did answer most of my questions. They had an analysis here on page 55 and it talked about the directional split at the new trip supplied and sited generated traffic. Were all of the previously approved PUDs included in this analysis or only that particular one? MR. SCOTT: For a directional split at that project it's -- it's their project, not everybody else's. COMMISSIONER FIALA: Okay. Okay. I think that -- yeah. I think that that's all. I asked you the other things in my office the other day. Thank you very much. CHAIRMAN HALAS: Okay. Commissioner Henning. COMMISSIONER HENNING: Mr. Scott, now, please don't go away. Is it true that if they do under 60 square foot, they go below the threshold? MR. SCOTT: What would happen is that the percent impact on 951 would drop below 3 percent. Now, obviously, that's not with what we submitted to DCA, but 3 percent's what our current rules are. It would drop below 3 percent. And then we wouldn't look at the next segment, which would be the Davis Boulevard. And so at the moment you would say, okay, it's consistent. COMMISSIONER HENNING: Wait a minute. Okay. I can't hear. Sorry. COMMISSIONER FIALA: Say it again. MR. SCOTT: Essentially dropping the 20 percent lowers the trip impact on 951. If it's lower than 3 percent, you -- you look at that link. Then you don't look at the next link. That's where the Davis Boulevard and the failure comes in. COMMISSIONER HENNING: Okay. So policy - interesting discussion of the sunset on this. And you're saying that we cannot Page 281 June 6-7, 2006 arbitrarily say that you can only go up to 160,000 square feet and that would have to be a PUD amendment? MS. STUDENT-STIRLING: Could I clarify that? It wouldn't be illegal to put a provision like that in the resolution, but the difficulties that could arise from it is having a PUD out there that -- I'm talking about practical difficulties that could arise with a 200,000-foot maximum. And that's in an ordinance. And then you have a resolution with this condition that it's 160,000 square feet. And the idea just being proactive and looking up front that if it's sold again or they want to come in and amend and maybe put more square footage than the 160,000, then, oh, you look at the PUD and it says, oh, well, you can do up to 200,000 square feet. And then we have this other resolution out here that conditions that -- that they're only going to do 160,000, but that's nowhere in the PUD document. And could that somehow -- mistakes happen. Oversights are made. Could that resolution somehow not be reviewed by somebody in planning. And then a change would be made that would violate the condition, the resolution, but still be consistent with the PUD. So that was our concern. MR. ANDERSON: That could be easily remedied by simply recording the resolution. That puts the world on notice. COMMISSIONER HENNING: Well, it does put the world on notice, but I'm not sure if our staff and community development reads, goes into the clerk's recording. But if -- if the intent is to remove the threshold so we don't take a look at the links, the transportation links, I personally have a lot of concern about that. You know, it's -- it impacts on all our roads. We don't know when Davis Boulevard is going to be an improved at this time, so... MR. SCOTT: I'd say in fairness they're saying we're also lowering our impact, but that's -- CHAIRMAN HALAS: Are you done? COMMISSIONER HENNING: Yes. Thank you. Page 282 -."-",,,.._ -v- 'T" ~o~,. ^ June 6-7, 2006 COMMISSIONER COYLE: Yeah. And Ijust want to follow that point just a moment. That -- that's the reason during the EAR report we lowered the thresholds in our submission to DCA. There are two reasons for that. That reason, first of all. The other reason is that 2 percent or 3 percent of a two-lane road impact is a lot less than 3 percent of a six-lane road impact. So we're going to more six-lane roads, so it's logical that we adjust the percentage. Otherwise, huge impacts can occur and fall under the threshold. But now I just want to make sure that I understood the full implications of what Mr. Scott said. If it -- if the impact falls within the 3 percent, the current 3 percent threshold on the primary impacted facility, that means you don't consider its impact on secondary facilities that might already be in failure. MR. SCOTT: That's correct. COMMISSIONER COYLE: So -- so what we're saying is that if you meet the 3 percent threshold on -- on Collier Boulevard, you don't even get to use that impact to take into consideration what's happening at Davis Boulevard or the Davis intersection. CHAIRMAN HALAS: That's correct. COMMISSIONER COYLE: And that is just lunacy; right? And we've got to -- we've got to deal with that. And -- and we're -- I suspect that's one of the things Mr. Scott was saying yesterday, that DCA is not likely to -- to approve for us. Which means we're going to have to go head to head with DCA at some point on these issues if it is through a lawsuit or some other process. MR. SCOTT: And you're absolutely correct about it. One of the -- I -- I was reviewing yesterday in a development that's on a certain roadway and they said our biggest impact is down the road. But because it's on a two-lane roadway, even though they're on a soon to be if six-lane roadway, you can have large numbers at 3 percent for six lane. COMMISSIONER COYLE: Yeah. Page 283 June 6-7, 2006 CHAIRMAN HALAS: Do we have a report from staff on this? MR. ANDERSON: What -- what would you want us to amend the PUD to say? If you want us -- if we're -- if it's your recommendation that we be required to submit a PUD amendment. MR. SCOTT: Well, I'm going -- I'm going based on our conversations yesterday. I would assume by what we're talking about we would say that you wouldn't be able to develop until Davis Boulevard is at least near-term or I would think some of the conversation yesterday may be under construction or even completed, but -- COMMISSIONER COYLE: Complete sounds real good. MR. SCOTT: -- but I'm going by direction. CHAIRMAN HALAS: Can we have presentation by staff now, please? MS. ZONE: Good morning, Commissioners. Melissa Zone, Principal Planner with the Department of Zoning and Land Development and Review. F or clarification on some issues that were discussed earlier this morning, the S -- SDP for Hammock Park was brought in. I was the planner reviewing back in November of'05. No one in that review process told the applicant that they could not submit the SDP, though they were aware because the PUD extension was also under review. But no one told them that we would not take the application or we would not review it. So I just want to make sure for clarification that that was noted. You know where the subject location is and the map here -- thank you. And we review -- the staff reviews PUD extensions on three criterias. And it's part of the LDC, Section 10.02.13 of the LDC. And what we review is the consistency with the current Growth Management Plan density, intensity and concurrency requirements. This PUD meets everything but the concurrency with traffic. The intensity, the density of the location around the compatibility all meet Page 284 June 6-7, 2006 except for traffic concurrency. Staff is -- is under the impression if you were to review PUD extensions similar to a PUD amendment, then I would think that we would have to amend the criteria in the LDC on how we review PUD extensions. And that would concern me, you know, doing reviews that are not set up under our LDC. The second criteria is a compatibility which, of course, the PUD meets compatibility with the surrounding area. And the third criteria if approved with this development in or by itself affect public facilities, the roadways, of course, being one of them. PUD document has language that does address the other public facilities. So the criteria being here transportation which, you know, because of deficiency on the county roadways is why they have recommended denial and staff has supported them. I don't know if you have any other questions on how we reviewed it or the SDP. CHAIRMAN HALAS: Any other questions? Commissioner Coyle. COMMISSIONER COYLE: Just one question. Was it your belief at the time you were meeting with the -- the petitioner that the PUD had already expired in October of last year? MS. ZONE: Well, because of the criteria in the LDC and the fact that they were in for PUD extension already, their application, we did not deny them in any way anything we offered to any of the other applicants in the review process. But we haven't seen -- though they came in for the preap, they've never submitted. So we couldn't even say we denied this pre -- or this submittal because they never submitted. It might be the applicant or their agents who recommended them not to submit it until this was fulfilled. But we ourselves in zoning did not see the full application. COMMISSIONER COYLE: Okay. Let me pursue it just a little bit further. You continued to talk with the petitioner and answer their questions? Page 285 June 6-7, 2006 MS. ZONE: Certainly. COMMISSIONER COYLE: Even beyond the point in time when you thought that the PUD had expired? MS. ZONE: We -- we've had open dialogue all along and county staff has been willing to review. You cannot finalize the development order to the PUD extension, but the willingness -- the willingness to review it, to have the open discussion has always been there. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HALAS: Any other questions? Ifnot, I'll ask for public hearing to be opened. MS. FILSON: Mr. Chairman, I have one speaker, Bob Murray. CHAIRMAN HALAS: Okay. MR. MURRAY: Good morning, Commissioners. Mr. Filippelli who represents Sembler contacted me as representative of the East Naples Civic Association and sought counsel and assistance in going forward with this. I've learned some things this morning listening to what's going on. I hadn't become familiar with all the particulars because my concern wasn't there for that. And I want to just cover something. On the board over there is the properties. And we see a line that is indicative of a proposed roadway. And in the course of my conversation, I determined, learned from Mr. Filippelli that the space between his property and the hospital, for instance, and -- is of the Toll Brothers Commercial which they have unified control. They have the complete control to develop that so that they have a right to run a road through there. And the conditions that I put on for providing assistance of the East Naples Civic to come here and speak on their behalf was that if they were to obtain approval, that we certainly need help on the roads. And the interest that we have is to try to take and alleviate some of the traffic. And by having that road in the back, using, I believe, the FP &L easement and other property, they can certainly help in that regard. And that is why I'm here this Page 286 June 6-7, 2006 morning. I'm not familiar with the particulars of why it is going to expire and all the other things about it. Now, I do know that Mike Mastej and I in a conversation he also expressed to me his desire to see, because Mr. Filippelli said he'd be very happy. If you look at that parcel, the above parcel which is the parcel in question, he intends to provide office space which Collier Regional definitely will need. And so with additional restaurants and things of that nature on behalf of our communities and good growth, planning for a, if you will, a proper division of opportunities for people in the commercial -- commercial interests, restaurants, dry cleaner, but various types of services that should be available there, there are none in that general area. Now given that you decide to -- whatever you do or even for the future, I would hope that you would make it an inclusion that that road be a part of it. And that's my particular interest in this. And it is on behalf of the communities. And I thank you. CHAIRMAN HALAS: Okay. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN HALAS: Thank you very much. Close the public hearing at this time. Are there any other questions? (No response.) CHAIRMAN HALAS: Is there a motion? MR. ANDERSON: Well, I wanted to -- I wanted to make another proposal to you. And that would be to extend the PUD. We will agree to file a PUD amendment. And the combination of these two would allow my client to file their SDP and get it in process and get it, you know, ultimately approved. But it would accomplish -- we could put in those conditions that we've offered up, if that will make the county attorney happy, that we've gone through that hoop. We do have a need for these services out here and I ask you to keep -- keep that in mind as well. Page 287 June 6-7, 2006 CHAIRMAN HALAS: Commissioner Henning. COMMISSIONER HENNING: Well, we don't know what kind of services you're going to be providing. That's -- PUD is not detailed enough to know what's going to be on the ground. MR. ANDERSON: Well, we know that we'd have -- COMMISSIONER HENNING: I don't understand what you're asking. If we sunset it, you got to -- you amend the PUD anyway. You have to come back in for a PUD. The PUD and, correct me if I'm wrong, really doesn't go away. You just have to come in and renew it. So what's the difference of what -- if we sunset it versus what you're suggesting? MR. ANDERSON: Well, it would be -- let me find out. Maybe staff will agree that they will accept the SDP and process it while the PUD amendment is -- is being renewed. CHAIRMAN HALAS: County attorney. COMMISSIONER HENNING: I don't think they -- they will do that. Is that the issue is submit the SDP? MR. ANDERSON: Yes, sir. CHAIRMAN HALAS: County attorney, can you give us some advice -- MS. STUDENT-STIRLING: Yes. CHAIRMAN HALAS: -- and shed some light on that for us? MS. STUDENT-STIRLING: If -- if the PUD is sunseted, then the staff -- you can't get any development order approvals under a sunseted PUD. And nothing would happen until they came back for the amendment. I'd like staffs input. What we might be able to do is not -- and this would be a procedural thing, again, so we're not putting substance in a resolution. But not sunset it and approve the extension condition upon a PUD amendment that would do certain things. So they could have the ability to bring in their development order and have it under staff review. And then any amendments to the PUD could be caught in the site development plan and that wouldn't hold Page 288 June 6-7, 2006 them up for that time that they have to do the amendment. Now, I'm going to defer to staff here and see if they can -- if live with something like that, but that would have the effect of making it a conditional extension so they could submit their site development plan and have it be reviewed rather than be sunseted and they're dead in the water until the PUD amendment's done. CHAIRMAN HALAS: What's the difference if that -- if it's sunseted and they come back in? They just have to follow the guidelines that we now have on our Land Development Code; right? MS. STUDENT -STIRLING: If it's sunseted, it's -- the PUD is there, but you can't do anything with it till you do the amendment codes. The sunseted PUD you can't do -- approve development orders under it. CHAIRMAN HALAS: Okay. Is there -- is there any criteria that if we sunset this that there's some -- that there's criteria that they have to bring up-to-date in regards to what may have changed in our Land Development Code and comp plans? MS. STUDENT-STIRLING: When they do the amendment-- when they do the amendment that -- that would typically be done. But what I'm trying to say is there is a way to get there, I believe, and I think you should take comment from staff, but that would be to extend the PUD with the condition that they come in with an amendment to do these certain things. And that way you could get the site development plan review going rather than have them being dead in the water. That's my -- and I'd like staff to opine. MS. ZONE: Thank you, Margie. For clarification, if it's the PUD extension, if it's approved or denied regardless of that decision today, the applicant comes back and applies for a PUD amendment which is pretty obvious they are going to need to do. That the zoning department will review not only the PUD amendment, but we also will review the SDP. The SDP would be held and approved if they meet all of the criterias that are set forth in the LDC upon the approval of Page 289 June 6-7, 2006 the PUD amendment. But we can do that simultaneously. And that's not a problem. That's a policy that the zoning department does. The issue here is the PUD extension, if you're going to approve it or deny it. And based on the criteria, that's set forth. CHAIRMAN HALAS: Commissioner Henning. COMMISSIONER HENNING: Well, I think that pretty much answers -- answers my question. They could do simultaneous review while they amend the PUD even if we sunset it. So it's -- it's really no -- no difference. MS. ZONE: Correct. We just wouldn't approve the SDP until the PUD amendment was approved. And the applicant would be aware of that. But that, you know, we would not stop their process so they could move forward. And knowing what issues are out there with transportation, would the SDP be approved anyway. You have to question -- question that as well. CHAIRMAN HALAS: I think the county attorney-- COMMISSIONER HENNING: I'm not done yet. MS. STUDENT-STIRLING: I just -- MS. ZONE: I'm sorry. Sorry, Commissioner. MS. STUDENT -STIRLING: Just for clarification, I talked to Ms. Murray and she stated what Ms. Zone said that if they got the PUD amendment in, even if it had been sunseted, if they got the PUD amendment in, they would process the -- you know, they would accept the SDP. MS. ZONE: Correct. COMMISSIONER HENNING: The -- is there different requirements for a review whether it's an amendment or a sunset? MS. ZONE: Well, in our LDC there's certain requirements. And depending on what they're asking for in the PUD amendment sets forth certain criterias to review. The SDP has a more stringent review. And I think with concurrency for a PUD extension, PUD amendments, we look at five years and SDPs, and Don Scott would Page 290 June 6-7, 2006 correct me, but I think we look at even a shorter time frame for development orders because that's more of an immediate development. And so their criteria would actually be more stringent. COMMISSIONER HENNING: More stringent which way? MS. ZONE: As in shorter time frame for roadway improvements. COMMISSIONER HENNING: It would be more stringent under a -- MS. ZONE: Shorter --I'm sorry, Commissioner. COMMISSIONER HENNING: Amendment or a sunset? MS. ZONE: No, during the development order which would be the SDP. So-- COMMISSIONER HENNING: Okay. And you do that in-house? MS. ZONE: . Correct. COMMISSIONER HENNING: Okay. MR. MUDD: I mean, basically under -- runs it under the concurrency rule and take a look at your development. COMMISSIONER HENNING: Right. Okay. Yes. Thank you. CHAIRMAN HALAS: Commissioner Coyle. COMMISSIONER COYLE: Does the petitioner want to say something before I ask my question? Is that -- MR. FILIPPELLI: Yes. If I could have a moment to speak. And I'd very much like to clarify. My name is Joe Filippelli. I'm with the Sembler Company. And if you would give me a few moments, I'd like to clarify some various items that have been discussed and kind of explain our plan over here and answer some of the questions I've heard that I haven't had an opportunity to speak, if you don't mind. COMMISSIONER COYLE: I'll hold off on my question. MR. FILIPPELLI: First thing I want to explain to you is that it's -- it's our opinion that the hospital right now has a recorded easement Page 291 June 6-7, 2006 to contact -- to connect to Rattlesnake. We actually recorded that easement. And provided we did an SDP, this Rattlesnake extension road here is just a gravel, slash, some pavement road. And the bridge here is in a state of disrepair also. And when we -- if we were to get a SDP approved, we would, you know, replace that bridge. We would build the road to at least this location which would allow this interconnect. And from what I understand, the development down south yesterday was even looking at the interconnect. I mean, what we were trying to accomplish was to have, you know, some connection -- connectivity with the hospital off of 951. And the folks at the hospital could then get to Rattlesnake and make their turns and make their movements without ever addressing 951. And that's one of the reasons that HMA has been so cooperative with us on -- because right now they have two points and they're just on 951. And HMA had explained to me that they have a need for 270,000 square feet of medical office building for their development for their hospital. And they're building approximately 80,000 square feet today. And that 20,000 square feet of that 80 will not be used for medical office. It will be their own in-house office. Therefore, it leaves another 200,000 square feet of need to support the hospital. And -- and that's what we were trying to do. That's -- we've been in negotiations with them on potential medical office buildings. There's a lot of ancillary services to a hospital. When you go to the hospital -- my -- my son banged his head real bad. And I was up in the Naples -- Naples Community Hospital up in NCH up in Immokalee. And, you know, my wife and kids were in the waiting room while I'm in the other -- you know, in the doctor's office for a couple hours. And what happens is if you have these services, those people -- according to that example, one of many examples, can go and -- you know, go to a restaurant or after they get their prescriptions or, like, get an ice pack, they can go to the drugstore. Page 292 June 6-7, 2006 You know, that's what we're trying to provide here. And we do have commitments from every one of those types of users right now. And so we could -- we could -- we could move forward. That's why we want to move forward with our SDP. That's kind of our grand scheme of what we want to do there just to answer your question. I also wanted to mention that it's my recollection that we submitted our -- we had a preapplication in the first week of November. And the -- the later part of November is when we actually, you know, would have sunset based on, you know -- you know, overlooking Mr. Anderson's points. I believe that's correct. I mean, if the staff -- I just wanted to make sure that you understood we did get in before it sunset. And we did talk about submitting the SDP. And it's my recollection also that Nick in the traffic department indicated to us that, you know, we couldn't submit our SDP because of the sunset. I mean, we -- that's my recollection. I'm not trying to pick a fight with the -- the county. But we were under that impression. We have prepared a complete set of plans for an SDP submittal. We were prepared to submit them. Another couple of clarifications. I was in the hearing yesterday and it was educational. And I appreciate and understand your concerns about 951 and the different road -- roads out there. In addition to what Mr. Anderson has been authorized to offer up as potential conditions to our extension, I would even propose that anything over 80,000 square feet within our -- our development would have to be postponed until I believe mid 2008 is when the 951 is scheduled to be complete. And I understand your -- you know, the commission's desire to phase projects in with the road improvements. And I'd -- I'd like to put that out there for consideration or an addition. And we would also be fine with adding the -- the linkage -- the potential linkage of the linkage plan that you have going on as a condition to our PUD extension or if you wanted to do an extension Page 293 June 6-7, 2006 and add these to a PUD amendment, we'd be happy to, you know, address each and one -- each one of these items and add it to our -- our proposed amendment. I don't do this as frequent as Mr. Anderson so I think that covers what I wanted to mention. And I just -- I appeal to you-all to, you know, looking at this from a practical standpoint. And that we purchased the property knowing there was problems. We worked on those problems as quick as we could. And, you know, we -- we felt like we would be able to obtain an extension to the amend -- to the PUD and move forward. And now we own this property and we'd like to move forward. And we are developers. We are not speculators. And we have been in the business for 43 years and plan to continue and plan to be here. Thank you. CHAIRMAN HALAS: Thank you very much. MR. FILIPPELLI: Okay. COMMISSIONER COYLE: I was just going to make an observation. The -- the item before us today has to do with one thing and that's an extension of a PUD that we believe has expired. It -- it's not about modifying the PUD. It's -- it's not about anything else that I'm aware of. It's about extending it. We have rules with respect to the extensions. I am -- I'm -- I'm worried about getting involved in the discussions about PUD amendments because PUD amendments are things that should be publicly discussed and that -- this item isn't -- isn't advertised for that purpose. It doesn't say to make amendments to the PUD. So anybody who might have concerns about what those amendments might be, would have no reason to be here. And -- and I am also concerned with -- with the board and the staff and the petitioner trying to design these PUD changes and updates while we're here at this particular hearing because that isn't the purpose for this particular hearing. Although I agree with -- with a number of the things they want to do, that simply isn't the purpose Page 294 June 6-7, 2006 here for this item. And I think we need to act on the issue of whether the PUD should be extended or not. And then if we decided it should be, the course is clear for the petitioner. If we decide that it should not be, the course is clear for the petitioner. And we can deal with those issues -- that hearings that are properly advertised for their purpose. So that's where I am with thing. CHAIRMAN HALAS: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Commissioner Coyle made a very good point. We haven't advertised the issues. I like where we're going with it, though, as far as the concessions and the phasing in. You couldn't ask for a better setup to be able to hold back on it and the interconnectivity. Although I question the interconnectivity being that it's on Toll Brothers property and the hospital has the right to do it, won't it happen regardless if this PUD goes forward or not? There'd still be a reason to do it because it takes you over there to the extension for Rattlesnake. So I'm not too sure how that weighs into it. I'm sure that if the petitioner has agreed to build it, it's going to happen a lot sooner than sometime in the future. However, with all that said, I -- tell me exactly again, if somebody could. Probably I think our staff, if we refuse this today, where does this set the petitioner as far as -- putting the petitioner as far as coming back to us? Can they still come back for a PUD change? MS. ZONE: Well, in a PUD amendment certainly. They have from today's date they have up to six months to file a PUD amendment and bring it in front of the board for approval. COMMISSIONER COLETTA: And that PUD amendment would -- would have all these particulars listed in it and we'd duly advertise it and be able to get there at that point in time? MS. ZONE: Certainly. And it -- not only could we do that, I mean, we would bring that forward in the PUD amendment open for Page 295 June 6-7, 2006 discussion, review -- and staff would review it for that purpose under that criteria. COMMISSIONER COLETTA: But the petitioner is not starting over from square one. They have already accumulated some work. That work is already underway so that there's not going to be a setback. And the time -- MS. ZONE: Absolutely not. And as I -- we had stated before, staffwill still review the SDP. And the SDP since it was through me and being here today that if they modify from the preap to make some of the additions that were discussed today that will be part of the PUD amendment, it will just make the process smoother for the applicant. COMMISSIONER COLETTA: Based on what you told me and this isn't a put-down of the petitioner. I want to encourage them to go forward with this -- MS. ZONE: Certainly. COMMISSIONER COLETTA: -- as fast as possible, but I'm going to make -- I'm going to make a motion that we follow staff recommendations of denial. MS. ZONE: Thank you. CHAIRMAN HALAS: Okay. I second that. Commissioner Henning. COMMISSIONER HENNING: Call the motion. CHAIRMAN HALAS: We did. Okay. Do you have any questions? (No response.) CHAIRMAN HALAS: Okay. Any other discussion? (No response.) CHAIRMAN HALAS: Call the question. All those in favor for denial signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. Page 296 June 6-7, 2006 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by like sign. (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much gentlemen, ladies. Item #10C A BUDGET AMENDMENT TO RECOGNIZE REVENUE RECEIVED FROM THE JOHN EASTERN INSURANCE COMPANY IN THE AMOUNT OF $4,068.85 DUE TO HURRICANE WILMA CLEAN UP - APPROVED MR. MUDD: Commissioner, that brings us to Item 10-C which used to be 16- B-1. It reads (as read): This is a recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of$4,068.85 due to Hurricane Wilma. And that item was moved at Commissioner Fiala's request. MR. SCOTT: Any questions? COMMISSIONER FIALA: Hold on a sec. Thank you. Hold on just a minute. I'm sorry it's taking me so long to get there. Yeah. I spoke with staff a little bit about this before, but I just wanted to put this on the record. One of the things that we seem to need to improve just a little bit is communication between our operation and the clerk's operation when it comes to insurance money coming in and FEMA money coming in, applications, whenever we apply. I think we probably need to -- and you probably have a plan already because I've spoken to all of you -- we need to send a copy of the applications to the clerk's office so that they know that we've applied for insurance benefits or FEMA benefits or whatever. Then Page 297 June 6-7, 2006 when we get the money in and -- and -- and then we expend it, I think we just need a process whereby we have more of an inclusionary communication. MR. MUDD: Yes, ma'am. One of the -- one of the after direction lessons learned from Hurricane Wilma and -- and the major reconstruction and cleanup that we went through was the fact that we need to tighten up our procedures in purchasing from the clerk's side of the house and our OMB side of the house to make sure that it's a focal point. Mr. Carnell, the Director of Purchasing, Mike Smykowski and one of Crystal's staff persons and Crystal's overseeing that particular element are in -- are in conversations right now to update those procedures and get them squared away so we don't have this problem in the future if we have another major hurricane. COMMISSIONER FIALA: Oh, great. Oh, great. And so -- then I make a motion to approve. CHAIRMAN HALAS: Okay. Do we hear a second? COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. Motion to approve. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none or seeing any -- not seeing any. Call the question. All those in favor signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by like sign. (No response.) CHAIRMAN HALAS: Carries. Page 298 June 6-7, 2006 Item #10D WAIVE FORMAL COMPETITION AND APPROVE PURCHASE OF PANTHER HABITAT UNITS, IN THE AMOUNT OF $276,945, AS MITIGATION FOR ROAD CONSTRUCTION IMPACTS. PROJECT 62081 - APPROVED W/LETTERS TO BE SENT TO LEGISLATIVE REPRESENTATIVES MR. MUDD: Commissioners, that brings us to our next element which -- or our next agenda item which is 10- D and that used to be 16-B-2. That's a recommendation to waive formal competition and approve purchase of panther habitat units in the amount of $276,945 as mitigation for road construction impacts Project 62081. And that item was moved at Commissioner Halas's request. CHAIRMAN HALAS: Yeah. And what my concern is, this is on a roadway that's already presently there, isn't it? MR. DUGAN: Correct. Yeah. For the record, I'm Kevin Dugan. I'm Project Manager with Transportation. CHAIRMAN HALAS: Okay. Is it -- and this road is existing and all we're doing is widening this road; is that correct? MR. DUGAN: That's correct. CHAIRMAN HALAS: Then why do we have to mitigate for panthers for a road that's already there? MR. DUGAN: Good question. To widen that road, we still have to go through permitting procedure. MR. MUDD: Which road? MR. DUGAN: This is Santa Barbara Road from Davis to, I believe, it's up to Pine Ridge. We have to get as part of the ERP permit it's -- the Army Corps permit is involved with that. And because of that being a federal permit, the U.S. Fish and Wildlife Agency steps in as consultation. CHAIRMAN HALAS: So do we have to build a runway also for Page 299 June 6-7, 2006 the panthers in this area? MR. DUGAN: The -- on -- on the visualizer you can see what they call the panther consultation area. Okay. Excuse me. The project limit went to Golden Gate Parkway. But -- however, anything with inside that consultation area is open to review by the U.S. Fish and Wildlife Service. Every project that goes through that, we have to prepare a biological opinion. This is 109 pages of opinion that, like I said, each project I'm sure these, you know, developers here are doing the same thing that fall with inside this -- this area. Now, normally in the last few years when we've been doing the panther mitigation, it's been part of the wetland mitigation. The two banks that we deal with are the wetland mitigation. Their credits are also worth so many panther habitat units. Because this particular road project did not have wetland impacts, we had to find a bank that sold just panther habitat units. CHAIRMAN HALAS: Yeah. But -- did -- when we originally built this road, did we have to pay into this mitigation bank? All we're doing is adding an extra lane on this road, each side; right? MR. DUGAN: Commissioner, I agree. When that road was built, I believe it was just -- it was some sort of wetland mitigation that was done. I don't believe there was any wildlife issues there at the time. CHAIRMAN HALAS: Okay. I guess what I'm trying to go at here is, I don't understand. Has there been sightings of panthers on this road? Are we going to have to put up signs that says there's a possible panther crossing? MR. DUGAN: I don't believe telemetry shows panthers in -- in this particular area. CHAIRMAN HALAS: Okay. Do we have to build runways for panthers in this? MR. DUGAN: No. In the crossways or the crossways or the animal things that are built, generally in rural areas we don't want to Page 300 June 6-7, 2006 be sending panthers from one residential area to another residential area. CHAIRMAN HALAS: This is all residential. I guess that's the point I'm getting at. This is a -- this is an urban area. And I don't understand how -- how the federal government is getting us involved in panther mitigation for a road that already exists. And all we're going to do is just add lanes to it and it's in an urban area. MR. AHMAD: Commissioner, for the record, Jay Ahmad. I'm the director of transportation. You hit on some of the issues that we face in getting our projects approved. And we're going through the permits process and this is a permit through the U.S. Army Corps of Engineers. They refer that condition, the panthers or fish and wildlife or anything to do with habitats to U.S. Fish and Wildlife. And through that process, although they're working with us recently at -- very well, we go through these issues. And -- and through the permit process, they require us to go through and obtain panther mitigation credit because it is on the consultation map. We've been talking to them to move that consultation -- CHAIRMAN HALAS: Yeah. MR. AHMAD: -- line. We've had meetings with them. And Paul Sousa, who's their Director, is receptive to the idea, but they haven't done it. And we face whether we move forward with the project and obtain this and get our project built or get bogged down with this issue for possibly months or years. CHAIRMAN HALAS: I would think with the amount of Corps people that we have hired here in the county that they would be able to help us out on this thing. MR. MUDD: No, sir. The Corps of Engineers defers to the Fish and Wildlife Service on every one of those calls. And if -- if anyone of those federal agencies basically put up a red flag, the Corps does not issue that permit. And that's basically the rules that they go by. The Corps permitting authority has been delegated by the Page 301 June 6-7, 2006 Environmental Protection Agency to them. And those are the stipulations that they must adhere to. MR. AHMAD: If you recall, Commissioner, we spent 18 months on Rattlesnake Hammock Road to get it built and fighting them too. And what we ended up with is exactly what you mentioned earlier, three signs that says panther crossings. CHAIRMAN HALAS: So we've got to do that on Santa Barbara? MR. AHMAD: That's not the condition of Santa Barbara, but it's a condition to buy mitigation credit through the mitigation banks that's available. CHAIRMAN HALAS: Unbelievable. Commissioner Coyle. COMMISSIONER COYLE: You've hit upon a really good point, Commissioner Halas. And I don't think we -- we should stop here. Did we pay any panther mitigation credits for -- or mitigation for -- CHAIRMAN HALAS: Rattlesnake. COMMISSIONER COYLE: No. For Collier Boulevard? MR. DUGAN: The different --like, 951 North there were wetland issues there. COMMISSIONER COYLE: Just -- just panther mitigation. That's all I want to know. Did we-- MR. DUGAN: Panther mitigation was included with the wetland mitigation credits. COMMISSIONER COYLE: For 951 ? MR. DUGAN: For 951. COMMISSIONER FIALA: And Rattlesnake wasn't? MR. DUGAN: Rattlesnake Hammock as well. County Barn. COMMISSIONER COYLE: You know, we need to put a stop to this. You know, this is $275,000 of taxpayer money that's just being flushed down the drain by some bureaucrat who doesn't even know where Santa Barbara road is. And -- and for us just to accept that Page 302 June 6-7, 2006 recommendation -- and I understand it's -- you're interested in getting the project going. It's not your fault. Okay. But we don't have to accept that. And if it means we should go to our congressional legislation and have them talk with the Fish and Wildlife people to try to get their heads screwed on properly, I think we ought to do that. Because it's worth a little expenditure of our time and a congressman's time to save the taxpayers of Collier County hundreds of thousands of dollars and perhaps millions of dollars considering all of the projects we've got going here. There's no excuse for this. I -- I would like to see their telemetry data on -- on panther habitats to see the last time they've ever had a panther tracked west of 951. I -- I just can't believe that -- that that data exists, quite frankly. But, nevertheless, Mr. Chair, I would make a recommendation that we write Congressman Mario Diaz Val art and -- and any of the other and Connie Mac and ask for their immediate assistance because CHAIRMAN HALAS: Martinez. COMMISSIONER COYLE: -- yeah -- and Senator Martinez, too, to ask for their assistance in getting the Fish and Wildlife Service to make an appropriate review of this area and stop charging the people of Collier County hundreds of thousands of dollars. And, of course, we don't want to delay the projects. So -- so it's sort of urgent. And I'd like to get -- I'd like recommend that we do that. CHAIRMAN HALAS: We can do that. COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: Okay. I got direction from the Board of County Commissioners. COMMISSIONER COYLE: You got one nod here. COMMISSIONER COLETTA: Yeah. You got a nod big time. COMMISSIONER FIALA: Does that mean we don't pay them anything? CHAIRMAN HALAS: No. No. Page 303 June 6-7, 2006 COMMISSIONER COLETTA: No. No. CHAIRMAN HALAS: What we're going to do is try to solve the problem. We're going to work through this process, but we're going to COMMISSIONER FIALA: Okay. CHAIRMAN HALAS: -- on future projects hopefully we can get this taken care of so that we don't get held up at the -- COMMISSIONER COYLE: Yeah. I'll tell you the way -- way we should approach that so that we don't slow down the project, we go ahead and do what we've got -- what they told us we have to do, but then ask for credits on any future items for those that are determined that were paid unnecessarily. And -- and that's what we should get our congressman to lobby for. CHAIRMAN HALAS: I really think we need to have staff involved in this to show that the area of concern is in an urban area and not a rural area. Because I think the buildout here, I mean, it's amazing. I could see it 20 years ago, but today because of the fact that the boundaries have moved and they're moving more to the east. MR. AHMAD: You're absolutely correct, Commissioner, and we had -- as I mentioned we had Paul Sousa in our offices here and we explained to them exactly what you're talking about and the issues that you just mentioned. And he's receptive to moving that line east of 951, the lines as shown. To move those areas of consultation from the urban area essentially to where really the habitat lives. And, to date, obviously, we haven't seen it. And I'm sure he's going through a process to accomplish that. CHAIRMAN HALAS: Well, maybe if we send some letters to our elected officials, maybe it will kind of jack things up a little bit. MR. AHMAD: Absolutely. I appreciate that. CHAIRMAN HALAS: Okay. MR. MUDD: Commissioner, I'd add one more thing to basically asking the congressmen for an appropriate review. Ask for credits on Page 304 June 6-7, 2006 further proj ects because of the payment. But also send a letter as we purchase these units, panther mitigation units, to send a letter to Fish and Wildlife and say we are acquiring the units under protest. CHAIRMAN HALAS: That's-- COMMISSIONER COLETTA: There you go. MR. MUDD: And then if you do all those and connect all those dots, I think -- I think you'll get the point across so then they could basically get credit for the proj ect. But if you just pay them and buy them and don't tell the Fish and Wildlife Service that you're doing it under protest, then I don't think you'll get credit for that. COMMISSIONER COYLE: Good point. CHAIRMAN HALAS: Very good. Okay. Yeah, Commissioner Henning. COMMISSIONER HENNING: This is in a secondary panther zone. Any -- anything east or west of 951 is considered secondary habitat, you know, and I'm sure our -- our environmental community had -- had something to assist with this. And the residents in Collier County get to share in those same things. I mean, you live east -- west of 951, Golden Gate Estates and you want to impact wetlands, you have to do the same thing. You have to go to the Fish and Wildlife. CHAIRMAN HALAS: I can see wetlands, but I can't see panther mitigation, Commissioner, in regards to in an urban-- COMMISSIONER HENNING: It still has to go to -- the Corps sends it over to Fish and Wildlife for their review just because you submitted an application. So if we're going to do it for ourselves, we should do it for our residents. And that's the -- you know, the bigger picture type thing. MR. DUGAN: Just to clarify. The graphic that we put up there, that's the primary and secondary habitat within the county. The gold color is the primary habitat and the brown color is secondary. COMMISSIONER COYLE: So it doesn't come anywhere near Santa Barbara? Page 305 June 6-7, 2006 MR. DUGAN: Well, that's correct. But, see, it's still within the consultation area. Now, if we were building in primary and secondary habitat, the amount of habitat units we would need is a lot more than what it is in just the consultation area. CHAIRMAN HALAS: The white's the consultation area? MR. DUGAN: Pretty much all-- just about all of the county. 41 is approximately the limit of the consultation area. CHAIRMAN HALAS: Can I ask this question: Is the mitigation the same pricewise if we're into a primary area versus a consultation area? MR. DUGAN: No. The number of units -- the formula that they use if you were in the primary or the secondary would be far higher than what it is in just the consultation zone. There's a multiplier that they use. CHAIRMAN HALAS: Okay. MR. DUGAN: It's like, you know, condition of wetlands. CHAIRMAN HALAS: Okay. Commissioner Coletta. COMMISSIONER COLETTA: I'm so glad that you brought this up. You -- you -- this has been the most miserable experience of my life when it comes to dealing with government. Believe me, I met with Mario many times on this very issue. It doesn't seem like it's going anywhere. It's like an agency above everything. This is the very reason why Alabama, Georgia, Arkansas refuse to accept any of the surplus panthers. Because it's not the panther that's the problem. It's the people that are regulating it. What they do to stop the process. This is the reason why we lost our -- all the efforts we put into bringing the Polish companies here. Broke the ground. Had the investors and everything. Everything got held up because of a panther study that was required for the airport and Immokalee surrounded by fence because a panther can jump a fence and get inside the airport. It's unbelievable. Everything that we're trying to do there's going to be a mitigation of a million-some dollars or more for a Habitat for Page 306 June 6-7, 2006 Humanity project going in to the other side of Farm Workers Village all because of the panther. You're going to run into major obstacles when you get ready to do the Everglades Boulevard. Our local environmental groups are all coming aboard. And they're pretty understanding what it is. We've met with everyone. The only one that's going to give you a hard time is going to be Fish and Wildlife. May I make a suggestion that we might want to consider this for an agenda item sometime in September where we can invite the people from Fish and Wildlife here to explain exactly where they are and maybe the representative of our congressman can also be here in the audience and we can approach this in a more logical matter . Your letters are going to be not ignored, but nothing's going to happen with them. CHAIRMAN HALAS: Well, we'll use the letters as a way of opening the door and then we'll letter -- later on send letters and ask them to join us in our -- in our open discussion here. COMMISSIONER COLETTA: I love it. CHAIRMAN HALAS: Okay? COMMISSIONER COLETTA: Okay. CHAIRMAN HALAS: So that'll be -- let's have two sets of letters. COMMISSIONER COLETTA: Yeah. But let's keep our options open for that for a meeting agenda item or a workshop in September/October because this is crippling us. And it's starting to make people look at this area in a different light. I mean, they're even requiring us to put up signs on Rattlesnake Hammock panther habitat. The only way they'd sign off on the permit. I mean, tell me if this isn't ridiculous. People driving down Rattlesnake Hammock are going to see these signs, panther habitat, to be able to satisfy some bureaucracy in Washington, D.C., that seems to have the final call on anything that's going to happen down here. Page 307 ....,._--~._~-~..~~ .,............, ...., ...-, June 6-7, 2006 MR. AHMAD: The signs, Commissioner, actually they require them on Collier Boulevard for Rattlesnake as part of the permit. And Collier Boulevard, they state that there were a couple kills, panther kills on that road just -- COMMISSIONER COLETTA: I don't know what language they're putting them in, but I'll tell you right now the panthers can't read them. CHAIRMAN HALAS: I make -- okay. I'll make a motion for approval of this and with the stipulation that we're going to send letters to Washington. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: And also plan a workshop for the fall. CHAIRMAN HALAS: Yeah. We'll get something in the fall. We'll have to find out what the schedule is because, obviously, all the elected officials will be going back to Washington to work on the budget, finishing up on that. So we'll have to figure out the time line. It may end up to be after they approve the budget in Washington; right? MR. MUDD: Sir, they're going to be -- they'll go back in September, latter part of August. But you can still get their representatives here from their local offices so they can hear the particular process. CHAIRMAN HALAS: Okay. It'd be nice if we could get a couple of those here. So maybe if we could -- we'll -- we'll figure out the time line. If we have a better chance of getting the elected officials here in November after every -- all the hustle and bustle in Washington, we'll see. Okay? Okay. We have a motion on the floor and we have a second. All those in favor signify by saying aye. COMMISSIONER COYLE: Aye. Page 308 June 6-7, 2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by like sign. (No response.) CHAIRMAN HALAS: Passes unanimously. Let's take a ten-minute break -- ten-minute break. COMMISSIONER FIALA: What happened to 12? CHAIRMAN HALAS: Well, we can have a 12-minute break. COMMISSIONER COLETTA: Thank you. CHAIRMAN HALAS: We'll be back at 10:47. (Short recess was taken.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mic. CHAIRMAN HALAS: Thank you very much, County Manager. We're back in session. And I believe we're on - Item #10E THE PURCHASE OF 2.674 ACRES OF IMPROVED PROPERTY OF WHICH 0.372 ACRES ARE REQUIRED FOR ROAD RIGHT OF WAY FOR THE SANTA BARBARA BOULEVARD EXPANSION PROJECT. PROJECT NO. 62081 - APPROVED MR. MUDD: 10-E, sir. CHAIRMAN HALAS: 10-E. Okay. MR. MUDD: Okay. It used to be 16-B-3. CHAIRMAN HALAS: Okay. MR. MUDD: And this is a recommendation to approve the purchase of2.674 acres of improved property of which 0.372 acres are required for road right-of-way for the Santa Barbara Boulevard Page 309 June 6-7, 2006 Expansion Project, Project No. 62081. The estimated fiscal impact is $621,925. The item was moved at Commissioner Fiala and Commissioner Coletta's request. And Mr. Kevin Hendricks, your Real Estate Manager in Transportation, whatever your title is, will present. That's what you do. MR. HENDRICKS: Okay. Commissioners, do you have questions? COMMISSIONER FIALA: I do. COMMISSIONER COLETTA: Go ahead. You first. COMMISSIONER FIALA: I have a couple of them and that is-- I need my glasses first. CHAIRMAN HALAS: Underneath? COMMISSIONER FIALA: No. Here they are in my pocket. Excuse me. Jim, go. I mean, Commissioner Coletta, go ahead first until I find my glasses. COMMISSIONER COLETTA: Okay. Well-- and start off by saying I'm sorry I caused some of my fellow commissioners some distress last night at the end of the meeting. That wasn't the intent. If it was, I would have done a much better job of causing it. CHAIRMAN HALAS: You did a real good job. COMMISSIONER COLETTA: Thank you. I love you guys. But what -- what I wanted to do, I was kind of hoping that this was going to hit before the Vanderbilt one. You know, we have to be cognizant of two things. One, the people that are out there that were displaced and, two, the taxpayer. And Commissioner Coyle was right. You know, we can't give the county store away. We have a responsibility to the taxpayers. However, we sit up here as commissioners to sit in judgment of everything that comes before us. And I'm sure that this is probably about the first one we're ever going to see where we're going to have them coming up. Now, am I really interested in hearing every Tom, Dick and Harry out there that got a piece of property with no house on it coming Page 310 June 6-7, 2006 before us and arguing his case? No. I think the compensation is more than adequate that's out there. And in most cases, you know, I -- I don't think that anybody can fault the system. It's -- it's definitely been very, very generous to the people that own the land. The process works well, for the most part. My daughter had her home taken on about three, four years ago in Bonita for the extension of the Three Oaks Parkway. And I went through the whole process with her from the anger to the resentment to the acceptance of the negotiation. And she ended up doing very well. However, you know, I -- I just -- I try to find my own comfort level because this is something that I had to wrestle with when I first became a commissioner. How do I deal with this taking of a person's home? Never been done, but I knew it was going to happen some day. And I seek counsel on it early on. So when the day did come, I could start to work with the process. And how you work with the process is you work with the individuals and you listen to what they have to say. And you -- you weigh all the facts, all the circumstances to make sure that the settlements are just, the taking of homes. And -- and that's why -- that's one of the reasons why I pulled it. But in all honesty, I think that if you'll check my record, any time I've had a request from anyone regarding an agenda item, I've always asked for it to be pulled just to be able to give that person a chance to speak. And I do thank you for the time. And, once again, I'm sorry about last night for the distress I caused you. CHAIRMAN HALAS: Well, I think some of the problem is that each of us commissioners we can't go out on our own without some direction from the board, general consensus. And I think that's -- sometimes we overstep our bounds, okay, of what we can really do without, first of all, coming to the board and getting direction to see if that's possible. Okay. So as an individual commissioner, we have to be careful that we Page 311 June 6-7, 2006 don't go down the slippery slope in regards to what we're going to promise or promises or things of this nature. And I'm very concerned about that as a commissioner that we make sure that we are unified and we know exactly what is going to transpire and that we get the guidance not only from the county attorney and the county manager and also from the other staff before we even get involved in any type of negotiations. COMMISSIONER COLETTA: Well, and I -- and I haven't done that. CHAIRMAN HALAS: I understand. COMMISSIONER COLETTA: Everything I'd ever do would be right here at the dais with my fellow commissioners. CHAIRMAN HALAS: Well, the only thing was I think there was a -- it led to some suspicion with the letter that you gave us yesterday. COMMISSIONER COLETTA: That was an Aim's (sic) issue. It was the result of an Aim's issue which is totally within the confines of what we're allowed to do. I do know I asked staff for -- I gave them no directions. That was sent on an inquiry from a person about Vanderbilt. What's next? What's happening? That was sent on verbatim the way it was through the Aim's issue. That was the reply that came back. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: But nothing was generated by me to bring that reply the way it was. CHAIRMAN HALAS: Okay. That's what I -- COMMISSIONER COLETTA: Yeah. CHAIRMAN HALAS: -- the way I read the reply was that I felt that there was some undue pressure put onto someone. And that's why the letter came back as it did. COMMISSIONER COLETTA: Sure. CHAIRMAN HALAS: And I was concerned about that. Page 312 June 6-7, 2006 COMMISSIONER COLETTA: Let me get you the full Aim's issue so you can follow it. I should have done that the first time, but I didn't want to burden you with all the preambles of Aim's issues and everything that goes below it. I just gave you the meat of it which was the reply back. (Multiple voices.) CHAIRMAN HALAS: The meat of it, that's what caused the problem. Okay? COMMISSIONER COLETTA: Yeah. But I -- I try to work within the confines. And I realize that my power as a commissioner is only limited to what happens up here on the dais. CHAIRMAN HALAS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. Okay. So when we buy this property -- back to this issue. When we buy this property and we have a house on it; right? MR. HENDRICKS: Right. COMMISSIONER FIALA: Are we -- are we thinking of keeping it and, if so, will we be leasing it out at fair market value? MR. HENDRICKS: No. I planned on putting it on the market and selling it. COMMISSIONER FIALA: Selling it? MR. HENDRICKS: We don't have property management staff here, you know -- you know, in Collier County to manage properties so -- but I was going to sell it. COMMISSIONER FIALA: Okay. So we're not going to rent it out, lease it out at all? MR. HENDRICKS: No, ma'am. COMMISSIONER FIALA: And so you're going to resell it. I think that's the -- that's the big thing. You've pretty well explained what you wanted to resell it for and to actually you would -- we would do okay on that. So that was my question. I -- I didn't know if we were going to keep it in our inventory for a while. Page 313 June 6-7, 2006 MR. HENDRICKS: I had not intended to. COMMISSIONER FIALA: Okay. Question's answered. CHAIRMAN HALAS: All right. Commissioner Henning. COMMISSIONER HENNING: I was -- I was just trying to keep us on task to the item on the agenda. That's all. CHAIRMAN HALAS: Oh. Commissioner Coyle. COMMISSIONER COYLE: Yeah. I -- I agree. I think we're on -- on track here now. And I -- just one comment. I think we ought to take note that it is true that Commissioner Coletta can cause more consternation by accident than on purpose. And -- and I think maybe the next time what we need to do is impeach him if -- if he -- if he does this. And-- COMMISSIONER FIALA: So I make the motion to approve. COMMISSIONER COLETTA: To impeach. COMMISSIONER COYLE: To impeach. COMMISSIONER FIALA: No. No. No. COMMISSIONER COLETTA: It was to impeach. COMMISSIONER FIALA: Sorry. No. On 16-B-3 make a motion. MS. FILSON: And Mr. -- Mr. Chairman, I do have a speaker. CHAIRMAN HALAS: Oh, okay. MS. FILSON: Are you ready for the speaker? CHAIRMAN HALAS: Yes, please bring the-- MS. FILSON: Bonnie Roth. MS. ROTH: I am Bonnie Roth. I am the property owner of the property in question. And several of you know me. One has known me for a long time. My concern and which I --I'm sorry I generated the hullabaloo because I wrote an e-mail to every one of you commissioners asking you for some consideration. We do have an agreement that we have signed. But we have asked for some consideration on what it's going to cost us taxwise. Page 314 June 6-7, 2006 As you-all know property values have grown tremendous. We have lived in Collier County for 25 years. This house we've lived in for over 12 years. We've been benefiting from Save Our Homes. But for us to move to a smaller home that we don't have to take care of the yard because my husband's disabled. I'm partially disabled. It's going to cost us at least three times as much in property taxes. And that's what I had asked because I'm told by everyone as we've gone through the process, originally it was said that we could maybe -- that they would buy it and we could lease it for so many months. County attorney says, no, we cannot do that because of the liability. So now this has been going on -- we have been talking about this since November. We've gone through -- I don't know how many revisions that they did on the agreement. I've seen two or three because I did have an attorney review it so that I was not going into something that we didn't -- that we weren't being protected by. But that's the only process I had the attorney do was to review things. So my husband and I have been dealing with this. And now we're at the point where we need to know what money we're going to have to work with to buy another house. Because per the agreement, we need to be out of our house by September 1 st. And without monies and knowing what I'm going to have to work with, I can't buy something else. So I'm asking for some consideration on taxes. CHAIRMAN HALAS: Okay. Commissioner Coyle. COMMISSIONER COYLE: I wish we had -- we had had this discussion before the agreement was -- was written. You know, the problem that we have now, you know, we have -- we have the obligation not only to treat you fairly, but also the taxpayers who are helping buy your property fairly. And -- and if we -- in my opinion, if -- if we have an agreement on the purchase and it's been properly reviewed by you and your lawyer, and then we arbitrarily decide we're going to give you some more money on top of that, I think we're violating our fiduciary duty to the taxpayers whose funds we are Page 315 June 6-7, 2006 responsible for -- for managing. So I had -- had I been involved or had I been asked an opinion about the question of taxes before the agreement were written, I would have been -- been in favor of it. I -- I think we should do whatever we can to help minimize the impacts. But -- but I presume that our people have followed the law. We have a very well defined legal process to protect everybody's rights. And I presume that the law has been followed and we have a legal agreement. MR. HENDRICKS: Yes. That's correct. And something I should point out and I think you -- you touched on there is that, you know, the agreement was reached. There were two appraisals done as the executive summary says. Each appraisal was prepared and developed based upon an analysis of the sale prices that sellers were willing to accept for their homes right here in Collier County, you know, in the surrounding neighborhood. And those sale prices or the price that the seller agreed to take was probably reflective of the fact that they were going to lose their -- their home's exemption on that property that they were parting with. And so, you know, we must assume that the buyers and sellers or at least the sellers had to take that into account and let their property go. COMMISSIONER COLETTA: Okay. MR. HENDRICKS: A couple other things too I was asked to point out. This is -- of course, this is a willing sale. You know, we're not condemning this purchase -- this whole property isn't being purchased under the threat of condemnation. But the property will be very close to the expanded Santa Barbara Boulevard after we acquire the right-of-way and build the road. And the other thing is that this is -- we're -- we're buying this under the assumption that it's a public purpose and that the public has benefited because we think this is a good agreement that the county actually will save money on by not paying severance damages and by moving the property after we purchase it and flipping the remainder. And I would remind the board Page 316 June 6-7, 2006 that this purchase price exceeds the average of the two appraisals and is in excess of $500,000. And so it's going to require a super majority vote of this board to approve. COMMISSIONER COLETTA: One more time. MR. HENDRICKS: Huh? COMMISSIONER COLETTA: One more time, sir. MR. HENDRICKS: All of that? No. This will require a super majority vote of the board because the purchase exceeds $500,000. And the purchase is in excess of the average of the two appraisals that were obtained for the property per statute. CHAIRMAN HALAS: So what was the -- what was -- what -- what did the appraisal of the home come out as? MR. HENDRICKS: We had one appraisal at -- one appraisal was done back in September of 2005 at $570,000. CHAIRMAN HALAS: Okay. MR. HENDRICKS: Another appraisal was prepared in December of2005 for-- COMMISSIONER FIALA: Six twenty-two. MR. HENDRICKS: Six hundred and three thousand dollars. Now, if we took the -- no. I'm sorry. The second appraisal was prepared in February of 2006. But if we go back and take the oldest appraisal of September 2005 and we were to increase it, the rate the appraiser said properties were appreciating at that point in time and we inflate that property to December of 2005, that appraisal which was $570,000 would have been 622,000, almost 623,000 as of December of 2005. Still the average of the -- the appraisals that were brought forward, the purchase price still exceeds the average of those two appraisals. CHAIRMAN HALAS: Okay. MR. HENDRICKS: The board is required by statute to approve that purchase if you so choose by a super majority vote. CHAIRMAN HALAS: Super majority. Page 31 7 June 6-7, 2006 MR. HENDRICKS: Uh-huh. MS. ROTH: If I may, we -- I did discuss with Debbie Armstrong on staff about the tax situation. And she said at that time there was nothing that she could do, but it was said to me that the county commission had the final decision which is why I'm here. CHAIRMAN HALAS: The concern that we have here is we-- we can't set a precedence, ma'am. The problem is is that -- not a problem. We're hoping that the legislative up in -- the legislative body up in Tallahassee, our local officials, this would be a good thing for you to get ahold of Mike Davis and also Representative Dudley Goodlette in regards to what this is. The -- how this is being -- coming about in regards to someone taking your road, taking the property for a road. And I know that's one of the things that the legislative body in Tallahassee is going to probably address or try to address this year in regards to making sure that if something like this does occur where the property has been taken by eminent domain, so that you as a citizen when you move within the county that you can take your homestead with you. And this is where we need to work with you and the elected officials here to impress upon them the importance of trying to get this legislation through. Not only just for you, but we have other people in Collier County that needed to address this and actually throughout the whole state of Florida. Because we're going to have an increase of double our population what we have in Florida today. So there's going to be many, many people that are going to be -- that this is going to hit upon because as we expand roads or transportation networks here in the state of Florida, this is going to be a big factor. MS. ROTH: Thank you. I know that I am the guinea pig, so to speak, for Collier County. And this is the first house I'm being told that they plan to resell. But this is going to put that road within 20 feet of my bedroom. And if you know what the sounds are on Santa Barbara with boom boxes and trucks, it wakes me up every morning Page 318 June 6-7, 2006 now at 5:30 in the morning. CHAIRMAN HALAS: I've got a --I've got a question I'd like to ask the county attorney. And that is, let's say this -- this lady here, she sells her property to the county. Okay. Let's say the next legislative session in Tallahassee that they pass this -- COMMISSIONER COLETTA: Reportability. CHAIRMAN HALAS: -- reportability of the homeowner -- the exemption act. Can we -- there's a possibility -- if that does take place, is there a possibility that we can include this -- this lady here in regards to her home? MR. PETTIT: Well, Commissioner, if I understand your question, you're asking can -- can the Board of County Commissioners include it, would it be state legislation? CHAIRMAN HALAS: Well, what I'm asking is if it is passed by the state legislation, can we go back and include her in as a retro? MR. PETTIT: I'm not sure that the county could under those circumstances. It would depend on how the legislation was passed. Whether it was intent -- whether the legislature expressly set a time period backwards when the legislation would apply. In some instances, although it's been a while since I've researched this issue, certain kinds of remedial legislation can have a retroactive effect. So to some degree it would be contingent on how -- on the bill that the legislature actually adopted. I don't think that the county would have a power independent to confer that benefit unless there was something in the legislation allowed that. CHAIRMAN HALAS: That's the question I have. Thank you. COMMISSIONER COLETTA: Well, you did. You turned it off. Thank you. This has been a very, very healthy discussion. I really appreciate it. This is the reason why it's in front of us. The negotiations took place with staff and the owner of the property. Those were all contingent upon approval of the Collier County Commission. That's why we're here today. And I know that there's Page 319 June 6-7, 2006 probably not a lot of excitement to support this. And I agree that the easiest way that we could ever deal with this is have them handle it on the state level or specifically to the county. However, it did pass this year. There's no guarantee it's going to pass next year. Now, here's some thoughts that I wanted everybody to weigh in. I don't -- and I'm -- I'm very leery about not approving this for the simple reason that if it doesn't receive at least four votes, then this whole thing is dead in the water and you don't get to sell your home and move on as you'd like to. So there's not going to be an advantage in this case to say no. But the thing is is that by willfully coming forward and selling the home now rather than waiting for that time where we have to go through the foreclosure and the eminent domain process and pay everybody up front, there's quite a cost that's incurred with that. Can you give me some idea from this day to the day of foreclosure what that cost would be to the county and difference in price? I mean, just round numbers. I have no idea. Would it be 10 percent more? 5 percent more. MR. HENDRICKS: The county's cost for the partial taking ofa property just required 54 feet of right-of-way required to widen Santa Barbara Boulevard would be as much as as $277,000 including fees and costs and damages. COMMISSIONER COLETTA: Well, that -- that wasn't the question, sir. MR. HENDRICKS: I'm sorry. What was the question? COMMISSIONER COLETTA: The question would be is the settlement that we're making now based upon everything that's done in the Florida statutes which basically is a fair settlement, you know, in all intents and purposes, you know. And under some cases it might not be if the person is being actually forced out. And if they went to eminent domain, where we are now going to eminent domain, if this petitioner had the opportunity to stick by and follow the thing to the Page 320 June 6-7, 2006 end of the course, another year or two years from now, whenever it would be -- MR. HENDRICKS: Right. COMMISSIONER COLETTA: -- what kind of costs would there be for the county over and above what we're selling now? MR. HENDRICKS: I think an additional fifteen to twenty thousand dollars in fees and costs above the land improvements and severance damages which would be all that we could condemn. You know, if you're asking what our costs would be if we're in a condemnation posture, we could only condemn that which is expressly needed for the road. COMMISSIONER COLETTA: And I understand. I understand. Forgive me. MR. HENDRICKS: That's fine. COMMISSIONER COLETTA: I'm going --I'm going a step beyond here today. And I know somebody's going to say this doesn't have to deal with the issue that's in front of us. And they're absolutely correct. But I'm still going to ask the question. If this was a taking of the property, forget the fact you're just taking the front part there. We did give you direction that if it impacted the property sufficiently that we would entertain coming before the commission to purchase the whole thing. Forget that. We're taking the whole thing. If we were, the difference in cost for the taking of the whole property the way we are now by settling it through this process or going to eminent domain, how much more cost would the county incur. MR. HENDRICKS: It's my estimate that you'd probably be spending at least another $50,000. COMMISSIONER COLETTA: And at least another $50,000. And there's a possibility that the person may get even more than that? No. And I just want to leave these thoughts. CHAIRMAN HALAS: It's the lawyers that get this. Page 321 June 6-7, 2006 COMMISSIONER COLETTA: Exactly. That's the point. That if something could be agreed on that would be a settlement, in other words, if we -- and I don't know. You have to tell me. The county attorney has to jump in on this. Please. Listen to me. Hear me out. And at the end you can throw a cup at me or whatever. COMMISSIONER HENNING: That's word shopping. COMMISSIONER COLETTA: Can we have the ability from the commission to judge these things on a case-by-case basis? In other words, if somebody comes forward and they want to make a settlement before going to eminent domain, could we give that person X number of dollars more for whatever reason and then if they went to eminent domain, the person that's going to eminent domain can't come back and say, well, you settled for so-and-so for this amount, we want at least that amount plus our eminent domain money? MR. PETTIT: Okay. Commissioner, I'm going to let --let Ms. Chadwell jump in, but I'm going to try to answer the -- at least the first question. I think you -- this board has the power to settle disputes for a valid public purpose, period. COMMISSIONER COLETTA: Right. MR. PETTIT: Whether it's eminent domain or some other kind of dispute. So my -- the answer to your first question is yes. You're going to have to repeat the second question. The second question was beyond -- COMMISSIONER COLETTA: In other words, eminent domain. If someone here is coming to -- has got an eminent domain case against us and it's going through the court system, can they stand by and say, okay, the early settlement that they had with these people here, they picked up an extra $10,000 or $12,000 to settle, we want that plus. Can they -- can they hold that against us? MR. PETTIT: That has two -- that has two ramifications and I'll let -- I'll let Ellen talk to both, but I believe that if, generally speaking, settlements are not admissible in evidence in a court proceeding. Page 322 June 6-7, 2006 There are, obviously, like there is in everything in law exceptions to that. So my initial answer would be arguably they couldn't use it against us in a court proceeding. Could they then use it in their own settlement discussions with our attorneys? COMMISSIONER COYLE: With discussions, yes. MS. STUDENT-STIRLING: Certainly. COMMISSIONER COLETTA: Okay. Then now -- now I-- now, this is exactly what I'm getting at. So the thing is that if we can settle with individuals before eminent domain, we're better off financially as far as the taxpayers are concerned? MS. CHADWELL: Yes. COMMISSIONER COLETTA: Okay. Thank you so much. CHAIRMAN HALAS: Okay. We have a motion on the floor. Did we have a second on that? MS. FILSON: No. COMMISSIONER COYLE: Was it a motion for approval? CHAIRMAN HALAS: Yeah. COMMISSIONER COYLE: Okay. I'll second it. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Fiala and a second by Commissioner Coyle. Ifno further discussion, I'll call the question. All those in favor signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed by like sign. (No response.) CHAIRMAN HALAS: Motion carries. COMMISSIONER COYLE: Now, when is she going to get her money? Page 323 June 6-7, 2006 COMMISSIONER COLETTA: Yeah. MS. ROTH: Closing. COMMISSIONER COYLE: When is that? COMMISSIONER HENNING: Next item. Call the motion. MS. ROTH: They're telling me not till August. CHAIRMAN HALAS: Okay. Item #10F APPROVAL OF EXPENDITURE OF $25,000 TO REPAIR A FAILING CULVERT LOCATED UNDER 10TH STREET SE OVER THE C-l CANAL (PROJECT NO. 51022). - APPROVED MR. MUDD: Commissioner, the next item is 10-F and it used to be 16-B-4. And it reads -- it's a -- it's a recommendation to approve the expenditure of $25,000 to repair a failing culvert located under Tenth Street Southeast under the C-1 Canal, Project No. 51022. And Mr. Gene Calvert, your Director of Stormwater, will present. COMMISSIONER FIALA: What's this number again? I'm so sorry . MR. MUDD: This is 16-B -- excuse me. 16-B-4. It -- it was Item 10- F. And the -- and the item was asked to be brought forward by Commissioner Coletta. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor for approval and a second. All those in favor. COMMISSIONER COYLE: There's no discussion. COMMISSIONER COLETTA: Just a question. Just a question. CHAIRMAN HALAS: Is this going to be a filibuster? COMMISSIONER COLETTA: Well, if a filibuster lasts a minute and a half, yes. Do school buses use this crossing? Page 324 June 6-7, 2006 MR. CALVERT: For the record, Gene Calvert, Stormwater Management Department. No. The school buses do not use this crossing. It is a private crossing at this time. School buses actually pick up property up the street on Tenth -- on Tenth Street Southeast. COMMISSIONER COLETTA: Call the question. CHAIRMAN HALAS: Okay. All those in favor signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by like sign. (No response.) CHAIRMAN HALAS: Okay. MR. CALVERT: Thank you. Item #10G WAIVE THE FORMAL COMPETITIVE BID PROCESS AND AUTHORIZE PURCHASE OF OUTDOOR POOL DECK FURNITURE FROM CONTRACT FURNISHINGS INTERNATIONAL, INC. IN THE AMOUNT OF $85,616- APPROVED MR. MUDD: Commissioner, that brings us to our next item which is No. 10-G which used to be 16-D-2. And it was asked to come forward by Commissioner Henning. And I'll read it. It is a recommendation to waive the formal competitive bid process and authorize purchase of outdoor pool deck furniture from Contracting Furnishings -- Furnishings International, Inc., in the amount of Page 325 June 6-7, 2006 $85,616. COMMISSIONER COLETTA: Motion to approve. MR. MUDD: Mr. Barry Williams, your director of parks and rec, will present. CHAIRMAN HALAS: Okay. Commissioner. COMMISSIONER HENNING: Yeah. I just want to know if this is a new park that nobody knew or is this the same old park that's been going on since 1999? MR. WILLIAMS: Yes, sir, it is. COMMISSIONER HENNING: Okay. MR. WILLIAMS: It is. And an explanation is -- is in order. We had felt that the furnishings with our contractor included the pool furniture. And when we were going through our due diligence of making the furniture selection in the last few months, we determined that that wasn't the case. Our intent was for this pool furniture to be delivered just in time. We didn't want to order it, store it, incur costs with that. So as we were moving forward with purchasing the pool furniture, we realized that it wasn't part of our existing agreement. So we needed to go through the process of a competitive bid. Unfortunately, what we found with that process and the time that it takes to go through the competitive bid process that we had run out of time. So our staff had done a very good job of doing an analysis of the best quality, best price furniture. We had gone through with the understanding that we would be purchasing it through our contractor. But when we found that out, we had -- we had good prices. We had good quality. But we didn't have enough time to go through the competitive bid process. COMMISSIONER HENNING: Okay. And just that explanation of, you know, we made a mistake. We thought it was included. If it was in the executive summary, I probably would accept it. And if we could just have a little bit more clarification it would help. And I want to welcome you as the new addition as the parks and recs director. I . Page 326 June 6-7, 2006 have a lot of confidence in you to bring some great things to parks and rec. MR. WILLIAMS: Thank you, sir. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: We already had motion. COMMISSIONER HENNING: We did? CHAIRMAN HALAS: Well-- COMMISSIONER HENNING: Was it -- was it a second? COMMISSIONER FIALA: It was -- yeah. We didn't have a second. CHAIRMAN HALAS: We didn't have a second so-- COMMISSIONER FIALA: Commissioner Coletta made the motion. CHAIRMAN HALAS: I'll take the motion from Commissioner Henning and the second by Commissioner Fiala on that. And this is for the new water works park; is that correct? We got a clarification -- what was brought up in the discussion was the park that we've been working on since 1999. So I want to make sure that we got that on the record that this was the new park up in the North Naples area. MR. WILLIAMS: Yes, sir. CHAIRMAN HALAS: Okay. With no further discussion I'll call the question. All those in favor signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by like sign. (N 0 response.) CHAIRMAN HALAS: Okay. Motion carries. Page 327 June 6-7, 2006 Item #10H APPROVAL OF EXPENSES NOT TO EXCEED $4,000 FOR COLLIER COUNTY TO PROVIDE BUS SERVICES FOR ELECTED OFFICIALS FROM OTHER COUNTIES TO TWO EVENTS SCHEDULED JUNE 27 DURING THE FLORIDA ASSOCIATION OF COUNTIES 2006 ANNUAL CONFERENCE IN COLLIER COUNTY AT THE MARCO ISLAND MARRIOTT- APPROVED MR. MUDD: Commissioner, the next item is 10-H. It was formerly 16- F -1. The item was asked to come forward by Commissioner Henning. And it reads (as read): A recommendation to approve expenses not to exceed $4,000 for Collier County to provide bus services for elected officials from other counties to two events scheduled June 27th during the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco Island Marriott. And Ms. Debbie Wight, assistant to the county manager, will present. MS. WIGHT: Good morning, Commissioners. I'm sure you know about the Florida Association of Counties Conference coming June 27th through the 30th. Do you have -- so far this week the Florida Association of Counties officials that I spoke to said that the Marriott is booked. They've got at least 400 people coming. And we've been having regular meetings. Commissioner Halas has been involved in those meetings with those officials planning the event. These buses are for -- in your executive summary it explains an event called the county exchange which they first instituted at the conference in Stuart in Martin County. And it involves taking of county officials from other -- from other counties to facilities. And we've selected the new Collier -- the new North Collier Government Center, the Headquarters Library and the new North Collier Regional Page 328 June 6-7, 2006 Park. And we're going to take those officials in a bus from the Marriott. And we -- we thought that Collier County would provide that transportation and that's what we're asking the funding for. We're going to take them. We're going to provide -- Commissioner Halas will be on the bus and -- and provide them information from the Marriott to the facility. When they get to the facility, we're going to have Skip Camp provide a guided tour of the new government center. Marla Ramsey's going to provide a guided tour at the park. And we're going to have Marilyn Mathis provide a guided tour at the Headquarters Library. Not only is the intent educational, we're going to share information, like, construction detail and operational information and the public services we provide to our community. But it's also we're very proud of the facilities that we provide to -- to Collier County citizens. So it's also to showcase the fine facilities we have here. It's -- it's just something in Martin County. The county also paid for those buses. So we just thought that this was something that we could do. And I don't know if there's more information that you'd like me-- MR. MUDD: We'll be using those buses after we have them after they get them back at five -- five o'clock or so. MS. WIGHT: Five o'clock. We also are bringing them for -- to downtown Fifth Avenue. We also -- so on June 27th there are the two events. The one to five is the county exchange. And then from one to five we're bringing them to Naples to Fifth Avenue to do a restaurant tour. And then we'd -- also we're going to encourage them, if they have time, to take a walk down to -- to see the beach where we recently completed the nourishment project. Weare going to have county staff accompanying -- accompany them on the buses for both -- for both trips just to make sure that -- that their travels are comfortable and safe and reliable. And we just thought that this was a good gesture. We -- and, again, the intent is educational and informational, the exchange. And we also want to Page 329 June 6-7, 2006 show Collier County at its best. It is their -- the fact officials are very pleased. The turnout. They've sold out at the Marriott. They get -- everybody wants to come to Collier County. Do you have any questions or -- CHAIRMAN HALAS: Commissioner Henning has some questions. MS. WIGHT: Commissioner. COMMISSIONER HENNING: Did you get a -- how'd you come up with a figure of $4,000? MS. WIGHT: We -- at this point we don't expect it to cost $4,000. We're getting four quotes -- three quotes. I'm sorry. And I consulted with the purchasing director who immediately called finance and told us we need to go out for three quotes. And I've contacted three bus vendors. We're getting motor coaches. And so they'll have air-conditioning and a rest room on the bus. And we -- we don't expect it to be that much. But, Commissioner, at this point, we don't know if we're going to have 50 people, 100 people or 25 people on the buses. And we don't want to -- I don't want to embarrass the county and not have enough seating or too much. So I'm trying to be a good custodian of taxpayer funds as well. I don't expect it to be that much. I just want to have enough. COMMISSIONER HENNING: Did you get any of the bids in? MS. WIGHT: I've got a few in, yes. I don't expect it to be $3,000 even. I just don't want to have to come back and ask for more money. COMMISSIONER HENNING: Well, okay. What did you base -- base it upon, the -- the number of people or the number of buses that you're going to need or request? MS. WIGHT: When I talked to --I've got --I'm --I'm hope-- the bus -- the passengers -- the buses hold 55 passengers. And the best guess the Florida Association of Counties could give me was 40 to 80 people. So I had to go on that. They can't tell me how many people Page 330 June 6-7, 2006 until probably June 16th. COMMISSIONER HENNING: I see. MS. WIGHT: They've sold out 400 people. I just don't know how many people -- CHAIRMAN HALAS: You may end up with three buses. MS. WIGHT: Exactly. And I do -- with the venders I've had to ask them, Are you going to be able to -- if I have 150 people show up at the Marriott to go on the county exchange, can you send me another bus at the last minute? So that's been one of the questions I've asked the -- COMMISSIONER HENNING: Okay. MS. WIGHT: -- the venders. COMMISSIONER HENNING: It just seems like you can go a long way for $4,000 for what was explained here. MS. WIGHT: I don't -- I don't expect to spend that. COMMISSIONER HENNING: But I understand. Okay. I'll make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Motion on the floor for approval and there's a second. Any other discussion? (No response.) CHAIRMAN HALAS: Hearing none I'll call the question. All those in favor signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: And a motion of denial. (No response.) CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Thank you. Page 331 June 6-7, 2006 MS. WIGHT: Thank you. CHAIRMAN HALAS: Thank you. MR. MUDD: Commissioner, just what we'll do after -- after this thing gets locked in when we finally figure out how many attendees we'll get, we'll give you a memo and tell you the exact cost of those particular things with the -- with the bids and we'll tell you what the cheapest one was and whatnot and give you those details and let you know what they are. COMMISSIONER HENNING: And Ms. Wight did a wonderful job. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: The next -- the next item, Commissioners, is it's 11 paragraph, public comments on general topics. Ms. Filson. MS. FILSON: And I do have our one speaker, but he doesn't seem to be here, Kenneth Thompson. COMMISSIONER COYLE: I think we should give him a call. Item #14A THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE APPLICATION FOR CORPORATE MEMBERSHIP OF $200 TO BAYSHORE ARTS, AND APPROVE A DONATION OF $300 TO BAYSHORE ARTS, A 501C3 ORGANIZATION, FROM THE BA YSHORE GATEWAY TRIANGLE TRUST FUND (FUND 187) FY06 BUDGET AND DECLARE THE DONATION SERVING A VALID PUBLIC PURPOSE: MOTION OF DENIAL - APPROVED Page 332 June 6-7, 2006 MR. MUDD: That brings us to paragraph 14 which is the Airport Authority or the Community Redevelopment Agency. And-- and there is an Item 14-A. It used to be 16-G-1. And it reads (as read): Recommendation that the Community Redevelopment Agency, CRA, approve application for corporate membership of $200 to the Bayshore Arts, and approve a donation of $300 to the Bayshore Arts, a 501 c3 organization, from the Bayshore Gateway Triangle Trust Fund, Fund 187. It's in the FY'06 budget. And declare the donation serving a public purpose. And -- and this item was asked to be moved at Commissioner Halas's request. MR. PETTIT: Chairman Halas, and if I may, Mike Pettit for the record. Before we begin discussion on the side I might want to have a brief discussion with Commissioner Fiala. It's my understanding you're a member of the board -- COMMISSIONER FIALA: Yes, I am. MR. PETTIT: -- of the Bayshore Arts. And are a dues-paying member also. COMMISSIONER FIALA: Yes. MR. PETTIT: In light of that, I'm going to recommend that you abstain from voting under 286.012. I do not believe there is a conflict, but because of the possibility of a conflict, I think that would be your better course. COMMISSIONER FIALA: I feel better about that as well. MR. PETTIT: You may participate in discussion, though. COMMISSIONER FIALA: Oh, okay. Even an appearance might shade it. So thank you very much, Mike. CHAIRMAN HALAS: My concern is -- is getting involved with -- or the county is getting involved with 501 c3 'so We have one or two that are presently that year after year they come before the public trough and I think we're trying to work through the process to where Page 333 June 6-7, 2006 we're trying to make sure that they are a 5013c (sic) and that they don't come before us to look for public money from taxpayers. So that's one of my concerns. Does this -- I got a question here to ask the county attorney. Does this fit the criteria? Do you see a problem with us being involved with giving money to a 501c3? MR. PETTIT: Commissioner, again, Mike Pettit for the record. In my opinion, if you determine there is a valid public purpose for this donation, I don't see a problem with it. I know the clerk had a question. I never really -- was really clear on the question. Do you have any issue that -- MS. KINZEL: Excuse me. For the record, Crystal Kinzel. I think we were looking for a couple of items. Whether the CRA had the ability under their structure to contribute to another entity in that manner and the public purpose. And just to get that on the record, those two issues associated with that. MR. PETTIT: I think 1'11-- I will opine that there isn't an issue either under the -- acting as the CRA or as for a public purpose. Under Chapter 163.335 there's broad latitude for a CIR -- CRA board to expend public money to address issues of blight and to rehab and rehance -- and enhance an area. So this is, I believe, within your purview. If you find there is a public purpose for the donation. That's a separate question from any policy the board wishes to follow, whether as acting as the CRA, as you are here, or as the board generally as to -- as to such donations. CHAIRMAN HALAS: My concern -- and I'm going to ask Commissioner Fiala, I don't mean to put you on the spot. COMMISSIONER FIALA: That's all right. CHAIRMAN HALAS: But is there a possibility that the community out there -- that would be donors that would donate the $500? COMMISSIONER FIALA: Um-- Page 334 June 6-7, 2006 CHAIRMAN HALAS: Or do you have a way of -- of maybe charging an entrance fee for the artists, a small fee that would offset the cost of this? COMMISSIONER FIALA: Well, David Jackson's here. He might be able to come up. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: I have to tell you I'm not real, real familiar. But what I can tell you is that I know that the Bayshore Arts Association is planning a series of festivals of different types to try and to bring different forms of art onto Bayshore which, of course, will ultimately, hopefully help in the -- in the redevelopment of the area and also bringing up its -- its appearance. CHAIRMAN HALAS: I wasn't trying to put you on the spot. David, maybe you can shed some light on this. What I'm looking at is instead of using taxpayers' dollars, if there's a way that maybe you could have an entrance fee, nominal entrance fee. I don't know how many exhibits you plan to have or maybe you have people in the -- COMMISSIONER FIALA: One thing. See, that's the thing. CHAIRMAN HALAS: Yeah. Maybe you can give me some guidance here. MR. JACKSON: David Jackson, Community Redevelopment Agency Executive Director. Yes, sir. The -- the financial donation along with the membership which is a corporate membership which comes right out of our membership line item is -- the local advisory board is very interested in supporting this organization just as they are anybody else that's within our boundaries that is going to be a good community partner in the future to get us out of the blight mode. Weare planning on bringing to you this fall a recommendation and resolution to create an arts district. And to do that by resolution and that will open up many doors for us and to redevelop the area and to bring these kind of venues to the area and organizations to cohabitate in that Bayshore area that we're looking for. This donation Page 335 June 6-7, 2006 is to assist the organization just to keep it alive. And it's not to go to any specific event or activity. It's to help them get their bylaws established and some creativity to going and -- and the reorganization that they're going through right now. CHAIRMAN HALAS: Is this going to be a yearly thing? MR. JACKSON: No, sir. This is a one -- one time. CHAIRMAN HALAS: One time? Okay. Okay. MR. JACKSON: Yes, sir. Membership is a membership. This is a donation. This is a financial stipend. And in other CRAs we've been to we've given as much as a $10,000 start-up grant to a mainstream organization. And that's -- probably will be forthcoming also in the near future. And you get that start-up and you're allowed to do that with CRAs to foster giving -- things to get going. Not any different than the grants we give to people to improve their homes or their businesses, the payment of impact fees. And these go to personal people. These are allowed to be determined and provided to the organizations and private companies from the CRA. CHAIRMAN HALAS: Well, my concern is when we start something or we give a donation to a 501c3, how -- then it seems like it's something -- it's a gift that keeps on giving. And that's where I don't want to get involved here where we continually do this year after year after year. MR. JACKSON: No. No, sir. Your local advisory board has no intent on that. And just to give you an example. Two years ago they gave $5,000 to an art festival. The next year they said, We're not giving you any more. That was a first start-up. And the same thing on this one. This is a first time to help you get going and then we're going to move on. CHAIRMAN HALAS: Fantastic. Commissioner Coyle. COMMISSIONER COYLE: This -- this is a little tricky. Who-- who is it that is going to have the corporate membership? Is it the CRA? Page 336 June 6-7, 2006 MR. JACKSON: Yes, sir. COMMISSIONER COYLE: Okay. The CRA is, of course, us. MR. JACKSON: Yes. COMMISSIONER COYLE: Let's -- let's for a minute step back and say -- let's suppose someone would come before the Board of County Commissioners and say, We want you to buy a corporate membership in Friends of the Library. And we want the Board of County Commissioners to donate some money to the Friends of the Library. That would probably cause us all to stop and say, Whoops, we don't -- I'm not sure that's a business we as a board should be in. And I reach the same conclusion with respect to the -- the CRA board. It would be better in my mind if you could find a way to donate to an improvement proj ect which you're doing all the time right now anyway and you're authorized to do that. And rather than -- than assisting an organization to write its bylaws. And -- and I also think that -- that maybe corporate membership in the organizations you're responsible for administering, approving grants for and that sort of thing is not a good idea. I think it gets you too close to that organization. And you've got to keep an arm's length relationship with -- with those, I believe. At least that -- that would be my gut feel for all of this. And I would -- I would like to find better -- another way to do this. I -- I don't want to be stingy about helping people improve the Bayshore area. It is, after all, your money. That is Bayshore area's money. They're the ones that put the money in there. They should be able to spend it for the improvement of their area and that's why it was -- it was set up. It's just that involving the board becoming a member of -- a corporate member of an organization that the board might ultimately be bestowing funds on is a really slippery slope I think. Is there another way we can solve this problem? MR. JACKSON: Yes, sir. I have many venues and different ways that we can spend this $500 and more to assist in the cultural arts Page 337 June 6-7, 2006 district that we're planning on building in that area in the next couple years. If the board so chooses to disapprove the corporate membership and -- and the donation, there'll be other ways they we will be able to assist and aid. And we can do that. And that's our full intent. This was just the local advisory board looking at it and says, We just don't want this organization to crumble yet before we really get the rest of the area up on -- on its feet, you know, help bootstrap any other organization that may be in there just like we do the private parties. COMMISSIONER COYLE: Yeah. MR. JACKSON: So there -- yes. There -- the assistance will not cease. COMMISSIONER COYLE: Okay. MR. JACKSON: So this will not -- I mean, it'll be a bank account blow, but it won't -- for the organization. But it won't be an organization creation and fostering blow to them because the CRA will continue to do that and all the other organizations that are in the CRA. CHAIRMAN HALAS: Do I hear a motion? MR. PETTIT: May -- may I comment, Commissioners? COMMISSIONER COYLE: Yes. MR. PETTIT: I don't mean to be a -- I guess I was asleep at the wheel, but I agree with Commissioner Coyle. I -- as he was stating his concern, I think legally you can become a member, but then what happens if this organization appears before you for an approval of some sort, I think that could be problematic so... COMMISSIONER COYLE: Motion -- motion for denial. CHAIRMAN HALAS: Second that. MR. PETTIT: That -- that only goes to the corporate membership issue. I'm not addressing the donation issue. I think that's fine. COMMISSIONER COYLE: I think you can get that job done, Page 338 June 6-7, 2006 can't you, David? MR. JACKSON: Yes, sir. I'll talk with the -- the board. In fact, they have a meeting next Monday. And I'll go to them and give them other opportunities in which they can get some assistance with the aid. COMMISSIONER COYLE: Well, I can tell from your past experience that -- that -- that Commissioner Coletta has been willing to fund efforts like that out of his own pocket. He has, in fact, given people a $100 bill to do certain things like that that couldn't be approved otherwise. And I've seen it with my own eyes. And he'll be the first one to tell you that he thinks that's the right thing to do. COMMISSIONER COLETTA: I'm sorry. You let the cat out of the bag. I've been trying to keep this quiet for a long time, but -- COMMISSIONER HENNING: Call the motion. CHAIRMAN HALAS: Okay. All those in favor signify by saying aye for denial of this. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed by like sign. (No response.) CHAIRMAN HALAS: Motion carries. Thank you. MR. MUDD: And that carried 4 -- 4 to O. CHAIRMAN HALAS: Correct. MR. MUDD: For the record. CHAIRMAN HALAS: Yes. COMMISSIONER COYLE: I'm not kidding you. You ought to get your money from the guy. Item #15 STAFF AND COMMISSION GENERAL COMMINCATIONS Page 339 June 6-7, 2006 MR. MUDD: Commissioner, that brings us to communications, staff and commissioner general correspondence. CHAIRMAN HALAS: Starting with Commissioner Coyle. Do you have anything to bring to the board? COMMISSIONER COYLE: Yes. It's getting late. It's close to lunchtime. Let's go. I'm all finished. CHAIRMAN HALAS: Commissioner Coletta. COMMISSIONER COYLE: I thank you. This won't take more than ten minutes. I just -- I just wanted to tell you that I am just so proud of this commission and how we got going forward on the affordable housing issue. You're a wonderful bunch of people and I love you. COMMISSIONER COYLE: I wish we could say that about you. CHAIRMAN HALAS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I have -- I know this is not going to make anybody happy, but I have a few fast things. First one is nice and easy. Happy birthday day before yesterday to Jim Mudd and happy anniversary to Jim and Toni Mudd. I just thought we ought to say that. We -- we won't sing. The second thing is I know I mentioned at one of these sessions that I thought maybe we ought to investigate possibly buying the Riviera Golf Course as a public golf course. And -- and I was wondering if we have -- have done that or not? And if not maybe could we just at least take a look at that? We've been talking about a public golf course. And it was mentioned that there's not even really any improvements or anything to make there. It wouldn't cost us a bunch to do that. I was -- I just thought maybe it would be something to investigate. MR. MUDD: Board's desire? Do I have three nods? COMMISSIONER FIALA: No? No? COMMISSIONER COYLE: We've evaluated that. We've had Page 340 June 6-7, 2006 parks and recs people evaluate that operating a golf course and they've always advised us that it's a losing proposition. If it could be operated profitably as a golf course, it would be operating profitably as a golf course right now. And I don't think changing ownerships is going to make any difference. We'll wind up subsidizing it. COMMISSIONER FIALA: I don't know if it's been operating at a loss. COMMISSIONER COYLE: Well-- COMMISSIONER FIALA: I really don't know that. I know the Lakewood one they were saying was, but then their figures were so outlandish and they weren't even close to the actual figures. I could understand why they programmed that one to be losing, but I don't know about this one. But if you -- if that's your wishes, well, then fine. So nobody agrees with me. Okay. Also I would like -- I would like us at some point in time as commissioners to have the opportunity to sit down and -- and try and make a decision if we -- if we are planning to approve all affordable housing components, any PUD that comes up regardless of whether they're on congested roads or failing roads or before improvements are completed. Because I know we've got a big guilt complex going. We better approve one or else. And that's a great thing for any -- any developer to come in, just put a little component in there of affordable housing. Guilt everybody. And then we put it on anything regardless of whether it makes sense or not. And I'm very, very concerned with that. And I think we ought to discuss it at some workshop or something. COMMISSIONER COYLE: You're right. I fully support you on that. Because it's a very, very dangerous thing to do. The problem is we're caught right now between existing law, our -- our land development codes and recommendations that we've made to try to solve this problem. And you're right. We need to discuss it in detail at a later point in time. Page 341 June 6-7, 2006 COMMISSIONER FIALA: Right. COMMISSIONER COYLE: But it is a serious problem. COMMISSIONER FIALA: Because we're now planning for the future of our entire community. And -- and -- and what we do now, everybody has to live with from thereafter. COMMISSIONER COYLE: If I could just add one thing in support of you. Our Land Development Code right now specifically says that rezones are subj ect to contingent -- or concurrency evaluations. So if -- if we do not believe that we have capacity and it talks about its impact on the entire system, if we don't believe we have the capacity, we have every right just to refuse the rezone, end of story . COMMISSIONER FIALA: But what's going to happen when proportionate share kicks in? It seems then that we have no right to vote on anything. COMMISSIONER COYLE: Staff -- that -- that's right, but staff is working on that. And if they are successful and they will be only temporarily, we can -- we can hold it down. But next legislative session they will change it so that we don't have as much control over it. CHAIRMAN HALAS: This brings up another question. And I-- I was directed to this to you yesterday when we had that item before us. And that is where somebody wants to take advantage of the density as high as possible. And I don't believe that we're here to make sure that the developer, the person who's got that land gets maximum value out of it. And I was concerned about the density that was approved yesterday. The only reason that I approved it was because of the affordable housing. But I really felt that the density in that particular area because of the fact that the intersection is failing at Airport and -- and Davis Boulevard, I was very, very concerned about that. And it was -- I think that when we look at this, we have to be more open in Page 342 June 6-7, 2006 regards to saying, well, I'm only going to give you X amount of additional density and not the full -- full -- COMMISSIONER FIALA: See, that's another thing to -- for us to discuss. CHAIRMAN HALAS: Yeah. COMMISSIONER FIALA: And like they also told us, now we -- we approved it because we knew it was a good project. And -- and we knew it would answer some -- some need. Yet at the same time we were told that they probably can't get out of there to go to work because they're going to be lined up in traffic just trying to get out of their -- their -- their developments because there's such a problem there already. So, you know, I think we don't need to discuss it anymore now. But I think we should hold some type of a workshop to discuss it. COMMISSIONER COYLE: You're right, absolutely. I agree with both of you. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HALAS: Commissioner Coletta, you had something to add to this? COMMISSIONER COLETTA: I think it's great that we're going to discuss it. I do think that we always have to keep in mind as we mentioned before several of the staff about the -- the possible benefit, public benefit. So I hope we always have that latitude to be able to take things on a case-by-case basis too. COMMISSIONER FIALA: Yeah. But, you know, we also, when we talk about public benefits, we -- is the public benefitting by us overcrowding the streets so they can't move? You know, that's-- that's another section of that. Okay. Enough of that. The last thing I wanted to know is if you would agree that possibly we need an ordinance, Commissioner Coyle, you brought this up last time, addressing impact fee deferrals and grants for down payment assistance and home repairs and so forth that should be given Page 343 June 6-7, 2006 only to legal residents with certified valid identification. We have nothing in our -- in our statutes right now that says that. And -- and I think that maybe we need an ordinance to say that. COMMISSIONER COLETTA: I -- just one question. COMMISSIONER FIALA: Sure. COMMISSIONER COLETTA: We really -- right now we're granting -- we're giving this money to people that aren't legal residents? COMMISSIONER FIALA: Well, there's nothing there that -- it only says that if they're eligible to work, SHIP funds can go to anybody if they're eligible to work and if it's -- if it's evidenced by -- by, like, a Social Security card. You can get that. You know, you hear of people that have ten of them all with the same Social Security or a green card, but they can go down and buy that on Bayshore -- COMMISSIONER COLETTA: Right. I hear that. COMMISSIONER FIALA: -- for fifty bucks in twenty minutes. I just want to make sure that our taxpayer dollars are going to pay for people who pay -- pay taxes, you know. COMMISSIONER COLETTA: Well, pay taxes or-- CHAIRMAN HALAS: And Social Security. COMMISSIONER COLETTA: -- they're legal people recognized in this country. COMMISSIONER FIALA: That's right. That's right. Okay. That was -- that's all for me. Thank you. MR. MUDD: And -- and just for the folks out there in the audience, Commissioner Fiala has a great point. From the county's side of the house, we don't have that check and balance. But what we've been -- what we've been counting on when you do SHIP, it's normally an augmentation to a mortgage that they have to get from a -- a lending institution in Collier County or in Lee County. What they go through for background requires them to be a legal worker to pay the taxes and those particular issues. But this is a -- this is a good way Page 344 June 6-7, 2006 to make sure that we have something in our ordinance to make sure that there's another avenue in order to make that change. COMMISSIONER COYLE: If I could just add something. Remember that we are also giving grants to people from CRA money to do certain things both in the Immokalee CRA and the Bayshore CRA and the Mini Triangle CRA. But we need to make sure that that money is going to -- CHAIRMAN HALAS: Citizens. COMMISSIONER COYLE: -- yeah, legal residents. MR. BAKER: And there's one other area. Denny Baker for the record. Excuse me for interrupting, but economic incentives we give -- we give monies to employers who are creating jobs. Those jobs created would be much in the same vein as what you're saying. COMMISSIONER FIALA: Oh, good point. Yeah. Thank you. CHAIRMAN HALAS: Okay. Anything else? COMMISSIONER FIALA: No. That's it. Thank you. CHAIRMAN HALAS: Commissioner Henning, do you have anything? COMMISSIONER HENNING: Yeah. I didn't pull one item on -- on the agenda. That's the change orders. But I did notice that at least one of them was an aftereffect approval. So I know the board said don't do that. So I hope you keep a closer eye on that. Thank you. CHAIRMAN HALAS: County Manager, I overlooked you. Do you have anything to bring before us? MR. MUDD: Yes, sir. And the first thing is that the government center -- the north government center on -- off of Airport Road next to our new library opened up on Monday. The first day we had 190 customers served of which 109 had driver's license services. Marriage licenses were twenty-nine, sixteen utility bills, eight beach stickers, ten property appraiser services, eight traffic fines. We won't go into who came in to get that fixed, and ten miscellaneous. Page 345 June 6-7, 2006 CHAIRMAN HALAS: How about divorces? MR. MUDD: Didn't get into that. But I will tell you that they're busy, that they are open. And it's -- and they're providing a wonderful service for our community. But I'll just give you a heads-up on that particular problem. And I won't go through all the pictures. The next item is we received notice on June 2nd, 2006, from NCH that they're giving us their 30-day notice where they're not going to participate -- be our agent for the Upper Payment Limit Program. And -- and that causes us a bit of issue. So we are going to take a look at their -- if there are other -- and the Upper Payment Limit is now called been renamed the Low Income Pool Program, the LIP program. And we are looking at other agents to see if they can do it for us to stay within the -- the statutory limitations that are set upon us by Tallahassee. What does it mean? What does this mean to us this fiscal year? That means that we're looking for $50,000 within the budget in -- in human services. In order to get that done I think we'll -- we'll have -- if we have issues, we'll come back with that. Of a bigger issue is it's a half a million shortfall in our '07 budget. And we're actively trying to remedy that particular issue. But I thought I'd bring it to your attention. It is a mutual agreement with us. There are things in the agreement that says within 30 days -- a 30-days notice that they can -- they can pull out of that. We're also going to have conversation to figure out what exactly caused NCH to get out of this particular program with us. We are also going to talk to HMA to see if -- if they can take over in this particular instance, but I'll let you know that particular item. There is -- there is also a lawsuit between CBIA and Collier County that's out there. It has to do with government building impact fees. I believe within the next couple of weeks that will be totally dismissed on a mutual agreement; is that right? MR. PETTIT: Yeah. I believe the stipulation may have been Page 346 June 6-7, 2006 signed already by our attorney. MR. MUDD: Okay. So that -- that's good news. In other words, they dropped the lawsuit. The next item, last but not least, and I hate to have you go before twelve o'clock but we need to get a read, and Leo's been working on this particular item. The board has told us to come up with straw-- straw ballot language for the November election. It basically talks about adequate road capacity before development to get a feeling of -- of what the voters' desires are. There's two -- there are two sample questions ballot -- referendum questions before you on a piece of paper that Leo's passing out. And I have them on -- I have them on the overhead. What we were trying to -- to get an idea is to figure out which one you would prefer and then for the next meeting have the referendum language and the, you know, resolution and the -- and the executive summary all before you so that you can discuss it. But-- but I -- but to sit there and try to craft it during that meeting makes it kind of tough too. But one of these questions was provided by Commissioner Coyle, but I won't tell you which one so... COMMISSIONER COYLE: It's the one that says "yes." Yeah. No. I -- yeah. Just being fair and impartial here, I like No.1 because it explains the situation. Number 2 does not. Number 2 doesn't really tell you what the problem is and how it can best be changed or best be solved. CHAIRMAN HALAS: I agree with you there. COMMISSIONER COYLE: Number 1 is, in my opinion, the best one. It's clear. It's explanatory. CHAIRMAN HALAS: The other one's too vague. COMMISSIONER COYLE: Yeah. CHAIRMAN HALAS: Way too vague. I agree with the -- with Commissioner Coyle. COMMISSIONER HENNING: I have a question. Page 347 June 6-7, 2006 CHAIRMAN HALAS: Commissioner Henning. COMMISSIONER HENNING: So if the people say on the one on the top say yes, what does that mean? We can't change state law. CHAIRMAN HALAS: But I think what it means here is that then we as the Board of County Commissioners, we have to make sure that we have the concurrency, the road capacity. COMMISSIONER HENNING: Well, the final question is the last sentence, Should this law be changed to require adequate road capacity before new development begins? COMMISSIONER COYLE: And the answer -- if the answer is yes -- COMMISSIONER HENNING: Yes. COMMISSIONER COYLE: -- what it does is it sends a very, very clear message to state government including our legislators and to us, as a matter of fact, that -- that says that the -- the -- the voters of Collier County expect that concurrency will be maintained in Collier County. And -- and -- and they would expect to hold us responsible as well as the state legislators responsible. I think that's -- that -- that is a very clear statement that -- that, quite frankly, we don't even seem to be able to agree on. COMMISSIONER HENNING: Well, what you're saying with that since the majority of legislators in Tallahassee don't serve Collier County, they're not elected by the people, what -- what -- what kind of -- what kind of statement are you saying to our delegation? You're-- you're unelectable -- COMMISSIONER COYLE: No. COMMISSIONER HENNING: -- if they can't change it? COMMISSIONER COYLE: No. But that's one thing they are to be fighting for. COMMISSIONER HENNING: Well, I think they -- they have in the past, especially in this last session they tried to. But just like none of us, not one person up here are king, neither is our delegation Page 348 June 6-7, 2006 in Tallahassee. There are other people, other -- other lawmakers that weigh into it. And they're going to pay whatever particular -- they're going to vote the way they think they're serving their district the best. And this might not serve their area the best. COMMISSIONER COYLE: So are you -- you telling me that you don't want the people, the voters of Collier County to have a voice and to express their opinion? COMMISSIONER HENNING: They always do. COMMISSIONER COYLE: Well, I haven't heard them say this. COMMISSIONER HENNING: You haven't heard them say what? COMMISSIONER COYLE: I haven't heard the voters of Collier County say, We want state law changed so that we can have adequate road capacity before you develop it. COMMISSIONER HENNING: Well, okay. Maybe it's a subliminal message that we're trying to send to our delegation, but that's what I read out of it. I just want to give you my thoughts. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Commissioner Fiala. COMMISSIONER FIALA: Yes. As I look at it I thought, you know, maybe they don't change the law to' require. But the second one says that then we would have the ultimate legal authority. That means, no matter what exists, we would then have the ultimate legal authority to require adequate -- adequate road capacity? COMMISSIONER COYLE: But -- but you see the second one doesn't -- COMMISSIONER FIALA: Well, I was thinking of-- COMMISSIONER COYLE: -- shouldn't even be there. COMMISSIONER FIALA: I was thinking of adding that instead of under the first one just, you know, get the explanation there and then put the -- should the Collier County Commission have the Page 349 June 6-7, 2006 ultimate authority. After you explain to them what the state law says, then do you want us to have the ultimate authority to require adequate road capacity before? COMMISSIONER COYLE: I think that -- I think if the state law is changed to require that, then it solves the same problem. COMMISSIONER FIALA: Yeah. But what I was thinking of is, if we can't get them to change it, then -- should we, then, kind of have our people saying -- COMMISSIONER COYLE: Well, the -- the point of all this is to -- is to begin a process that hopefully will result in a change. First, we have to have a recognition that we're not permitted to do some of these things. Okay? COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: People don't understand that. COMMISSIONER FIALA: I agree with that. I agree with that. COMMISSIONER COYLE: Okay. And -- and, secondly, I think we have to understand that there might come a time when we've got to pursue legal means to preserve our rights. And when we have a CHAIRMAN HALAS: Backing from -- COMMISSIONER COYLE: -- the backing from the voters, our position is strengthened dramatically. Because it is clear that we're acting on -- in the interest of our voters. So -- so I believe the first one does exactly what we want to do. COMMISSIONER FIALA: Okay. CHAIRMAN HALAS: Commissioner Coletta. COMMISSIONER COLETTA: Yeah. Two things. I think we got some good wording here. Just that the assumption is that our state legislative people wouldn't be supportive of concurrency in a tighter fashion. COMMISSIONER FIALA: We're only talking about three out of one hundred and twenty. That's what I'm referring to. Page 350 June 6-7, 2006 COMMISSIONER COLETTA: I think we've got very supportive legislative people. COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: And this might -- let's --let's approach it with the idea that we're trying to give them the tools to be able to reach out even further. And we might be able to take this and sell it to the Florida Association of County (sic) maybe at the end of this month when they come here as being an idea that they might want to pass on to their legislative delegation which has been the problem up in Tallahassee, not ours. But the only -- the real issue that I got with this is the fact that this hasn't been duly advertised. And if we make a decision here today without having the chance for public input, would we really lose any advantage if we brought it back at the next meeting? MR. MUDD: Commissioner, just tell me if you're -- all I'm trying to do is give -- give me some direction and which one is the better of the language and then you can craft around it at the next meeting. And it doesn't mean you approve this at all. COMMISSIONER COLETTA: Fine. Okay. We're all on the same page, then. MR. MUDD: Yeah. No. We're going to advertise it and bring it forward, get everybody to it. I just -- if we don't do this, then I'm going to have to go through -- COMMISSIONER COLETTA: Yeah. MR. MUDD: -- and set up two different-- COMMISSIONER COLETTA: Let's take the first one and then when we come back if we have -- we have plenty of time to study it. We can get some public input and then we can go ahead and lay it out. CHAIRMAN HALAS: Got direction. COMMISSIONER COLETTA: But also I kind of hope before we go any farther, too, we might be able to direct the chair to write a letter to our legislative delegation telling of our intentions to bring this Page 351 June 6-7, 2006 before on our agenda -- COMMISSIONER COYLE: We can tell them Friday. COMMISSIONER COLETTA: -- at the next meeting. COMMISSIONER COYLE: We can tell them Friday. We're having a workshop Friday. CHAIRMAN HALAS: Yup. COMMISSIONER COLETTA: I was just thinking of the formality of the letter. But that's okay if you think the workshop is a sufficient avenue to reach out to them. CHAIRMAN HALAS: We can -- we can tell them Friday and then we can follow up with a letter. COMMISSIONER COLETTA: I think you need to do both. There's no guarantee we'll have everybody at the workshop as much as we would like them. COMMISSIONER COYLE: Then in that case, then, let's just do it by letter. That -- that means we notify them all at the same time so the people at the workshop don't get notified earlier than the other people. CHAIRMAN HALAS: All right. We'll do it with a letter. COMMISSIONER COLETTA: May I suggest we -- we also put in that we thank you for your past support, something to that nature and make it a positive letter. Thank you. COMMISSIONER COYLE: Why change our past practice? CHAIRMAN HALAS: No. We'll make sure it's -- we'll soften it. COMMISSIONER COLETTA: I'll give you a $100 bill. CHAIRMAN HALAS: Okay. County Attorney, do you have anything? MR. PETTIT: Just -- just briefly. I just -- I had an opportunity to speak with Mr. Weigel during a break. His surgery went relatively well and he anticipates being back next week. Page 352 June 6-7, 2006 COMMISSIONER COLETTA: Good. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Thanks for giving us that. CHAIRMAN HALAS: I don't have anything else to add to this other than the fact that what I stated earlier that we as commissioners have to work together. And if there's an issue or an item that commissioners feel is important that I believe that needs to be brought to the board before any further anything is done with that item with the particular commissioner so that we have a heads up and we can either give approval or denial in that regards. COMMISSIONER COYLE: You know, it might be appropriate at some point in time just to have a workshop on that too. Because I think there are -- there are a number of things that we could do. I believe that the chair really has the ultimate authority for communicating with -- externally to this office to other elected officials. And I -- I believe that it -- it's the only way we can accurately convey to other people and other agencies what the majority support of the board really is. If we have individual commissioners writing people and providing them direction, they have no way of knowing whether or not that's an official board direction. And their -- CHAIRMAN HALAS: That's true. COMMISSIONER COYLE: -- and their natural inclination is, okay, that's what the board wants to do. And that -- that might not be true. And it undermines our ability to -- to implement and support majority positions. So I think maybe -- CHAIRMAN HALAS: You're right. COMMISSIONER COYLE: -- we might want to consider a policy which says that -- that any letters concerning board positions would be written by the -- the chairman. But if an individual commissioner wishes to write a letter and exercise his -- his right of expression, he must specifically state that -- that he's writing only on Page 353 June 6-7, 2006 his own behalf. CHAIRMAN HALAS: And not on the board's. COMMISSIONER COYLE: And not on behalf of the board. But I think that would be a good safeguard because, otherwise, we send a lot of confusing, mixed messages to people. CHAIRMAN HALAS: Commissioner Coletta. COMMISSIONER COLETTA: Yeah. One of the things, whenever I'm communicating with somebody I always try to make it very plainly it's my own opinion. I don't want to ever get to the point where I can't express my own personal opinion on matters that I -- the people I represent. We do have to talk as a unified voice in some degrees. But other degrees I think it's extremely healthy to be able to have various opinions out there, to be able to discuss them and argue them. We're reasonable people. We do change our minds as we go through the process. One of the things I do on a regular basis, I try to get people to bring issues forward. Probably half of all the people who come here on public petitions come at my invitation. Some items such as the No Fishing signs that are coming forward, that they're talking about on 41, I asked that to be brought forward to the MPO meeting this Friday. It's on the agenda. This is something. I would never try to rule separate from this board and try to assume authority as the only source of information or anything. But I -- I reserve the right to express my opinion whenever I think it's appropriate. I agree with you that it should be worded in any way or form that indicates that it is the desire of the board. And I -- I think that when I put in there I use the word "continuously" and I -- I'm very careful with the selection of my words because I've served on numerous boards. CHAIRMAN HALAS: You don't have a chair complex, do you? COMMISSIONER COLETTA: No. No. I'm just running out of money to give away, though. Page 354 June 6-7, 2006 CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: It hasn't stopped you from trying. CHAIRMAN HALAS: No. I think what we try to do is just get -- make sure that -- COMMISSIONER COLETTA: That's okay. Let's have a board meeting. COMMISSIONER COYLE: Let -- let -- let me just add something to it. It -- it -- it really is -- is important that we do more than just say "I." It's important that you say, I am not writing on behalf of the -- CHAIRMAN HALAS: Board of County Commissioners, exactly, yes. COMMISSIONER COYLE: Or you can even say, I disagree with the majority opinion of the -- of the Collier County Board. And -- and you can communicate in those ways. But it -- it should be very, very clear to people that you're not giving a direction or official policy statement. And any official policy statement should come from the chair, end of story. CHAIRMAN HALAS: Do you have anything to opine to this, County Manager -- County Attorney. MR. PETTIT: I know we've been asked by different commissioners at different times about this exact issue. And I think it would be helpful to have a discussion on the issue. COMMISSIONER COYLE: Okay. Good. MR. PETTIT: I could get into ethics and commission opinions and all those kinds of things. MR. MUDD: Can we do it as a workshop? I mean, I've got -- I've got three topics for workshops, okay, out of today. COMMISSIONER COLETTA: Let's do it this afternoon. MR. MUDD: One of -- one of which is with the Fish and Wildlife Service and have them come forward. And that will take about an hour. We'll figure out where they're coming from. Another Page 355 .. ..........- I June 6-7, 2006 one is to talk about policies as far as commissioners' correspondence, okay, which you're talking about right now. And then -- and then a workshop on rezones with affordable housing and density. And I believe when we talk about that I'm going to have staff bring that up. I want to bring up the words. I'm going to quote you, Commissioner Fiala. Okay. And I'm going to bring up those words. And I'm going to let the commissioners talk about it. Because I really think that's what you want to do. You don't want staff to come talk to you about density and affordable housing and whatnot. COMMISSIONER FIALA: But we can never talk to one another otherwise. MR. MUDD: That's right. And you really just want to -- here's the -- here's the subject. You wanted to have an open dialogue between the five commissioners about this topic. And then just open it up. I believe we could have that workshop if it's all right with you in September on all three topics and do it over a four-hour period of time. And I believe it gets at what you want. You might even get done sooner than that, but is that okay? COMMISSIONER COLETTA: Yeah, fat chance. COMMISSIONER COYLE: Yeah, right. MR. MUDD: Did I -- did I catch your meaning a little bit? CHAIRMAN HALAS: Yeah. COMMISSIONER COYLE: Yes. I think that's the right thing to do. MR. MUDD: All right. COMMISSIONER COYLE: September mayor may not be right, but you need to check it. MR. MUDD: September, October, we'll get it -- we'll get it right in that neighborhood and we'll put all three subj ects on the same one and get after it. CHAIRMAN HALAS: Good. If there's nothing else, we are adjourned. Page 356 ..'"-__.......__~__.."."'"_'^~'r._.M June 6-7, 2006 ***** Commissioner Coyle moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16A1 RECORDING THE FINAL PLAT OF MARSALA AT TIBURON, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W /STIPULA TIONS Item #16A2 RECORDING THE FINAL PLAT OF HAMPTON VILLAGE AT AVE MARIA PHASE 1, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A3 ACCEPTANCE OF A DONATED PUBLIX GIFT CARD IN THE AMOUNT OF $75.00 TO BE USED TO PURCHASE VOLUNTEER LUNCHES AT THE OTTER MOUND PLANTING DAYS - ON JUNE 17~ 2006 AND JULY 15~ 2006 Item #16Bl - Moved to Item #10C Item #16B2 - Moved to Item #10D Page 357 June 6-7, 2006 Item #16B3 - Moved to Item #10E Item #16B4 - Moved to Item #10F Item # 16B5 REJECT ALL BIDS SUBMITTED FOR BID #06-3909, "TRAFFIC OPERATIONS ELECTRICAL COMPONENTS" - TWO BIDS RECEIVED WERE EITHER INCOMPLETE OR EXCESSIVE IN COST AND WOULD NOT PROVIDE A GOOD VALUE FOR COLLIER COUNTY Item #16B6 REJECT BIDS SUBMITTED FOR BID #06-3917, "ROADWAY LIGHTING COMPONENTS" - BID RECEIVED FROM MAYER ELECTRIC SUPPLY COMPANY WAS INSUFFICIENT Item #16B7 RESOLUTION 2006-136: AUTHORIZING THE FILING OF THE TRIP AND EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) Item #16B8 AUTHORIZE THE DISPOSAL OF CERTAIN COUNTY-OWNED PROPERTY THAT IS WITHOUT COMMERCIAL VALUE - FOR ASSET #960882 TOSHIBA FAX MACHINE AND ASSET #960894 HP LASER JET 5M PRINTER Page 358 June 6-7, 2006 Item #16Cl CHANGE ORDERS TO GREELEY AND HANSEN LLC WORK ORDERS GH-FT-05-07 IN THE AMOUNT OF $47,250 AND GH- FT-05-08 IN THE AMOUNT OF $41,304 UNDER FIXED TERM CONTRACT #00-3119, FIXED TERM PROFESSIONAL UTILITY ENGINEERING SERVICES, FOR THE 2005 UTILITIES WATER MASTER PLAN UPDATE AND THE 2005 UTILITIES W ASTEW A TER MASTER PLAN UPDATE AND APPROPRIATE BUDGET AMENDMENTS, PROJECTS NUMBERS 70070, 73066, AND 75007 - TO ACHIEVE COMPREHENSIVE AND CURRENT 2005 MASTERPLAN UPDATES FOR WATER AND WASTEWATER Item # 16C2 PURCHASE OF AN AQUATECH MOBILE CATCH BASIN AND HIGH VELOCITY COMBINATION SEWER CLEANER TRUCK FROM PAT'S PUMP AND BLOWER ON STATE CONTRACT 070-700-322 IN THE AMOUNT OF $196,572.80 - TO REPLACE ONE 11-YEAR OLD VEHICLE Item #16C3 AWARD CONTRACT 06-3901 "LOAN/GRANT ACQUISITION AND COMPLIANCE SERVICES" TO ANGIE BREWER & ASSOCIATES, LC, AS PRIMARY, AND TO PUBLIC UTILITY MANAGEMENT & PLANNING SERVICES, INC., AS SECONDARY, IN AN ESTIMATED ANNUAL AMOUNT OF APPROXIMATELY $1 ~OOO~OOO Item #16C4 Page 359 ^__".~_"'"",~~~~~~__"".M_._._. T June 6-7, 2006 AWARD CONTRACT 06-3977 TO VACCARO CONSULTING, INC. FOR "CONSULTING SERVICES AND PLANNING ASSISTANCE" - TO PROVIDE STAFF ACCESSIBILITY TO A LEVEL OF EXPERTISE IN THE PROCUREMENT OF UTILITY SOFTWARE APPLICATIONS NOT AVAILABLE FROM IN- HOUSE STAFF Item #16D1 LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL - TO BE HELD AT SUGDEN PARK AND IN-KIND PAYMENT FOR THE RENTAL FEE FOR THE USE OF THE PARK WILL BE IN THE FORM OF ADVERTISING AND COLLIER COUNTY WILL BE RECOGNIZED AS A CO-SPONSOR OF THE EVENT IN ALL PROMOTIONAL EFFORTS Item #16D2 - Moved to Item #10G Item #16E1 PHASE I AND PHASE II OF WORK ORDER #SCD-FT -3850-06- 01, ISSUED TO SPILLIS CANDELA DMJM (ARCHITECTS), IN THE AMOUNT OF $368,730.00, FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE NAPLES JAIL IMPROVEMENT PLAN PROJECT - AS DETAILED IN THE EXECUTIVE SUMMARY Page 360 ____~.,._.."<_.._"..~H_ ._~ , June 6-7, 2006 Item #16E2 FUNDING FOR EMERGENCY GENERATOR UPGRADES AND ASSOCIATED WORK IN THE AMOUNT OF $408,538- AUTHORIZE STAFF TO BYPASS THE NORMAL PURCHASING POLICY AND UTILIZE A QUOTE SYSTEM FOR RESERVING AND RENTING GENERATORS AND ASSOCIATED EQUIPMENT (PHASE ONE OF THE COMPLEX'S EMERGENCY POWER SERVICE PLAN) Item #16E3 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD APRIL 15, 2006 THROUGH MAY 17~ 2006 Item #16F1 - Moved to Item #10H Item #16G1 - Moved to Item #14A Item #16G2 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVAL OF THE EXPENDITURE OF $5,701.50 OF BA YSHORE GATEWAY TRIANGLE TRUST FUNDS FROM FY06 FUND 187 BUDGET, TO PAVE CATHERINE AVENUE, A LIME ROCK RESIDENTIAL STREET WITHIN THE BA YSHORE GATEWAY TRIANGLE CRA BOUNDARY, AS PART OF FLORIDA HIGHWAY PRODUCTS SOLE SOURCE CONTRACT APPROVED MAY 9, 2006, AND APPROVE ALL NECESSARY BUDGET AMENDMENTS Page 361 ," June 6-7, 2006 Item #16H1 COMMISSIONER HALAS' REQUEST FOR BOARD APPROVAL TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE GULF OF MEXICO ALLIANCE ON JUNE 21,2006 AT THE ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE ENVIRONMENTAL LEARNING CENTER; $30.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET- FROM 5:00 TO 7:00 P.M. Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 362 r- --'-' BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 6, 2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1) April 15, 2006 through April 21, 2006 (2) April 21, 2006 through April 28, 2006 (3) April 29, 2006 through May 5, 2006 B. Districts: (1 ) Immokalee Water & Sewer District: 2005 Public Facilities Report. (2) Port of the Islands Community Improvement District: Agenda of February 24, 2006; Minutes of January 27, 2006; Agenda of January 27, 2006; Minutes of February 24, 2006; Revised Notice of Meetings FY2006. .~~. Big Cypress Basin Board of the South Florida Water Management District: Minutes of February 24, 2006. C. Minutes: (1) The Ochopee Fire Control District Advisory Board: Minutes of April 10, 2006. (3) (2) Coastal Advisory Committee: Minutes of April 13, 2006. (3) Collier County Plannina Commission: Revised Agenda for May 18, 2006. (4) Conservation Collier Land Acquisition Advisory Committee: Minutes of April 1 0, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\060606 Misc Corresp.doc ~"""-r-"_.'-"""~'--^-' (5) Collier County Domestic Animal Services Advisory Committee: Minutes of April 18, 2006. (6) Lelv Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda for May 17, 2006; Minutes of April 20, 2006. (7) Parks and Recreation Advisory Board: Agenda for May 17, 2006; Minutes of May 17, 2006. (8) Pelican Bav Services Division: (a) Clam Bav Subcommittee: Agenda for May 17, 2006; Minutes of April 13, 2006. (9) Collier County Government Productivity Committee: Agenda for March 15, 2006; Minutes of March 15, 2006; Minutes of March 23, 2006. (a) Library Impact Fee Subcommittee: Minutes of March 23, 2006. (b) The Collier County Productivity Sub-Committee on Rules and Procedures: Minutes of November 14, 2005. (c) School Impact Fee Subcommittee: Minutes of April 6, 2006. (d) Transportation Impact Fee Subcommittee: Minutes of April 10, 2006. (10) Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda for June 1, 2006; Minutes of May 4, 2006 H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\060606 Misc Corresp.doc June 6-7, 2006 Item #16J1 (THIS ITEM CONTINUED FROM THE APRIL 11,2006 BCC MEETING). AUTHORIZE THE CLERK'S OFFICE TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 2004-2005 AS REQUIRED BY FLORIDA STATUTE 218.32 - TO THE DEPARTMENT OF FINANCIAL SERVICES Item #16K1 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $80,400.00 FOR THE ACQUISITION OF PARCELS 119, 121, 821 AND 921 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERT J. DERR, ET AL., CASE NO. 03-2196-CA (GOLDEN GATE PARKWAY PROJECT NO. 60027). (FISCAL IMPACT: $47~286.75) Item #17A RESOLUTION 2006-137: PETITION SNR-2005-AR-9467, BY DY LAND ASSOCIATES, LTD., REPRESENTED BY MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING A STREET NAME CHANGE FROM CLEAR MARSH CIRCLE TO A VIAMAR CIRCLE FOR PROPERTY IN FIDDLERS CREEK PHASE 5 UNIT 1 - A VIAMAR, LOCATED WITHIN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST - THE PETITIONER WILL BEAR THE COST OF REPLACING THE STREET SIGN(S) Page 363 June 6-7, 2006 Item #17B RESOLUTION 2006-138: PETITION SNR-2005-AR-9468, BY DY LAND ASSOCIATES, LTD., REPRESENTED BY MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING A STREET NAME CHANGE FROM LAUGHING GULL COURT TO MARENGO COURT FOR PROPERTY IN FIDDLERS CREEK PHASE 5 UNIT 1 - A VIAMAR, LOCATED WITHIN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST - THE PETITIONER WILL BEAR THE COST OF REPLACING THE STREET SIGN(S) Item #17C RESOLUTION 2006-139: PETITION SNR-2005-AR-9469, BY DY LAND ASSOCIATES, LTD., REPRESENTED BY MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING A STREET NAME CHANGE FROM WADING BIRD COURT TO SERENA LANE FOR PROPERTY IN FIDDLERS CREEK PHASE 5 UNIT 1 - A VIA MAR, LOCATED WITHIN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST - THE PETITIONER WILL BEAR THE COST OF REPLACING THE STREET SIGN(S) Item #17D RESOLUTION 2006-140: PETITION SNR-2005-AR-9470, BY DY LAND ASSOCIATES, LTD., REPRESENTED BY MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING A STREET NAME CHANGE FROM SKYLARK COURT TO SERENITY COURT FOR PROPERTY IN FIDDLERS Page 364 June 6-7, 2006 CREEK PHASE 5 UNIT 1 - A VIAMAR, LOCATED WITHIN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST - THE PETITIONER WILL BEAR THE COST OF REPLACING THE STREET SIGN(S) ***** There being no further business for the good of the County, the Regular meeting was adjourned by order of the Chair at 12:09 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~/ FRANK HALAS, CHAIRMAN ATTEST:.~.~tcv.tk DWIGHT E.BROCK'Ahl-s~~ ChliruR , .' ,igoatun (I~ll11 These minutes;appr,9Ved by the Board on {j&r-(6C:O as presented./ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS AND CAROL YN J. FORD, RPR. Page 365