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BCC Minutes 04/17/1996 S (LDC Amendments) SPECIAL MEETING OF APRIL 17, 1996, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, 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 districts as have been created according to law and having conducted business herein, met on this date at 5:05 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: John C. Norris Bettye J. Hatthews Timothy L. Hancock Timothy J. Constantine Pamela S. Hac'Kie ALSO PRESENT: W. Neil Dorrill, County Manager David Weigel, County Attorney Robert J. Hulhere, Planning and Services Technical Manager Harjorie Student, Assistant County Attorney Wayne Arnold, Planning Director Ron Nino, Chief Planner Lt. Paul Kanady, Sargent at Arms, Sheriff's Office Item #3A AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE - SECOND PUBLIC HEARING TO BE HELD 5/8/96 CHAIRMAN NORRIS: Call the meeting to order on Wednesday, April 17, 1996. And Mr. Dotrill, could you lead us in an invocation and pledge to the flag, please. MR. DORRILL: Heavenly Father, we thank you this evening for this opportunity to come together and have the county commission spend time on important community development and land use issues. We would ask as always that you bless our time here together this evening. We pray these things in your Son's holy name. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN NORRIS: Mr. Hulhere, take it away. MR. HULHERE: Thank you. Bob Hulhere, current planning manager. This is the first of two required public hearings on the Land Development Code. The second meeting is scheduled for Hay 8 in this room. These amendments were reviewed by the Collier County Planning Commission on April 4, and the Planning Commission recommended approval as they are submitted to you. There were two separate votes due to the fact that Mr. Davis, a Planning Commission member, recused himself on the sign issues, because he made public comments on those. The balance of the amendments approved seven to one by the Planning Commission. COHMISSIONER HANCOCK: So one person opposed all of them except one? MR. HULHERE: I think that Commissioner -- opposed one aspect of the balance of the amendments, but he chose to vote -- Commissioner Nelson. I just wanted to let you know that these amendments have been submitted to the Development Services Advisory Committee for their review and comment, and they support the amendments. We also submitted to the Environmental Advisory Board -- those amendments that have environmental impacts were submitted to the Environmental Advisory Board, and we have not received any comments from them either in opposition or in favor. So with that I think we can move into the amendments which are on -- begin on page -- agenda page 10. This first group of amendments deals by board direction with -- with requiring a conditional use hearing for boat houses. As Collier County develops -- boat houses were a permitted use by right, but as Collier County develops, we have experienced over the years a number of complaints dealing with view blockage. And as technology has advanced, most people having boat lifts need to have a boat house, or a large boat house seems to be much less than it used to be. And so by board direction, we have created a conditional use for boat houses with specific criteria. COHMISSIONER HANCOCK: Mr. Hulhere, I notice on page 13 -- MR. HULHERE: Yes. COHMISSIONER HANCOCK: -- it states in that paragraph that such appeals shall be filed with the community development environmental services administrator within 30 days of date of action by the Planning Commission. MR. HULHERE: Yes. COMHISSIONER HANCOCK: My only question on that is if someone files an appeal 30 days later, the property owner may have already proceeded with work. And my concern was that that appeal period should be shorter to ensure that we don't end up with some level of work stoppage or reversal, to maybe a seven-day time frame. Can you give me an idea of your thoughts on that? MR. MULHERE: Well, sure. I think, you know -- I hope that anybody that would feel aggrieved -- an adjacent property owner that might feel aggrieved by a boat dock petition that was approved by the Planning Commission would move fairly swiftly, but if -- if we -- that says within 30 days. So nothing would preclude them from doing it quicker. COMHISSIONER HANCOCK: I'd rather -- MR. MULHERE: In other words, what we're saying is if they don't do it within 30 days, then they have lost their opportunity. We have to provide some perimeter of time. COHHISSIONER MATTHEWS: I'd rather it be shorter. COHMISSIONER HANCOCK: Yeah. I'd like to take it shorter, because if you really want to stick it to your neighbor, you wait until 29 days and then appeal. MR. HULHERE: I can appreciate that. COHMISSIONER HANCOCK: And sometimes these are some pretty petty run-ins, so I would like to shorten it to seven days, okay? CHAIRMAN NORRIS: Well, on the other hand, though, you need to balance this with the -- with the -- the ability of an aggrieved party to have sufficient time to generate an appeal. COHMISSIONER HANCOCK: Do I hear 147 I suggested seven. COHMISSIONER MATTHEWS: Why don't we get an opinion from Mr. Weigel as to whether seven days or fourteen days is a reasonable period. CHAIRMAN NORRIS: We don't want to restrict somebody's right to an appeal either. COHMISSIONER MATTHEWS: Right. CHAIRMAN NORRIS: We're trying to grant a right to an appeal, so we really don't want to restrict it unduly. MR. WEIGEL: I think the very discussion you're placing on record shows you have concern with the reasonableness. And I was going to say I think that if you're at seven days or beyond, you're not going to have any problem at all if that's your direction for this ordinance. COHMISSIONER HANCOCK: I -- I feel seven days is probably sufficient, but if, again -- I know this occurs significantly on -- Marco deals with it quite a bit. CHAIRMAN NORRIS: Vanderbilt does, too. COHMISSIONER HANCOCK: And Vanderbilt does, too. I haven't heard from the public on this. It just stood out to me as something that I thought extensive, so seven days, fourteen days. CHAIRMAN NORRIS: Let's get a consensus. I'll say 14. COHMISSIONER MAC'KIE: That's -- that's reasonable. COHMISSIONER MATTHEWS: Fourteen, and if that works a hardship, then, you know, we can address it again. CHAIRMAN NORRIS: We'll amend it next time if it doesn't work out. Let's go to 14, then, that's fine. MR. HULHERE: Okay. On page 14 there's just a couple of diagrams -- just an update that shows a couple of setbacks related to boat docks. And now lots on page 15. Within the Estates district, even conforming lots, the property line extends out to the middle of the right-of-way, but we measure setbacks from the edge of the easement, because it is a right-of-way, although we know that those properties will never -- those roads are not going to be widened. this -- the result of that is that you could have a 150-foot wide lot and end up with a very minimal building area. And so we already provide this exemption for nonconforming corner lots, and we're proposing to extend that to conforming corner lots, and it would -- there would still be a substantial setback at 75 feet. CHAIRMAN NORRIS: Excuse me, Mr. Hulhere. Let me go back to the -- to the section we were on just before. MR. HULHERE: Okay. Page 137 CHAIRMAN NORRIS: No, actually before that. Back in the boat house section here. I'm trying to determine -- we've got -- let's see -- we -- we have -- one of the amendment allows an appeal to zoning appeals for a boat dock -- MR. HULHERE: Correct. CHAIRMAN NORRIS: -- extension. Is that -- MR. HULHERE: That is on page 13 -- CHAIRMAN NORRIS: Okay, now -- MR. HULHERE: -- on the top. That's the one we just changed to 14 days. That allows for an appeal by an adjacent or aggrieved, you know, property owner to come and appeal the decision by the Planning Commission or vice versa. There already is an appeal mechanism in place. If I come in for a boat dock and I'm denied, I can appeal that to the Board of County Commissioners. That already exists, but an aggrieved neighbor did not have an appeal mechanism. CHAIRMAN NORRIS: Okay. So we're just -- we're just leveling the playing field on that one. MR. HULHERE: Right. That's correct. CHAIRMAN NORRIS: But my question is, the Planning Commission now has the final authority on variances? MR. HULHERE: On the boat dock extensions. CHAIRMAN NORRIS: On the boat docks themselves. MR. HULHERE: Extensions. CHAIRMAN NORRIS: Okay. And we're not making an extension of a boat dock a conditional use. MR. HULHERE: No, no. CHAIRMAN NORRIS: But we are making boat houses a conditional use. MR. HULHERE: Correct. CHAIRMAN NORRIS: And therein lies the difference. MR. HULHERE: That's correct. CHAIRMAN NORRIS: So they would come -- MR. HULHERE: To the board. CHAIRMAN NORRIS: -- to the board in any case on that and have a public hearing. MR. HULHERE: That is correct. CHAIRMAN NORRIS: Okay, all right. MR. HULHERE: I'm sorry. I believe there is a gentleman, Mr. Furfey, in the audience. Generally you will determine whether or not anybody wants to speak on a specific issue before we go through all of it. CHAIRMAN NORRIS: I think we -- we have finished our discussion on that particular issue. So if there's anyone that wants to speak on that particular issue, now is your chance. MR. FURFEY: Good evening, Commissioners, Wayne Furfey from Custom Dock. I just have one other issue I want to bring up in -- in conjunction with the boat docks and that is I have had multiple requests lately to put in boat lifts on waterways less than 60 foot wide. Considering the fact that if somebody has a 5-foot dock and a 7 or an 8-foot wide boat, they're extending into the water approximately 13 feet. If we go ahead and put a boat dock -- a boat lift in against the wall and only extend it out 10 or 11 feet, we're actually lessening the impact in the waterway. Currently the guidelines prohibit us from even applying for a dock extension to do this. And my request here is that we would be able to actually apply for that. Obviously we understand they have to be, you know, treated individually. There's no way of even trying to do that at this point in time. MR. MULHERE: That's correct. Anything on a waterway of less than 60 feet in width, you're only permitted 5 feet. There's no -- there is no ability to ask for more in any way, shape, or form. I think what Mr. Furfey is asking for is either through a special exception or through conditional use or through a revision to the boat dock extension. But I would be inclined to say there would be relatively few circumstances where we might support that because of the navigational hazards in such a narrow waterway. There could be some. I -- I don't say that -- COMHISSIONER HANCOCK: Mr. Furfey's point is that if you have a five-foot dock and a boat sitting next to it, you extend out the boat width plus five feet. If you put in a boat lift, you extend out the boat width plus probably less than three feet. MR. FURFEY: Exactly. CHAIRMAN NORRIS: Why don't we do this. Mr. Furfey, if you would like to work with the staff to try to develop some language for our next amendment cycle, would that be acceptable? MR. WILT: Yes, I'd be glad to. COMHISSIONER HANCOCK: That's good. CHAIRMAN NORRIS: Could we do it it that way since we're this far along? COMMISSIONER HANCOCK: That's a really smart move. MR. FURFEY: Thank you, Mr. Norris. CHAIRMAN NORRIS: Thank you. MR. DORRILL: None others I don't believe, Mr. Chairman, on that one. CHAIRMAN NORRIS: Okay. Then go ahead, Mr. Mulhere. MR. MULHERE: The other amendment that we were discussing was the providing an exception for conforming corner lots in the estates, allowing them to provide the full depth setback along the shorter lot line, which would be the lot line which the house is facing, so they would still have a full depth lot line along their frontage -- the street frontage in which the house is facing and a shorter or one half -- up to one half of the required setback along the longer street. This is something that we already provide for nonconforming Estate lots, but the staff is in agreement that there's a significant hardship in terms of providing flexibility to develop these lots if we require that they measure the setback from the inside edge of the easement. I probably wasn't very clear, but if you have any questions, I'll try to answer them. CHAIRMAN NORRIS: Any questions from the board? MR. MULHERE: On the next page is a very minor change also directed by the board. You may recall we had a variance for an individual who had a physically handicapped son who was living in a TTRVC district, and we made a provision for an exception so that they can develop -- so that they can -- they can go ahead and put in the utility room for the bathrooms and be -- to such a size that they will meet the ADA requirements if necessary. COHMISSIONER HANCOCK: The only addition I want to make there is the minimum -- the minimum necessary to accomplish ADA access, because I did see the ability there to expand a portion of it, slap ADA on the side of it -- or slap access on the side of it, and it would qualify. Are we isolating this only to disability access? MR. HULHERE: Yes, we are. And I can just provide pursuant to standards set forth in ADA. COHMISSIONER HANCOCK: That's fine. CHAIRMAN NORRIS: Okay. MR. HULHERE: Next page. This is a change to -- this is one of the changes that have environmental impacts. I have Barb Burgeson here from my staff who authored this change, and I would like to have her give you just a very brief overview of that. CHAIRMAN NORRIS: Mr. Dorrill, are you keeping track of speakers registered on the different items? MR. DORRILL: Yes, sir. I have got one sign and twelve trucks. CHAIRMAN NORRIS: One sign and twelve trucks. Do you have any signs on the trucks? MR. DORRILL: That's illegal. MS. BURGESON: For the record, Barbara Burgeson with current planning. This section was put together by staff in response to probably all of the ST permits that we have brought in front of the board in the past three to five years. The freestanding ST ordinances -- or freestanding ST permits have been on single-family homes where they are in ST property. They are looking for a permit to be able to impact a minimal amount of that wetland area to put their home in there. And we felt that rather than bring these in front of the board each time, that these could go in front of the EAB for final authority with an appeal section and with an exemption section to encourage exotic removal, plant management, and the removal of non-native vegetation. When an ST -- for instance if a PUD comes through with a large area of ST on that, it will still come in front of the board, because it will be reviewed as a PUD that will have to go through the entire process. The board will still see any ST sections incorporated into larger projects. CHAIRMAN NORRIS: I see there's three instances here on page 19 where the term Board of County Commissioners is struck through and Environmental Advisory Board is inserted. MS. BURGESON: Yes. CHAIRMAN NORRIS: Those are the changes? MS. BURGESON: We have changed everywhere that the Board of County Commissioners is stated in here for the final authority on the ST permits -- we have put the EAB for final authority with an appeal within 30 days to the board. CHAIRMAN NORRIS: But isn't the -- by its very nature, and even the name Environmental Advisory Board, advisory in nature and should it have, in fact, final authority on anything? COHMISSIONER HANCOCK: That might be a legal question. CHAIRMAN NORRIS: It might be a policy question is what I'm getting at. COHMISSIONER CONSTANTINE: Well, I concur. I mean, we've gone around a couple of times since I have been on the board and having a discussion of whether or not to eliminate EAB, let alone give them final authority on things. But I think Commissioner Norris is right, and the "A" stands for advisory. COHMISSIONER HAC'KIE: Thank you. COHMISSIONER CONSTANTINE: And in that case we more than welcome their advice, but I don't know if -- MR. HULHERE: We'll be happy to delete that one. CHAIRMAN NORRIS: Well, that's one thing about the Planning Commission, for example, that makes me a little uncomfortable is that -- and that's why we just did the changes here earlier -- is that they were pretty much final authority on boat dock variances. And I felt that even that was not appropriate because they are an appointed, not elected, board. And it just -- in my philosophy, I think the final decision on these matters should be left to an elected board. There's a lot of criticism with appointed boards. The Big Cypress Basin Board and South Florida Water Management get criticism because they're sort of untouchable. MR. HULHERE: Our philosophy was that we were really expediting the process. There was and there still is included in this an appeal to the board. But that was -- that was our premise to try to expedite the process a little bit and not necessarily did we feel that the board had to review all of those. But certainly we will be happy to -- COHMISSIONER HANCOCK: Currently -- currently the process is that you go to the EAB, and you go to the Planning Commission, and then to the board, right, on all of these? MS. BURGESON: Right. COHMISSIONER HANCOCK: So what this says is you go to the EAB and if everything is hunky-dory and everyone likes it, it moves ahead? MR. HULHERE: Right. COHMISSIONER HANCOCK: And is that where the problem exists? You feel that, you know, if you want to expedite the process, you just send it right to the board? CHAIRMAN NORRIS: Well, no. COHMISSIONER HANCOCK: Was this board direction to expedite the process? MR. HULHERE: I recall that there was a question over one of these petitions, and then the question, I think, was why do we see this. COHMISSIONER HANCOCK: Why do we see this. Commissioner Hac'Kie, would you like to jump in here, because I think it was your question? COHMISSIONER HAC'KIE: I'm sure it wasn't. MR. HANCOCK: It wasn't? COHMISSIONER HAC'KIE: No. MR. HULHERE: I certainly don't remember the specific commissioner. CHAIRMAN NORRIS: Boy, that's a great memory. I'm glad you have that. COHMISSIONER CONSTANTINE: It appears we have consensus. CHAIRMAN NORRIS: It appears we have consensus not to make the change. MR. HULHERE: We do have -- on that we do have just one section that we'd like to keep in or get your opinion on and that would be the exemption exception where we are exempting certain types of land use issues. CHAIRMAN NORRIS: Where is that? MS. BURGESON: The exemption section is at the end. CHAIRMAN NORRIS: All right. Okay. MS. BURGESON: On page 21. CHAIRMAN NORRIS: I have no objection with those. MS. BURGESON: That allows for removal and control of exotic vegetation, prescribed firebreaks, and the removal of non-native vegetation. CHAIRMAN NORRIS: Any objection from the board members on that one? COMMISSIONER HANCOCK: No. Leave that delegation of authority there. CHAIRMAN NORRIS: Okay. The board consensus is to leave that one in, Mr. Mulhere. MR. MULHERE: You do want that to go to the Planning Commission? From the EAB to the Planning Commission? CHAIRMAN NORRIS: That's where it goes now. MR. MULHERE: That's where it goes now. We'll leave that one. Okay. Page -- page 22. COMMISSIONER HANCOCK: Question. MR. MULHERE: Yes. COMMISSIONER HANCOCK: I notice this is at the request of, I guess, Art Lee. MR. MULHERE: Yes. COMMISSIONER HANCOCK: Okay. Here is -- my only concern is is there a minimum size -- first of all, what's the approximate cost per acre, and what is the minimum size criteria? So we're not out there, you know -- somebody who happens to be in an archeological zone but is building a shed in the back of their house that doesn't disturb much ends up having to do an archeological survey. I'm looking for some scope on this. MR. MULHERE: Okay. This would only kick in if you were required to get a clearing permit. And in most cases to do something like a shed or that type of structure, you wouldn't have to get a clearing permit. But this came about because there was some -- there was some clearing that was done as a result of vagrants staying on individuals' properties and -- and so those properties -- the underbrush was cleared and they were clearing out all this so that you could see through there so that they could, you know, make sure there weren't any vagrants camping out on property. And I believe one of those properties has some historical and archeological significance. There may have been some mounds or something on them, and the clearing permit was issued. I think there was no damage. It was assessed after the fact. But the clearing permit was issued without a review, so that was our intent. But to answer your question, I did not -- I do not have a specific cost. I can certainly find out for you and bring it back to the next meeting. COMMISSIONER HANCOCK: And the reason I'm concerned is if I live, say, in the Estates, and I want to clear a little bit more than what is required just for my home, that requires a clearing permit. I can then have an archeological survey attached to the cost of building my home. MR. MULHERE: If you're in a -- COMMISSIONER HANCOCK: Yeah. And I just want to know what fiscal impact we're tying to that. MR. HULHERE: Yeah. I can find out an average cost to have an assessment on a per-acre basis. COHMISSIONER CONSTANTINE: I'm opposed. It's just one more government regulation. CHAIRMAN NORRIS: We have one opposed. COHMISSIONER HANCOCK: I'm not going to support it without more information. CHAIRMAN NORRIS: We have one opposed and a sort of opposed. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: I think I would like to leave it out. CHAIRMAN NORRIS: Opposed? COHMISSIONER HAC'KIE: Uh-huh. COHMISSIONER MATTHEWS: I am, too. CHAIRMAN NORRIS: Well, that's at least three opposed, so that's no. COHMISSIONER HANCOCK: In response to Mr. Lee, let's find out more specifics and come back in the next cycle with -- as far as I'm concerned with a specific cost and more application than what's presented here. I'd be willing to consider it, but what's presented here is just too general for me. MR. HULHERE: Okay. On page 23 -- COHMISSIONER MATTHEWS: Can we get some benefit analysis along with that, not just cost but some benefit analysis along with the costs? COHMISSIONER CONSTANTINE: Burden analysis. Seriously, that is cost. MR. HULHERE: The burden to the property owner. COHMISSIONER HANCOCK: Yeah. MR. HULHERE: Page 23 is just a clarification as to where to measure your 16-foot parking spaces from. It's a minor change. On page 24 there's a typical diagram showing a parking layout. You have got a lot of people coming in and doing restriping and reconfiguring parking lots. Because they really don't have any experience, this would help them to design it properly. CHAIRMAN NORRIS: Okay. MR. HULHERE: Division 2.3, off-street parking, is just minor changes to the numbers that were not properly applied during the last cycle. And that goes to page 30 -- 25 to 30. And then we get into -- COHMISSIONER HANCOCK: I'm sorry. Just on that -- not relevant to this particular item, but the next cycle, I am going to provide you with copies of some ordinances from other communities. I thought they used some graphics that were really sharp, so -- MR. HULHERE: Yeah, we'd like to use more graphics. COHMISSIONER HANCOCK: It might be able to clarify some of that, so I will be sending that to your office along with some sign stuff. MR. HULHERE: Thank you. Now, we're into signs. And the first -- let's see, it starts on page 31, but the entire ordinance is struck through all the way to page 51. So the changes begin on agenda page 52. And I just want to let you know a little bit about why we did that. We felt as though the sign ordinance as it existed was a little bit difficult to read. It was a little bit difficult to find where things were located. They were grouped in kind of confusing ways. And so we basically revamped -- not necessarily in all cases -- content, but certainly the location and how we titled sections in there. So we struck through the whole thing. Actually Mr. Badamtchian from my staff worked on this, and he's here if you have any questions -- if you have any questions that may be more specific than I am prepared to answer. COMMISSIONER HANCOCK: I have some recommendations. On page 57 in paragraph 4, we have a 25-foot height on maximum allowable. I would like to see that go to 20 feet. The same number appears on page 59, a 25-foot height under item 4. I would like to see that go to 20 feet. I'm just going to hit on the changes I'm looking at. On page 60 under paragraph -- or I'm sorry Section 2.5.5.2.3.7. CHAIRMAN NORRIS: The last paragraph on the page. COMMISSIONER HANCOCK: Instead of having "Comprehensive sign plans are encouraged within PUD design," I would like to replace that with required. COMMISSIONER MAC'KIE: And if we're going to use the word "encouraged," let's spell it right. COMMISSIONER HANCOCK: Yeah, at least spell it correctly. But the City of Naples requires signage plans. I think they go a little far with what they require, but, you know, putting it in here encouraged, it does absolutely no good. So I would like to see it required so the larger-scale PUDs have a consistent sign plan. MR. MULHERE: I would agree. I attended an APA convention in Orlando this past couple of days, and I attended a session on signs and economic development. It was very informative, and, in fact, they encouraged or suggested that would be the appropriate way to handle the larger PUDs. And we're even looking at other applications for a full-scale design implementation for signs. CHAIRMAN NORRIS: Let me make a suggestion that the language reflect that a sign plan is required if signs are to be utilized, because there may be PUDs that don't have any signs. MR. MULHERE: There would be some residential PUDs where there would be no signs, so we could say within -- within districts containing nonresidential uses. COMMISSIONER HANCOCK: Let's just -- I just like the idea, you know, if signs are going to be utilized, you must have a sign plan. COHMISSIONER MATTHEWS: I have a question. There's an interesting word that I have heard here is larger PUDs. MR. HULHERE: This would -- might all be -- COHMISSIONER MATTHEWS: This applies to all PUDs? MR. HULHERE: As long as they're -- as long as they're going to have some capacity to put signs up. There may not be a requirement for a PUD that simply has single-family homes in it. COHMISSIONER HANCOCK: Or a commercial PUD that has one sign. When you have multiple signs, that a consistent sign plan would be required. Obviously it doesn't apply to -- COHMISSIONER MATTHEWS: No. We have had a couple PUDs come to us and want additional signs, and they -- MR. HULHERE: That's correct, after the fact. COHMISSIONER MATTHEWS: -- asked for a variance to accomplish that, and I believe they have always been turned down. COHMISSIONER HANCOCK: There's one exception. COHMISSIONER MATTHEWS: Is there one exception? COHMISSIONER HANCOCK: Yes. CHAIRMAN NORRIS: Host of them are turned down. COHMISSIONER MATTHEWS: Host of them are, and I'm -- I'm just questioning whether -- whether we should have this apply to all PUDs, because some are very small, and it's -- it's probably not realistic. COHMISSIONER MAC'KIE: Does all of this have to do with signs that comply with code anyway? COHMISSIONER HANCOCK: No, that's not all they're going to do. COHMISSIONER MAC'KIE: No, but what I mean is -- COHMISSIONER HANCOCK: I'm sorry, go ahead. COHMISSIONER MAC'KIE: What I meant was if in a PUD you want to do something other than conform with the existing ordinance, you should have to pay a consultant to come up with a plan. But otherwise if what you're going to do conforms with the code, why should you have to? COHMISSIONER HANCOCK: Yeah, but that -- MR. HULHERE: We can put some language in there that says -- basically it says that they have complied with the existing sign code unless they want something different or more than. COMMISSIONER MAC'KIE: Yeah. MR. MULHERE: In which case we can then require a comprehensive -- COMMISSIONER MAC'KIE: There you go. COMMISSIONER MATTHEWS: I like that. COMMISSIONER MAC'KIE: That's what I support. MR. MULHERE: I understand -- I think -- I think one of the issues is even if they're doing what's in the sign code, I think -- correct me if I'm wrong, but I think what you're getting at is the fact that we don't want a whole bunch of different size, different type signs. We want some thought to go into where they're going to be located, what they're going to look like, what size are they, what color are they. COMMISSIONER HANCOCK: That's exactly it. I want some thought to go into this ahead of time, because these are the community aesthetics that we're stuck with for the next 20 years. COMMISSIONER MAC'KIE: The places we're having these problems just aren't in the PUDs. COMMISSIONER HANCOCK: Not the ones that built last year or the year before, but we don't know what's going to be built in three years, and I'm just -- I think for the longest time we have left aesthetics out of our Land Development Code. MR. MULHERE: It wouldn't be very difficult for a small PUD to adhere to this if they're only going to have a couple signs. It would be very easy to come up with a design. COMMISSIONER HANCOCK: They could sit down and write it up themselves. They don't need to hire someone to do it. I'm just saying if someone is going to have multiple signs within their project, to go to the additional expense, which isn't that great, to create a consistent signage plan within the project that benefits the community. And if they don't think it benefits their project, tough, it does. I just -- I don't want things going awry like when you drive up to south Lee County. Take a look at some of the shopping centers. Look at what's on the front of the stores compared to what's out by the road, and it's inconsistent as all get out. It's ugly. COMMISSIONER MAC'KIE: That's where our code ought to control. Our code ought to be good enough that that can't happen. MR. MULHERE: I think it is. I think it is. COHMISSIONER HAC'KIE: My -- my support is going to be if somebody wants something that would be a variation to the existing code, they have to come up with a plan. If they're complying with code, we need to revise the code if it's not good enough. COHMISSIONER HANCOCK: I'm not going to support that. I think a comprehensive sign plan should be required in a PUD, period. CHAIRMAN NORRIS: Very well, we have a divergence here on this particular issue, so let's poll the board. We have one -- COHMISSIONER CONSTANTINE: Start at the other end. CHAIRMAN NORRIS: Start at the other end, okay. COHMISSIONER MATTHEWS: I don't want it required. CHAIRMAN NORRIS: You don't want it required unless there's a variance? COHMISSIONER MATTHEWS: I -- I -- I want -- if they want to vary from what our sign code says, then get a plan, get a variance, whatever, but I don't want it automatically required just because you're a PUD. COHMISSIONER HANCOCK: I think I'm pretty clear. CHAIRMAN NORRIS: Okay. I'm comfortable with having no plan if they comply with code, but to supply a plan if they want to do anything other than code. COHMISSIONER CONSTANTINE: Do any of our assigned speakers want to address this particular topic? CHAIRMAN NORRIS: We only have one sign speaker. MR. DORRILL: You only have one. COMMISSIONER MAC'KIE: Let's guess. CHAIRMAN NORRIS: Do you have any other issues on the sign ordinance? COMMISSIONER HANCOCK: No. MR. DAVIS: For the record, Mike Davis, vice president of Sign Kraft. Just this one issue, Mr. Chairman? COMMISSIONER HANCOCK: Signs in general would be appropriate, too. MR. DAVIS: Okay. I think there was some more -- MR. MULHERE: I have some additional. MR. DAVIS: Well, maybe I can work my way up to this point. On the reorganization of the ordinance, I think that's been a long time coming and I applaud it. It's a lot easier to find stuff in it now, and Mr. Badamtchian and Mr. Mulhere, I think, did a good job. The other things the -- all the changes that staff has come up with, I'm in full support of. There was, in fact, a public workshop held for the various sign contractors. A lot of these issues, not all, were discussed at that, and -- but I personally am here to speak in favor of them. Commissioner Hancock has brought up two items, the reduction in height from 25 feet to 20. I don't see any adverse effect on the signage needs of the commercial community in Naples. Twenty feet is what Lee County has required for many years. They don't -- they don't go back and make people lower their signs, but at some point in the future when they come in to permit a change to the sign, at that point they require them to lower it to 20 feet, so that works pretty well. And on the requirement for the PUD, it struck me as I was listening to you that maybe the single occupancy parcel PUDs wouldn't be required. That gets to the issue of the small ones. But I'll have to admit -- I don't see any sign people in the audience with guns or anything -- that I would fully support the idea that all PUDs be required to have a uniform sign plan. And the reason I say that is when you look at one like Pelican Bay, for instance, had. They weren't required, but they cared enough to have a uniform sign plan. Now, while they were allowed some signage that wasn't allowed in the code such as off-premise signage for the two hotels, other areas they did things more restrictive than the code. I think if you drive through there today, it looks very nice. So it's -- our code, while it is good I think and it's -- of the seven we work in, I think probably one or two it's the most restrictive -- does a good job. I think when you look at a PUD, be it one like Carillon Shopping Center or even a residential PUD, for us as a community it's in our best interests for it to be a unified sign plan. MR. HANCOCK: Carillon is the one that stirred me because the entrance signs are architecturally connected, but the pole sign for First Union and the sign for Applebee's -- you know, the individual pole signs are not architecturally connected. And I just think it's -- it's better across the board for all those to have a similar theme and presentation. And that's really what kind of spurred me to look at that and say I think this can be done better. MR. DAVIS: I think in the case of PUDs it provides that developer the opportunity to maybe do some things that aren't in the code as demonstrated by the Pelican Bay PUD and those two off-premise signs I mentioned. COMHISSIONER MAC'KIE: But they had opportunity. They have -- they can always do more, and -- and if -- I agree with you that the Carillon doesn't look great, but I just think if that is permitted, would that be permitted under the new and improved code? COMMISSIONER HANCOCK: Yes. Yes, it would. MR. MULHERE: Those are individually-owned parcels, and as long as they have 150 foot of frontage, they're permitted a pole sign. And we don't have any design or architectural standards. We do not have any design or architectural standards in our code. COMHISSIONER MAC'KIE: No unified development, you know, plan? MR. MULHERE: Apparently not. COMHISSIONER HANCOCK: And these are all -- all development now when you do a large-scale commercial PUD, everyone does out-parcels like Arby's, McDonald's, and the banks in there, and there's no required consistency from one out-parcel to the next. That doesn't mean that Arby's and Barnett have to have green signs. It just means that the supporting poles and the structure of the sign has to be consistent with the architecture of the center. And if we don't require that level of planning, the folks that do it on their own are few and far between. And so are we talking about increased regulation, sure, but not all increased regulation is bad. And if it betters the community as a whole, then it's worthwhile. And -- and this is something that I would rather not see -- the same thing as Carillon, which it's not bad, but it's new. COMHISSIONER MAC'KIE: What about commercial PUDs? I mean, I -- I don't see anything -- COMHISSIONER HANCOCK: I'd settle for that as opposed to nothing. MR. DAVIS: I think a lot of the residential PUDs -- Vineyards is a good example. You drive through the community, it looks quite nice. All the signage is uniform. But that developer did a lot of that on their own, because they wanted it to look nice. And we're seeing that more and more, I think, in residential PUDs. COMMISSIONER MAC'KIE: But we have to be careful. Everybody can't afford to live in Vineyards and Pelican Bay, and I don't want to price us out of the market on this. So I'll -- CHAIRMAN NORRIS: Commercial PUDs? COMMISSIONER MAC'KIE: Yes, sir. CHAIRMAN NORRIS: Commercial PUDs? COMMISSIONER HANCOCK: I'll take commercial. COMMISSIONER MATTHEWS: I can do that. CHAIRMAN NORRIS: That's three. I'll make four. Commercial PUDs is fine, then. Required for commercial PUDs. MR. MULHERE: Just a couple of issues. Within the sign code there were a number of opportunities -- there were a number of specific situations where the board asked us to look at putting some flexibility, and I'll remind you of a couple of them. We had the -- the issue of K-Mart coming in and not being able to put more than one sign on the face for the garden center. And we have resolved that issue. And there were some other changes. CHAIRMAN NORRIS: How did we resolve that issue? MR. MULHERE: Well, we allowed them to put a maximum of three signs as long as they have 200 feet frontage to the store front, however, and as the board directed, they could not exceed the maximum of 250 square feet. CHAIRMAN NORRIS: Aggregate. MR. MULHERE: And there were some other circumstances where we have provided, I think, some flexibility and some administrative relief from setbacks and some other things that I believe makes sense. There is one issue, I had proposed a change to the ordinance which would allow existing non -- let me read it to you. This is under the nonconforming section. I had proposed a change that stated that in the case of signs which would be permitted by and conformed to the regulations of this code, except that such signs violate the maximum height, maximum setback from property lines and other similar development standards, the planning services director may approve structural alterations on written request provided the sign is redesigned so as to remove one or more of the conforming aspects of the sign. Now, the reason that I put that in there is there is a significant -- there would be a significant burden on code enforcement if all nonconforming signs regardless of the issues have to be removed immediately. This does -- this is not unlike other -- how we treat other nonconforming structures. As long as they're making them less nonconforming, we allow them to continue to exist. And slowly -- albeit it a little bit more slowly, they do come into compliance. This is how some other communities handle this, and that was my suggestion, a development services advisory committee. And this would only be for signs that could be permitted. That doesn't mean that an illegal sign can stay there. It's only signs that would be permitted under our code except for some development standards that they don't meet. The development services advisory committee prefer we not place that in there, however, the Planning Commission's recommendation is to include that. So I bring that to your attention for consideration. CHAIRMAN NORRIS: We have not officially resolved the issue of the 25-or 20-foot height. We didn't poll the board on that. COMMISSIONER MAC'KIE: Twenty. COMMISSIONER HANCOCK: Twenty. COMMISSIONER MATTHEWS: Twenty. COHMISSIONER CONSTANTINE: Twenty. CHAIRMAN NORRIS: Five twenties. COHMISSIONER HAC'KIE: Let's maybe think of something that I wondered where it is. We had talked did our code need to be revised to avoid -- so that when Wal-mart comes in the future, we can make them do something other than the box Wal-mart. We could make them -- that our development standards would have to be redone. Is that going to be in this cycle or are we going to do that later? The idea being that Wal-mart has other more attractive designs if we could -- if we had our code revised to require it. MR. ARNOLD: For the record, Wayne Arnold with planning services staff. That's the sort of provision that's not contemplated in this set of amendments. That is something that we discussed with you as part of the evaluation and we feel it's important to the comprehensive plan and something we might, if the board endorsed that, develop that over the coming year. COHMISSIONER HANCOCK: I'll take that one step further and ask -- and I would be happy to work with you on this. I know I have talked to some communities that do that, and I think we need to have the ability to ask for more than just the base on some of those -- those -- those projects. COHMISSIONER HAC'KIE: That's two. MR. ARNOLD: I think the issue has been that continuous wall of 200-plus feet, and that's been debated. Mr. Hulhere attended the same conference, and it seems to be the national standard is about a 75-foot run before you have some -- some distinction in the architecture of the building or facade separations. CHAIRMAN NORRIS: Three. I'll go with that. COHMISSIONER MATTHEWS: I'll make four, but my question is if we have the ability to ask, what's -- what's the trade-off to have them do it? We have to be careful in our Land Development Code about trading stuff off, don't we, Mr. Weigel? CHAIRMAN NORRIS: What are we trading? COHMISSIONER MATTHEWS: I don't know. COHMISSIONER HANCOCK: Well, I think we could -- and, again, I don't know the terms that other communities use. It will take a little bit of research. I know APA -- MR. HULHERE: Standards. There are standards. COHMISSIONER HANCOCK: With a couple of phone calls American Planning Association has got communities that have done this, but what we -- what you end up requiring is that the final elevation of their building conform with local, you know, character -- it's rather broad, but what it requires them to do is put some thought into it ahead of time. And it gives you a crack in the door to say, you know, a 200-foot gray box building is not what this community is about. MR. HULHERE: I suspect that Wal-mart has dealt with this issue in many places. COHMISSIONER MAC'KIE: Oh, they have. COHMISSIONER HANCOCK: They have spent -- COHMISSIONER MAC'KIE: You can get something better. COHMISSIONER HANCOCK: They spent hundreds of thousands to conform when asked. MR. HULHERE: We would look at it and come back to you with some specific provisions that they would have to adhere to, and they would -- that would give them some options. CHAIRMAN NORRIS: Okay. COHHISSIONER MATTHEWS: Sounds good. COHHISSIONER CONSTANTINE: You can take it to whatever extreme you want. The Freeport HcDonald's looks like a hundred-year-old colonial house, because they won't allow the standard HcDonald's. COHMISSIONER HANCOCK: The sign in Vermont for HcDonald's is six feet tall with brick on both sides, and it's wooden. And I'm not saying we go to that extreme -- COHMISSIONER CONSTANTINE: Somewhere in between. COHMISSIONER HANCOCK: -- but if we at least get somewhere in there. COHMISSIONER MAC'KIE: We might see this coming in -- in how many months? CHAIRMAN NORRIS: Next cycle. MR. HULHERE: The next cycle begins in July. Here, I think, generally it gets to you I think in October. MR. DORRILL: Jim and I have two quick questions if the board is finished. CHAIRMAN NORRIS: Okay. MR. DORRILL: Mr. Hulhere, I need a little help on two issues. One of the things I had talked to Mr. Cautero about was the two areas of complaints that we get in our office. First is what I call defacto signs. That's where someone is conspicuously parking a truck or a vehicle or a trailer adjacent to the curb or the road that says, "Eat lunch here" '- CHAIRMAN NORRIS: Truly Nolen. MR. DORRILL: -- or those types of things. Have we incorporated any provisions in here that would otherwise prevent conspicuous parking of vehicles or trailers or boats that are otherwise drawing attention to the commercial establishment? MR. HULHERE: Yes, in a couple of ways. Starting on page 67 under prohibited signs 2.5.7.7 which is about midway down, it says, "Signs located upon, within, or otherwise encroaching upon county or public right-of-way." That's encroaching. I understand you're talking about within a parking lot, not necessarily encroaching, but that also s addressed. And I have to find it. MR. DORRILL: Then Mr. Cautero said within Citrus County -- MR. HULHERE: Here it s. MR. DORRILL: -- they won't let them be within 20 feet of the right-of-way or something. MR. HULHERE: On the top of page 218, let's see, adjacent -- obtain the permit required. I know it's in here, because I did see it. MR. DORRILL: That satisfies me. The other area that we do get some complaints on in our office are off-site directional signs that the public refers to as mini billboards. And the most notorious one is the one that's from time to time at the corner of Goodlette-Frank Road and Pine Ridge. It's advertising the Villages of Monterey that are probably two miles away, but they would otherwise appear to meet the requirements of off-site directional signs. We do get complaints in our office. I know the other one that's fairly notorious is The Olde Florida Golf Club, and that one is usually illegal, because it's in the right-of-way, but it's on 951, but there's like a sign that says -- points this way, and I just wonder what the overall -- because that's something that was added in our last cycle, maybe the one before that. We -- we get a fair number of complaints on off-site directional signs. And I'm wondering what the overall rationale for those are. They seem to be growing, and we've gotten some calls. MR. HULHERE: They're permitted. You have to be located not -- you have to be not visible from the arterial or collector, and then you are permitted only two in opposing directions, and they have to be, I believe, within a thousand feet -- within a thousand feet. It seems that that one may be an illegal sign. We'll look into that. Maximum 32 square feet. MR. DORRILL: Am I correct, though, in that that's something that's fairly new? And if so, what was the original rationale for having off-site directional signs? MR. HULHERE: I don't know when it was placed into the code offhand, but the rationale was that certain uses are not visible or easy -- MR. DORRILL: Maybe I can get some help from Mr. Davis, then, because we do get a fair number of complaints about off-site directional signs and the appropriateness of those within the current code. MR. DAVIS: Once again, Mike Davis for the record. Mr. Dotrill, about two or three cycles ago that came up. I know there was a heated debate about the Crossings. And at that time, it's my recollection that if the prior -- it had been in the code for a long, long time, I think back to the '84 ordinance. But at that point in time it was changed to where they could not be double-faced. They could only be single-faced, which reduced them in number, and there was a change in the square footage, I believe, to six square feet. MR. HULHERE: Right now it reads 12 square feet. MR. DAVIS: Well, it used to be six. It was increased to 12 at that cycle. MR. DORRILL: Are these things common in most sign ordinances? MR. DAVID: Yes, sir. MR. HULHERE: Public safety is the premise. They wouldn't otherwise be able to find it and they would be looking for it. We can certainly -- I would suggest maybe monitor how many requests we're getting, and if there is proliferation, I think it's something we'll want to look into. MR. DORRILL: Those are the only two questions I have. CHAIRMAN NORRIS: Mr. Hulhere, see if you can help me out on this, on 68 the third one down 2.5.7.16. MR. HULHERE: Yes. CHAIRMAN NORRIS: Would that help us with the -- the vehicle-type signs? MR. HULHERE: On the bottom of that page, 2.5.7.25, signs mounted on the top of a vehicle be it on the roof, hood, truck, bed and so on, intended to attract or may distract the attention of motorists, and then it says whether the vehicle is parked, driven, and it excludes emergency vehicles, taxicabs and delivery vehicles where the roof sign does not exceed two square feet. CHAIRMAN NORRIS: This says -- that says on the top of the vehicle, and a lot of times it's on the side of the truck or something, side of a van. MR. HULHERE: Right. There is another section, and I'll have to find it. CHAIRMAN NORRIS: And there's another section at the top of the next page, second one in, point 27, which says any sign -- any sign that advertises or publicizes an activity not conducted on the premises. MR. HULHERE: Except as otherwise permitted. COHMISSIONER CONSTANTINE: What was the other one you referred to? CHAIRMAN NORRIS: This one, 16. MR. DORRILL: Would that also cover trailers? The most recent one I have seen was a boat trailer that had a piece of plywood that was latched to the boat trailer and it was parked adjacent to the sidewalk. It's otherwise advertising a business that's within a strip commercial center. CHAIRMAN NORRIS: Yeah, well, number 16 will take care of that, because it's any sign located adjacent to a county right-of-way that hasn't been permitted. So that would take care of that one immediately. COHMISSIONER HANCOCK: Are you talking about the Pacer down on Davis Boulevard that's never moved since I have lived here that has a restaurant on it? COHMISSIONER CONSTANTINE: I don't know. I would strike 16. CHAIRMAN NORRIS: Strike it completely? COHMISSIONER CONSTANTINE: Yeah. CHAIRMAN NORRIS: No, never, never. COHMISSIONER HANCOCK: The point being? CHAIRMAN NORRIS: Why would you strike it? COHMISSIONER CONSTANTINE: I don't like it. MR. HULHERE: On section 2.5.7.25 at the bottom of 68, we would change that language to say on top or on -- mounted on a vehicle. COHMISSIONER MATTHEWS: On top? MR. HULHERE: Just mounted on a vehicle. CHAIRMAN NORRIS: Take off the top? MR. HULHERE: Right. CHAIRMAN NORRIS: Okay. Anything else on the sign? MR. HULHERE: That, I believe, is it. The only issue, again, as I brought up is the issue of the existing nonconforming signs that could be permitted. COHMISSIONER CONSTANTINE: Mr. Hulhere, I need a little clarification on 17. MR. HULHERE: Sixteen? COHMISSIONER CONSTANTINE: No, 17. Sixteen I already think we should strike. MR. HULHERE: Prohibited. COHMISSIONER CONSTANTINE: Whatever form. MR. HULHERE: It's missing something. I'll check on that for you. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, and on and on, so we'll check on that. COHMISSIONER MAC'KIE: Is sexual excitement a legally definable term, Mr. Weigel? MR. HULHERE: It's based on the sexually-oriented business. COHMISSIONER HANCOCK: Why do I feel like we're going to break into -- MR. HULHERE: Actually, it -- it refers to the section right underneath it which should be a subsection, and we will correct that. It should be 2.5.7.17, one, and that it is patently offensive to contemporary standards in the adult community as a whole and so on and so forth. COMMISSIONER HANCOCK: I like it, but don't ever ask me to enforce it. That would be a long discussion. COMMISSIONER CONSTANTINE: There wouldn't be a picture of patent leather shoes. COMMISSIONER MATTHEWS: Item 17, there's a continuation? MR. MULHERE: That would be 17.1, correct. MR. DORRILL: No other speakers. MR. DAVIS: Mr. Chairman, if I might, just one more comment on -- Mr. Mulhere brought up the idea of the nonconforming -- legal nonconforming signs -- that I would just support the idea that if -- if a particular business owner over a period of time due to road widening and changes in the code finds himself with a freestanding sign that for three reasons is nonconforming, while it will take a period of time as sign changes are permitted, as the reduction in height occurs would which pick up over a period of time the thoughts you all had today about dropping it from 25 to 20, and eventually we get where we want to go, but it's not as onerous to the business owner. CHAIRMAN NORRIS: Thank you. COMMISSIONER MATTHEWS: And I have a question on 16. What is that supposed to accomplish? MR. MULHERE: 2.5.7.167 COMMISSIONER MATTHEWS: Yes, sir. I mean, we're already saying it is illegal to have signs in -- adjacent to the right-of-way in the unincorporated area of the county if you don't have a permit, isn't it? And this is merely clarifying that it's illegal, and we're going to take it down? COMMISSIONER HANCOCK: It does appear redundant. CHAIRMAN NORRIS: I think if you look at the bottom -- or the last sentence in there that it also reinforces the travelling signs. MR. MULHERE: I believe it was placed in there at the request -- originally placed in there at the request of code enforcement to clarify the vehicles that are parked either adjacent to the right-of-way or the tent signs or any of those signs that are placed in the right-of-way. But you're correct, they're already -- they are prohibited and elsewhere described in the code especially if they're not permitted. I think it's just -- COMHISSIONER HANCOCK: If I have lettering on my Pacer and you cite me, do you have a problem pointing to a place in the code and saying this is where it says it's not legal and it's clear? MR. MULHERE: Well, that would not necessarily be illegal, but like you said, it was a hypothetical -- COMHISSIONER HANCOCK: It's been there for six months and never moved. MR. MULHERE: Oh, out by the right-of-way, yes. COMMISSIONER HANCOCK: Is that this section? MR. MULHERE: Yes. CHAIRMAN NORRIS: Well, then leave it in. COMMISSIONER HANCOCK: That's two votes to leave it in. COMHISSIONER MATTHEWS: I'm just confused. Is it legal to leave a vehicle parked adjacent to the right-of-way for any period of time? MR. MULHERE: Sure, as long as it doesn't have -- as long as it's not being used for the purpose of attracting the motoring public to your business or, you know, as a sign. If that's -- if that's what you're doing -- I have seen tent signs placed in the back of pickup trucks, placed next to the right-of-way. Or I have seen a disabled truck parked with big painting on the side of the step van, left there for six months, never moved. That is what this is intended to get to. COHMISSIONER MATTHEWS: And it's legal to leave the vehicle sit for six months? MR. HULHERE: It would otherwise be legal as long as it had -- as long as it had a license plate and -- COHMISSIONER MAC'KIE: It's on private property and -- MR. HULHERE: Unlicensed vehicles are not legal, but, yes, a licensed vehicle, you can leave it there as long as you maintain it. COHMISSIONER CONSTANTINE: But with 16 you can't? MR. HULHERE: You can still do it as long as it's not a sign. COHMISSIONER MAC'KIE: Sign. I like leaving 16 in, so I think that's three. CHAIRMAN NORRIS: That's three. MR. DORRILL: Mr. Perkins did ask to speak. MR. PERKINS: Good afternoon, A1 Perkins, Belle-Heade Groups Citizens for Constitutional Property Rights. Property rights. Constitution. Signs. Signs on the sides of the vehicles such as the Collier County transportation, and the Collier County churches, and all the rest of them. Now, there's a point here someplace that these advertisements on the signs, you can't have it both ways. Now, if you're going to take and force all people to remove signs on the side of their vehicles, then you're going to have to remove all the signs, not just some. COHMISSIONER CONSTANTINE: It doesn't say we can do that. MR. HULHERE: Those are not prohibited. You can have a sign on the side of your vehicle. CHAIRMAN NORRIS: You can have a sign on your truck that says Big Al's Plumbing. You can do that. You can't have a sign on there that says "Eat at Joe's." MR. PERKINS: What about Office Depot? Because I see a box van very frequently. MR. HULHERE: Perfectly legal. MR. PERKINS: Okay. No problem with that. COHMISSIONER CONSTANTINE: I just can't have a box van in my driveway. MR. PERKINS: There's nothing wrong with that. As long as you're not spending my money. You do it yourself. Okay, signs on the corners, okay. Are you ready for this one? Hang on. We're coming up to election, and I can see Don Hunter signs on my stinkin' corner every doggone time I turn around. Now, along with that, every one of the candidates nail up a sign, stick it in the ground, and on every corner throughout this town and every post, every telegraph pole has one. Now, where do we go with that? COHMISSIONER HANCOCK: Have you ever heard of the fox watching the chicken coop? MS. STUDENT: If I can address that, there is case law that political and noncommercial speech can't be regulated like you can commercial speech. And when you separate it out and, you know, start having content based, you start running a failed first amendment. That's why. MR. PERKINS: Okay, I'll buy the first amendment, you know that. The only thing is if you're attracting and you get somebody to watching something when they shouldn't -- now, I'm thinking about traffic in the morning. I'm thinking about school buses and kids, and people looking at signs or whatever's going on. COMMISSIONER CONSTANTINE: We are limiting the number anybody can have in any one location. MR. DORRILL: There's an entire section, and I would be happy to give you mine. MR. PERKINS: So you're up to speed on that. Yard sale signs same thing? MR. DORRILL: Same thing. MR. PERKINS: Okay, thank you. COMMISSIONER MATTHEWS: We did that the last time. MR. DORRILL: That's all, Mr. Chairman. CHAIRMAN NORRIS: Shall we move along, then? Mr. Mulhere, next section, please. MR. MULHERE: Okay. I just want to mention that we added on page 75 a definition pursuant to the attorney's office for noncommercial flags. MS. STUDENT: I just want to address that. Recently there was a case -- it wasn't in effect when we drafted that opinion -- out of the City of Clearwater that federal court struck down a provision in the City of Clearwater ordinance that identified flags as governmental flags or county, country, state or local flags, and that's why that's in there to attempt to meet the requirements from the case law. COMMISSIONER HANCOCK: So the Green Bay Packer flag would be legal now? MS. STUDENT: Depending upon the intent. If the intent was because you were a Green Bay Packer fan, yes. If it's -- you know, has a commercial intent to it, then maybe not. COMMISSIONER CONSTANTINE: The Green Bay paraphernalia shop, you can't have it in there. COMMISSIONER HANCOCK: Just kidding. Didn't mean to cause a discussion. MR. DORRILL: Keep us going, Bob. MR. MULHERE: Page 76, temporary use permits for model homes. The code used to require that they submit an application to extend that prior to the expiration, and we found that they weren't even finding out. Often times they weren't coming in, so we wanted to give them some time period to get that process going. So now we're suggesting it be made within 30 days of the expiration which is consistent with how we handle other types of expirations. CHAIRMAN NORRIS: The language says within 30 days. I would assume that they mean forward or backward? MR. MULHERE: That's correct. CHAIRMAN NORRIS: Okay. MR. MULHERE: Page 77 is, I think, what there's an awful lot of people here to speak to and that is some amendments to the section 2.6.7.3 which is parking of commercial vehicles or commercial equipment in a residential area. Linda Sullivan from code enforcement is here to speak to this issue. CHAIRMAN NORRIS: Let's have her do it. MS. SULLIVAN: I'm Linda Sullivan, code enforcement director, and I simply am at a loss as to where to start here, but I will try. This proposal came about because I more or less inherited an enforcement problem. That is the -- shortly after I got here, we realized that the commercial vehicle ordinance as written was not being enforced as written. I think the problem came in with the interpretation that there is -- it says now that you can have passenger -- automobiles, passenger vans, and pickup trucks with the weight load capacity of under one ton. I believe that it was being enforced to have the one-ton limit apply to all those vehicles. As a result, what's been done for the last few years is people are being told if you have a vehicle over one ton, it's got to go. If it's under one ton, it can stay. The provision of the ordinance that has to do with box vans and step vans was being completely ignored. So you could have anything depending on the weight. When we discovered that this was not correct, I brought it to my staff, and I said we're going to have to, you know, start enforcing this ordinance as written. I was quickly told that it would have a very large impact on certain communities who were told a month ago or a year ago your vehicle is okay, now get rid of it. So rather than go out without any warning to the public, I thought that as a courtesy that the public should at least be told that the enforcement policy was going to be changed. So I got together the members of Golden Gate, Naples Park, The Manor, the sheriff's office, Commissioner Constantine and people who I thought would be most affected by this. And what came out of the meeting was, yes, it is very difficult to define a passenger van. And I even called the manufacturers and asked them if they had a definition. And they said, no, they didn't have a definition. What is a box van? What is a cubed van? Nobody could tell us. So we checked around other jurisdictions and found out that a size and weight limit seems to work, because the size limit will automatically eliminate things like box vans, flat-bed trucks, that kind of thing. So that's where we are. The other problem was with commercial equipment. The way the ordinance reads now it is -- it can be argued that if something is hooked to a vehicle it's legal, and if it's parked on its own it's illegal, because the ordinance reads commercial equipment, things like earth-moving machinery, contractors' equipment, you know, what is that? We didn't know what that was. So the whole purpose of changing this ordinance was not only to make it easier for our people to enforce it equally and not have to make judgment calls on each vehicle, but to allow the public to know and have a chance to speak before the enforcement policy was changed and to know what would be legal and what wouldn't be legal. The -- the -- I will have some pictures here that might explain it better that were taken this week. COHMISSIONER HANCOCK: In case anyone is here on the pickup truck ban, that's not a part of this. COHMISSIONER CONSTANTINE: That's 45 miles north. COHMISSIONER HANCOCK: Yeah. MS. SULLIVAN: Okay. These were pictures which you could look at and right away you can tell these are commercial vehicles or commercial equipment. But if you really look at the ordinance the way it's written, you can argue that these are not. All of these vehicles that you're looking at would be illegal under the new ordinance. It would just be easier to define. I have had some concerns lately that we had either not fully considered or hadn't thought of, one of which is I'm informed by some of the communities that there is a creature called the Ford 350 which is an extended-cab pickup. It is 21 feet and 6 inches. Apparently a lot of people have these, and I have suggested that it be changed if the measurement requirements are adopted to 21 feet 6 inches. The other question that's come up is what to do about emergency vehicles. And it was our intent that emergency vehicles which served the general public would be exempted from this. For example, the sheriff's vehicles, the county vehicles who are on-call to address sewer and water problems, but it would not include things like tow trucks which are private and generally don't benefit the public, only one or two people. Things like Florida Power and Light especially during an emergency would be allowed because, you know, when people's power go out, they want their power put back on. The other two things I would tell you is that this ordinance would exclude the Estates and any agriculturally-zoned areas. So now I'll answer any questions. CHAIRMAN NORRIS: Go ahead. COMMISSIONER CONSTANTINE: First, let me thank you. I realize you have taken some personal hits on this, and those are inappropriate at best. Whether you agree or disagree with where we have arrived at here, I think you're just trying to solve a problem as you see it exists. MS. SULLIVAN: Thank you. That's correct. COMMISSIONER CONSTANTINE: I have read through your memo, and I understand your frustration on how the process has gone. I also appreciate Commissioner Hancock's comments that we're not dealing with a Cape Coral type issue here. If somebody parks a box van for Cynthia's Party World next door, then I have got to have a way to enforce not having that there any more. And I think that's all we're trying to do. My concern is -- and I have expressed this to, again, and a couple of others who have worked on this issue -- I have gone back and kind of tried to rework this in my head and rework this in my head. I have a discomfort level, though, with the proposed change, not the intent, but with the proposed change. I have handed each of the board members a memo from our county attorney's office and I have highlighted part of it. And it says, "Only the following commercial vehicles are permitted to be parked in residential zoning districts in accordance with the appropriate subsection. They include automobiles, passenger-type vans and pickup trucks having a rated load capacity of one ton or less." It's my opinion that the weighted load capacity of one ton or less applies only to the pickup truck situation. And I agree and I think that gets part of our answer when we're dealing with one ton. If we keep the same ordinance, then maybe we need to play with the English and make sure that one ton only addresses the pickup portion. But I think you could change a sentence there and do that. But if our own attorney has said the one ton situation only deals with the pickup situation, that should correct the concern with vans or automobiles. The other is -- I look at each of those photos and my hope is -- I don't know how any of these could be construed to be passenger vehicles, under the existing ordinance or not. MS. SULLIVAN: My pictures of the passenger vans didn't get here. What we're talking about are very large service vans which people will go and put more seats into to avoid the ordinance. That's the problem with those. They're modified. COHMISSIONER CONSTANTINE: I guess if they're going to put seats in every night when they come home, then they're going to beat this thing one way or another. MS. SULLIVAN: Well, they put two seats in where they normally have one seat, and then it becomes a passenger van according to the manufacturer or the people we talked to. COHMISSIONER CONSTANTINE: And I wonder if the FTA, the Federal Transportation Administration, may have some better definition than what the manufacturers have. MS. SULLIVAN: They don't have any better definition. In fact, they have a different load capacity and different things than the manufacturers. Usually what you go on is what it says on your title or whatever that thing is as to what size your truck is or what the weight limit is of your truck. COHMISSIONER CONSTANTINE: I guess it just to me -- and Greg or some of the other investigators may be able to help me with this -- but to me if I go out and it's Al's Plumbing Service and I look in the back and, yeah, there's an extra seat but there are a number of fixtures to go and do my work, then clearly it's being used for work and not for plumbing (sic). It doesn't seem like that hard of a burden. And when we have our code enforcement hearings, witnesses are all under oath and are subject to penalties -- at least they were when I was on the Code Enforcement Board -- and you can ask the people what they do, what their daily exercise is with that vehicle, and it seems like there is a mechanism to get to that other than this. My real worry is as we get to the description -- you know, I tried to draw a picture of what a 7-1/2-foot tall, 7-foot wide, 21-foot long vehicle looks like, and that's not the vehicle that I want to see in my next door neighbor's driveway. Now, if somebody has the Ford F-350 and -- as a matter of fact, the man that lived next door to Janet when she was in her villa had one of those, and I know exactly, it's just a good-looking pickup. But that is clearly a passenger type, everyday vehicle that he drove as opposed to -- I can picture -- I don't know what happened to those pictures, but I don't know if any of those fall into the 7/1/2-foot category, but I can picture a pretty darn big vehicle. At 7-1/2 feet or 7 feet 5 inches and 21 feet 5 inches long, so it complies, but it's clearly not a vehicle for somebody's personal life. MS. SULLIVAN: Actually, I'll let Greg tell you, because he went out and measured a lot of vehicles, and I thought it sounded extensive, too, but it really isn't when you look at one that size. MR. OSSORIO: For the record, my name is Hike Ossorio with Collier County code enforcement. I actually work in Golden Gate City. I went out and we measured 100, 125 different kinds of vans, step vans, box vans, commercial vans, and the problem we come across is the citation process. What do you write down for a citation? And you go to somebody's door and knock on the door and say you have a commercial vehicle in your driveway, and he says I use that to go to the grocery store, or I take my kids to work (sic) in it, and I use it for my commercial business. But at home I use it for primary residence. And what we're trying to do is trying to clarify what is commercial. So if it's 7-1/2 feet high, length and width and all those kind of aspects, it makes it a lot easier on me to go ahead with the public and do it that way. Right now when I cite someone for CEB, we usually write date of witness, commercial vehicle over one ton. And there can be exceptions. You can have your commercial vehicle on your property if you're doing construction. There's certain other aspects of that as well. Or if it's over one ton, it would be in violation. And that's what we need defined. COMHISSIONER CONSTANTINE: Like I look at this Ford F-150, Dell's Lawn Care on here, and it says 7 feet 9 inches in height. He has a screen on the back where he throws all his clippings and such it looks like. So if that screen were 3 inches shorter, he'd be allowed. What bothers me here is this says under one -- currently under one ton allowed now. And according to our county attorney's memorandum of August 25, 1995, it is not allowed now. And just, again, going to your memo -- this multi-paged memo, you conclude by saying, "My job as I see it is simply to enforce whatever ordinance or ordinances are adopted by the Board of Commissioners." And we have an ordinance that's been adopted by the board, and we have opinion from the County Attorney's Office telling us that a) it's legal, b) it can be enforced, and yet we're told this is legal under the current. I don't understand. MS. SULLIVAN: If you will look at the definition of commercial equipment, we added "including but not limited to" just to catch that kind of vehicle, with the thing on the back of this, because people were saying the way it reads it has to be like an earth mover or something. This is attached to my vehicle. This is not commercial equipment. This may be a commercial vehicle, but it still fits the definition of the code, it's legal. That's why we added that on there. COMHISSIONER CONSTANTINE: My point is the writing on this picture indicates that it is currently legal. MS. SULLIVAN: Arguably legal. COMMISSIONER CONSTANTINE: Arguably I am sure by the owner of the vehicle, but according to our county attorney with this memo, it's not legal under the current ordinance. So what I'm saying is we have an ordinance that was backed by the board, we have an opinion from the attorney that says it is enforceable, and if that's the case, I'm not sure why we want to change it. I understand the intent of what you're trying to do is let's make it as enforceable as possible, but if our county attorney is saying we can do that under the existing code, my concern -- and, again, I know it's not your intent -- but my concern is if by having 21-1/2 feet long and 7 feet high and all that, that suddenly there are loopholes to fly through that currently aren't allowed. And I understand you're saying arguably, but that's what the Code Enforcement Board or ultimately a court of law is for. And that's their job to hear both sides of the argument. MS. SULLIVAN: We're just thinking it makes it more clear but, again, I don't have any problem enforcing the ordinance as it's written. At some point I will have to get some definitions on a passenger van, box van, cubed van, all that kind of thing. That's the first thing I did was look them up and I couldn't find any. CHAIRMAN NORRIS: I would like to make an observation here if I might. I think we're focussing in on trying to craft an ordinance with -- with one element in it and element being size, when clearly size alone is not the only element that we're going to be addressing here. Because you could have a small pickup with a plumbing bed on it and all sorts of plumbing equipment hanging all over it, and that's obviously a commercial vehicle, but it would fit within the size requirement so -- MS. SULLIVAN: Well, it wouldn't fit -- CHAIRMAN NORRIS: I'm sorry to talk while you were interrupting, but I wasn't quite finished. MS. SULLIVAN: I'm sorry. CHAIRMAN NORRIS: Go ahead. MS. SULLIVAN: I think the new definition of commercial equipment makes it clear that whether -- even if it is attached to the truck, then it's illegal. So that would catch the situation you're talking about. CHAIRMAN NORRIS: Uh-huh. Well -- COHMISSIONER CONSTANTINE: My thought is just that I'm not sure it's broken. I think everybody is trying to do the same thing here. We don't want to make it -- we're not trying to make it more difficult for anybody that has an existing business, but we don't want to make it less stringent either. That's not the intent, but I'm convinced that the existing code can be enforced to solve the problems that we have had. He and several folks from Golden Gate that came forward on this in the first place when -- actually pre-you, when Bill was having trouble and was concerned about enforcing this. CHAIRMAN NORRIS: Let me ask this question then. Let's get an attorney ruling on what exactly this new change says. If you look under definitions 6.3 commercial vehicles, any vehicle used in conjunction with a commercial or business activity including but not limited to, it says, and then at the end of that it -- it then specifies the dimensions. Does that phrase, "but not limited to" include the size limitations? In other words, a commercial vehicle wouldn't necessarily -- if it -- if it fell within the size limitations, if it was smaller than the size limitations, the conditions are then not limited to only the size conditions but just the fact that it is a commercial vehicle which would be open to interpretation. COHMISSIONER HANCOCK: Again, which is what we're trying to avoid in the first place. So if it's over 7-1/2 feet, it automatically gets excluded. But if it's not we're back in the interpretive position that you were trying to avoid. Is that -- is that where we're heading? CHAIRMAN NORRIS: Well, that's what I'm asking. MR. WEIGEL: The answer is yes. COHMISSIONER HANCOCK: That a boy, Dave. MR. WEIGEL: If I may, I would like to make an additional comment to what has been offered here and that is the commercial equipment amendment to the definition of commercial equipment probably is of assistance and I don't think creates any problem whatsoever in the interpretation of the rest of the ordinance as it's currently in effect or any other change that you may have. In regard to -- I would say turning to the next page -- to the top of the next page, section 2.6.7.3.1, Ms. Sullivan talked a bit about vehicles on the premises for construction, services, and things of that nature. I would suggest that paragraph one of that section I cited read, "If the vehicle is engaged in a construction or service operation." I think that's a non-secular there that can be corrected so that not only construction vehicles that are on premises for particular reasons but service vehicles such as moving vans that are there and in the operation of providing a service are clearly there, and that would be a clarification to the ordinance. COHMISSIONER HANCOCK: I fully appreciate what you're trying to do. When you say you go to someone's door and you say, "That's a commercial vehicle." And they say, "No, it's not." And you cite it anyway, you know, there's -- all of a sudden the discussion ensues and so forth, but this comes down to me to contemplating a way to employ common sense. You have to try to employ it every day, yet you don't feel you have the code that backs it up. That's a tough thing to try and fix. But I have one turn that seems to put this thing in perspective for me and that is a vehicle obviously modified for commercial purposes. And that's what we're talking about. And I know that the county attorney made -- that may drive him crazy, but that seems to be the purpose. If it's obvious that it's been modified for commercial purposes, you know, is there anything that -- that would not be clear about -- to the layman? CHAIRMAN NORRIS: Yes. MR. WEIGEL: Well, again, I think you need to look to the ordinance as a whole, because it's not just size that we're dealing with, and it's not just commercial that we're dealing with, but it's an interrelation of both. Because you have a commercial vehicle of whatever size, but if it fits in the garage or is shielded by vegetation in the back, it can continue to exist in the residential neighborhood. So you can lose maybe what the importance of the ordinance is tending toward by concentrating on just one issue of size or the fact that there's commercial lettering. Pickup trucks which are one ton or less can have all the lettering on them they can want, but they can reside in the neighborhood, one, because they are specifically exempted in subsection number four there, but also probably they could be garaged, too. CHAIRMAN NORRIS: Why don't we go to the public speakers. Maybe we will get a couple of insights. Unless Mr. Cautero has something to add right quickly. MR. CAUTERO: It can wait. MR. DORRILL: Mr. Ross (sic), Bill Ross. Then Mr. Mohrbacher, you will be next. I would like to have you stand by in the interest of time, please. CHAIRMAN NORRIS: For the purposes of those who -- or for the information of those who may be speaking for the first time in front of the commissioners, we normally allow five minutes. And if someone else has already made your point, we would also ask that perhaps you wouldn't be redundant in making your points. Please go ahead. MR. ROSE: For the record my name is Bill Rose. I live at 2111 41st Terrace, S.W. in Golden Gate. I applaud the staff in their efforts to bring some light to this. I am not one for wanting more government and more regulations, but in our area in Golden Gate, the city part has gotten well out of hand with commercial vehicles and these things, and we'd like to see some sort of regulation put on them. Golden Gate is not going to turn around. It didn't get there overnight; it's not going to get changed overnight. So we have to work with it. These box vans, the box trucks, cubed trucks and things of that nature, I spoke with our code enforcement about one that was on our street. It was parked in the driveway and was I informed that that truck was legal under the current ordinance. The truck was not being moved. It was used as a storage facility for a gentleman to operate his business out of his house. He's in the construction business, parked the truck, backed it in there, and it was used. And I wrote it up as one of the code enforcement people out there. We couldn't do anything about it, because it was an arguable point that it was not a commercial vehicle, because it fit the definition of one ton or under. So that was clearly a violation, but we couldn't do anything about it. COHMISSIONER CONSTANTINE: Bill, I am going to interrupt you there. It seems to me that's a problem on our end. If we're not taking somebody to the Code Enforcement Board, that's a mistake we're making. The guy can argue that, but he should do that in front of the Code Enforcement Board. COHMISSIONER HAC'KIE: Exactly. COHMISSIONER CONSTANTINE: And I've got to think that if you have got seven common sense-oriented people as we have on our Code Enforcement Board, they're going to say, sorry, Bob, you're full of mud, and that's not accurate, and it is being used in such and such a way, and you're in violation. So if we haven't taken it to the Code Enforcement Board, then we are in error. But to just say, well, there's an argument there so we're not going to do it, then, yes, it's the county's fault. But I don't think the changing in wording is the thing that's necessarily going to achieve that. I think by us actually following the existing code and taking it to Code Enforcement Board, we can achieve the same thing. MR. ROSE: Well, that's what makes a horse race, Mr. Commissioner, is difference of opinions. But it's clearly a commercial vehicle that's being used for storage. It doesn't haul passengers. It's a commercial vehicle. COHMISSIONER HAC'KIE: What this board is telling our code enforcement department is we don't care if there is an argument that can be made. Cite them, bring them in, let them make their argument in front of the Code Enforcement Board, but let's be -- just because they have an argument doesn't mean that we're going to go away. MR. ROSE: Well, the new ordinance would clearly ban that vehicle. It would be an illegal vehicle. There wouldn't be an argument about it at all. Pickup trucks -- we're not trying to limit pickup trucks in Golden Gate. That's not the issue. The one ton dualies that are used today -- crew-cab dualies, as long as they're covered -- some of them pull some mighty expensive fifth-wheel trailers. They are personal vehicles. They are used for recreational purposes. We have no problem with that. I do have a problem with a crew-cab dualy with a big air compressor mounted in it where he goes out and changes tires on the side of the road. I don't think that that's a passenger vehicle; that's a commercial vehicle. But I am in support of the ordinance. Thank you. CHAIRMAN NORRIS: Thank you. MR. DORRILL: Mr. Hohrbacher. Then Ms. Hohrbacher. MR. HOHRBACHER: Do you want us both at the same time? MR. DORRILL: No, sir. You go right ahead. MR. HOHRBACHER: Okay, thank you. John Hohrbacher. I have been in this county for 20 years. I have driven a commercial vehicle home for 20 years. I have been in Golden Gate City now 10 years. I have been harassed constantly, and to find out all these years, you know, that there was nothing you guys could do about it. But every time you get a new county code enforcement officer, they must send them to my house, the new guy. Anyway. COHMISSIONER CONSTANTINE: What are you parking at your house? MR. HOHRBACHER: Well, I own a local business, a pool company, Master Pool and Solar Company, and we have several trucks. And I will drive whatever truck is left at the end of the day. COHMISSIONER HAC'KIE: How big? What kind is it? MR. HOHRBACHER: Well, anywhere from a half ton to one ton. COHMISSIONER CONSTANTINE: Whatever commercial vehicle is left at the end of the day? MR. HOHRBACHER: Yes. But, granted, I also have a station wagon that's a commercial vehicle, and is that against the law, too? It's a commercial vehicle. The only one that truly knows what a commercial vehicle is is the IRS. There's -- do any of you guys write your car off on expenses? Business trips? COHMISSIONER MATTHEWS: I do. MR. HOHRBACHER: Now, you have a commercial vehicle, and it better be in the garage when you get home. COHMISSIONER MAC'KIE: But that's not the issue. COHMISSIONER HANCOCK: Mr. Hohrbacher -- MR. HOHRBACHER: No, the issue here -- COHMISSIONER HANCOCK: No, sir, the issue is you are trying to argue the absurd. If your vehicle -- what is on your vehicle that's not on your station wagon that makes them want to cite it? MR. HOHRBACHER: Okay. I have got pool chemicals in the back of my vehicle, a pool pole sticking out. I happen to do solar work, so I have a ladder on my truck. That makes it -- it's in the limits. COHMISSIONER HANCOCK: Do you have the aluminum cage on it? MR. HOHRBACHER: Who's joking who? Right. Now, if I can get these people to stop taking pictures of my house, which was very annoying for two years because of taking -- strangers taking pictures of my children. I don't know what's going on. So finally I got them to stop taking pictures, but if you go down to code enforcement, I have got a file in there for 20 years bigger than the bible, okay? Now, my point is, if we can -- apparently the white collar workers find it offensive to have a working truck next to their house. They can drive their little four-door car home, use it for work. They have got their briefcase and cellular phone. But I can't drive my pool truck home. I find that offensive. If you drive around Golden Gate city, it's the working, the blue-collar community. You have people that drive that vehicle home. It is used for work, taking the kids to school. It's a benefit for that employee. It's figured in their income. Now, you have gated communities in this town. If -- somebody was in the paper saying they're willing to pay more taxes for more code enforcement. If you can afford more taxes, then I suggest you go to a gated community. I moved to Golden Gate City because I knew what flew. I didn't move to a gated community. Now, apparently everybody has been breaking the law for 20 years, that I know, driving a commercial vehicle home. Now, I think if the public, when they do find out that everybody is in violation, then you're going to get a little outcry like the Cape Coral deal. And in the paper the other day there was an editorial -- the paper on our side -- is put it to a vote. Why do you guys have to decide? How about the general public in Golden Gate City? How about if they decide if they want those working trucks there, because 70 percent of those people are working people. Let's put it to a vote with the public. I do not find any offense with my next-door neighbor. Now, incidentally, my neighbor works for me, so he's got my pool truck next door. But his wife's a cop, and she has her cop car. Now, you guys just exempted them, but you can't exempt the pool guy. Can I get some exemption? Now, there was some -- something about electricians, you know. They drive that home. They're on 24-hour call. Air conditioning companies, they're on 24-hour call. It's their job during a hurricane to go take care of these elderly people and get their air conditioning running so they don't drop dead. It's a safety issue. Pools aren't a safety issue. But I've had some customers claim it, but -- but I spoke my piece. I just -- I think we need to rally the general public together and get a group going because either everybody can drive a commercial vehicle home or nobody. Now, you know the original rules 20 years ago, they were to eliminate the dump truck in the front yard, the big backhoe in the side yard. Nobody does that. I mean, at least if they do, you can catch that, it's obvious. But the last thing is I do have one of these 350-whatever you're talking about. It is not used for my business. It is personal. It has nothing to do with work. I happen to tow my stock car with it. That is not a business. That is a hobby. CHAIRMAN NORRIS: Time is up, sir. That's what the buzzer was. MR. HOHRBACHER: My wife will cover the rest. The bed is 37 feet long by the way. MR. DORRILL: Ms. Hohrbacher and then Ms. Partridge. MS. HOHRBACHER: Yes, my name is Lora Hohrbacher, and if you can't tell, I'm married to John over there. The thing that bothers me the most is our commercial trucks. And it's just as John says, we drive whatever is left over at the end of the day. We are a family business. So between me and my brother-in-law and my husband and my sister-in-law, we all drive a commercial vehicle. We cannot afford to own a vehicle to keep at home and then a vehicle to have for work and keep parked wherever we would have to pay to keep it parked because we are no longer allowed to park it at home. The truck I drive the majority of the time is a regular Toyota 1986 pickup truck. It is not -- it does not exceed the length, weight, or height limit, but I am told because I put a chlorine jug in the back of it that I am in violation of the law. That is what I am here to clarify. They are telling me there is commercial equipment in the back of my truck and that is why I am being cited for that truck. Now, I have also been reported to hazardous waste for the things in the back of my truck, which after two weeks of research, they did discover that there is nothing hazardous in the back of a pool truck. So it seems to me that it is an interpretation of the law at this time. One code enforcer will feel that it's this. One will feel that it's that. Then if they can't get me on that, they call hazardous waste on me. I am looking for something definite. I have to have that truck. I can't sell that truck. If I sell that truck, you lose another business in the community. I don't want to lose my business. I don't want to lose my livelihood. And it's not something -- the shop that we rent over in -- off of Radio Road has one little bay in it. We cannot park five commercial vehicles in one little bay. And if we would leave them outside, no doubtedly (sic) we would have nothing left in our trucks at all. So -- and the last thing is the truck that John was talking about that we use to carry our stock car on. If I want to bring that home on Saturday afternoon when we load up the stock car for ten minutes, I do not want a code enforcer at my door Monday morning because of that truck. It's totally recreational. It is not kept there 24 hours a day. We do keep that one garaged elsewhere because of all the complaints we had on it. But if I pull it in my driveway for 10 or 15 minutes, I do not want to be red-tagged for it. COMMISSIONER HANCOCK: It's not a violation. MS. PARTRIDGE: Right. ANd this is what we are trying to -- it is not a commercial vehicle. This is where I have my biggest problem with the commercial vehicle code, and I have had this for years. Just because you say it is so long, you are saying it is a commercial vehicle. I don't see how you can legally do that. COHHISSIONER CONSTANTINE: If it's only there for 10 or 15 minutes, it's not a violation anyway, so it's a moot point. MS. PARTRIDGE: How come I have been red-tagged for it several times for that, then? COHMISSIONER CONSTANTINE: Probably because it's there more than 10 minutes. MS. HOHRBACHER: No, it's not, sir, okay? CHAIRMAN NORRIS: We don't -- we don't know the answer to that. MS. HOHRBACHER: I know you don't. CHAIRMAN NORRIS: I am not going to argue that question. Let me ask you a question, though. This appears to be a photo of your truck. MS. PARTRIDGE: Let me check that. No, that is not a vehicle (sic) of my truck, sir. CHAIRMAN NORRIS: That's not? MS. PARTRIDGE: That is a vehicle of my brother-in-law Jerry's -- CHAIRMAN NORRIS: It's a photo of somebody's truck. MS. PARTRIDGE: Who owns SLS Pool Service. That is my brother-in-law's truck, and he also lives in Golden Gate city. COHMISSIONER CONSTANTINE: Is that in front of your house? MS. PARTRIDGE: No, that is not at my house. That is my brother-in-law's house. CHAIRMAN NORRIS: Do you have a garage? MS. HOHRBACHER: Yes, I do. CHAIRMAN NORRIS: Why don't you put the truck in the garage? MS. HOHRBACHER: Because right now we're restoring a '79 Trans Am that is being kept in the garage, and I cannot put it in the garage. And plus we drive two commercial vehicles home so, you know. CHAIRMAN NORRIS: And you have a two-car garage? MS. PARTRIDGE: I have a two-car garage in the backyard, but part of that is being taken up by the other car that we are currently storing there, because if I leave it outside without a tag on it -- CHAIRMAN NORRIS: You're asking for an exemption from the law for this reason or that reason. MS. HOHRBACHER: Well, when you're taking -- when you're talking about taking away people's livelihood then I guess, yes, I am asking for an exemption. COHMISSIONER CONSTANTINE: We're not talking about that. We're talking about making priorities. If you put your commercial vehicle in the garage, you're complying with the law. MS. HOHRBACHER: Okay, if -- COHMISSIONER CONSTANTINE: If you choose -- let me finish, please. If you choose to put a Trans Am in there instead or you choose to put a stock car in there instead or any number of other things, that's your choice. But then you're choosing not to comply with the law. MS. PARTRIDGE: This is what I was told, though. I was told whether it was put behind a fence or whatever -- this is what I was told at the Golden Gate Homeowners' Association meeting that I went to -- if it is back there, they will find me and they will cite me for it, okay? This is why I am here, because I am -- COHMISSIONER CONSTANTINE: By whom were you told that? Were you told that by someone on the county staff? MS. PARTRIDGE: I -- times up. I was told -- that was just blurted out at the meeting. COHMISSIONER CONSTANTINE: So it's not from anybody representing '- MS. PARTRIDGE: It was at the code enforcement meeting. COHMISSIONER CONSTANTINE: But it was not from someone representing the county? MS. PARTRIDGE: No, because every time I call the county they say they don't have any jurisdiction over the Golden Gate Homeowners' Association. COHMISSIONER CONSTANTINE: Which is true. MS. PARTRIDGE: Right. So what's -- if the enforcers are going to say -- or volunteer enforcers are going to say one thing and the county is going to say something else, what -- CHAIRMAN NORRIS: Thank you. MR. DORRILL: Ms. Partridge. COHMISSIONER CONSTANTINE: Just by the way, code enforcement, the next time they're red-tagged, make sure you bring in their testimony today that it is a commercial vehicle. They have acknowledged they're bringing home commercial vehicles. (Off the record to allow the court reporter to make a paper change.) CHAIRMAN NORRIS: Back on line? Okay. COHMISSIONER MATTHEWS: I have one question, Ms. Sullivan. Ms. Sullivan. MS. SULLIVAN: Yes. COHMISSIONER MATTHEWS: When this started, help me that I heard you correctly that this -- that this applies only to residentially-zoned property, that estate-zoned and agricultural is exempted. MS. SULLIVAN: The Estates are specifically exempt in the code, and agricultural is exempt by definition of residentially-zoned areas. CHAIRMAN NORRIS: Is that any estate-zoned area or Golden Gate Estates? MS. SULLIVAN: Golden Gate Estates. COHMISSIONER MATTHEWS: That's the only estates-zoned area we have. CHAIRMAN NORRIS: I think there's some estates on Marco Island. MS. SULLIVAN: Any -- any estates area; is that correct? MR. HULHERE: Any zoned E-estates, but the area on Marco is zoned residential even though it's called the estates. CHAIRMAN NORRIS: All right. COHMISSIONER MATTHEWS: Now, agriculturally-zoned area within the urban area is exempted from this, also? MS. SULLIVAN: Right. COHMISSIONER MATTHEWS: Okay. MS. PARTRIDGE: For the record I'm Shetee Partridge, and I'm also a small business owner in Golden Gate City. We also own a cubed van, one ton. We have lived in this house for 10 years with this vehicle. We have invested a lot of money in the vehicle and all the contents that are in it. When we got red-tagged after nine years of living in this house with the vehicle parked on the side of the house or behind it, we were overwhelmed. I mean, where are we going to park it? Where are we going to put it? I mean, where could we -- were we going to have to take on an extra charge of having to pay to store it somewhere when for nine years we had the vehicle -- the commercial vehicle at our house? COHMISSIONER HANCOCK: Pardon me for interrupting. Did you say you were red-tagged when the vehicle was parked behind your house? MS. PARTRIDGE: Well, actually it was on the side of the house when he red-tagged us. CHAIRMAN NORRIS: Okay. Yeah, that's -- that's against code. MS. PARTRIDGE: But is it okay if it's parked behind the house? CHAIRMAN NORRIS: I said that's against the code twice, because it's a commercial vehicle and it's beside the house, so that's double. COHMISSIONER CONSTANTINE: But if '- MS. PARTRIDGE: But my point is it's like I have lived in this house for 10 years. We have had this business for 10 years. I mean, we have invested thousands of dollars in this vehicle. CHAIRMAN NORRIS: Ms. Partridge, just because you haven't conformed with the code for 10 years doesn't mean that you're grandfathered. It doesn't work that way. MS. PARTRIDGE: Well, it's like we -- you know we could have got rid of the vehicle when the amendment went into effect in 1991. CHAIRMAN NORRIS: Yeah, well, I'm sorry we didn't get out there and red-tag you earlier so '- MS. PARTRIDGE: Well, the point is -- the point is that it's overwhelming -- CHAIRMAN NORRIS: No, that's not the point. MS. PARTRIDGE: -- to the working-class people. CHAIRMAN NORRIS: That's not the point. The point is it's a violation of code, and whether it took 10 years for the people to cite you is not really the issue. MS. PARTRIDGE: So you're not interested in the working-class people that have a small business in Golden Gate? CHAIRMAN NORRIS: It's hard for you to make that kind of stretch. You can't extrapolate that, and I'm not going to allow you to do that. You're not going to extrapolate the fact that there are codes existing into I don't care about working people. I'm not going to let you make that stretch. You can't do that. MS. PARTRIDGE: That's where my issue is. It's like we're working-class people. If I could afford to store it somewhere else or keep the vehicle somewhere else, I would have had it somewhere else. CHAIRMAN NORRIS: The fact is it's against the law to have a commercial vehicle parked in your yard unless it's behind your house or in an enclosure behind your house screened. It has to be screened. COHMISSIONER CONSTANTINE: You mentioned that you did have it behind house some of the time? MS. PARTRIDGE: Yes. We only -- actually we only bring our vehicle home on the weekend due to the fact that Dave has side jobs sometimes he'll do, or he'll come home and straighten the vehicle out. We don't keep the vehicle there. We don't store it there. We don't have lumber laying all over the yard. We bring it home in between his jobs. COHMISSIONER CONSTANTINE: Is it behind the house and shielded from the public view, because that does conform? MS. SULLIVAN: It's shielded from the neighbors' view and from the street. COHMISSIONER CONSTANTINE: If it's shielded in some manner -- and I don't know, you maybe have to get a little creative on doing that. But if it's shielded from the neighbors and from the street, then you're legal behind the house. You just can't park it where it's readily visible. COHMISSIONER HAC'KIE: Hay I say one thing that I checked on to try to find out just how difficult this shielding is. The sea gate -- the seagrape hedge is pretty opaque. COHMISSIONER HANCOCK: Ficus hedge, same thing. COHMISSIONER HAC'KIE: Yeah. I -- I priced one today. A hundred feet, you need a three gallon -- plants, you're double rowing it, 330 bucks for a hundred feet of double row sea gate hedge -- seagrape hedge. And I didn't check on how much the 6-foot high wooden fencing is at Home Depot, but that's not much. I just think that you're screening for the comfort of your neighbors and to beautify your neighborhood. It is not too much to ask -- I don't want you to -- I want you to be able to bring your vehicle home if you need to, but I want your neighbors not to have to look at it if they don't want to. MS. PARTRIDGE: But the thing is there wasn't a problem with any of them, and, you know, in our whole area we never had a violation. COHMISSIONER CONSTANTINE: If I speed on Interstate 75 from now until three years from now, and I get a ticket three years from now, I can't make that argument to the cops. I understand your point. MS. PARTRIDGE: My point is, yeah, we were -- you know, we were totally devastated when we got it after nine years. And the money we have got invested in this vehicle, we can't turn around and sell it and modify it to your 7 feet -- COHMISSIONER CONSTANTINE: For a couple hundred bucks you can put up a little cedar fence or a hedge or something. A couple hundred bucks along the edge. COHMISSIONER HANCOCK: Just so it's screened and you comply with code, and you can go about the way you have been for nine years. You just have to make sure it's screened, that's all. MS. PARTRIDGE: Even though it's a cubed van? CHAIRMAN NORRIS: Let's move along here. Do you have something new with a different point? MS. PARTRIDGE: No, that's strictly it, you know. CHAIRMAN NORRIS: Let's move along. I don't know that we really need to sit here and listen to anecdotal stories. It's really -- they're trying to excuse themselves from the code. That's improper argument. We can't sit here and try to excuse people from complying with the code. COHMISSIONER HANCOCK: Commissioners, can I suggest that after this meeting if you will explain your particular scenario to Ms. Sullivan, you can get a very clear decision on what is allowable and what is not so that you have no question. I think that's probably the most important thing. So if you do that, that will probably answer those questions for you. MR. DORRILL: Mr. Partridge, come on ahead. And Mr. Rein, Jerry Rein, you will follow Mr. Partridge. Go ahead. MR. PARTRIDGE: David Partridge and I own Partridge Carpeting Company. You see a year -- we have been through this with the zoning a year ago and what the one-ton rule was, and everything was fine. And they said, "Okay, we won't bother you any more." now they're back, you know. And my neighbors don't complain about that truck. Now, I help my neighbors by working or else I bring my truck home to service my house and to service things at my house. And that truck -- I only bring that truck home when I need the tools in that truck to use. Now, there's only one person complaining about that truck. In Golden Gate there's one person and that's it. But, you know, the point is I'm not allowed to bring that truck to my house at any time at all; is that the law? COHMISSIONER CONSTANTINE: No, that's not the law. MR. PARTRIDGE: I mean, I can stop? Do I have to keep the motor running or something? COHMISSIONER HANCOCK: You're stretching it into something that doesn't exist. MR. PARTRIDGE: Well, I'm just trying to understand. COHMISSIONER HANCOCK: Well, then let us answer. MR. PARTRIDGE: Okay, go ahead. COHMISSIONER HANCOCK: Okay. You can bring that truck home. If it's there for a period -- and someone correct me if I'm wrong -- is there for a period in excess of 24 hours, it must be screened appropriately; is that a fair statement? STAFF PERSON: Basically you have 24 hours. If you go home for lunch, construction, during the day in and out of the job, that's fine. Overnight, if it's in the backyard fully screened from the neighbors, that's fine. COHMISSIONER HANCOCK: So we're saying parking overnight is really the key here? STAFF PERSON: Parking overnight, two, three, four hours, that would be prohibited. In his case he has a yard that's real small and narrow, I don't see him blocking the view from his neighbors with his box van. COHMISSIONER HAC'KIE: Even when it's in his backyard? STAFF PERSON: We get a lot of complaints. If somebody calls in a complaint -- COHMISSIONER HAC'KIE: No, no, no, the question was, can you describe a scenario -- since you're familiar with this particular property -- can you describe a scenario where like I'm saying go get a sea grape hedge, you're telling -- there's not a scenario where they can shield that vehicle on their property? I want them to be able to keep it there overnight. What can they -- what can they do to keep it there? STAFF PERSON: If he put up a 20-foot fence or a hedge, he could keep it there. COHMISSIONER HAC'KIE: Twenty feet high? COHMISSIONER HANCOCK: How tall is this thing? COHMISSIONER HAC'KIE: It's 9 feet high, so how about a 10 foot? STAFF PERSON: It's more than that. COHMISSIONER CONSTANTINE: Just a reminder, the question tonight -- the question before us right now is do we want to keep the old one and enforce it fully or do we want to go to new wording and enforce it. I mean, it's not a question of are we going to stop enforcing the law. If there are ways for you to comply and you need the help -- MR. PARTRIDGE: Well, tell me how to comply. I don't understand. COHMISSIONER CONSTANTINE: And our staff will help you do that. And as a matter of fact, before we go tonight maybe you will help them do that. But the point is we have got some laws that have to be conformed with somehow. And obviously if you haven't been doing it for a while, there's got to be a way for you to work as well. But it's not a question of backing off and not having any law any more. COHMISSIONER HANCOCK: Commissioner Constantine, it might be a good idea that we'll have discussion on this this evening but that we schedule maybe a workshop in Golden Gate on how to properly screen your vehicle. MR. PARTRIDGE: Good idea, good idea. COHMISSIONER HAC'KIE: The one question I have, too, or, frankly, a direction for my one vote to staff is that a screen -- for the vehicle to be screened from the neighbors view doesn't mean a 20-foot high hedge. Do you guys think that? I mean, is that our instruction to our staff that one foot of the truck can't show at top? Does it have to be completely blocked from view, buffered from view, screened from view? I don't think they should have to. CHAIRMAN NORRIS: That's not even on the agenda night. And we're not going to allow any more Code Enforcement Board type conversations here tonight. We are here to discuss the changes -- the proposed changes in that ordinance, and we're not going to make rulings on people's individual situations here tonight. So if you have something to say along those lines, say that please. MR. PARTRIDGE: I'm opposed to the amendment. MR. DORRILL: Mr. Rein. COHMISSIONER CONSTANTINE: And, Linda, will you get with him before you go tonight? MS. SULLIVAN: Sure. MR. DORRILL: And, Mr. Wilt, you will follow Mr. Rein. Go ahead, Mr. Rein. MR. REIN: Well, my name is Jerry Rein. I live in Golden Gate City. I am a member of the volunteer code enforcement code committee, so I'm one of the hatassets. I haven't read the full text of the proposed changes. I have gotten bits and pieces. From what I have read of the original ordinance, my understanding of it is that ordinance pretty well takes care of all of the problems that we have. It's a matter of enforcement, making sure that we don't have junkyards on wheels out in Golden Gate City. The -- some of the changes that some -- rambling here -- some of the minor wording changes that have been suggested I think would probably be appropriate for the ordinance. A few minor clarifications, but the ordinance itself pretty much says it without getting into a lot of extra mumbo jumbo. I am one of the people that has taken pictures. I haven't gone on people's property. I use telephoto lens in case anybody wants to know. That photograph that was passed out are similar to the ones that have been mentioned previously. I have not -- never cited a pickup with one jug of chlorine in it. I have cited junkyards on wheels, pool service trucks with hoses, solar panels and everything hanging all over it. So that's really all I have to say. I think the ordinance we have got right now takes care of itself, takes care of all the problems we have got. Thank you. MR. DORRILL: Mr. Wilt and then Mr. Wilson. MR. WILT: Good afternoon, Commissioners. COMMISSIONER MAC'KIE: Evening. MR. WILT: Good evening. I stand corrected. My name is Glenn Wilt. I live at 5019 31st Avenue Southwest in Golden Gate City, and yes, I'm one of the people that are pushing this ordinance. I am going to speak directly to the ordinance and this proposed change. I have heard a lot of discussion this afternoon about the commercial vehicle ordinance the way it's currently written. I have heard the legal description -- the legal interpretation here. I am going to digress here for a minute. I want to cite a couple of examples. If the answer can be found in the legal staff or in our current code, I would be happy to back off from any proposed changes to this ordinance. This situation I would like to point out is -- and let me digress here for just a minute. We started a volunteer code enforcement approximately two years ago in Golden Gate City. That's where a lot of this stuff is coming up. I know you people have taken a lot of heat this afternoon. Well, I have lived there for nine years when the community was going downhill, and we've turned it around. That's why we're encountering these type problems today. Let me get back to the vehicle ordinance. The vehicle that's manufactured -- there's a VIN number placed on that vehicle, and here's where the problem starts. You take a one-ton pickup, buy it from the factory, and any time that vehicle is identified for any purpose from there on, it's known as a one-ton vehicle, because it's on the VIN number that way. You take it home and take the pickup bed off of it, put an eight-foot box van on the back of it, and if that vehicle stops anywhere for any purpose, it's still a one-ton pickup, and it meets the current code. My question is this -- and that's the problem we have and that's why we tried to address all other issues and all other aspects. That's why we even went so far as to come up with a 21 foot by 6 inches. By the way, that new Ford vehicle costs $35,000. If I lived next door to you, Commissioner, and you wouldn't let me park in my driveway, I'd be upset. That's why it's 21 foot 6 inches. We asked them to be. But here's the problem. It's a one-ton pickup and nowhere in the ordinance does it say, okay, it's got that box van on it, it must weigh over one ton. But where is the requirement to make them go weigh the vehicle? The only identification you have on that vehicle is the one ton. That is the big loophole the way we see it. That's where the argument comes in all the time with the residents, with staff, and as far as legal, also, as far as I'm concerned. I have been through measuring a number of these vehicles out there, and I have discussed this at quite some length with the Golden Gate Contract Association, our own Golden Gate Area Civic Association, and also with our code volunteers. They support a need to do something to remove a certain number of these type vehicles from the community. There's no writing on the side of them. They don't fit. I don't want them in the driveway next to me. We always have this argument. That's why we came up with a compromise working with the North Naples group and also our group in Golden Gate that maybe the size was one way to do it. I would emphasize one point. I do not want to be any part of a Cape Coral issue. When it gets into pickups or it gets into vans being driven home with lettering on the side of it, I will not be part of any support for the argument on that. That's a working community out there. But these type vehicles and commercial vehicles loaded with 50 one-gallon containers of chlorine sitting in the driveway have got to go. Thank you very much for your time. If you have any questions, I will be glad to answer them. MR. DORRILL: Mr. Wilson. Then Mr. Whittenberg. MR. WILSON: Good evening, gentlemen, ladies. My name is Maynard Wilson. I live in Golden Gate City, and I'm here to discuss your new ordinance. From what I understand of it, you're going strictly by size, and I think that's a complete misnomer. You're going to get into more trouble than you can shake a stick at. One of the big problems you have is we talk about what's a commercial vehicle. Nobody knows. Code doesn't know. I have talked to them until my ears about fell off. They don't know what a commercial vehicle is. You talk about weight, one ton or over, they don't know. As I have told them before, I have had case after case of trucks with dual wheels on them. And they say, "Well, what's that got to do with it?" You look at the manufacturers' specifications. The minute you put dual wheels on it, you're over one ton limit. Same way they talk about 220 inches long or 20 feet long, 240 inches long. The minute you do that, you're getting into something that may be legal weight-wise, but I don't know how it could be, because if you look at the manufacturers' specifications, anything that big has got GVW of about 10,000 pounds. Take GVW, subtract the vehicle weight and as Mr. Mulhere has told me, at that point, the truck is illegal. I would like to show you a couple of examples of trucks that I have had in my neighborhood that's been -- who do I give these to -- that's been disposed of through my efforts. CHAIRMAN NORRIS: Just wait when you talk until you get back on the microphone. Just wait until you get back up there. MR. WILSON: Now, the smaller vehicle there on the xerox copy shows a truck that was in the neighborhood. It's an F-350, come through with what they call just a short cab, a chassis cab. So the guy puts a big steel bed on the back of it, and he's hauling pallets of concrete, bags of concrete. He's in the pool business. That truck legally, according to the manufacturer, is capable of carrying two and a half tons. And I was told it's -- it's a one-truck truck. I said, "Well, who told you it's a one-truck truck?" "Well, I went to the dealer, and the dealer says, well, that's what we call a one-ton truck." And as I said, "I don't care what you call it. It's GVW minus its truck weight is its load-carrying capacity, and it's two and a half tons." Same thing was called to the attention of the motor vehicle department when I called them to give them the license number and wanted to know who this belonged to. They told me -- they says where did you get that number? I says off this particular truck. They said that can't be. That series of license plates are only issued to pickup trucks, and this is not a pickup truck. This gentleman is hauling on our highways with two and a half tons and paying for a license plate of a pickup truck. Now, you talked about what are we going to do here about these ordinances. They need to be rewritten. They're bad, terribly bad. Motor homes, pickup trucks or commercial vehicles, overweight trucks, boats. One ordinance says this has to be behind the house covered with vegetation or screened in. Another one says, oh, no, you can park it over here in the carport, in an open carport. Now, where is the screening on that? CHAIRMAN NORRIS: Well, that's not actually accurate. MR. WILSON: Please. CHAIRMAN NORRIS: That's not actually accurate. That's not what it says. It says parked in a garage, carport, or totally enclosed structure and cannot be seen from the street. MR. WILSON: It does say carport, though, doesn't it? CHAIRMAN NORRIS: Cannot be seen from the street. MR. WILSON: Well, okay. Now, I like your interpretation. I like your interpretation. CHAIRMAN NORRIS: It's not my interpretation. That's what it says. MR. WILSON: That would have been my interpretation, too, but unfortunately that's not the interpretation of other persons. This particular item -- you will notice that xerox copy -- was made in 1989. 1994 we finally got rid of those trucks. Thank you. CHAIRMAN NORRIS: Thank you. MR. WILSON: Could I have my pictures back? CHAIRMAN NORRIS: Sure, absolutely. Which ones are his? COHMISSIONER MATTHEWS: Are they needed for the record? MR. WILSON: If you want them you can keep them. MR. WEIGEL: They won't be a part of the record if he doesn't submit them for the record, that's all. CHAIRMAN NORRIS: Are you submitting them for the record? MR. WILSON: Yes. CHAIRMAN NORRIS: Okay, then they will become part of the record. MR. WITTENBERG: Am I on? COHMISSIONER MAC'KIE: You're on. MR. WITTENBERG: I'm Hike Whittenberg. I'm a resident of Golden Gate, and I'm a property owner in the Golden Gate City area. I am a member of the board of the Golden Gate Civic Association, and I was also present as the sheriff's representative in the meeting Ms. Sullivan was talking about that we had to try to discuss the ordinance. Again, I am going to try to relate this to the ordinance, but I want to give a little history of why this ordinance came about. The Golden Gate -- Glenn mentioned that Golden Gate was going downhill. This is very true, and we have been working as a community to bring it back up. And what became evident is that the commercial vehicles, especially in the rental property which are our main thoroughfares in Golden Gate, were being degrading to our neighborhoods. What I got with Ms. Sullivan and the group on is the lack of a clear way for the public to understand what's legal and illegal and the code enforcement to enforce it. And I think the first part of my statement as far as what the public understanding what's illegal and legal is probably the most important part. And whether this ordinance changes -- passes or not, I would ask the commission to mandate to whomever they need to to make staff prepare something that maybe isn't legally sufficient but will be in plain English that these people can understand how they can screen. They don't have to go to a public hearing. If they're cited for a violation, they can be handed something that's written in plain English that they can understand what they can do to comply with the law. Or if there's no way to comply, then they know they have to move it to a different location. I would like to see that available when they're given the 30 days to comply with their violation. Rather than have to have them come to the Code Enforcement Board, allow them the chance to comply with the ordinance and make this a voluntary compliance thing rather than a forced compliance. I feel that forced compliance through enforcement is probably the least efficient method that we have. If we can get voluntary compliance, we have reached our goals. And our goal isn't to take people to court. Our goal is just to beautify our neighborhoods. And I think that is the way we can do it through education. And make that a mandate that staff prepare things that could be clearly interpreted by the general public that don't have to have a legal background to interpret them. And they would know whether the sea grapes -- and that was mentioned by the one commissioner -- would be acceptable or not, and it would be clear to staff, also, what's acceptable then, too. Because otherwise it's subject to interpretation whether the sea grapes or whether a picket fence is -- or does it have to be an opaque picket fence or can it be one that has little cracks in it. You know, something that we can clearly tell people that this is acceptable, and then we're going to avoid this controversy that these people invest hundreds and thousands of dollars in equipment and fencing and screening just to be found that it's legally insufficient. And that's where we're going to make everybody mad, and we don't want to make people mad. We want to make our community more beautiful. Two questions for Ms. Sullivan. Did I understand that commercial vans would be outlawed just because they were not passenger vans? And I will try to get this into my minute and 49 seconds. MS. SULLIVAN: Under the -- under the current ordinance it says that the only thing allowed are automobiles, passenger vans, and pickup trucks under one ton. MR. WITTENBERG: Okay. But what I want -- what I don't want to happen is that because somebody has the name of a business on a van - - MS. SULLIVAN: Signage doesn't have anything to do with it. MR. WILSON: Okay. Only if somebody is hanging off the outside. Okay, the other question I have is -- I realize you're not from Florida, but is a "peekup" truck the same as a pickup truck? MS. SULLIVAN: Pretty much. MR. WITTENBERG: Okay, that's the only comment that I have, and I thank you. COHMISSIONER CONSTANTINE: I think it's important to say Hike is right in that I think the county's goal is the same and that's compliance, not punishment. And actually these numbers might not still be accurate, but I know when I was on the Code Enforcement Board, it was something like 90 percent of everybody that was cited would actually comply and would have to go to Code Enforcement Board. But for those who don't think that they have to follow the law like some people here earlier, then we do have the process to go through Code Enforcement Board and determine who's right and who's wrong. But I think you're right that the emphasis has to be on compliance, and once somebody complies and hopefully through the assistance of us and our staff then, you know, everybody is happy, and we don't need to go through the board or CEB. MR. WITTENBERG: I think I had a couple seconds left. CHAIRMAN NORRIS: You have got to be on the microphone. We usually don't let you come back up so make it real quick. MR. WITTENBERG: Okay. It's just that the commissioner -- if we have been working on this and legal staff said that we had a problem since last October, I was thinking if we just had a mandate from the commissioners to ask that to be done, it would probably happen. Otherwise we may be back here again for something similar. Thank you. CHAIRMAN NORRIS: Thank you. MR. WEIGEL: The next speaker is Bill Kerrigan followed by Vera Fitz-Gerald. MR. KERRIGAN: Good evening. My name is Bill Kerrigan. I am representing the Poinciana Civic Association of which I am president of. Just let me ask one question first. Is a one-ton truck that you see the lawn services driving around now considered legal? COMMISSIONER HANCOCK: Do you mean in what is proposed? MR. KERRIGAN: What is proposed, what is now. MS. SULLIVAN: For what is proposed, if it didn't exceed the size of the size dimensions, it would be legal. Under the proposed ordinance you have to meet both criteria. You have to be under the size and you have to be under one ton, so that if your lawn care vehicle had commercial equipment hooked to it, then it would be illegal. Otherwise it would be legal. MR. KERRIGAN: Well, we in Poinciana Village want aggressive code enforcement. It is what, you know, maintains our property values. That's how we look at that. I just think this idea of the size and all -- look, it's one ton, it shouldn't be in there. The city doesn't allow anything over three-quarters. I mean, what are we going to do when we are going to call code enforcement? Are we supposed to go into somebody's yard with a tape measure before we do that? I mean, which civic association is going to have somebody shot first? You know, this needs to be done. But I mean, you know, box vans, you know, these F-350 recreational vehicles, they're huge. To me you're talking Winnebago. I mean, if anything, the new ordinance isn't tight enough. You know, we want aggressive code enforcement. I don't want to see us turn into Cape Coral. I mean, I drive an Isuzu pickup truck. I drove it here. But I mean, you know, we want aggressive code enforcement, but we don't want, you know -- I mean, there's a time and a place for anything. We don't want our neighborhoods turned into industrial parks. So, you know, if anything maybe you need to tighten this up. That's what we would like to say. I mean, I don't want to see one-ton trucks, Winnebagoes, whatever, you know. And I don't think the ordinance is that bad. When somebody does have an RV vehicle and they visit their kid or something from up north, I mean, they have got like what, two days, three days? COMHISSIONER HANCOCK: Twenty-four hours, I think. MR. KERRIGAN: You know, it's not, you know, there, but I mean, it's, you know -- I think we need to look at this even more, maybe get in there. And probably on May 20th we'd like to invite you to our civic association meeting so you can show us and say that this is the worst-case scenario. This is what is allowed. COMMISSIONER MAC'KIE: Is Poinciana Village a member of the Second District Association? MR. KERRIGAN: Yes. COMMISSIONER MAC'KIE: We got a letter from the chairman saying the board voted unanimously to oppose any change to the present zoning regs. MR. KERRIGAN: I abstained from it. We thought that their -- that they are legible, I mean, that you can enforce them. COMMISSIONER CONSTANTINE: I think that we're on the same track. I don't think we need to change the ordinance, but I think we need to enforce it more stringently. MR. KERRIGAN: Well, I think like a one-ton truck is, you know -- we used to call them up and they used to red-tag them. But now from what I'm hearing here, they're not going to do it any more? COMMISSIONER MATTHEWS: Not under the new regulations they won't. MR. KERRIGAN: I mean, it just seems to me to be, you know, a loosening of the ordinance if anything. COMMISSIONER HANCOCK: I know we have a couple more speakers, but I might have crafted something that will solve a lot of these, and I might not have. But after the speakers let me throw it out there, and if it sticks, great. If not, I'll play never mind. MR. KERRIGAN: I also appreciate the board for saying to code enforcement don't be attorneys, be cops. That's what we need. Thank you very much. CHAIRMAN NORRIS: Thank you, Bill. COMHISSIONER HANCOCK: No offense, Ms. Sullivan. COMHISSIONER CONSTANTINE: That's Officer Sullivan to you. MS. FITZ-GERALD: I'm Vera Fitz-Gerald. I live in Naples Park. Just before I start speaking on this, I just want to say one thing about the advertisements for the LDC meetings. They are so esoteric that you absolutely have to be on the in to know what's going on. You have no idea what you're going to talk about. And it took me awhile. I'm not alone obviously. COMMISSIONER HANCOCK: Rich King made it pretty clear. MS. FITZ-GERALD: I don't listen to Rich King. And forget that editorial. I didn't know that Jeff Lytle drove a pickup. The top of the trucks would be a gray area. I don't want to see the top of a truck, because the next thing -- who's going to determine how much of a truck you can see? Screen the whole thing. I don't want to see any of it. I agree with the gentleman from Poinciana. I would like to see this thing even tighter, like three-quarters of a ton. The problem is the one ton has proved to be unenforceable, and I know there's been cases -- and Ed Moran has told me about cases that he himself has had and taken them to the code enforcement. A lawyer has successfully argued that there was a passenger seat in that vehicle, therefore, it was a passenger van. And he wiggled out of it, and the guy got off. And so I want to see this thing tightened up. The one ton is not quite sufficient. It is not exact enough. A lot of people are getting away with very ugly things. Like in our community there's a caterer that has two large box -- silver box things on the back of his one-ton rated trucks. And it would pass, and that's awful. But the two speakers -- the early speakers I thought gave us the best arguments to tighten up this regulation or ordinance that I have heard of. And I think the time to comply, 30 days, is a bit long, also. What else did I want to say? Others have said most of the points I had here. CHAIRMAN NORRIS: Tick tock. MS. FITZ-GERALD: I don't want -- I would like to see it remain at no more than 20 feet. I don't want to see it get bigger than that. I can't think of anything else. Everyone has said the points that I had. But I would like to see that ordinance tightened up, please, really, to eliminate these ugly vehicles. If a person can't afford to park a vehicle with a business, the business isn't viable any way. Thank you. MR. WEIGEL: Mr. Perkins. MR. PERKINS: Back again. A1 Perkins, Belle-Meade Groups Citizens for Constitutional Property Rights. You got your work cut out for you for the simple reason that you're going to have to try to save the little guy that's trying to earn a buck so he can take and move out onto a bigger piece of property, so he can grow his business bigger and bigger and better, and keep throwing money into the community, support his family, support this courthouse and you commissioners and everybody else through his tax money. Every one of these items are an issue, need to be addressed. I have a problem with the code because of the extra traffic. If you require people that they can park their trucks in a commercial area that needs security, additional insurance, time on the road, traffic, impact on the road. COMMISSIONER CONSTANTINE: We're just talking about putting it in the backyard behind a screen. MR. PERKINS: Okay. I'll address that also, okay? First, compliance versus voluntary, that's very good. Mike did a good job on this thing. Florida Power and Light trucks were brought up, tow trucks. And when it comes down to my parking my motor home which is 34 feet, 8 feet wide and 12 feet high right next to Cynthia's Party World at Tim's house just because he wasn't invited to the party. Any how, I'm sure code compliance would be out there on my back. One other thing, too. Take into consideration when these vehicles -- if you're going to run these vehicles out of the Estates, the impact at the time of day -- COMMISSIONER MAC'KIE: We didn't cover the Estates, A1. MR. PERKINS: Not -- in the Golden Gate. Not in the Estates, I'm sorry. I keep forgetting that I, you know -- COMMISSIONER HANCOCK: Not rule them out, screen them. COMMISSIONER MAC'KIE: Screen them in the city. MR. PERKINS: Okay. I have no problem with that providing that the people have an opportunity to earn their way out of the situation they're in, because some of them are in a situation. For example, if I sold my house or you sold your house and you moved to an apartment waiting for your house to be built in the Estates where you can put your equipment, what do you do with it in the meantime? It takes five to eight months. So now you have a problem. You have still got to take your kids to school. And your wife works, too, just to make the ends meet. You need to take this into consideration, okay? Let me go with this because you talked about the fences and the plants in the backyard hiding them. What about the fire trucks that may need to get into that backyard? COMHISSIONER MAC'KIE: Emergency vehicles. MR. PERKINS: Something has to be -- you know there has to be some thought on this thing. COMHISSIONER CONSTANTINE: If it's parked in the front or the side, they're going to have a heck of a time getting around to the backyard anyway, A1. MR. PERKINS: That's right. That's right. You got a very good point, because some of the lots are too small to even get down the side. This is something that's -- it's going to be a gray area. And other than put an oppression on the people, some place down the middle of this road here it needs some common sense, which you already stated. One thing that I do take exception to, if there is a complaint made to the Code Enforcement Board, it's to be done in writing with a signature at the bottom so that whoever is being accused can face their accuser. This bunch of nonsense of doing it over the telephone and nobody knows who did it and chasing people around all over the place, that's out. Let's get down. COMMISSIONER MAC'KIE: Is there ever a time -- like at a code enforcement hearing, do they get to face their accuser, I mean, if there's concern about due process, constitutional issues? MR. PERKINS: Nobody knows who it is. COMMISSIONER HANCOCK: The accuser is staff. If a citizen calls in a complaint, staff follows up, and staff either provides information or doesn't. They either create a file and file a complaint or they create a file and say there is no valid base for the complaint. COMMISSIONER CONSTANTINE: If it's not valid, it's never made. MR. PERKINS: Right. Okay, but let me go with a harassment situation. CHAIRMAN NORRIS: Mr. Perkins, we're talking about an amendment to our -- MR. PERKINS: Right. Okay, well, I'll quit with that. But at the same time take that into consideration that the person has the right to confront his accuser. Oh, one other thing, too. With the -- at one of the meetings on code enforcement, somebody mentioned about calling code enforcement because the garbage cans are rolling around the street after six o'clock at night. And I thought it was ridiculous, and I thought the person was ridiculous. Thank you. MR. WEIGEL: The next speaker is Russell Wadsworth followed by Sheri Barnett. MR. WADSWORTH: For the record my name is Russ Wadsworth, owner of Word of Mouth Painting. I would like to know, when I licensed my vehicle, which is a '69 step van -- I upgraded from a very rusty Suburban that was sitting in my driveway. I have upgraded it over $8,000 for safety and specification reasons for what I need. The total contents is about $19,000. It sits in my driveway, has never been red-tagged, and when someone walks on my driveway, the lights go on and light up my house, the road, and the house in front of me. No one messes with it, okay? I cannot afford to take -- it's undue hardship if I'm going to have to take that vehicle and park it someplace else. Because if I park it in my backyard and it rains, it's gonna stay there. I won't be able to get it out. And if you want me to put muddy ruts all the way around my house to get to that foliaged area, that ain't going to cut it. When I moved to Golden Gate, I upgraded my house. I made it look much better than what it was. And the people with their cameras should spend a little bit more time on slumlords than vehicles like mine. My situation -- COHMISSIONER CONSTANTINE: Is your suggestion, then, there should be no rules for -- MR. WADSWORTH: No, no. Mine is a foot and a half above. It's never been red-tagged, but the guy down the street has, okay? I need to -- when I went and I paid Collier County to license this vehicle for my business, no one handed me any information saying I couldn't park it on the property where my business is located at. Collier County's problem, Collier County's fault. Nobody handed me anything. They took my money, made sure I was insured, and that's all that happened. Now, I found out after investing seven grand into this vehicle, I have no way of knowing until a neighbor shows me a photocopy of these rules and regulations. Now, no one has ever red-tagged me, no one has complained, okay? I would like to know if I took this vehicle, which is a foot and a half over size, and dug ruts a foot and a half in the ground next to my driveway so I was down to code, whether that would be legal? CHAIRMAN NORRIS: Of course not. And just obviously one of the basic tenants of law is just because you don't know about a law doesn't excuse you from that law. MR. WADSWORTH: But when I bought the truck and licensed it as a commercial vehicle out of this house in Golden Gate, no one notified me CHAIRMAN NORRIS: Excuse me. We are not going to try as a Code Enforcement Board your particular anecdotal case here now. MR. WADSWORTH: But I'm just explaining. CHAIRMAN NORRIS: If you didn't know that you weren't supposed to kill people, would that excuse you from murder? It doesn't. And the same thing applies here. MR. WADSWORTH: It was taught in my school, the county school, when I went to school, okay? This was not -- CHAIRMAN NORRIS: You're wrong. MR. WADSWORTH: Had I known -- CHAIRMAN NORRIS: You're wrong, and if -- MR. WADSWORTH: Collier County is wrong for not notifying me. Now, my situation is I have one other vehicle that my wife uses. CHAIRMAN NORRIS: Excuse me. You're not going to try your case here tonight in front of this board. We're talking about amendments to the ordinance. If you have something to say -- MR. WADSWORTH: So what is the solution to my -- where do I park my vehicle? CHAIRMAN NORRIS: Take him. MR. WADSWORTH: Where do I park my vehicle? That's my question. If I can't park it there, where do I park it? SARGENT CANADY: Time's up. Step outside just a minute, please. CHAIRMAN NORRIS: Call the next one, please. MR. WEIGEL: Sheri Barnett followed by the last speaker, Tom Henning. MS. BARNETT: I'm not sure I want to come up here. Good evening. My name is Sheri Barnett, and I represent the Golden Gate Civic Association. I am the president. I basically -- a lot of the points have been covered. And I think just from listening to what I have heard tonight, Iwm wondering if we might just need a definition of commercial. CHAIRMAN NORRIS: Thatws exactly what we need. MS. BARNETT: If we have that definition and it is defined, then it would be enforceable, because it doesnwt matter if itws size, height, weight, is it commercial or is it not commercial? And thatws basically what Iwm going to say. COMMISSIONER CONSTANTINE: Point is well taken. CHAIRMAN NORRIS: Thatws exactly what we need. COMMISSIONER CONSTANTINE: Someone had mentioned earlier well, yeah, I take my kids to school in the morning or whatever. Wewre not saying a commercial vehicle is used exclusively for commercial purposes. I could have an 18-wheeler and drop my kid off at school in the morning, but it would still be fairly clear that that wasnwt my family vehicle. COMMISSIONER HANCOCK: Could be very popular with the kids. COMMISSIONER CONSTANTINE: Very popular. COMMISSIONER HANCOCK: Blow the horn again. COMMISSIONER CONSTANTINE: But, you know, I mean, it doesnwt have to be exclusively commercial. It seems like some common sense. I think youwre right, we need it. MR. HENNING: Commissioners, I donwt want to be repetitive. Mike Whittenberg, I think, is -- COURT REPORTER: Could I get your name, sir? MR. HENNING: Oh, Tom Henning. Mike Whittenberg cleared up some of the things that I wanted to say, and some of that, identifications of commercial vehicles. Thank you. CHAIRMAN NORRIS: Okay. Is that the last speaker? MR. WEIGEL: That was the last speaker, sorry. COMMISSIONER HANCOCK: We asked for -- we talked defining commercial. I have yet to see a passenger step van, a passenger cubed van, a passenger box van, or a passenger flat-bed type truck. There are some types of vehicles that exist solely for commercial purposes, and that is -- you know, thatws not disputable so as far as -- you know, wewre looking for clear definition here. We have a problem with the one-ton rating because some things they want covered and theywre not and therews all kinds of modifications. If we put size restrictions on it, again, wewre establishing rules that therews going to be exceptions to. Therews going to have to be some level of discretion on the part of the code enforcement officer, and thatws why therews an appeal process to the Code Enforcement Board. If therews any modification to be made to this, in my opinion -- I have just kind of crafted something together. Either itws appealing or not. If itws not, thatws fine, and wewll just leave it as is. Any vehicle used in conjunction with a commercial or business activity including but not limited to any step van, cubed van, box van, flat-bed type truck or passenger vehicle, structurally modified specifically for commercial application. COMMISSIONER MATTHEWS: What are we going to do about the automobiles and station wagons which are definitely passenger vehicles but have commercial signage on their sides? COMMISSIONER HANCOCK: Nothing. COMMISSIONER MATTHEWS: Okay, I just want to make that clear. COMMISSIONER HANCOCK: And, again, they have not been structurally modified for commercial application. Putting a camper on a truck does not count, because you can do that to a passenger vehicle. But once you make a structural modification with commercial application, it triggers. COMMISSIONER MATTHEWS: So it seems to me then what you're talking about doing is that this -- we do not want to include passenger-type vehicles that are specifically manufactured by the manufacturer as a passenger vehicle? COMMISSIONER HANCOCK: Provided they have not been modified with -- COMMISSIONER MATTHEWS: Well, what would be code? Simply modify and put a seat in it? COMMISSIONER HANCOCK: I have a guy on my street that has a van with one seat in it and he stores things in it. But if I have to look in his window to find out if it's a passenger vehicle or not, I think that's going too far. What -- what we're talking about is has it been modified so when it sits in the driveway it looks like a commercial vehicle. COMMISSIONER CONSTANTINE: If you're looking in his window, you are going too far. COMMISSIONER HANCOCK: I think I am, too. COMMISSIONER CONSTANTINE: I agree with your point. I think -- first of all I understand what you're saying, but we're not going to craft wording that covers every single instance that's ever going to come up and that's where the discretion of the code enforcement officer is important. And that's ultimately why there's a Code Enforcement Board and a court of law -- COMMISSIONER MATTHEWS: Exactly. MR. CONSTANTINE: -- so if it's disputed, they can decide. But I think you have covered a lot of ground there that wasn't previously covered or clarified ground that wasn't previously clear but still keeps the strong intent. COMMISSIONER HANCOCK: And if you have that one-ton vehicle with a big metal box on the back, you have altered it for commercial application. It triggers. I'm having a tough time under this finding the gray area. COMMISSIONER MAC'KIE: I would like to hear from staff. It sounds good to me. I'd like to hear what their opinion is. COMMISSIONER CONSTANTINE: We're also going to need to come back in two weeks so that during the two weeks ensuing we can work with the folks who have been putting it together to start with. MS. SULLIVAN: Staff, like I told you, brought this matter to the public forum just because we knew if we suddenly started trying to enforce the ordinance as it has not been enforced for a long time, we would get a public outcry. And I think there's been some indication of that. The public needed some courtesy here. CHAIRMAN NORRIS: Exactly. That point has been raised, yes. MS. SULLIVAN: Staff, you know -- as long as staff can get some direction as to -- to what you want, we will be happy to do it or write it. We want to be clear as to what you want, actually. COMMISSIONER MATTHEWS: Mr. Chairman, could I ask another question? CHAIRMAN NORRIS: Sure. COMMISSIONER MATTHEWS: Ms. Sullivan, when these people who were here tonight telling us that suddenly after X number of years their vehicles were being cited, were they first given a warning before they were cited and asked to correct and maybe somebody worked with them to identify what ways that they could correct the problem, i.e. screening? COMMISSIONER CONSTANTINE: Along the same line if I understand the question, is our regular policy according to the ordinance, even though you red-tag, to try to work with the people, or do we just try to take them to court immediately? MS. SULLIVAN: No, no. There is -- there is one other issue which I -- which I think I need to bring up. The reason that we don't take these cases to the Code Enforcement Board -- if you will look at the Code Enforcement Board ordinance, it says that when we take something to the Code Enforcement Board, the violation has to be existing or be dismissed. What happens is somebody parks their vehicle there the day before the Code Enforcement Board. They knew when we go to the Code Enforcement Board and they said is the violation existing, no, dismiss it. It's back the next day. That's why we're trying to get this citation procedure through. Either the Code Enforcement Board ordinance needs to be changed or, you know -- COMMISSIONER CONSTANTINE: Before you start talking about how we need to change it, let's talk about how it was enforced originally. But I think in answer to your question, why don't we do -- the first step isn't to go to CEB or to court. The first step in to try to work with them and get compliance. CHAIRMAN NORRIS: Okay. Let's see if we can make some closure on this. Go to page 77 and division 6.3, definition of commercial equipment. I don't see anything in there that I object to. I think that helps the Code Enforcement Board -- COHMISSIONER HAC'KIE: Agreed. CHAIRMAN NORRIS: -- I mean, the code enforcement department to operate the changes that are there. Because we have had problems because a trailer was left connected to a truck of some sort. COHMISSIONER CONSTANTINE: But under commercial vehicle I like Mr. Hancock's definition. COHMISSIONER HANCOCK: Let me restate that if I may, because it would then be my request to move that this language be included for our hearing in two weeks. Under commercial vehicle, colon, any vehicle used in conjunction with a commercial or business activity including but not limited to any step van, cubed van, box van, flat-bed type truck or passenger vehicle structurally modified specifically for commercial application. COHMISSIONER MATTHEWS: I have got problems, because you're saying any vehicle, any commercial vehicle. And I think you're then pulling the cars and station wagons into it. COHMISSIONER MAC'KIE: If they have been modified specifically for commercial purposes. COHMISSIONER HANCOCK: You're talking about the first part that says any vehicle used in conjunction with a commercial or business activity including -- COHMISSIONER MATTHEWS: Including but not limited to. COHMISSIONER HANCOCK: Then Mr. Weigel might have an answer, because the statement, "including but not limited to," states perimeters but not absolutes. So what follows, then, says these are the guidelines that we will go by but they are not absolute guidelines. We can go outside of them. And a passenger vehicle with commercial signing on it is not cited there; is that a fair approach? MR. WEIGEL: That's correct. But remember to take into context the fact that that's only the definition that you're dealing with right there of commercial vehicle. But under Section 2.6.7.3.1 at the top of the next page of the agenda packet is, in fact, paragraph number four which specifically exempts automobiles and passenger-type vans. So if you take those two paragraphs together, the one, the definitional paragraph, commercial vehicle and looking at this section I just cited which starts out saying it's unlawful to park a commercial vehicle, you have got your definition keying into the first sentence there, and then you have got the exemption under sub part four, and I think that they will work together that way. COMMISSIONER HANCOCK: Let me craft that exemption more appropriately for the wording. CHAIRMAN NORRIS: Delete number four altogether. COMHISSIONER HANCOCK: Delete four except that you would have to leave in automobiles, passenger-type vans and pickup trucks not structurally modified specifically for commercial application. COMMISSIONER MATTHEWS: I can deal with that. COMMISSIONER HANCOCK: And that takes care of Commissioner Matthews' concerns. COHHISSIONER MAC'KIE: Okay. It's better. COHMISSIONER CONSTANTINE: We'll give Mr. Weigel the leeway to tweak that a little bit between now and two weeks from now before we hear it. COHMISSIONER HANCOCK: Beyond the language I suggested on commercial vehicle, I would also suggest a change under item four of Section 2.6.7.3.1 would be revised to read as follows: Automobiles and passenger-type vans and pickup trucks not structurally modified specifically for commercial application. COHMISSIONER CONSTANTINE: Next item. CHAIRMAN NORRIS: Vince has a comment. MR. CAUTERO: Thank you, Mr. Chairman. Vince Cautero for the record. I believe that's easily interpreted, and I believe that the way it's reading -- reads now is easily interpreted, but we did have that debate and slash four. I would suggest you put in semicolons or bullet items or something like that, because we can still get into the situation with the new language that we have with the current language. I agree with Ms. Student's opinion that she rendered last year with the one ton. I know you're not talking about weight in this case, but the -- the latter part of that sentence says pickup trucks having the weight load capacity of one ton or less. My staff's opinion is the same as legal's in this case in that the latter part of the definition deals just with the pickup trucks when you're talking about one ton or less. We still may get into a situation with the wording that you're proposing, so I believe and/or is needed or semicolons or bullet items to make it clear. COHMISSIONER HANCOCK: That it applies to all vehicles. MR. WEIGEL: All of which -- all of which are not structurally -- MR. CAUTERO: Maybe something like that. COHMISSIONER HANCOCK: Whatever can be crafted to accomplish that, I am fully agreeable to. CHAIRMAN NORRIS: I think Mr. Weigel has his direction on that. And that's 2.6.7.3.1 paragraph four. COHMISSIONER MATTHEWS: Right. CHAIRMAN NORRIS: Okay, now, let's go back. The definition for commercial equipment, we all agree that that will stay as amended? COHMISSIONER HANCOCK: Agreed. COHHISSIONER HAC'KIE: Yes. CHAIRMAN NORRIS: And the commercial vehicle definition we will take as amended or suggested by Commissioner Hancock and ask Mr. Weigel to make sure that meets the need. COHMISSIONER HANCOCK: To dot my I's and cross my T's. CHAIRMAN NORRIS: That it's legally sufficient. And that I think clarifies the definition of a commercial vehicle which is what we're trying to do. COHMISSIONER MATTHEWS: Can I ask one final question? We are eliminating, then, the -- CHAIRMAN NORRIS: Size. COHMISSIONER MATTHEWS: -- restrictions on size? CHAIRMAN NORRIS: Right. COHMISSIONER MATTHEWS: Okay. So we're going to call a commercial vehicle a commercial vehicle. CHAIRMAN NORRIS: That's what we're trying to do. Okay. So we are done with that item, Mr. Hulhere. MR. HULHERE: On page 79 it's just a minor change. Certain requirements for submissions for conditional uses. It was permissive. It said "may" and we require that people submit them so -- COHMISSIONER CONSTANTINE: Shouldn't that be "shall" instead of "should"? COHMISSIONER MAC'KIE: If you want to require it. COHMISSIONER MATTHEWS: If you want to require it, it should be "shall". CHAIRMAN NORRIS: It should say "shall"? Okay. MR. HULHERE: On page 80 it starts -- again, I believe to an extent over the years we have had some questions on certain variances that have come through, and we decided to take a comprehensive look at how other communities and how the current professional literature treats variances. The traditional language that, you know, there be a hardship related to the land is basically -- I think Ms. Student can testify -- comes from the original Police Powers Act which is 75 years old. We have tried to really update our language. Mr. Nino looked at the research and worked on this. COHMISSIONER MAC'KIE: We heard about this in a variance hearing that we were having trouble with. And it is exactly what Mr. Nino told us we would be seeing as an improvement. I think it's an improvement, so unless somebody has questions about it, I would rather not discuss it all night. COHMISSIONER HANCOCK: I don't have a problem with the wording proposed. COHMISSIONER MAC'KIE: I think it's a big improvement. CHAIRMAN NORRIS: Tell me again what this accomplishes, this change in wording. COHMISSIONER HANCOCK: My understanding on the direction was it takes away the only criteria that we have been using which is hardship and basically says, look, if it doesn't hurt anybody and it's really immaterial to everyone else, then it's okay. MR. HULHERE: Or if it promotes the public health, safety, and welfare. COHMISSIONER HANCOCK: Right. Which is something that we were missing because we have been using the strict test of hardship. We found over time that some of these made sense but didn't meet a hardship test, and we had no ability under a consistent approach to approve it. MR. HULHERE: We don't -- we don't think it in any way weakens the ability to deny a variance that isn't justified. It just gives us a little bit more grounds to look at unique circumstances. CHAIRMAN NORRIS: Let's say we had a variance to a zero setback on a side yard, for example. We would then lose the ability to require landscaping along that side yard because there's no room because we went to zero; is that a health safety? MR. HULHERE: It could be. It certainly could be argued that way. It certainly could be argued that way. CHAIRMAN NORRIS: Okay. So with this modification we would have the ability to say you can't landscape, that's a health, safety, welfare issue? MR. HULHERE: I think somebody could make that argument. And if the board felt that was a valid argument, you'd have to wait until you got to the hearing. COHMISSIONER HANCOCK: I would read that section as diminution of regulation is found to have no measurable impact on the public interest, safety, or welfare. I think that would have a diminution on public interest because the community would be impacted by it, so, yes. COHMISSIONER MATTHEWS: Back to buffering. MR. HULHERE: Or whether it was out of character with the surrounding neighbors. I really think this increases our ability -- the staff's ability and the board's ability -- to look at specific issues rather than the broad -- there's no land use hardship, but we feel that this is a justified request or a not justified request. We should be tied basically to a land-related hardship. COHMISSIONER HANCOCK: In your opinion, this does not provide the ability for variance requesting approved as a right in any given situation? MR. HULHERE: No, sir. No. CHAIRMAN NORRIS: Okay. COHMISSIONER HANCOCK: Sufficiently vague. COHMISSIONER MAC'KIE: The lawyers read it. MR. HULHERE: Page 84. Tom Cook is here, engineering section manager. This is some language, and the next few pages actually are some language proposed by he and his staff. I'm going to let Mr. Cook speak to the issues if you have any questions. CHAIRMAN NORRIS: Questions from the board? COHMISSIONER MAC'KIE: Nope. Good practical changes is what they look like to me. MR. HULHERE: Okay. Moving along to page 90 -- nope, page 94. Oh, page 97. This is another change which this board, based on your previous action, may not wish to entertain -- go out on a limb. This was a staff-proposed change to allow for EAB approval for some coastal construction control line setback variances. CHAIRMAN NORRIS: Once again, same argument. I don't believe that EAB ought to have board authority. COHMISSIONER MAC'KIE: That's three. COHMISSIONER MATTHEWS: Yeah, I'm saying I agree. COHMISSIONER MAC'KIE: Tim? He's nodding. That's five. MR. HULHERE: Then the very last change proposed is a definitional change to building height. I just want to let you know that this has been the -- administratively determined. In other words, this is how we have determined the code to date. But we felt it was something we should clarify and explain and even put some perameters on. Thus the 20 foot maximum number height for structures on the top of the roof that would contain, for example, fire suppression equipment, and the one-story limitation on recreational facilities. You have tennis courts or pools sometimes up on top of the high-rise building, and they put a little either like a lanai-type structure or some sort of a -- get them out of the sun type thing. And it's not habitable, and we don't feel as though that should be included in the definition of height. COMMISSIONER HANCOCK: To answer that serious rooftop tennis concern that's floating about the community. CHAIRMAN NORRIS: Say that again, Mr. Mulhere. MR. MULHERE: I think this is specific generally to some of the high-rise buildings. There are requirements for certain types of infrastructural equipment, and they put them on the roof, whether it be telephone equipment or whether it be fire suppression equipment, and they usually put a housing or a structure over that to protect it from the elements. And we have -- we have traditionally not counted the height of that structure toward the maximum height requirement. We talk about habitable floors, and so we have not had that. We just wanted to spell that out in the code a little more clearly. Additionally, there are some recreational facilities on top of those same types of structures. You might have a swimming pool or tennis court. I don't know if we have many swimming pools, but I know we have some -- or just to be able to take advantage of the view, and so they will put a little structure. And we said, you know, if it's limited to one story, that's fine. It's not habitable. CHAIRMAN NORRIS: But this gives it 20 feet; is that necessary to go that high? MR. MULHERE: That actual dimension was placed by the Planning Commission on their -- it was fairly arbitrary, I think. It just -- STAFF PERSON: From the planning review standpoint, I have done a few of the buildings in Pelican Bay and on Gulf Shore. I don't remember ever seeing anything over about 12 or 13 feet unless they did an architectural peak on a roof or something. MR. MULHERE: I think you're probably right unless they designed it. I can think of one -- I think there's one on Cape Marco that has a little sort of building on top that's architecturally designed with a roof. But, yeah, it may be well within the 20 feet guidelines or below, or 15. That was really a fairly arbitrary figure. We just didn't want it to go too high but recognizing some of that mechanical equipment probably exceeds 10 feet. COMHISSIONER HANCOCK: I don't think it's going to be problematic. COMHISSIONER MATTHEWS: What do you mean by habitable? MR. MULHERE: Living space. In other words, you don't have the night watchman or there's no kitchen. COMHISSIONER MATTHEWS: Okay. But if you had a pool or a tennis facility or something up there, if it's not habitable, would that also include a small lounge or a club room? MR. MULHERE: Yes. COMHISSIONER MATTHEWS: So we could extrapolate just a little bit further and have a snack bar and kitchen? MR. MULHERE: Well, I think that there are some circumstances where that exists today. You do have a recreational facility for the people that live in the building, yes, maybe a wet bar or even a bathroom facility. COHHISSIONER HAC'KIE: Isn't habitable where there's a kitchen? I mean, I know in the City of Naples they have made a real clear distinction about if you can have a microwave, you can't have a stove, you can have an oven. It's real clear what's habitable. It's if you're going to live there. MR. HULHERE: Right. MR. WEIGEL: The answer is yes. COHMISSIONER MATTHEWS: Thank you. MR. HULHERE: And we don't want to give the impression that we're allowing someone addition living space up there, but there are circumstances where that exists. COHMISSIONER HANCOCK: A community room with a sink in it. Take advantage of the view. COHMISSIONER MAC'KIE: Ice maker. COHMISSIONER MATTHEWS: Ice maker, rest room with a shower. COHMISSIONER MAC'KIE: Microwave but no oven. COHMISSIONER MATTHEWS: Next thing you know you have got a sleep sofa. COHMISSIONER HANCOCK: Would they do it this way, and I haven't had complaint one or problem one so this is just a clarification. I understand we could probably pick it to death. MR. HULHERE: Commissioner Constantine mentioned two weeks. Actually, just for clarification, the next meeting is on the 8th, so it's three weeks. COHMISSIONER HANCOCK: He's not here so never mind. CHAIRMAN NORRIS: The last one is 6.102. MR. HULHERE: Yeah, the last change is just a change in the bond format that we used, indications that the current bond form is unclear as to expiration date. You have cleared that up, and it's been reviewed by the county attorney's office in support of that. CHAIRMAN NORRIS: Any further comments from the board? COHMISSIONER MATTHEWS: Nope. CHAIRMAN NORRIS: Anything further? MR. HULHERE: We'll bring back these changes with your corrections in three weeks. CHAIRMAN NORRIS: We're adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:45 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JOHN C. NORRIS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Debra J. Peterson