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BCC Minutes 01/23/1996 R REGULAR MEETING OF JANUARY 23, 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 9:06 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: John C. Norris Bettye J. Matthews Timothy L. Hancock Pamela S. Hac'Kie ABSENT: Timothy J. Constantine ALSO PRESENT: W. Neil Dorrill, County Manager Mike HcNees, Acting Assistant County Manager David Weigel, County Attorney Item #3 & 3A AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN NORRIS: Let's call the county commission meeting to order this morning. Mr. Dotrill, could we get you to lead us in an invocation and pledge to the flag? MR. DORRILL: Heavenly Father, we thank you today and as always for the wonderful opportunity that we have to live and enjoy retirement years and run a business, raise a family in Collier County. We thank you for the -- the wonder and beauty of our -- our community. We thank you for the hard work and dedication of the people who want to make a difference in this community, our elected officials, our staff, our many volunteers, and the people who choose to come and participate in the governmental process here. As always we ask and pray that your hand guide the decisions and deliberations of this commission today as they make important business decisions, that you would bless each one of us and our families who support us in the endeavors that we undertake here, and that you would bless our time together. We pray these things in Jesus's name. Araen. (The pledge of allegiance was recited in unison.) CHAIRMAN NORRIS: I see we have a number of changes to our agenda today. MR. DORRILL: Yes, sir. Good morning, Commissioners. We have several changes, and I'll go through these -- these as quickly as I can. We have a number of add-on items this morning. They're all considered to be routine, and one request from the board. First item is 5(A)(1), which will be under proclamations and presentations, as it pertains to a proclamation designating a week as Boy Scout of America Week in Collier County, 5(A)(1). 8(A)(3) is a routine utilities facilities acceptance agreement for a project known as Breakwater in Pelican Bay. 8(A)(4) is a similar request as it pertains to the recording of the final plat of Wildcat Cove. 8(A)(5) is a request to waive but replace the special event fees for a permit for the Cinco De Mayo Festival in Immokalee, and I will tell you we're also going to modify that for a similar request for a special event permit for the Intellinet Golf Challenge in order to meet the schedules for both of those, both Cinco De Mayo, which is a volunteer project in Immokalee, and also the Intellinet Challenge. Item 8(B)(2) is a status report on the Collier County beach restoration project, and there's a -- CHAIRMAN NORRIS: Excuse me, Mr. Dotrill. Is there an 8(B)(1)? COHMISSIONER HANCOCK: I believe that should be 8(B)(1). MR. DORRILL: And if that's the case, that's a typo. It will be 8(B)(1) under public works, the current report on the progress of the county beach renourishment project. 8(E)(1) is a resolution declaring maximum permitted rates for basic service and installation and equipment charges by Continental Cablevision. And the final add item is under the Board of County Commissioners, which is a request and update on the status of the Lely Barefoot Beach guardhouse. I have one item that we would like to continue until your next meeting which will be February the 6th. For the purposes of those at home watching on TV, the board will be in a special workshop next week and will not be in their normal meeting process, item 16(B)(3). COHMISSIONER HANCOCK: There's 8(B)(1). CHAIRMAN NORRIS: There's 8(B)(1). COHMISSIONER HANCOCK: So you were right the first time. Commissioner Norris apologizes. COHMISSIONER HAC'KIE: How do you know? MR. DORRILL: Adopt a resolution for the purposes of the acceptance by gift, purchase, or condemnation certain non-exclusive perpetual utility easements as they pertain to the county utilities well field in Golden Gate. The final item was shown is requested to be withdrawn, but I have just received some updated information that we're going to leave that on the consent agenda. For purposes of the record, I need to modify the recommendation upon receipt of a letter from Jim Ward of the Pelican Bay services division. And with the review of the county attorney, we would like to leave on item 16(B)(6), which is petition AB-95-012 to vacate portions of a drainage easement for a certain parcel of land described in Section 33, Township 48, and Range 25 east. And that will be approved but conditionally upon the receipt of that letter and its review and approval by the county attorney's office. And -- COHMISSIONER HANCOCK: Mr. Dorrill, is there any reason why we can't put that on next week's agenda? Obviously approving this pending material is -- would be -- I personally would prefer to do it after receipt of everything that's required. MR. DORRILL: We certainly can at your discretion. I will tell you that as a matter of practice we will add or leave items on. There are two other items on today for similar requests in order to facilitate property closings. COHMISSIONER HANCOCK: Okay. MR. DORRILL: In this case that's my understanding. There's a property closing that is scheduled. This is otherwise considered a routine item. COHMISSIONER HANCOCK: Okay. MR. DORRILL: I'm told that the letter is actually en route, and that's why I said as long as the letter is received and reviewed by the county attorney, it would normally be a consent item. COHMISSIONER HANCOCK: Fair enough. MR. DORRILL: And that's all that I have, Mr. Norris. CHAIRMAN NORRIS: Let me ask one question on the add-on item 10(C) concerning Lely Barefoot Beach guardhouse. Is this to be just a report, or is it an action item? If it's an action item, I'm not sure that it's appropriate to add it on. This is not an item that I personally would consider a routine item. MR. DORRILL: I had the opportunity to speak to Ms. Matthews yesterday. It is her item, and it was at least my impression that she is going to be seeking some action following the discussion concerning the lack of progress to pursue this issue in front of the Code Enforcement Board. But I'll certainly let her -- COHMISSIONER HAC'KIE: I'd like to hear it, Commissioner Norris, if for no other reason than to get an update on what happened to our December 19th deadline. CHAIRMAN NORRIS: I have no objection to hearing it. My concern is if we're taking action without proper advertisement, then people that are involved in the issue don't know that we're going to do that today, and it's really not -- COHMISSIONER HANCOCK: I will -- I will say that it was my intention to bring it -- add it to our next meeting, because I was about 80 percent through the discussions that I wanted to make or wanted to have. I think that certainly we can have a report, but if we're going to direct code enforcement today, as I believe Commissioner Matthews is hoping to do, I think that's something the public should be notified about. And in this case there was no public legal notification other than articles that the paper carried, which probably does more than the little ads we place. COMMISSIONER MAC'KIE: Yes, I was going to say. COMMISSIONER HANCOCK: But there may be some concern about not noticing properly actions of the board. I -- I don't know, Mr. Weigel. I'm -- again, I -- today or next week is immaterial to me, because I think we're going to have the same discussion, but -- but if there is some public notice benefit to having it next week, that would be my preference as far as taking action today. COMMISSIONER MAC'KIE: So we'll get a report, and we'll make a decision about whether or not to take action after we hear the report. How about that? COMMISSIONER HANCOCK: That's fine. CHAIRMAN NORRIS: Okay. CHAIRMAN NORRIS: Commissioner Mac'Kie, you have any other changes? COMMISSIONER MAC'KIE: No, sir. COMMISSIONER HANCOCK: Motion to approve the agenda and consent agenda as amended. (Commissioner Matthews entered the boardroom.) COMMISSIONER MAC'KIE: Second, sorry. CHAIRMAN NORRIS: We have a motion and a second -- COMMISSIONER MAC'KIE: That's his job. I never do that. He always does that. CHAIRMAN NORRIS: Motion and second. All those in favor, signify by saying aye. Those opposed? We have an agenda. Item #4 MINUTES OF JANUARY 2, 1996 - APPROVED AS PRESENTED We have minutes of January the 2nd. COHMISSIONER HAC'KIE: Motion to approve the minutes of the meeting on my birthday, January 2nd, 1996. COHMISSIONER HANCOCK: Twenty-nine again. Second. COHMISSIONER HAC'KIE: Forty. COHMISSIONER MATTHEWS: Your birthday. COHMISSIONER MAC'KIE: Yeah. CHAIRMAN NORRIS: We have a motion and a second. If your birthday is January the 2nd, that makes you 18 days older than me then. COHMISSIONER MAC'KIE: That's it. CHAIRMAN NORRIS: All in favor, signify by saying aye. Those opposed? Item #5A1 PROCLAMATION DESIGNATING THE WEEK OF JANUARY 21-27, 1996, AS BOY SCOUTS OF AMERICA WEEK - ADOPTED And proclamations, Commissioner Matthews, I believe this is yours. COHMISSIONER MATTHEWS: Is Mary Ann Lorenz (phonetic) and Don Johnson -- are they here? Do you want to come forward while I read this? Come -- keep -- keep coming. Come on. We want to see what you look like. COHMISSIONER MAC'KIE: Face the cameras. COHMISSIONER MATTHEWS: How are you doing this morning? Turn around and face the cameras so the people in the audience can see you. Proclamation: Whereas, the mission of the Boy Scouts of America is to serve others by helping to instill values in young people and in other ways, to prepare them to make ethical choices over their lifetime in achieving their full potential; and Whereas, the values that the Boy Scout program strives to instill are based on those found in the Scout oath and law; and Whereas, the Boy Scout program has served every generation of American youth since 1910 and stands prepared to face the most critical challenges of today; and Whereas, the Boy Scout program touches the lives of some fourteen hundred youth annually in Collier County with the volunteer assistance of nearly 400 adults; and Whereas, the Alligator District, Collier County, of the Southwest Florida Council of the Boy Scouts of America is this night honoring many of those dedicated volunteers during the annual district recognition dinner. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of January 21st through 27, 1996, be designated as Boy Scouts of America Week. Done and order this 23rd day of January, 1996, Board of County Commissioners, Collier County, Florida, John C. Norris, Chairman. I'd like to move that we accept this proclamation. COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second to accept this proclamation. All those in favor, signify by saying aye. Those opposed? MR. JOHNSON: Thank you very much. (Applause) COMHISSIONER MATTHEWS: Do you want to tell us a little bit about the recognition dinner tonight and the types of dates and so forth that might -- MR. JOHNSON: Well, our dinner tonight -- COMHISSIONER MATTHEWS: Sir, the microphone is over there. It has to be on the record. MR. JOHNSON: I'm not used to this. I'm more comfortable in the woods. I'm Don Johnson, and I'm the chairman of the Alligator District of the Boy Scouts for southwest Florida. This evening we honor those adult volunteers who have given so much of their time and resources and talents in helping us make the program of scouting available to these youth in Collier County all the way from Immokalee to Everglades City to Marco Island and, of course, greater Naples area as well. We're quite proud of these young people, and we know that all of our youth are born good, and it's up to us to help keep them good all the way through. So we try to be one of many groups that provides that environment for youth that will enhance their knowledge of what life's all about. Thank you so very much for your recognition. We appreciate it. CHAIRMAN NORRIS: Thank you. We appreciate your efforts. COMHISSIONER MATTHEWS: That's great. Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN NORRIS: Service awards, Commissioner Hancock. COHMISSIONER HANCOCK: It is my pleasure this morning to recognize three employees with service awards as soon as I can find them. There they are. First for five years working in wastewater is Shelly Williams. Hiss Williams. (Applause) COHMISSIONER HANCOCK: She'd rather be at work than here, of course. COHMISSIONER MATTHEWS: That's where she's going right now. CONNISSIONER HANCOCK: Also for five years in pollution is Walter D. Temple, Junior. Mr. Temple. (Applause) COHMISSIONER HANCOCK: And now recognizing for ten years in natural resources, Mac Hatchet. (Applause) COHMISSIONER HANCOCK: It's tough to recognize him unless he's knee deep in mangroves. CHAIRMAN NORRIS: At this time I'd like to just take a short opportunity to -- to address a little problem that has been going on for a couple of weeks. There was a code enforcement action taken against a local restaurant and bar because they were flying a Green Bay Packer flag, and this was causing severe disruption between the communities of -- of Naples and Collier County and Green Bay. So I -- in order to -- to smooth the relations between our two communities and to ensure that there was no further degradation -- COHMISSIONER MAC'KIE: Ahh, the dignity of the office. CHAIRMAN NORRIS: The dignity of the office, I shipped the mayor of Green Bay a crate of oranges, actually honeybell tangelos, which I'm sure they'll enjoy, and requested that he send me a Green Bay Packer cheesehead hat on the condition that I have to wear it during a county commission meeting. So in order to ensure that relations between our two communities do not deteriorate and, in fact, improve to their former status, I'm going to wear the hat during our county commission meeting. COHMISSIONER MATTHEWS: Is that all day? (Applause) COHMISSIONER HANCOCK: I may have got up on a roof, but I wouldn't be caught wearing that thing. COHMISSIONER MATTHEWS: Mr. Chairman, are you going to wear that all day? CHAIRMAN NORRIS: I didn't say I'd wear it all day. COHMISSIONER MATTHEWS: Just at a commission meeting. CHAIRMAN NORRIS: I said I would wear it during a county commission meeting. I think this qualifies. COHMISSIONER HANCOCK: Wait a minute. He didn't quite get a press release. MR. DORRILL: WBBH is scrambling at an opportunity that he would otherwise miss. COHMISSIONER HANCOCK: If a cameraman were ready to scramble, this is it. COHHISSIONER MATTHEWS: We ought to act like we're doing something for the camera; right? COHMISSIONER HANCOCK: The truth is in all of this '- I'd like, you know, to mention last week Ed Hesser, the owner of the Sports Page, did a terrific job and really commending our code enforcement staff and everything. They just had a job to do. He was such a sport about it. And they pretty much allowed things like this and some of the other things we've done to occur, so he'll take a bad situation and turn it good. And I think of no one better than you wearing a cheesehead, Commissioner Norris. CHAIRMAN NORRIS: Okay. On with the meeting then. MR. DORRILL: We did invoice Mr. Hesser and the Sports Page bar $15,000 worth of free publicity we gave him. CHAIRMAN NORRIS: I'm sure we did. COHMISSIONER MATTHEWS: That's all it was worth? Ahh. COHMISSIONER MAC'KIE: At least. COHMISSIONER MATTHEWS: I thought it was worth more than that. Item #SA1 PRESENTATION OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COHMITTEE'S 1995 ANNUAL REPORT TO THE BOARD OF COUNTY COHMISSIONERS - ACCEPTED CHAIRMAN NORRIS: Item 8(A)(1) is a presentation of the Collier County development services advisory committee's 1995 annual report. MR. CAUTERO: Mr. Chairman, good morning. For the record, Vince Cautero, community development and environmental services administrator. Mr. Thomas Peek, your chairman of the development services advisory committee, could not be with us this morning. He had a medical appointment. He asked me if I would make a brief presentation to you. As you'll see in the executive summary, the report is fairly self-explanatory. The committee had a very good year and I feel a productive year with staff working on some various items including budget and finance items, which resulted in a 15 percent fee reduction of most of our development permit fees, and they were very active working with staff on the integrated computer system. You should be seeing a contract proposal for the county in the next few weeks from the information technology department on that. In addition, several areas of the Land Development Code were amended based on recommendations from the committee including an overhaul of our parking standards as well as looking at some criteria for residential lot clearing criteria. Additionally, as the board is aware, late in 1995 the board expanded the committee to include three new classifications and four new members, and two current members were reappointed to the committee. There's a lot on their plate for 1996, and you'll be hearing more about them. And the staff and the committee, which unanimously adopted this report at their last meeting, request that you acknowledge the report and accept it. CHAIRMAN NORRIS: Any questions on the report? If there's no question -- do we have public speakers on this item, Mr. Dotrill? MR. DORRILL: No. COHMISSIONER MATTHEWS: Mr. Chairman, I'm not sure that we need to have a motion, but I think the report is in line with what we've heard that was going to be taking place. CHAIRMAN NORRIS: If you would like, why don't you make a motion to accept the report. COHMISSIONER MATTHEWS: I make a motion that we accept the report then. COHMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second to accept this report. All those in favor, signify by saying aye. Those opposed? We have our report. Item #8A2 APPEAL OF LIEN RESOLUTION 95-673; OWNER OF RECORD - NOREEN CONNOR - DENIED Item 8(A)(2) is an appeal of a lien resolution. MR. DORRILL: Hang on one second, ma'am. Go ahead, Lynn. She'll introduce it; then you'll have an opportunity -- MS. SULLIVAN: For the record, Linda Sullivan, code enforcement director. This is an abatement case that's been going on since March of 1994, and the lien was filed in December of 1995. There was much activity that went on between the negotiations and -- and communications back and forth, and the staff really has no recommendation on this matter. CHAIRMAN NORRIS: Okay. MR. DORRILL: Miss Noreen Connor, go right ahead. MS. CONNOR: My name is Noreen Connor. I received a notice in Hay of 1994 about removal of trees on my property. And I answered this letter that I needed an extension of time, that I could not financially afford to have it done. I was -- I'm unemployed. I just -- I didn't know about the law that had been brought in that the trees couldn't remain on the property. I explained all this in my letter. The request was -- it wasn't answered at all. The trees were just removed without my knowledge of this happening. And then I was sent a bill on this property, and there was also a $200 administration fee, which I told -- I was told before -- I was told a year ago it was going to be removed. And when I -- I talked to -- I talked to a couple of gentlemen up on Horseshoe that -- that this lien was put on there, and the trees were removed, and I should have had more time to do this on my own instead of the county going ahead and doing it. But I -- I should have been notified, or I should have an answer to my letter. I was never notified of this, that it was going to happen. MS. SULLIVAN: If I might, the abatement date, she was -- the violation was noticed in Hay, and the abatement date was June 21st. We received her letter on July the 8th, and that's why we went ahead and bid out the contract for work. Then again on August 24th we had offered her a 90-day extension and some -- and a payment plan, and then the lien wasn't filed until, like I said, December 12th of 1995. I guess what I'm trying to say is we got her letter after the abatement date was over, and the process had already been bid out. CHAIRMAN NORRIS: I see. COHMISSIONER MATTHEWS: Mr. Chairman -- CHAIRMAN NORRIS: Yes. COHMISSIONER MATTHEWS: I just wanted to ask Mrs. Sullivan, does our records show that we notify her? MS. SULLIVAN: Yes, ma'am, I have a green card. COHMISSIONER MATTHEWS: Return receipts -- MS. SULLIVAN: Yes, ma'am. COHMISSIONER MATTHEWS: -- so that she was properly notified of what the requirements were and that if she failed to do this we were going to take action? MS. SULLIVAN: That's right. COHMISSIONER MAC'KIE: Do you have a question, ma'am? MS. CONNOR: They received my letter on July 8th. And the bid, it's saying on here, it wasn't done until July llth. COHMISSIONER HANCOCK: But, ma'am, the question was you received a certified mail piece, okay, that -- that explained the time frame in which you had to respond to the complaint. Miss Sullivan, am I correct then that she did not respond within that time frame? MS. SULLIVAN: That's correct, and the certified receipt is June 6th, and the abatement date was June 21st. COHMISSIONER HANCOCK: That was the gist of Commissioner Matthews' question was that you received a notice of action with a time frame clearly stated in it, and your response was after that time frame. COHMISSIONER MAC'KIE: How much time was afforded for her to respond in the certified letter? I'm sure it's -- I just don't know what the ordinance requires. MS. SULLIVAN: Okay. She signed for it on June 6th, and the abatement date was June 21st. COHMISSIONER MAC'KIE: So there were a couple weeks in there that -- that the county -- I wonder if the letter is clear. Does it say things like abatement date? I doubt everybody would know what abatement is. MS. SULLIVAN: Yes, ma'am. It was mailed out on Hay 31st, but for some reason she didn't sign for it until June 6th. There would have been three weeks or more. COHMISSIONER MAC'KIE: Well, when you got that letter, did you understand that it was telling you if you don't do this the county is going to do it and charge you for it? MS. CONNOR: Yes, I did. But I -- I returned the letter saying that I was unable to do it, and my -- you know, I need an extension of time in order to have this done, and my request was just gone unanswered. I was waiting for an answer to the -- that letter. I never received it. COHMISSIONER MATTHEWS: But -- but it took you a month to respond. I guess that's the problem. And the abatement date was only two weeks, but you took a month. COHMISSIONER MAC'KIE: You know what the abatement date is, when they determine the abatement date? They keep talking about the abatement date. Do you know what they're talking about when they say that? MS. CONNOR: Well, they say June -- they wanted it done by June 21st, which was giving me two weeks to have it done, have the work done. CHAIRMAN NORRIS: But what we're concerned with here is -- is putting a lien on the property, is that right, Hiss Sullivan? HS. SULLIVAN: Yes. CHAIRMAN NORRIS: We're not demanding payment at this -- HS. SULLIVAN: No, not at this moment. The lien was filed in December of 1995. COMHISSIONER MAC'KIE: You understand that that just means that before you sell the property or get a mortgage, it will have to be paid. Interest will be accruing because the county has spent this money to clear the lot. The way it's supposed to work is that the county gives you the option. You can clear the lot, or if you don't do it by the deadline, then the county will do it. And since we've spent taxpayers' monies to clear your lot, we have to charge you interest for that. We file a lien on your property, and then if -- when you go to sell the property or finance the property, it will have to be paid then, but you can wait until then if you're willing to allow the interest to accrue between now and then. Am I right about that, Miss Sullivan? Have I said anything -- HS. SULLIVAN: That's correct. I might add that we made an attempt to contact her by phone on July 7th. We had no address, no phone number at that time except from what we had on the certified receipt that we haven't heard back from them. MS. CONNOR: Well, they did have my address. I did receive the first letter. They could have returned the letter by mail. COMMISSIONER HANCOCK: Let me just understand. You're asking for this entire lien of $890 plus the $200 administrative fee to be removed and forgotten? Is that what you're asking for today? MS. CONNOR: I just feel as if it isn't fair to me to put all of this extra financial burden on me when I'm unemployed. I can't pay this at this time. I couldn't pay it at the time it happened. COMMISSIONER HANCOCK: Okay. You requested a 90-day extension. HS. CONNOR: No, I never request -- COMMISSIONER HANCOCK: You -- then you requested an extension ad infinitum? I mean -- HS. CONNOR: When I wrote the letter, I just told them that I couldn't have it done at the time. I was unemployed. I was waiting for a return answer, and then I found out that -- someone called me and said -- CHAI~ NORRIS: Where is this lot? MS. CONNOR: It's on Marco Island. CHAI~ NORRIS: It's on Marco Island. Okay, what -- what we're saying is going to happen here today is that there -- the lien is on your property. It's going to stay on your property. You don't have to pay that today. You don't have to pay it next week or next month or next year, but you will have to pay it before you can get clear title, which means if you're going to sell it or mortgage it, you will need to pay that. So what we're doing, in effect, gives you really a pretty much unlimited time frame to pay that off if you choose or the choice, the option, of just simply waiting until you change titles. MS. CONNOR: There's also a $200 administration fee. I told -- CHAIRMAN NORRIS: That's correct, because we have expended staff time and administratively -- MS. CONNOR: Well, I was told that was going to be -- CHAIRMAN NORRIS: Excuse me? MS. CONNOR: I was told that was going to be removed a year ago. MS. SULLIVAN: We had made her an offer, it looks like, on March the 24th of 1995, that we would be willing to waive the administration fee if she wanted to work out a payment plan. So staff wouldn't have any -- you know, real problem with doing that. COMMISSIONER HANCOCK: As long as a payment plan is worked out. However, if the lien continues on the property, the admission fee is going to continue; is that -- MS. SULLIVAN: Correct. CHAIRMAN NORRIS: There does not seem to be any unusual circumstances here. What's the pleasure of the board? COMMISSIONER MAC'KIE: It's just not fair for the county taxpayers to do this for your property and not charge you for it, sorry as I am that you can't repay it. The good news is that the county did your work for you, and now when you sell this lot, you'll eventually have to pay for the work that the county did on your behalf. COMMISSIONER HANCOCK: And I will say, Miss Connor, to avoid this -- and I have this problem in -- in several neighborhoods, and people get notice, and I get phone calls. And the only way to avoid this is to have the lot mowed on a regular basis to avoid the buildup of growth of exotics. Vacant lots need to be maintained. They can't be left to grow at will. These exotics will reestablish if it's not taken care of, and you will probably get another violation if they reestablish themselves. So at periodic intervals the lot needs to be mowed to avoid a lump payment like this again in the future. But on this -- on this case I'm going to make a motion to deny the appeal. COMMISSIONER MATTHEWS: I'll second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Appeal is denied. Item #8A3 FACILITIES ACCEPTANCE FOR THE BREAKWATER AT PELICAN BAY - APPROVED AND LETTER OF CREDIT ACCEPTED Item 8(A)(3) concerning the acceptance of Breakwater at Pelican Bay. COHMISSIONER MATTHEWS: Is this just a regular acceptance that would normally be on the consent agenda? MR. DORRILL: It is, and it meets all of the requirements as I indicated earlier. COHMISSIONER HANCOCK: Motion to approve. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. Opposed? Item #8A4 RECORDING OF THE FINAL PLAT OF WILD CAT COVE - APPROVED Item 8(A)(4) is acceptance of the plat at Wildcat Cove. COHMISSIONER HANCOCK: Is there anything unusual, Mr. Dotrill? MR. DORRILL: No, sir. COHMISSIONER HANCOCK: Motion to approve. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. COHMISSIONER MAC'KIE: Can I just comment on those? It seems to me, you know, we have our agenda where we only do public hearings every other time, and then on fifth Tuesdays we don't take any actual action. We do workshops. Is there any reason why these kind of consent agenda items that are land-use related couldn't appear on every week's consent agenda, because we do slow down people's inability to close on their property and move forward in the development of property? Is there a reason for that? MR. DORRILL: We're not opposed to that at all. We're working under board direction to try and concentrate one agenda from one Tuesday being public hearing land-use items, and then the next Tuesday is supposed to be more intensive. But if you want to give me a little discretion to be able to do that, I'm not opposed to that at all. COHMISSIONER HANCOCK: I don't have a problem with it. The only possibility is that if it's on the consent agenda, it can be pulled and placed on the regular agenda. COHMISSIONER MAC'KIE: Of course. COHMISSIONER HANCOCK: But I don't think these types of issues are really that controversial. COHMISSIONER MAC'KIE: Especially with this fifth Tuesday, really this would cost somebody three weeks if they didn't get on today. You know, that's a significant delay in the real world. COHMISSIONER HANCOCK: I don't have a problem with giving that direction. COHMISSIONER MAC'KIE: Good. There's two votes for that, Mr. Dotrill. COHMISSIONER MATTHEWS: Well, there's three. COHMISSIONER MAC'KIE: Okay. COHMISSIONER MATTHEWS: Anything to make the agenda simpler and more concise. CHAIRMAN NORRIS: All right. Thank you. Item #8A5 CARNIVAL PERMIT 96-1 REQUESTING A WAIVER OF PERMIT FEE FOR THE CINCO DE MAYO EVENT TO BE HELD JANUARY 27, 1996 - APPROVED AND FEES WAIVED. FEES ALSO WAIVED FOR THE UPCOMING INTELLINET CHALLENGE Item 8(A)(5) is concerning a permit waiver for the Cinco De Mayo. MR. HULHERE: Good morning, Bob Hulhere, current planning manager. This is a request to waive the permit fee for a circus on January the 27th in Immokalee. COHHISSIONER MATTHEWS: Mr. Mulhere, this is the same permit that we've waived for the last -- MR. HULHERE: That's correct. I think maybe there was somebody here handling it, and they were unaware of the requirement. Therefore -- MR. DORRILL: The purpose of this event are for community scholarships, and likewise we need to make or incorporate a similar request for the Intellinet Challenge as it pertains to local charities that benefit from proceeds of the tournament. COHMISSIONER HANCOCK: Seventy-five dollar fee? MR. DORRILL: I think so. MR. HULHERE: Seventy-five -- two hundred dollar fee waiver for the Cinco De Mayo application, and it's a hundred and twenty-five for the right-of-way permit for the Intellinet Challenge. COHMISSIONER MATTHEWS: I'd like to make a motion to approve both. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second to approve permit waivers. All those in favor, signify by saying aye. Those opposed? MR. DORRILL: We need to process budget amendments, because we don't actually waive fees. We transfer funds. MR. MULHERE: Thank you. Item #SB1 RESOLUTION AUTHORIZING BY GIFT, PURCHASE OR CONDEMNATION CERTAIN NON-EXCLUSIVE PERPETUAL UTILITY EASEMENTS FOR THE PURPOSE OF RESTORING AND REPLACING WATER WELLS AND RELATED FACILITIES IN THE GOLDEN GATE WELLFIELD - CONTINUED TO FEBRARY 6, 1996 CHAIRMAN NORRIS: 8(B)(1) is the former 16(B)(3). Hr. Gonzalez, are you going to handle this one for us? MR. GONZALEZ: For the record, sir, that item was pulled, the one regarding the resolution, and continued to February 6, 16(B)(3). MR. DORRILL: This is the beach renourishment item that was shown as 8(B)(2) but has become 8(B)(1). COHMISSIONER HANCOCK: Oh. COHMISSIONER HAC'KIE: So let's have the beach item. COHMISSIONER HANCOCK: Wait a minute. CHAIRMAN NORRIS: 8(B)(1) is the former 16(B)(3) that has been pulled off? MR. GONZALEZ: Yes, sir. CHAIRMAN NORRIS: Okay. COHMISSIONER MATTHEWS: Okay. CHAIRMAN NORRIS: Who pulled it off, and what was the purpose? MR. DORRILL: The request was to continue that item, Mr. Chairman. 16(B)(3) was the resolution for the easements for the county well field. That's continued until February the 6th. CHAIRMAN NORRIS: Okay. Item #882 STATUS REPORT ON THE COLLIER COUNTY BEACH RESTORATION PROJECT - PRESENTED; STAFF DIRECTED TO INVESTIGATE ITEMS AND REPORT BACK MR. DORRILL: The item that was an add-on item that was shown perhaps incorrectly, 8(B)(2), is, in fact, 8(B)(1), and it is the update on the beach renourishment project. COHMISSIONER MATTHEWS: Okay. CHAIRMAN NORRIS: So we are continuing 16(B)(3)? MR. DORRILL: Until February the 6th. CHAIRMAN NORRIS: Okay. So we'll go to 8(B)(2) which is a beach renourishment item. MR. DORRILL: Yes, sir. MR. GONZALEZ: Good morning, Adolfo Gonzalez with your office of capital projects management. What we would like to do today is give you a status report on the beach renourishment project. A week and a half ago we finished the Vanderbilt Beach segment of the project. Last week we started the Naples Beach segment of the project. As the contractor started placing fill on the Naples section, we noticed that there was some unacceptable material being excavated out of one of the main borrow areas. Essentially rocks anywhere from a golf ball size to a softball size were encountered in that area. To give you a little more history back on the Vanderbilt Beach segment, we were required to do a double layer placement of the material to get the bad stuff on the bottom, the good stuff on the top. After reviewing the possibility of not having the full amount of clean, fine, acceptable sand material available at the remaining borrow sources, we may have to do a double layer approach also for the Naples Beach to, again, insure that we have the high-quality sand material on the top. What we're asking you to do today really is to give us the flexibility of -- of using as many good weather days as possible remaining within this -- this period before the environmental window starts before we can't place sand anymore on the beach. By doing that where -- we'd like to direct the contractor to start the double layering method until we know for sure the extent of the unacceptable material. There is one additional borrow source we have not started dredging from. We think it's got good material, but we're going to do some additional analysis to see if it is. We need some calm seas to get a clam shell bucket over to that area to determine if it's got a good, clean sand material. If it does, we will be able to minimize the double layer cake on the Naples section, but it will be at an increased cost to the contract regardless. I think we can minimize the contract cost by reducing some of the -- the fill volume to be placed on the beach and still be within our -- our contract has -- gives us the ability of placing anywhere from 80 percent to 120 percent of the volume, and it's without a change in the contract price. And we're going to take advantage of that, because we're not sure if there's enough material as was originally planned for that. In addition to that, we have several other changes that -- that have become necessary since the contract was awarded. Some of them have to do with differing site conditions. Some of them have to do with additional permit conditions that were not anticipated at the time the contract was awarded. Dr. Stephen is here if you have any questions regarding any technical matter. Our recommendation is to give us the flexibility of having the contractor be as productive as possible during the good weather days until we determine the extent of the unacceptable material, then come back to you and tell you, okay, this is the worst-case scenario, this is the best-case scenario. CHAIRMAN NORRIS: Commissioner Hancock. COMMISSIONER HANCOCK: This morning's news article was "First Sign the Honeymoon's Over." My office, I've received -- all but one phone call's been extremely positive on the beach renourishment, and that one phone call was advocating the Parker web system, so I'm going to set that aside. But my concern when we start talking about this lower layer -- and help walk me through this if you would, please. Obviously if the beach erodes, this lower layer can become exposed. Is the lower layer designed at a point that the maintenance plan that has been established would replace that upper layer as it erodes without getting to, I guess, a shelly strata being shown? Does a maintenance plan address that to make sure we don't have what is in front of the Ritz today occurring throughout the beach after -- after, you know, two to three years from now? MR. GONZALEZ: Yes, it does. And to give you a little more information about what occurred on the Ritz, unfortunately as we were finishing the Vanderbilt Beach segment, we hit some of that rocky material. By the time the contractor had taken it out of the borrow area, it had to go somewhere. Now, we have not paid the contractor for that segment within the Ritz frontage because it's not acceptable. It doesn't meet our specifications. The contractor is willing to remove the larger rock fragments. We're working very closely with the Ritz's general manager to coordinate his activities with the tourists, the guests of the Ritz hotel, so that we don't inconvenience them to a great extent. So that is -- what you see on the Ritz right now is -- it is halfway through the project. We still have to clean that up, and we're looking at different methods of cleaning it up. But regarding your question as to what happens if we leave it certain elevation below will it pop up two to three years from now. It should not. It should -- the maintenance period should still be the same. Our original contract or design life was eight to ten years before we needed to do some maintenance renourishment. It's possible that we're now down to seven to nine years if we do this double layering. But apparently from our initial observations at the Vanderbilt section, that double layering is actually making the beach more stable, because it acts more as an armoring below a certain elevation, so we may actually have an extended life before we have to go back and renourish for maintenance purposes. We will have to increase the amount of manicuring on the beach for the next few years to make sure that occasionally we rake out and till out the larger rock fragments. That's a possibility that we will have to take for the next few years. COHMISSIONER HANCOCK: Okay. You hit on the Ritz, which was my second question. Obviously this is the height of tourist season. I think they just got their fifth star for the eighth or ninth year in the row, and they have a pretty significant investment there. So I'm glad to hear that's moving along the lines that -- I'm sure if it fails, I'll be hearing from them. But I read something this morning that I thought was curious. We can take it off the bottom. If we think it's unsuitable, we can't put it back. Our permits don't allow us to redeposit material that we draw -- that we dredge up? I mean, you dredge it up, it's got huge rocks, and we have to put it on the beach? I mean, is that -- is that what the permit implies? MR. GONZALEZ: I'm not sure if the permit allows us to throw it back into the sea somewhere, but the problem is that we need a certain amount of volume to have a consistent beach with. So if we still put it somewhere in the system, it will benefit the beach system long term. The sand will ultimately migrate either south or north depending on storms, and it stays within the beach system, which is to our advantage, and hopefully the larger fragments will settle down. COHMISSIONER HAC'KIE: But I remember Dr. Stephen telling us about that there are -- there are certain things we don't have to pay for the quality. Maybe if you would come up. I'm going to have some questions, too, for you, Dr. Stephen, if you could. COHMISSIONER HANCOCK: I just think those discussions of not having to pay for it, I never imagined -- COHMISSIONER HAC'KIE: -- that we had to keep it. COHMISSIONER HANCOCK: -- that we had to keep it. I don't know where I thought we'd put it but -- DR. STEPHEN: Good morning. For the record my name is Michael Stephen. And I am not happy to be here with this -- with this issue in this circumstance, but I think that these are the kinds of things that the whole reason why we have differing site conditions sections in the contract. The -- really what happens, when the contractor loads a barge offshore, he physically doesn't have any way to unload it. Those barges are completely sealed up, welded shut so that we don't have leakage in the transport process. And so the only way he can get it out is to pump it up onto the beach, and I think that's what he was referring to. I did not talk to him specifically about it, but I read the newspaper article. Once it's on the beach, it is definitely deemed unacceptable material in its present location and, thus, as Adolfo indicated, there are a number of steps that are being undertaken. They're -- we're trying to work very, very closely with the Ritz. I was out there with them yesterday working to meet with some of the people that they're coming in as they -- in fact, we accompanied a writer who was at the Ritz up to the middle of the beach at Vanderbilt. And this person was -- exclaimed about the quality and the magnitude of the project, and I think that once they got up onto the main part of the fill and they came back, it helped put the problem at the Ritz a little bit into perspective with respect to the overall magnitude of the project. Nonetheless, it is of total magnitude to the Ritz specifically. So the contractor has a piece of equipment on site that's to be there this afternoon that will start to -- we'll do a test section and see how that performs. We have -- we have several alternate sources of good material that have been -- all we need is a brief letter to DEP if we want to -- if we can't rake it up, we'll get surface material on there. Remains -- even if we have to go that far, it remains to be seen exactly how the costs will be distributed. There may be an additional cost because it was unspecified material. COHMISSIONER HAC'KIE: We have to keep the material if we don't like it? What happens to it once we -- I mean, I understand that there's a portion that -- and the armoring stuff makes sense that the layering will use a portion of it, but at what point will we decide no more from that site, and what -- how does it physically get moved from the beach at the Ritz if it's going to be used as an underlayment down farther south? DR. STEPHEN: Well, they would loosen -- we still have work area within which we have the ability to loosen with a big three-pronged tilling rake that is pulled behind a bulldozer and goes down a depth of about 36 inches. The beach is still very much under construction. In fact, that kind of tilling has to take place up and down the entire length of the Vanderbilt fill. We also have to have sea oats planted, irrigation put in. So from the contractor's standpoint, he has the opportunity to have a bulldozer in there worst case to push that material out onto the toe of the fill underwater and then come back; he can rake it. And if it's cleaned up and is satisfactory, then we don't have that -- have that disposal problem or if we pile it up, put it in a truck and haul it out to the landfill. COHMISSIONER HAC'KIE: Because if it's -- it sounds like what the worst case there is we kind of push it off into the edge of the water. But if it's too rocky we don't want to do that, because kids are swimming around there. DR. STEPHEN: Right. COHMISSIONER HAC'KIE: So if it's unsuitable for that purpose, you put it in trucks and take it off. DR. STEPHEN: Right. COHMISSIONER HAC'KIE: And how many days do you guess we will -- it will take before we know whether or not we're going to leave that borrow site? DR. STEPHEN: The -- we have been waiting for the weather to calm down just a little bit to -- the contractor is going to send a clam shell into the borrow area C to take some samples. So hopefully within the -- within the week we will have more specific information and be able to refine a plan. You know, part -- our question -- and with notice to you, we're to keep you informed and to help you make decisions. It really -- it's sort of a policy issue in terms of whether you want to try and hold the line on the budget and cause our work with the contractor and the design to reduce the width of the beach and go with exclusively clean fill or hold the -- the design width as much as possible and negotiate with doing additional work and attempt the layering. So -- COHMISSIONER HAC'KIE: When will we be needing to make those kinds of decisions? DR. STEPHEN: Well, we have already received one -- we sent a plan, a draft, to the contractor. They've sent one back to us. We have edited that, and we're preparing a response today. We will be -- we also have completed a biologic survey of an access corridor in the vicinity of the beach club that will expedite and make the pumping easier. It shortens the pumping distance. We'll get that up to the DEP. Hopefully within the next week or two we would hear enough to be able to finalize a plan, gain acceptance and a price finalization from the contractor and get that back to you. But it could take a little longer depending on -- COHMISSIONER HAC'KIE: So am I -- am I hearing that you already know that we're going to have to make a choice about whether or not to spend more money for the quality of beach at the width we had expected? Do you already know that? MR. CONRECODE: Yes. DR. STEPHEN: Yes. COHMISSIONER HAC'KIE: Okay. I mean, it's better to give us notice and let us be thinking about it. MR. CONRECODE: For the record, Tom Conrecode from public works division. Let me just add some perspective. First of all, the material, the rocky material that we found, is about between 5 and 25 percent by volume. They found it in a couple of different areas. It's -- minus 30 feet is a layer of it. What we want to do is provide the people in this community with the best beach we can, the most width we can. And we think the dual layer approach is the best way to accomplish that in that we put the material that has 5 to 25 percent by volume of rock down into the water and then cover it with 3 or 4 feet of good, fine sand. There's still plenty of good, fine sand out there. COHMISSIONER HAC'KIE: But is that what we've done so far at Vanderbilt, or is that -- MR. CONRECODE: No, that's what we did at Vanderbilt. COHMISSIONER HAC'KIE: Okay. MR. CONRECODE: And we've had a very successful project. It was a slightly different material that was used at Vanderbilt than it is that's being used at Naples beach. But we think with this discovery that the best solution is the one we're bringing to you today. And what we're asking today is for you to allow us during this next two- to three-week period, where we work on the details and discover the extent of the rock, some permission to administer the contract, because we've got a very tight window. And if we just ignore the next two weeks and stop working, we're going to lose an opportunity to put -- place a lot of beach fill. COMMISSIONER MAC'KIE: And in the next two weeks, you aren't -- I wouldn't want you to make the decision that Dr. Stephen just posed about do we have nattower lovely beach or wider, less than perfect sand. That's not the decision you're asking us to give you the discretion to make, is it? MR. CONRECODE: Well, for all intents and purposes, yes. I'm asking you to allow me -- we've weighed -- we've laid out about four different options in terms of what we can do with the beach. And the reason this came to you today as an add-on is because I didn't think we could wait two more weeks. So I wanted you to give myself and Adolfo some leeway in administering this contract to go ahead and place some of this material and cap it with 3 to 4 feet of good, solid sand. This still has that same good, fine sand in it, but it has rock chunks. COMMISSIONER MAC'KIE: But, Tom, why if -- that sounds acceptable to me. What you're proposing is let us use this less -- this imperfect sand as a foundation for what we promise will be more nice sand to go on top, that's fine. But what you're saying today is and if you do that you have made -- you've also deferred to us the choice on are we going to widen -- are we going to have it as wide as we want -- as we originally planned, or is it going to have to be nattower? Are we making that -- MR. DORRILL: Our desire -- let me see if I can help put this in the proper context. Our desire is to have as wide a beach as possible with the very best available material. In order to put this in the context -- let's -- let's look at Vanderbilt Beach as an example. How many total cubic yards were placed along Vanderbilt Beach? MR. CONRECODE: About 330,000 cubic yards. MR. DORRILL: Of the 330,000 yards what fraction at the very southern end was or has been determined to be absolutely unacceptable in front of the Ritz-Carlton? DR. STEPHEN: Approximately 10,000 yards in the first estimate. MR. DORRILL: That helps put this in the proper context. Now, I will tell you when I was advised of this last week -- and I've already been to Vanderbilt. We have now restaged to Fifth Avenue South, and we're working in the city, and they've begun at Fifth Avenue South and will work south past the pier and down to the southern end of the project. And then the final phase will be to go up and do what I call the Park Shore phase. And I will tell you that when I went to Fifth Avenue South last week, that material that is there appears as good or from my -- COMMISSIONER MAC'KIE: Absolutely. MR. DORRILL: -- layman's perspective better than some of the material at Vanderbilt Beach. And so I don't want the headline tomorrow to be, you know, that suddenly we've struck rock. Of 330,000 cubic yards we found 10,000 yards of material that we don't think is acceptable. COMMISSIONER MAC'KIE: And all of that makes sense. I've heard one thing that's got me concerned, and I must not be articulating it well. I heard Dr. Stephen say that you may have to come back to us with contract amendments and that we may have to decide if we're going to build the beach as wide as we contracted to build it. MR. CONRECODE: I can answer that. COHHISSIONER HAC'KIE: Okay. MR. CONRECODE: I will tell you that because of the discovery of some of this rock material it's going to cost more money to do the project. COHMISSIONER HAC'KIE: It's going to cost more money to build it as wide as we originally contracted? MR. CONRECODE: Yes. COHMISSIONER HAC'KIE: And so you're going to give us a choice later. We're not making that choice today? MR. CONRECODE: What I want to do is give you the choice in steps. I don't want to lose this next two weeks -- COHMISSIONER HAC'KIE: Okay. MR. CONRECODE: -- while we're trying to discover the extent of the rock. So we want to build -- the beach was designed at X. We're going to build it at X wide, so we do not want to sacrifice any of that. But if you come back and say absolutely we don't want to spend another penny on this project, then we're going to say, okay, then the beach has to be nattower, and that's what Dr. Stephen -- COHMISSIONER HAC'KIE: And I want you to go forward and use the good weather days and want you to layer the sand the way we were talking about. I just don't want you to decide outside of a public hearing whether or not we are adjusting the width of the beach. MR. DORRILL: No, we don't have the authority to do that. COMMISSIONER MAC'KIE: Okay. MR. CONRECODE: But what we do want you to do is allow us -- your purchasing policy limits us to $50,000 worth of change order, and we'd use up that $50,000 in probably a day, so we're asking you in this particular case $400,000 to allow us to do some dual lift while we try to discover the extent of the rock. MR. DORRILL: As necessary because we may -- we may continue to find that the material is perfectly acceptable, and we may come back two weeks from now and say we spent $175,000 or, you know, we spent $375,000. We need a little bit of latitude in order to maintain the width of the beach with the quality of sand that we expect to -- to be there. And what's the contingency for this project; 4 million dollars? MR. CONRECODE: Yeah, from what was originally estimated for construction, we still have 4 million dollars we're under the original estimate. MR. DORRILL: And I think Mr. Conrecode's point to you is the work done and the work done by Mr. Gonzalez is let's don't get cheap here for two weeks until we can see the board again. We've got an adequate contingency, and give the staff the authority with the engineer's approval to use two lifts as necessary to maintain the width that we want and assuming that the sand is -- is there and in the quality that we want it. COMHISSIONER MAC'KIE: Last question, and I'll promise to stop. If there were some -- some reason -- because, again, the workshop stuff worries me on the scheduling. I guess it's a Mr. Weigel question. If there were some reason why we needed to make a decision next week, is it possible to do some sort of advertising or just -- just investigate that, I guess, is all I'm saying? MR. WEIGEL: Okay. COMHISSIONER MAC'KIE: I don't want the two-week delay because of a workshop to cost us any more money or -- CHAIRMAN NORRIS: I think we're going to give that direction today. I think we're going to give interim direction today. MR. DORRILL: I've also asked the staff to provide me with some additional documentation on items 3, 4, and 5 on page 2 of the executive summary. And so if we would modify our recommendation to allow me to approve those subject to the additional documentation that I would like to see in our -- in our haste to bring the big issue to you this morning, they're trying to do some other housekeeping-type work that is required as a result of special conditions as part of our permits. And I'd like to see -- I don't -- I don't have any doubt that it's there, but because it's not here this morning, I'd like the opportunity to review that. The sum total of that's $140,000. COHMISSIONER MATTHEWS: Okay. Mr. Conrecode brought out the question that I wanted to bring out is that we are still 4 million dollars under our early estimates of what this was going to cost so -- MR. CONRECODE: Yes, ma'am. COHMISSIONER MATTHEWS: -- as we progress down this path to a new beach we may find that there are extra costs that we're going to -- we haven't done this before, and it's -- it's new. And with that I'd like to make a motion that we approve the four recommendations in our package, that is to approve the change order, to approve the necessary budget amendments, to authorize the OCPH director to execute the change order, and authorize additional change order authority, and the fifth item Mr. Dotrill just asked for, that he receive additional documents related to this and that we get on with putting more sand on the beach. COHMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: Commissioner Hancock? COHMISSIONER HANCOCK: My question's on two items; on the change orders, the outfall extensions at the mansion house and the Naples Beach Club. All of the others apparently on the surface are things, in essence, discovered as we move along the project. These two, however, don't appear to fall under the same line as -- you know, I'm just curious why in the engineering phase we -- we fell short of the proper design on these two outfall locations. MR. DORRILL: That's the documentation that I have asked to see -- COHMISSIONER HANCOCK: Okay. MR. DORRILL: -- in addition to the DEP's additional turbidity monitoring requirement at $40,000. COHMISSIONER HANCOCK: Thank you for giving us what we asked for, but we want something else now? MR. DORRILL: Yes, after I've had a chance to review that, I'll be happy to share it with you, because I think we need a little better documentation. COHMISSIONER HANCOCK: Okay. I'd like to see justification on those. Again, I -- if -- I believe the motion maker -- did you include Mr. Dorrill's -- COHMISSIONER MATTHEWS: It includes that, yes. COHMISSIONER HANCOCK: Okay. With that, the only other statement I have is it's important to understand that we don't have a crisis here. COMMISSIONER MAC'KIE: Oh, no. COMMISSIONER HANCOCK: We have a short section of beach that needs to be reworked, and the rest of it is proceeding as well as can be expected. And I think that's probably the most important thing to come out of this today. COHMISSIONER HAC'KIE: We have a hiccup. We don't have a crisis. We have a hiccup. This is not unanticipated, so -- CHAIRMAN NORRIS: Well, we have a motion and a second. All those in favor, hiccup. Those opposed? It passes unanimously. Item #8C1 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT TO OPERATE AND MAiNAGE THE TENNIS FACILITY AT PELICAN BAY COHMUNITY PARK - STAFF DIRECTED TO READVERTISE AND ISSUE AND RFP And we're off to 8(C)(1). Hr. Brinkman. MR. BRINKMAN: Good morning, Steve Brinkman, your parks and recreation director. And we are bringing back for your consideration -- as you're aware, we went out for bids on the Pelican Bay tennis courts, and we did that so that we could provide reservations for folks who were using those courts, provide maintenance, provide some sort of supervision at that site, and also to try to make sure that the youth were taken care of as far as having some access to the courts at no charge. We had one responsive bidder, and right now we have basically three options, and that is direct staff to negotiate with the sole responsive bidder, consider an eight-court operation and place the operation back out for bid, or allow the parks and recreation department to operate the facility. If the parks and recreation department would go ahead and operate the facility, we feel that we would want to try to provide an operation that would be a year-round operation from 8 in the morning until 9:30 at night seven days per week. We would have a reservation fee of $6 for an hour-and-15-minute period. We figure that we could generate about $76,000 in revenue against costs that would be 45,000 -- approximately 45,600 for staff and 20,000 for maintenance which would leave about a $10,000 profit as opposed to the contractor estimate of a seventy-five hundred dollar profit the first year. Under our operation we would also like to provide free use for 17-and-under youth in the community for nonprimetime hours at the tennis complex so that they would be able to use that at no charge. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: First of all, I think we might need to change the structure of the bid. If it's not profitable enough that private enterprise should do it, it's probably not a good idea that the county do it. So I think we may want to look more seriously at going from four courts to six. I read the minutes of the parks and rec advisory board when this item was discussed, and there were some questions about the number of courts left for hourly reservation, those left for public play. I took a ride down there. There are no kids playing on those courts. There is some serious tennis on those things, because they are really the only public Har-Tru courts that are in the area. So the idea of leaving four open to the general public that don't have to be reserved is a great idea, but in truth they're being utilized by some pretty serious tennis players on a daily basis. So I read in the minutes that there might be the possibility that a -- we'd get better or more responsive bids if we went to maybe six courts for reservation instead of four. Is that a fair assessment, Mr. Brinkman? MR. BRINKMAN: Yes, the more -- in fact, actually most of the people who were submitting bids on this would actually prefer eight versus six. COHMISSIONER HANCOCK: Right, and probably for 12 if we wanted to build 4 more. I guess I'm looking for the -- I still want to maintain some open for non, you know, reservation play. I think that's a good idea and one we need to hold. But these are expensive courts to maintain, and any revenue we can produce to offset those maintenance expenses are -- are worth looking at. And I guess rather than -- than push ahead with the county stepping in and trying to do it when private sector won't even touch it is a bad idea. So I'd rather see us go to a new proposal of maybe six courts with -- if you want to do an add option of eight, you know. COHMISSIONER MATTHEWS: What -- why don't we -- or can we do this, Mr. Brinkman, kind -- kind of put the project open for the private sector to say what will work here? And if -- if we're seeing now that 17-and-under youths are not using the courts anyway and -- and if the county were to operate it, it would be at $6 an hour, period, one of the proposals that I listened to was something like $5 for the entire day from -- from the private sector, and they said they could make it work. So they would get an hour and a half, I think, or an hour of reserve time and then open play for whatever the balance of the day would afford. And -- and perhaps the best way to do this, since it's a beautiful facility and it's a shame to have it underutilized and improperly used, just to kind of put the RFP out and see what the private sector says is the best way to operate it. COHMISSIONER HANCOCK: I can guarantee you we're going to get back eight courts. I mean -- COHMISSIONER MATTHEWS: Oh, yeah, uh-huh. But if -- if we put a requirement in the RFP -- in the RFP that they address the use in the area and, again, one of them I heard was a possible scholarship fund to cover the $5 a day for 17-and-under players. So, I mean, there's -- there's lots of ways that the private sector can handle the problem and design a program that will function. Let's see what they say. CHAIRMAN NORRIS: Mr. Brinkman, how many Har-Tru courts do we have on Marco Island at that facility? MR. BRINKMAN: Well, actually we're -- we have two down there in addition to three additional hard courts. We're going to be building three additional clay courts at the Marco location. COHMISSIONER MATTHEWS: Aren't there four courts down there, Har-Tru -- I mean four Har-Tru? I thought there were. CHAIRMAN NORRIS: Just two. Any public speakers on this item, Mr. Dotrill? MR. DORRILL: No, sir. COHMISSIONER MATTHEWS: I'd like to make a motion then that we give direction to our staff to readvertise this and design the RFP in such a way that we address minimum requirements to meet the needs of the youth and -- but to otherwise provide a -- a program that will generate adequate franchise fees to the county and also provide a workable, well-run program for the courts. COHMISSIONER MAC'KIE: I just -- one -- I'm not a tennis player. I don't know about these, you know, specialized courts and all that kind of stuff. But didn't I hear what Commissioner Hancock is saying was that these aren't courts that young people aren't using anyway? COHMISSIONER MATTHEWS: No, they aren't, but if they want to come, they can. And if they -- if there are young people in the area who want to use the courts, I'm asking that the RFP be put out to consider that fact and that we -- that we ask the private sector to come up with -- with a method for allowing young people to use the courts at virtually no cost. COHMISSIONER MAC'KIE: And we're not worried about their ability to make a reservation? They can do that. It's the cost factor. COHMISSIONER MATTHEWS: It's the cost factor. COHMISSIONER HANCOCK: Young people are not -- this park was built with impact fees, citizens' local tax dollars. So I have a concern when we go to a complete reservation system on all courts, that if there's no walk-on ability, someone who is either new to the area or visiting or, you know, you can draw any number of scenarios, it would appear as if the county park is catering to subscribers, and I just want to make sure at a minimum level. COHMISSIONER MATTHEWS: Isn't that what Marco Island is, though? COHMISSIONER HANCOCK: Well, we didn't build Marco Island. COHMISSIONER MATTHEWS: Well, I know. But we're operating it, and that's how we're operating it. COHMISSIONER HANCOCK: Well, that makes it acceptable for you. For me it's not. COHMISSIONER MATTHEWS: Well, I'm not saying it is. But I'm saying that's what we're doing. COHMISSIONER HANCOCK: Okay. I need -- you know, however you want to put this -- I'll second the motion, but I'm not going to support something that puts all eight courts on a reservation, period. I'll just make that statement. Okay, so that's where I stand on this. I'll support the motion to put this out to bids and get a more responsive bid. But when it comes back, I want to see some ability for walk-on play. Even though they're Har-Tru courts, they're the only courts in the immediate area open to the public. The closest ones other than that are Veteran's Park, and those are all asphalt. So, you know, I would like to see some ability for open play there. CHAIRMAN NORRIS: Okay. We have a motion and a -- it has been seconded. All those in favor, signify by saying aye. Opposed? Item #BE1 RESOLUTION 96-22 DECLARING THAT THE MAXIMUM PERMITTED RATES FOR BASIC SERVICE AND INSTALLATION AND EQUIPMENT CHARGES BY CONTINENTAL CABLEVISION FORMERLY COLONY CABLEVISION ARE REASONABLE - ADOPTED 8(E)(1) is a resolution concerning cable television. MS. GANSEL: Good morning, Commissioners, Jean Gansel from the budget office. The county had received a request from Continental Cable for a rate change. All of the proper documentation has been filed with the county. Staff has reviewed this and are recommending the rate change that they have requested. COMMISSIONER MAC'KIE: Going up or down? MS. GANSEL: It went up 2 cents from $12.58 to $12.60 per month for basic service, which is the only portion of the programming that the county regulates. COMMISSIONER MAC'KIE: Is there a reason we have to do this today as an add-on? I mean, I'd love to get to look at the packet. I got it this morning. MS. GANSEL: The reason is we have to approve the rate before January 31st. We have been working closely with the FCC because the forms are very complex. And because of the government shutdown, we have had a lot of problems interacting with them. And we didn't want to bring it forward until we had final resolution of some of the issues that we had concerns about from the Federal Communication Commission. So this is the reason we put it on at this point. COMMISSIONER MAC'KIE: I -- I haven't been here when we've dealt with these cable issues yet, so this is not my shot at the cable company to try to get their rates lower or talk about what their service ought to be? This is just some sort of rubber stamp thing we're doing here? MS. GANSEL: We have reviewed the information that they've provided, and based on what they're required to provide to us, these rates are reasonable. We will be bringing back in about a little over a year new contracts with the cable companies. And at that point we would have an opportunity to look at all of the services provided to renegotiate new contracts with some -- COMMISSIONER MAC'KIE: Mr. Weigel, what I'm being asked to do today is just to say have they complied with their contract in proving that the rate's reasonable? Is that what today's about? MS. GANSEL: Exactly, and that it conforms with the FCC rulings as to what information they need to provide to us, that this has been provided and that the rate is reasonable. MS. ASHTON: If you'd like me to comment for the record, I'm Heidi Ashton, assistant county attorney. These rates will go into effect January 31st whether or not you adopt this resolution. Staff did take the time to review the rates and found them reasonable. That's why the resolution is before you today. COMMISSIONER HANCOCK: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: Any public speakers on this item? MR. DORRILL: No, sir. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? COMMISSIONER MAC'KIE: Let the record reflect the lack of enthusiasm on that aye. Item #9A REPORT TO THE BCC CONCERNING THE USE OF THE COUNTY'S DEPARTMENT OF REVENUE TO COLLECT THE ROYAL COVE SEWER SPECIAL ASSESSMENTS - DOR DIRECTED TO COLLECT ASSESSMENTS CHAIRMAN NORRIS: 9(A), Mr. Weigel, you have a report on revenues -- department of revenue, Royal Cove sewer assessments? MR. WEIGEL: Yes, and I'll be joined by Assistant County Attorney Mike Pettit. He has the bulk of the report, and I'll probably chime in from time to time. Thank you. MR. PETTIT: Good morning, Commissioners. Mike Pettit, for the record, from the county attorney's office. Just to put this in some historical context, we -- on December 19, 1995, you adopted a resolution to proceed to collect the Royal Cove sewer assessment by the uniform method through the tax collector. At that time the department of revenue recommended that the board consider having that collection made through the department of revenue by placement on the utility bill, the water bill, to those properties. And the department of revenue also presented some documentation that this would not only reduce the overall cost of the assessment to the folks in Royal Cove, but would also flatten out that shock that was going to occur with the first few years of the assessment if it was done by the tax collector on the tax bill. The board asked us to report back about what we thought about this method, and we've done some research. We've had conversations with the department of revenue. First point is the board under the special act that created the water and sewer district, I believe, has the power to adopt an alternative method of collection generally. So that's -- that does not seem to be a problem. The only issue there is that we will need to have a public hearing because the way that section reads, when you do any kind of a special assessment and you provide for a levy and collection and so forth, it requires that you publicize that just as if we were going to change our rates for water and sewer services. And we believe that it would be appropriate to do it that way and have a ten-day notice in the newspaper and so on and so forth and also do it by ordinance, a proposed ordinance, come back to the board with a proposed ordinance outlining the method of collection. Now, a couple other issues were lurking out there. We had already contracted with the tax collector and the property appraiser to do this. Our office has been in contact with them now, and they say they have no objection if we decide to go this other route. So that -- that problem's gone. The only issue that remained then for us to look at was the question of what happens if somebody doesn't pay. The department of revenue suggested that we could shut off water bills as a first-line method of collection, and then the fallback method would obviously foreclosure on a lien on the property. With respect to the shutoff, there is case law in Florida that supports the shutting off of one utility to collect a utility bill for another if those utilities are deemed to be interlocking and have a logical relationship. And there's a Florida Supreme Court case that says you can shut off water if somebody doesn't pay their sewer bill because of the relationship between the two types of service. I think that gives us a good analogy to support the use of the shutoff mechanism here, but I want to place this caveat on the record. It appears to be an issue of first impression in the courts. The department of revenue's advised our office that other jurisdictions have used this method. I haven't located any challenges to it. COHMISSIONER HAC'KIE: What'd the supreme court say; you can turn off water when people fail to pay sewer? Isn't that exactly what we're doing here? MR. PETTIT: It is and it isn't. It is in the sense that -- that in that case we were talking about service. Here we're talking about shutting off somebody's water to collect a special assessment for payment for capital improvements or installation of a sewer system. COMMISSIONER MAC'KIE: I see. MR. PETTIT: That's a fine distinction. I think that the analogy is there to the supreme court case. One issue that -- that may be out there is the situation where we might have a customer in Royal Cove who is not the property owner, and we've discussed that issue with the department of revenue, and I think we would obviously review that before we would resort to a -- to a shutoff in that particular situation. I don't know that that situation exists out there, but that -- I think that there is by analogy ability to do that. As I said, though, it's not a -- it's not something a Court's passed on. Second issue, of course, would be foreclosure if it came to that. The negative there simply is that that would eat up some staff time, I guess, particularly for our office if we were involved in foreclosure. And the board would be in the position of considering whether they wanted to proceed with a foreclosure on a property to collect a special assessment. So all in all it appears that this is a viable method to proceed. And I think we're here today simply -- if the board issues us to go that route, we'll work with the department of revenue and also with public works to bring an ordinance back to proceed in that fashion. CHAIRMAN NORRIS: Commissioner Hancock. COMMISSIONER HANCOCK: I think it's important here to recognize -- and I'd first of all like to thank Mr. Pettit for his work on this. We -- between he and the department of revenue, there's really been an attempt to try and find a way to handle this situation in the most painless manner. And I think the difference between this and maybe MSTUs we've looked at in the past and in the future is that this was not a community requesting a service. This was a community that was, in essence, affected by a third party or an outside party. The county's kind of been thrown into the position of remedying the situation, fixing what's broken, even though we didn't cause it. So I think we have a limited situation here of about 24 or 25 residences. We have a situation that is not a typical MSTU in that it did not come from the residents themselves as much as did another situation. I think with that being recognized, tailoring the payment ability here or method of payment is -- is warranted. So I'll -- I'll -- if the board has any other comments, fine, but I'm prepared to make a motion to direct the department of revenue to collect the Royal Cove sewer special assessments in accordance with what Mr. Pettit has reviewed here today. COMMISSIONER MATTHEWS: I'll second. CHAIRMAN NORRIS: We have a motion and a second. Are there any public speakers on this, Mr. Dorrill? MR. DORRILL: No, sir. COHMISSIONER HAC'KIE: Question. CHAIRMAN NORRIS: Yes. COHMISSIONER HAC'KIE: The property appraiser and tax collector say they don't object, but are we going to get a bill from them? Did they spend a lot of time on this? MR. PETTIT: I'm going to be frank. I don't know how much time they spent. I suspect it's very little, because it's my understanding they didn't have to do much up to this point. There might have been some work done by the property appraiser to identify the properties out there at some point during the proceedings this fall. COHMISSIONER HAC'KIE: But it's truly one of those that nobody is objecting to? MR. PETTIT: That's my understanding. COHMISSIONER HAC'KIE: How pleasant. MR. WEIGEL: Mr. Chairman, I'll add that I spoke with both the property appraiser and the tax collector personally in that regard, and they were very cordial and flexible in regard to our suggestion here. And, further, I would understand from the motion then that you are, in effect, directing staff to bring back an ordinance relatively promptly which would effectuate the direction of the -- of the motion. And within that ordinance will -- will be provided the type of payment that will be looked toward over a time. And as an aside, Commissioner Mac'Kie had provided to me -- had mentioned to this board and provided me with some history about the City of Naples and some plans that they had used to pay back on -- for payment on projects. And I had called Dr. Woodruff who put me in contact with Dick Gatti, the city engineer, and Bill Harris, their finance director, who both told me that for Avalon Park, Big Cypress, and Seagate projects, they did, in fact, use reserve funds to -- for the city to finance projects out of their reserve enterprise funds allowing flexibility for payback in some -- the people that were affected, responsible for the -- for the benefit or capital improvement to their property, add a range of options from immediate payback or to pay over time with interest, always looking to a minimal 6 percent interest return. It even provided an option of not paying at all, and the lien runs with the property until a transfer sale. We can, in fact, bring back in our ordinance those options. You can pick and choose. With the proper advertising you can determine just what you want. But the public, both affected public -- directly affected public, the residents of Royal Cove, we would propose we would mail notice to them of exactly what is going as well as the normal advertising legal requirement that we have. And then the board at its hearing date on the ordinance could determine the flexibility of financing that it wished to do. And it would appear that we could conceivably follow what the City of Naples has done in some circumstances. I'll add that they also stated that it's always been for projects less than a million dollars and that they are apparently relatively abundant in reserve funds. I don't know how we are in that regard, but we can check up on that. COHMISSIONER HAC'KIE: Is that something -- just a small aside. I was asking you to look at that in particular with regard to Naples Park and the ability to finance that. Are you following through on that? MR. WEIGEL: Well, we are. But, of course, Naples Park is -- the reason I'm bringing this up is because Naples Park is in the vicinity of 4 million. COHMISSIONER HAC'KIE: I understand. MR. WEIGEL: And so it may work fine for the smaller project but may not be available for the Naples Park project. COHMISSIONER HAC'KIE: Thank you. MR. WEIGEL: Thank you. CHAIRMAN NORRIS: In light of Mr. Weigel's comments, do you want to make any additions to your motion? COHMISSIONER HANCOCK: My motion is consistent, in fact, with Mr. Weigel's comments. CHAIRMAN NORRIS: Okay. In that case then we have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #10A RESOLUTION 96-23 APPOINTING NANCY MCLEAN TO THE GOLDEN GATE COHMUNITY CENTER ADVISORY COHMITTEE - ADOPTED 10(A) is an appointment of member to the Golden Gate Community Center Advisory Committee. COHMISSIONER MATTHEWS: Yeah, we have one -- one applicant and one member -- COMMISSIONER MAC'KIE: Second. COMMISSIONER MATTHEWS: -- ship open. I'll make a motion we approve. COMMISSIONER HANCOCK: Normally I'd defer to Commissioner Constantine on this, but one and one, you know, pretty simple math. COMMISSIONER MATTHEWS: And he's not even here, so we can't defer to him. I'll make a motion that we appoint Nancy McLean -- COMMISSIONER MAC'KIE: Second. COMMISSIONER MATTHEWS: -- to the Community Center Advisory Committee. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. Opposed? Item #10B RESOLUTION 96-24 DECLARING A VACANCY ON THE PRIVATIZATION PLUS TASK FORCE - ADOPTED All right. 10(B) is a recommendation to declare a vacancy on the Privatization Plus Task Force. COHMISSIONER HANCOCK: I make a motion to declare the position held by Carol A. Morris vacant. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: There's a motion and a second. If there's no further discussion, all those in favor, signify by saying aye. Any opposed? Item #10C REQUEST OF AN UPDATE FROM STAFF ON THE STATUS OF THE LELY BAREFOOT BEACH GUARDHOUSE - ITEM TO BE PREPARED FOR THE FEBRUARY 6, 1996, AGENDA We then move on to item 10(C). Commissioner Matthews, just before you entered the room this morning, we were having a discussion here about is it your intention to have action on this item today? COMMISSIONER MATTHEWS: No. I've reviewed the minutes from the November 21st meeting, and the minutes indicate that we had anticipated that this be resolved by Christmas, and then later we talked about a December 19th date. And Commissioner Hancock was very hopeful and had even mentioned to bring it back by the first meeting in December and which, of course, it has not come back. And my purpose today is to get an update on it, where are we headed with it. CHAIRMAN NORRIS: I think a couple of the board's members expressed concern that since it's an add-on item and it's not a routine item, that if we're going to take action on it, it may not be quite the appropriate thing to do. Perhaps if action is necessary, maybe we schedule it for the next available meeting. COMMISSIONER MATTHEWS: That's fine. That's for the board to do, but I'd like to have some idea of -- since we're more than a month after December the 19th at this point, to have some idea of where -- where we're going. The board on November the 21st seemed pretty adamant that we wanted this agreed upon and if we couldn't get an agreement, that we would go forward with code enforcement. And I just want to know where we are. COMMISSIONER HANCOCK: Commissioner Matthews, I don't pretend to have a perfect memory, but I believe I did give an update at the December 19th meeting under Board of County Commissioners communication. So the item hasn't been left completely fallow where the board's concerned. But I'll be more than happy to tell you where we are today, and I think this is going to outline what direction, if any, needs to be taken next week, because I do anticipate some direction next week one way or the other. Either let's get this thing solved, or let's let it go the route that it was going to go at some point earlier. What the board came to in our workshop at the Golden Gate Community Center was, in essence, at that time called a compromise of -- of moving the existing guardhouse from its present location -- COMMISSIONER MATTHEWS: Uh-huh. COMMISSIONER HANCOCK: -- to the right side of the roadway in tract A. And if you're looking to compromise, you're trying to throw all of the elements into it, that seemed to make sense. It's -- a guardhouse still remained for monitoring traffic after park hours, and it was stuck over on the right in tract A. And so we agreed that a guardhouse could exist on the right side of the road on tract A, and everyone seemed to be happy with that. Well, it's kind of like, you know, putting different parts of an animal together and expecting it to get up and walk. When you step back and look at it, I've never, ever seen a guardhouse on the right-hand side of a road. There's good reason for that. It doesn't make a heck of a lot of sense. And to the residents of Lely Barefoot, the few that I -- I talked to and their representatives, they -- they told me two things: first of all, that there were some insurance concerns for the safety of the individuals, safety of their -- the guard under their employ having to walk in front of cars if they wished to speak to a driver or -- you know, it's just a little awkward. And I think where we are -- and I don't pretend to speak for everyone in Lely when I say this, but they can put that guardhouse in tract A without anything from this board. They don't need to sign a piece of paper. They don't need to do anything. They can go tear theirs down and build it in tract A tomorrow if they want to, so they don't need our help to do that. What I sense that they're looking for is either a guardhouse that is located between the two inbound lanes or in the median, which at least I know has been ruled out in the past by a couple members of this board. And I understand the reason for that. The current guardhouse has said to be imposing. It's at the front of the guardhouse. You pull in. You don't know if it's a gated community or an open park. What I would like to ask today and get a feel from you on is if that guardhouse were to be made significantly smaller and moved back adjacent to tract A, whether it's in between two inbound lane still providing additional or better access to the public or whether it's in the median, say, only being 12 or 14 square feet in size instead of what's currently there. If that's an acceptable solution, then we have something really to -- to move ahead with starting today. If it's not, if it has to go -- if it's this board's direction that it has to go on the right-hand side of the road, that's the only place it can go, then I suggest we put it on for next week's agenda to proceed -- proceed with code enforcement, because I don't think that's a solution that the people in Lely Barefoot Beach are going to be happy with, and we're going to end up contesting it anyway. COMMISSIONER MATTHEWS: Uh-huh. COMMISSIONER HANCOCK: So I really think that's the impasse we're at right now. And since this is a discussion item, I would be happy to hear of either of the options that I've outlined, a much smaller guardhouse being located in between the two inbound lanes or in the median, if either of those is acceptable. I know we'll have some public comment on it, too. CHAIRMAN NORRIS: Since the beginning I've been of the position that this is not as difficult a matter as it's turned out to be. I think there's -- there's any number of reasonable solutions that can be brought forward to satisfy the needs of both interests here, and I don't see any reason why we can't do it personally. And if that's what the board wants to do, I think we should put it on our next available agenda and have some -- have another presentation and go forward with doing it. COMMISSIONER MATTHEWS: I've got no problem with it being on the agenda for the 6th at all. I -- I just wanted to know where -- where we are going with it because I'm -- I, too, am getting the letters and the phone calls that we're all getting. And as you say, we haven't heard anything as to what's really going on in the meetings for the last month or so. COMMISSIONER HANCOCK: It was left -- at my last meeting it was left between -- Lely Development Corporation was to speak to the homeowners' association, and then it kind of fell apart from there. And I'll -- I'll take responsibility for that. I mean, you know, I didnwt get in there and crack the whip, but the idea was -- as I mentioned in December, the idea was that -- to -- to get it resolved in short order. And I think wewre all tired of talking about it. COMMISSIONER MATTHEWS: I think we are, too. COMMISSIONER HANCOCK: There are reasonable solutions, in my opinion, out there. And rather than debate them in theory today, why donlt I outline those for next Tuesday. Iill provide them to the press ahead of time so that anyone in the general public who wants to have discussion or debate on it can. We donlt -- I donlt want anyone sandbagged on this. I mean, what Iive said today is exactly what Iim going to say next week is -- COMMISSIONER MACIKIE: Two weeks. COMMISSIONER MATTHEWS: In two weeks. COMMISSIONER HANCOCK: Welve said a guardhouse, itls permitted in the PUD. The question is where and where can we provide improved access and still provide what the PUD allows residents of Lely to have. COMMISSIONER MACIKIE: Well, youlre asking for -- for input from other board members on whether or not they would like the idea or -- of a guardhouse somewhere other than in tract A? As far -- so, Mr. Weigel, a question that Iill have is how in the heck can we do that, because that would be an illegal -- weld have to amend PUDs or something, because the PUD says they can have their guardhouse on tract A. I donlt see how we can do anything other than what the ordinances permit, and Iim not excited about doing anything other than what the ordinances permit. COMMISSIONER HANCOCK: That may be a prime location for the argument of -- when the original PUD was drawn, tract A was not as itls defined today. Therels a tract R that the roadway is located in that was never defined in the original PUD. COMMISSIONER MACIKIE: But it was part of A. COMMISSIONER HANCOCK: Well, it wasnlt part of anything. It didnlt exist. The original PUD, tract A had a diagonal line that went forward of where it currently sits. Now, the language in the PUD was never changed. The -- the -- the plan in the PUD was never changed. And, you know, Iim going to leave it for the attorney for Lely Barefoot to make that argument. But I can see that one coming, you know, in two weeks, you know, the -- itls like, you know, I just think to propose a solution that doesnlt make a heck of a lot of sense is not where we want to be. And if the courts is where this needs to be decided, then thatls where it needs to be decided. So thatls really -- those are our options at this point. COMMISSIONER MACIKIE: And -- and my -- my last comment is that while I appreciate the mayaculpa (sic) down there, Commissioner Hancock, I think where the ball has been dropped is where itls been dropped a hundred times so far in the years of history on this, and that is that the developer keeps -- delay is a victory for the developer. And I donlt -- Iid hate to have said this twice because I know with my children it does not work. If you tell them, you know, do it now or youlre in trouble and then you donlt hold to it, they donlt listen so well the next time. And welve done that once with this developer, because we said solve it by December 19th or welre getting out there with the bulldozer with code enforcement, and we didnlt do it. But now itls kind of hard to tell them we really, really mean it this time. But we really, really mean it this time. Welve got two weeks to settle it, or welre code enforcing. COMMISSIONER HANCOCK: Letls make no bones about it. Two weeks from now we'll make a decision. We're either going to proceed with the plan, or we're going to start code enforcement action on that date, period. COMMISSIONER MATTHEWS: May I ask also, Commissioner Hancock is going to make a proposal available to all of us prior to the 6th. Is that what I just heard you -- COMMISSIONER HANCOCK: Yes, I'm not going to give it to you the morning of the 6th. That's not fair. COMMISSIONER MATTHEWS: And I'd like our attorney, Mr. Weigel, to look at that plan and look at our leases and the land management agreement and so forth that we have with the state. After all, the state has intervened. And it doesn't matter what we do; they've got to agree to it and to -- to give us a heads up on the 6th as well if, in your opinion, this plan meets the agreements that we've agreed to and signed on to years ago. CHAIRMAN NORRIS: Okay. Mr. Dorrill, I would imagine we have some public speakers. MR. DORRILL: Yes, sir, but only three. Mr. Rosenberger, if you would, please, sir, and then Mr. Timbers, if I can have you stand by, I appreciate it. Mr. Rosenberger, good morning. Go ahead. MR. ROSENBERGER: Good morning. My name is Victor A. Rosenberger. I'm one of the 668 taxpayers in Lely Barefoot Beach, and I'm also president of -- of Barefoot Beach Club Condominiums, phase two. I'd like to point out one thing, that while this time has gone by, both gates have been up in deference to the commission and the public. Secondly, I'd like to point out also, as Mr. Hancock was pointing out, that the county put a guardhouse at the entrance to the preserve on the right side of the road, and it's my understanding that the rangers who are working the guardhouse to collect the $3 fee were threatening to quit because they had to walk in front of cars to get to the driver's side. And the guardhouse was moved from the right side of the road in the preserve to the center of the road at the preserve as a result of this activity. The only thing I have to say at this point is that I'd like one of the commissioners, the chairman or our representative, Mr. Hancock, to ask the county attorney if this action is appropriate, because the facts of this case are before the Court. Now, is the county board usurping the judgment of the Court when the guardhouse is before the Court? COHMISSIONER MAC'KIE: I'm -- I'm going to butt in there and give you time to think and tell you that -- that if the Court had issued an injunction, then we would be -- our hands would be tied. Until the Court tells us no -- they have the right to tell us no, but they haven't yet, and that's going to be my position. MR. ROSENBERGER: What is the county attorney's position? MR. WEIGEL: I'll respond to a question from the board if the board so asks. COHMISSIONER HANCOCK: Mr. Weigel, I believe what Mr. Rosenberger is asking is -- MR. WEIGEL: I understand. COHMISSIONER HANCOCK: Nice tact. I like that. Simply, my understanding is that we can proceed with code enforcement action if we deem it necessary, okay. The current action and suit filed in court, does that prohibit us from -- from proceeding with code enforcement action should we deem that it's necessary? MR. WEIGEL: Well, the answer is right, and it is no, as Commissioner Mac'Kie stated. There's no prohibition by the Court, obviously not serendipitously. We have all of the parties in the court in a judicial forum, but the county has its own quasi-judicial forum that is fully constituted and has the ability to act on issues of -- of the county such as violation of county ordinances. We've had the -- the information and/or threat from the interest opposing the property interests that are opposing the county that filed the suit against the county in court saying that they would seek injunction if we went forward with code enforcement. That doesn't mean that they'll get it. Previously I had informed the board that I thought there may be a likelihood that it would occur, the Court noting that all of the same parties and most, if not all, the same issues are before the Court at the same time. But it's not a done deal until the Court acts. CHAIRMAN NORRIS: Thank you. Thank you, Mr. Rosenberger. MR. ROSENBERGER: Thank you. MR. DORRILL: Mr. Timbers and then Mr. Keller. MR. TIMBERS: For the record I'm Richard Timbers. I'm a resident of Lely Barefoot Beach. I've been active in this gate issue for approximately three years, and as we all know, it has a life of its own. I would like to read a letter that I sent to the master board just recently. I want for the record that the commissioners understand that I am not speaking for the board. I'm not speaking for our attorneys. I am speaking only as a private citizen in this matter. I am not a member of the board. Thank you. And this is a letter that I wrote to the master board, and I revised it just slightly. At an informal meeting yesterday I was asked my position regarding the gatehouse. Let me state I have spent three years involved in this problem, and I believe the following things; one, the gatehouse should stay where it is currently located. It was properly permitted by Collier County. All our documents prove this. It seems to me we are now conceding, at least in our minds, that we should allow the county to force us to move it. We, the property owners, are the injured parties. Why should we be punished because the county made a mistake eight years ago in allowing the gatehouse to be built where it is now located? What useful purpose does it serve to move it south 100 feet just to satisfy CABB? CABB stands for Citizens Association of Bonita Beach. By their very name they are not a Collier County group; yet they refer to our Commissioner Constantine as their hero. Two, if the guardhouse is moved south a hundred feet, it must be located in the center of the road. It is totally impractical, dangerous, et cetera, to locate it on the west side of the road. Three, if we go to court -- and I firmly believe we should to once and for all determine our rights -- we should immediately lower our gates right or left; I don't care which one. Paten, both gates are currently raised during the park hours and have been for the last several months. But we must provide and have one gate up for unrestricted access to the public -- that is their right, and they deserve it -- and one gate down to attempt to control access to our property. With crime on the increase, we bought in a gated community, which we must maintain our -- we must maintain our commitment for the security of our residents. Think of the vicious murders at the Cracker Barrel Restaurant. We will not give an inch on this. Let the courts decide. Who should pay? Collier County made a mistake and gave the Lely Corporation a permit to build the guardhouse where it is now located. It was previously located in the middle of the road opposite the sales office. The Lely Corp. should be paying for this fight. We should be sending them our attorney bills. If the guardhouse is moved, our taxes should be lowered, and we should sue the Lely Corporation for selling us property in a gated community when in reality it is not a gated community. Four, we should continue negotiations and have -- and until we find that the proposals of the county are unsatisfactory and/or the county stites -- starts its administrative process to fine us. At that time enjoin the county in continued lawsuits we have started before the so-called negotiations started. I think we have enough documents to make a strong case for keeping the gatehouse where it is, controlling excess traffic on our road and determining the total number of parking spaces to park. P.S., last year, October 1, 1994, to September 30, 1995, 164,595 people visited the park. This more than proves we have complied with the access agreement and, to the best of my knowledge, there have been no complaints from the public. I thank you very much. COHMISSIONER MATTHEWS: I think there was one more speaker, Mr. Dotrill. MR. KELLER: George Keller, concerned citizen. I've been -- I've been fighting with this thing for -- what are we going on here, about -- COHMISSIONER MATTHEWS: Longer than we ever -- MR. KELLER: -- ten years? Host people -- long before any of you people were here. And we know the reason why this gatehouse was put up in the first place. The county commission decided that they wanted somebody to regulate the people going in that park after hours to prevent vandalism and whatnot, and so they permitted the gatehouse. Lely Corporation illegally sold the property as a gated community. It was an unfortunate thing that the commissioners permitted the gatehouse there in the first place, but they didn't permit it to be put there to be designated as a gatehouse community. It was put there for one single reason. Now, the part -- the county is the -- is the county going to -- in order to collect, they're going to have to collect fees on that property, on that beach right now; right? Didn't we decide we were going to collect fees on the beach? COHMISSIONER MATTHEWS: We're doing it. MR. KELLER: Okay. So the county's going to have a person staying there, no matter where you have the gatehouse, and they're also going to collect fees. That same person is going to close that gate as soon as the park hours are over. They're going to open it when the park hours are over. That gatehouse -- the park should be a separate gatehouse than the gatehouse for the private -- so-called private community. The gatehouse for the private community should be on private community property, not on the right-of-way that the state has. Don't forget, you know, most people think that we -- that Lely gave us that, all those right-of-ways. We paid a big buck for the right-of-ways we've got to get to that beach. In fact, we probably paid more than Lely paid for the whole damned thing. So we -- they never gave us a thing, and they didn't -- these poor people, I feel sorry for them because basically if I was in their position I'd be suing Lely because Lely misrepresented them. The same -- every salesman that sold property there to these people and told them it was a gatehouse community misrepresented them. And the law right now as it's on the books, they -- they have a right to sue, and they should sue. They should be suing Lely, not the county. But the county should definitely decide where the county wants their gatehouse and how they're going to control aggress (sic) and egress during the park hours, period. And Lely shouldn't have had anything -- anything to say about when people can go in and out of that park. Thank you. CHAIRMAN NORRIS: Do you want to make a motion of some sort or just give direction? COMHISSIONER HANCOCK: I don't think a motion is necessary. I think just give direction to staff to put this item on the agenda in two weeks for the board to make a decision at that point whether to proceed with code enforcement action or to establish a plan and finalize it, period. CHAIRMAN NORRIS: All right. I concur. Everybody concurs. Mr. McNees, is there any public comment registered this morning? MR. McNEES: No more speakers. CHAIRMAN NORRIS: Let's take about a five- or ten-minute break, then come back. (A short break was held.) Item #12B1 PETITION PUD-95-13, BARBARA H. CAWLEY OF WILSON, MILLER, BARTON 7 PEEK, INC., REPRESENTING IMHOKALEE HOUSING PARTNERSHIP, INC., REQUESTING A REZONE FROM "A-MDO" TO "PUD" TO BE KNOWN AS GARDEN WALK VILLAGE PUD FOR PROPERTY LOCATED ON THE SOUTHWEST SIDE OF S.R. 29 AND OPPOSITE FARM WORKERS VILLAGE - CONTINUED FOR 3 WEEKS AT THE REQEUST OF THE DEVELOPER CHAIRMAN NORRIS: We'll reconvene the county commission meeting. We're into the advertised public hearing portion of our meeting this morning on item 12(B)(1). MR. BELLOWS: For the record, Ray Bellows from current planning staff presenting petition PUD-95-13. Barbara Cawley of Wilson, Miller, Barton and Peek requesting to fezone a 17-acre site from agricultural with mobile home overlay to PUD to be known as the Garden Walk Village. Petitioner proposes a 240-unit multifamily property located on the south side of State Road 29 and opposite the Farm Worker Village. As you can see, the site is designated NC or neighborhood center on the Immokalee future land use map. It allows for a density of 12 units per acre. It's opposite the high residential district which allows for eight units per acre. COMHISSIONER HANCOCK: Just on that point, Mr. Bellows, what's the intent of the NC zoning district? MR. BELLOWS: The intent of the NC zoning district is to provide for mixed uses such as for government facilities, day care, limited commercial-type neighborhood, commercial activities, and multifamily housing. COMMISSIONER HANCOCK: Does the wording indicate that that mix needs to occur on a single project site or just throughout the NC zoning? MR. BELLOWS: Throughout the NC. COMMISSIONER HANCOCK: Thank you. MR. BELLOWS: As you can see on the maps, they plan a park, a family support center throughout the county or throughout the Immokalee area, excuse me. Since the project density is 12 units per acre, the petition is consistent with the Immokalee future land use development and the density rating system. The traffic analysis indicates that there are 1,320 trips per day, which could be generated, which exceeds a 5 percent significance test on State Road 29. However it will not lower the level of service on State Road 29. It will still operate at acceptable standards. The Environmental Advisory Board reviewed this petition, and they determined that no adverse impacts will be created by the development. The adjacent properties are also -- to the west are also within the NC district, so they can also develop 12 units per acre or commercial or -- or other uses that are permitted in NC district. The Collier County Planning Commission reviewed this petition on January 18th, and they recommended approval by a five-to-one vote. Any questions? CHAIRMAN NORRIS: Let's hear from the petitioner then. COMMISSIONER HANCOCK: I do have a question. CHAIRMAN NORRIS: Okay, Mr. Hancock. COMMISSIONER HANCOCK: Is it just the site configuration or my imagination that -- MS. CAWLEY: That's not our site. COMMISSIONER HANCOCK: Okay. Does this project take up the entire NC zoning on that? MS. CAWLEY: No. MR. BELLOWS: No, it does not. There's a school just to the north that's in the NC district. COMMISSIONER HANCOCK: Okay. The NC district is approximately how many acres ball park? MS. CAWLEY: I believe it's 70. MR. BELLOWS: I think that's approximately. COMMISSIONER HANCOCK: And this project is how large? MR. BELLOWS: Seventeen. COMMISSIONER HANCOCK: Seventeen, thank you. COMMISSIONER MAC'KIE: So we're seven 0 and one seven. My ears are kind of stuffy. MR. BELLOWS: Just to the north there's an existing school. COMMISSIONER MATTHEWS: How many acres does the school take? MR. BELLOWS: I don't have the acres of the school. MS. CAWLEY: They're typically what? COMMISSIONER MATTHEWS: Twenty. COMMISSIONER HANCOCK: Okay. So there's a balance in the NC district to provide some mixed use? MR. BELLOWS: Yes. CHAIRMAN NORRIS: Thank you, Mr. Math. MS. CAWLEY: Good morning, Commissioners. Barbara Cawley with Wilson, Miller, Barton and Peek. I'm representing the Immokalee Housing Partnership this morning for the rezoning. First of all, I'd like to thank the staff for all of their hard work on this. They've been absolutely wonderful getting this through the system quickly. And I'd also like to concur with the staff recommendation -- fully concur with what they recommend on this. I want to give you a little short explanation about this project. It's a very exciting project, I think, for Collier County. I brought the site layout, because I know you don't have that as part of your package. This was what we were going to be doing under our SDP. And I can do it north-south or east-west. I guess it's a little easier this way on the easel. COHMISSIONER HANCOCK: Who is that scurrilous attorney with you? MS. CAWLEY: Yeah, I'm really proud. I think this is his first zoning action in the private since he's left the county. COHMISSIONER HANCOCK: Are you going to be batting a thousand or triple zero today? MS. CAWLEY: I had a lot of good advice, let's put it that way. I know the audience can't see this, and I apologize for that, but what we're talking about here are 204 multifamily residential units on 17 acres including the lake-park area. We have a community facility family support center here with a basketball court, tot lots, picnic areas, a fountain, jogging trails, and more picnic areas around the lake. They are three-story units. State Road 29 is not here. I know it's not sort of north-south, but it's a little easier this direction. The units themselves are going to be 48 two-bedroom and 156 three-bedroom units that will be air conditioned, will have washer and dryer hookups, garbage disposals, dishwashers. These are class-A units that will be built in Immokalee as affordable housing. The family support center is intended to act also as an education center for people who will be living in the units to provide them support in terms of any kind of child-care needs or that type of thing. We're not putting a child-care center at the request of Mr. Thomas, because he has a child-care center across the street in Farm Worker's Village that we could use that center as well. The genesis of the project is kind of interesting. It really came from the request of Barrett Collier who was looking for a -- an affordable housing location for people who work in his company. And he had -- he knew there was a great need for people who worked there who are not farm laborers necessarily but were working full time in his company and set about trying to find some way to do that. He knew that Mr. Cronacher had done affordable housing projects before, had been involved in them before, and asked him to help him out. So one of my first jobs was to try to find a site that was on Barton Collier land that had no environmental impacts, and we did that. That was really the reason this site was -- was chosen was because it was fully consistent with the growth management plan. We did not need a density bonus. We had no environmental impacts, no wetlands, no endangered species, no problems with the site whatsoever. The other part of this project is it's not federally subsidized housing. What we're talking about here is tax syndication money from private companies, so we're not talking about a farm worker type federally subsidized housing. This will be high-quality low-income housing but using tax syndication dollars. And who is this meant for? Really this is meant for the working people in Immokalee, people who work full time. In order to -- to qualify to -- to live in this, you must have a full-time job. You must have an annual lease. You must have credit checks and police checks in order to make sure that you qualify. We figure the -- the maximum wage would be about $25,000 and down, and the rents will be between 345 to 385 dollars a month for the two- and three-bedroom units. COMMISSIONER HANCOCK: Maximum of 385 for a three-bedroom unit? MS. CAWLEY: That's correct. COMMISSIONER MATTHEWS: And that's plus utilities? MS. CAWLEY: That does not include utilities. COMMISSIONER MATTHEWS: You say that does not include utilities. And one of those utilities is air conditioning? MS. CAWLEY: If they so choose to use the air conditioner, that's correct, and heater. They will have heating and air conditioning. One of the reasons that we feel this is a very appropriate project for Immokalee is because there's a great deficit for affordable housing in Immokalee, particularly this type of housing. In fact, this is really sort of a unique project for Immokalee. There is nothing like this out there right now that would service the working people of Immokalee, people who work in retail trade, clerical workers, people who work for the -- the agri -- business operations that are out there, people who work in hotels in Collier -- in coastal Collier County but really have no significant housing in Immokalee. So we're really pleased to be able to provide this out there. The key to this, I think, is going to be the management of the project. The manager will be Mr. Fred Thomas. He's the director of the Collier County Housing Authority that's currently managing Farm Worker's Village. And we know that he is an excellent manager and a very strong manager, so we're pleased to have him on the team. Another part of the key to the project will be the maintenance of the project and how the project can be maintained. And the way the tax syndication dollars are put together is they require you to have a maintenance fund that you set aside up front so when things break or if something needs to be repaired or if you need to paint the units or replace landscaping, that you actually have money available in the fund to do that. The project that Mr. Cronacher did in Immokalee had over $800,000 set aside for that. COHMISSIONER MATTHEWS: In Immokalee? MS. CAWLEY: I'm sorry, in Dade County. Thank you. In Dade County had over $800,000 set aside for that purpose. So -- and this is not money that -- that you draw your -- your rent -- it's not subsidizing rents. It's purely set aside for the purpose of maintaining the -- the structures. COHMISSIONER MATTHEWS: If I could interrupt. MS. CAWLEY: Yes. COHMISSIONER MATTHEWS: What amount are you anticipating for this fund? MS. CAWLEY: Well, at this point I really don't know, but it will be comparable, I'm sure, in terms of the $800,000 until we know what money we can get from the tax syndication. COHMISSIONER MATTHEWS: Is there a minimum that is thought to be acceptable? MS. CAWLEY: It's dictated by the tax syndication, and we have no ability to tell you exactly what that number will be right now until we get our money. COHMISSIONER MATTHEWS: Can you tell me what the need is going to be? MS. CAWLEY: Would you like Mr. Cronacher to come up? I'm sorry. This is a technical aspect. MR. CRONACHER: Roy Cronacher, Cronacher Development, and I'm a resident of Naples. Generally the tax syndication will -- the syndicator themselves will dictate to us as to what the availability are for funds based on the yield of the tax credits when they're sold, and they will stipulate a fund set aside. So we have no way of knowing until we sell the tax credits or make our deal with the tax credit syndication. Generally these tax credit deals will fill up immediately. In Hiami we built 228 units. We have -- we filled them up by -- as we completed the unit. We've got a waiting list of 700 people in that community looking -- and this is not Hiami. This is south Dade down near Homestead which is a rural community. The -- we anticipate, due to the rents and the economics, that they will probably not use those funds. The funds will sit in -- and for major rehabilitation later on, because the economics of the deal, they actually support themselves. COHMISSIONER HANCOCK: Is that in part because of the land gift? There's really very little land cost associated with this project? MR. CRONACHER: No, it's because of the -- excuse me. I'm sorry. It's because of the structure of the financing. Generally it's not only one pot of money. We'll go to the state for sale funds, which is usually 3 percent debt forgivable. We will go for grants. And in this project we're looking for 7.6 million dollars of almost interest-free money, and that's the only way that the projects work at this low level. I mean, this is -- this is low, very low income rents at 350 to 380 for three-bedroom apartment. The only way you get it is through subsidies. COHMISSIONER MATTHEWS: Mr. Cronacher, my question was, do you have an anticipation of what the need is going to be for maintenance for a maintenance fund like this. MR. CRONACHER: Again, the project should carry itself on its own economics. In other words, the fund is really a bonus. It should not even be necessary, but generally the tax credit syndicators come to the groups saying that they look at it long term 15 years out, and they want to make sure that 5 years or 10 years down the road there's a facility there or mechanism there to be able to keep the products at a level. And I have, by the way, visited projects, for instance, in Connecticut where there was two-hundred-and-some-odd units on one side of the street, a mirror-image product right across the street. One project was 3 years old; the other one was 12 years old. The 12-year-old project looked newer than the 3-year-old project. CHAIRMAN NORRIS: Are there any other questions for the petitioner? COHMISSIONER MATTHEWS: I think she has more to present to us. MS. CAWLEY: I was -- I was just going to put a few more things on the record, if you don't mind. I apologize. CHAIRMAN NORRIS: Okay. MS. CAWLEY: The other issues that have come up deal with compatibility, and I think the staff was very clear as to the compatibility of this project, that it fully is compliant with the Immokalee master plan and -- and growth management plan. Not only does it -- is it consistent, but it actually goes a long way to furthering a lot of the goals and objectives in that plan. The height is also very consistent with the Land Development Code. We have -- we're asking for three habitable stories. If we were asking for an RHF-12 district, it would actually go up to 50 feet, and we're not asking for that at all. So the height is compatible with Land Development Code. Also I know there's been some issues in terms of the height of this project, and so I drove around last night trying to see if there were other three-story buildings in coastal Collier County and see how they -- they seemed to function. And I went into -- I saw the one in Victoria Park that's actually RHF-12, and it's doing quite well. And I went into Palm River and found at least three; Montego Manor, Richmont Club, and Country Club Gardens there. They're all three-story buildings, and they're right next to single-family homes and two-story homes. So I think the people in Immokalee will be pleased with the three-story units that are -- that are built out there, the class-A units that will be built. I also understand that there's been some question about the density, about the 12 units an acre. And last summer a project was approved in Immokalee for 13.04 units per acre, and that project has been built, and it's called Pinecrest Apartments. So Immokalee is -- has had density greater than 12 units an acre, so this is nothing precedent setting. I think basically the only other thing I'd like to say is that this is something that -- that will be a great benefit to the people of Immokalee, and it's better than living in substandard trailers without running water and electricity. So I would -- I would suggest that this will fill a great void out there and would appreciate your vote on that. I know Mr. Hihalic also has some information that he might be able to provide you with to -- in support of the project if you'd like to hear from him. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Ms. Cawley, I received a fax from the Immokalee fire department regarding a concern on the flows '- MS. CAWLEY: Right. COHMISSIONER HANCOCK: -- for fire protection to the site. Could you address that, please? MS. CAWLEY: The -- the issue on fire flows, I know, is something that we're going to have to deal with as we go through the permitting process, and we will not be able to get a C.O. without having adequate fire and water and sewer out there at that site. it will be dealt with as we go through the SDP process. COHMISSIONER HANCOCK: Okay. MS. CAWLEY: And anything that's built out there, I guess, is going to need -- COHMISSIONER HANCOCK: It's going to have to comply with that regardless. MS. CAWLEY: Exactly. COHMISSIONER MATTHEWS: What concern -- for the board's purposes, I attended the CCPC meeting to listen to the citizen concerns on this project. But one concern that I heard -- and, Miss Cawley, if you'd share it with the board -- is the concern of the water-sewer district in being able to address the needs -- needs of this project. Could you address that? MS. CAWLEY: We did have a gentleman from -- who was a member of the district or on -- in the district board. COHMISSIONER MATTHEWS: Executive director. MS. CAWLEY: Is that who that was? I wasn't sure who that was -- that did mention the problem with water and sewer out there. And his -- his statement, I believe, was that the density was too great to -- and they would require some upgrading of facilities. I think any density you're going to put out there is going to require upgrading of facilities. If you put single-family homes out there, you would have to upgrade the facilities out there. If Immokalee wants to grow, it's going to have to upgrade its facilities. And to be stagnant, you're -- you don't have to do anything, I guess. But our position is that Immokalee needs to grow and needs to mature, and this is -- this would be something that they just need to plan for in their -- in their long-term design. COHMISSIONER HANCOCK: If I may follow up, Commissioner Matthews. COHMISSIONER MATTHEWS: Sure. COHMISSIONER HANCOCK: Correct me if I'm wrong, Miss Cawley, but any upgrades that are directly related to this project will be paid for by the developer of the project? MS. CAWLEY: I don't know that that's an accurate statement. COHMISSIONER HANCOCK: Okay. MS. CAWLEY: I think that -- that they will be paying for the water and sewer services that they get out there, but I'm not sure that it's going to be paid for directly by the developer, because it will serve other people as well. COHMISSIONER HANCOCK: Because this district does not have impact fees for water and sewer? MS. CAWLEY: That's correct. So it's paid for by the rate base as well as the money that they generate from these -- these units, which will be substantial as well in the long term. COHMISSIONER HANCOCK: And, again, this is something that during the SDP process will be addressed fully? MS. CAWLEY: That's correct. It must be addressed during SDP. CHAIRMAN NORRIS: Speakers? MR. HcNEES: Yes, sir, Mr. Chairman. You have two, Mr. Albert Reed. COHMISSIONER MAC'KIE: When are we going to hear from Mr. Hihalic? MR. HIHALIC: Only if you have questions, Commissioners. COHMISSIONER HANCOCK: How is that car you drove to work yesterday? MR. HIHALIC: I don't know. Oh, that was an Alpha Romero that I have. COHMISSIONER MATTHEWS: I have one question. Miss Cawley indicated that the project is going to serve families whose income is $25,000 and below. MR. HIHALIC: Yes. COHMISSIONER MATTHEWS: But certainly at $345 per month plus utilities, what's the minimum salary that's going to qualify? MR. HIHALIC: The minimum salary -- the range of variable-income families within Immokalee that the developer would be allowed to rent to would be sixteen to twenty-four thousand dollars a year. COHHISSIONER MATTHEWS: Sixteen to twenty-four? MR. HIHALIC: Yes. COHMISSIONER MATTHEWS: And how many families in Immokalee earn -- in Immokalee, not the county, earn this income? MR. HIHALIC: Well, the last statistics we have are from 1990. But from 1990 we had about 700 families within Immokalee at that time that were within that income range, and that's using 1990 incomes. COHMISSIONER MATTHEWS: And is there a shortage of residences in Immokalee for this family in this salary range? MR. HIHALIC: The most critical shortage, Commissioner, is that most housing that's built in Immokalee is set aside for farm workers only, families that are involved in the farm worker agricultural business, so there's a desperate lack of housing for very low income and low income nonfarm worker families. COHMISSIONER MAC'KIE: And this is that kind of project? MR. HIHALIC: This is exactly what you're talking about where you're talking about very low income, which we find difficult to get, to be built, and for nonfarm worker families. We actually have more farm worker housing than necessary in Immokalee, and there are some vacancies occurring during the off season because of that. COHMISSIONER MATTHEWS: One more question dealing in -- in the families that could afford to live here. In Immokalee one of the major transportation modes -- in fact, there are -- there are two besides a car; bicycles and walking. How far out of town and the local downtown area is this? MR. HIHALIC: Probably about 2 miles away. But, again, you're talking about people that have full-time jobs. They would have transportation facilities of one kind or another. You're talking about people that, again, are employed, are workers within Immokalee. In my opinion, this is the middle class of Immokalee. These are people that are working in the school system, working in government, working at the hospital within the Immokalee community. So I think most of them will have cars or other forms of transportation. COHMISSIONER MATTHEWS: You feel that this 750 families that would qualify to live here already own automobiles and wouldn't -- wouldn't be -- MR. HIHALIC: I would think so, or they're doubling up and, you know, they share an automobile between two -- COHMISSIONER MAC'KIE: Well, they get to work somehow. COHMISSIONER MATTHEWS: I think the point is, though, that many of them right now live in the -- live in the center downtown area, and they can walk to -- MR. HIHALIC: I'm not sure they will, Commissioner. Again, I think that -- you're opening up an opportunity here to people who -- COHMISSIONER MATTHEWS: I understand that. MR. HIHALIC: -- work in Immokalee but don't live there now because they don't find facilities that they choose to live in. So because they're more mobile, they live in Lehigh Acres or they live in Fort Myers or they live in the urban area of Naples. I think this will bring a product we believe is like Arbor Walk to the Immokalee community at a price range that's affordable to Immokalee. When you look at the site plan of this particular development in Arbor Walk, they're very similar to one another except Arbor Walk rents for $785 for two-bedroom apartments. COHMISSIONER HAC'KIE: Mr. Mihalic, if I -- COHMISSIONER MATTHEWS: Sure. COHMISSIONER MAC'KIE: We have talked several times about wanting to give -- find a way to encourage more development of very low income housing. MR. HIHALIC: Yes, ma'am. COHMISSIONER MAC'KIE: And I'm just trying to get a perspective on this. This appears to be to be the exact kind of project that we have been trying to encourage in an area that's desperately in need. I -- I just -- it seems to me that this is a developer that we ought to be saying thank you for not waiting for those further incentives we were looking for and popping champagne corks. This is a great project, it seems to me. Is there anything that I should see that I'm not seeing? Is this not exactly what we've been asking -- MR. HIHALIC: I think it is a great project, but I think you have to understand that this developer has to find 7 million dollars of incentives of one kind or another, essentially grant incentives, to be able to build this project. That's very difficult for most developers to do. It is a rare opportunity when this type of development comes along at this quality, especially in Immokalee where we're trying to diversify the type of housing that's available within Immokalee. So, yes, I think that this is a great project that should be looked forward to be being built in Immokalee. COHMISSIONER MAC'KIE: The only other thing, it seems to me, that if I were Mr. Dotrill working on those implementation plans for the goals that we adopted, one of them was the diversified economy for more opportunities for diversification of jobs, that one of the things that we lack in the community to be able to diversify our economy is affordable housing for this range of income and that this would satisfy or this would go a long way toward meeting one of the top five goals of this board. COHMISSIONER MATTHEWS: I've got a couple more questions, if you don't mind, Mr. Chairman. CHAIRMAN NORRIS: Okay. COHMISSIONER MATTHEWS: Pinecrest you mentioned has a 13 density. MS. CAWLEY: That's correct. COHMISSIONER MATTHEWS: Thirteen something. Where is that located? MS. CAWLEY: That one's located downtown. COHMISSIONER MATTHEWS: In the downtown area? MS. CAWLEY: Yeah, that's correct. COHMISSIONER MATTHEWS: And surrounded by what? MS. CAWLEY: Urban development. COHMISSIONER MATTHEWS: Okay. It's got -- 13 and it's surrounded by urban development. And what surrounds this project? MS. CAWLEY: Well, this project is surrounded by agricultural land, but it's a designated neighborhood center in the Immokalee master plan which was intended for that type of a use. COHMISSIONER MATTHEWS: I understand that. And across the street from this proposed project is Farm Worker's Village? MS. CAWLEY: That's correct. COHMISSIONER MATTHEWS: And the density there is? MS. CAWLEY: I think the overall density is about 4 units an acre. I think part of it is 6, and then part of it is less; so it's probably overall about 4.3. But it's designated high-density residential on the master plan. COHMISSIONER MATTHEWS: And Farm Worker Village is all -- not all single family. But there's some quads; there's some duplex. MS. CAWLEY: That's right. COHMISSIONER MATTHEWS: There's some single family, but they're all one story. MS. CAWLEY: That's correct. But that really isn't inconsistent with a lot of the development on the coast as well to have multifamily and single family together. COHMISSIONER MATTHEWS: The two-bedroom units, what's the square footage for those? MS. CAWLEY: I brought the little board that we have on that somewhere. I don't know if you can see this. We have 770 square feet for the two bedroom and 930 square feet -- this is a minimum -- for the three bedroom. But they all have two baths, and the kitchen has the washer and dryer and the hookups for laundry. It has a balcony with storage on the balcony. COHMISSIONER MATTHEWS: With storage? MS. CAWLEY: That's correct. There's storage on the balconies. COHMISSIONER MATTHEWS: Okay. MS. CAWLEY: Locked storage so they would be able to store -- COHMISSIONER MAC'KIE: Do you mind passing that down? MS. CAWLEY: I will pass this down. It's kind of hard to see from that distance. COHMISSIONER MATTHEWS: Another question since you're comparing this with Arbor Walk. MS. CAWLEY: Yes. COHMISSIONER MATTHEWS: What's the square footage of the two- and three-bedroom units there? MS. CAWLEY: Just a moment. Let me -- the Arbor Walk only has two-bedroom units. There are no three bedroom. And the two bedrooms are about eight twenty. COHMISSIONER MATTHEWS: Thank you. Why don't we hear from the public speakers. CHAIRMAN NORRIS: Let's go to the public speakers now. MR. DORRILL: Which we have two, Mr. Lee. Then following Mr. Lee we have Mr. Matthews. CHAIRMAN NORRIS: Good morning, Mr. Lee. MR. LEE: I want to thank the commissioners for allowing me the privilege to -- to speak. I feel somewhat uncomfortable up here today, I guess, somewhat agreeing with something that could be positive to Immokalee. Normally I'm up here asking you all to change your minds, which I hardly ever get to be done. So it -- it certainly is somewhat of a pleasure to -- to be in support of something that's favorable. And when I hear 800 square feet, we have homes in Immokalee that are -- that are built that are not that large. I would certainly encourage you to -- to please accept this because it certainly looks like something positive. And when you say you got a lot of housing and a lot of things in Immokalee that's for low income, they're really substandard in most cases. What we have here is something that appears to be positive, and I don't see how in the world you all could turn it down. But, again, I'd like to thank you and ask you to please accept it. Thank you. CHAIRMAN NORRIS: Thank you, Mr. Lee. MR. DORRILL: Mr. Matthews. MR. MATTHEWS: Good evening, Commissioners, or good morning still. I, like Mr. Lee, certainly appreciate the opportunity to come and speak to you in support of this project. I've heard some real positive things and some of the positive aspects that can come out of this. And I manage a business in Immokalee that we employ about ten people full time that certainly fall within the parameters of the income ranges that we talked about, five of those people not having homes of their own to live in, so they may be prospective people that can certainly take advantage of some of these units that we're talking about. Also I'd like to just speak to issues relating to the Immokalee Fire Control District and the Immokalee Water and Sewer District. I heard from one of the county staffers on Friday late evening regarding the concern about Immokalee water and sewer lack or the ability to provide water and sewer there. Being one of the board members, I can tell the commissioners that the -- the fellow board members of the Immokalee Water and Sewer District has not been apprised of the information that was certainly talked to developers regarding this project. And I can tell you that we would certainly give it the attention that it deserves. I'm not going to stand here and actually try to represent the board standing here right now. But, again, notwithstanding, we have not talked about this specific project at all. And I can tell you in the past the Immokalee water and sewer district have actually done whatever it took as a board to incorporate the positive kind of things that come about for our community. Same thing with the Immokalee Fire Control District. I did speak with the chief about this off the record, not in the confines of a public meeting, there at the fire control district. There was a concern about fire flows and things that obviously what the -- the lack of water flows down there, obviously you would have that concern with the fire control district as well. But there are other projects in Immokalee, mainly the Mary Lee Feather and the Isabel Collier Reed facilities that we've done some unconventional kind of things to appease our concerns there. And for this project, I'm sure, as the SDP come forward and we begin to ring those bells, we'll certainly address those kind of things. And, again, I stand in support of this as a member of the Immokalee community for over 39 years. I think this is a very positive aspect of the community, and I do hope that you'll give it favorable consideration. CHAIRMAN NORRIS: Thank you, Mr. Matthews. MR. DORRILL: That concludes the registered speakers. CHAIRMAN NORRIS: Before we close the public hearing, is there any more questions of the petitioner? COHMISSIONER MATTHEWS: I think I have one more question for Miss Cawley. I have a letter -- you and I talked the other day, and we had -- I had -- was raised -- I raised some questions about a sidewalk going from the development because it -- what'd you say; 156 three-bedroom units? MS. CAWLEY: That's correct. COHMISSIONER MATTHEWS: The potential is for several hundred young people to live in this area. And I think we all know the road along there is a two-lane road about 50- to 60-mile-an-hour traffic, and I had concern about children walking to school. And you provided a letter to Mr. Norm Feeder of the F-DOT regarding the sidewalk. Would you mind telling us what -- MS. CAWLEY: Yes. And I apologize to the other commissioners that I didn't send you a copy of it, because I had the discussion with Commissioner Matthews. COHMISSIONER HANCOCK: It's probably Mr. Cuyler's fault. MS. CAWLEY: No, it's my fault. I could blame him, though. COHMISSIONER HAC'KIE: We're so used to blaming him for stuff. MS. CAWLEY: Well, you can blame him. I happened to run into Mr. Feeder actually at the legislative meeting on Friday and cornered him about this issue, because we're concerned about it as well. I mean, we want to make sure that there is a sidewalk there for the children, and he told me that it was a really good time to catch him actually because they're in the design phase of moving State Road 29 because of the panther issue. They're moving it 10 feet -- COHMISSIONER MATTHEWS: They'll move it for the panther MS. CAWLEY: They'll move it for the panther -- COHMISSIONER MAC'KIE: No talk about it for the kids. MS. CAWLEY: They'll maybe do something for the children. And they said that they -- it was a good -- it was a likelihood that a sidewalk could be included with that move on that side of the -- on the west side of 29. So he wanted me to write him a letter and just put it in writing that this was something that was very important to the county as well as to us, and I did that. COHMISSIONER MATTHEWS: Is your client willing to commit to providing such a sidewalk if F-DOT cannot? MS. CAWLEY: Well, that is a problem. We will have to work with the tax syndicators with off-site facilities. And it's very difficult to get tax money, tax syndication money, to do that. But there are ways to try to accomplish it, and -- and we will do whatever we can to do that, and I can't promise you right now that it will be possible. But if we can do it, it's something that we feel is important as well to do. COHMISSIONER MATTHEWS: You can't make a commitment to do so, though? MS. CAWLEY: I'm sorry, I cannot do that. COHMISSIONER MATTHEWS: Let's talk about the height. MS. CAWLEY: Yes. COHMISSIONER MATTHEWS: That was a concern expressed, and you and I have also talked about that. This is a three -- three-story structure or structures -- MS. CAWLEY: That's correct. COHMISSIONER MATTHEWS: -- and there are no other buildings in Immokalee, none, that are three-story buildings. MS. CAWLEY: It's time for Immokalee to grow up. COHMISSIONER MATTHEWS: I don't think anybody is going to argue with you that it's -- that it's time for, you know, Immokalee to be experiencing some good things. MS. CAWLEY: Yes. COHMISSIONER MATTHEWS: But at the same time I -- I've got concerns about it being a three-story project across the street from single-story buildings and two miles out of town. MS. CAWLEY: What are your concerns about that? COHHISSIONER MATTHEWS: Well, that it's just -- it just doesn't fit in the Immokalee scheme of things. I mean, there's been complaints and concerns in Immokalee for -- since I've been on this board that while things meet the LDC for Collier County, they -- they don't necessarily meet Immokalee's desires of what it wants to be. And -- and that's -- you know, Immokalee, if they wanted three-story buildings, I would think they would have them by now, and they don't. Is it because they don't desire them? They don't '- MS. CAWLEY: I don't think there's been anyone who's been willing to put money into Immokalee to develop them, I think, is the primary reason. If there was a market and the piece of property wanted to be three stories and needed to be three stories in terms of its marketability, I think there would be three-story buildings in Immokalee. I -- I think it really is a -- is a positive indication that Immokalee is -- is coming into the 21st century, you know, and the people in Immokalee can walk up three stories. It -- having -- oh. MR. LEE: Hay I say something while they're -- CHAIRMAN NORRIS: Wait till she finishes. MS. CAWLEY: Mr. Hihalic wanted to -- wanted to mention that there may be an -- MR. HIHALIC: Immokalee Apartments, Commissioner, I believe, is three stories high -- MS. CAWLEY: I don't know. MR. HIHALIC: -- right now in Immokalee. COHMISSIONER MATTHEWS: Those are the section 8 houses? MR. HIHALIC: No, it isn't section 8. It's a HUD program from the '70s. COHMISSIONER MATTHEWS: I specifically asked about them. They're two stories. MR. HIHALIC: Mr. Lee told me they're two stories. COHMISSIONER MATTHEWS: I went up to look at them. They are two stories. MS. CAWLEY: Really there's no objection that we heard at the planning commission meeting about any problem with the height at three stories. It's lower than the LDC dens -- height of 50 feet, which would be if we were doing the RHF-12. There are numerous examples of coastal Collier County where single-family homes and three-story units coexist quite well next to each other. And if you look at the distance between where this property is and where Farm Worker's Village is, I'm going to venture to guess you have 500 to 600 feet because you have -- you have the project; you have the swale; you have the right-of-way for 29; you have a canal; and then you have a buffer; and then you have Farm Worker's Village. So the idea that these people will somehow bother Farm Worker's Village, they'd have to swim the canal, or I guess they could go on the road. I'm sorry. Would you like to say something, sir? CHAIRMAN NORRIS: Excuse me, Mr. Lee. We don't normally let speakers come back up for a second turn. If you have something you can say quickly, please do. MR. LEE: I'll do my best, sir. I can recall when there were very few or maybe no three-story buildings in Naples. There has to be a first time. And they didn't have two-story buildings in Immokalee, so I see nothing wrong with two-story buildings. And I guess, very briefly, three-story buildings in Immokalee, I think they would welcome it. I welcome it certainly. And to Miss Matthews, just briefly, we need homes. We got people living in culverts and pipes. So let's worry about the sidewalks later, because we got a lot of residents in the areas in Immokalee that don't have sidewalks right now, please. Thank you. CHAIRMAN NORRIS: Mr. Hancock. COHMISSIONER HANCOCK: We recently looked at a project called Bear Creek, which was affordable housing, and it was right next to -- I mean, right next to the folks on Yarberry Lane. And because of the physical proximity, we made the first building, nearest building, two story and then three story after that, if you may recall. We were talking a separation of maybe 150 feet from that building to the home. The only time height becomes -- from a planning perspective the only time height becomes a problem is when the site line is distorted or appears grossly out of character or if someone walks on their patio instead of seeing a residential structure is looking up into a monolith. I mean, that type of thing is when we have a problem with physical land planning relationships. That begs a question. What kind of distance are we talking between the physical building here and the nearest residential structure in Farm Worker's Village? The second question is, you see a lot of vegetation on this, and I used to draw those, and you just draw that vegetation in anywhere it looks good. But what I would like to know is what type of vegetation exists there currently? Is there a commitment to retain it, because I think it's pine trees, isn't it? MS. CAWLEY: It's mixed pine flat woods. Yeah, there's some beautiful trees on there that we will be retaining, uh-huh. COHMISSIONER HANCOCK: All right. So if we are going to go above two stories, one, make sure that that impact is mitigated in some way by distance, buffers, or both. And so if we can do that, then it falls in line with several approvals we've made in the past and in similar situations. But I think Commissioner Matthews' question is, you know, why should three stories be allowed here. COHMISSIONER MATTHEWS: Uh-huh. MS. CAWLEY: I don't have a scale with me, but I do have an aerial. One inch equals four hundred feet -- COHMISSIONER HANCOCK: About two fingers' width. MS. CAWLEY: -- and if I knuckle it to the first unit, it's -- it's probably about 300 feet, maybe -- maybe 350. Does anyone have a scale? It's -- COHMISSIONER HANCOCK: A planner without a scale. Ray, I'm ashamed of you. MS. CAWLEY: We're not backing units up to units. This is across a state highway. CHAIRMAN NORRIS: Across the drainage ditch? MS. CAWLEY: Across the drainage ditch, across two drainage ditches. COHMISSIONER HANCOCK: Let's talk about the vegetation. MS. CAWLEY: And the vegetation, the landscaping? MR. DORRILL: Here's a planner. He did this for me in Immokalee as well. COHMISSIONER HANCOCK: Have scale will travel. MS. CAWLEY: Have scale will travel is right. Let me see if I can find a spot where -- COHMISSIONER MAC'KIE: That's how we trained him at Collier County planning. MS. CAWLEY: Well, actually I'm showing 400 feet with a scale, so it is an estimate. The vegetation, one of the things that Mr. Cronacher is well-noted for is his landscaping. And if you go to Arbor Walk, you will see that he is very, very high on landscaping and -- and that's one thing that this project will have. We took a tour of Immokalee actually with Mr. Thomas after the planning commission meeting. And one of the things we noticed with all the other units out there was no landscaping. They -- they really put nothing into the projects because it's so expensive to do. But this project will be landscaped. The buffers on the project will -- will, I -- I believe, and based on the site plan that I've seen, will exceed the county buffers of the -- that are required by the LDC. COMMISSIONER HANCOCK: Okay. Would -- can you commit today to the maximum retention of existing vegetation -- MS. CAWLEY: Absolutely. COMMISSIONER HANCOCK: -- as far as pine trees along 29 and in addition augment that as necessary to meet or exceed code with additional landscaping? MR. CRONACHER: Sure. COMMISSIONER MAC'KIE: You've got to meet it. COMMISSIONER HANCOCK: I said meet or exceed. MS. CAWLEY: Well, one of the things we also have to do is we have to retain 25 percent of the viable native habitat on site. We are going to comply with that. And by doing that we are going to be retaining a lot of the vegetation out there already, and that's one of the things that we feel is real important. COMMISSIONER HANCOCK: I think the short pine trees do a lot for shielding. MS. CAWLEY: Pine trees we love, yes. That's not a problem. CHAIRMAN NORRIS: If there's no more questions, I'll close the public hearing. COMMISSIONER MAC'KIE: I'd like to move approval of staff's recommendation. MR. WEIGEL: Mr. Commissioner. CHAIRMAN NORRIS: Mr. Weigel is trying to get something in here. MR. WEIGEL: Just a moment. Before you would vote, I would appreciate, inasmuch as there may have been some ex parte communications prior to the hearing today, that you would indicate for the record, Commissioners, whether or not you've received ex parte communications and whether that affects your vote here today. COMMISSIONER MAC'KIE: Well, I have and will make my decisions based on the presentation made today. CHAIRMAN NORRIS: I have had telephone contact, but I am going to base my decision on the presentation made here today. COMMISSIONER HANCOCK: I met with the petitioner twice, also talked to some folks out in Immokalee a couple of times, and received some letters, but I think the presentation today is what I will base my decision on. CHAIRMAN NORRIS: Excuse me, I should have said telephone and personal contact. COMMISSIONER MATTHEWS: Obviously I said I've been to a lot of different places in Immokalee, but my decision will definitely be made on the presentation today. COMMISSIONER HANCOCK: That being said, I will second the motion. CHAIRMAN NORRIS: Okay. We have a motion and a second. If there's no further discussion, I'll call the question. All those in favor, signify by saying aye. Those opposed? COMMISSIONER MATTHEWS: Aye. CHAIRMAN NORRIS: That motion then fails by a three-to-one vote. COMMISSIONER MATTHEWS: Let me put on the record the reason I voted no. It is specifically density and compatibility issues. There are no 12-unit-per-acre projects two miles outside of the downtown area. They just don't exist. The ones that do exist are in the downtown area. COMMISSIONER MAC'KIE: Well, what's -- what available -- what's available? I know that there are limitations on a project being able to come back after it's been voted down. Is there any way to talk about this more? Is there -- is there -- MR. CUYLER: Commissioners, you have the ability, if you wish, to make another motion if you want to, and that motion could be tabled for three weeks or whatever. COMMISSIONER MAC'KIE: Okay. I want to make another motion, and then it can be tabled, but I don't want to see this die here today. So advise me, Mr. Weigel. What kind of motion can I make that can be tabled, and we can talk about this again later? MR. CUYLER: I think -- I have a -- you know, one suggestion is we can go back and take a look more specifically at some of the things that Commissioner Matthews mentioned about the sidewalk and see if we can reach any type of more positive answer on that. COMMISSIONER MAC'KIE: What if I moved approval subject to sidewalk and height discussions, further discussions? COMMISSIONER MATTHEWS: I think I'd need something more -- more definite than that. I mean, I don't know what -- what the feasibility of the project is if they were to limit the height on it or reduce the density. So if we need to go in that direction -- MR. CRONACHER: Commissioner Matthews, it's going to be a very difficult task to find 7.6 million dollars in grant -- free money for Immokalee anywhere in this county. And taking it down to two stories adds $987,000 to buy the additional land, and the project will be dead. I've got $100,000 of my company's money invested in this to get it so far, and I won't spend another dime. COMMISSIONER MAC'KIE: So, Mr. Weigel, I'm still looking for advice. I want to make a motion that then I'm going hope somebody else will make a motion to table for three weeks so we can talk about this again. MR. WEIGEL: Well, the board has taken a motion. By virtue of the motion there has been a failure of approval. There has not been a motion effectively denying -- this is a little bit unique in the sense that it comes up in the way that it does. COMMISSIONER MAC'KIE: So absent a motion to deny, we could have another motion on the floor? MR. WEIGEL: You can make another motion on the floor. COMMISSIONER MAC'KIE: So I'm going to make a motion that we approve it subject to the stipulation that we get sidewalk improvements from F-DOT. MS. STUDENT: Mr. Chairman -- COMMISSIONER MAC'KIE: Somebody second it and table it. MS. STUDENT: -- before you vote I want to put something on the record, if I might. CHAIRMAN NORRIS: Go right ahead. MS. STUDENT: Okay. I just wanted to remind the board that this is a quasi-judicial matter. It's not a legislative matter. And pursuant to the Snyder case there has to be a compelling interest based upon -- a compelling government interest based upon substantial competent evidence presented today to deny, and it can't be arbitrary or discriminatory. I just want to put that on the record on the basis of the Snyder case. Thank you. COHMISSIONER HAC'KIE: So we should make findings if we're going to deny. So far we aren't talking about denial. MR. CUYLER: I think what Hiss Student's said, subject to you making another motion, is nobody appeared at the planning commission meeting and presented any evidence at all as to height or compatibility being an objection. What you have in front of you is your staff report saying it's consistent with the master plan, and it's compatible with the surrounding area. Nobody has appeared today to present any evidence whatsoever to you that the -- that it's incompatible or that the height is a problem. You have no evidence in front of you whatsoever. And I understand more than anybody in this room that there's a certain amount of discretion in zoning hearings. But the law is becoming clearer and clearer that you have to base it on evidence. And there is no evidence against this petition at this point. COHMISSIONER HANCOCK: I think the time's come to kind of stop dancing around this. The truth is there are some groups in the Immokalee area that are opposed to this project. I've had phone calls from them. We probably all have. COMMISSIONER MAC'KIE: I haven't. COMMISSIONER HANCOCK: As I explained to those individuals, I understand their concerns, but we do have a legal responsibility to base our findings on fact as presented here today. I have an amount -- amount of difficulty with the findings Commissioner Matthews has stated. And she's perfectly in her right to do so, but the fact that no other high density zoning occurs in this area when, in fact, through our growth management plan and the Immokalee future land use map this particular area was designated to be -- to allow for that density -- it may be conflicting and, again, if we physically can find there is a physical reason why this project is not or will not or cannot be compatible, I think that becomes a compelling reason for denial. That's why I systematically walked through the buffering and setback questions in comparison to approvals we have issued on affordable housing projects to establish whether that was in place or not. And if -- if, in fact, it is not compatible, then I would -- would make a motion to deny it. I obviously differ with Commissioner Matthews on this matter. And the concern here is unlike Bear Creek. I don't think Mr. Cronacher is going to from the money he's spent already -- send Mr. Cuyler off to challenge this thing in court. I think what we're going to do is lose the opportunity of this project. The last thing I want to see is the fears that were expressed to me come true. But I've yet to see nothing today that validates those fears, so we're looking for -- we're looking for a motion. I believe Commissioner Mac'Kie's looking for a motion to find some way to put this back in the discussion -- COMMISSIONER MAC'KIE: I made a motion. CHAIRMAN NORRIS: There is a motion on the floor. Let me interject here. Under our reconsideration procedures, Commissioner Matthews, if you would like to -- as you either prevail here -- if you would like to change at this point, you have the ability to reopen the -- the motion. COHMISSIONER MATTHEWS: No, I -- I'll be quite honest. MR. CUYLER: The developer has just indicated to me that even if he has to pay for it out of his own pocket, he will put the sidewalk in, but there may not be the monies to -- to get at the state level for that, because that's an off-site improvement, but he is willing to do that. COMMISSIONER MAC'KIE: So I'll amend my motion to approve it subject to the requirement there be a sidewalk, whether it's funded through F-DOT funds or privately. CHAIRMAN NORRIS: By what time scale? COMHISSIONER MAC'KIE: Concurrent with development of the project. CHAIRMAN NORRIS: Okay. Now, that's a different motion, so we can act on that motion. COMHISSIONER MAC'KIE: So I've withdrawn my first motion and -- COMHISSIONER MATTHEWS: But it still doesn't answer my primary concern of the density. I mean, the -- the height is one issue, but the density for me is a prevailing issue and -- I'm sorry, there's nothing around it that's -- that's close. COMHISSIONER MAC'KIE: We have to start somewhere. MR. CUYLER: Commissioner Matthews, let me make a short argument, and then if you want to second that motion and table that, then, you know, we would accept that. This -- that area -- I'm sure you've been out there for -- in a large part is undeveloped out there. What the community has done through its master plan and what the Board of County Commissioners has done through the Immokalee master plan is it has determined what types of uses it wants to go into that area in the future. It's a future land use map. It's not fully developed. If it was fully developed, you wouldn't have any kind of issue like this. But the community got together, and they said we want lower density in this area. Obviously in order to make up for that, we have to have higher density areas. So they established this neighborhood center which has the higher -- provides for, without any density bonus, provides for 12 units an acre, provides for commercial, provides for mixed uses. And that's what the community as a whole has decided that it wanted to do, and it presented that to the Board of County Commissioners and the Board of County Commissioners approved that. So -- COMHISSIONER MAC'KIE: And this meets all of those. MR. CUYLER: When you talk about a vision of the community and members of the community who are telling each of you what they want, that is what they want. And what they want is what you have put in -- in the comprehensive plan through the participation of the entire community. It's not one or two people who say this is what I want or I don't think this is good. It's the entire community putting together an entire plan. And that 12 units an acre is consistent, and the next-door neighbors can have 12 units an acre, or there may be commercial next to it. That's really the vision that -- this is all in addition to the affordable housing provisions in -- in the comprehensive plan and the Immokalee plan. You can never go in and do what you want to do with regard to eliminating substandard housing until you start to provide housing for those people to go. The entire plan hinges on this type of thing. And in Naples when you don't approve a project, the -- the quality and the land values over here dictate that in five or six or ten years somebody else is going to be back with a project for that piece of property. But in Immokalee if you let a project like this go, you may never see it again. This developer's got a lot on the line. He's doing a lot towards getting his own funding through the state, seeking it out. He's not asking for county assistance. And you used the term unique earlier. This is a unique project. You may not see anything like this again. Future developers that want to put in affordable housing -- you know, what are they going to say to themselves, you know, that's the reception that we got at the Board of County Commissioners in a -- in an area that's consistent and compatible. What are we ever going to do if we have a problem trying to put in affordable housing? So, you know, I would ask you to reconsider. I'd ask you to take a look at the sidewalk. If it's not an A-plus project in your -- your opinion, certainly it is a good enough project and fills the -- fulfills the need of the Immokalee community. Certainly it's good enough to, you know -- to take that little chance on and provide that housing that's needed in Immokalee. COMMISSIONER HANCOCK: There's one additional item that hasn't really been mentioned, and that is that the NC zoning district is intended to promote mixed uses. If you're going to attract any type of business or commercial interest, there's got to be a sufficient density, a sufficient population base, to warrant those businesses locating in that area. If we look at the NC zoning district and say 12 is too much, I mean, pick a number. Eight, six, two, none, you can walk down the density line, and unless you allow some level of density in this area that is intended for moderate to high density, you're not going to attract the businesses and the mixed-use intent of the district. We have a school there. One of the greatest buffers between schools and low density is multifamily. You know, I just -- the intent of the NC zoning district is clear. This project appears to meet the intent of the NC zoning district. And I think because no parcels around it have developed at similar densities in the past, using that as a basis for decision, that basis would have -- would have denied those petitions also, because they would have been the same to -- they would have come in and said we want to do 12 units an acre. So if the idea is that -- that there's nothing else around at that density, that idea will be perpetuated, because there never will be until somebody starts. COMMISSIONER MAC'KIE: If that's the only question -- if the only question is that this might be too dense, I feel perplexed. I feel like you must know something I don't know, because I know that you're a proponent of affordable housing. COMMISSIONER MATTHEWS: Absolutely, and -- and but what I see with this particular project is it's two miles outside of the downtown area, and it is 13 -- COMMISSIONER MAC'KIE: Too close or too far? COMMISSIONER MATTHEWS: Too far. COMMISSIONER MAC'KIE: Too far, two miles? COMMISSIONER MATTHEWS: Yeah. COMMISSIONER MAC'KIE: I can even walk two miles. COMMISSIONER MATTHEWS: It's 13 -- yeah, it's 13 units per acre. MS. CAWLEY: Twelve. COMMISSIONER MATTHEWS: Twelve units per acre, but it's adjacent to -- or not adjacent, across the street from a project that's only four units. And the area, all that yellow around it, that's all low density. It's not -- COMMISSIONER MAC'KIE: But the Immokalee master plan has said please give us this. CHAIRMAN NORRIS: Excuse me, now, we're going over the same ground over and over. COMMISSIONER MAC'KIE: Well, I'm trying to persuade her. CHAIRMAN NORRIS: You have a motion on the floor. At this time for lack of a second -- COMMISSIONER HANCOCK: I'll second the motion. CHAIRMAN NORRIS: It's already died. COMMISSIONER MAC'KIE: Then I'll make it again. CHAIRMAN NORRIS: A substitute motion? COMMISSIONER MATTHEWS: No, I do not. CHAIRMAN NORRIS: She does not have a substitute motion. Do you have a new motion you would like to make? COMMISSIONER MAC'KIE: Yes. I would like to move that we approve this project subject to the condition that a sidewalk be -- be installed -- COMMISSIONER HANCOCK: At the developer's behest. COMMISSIONER MAC'KIE: -- at the developer or at the F-DOT expense. COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. MR. CUYLER: At this time could I get -- I'd like to ask for a continuance for three weeks if we could do that. We want to make sure of the financing, if nothing else, and we will do that, if we have to out of the developer's pocket but if there is any more money anywhere that we can suggest anything else to you that might assist we're going to do. COMMISSIONER HANCOCK: I'll make a motion to table the item at the petitioner's request -- continue the item for three weeks at the petitioner's request. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion on the floor which has been also a motion to continue the first motion. We had a second for both of them. Call the question. All those in favor, signify by saying aye. Those opposed? That will be continued for three weeks, and we're going to recess for lunch, and we'll be back at 1:15. COMMISSIONER MATTHEWS: Miss Cawley, can we meet in the intervening three weeks about the density? MS. CAWLEY: Sure, no problem, anytime, anywhere. (A lunch break was held between 12:05 p.m. to 1:15 p.m.) Item #12C1 RESOLUTION 96-25 REVISING THE POLICY AND PROVEDURES FOR VACATION AND ANNULMENT OF PLATS OR PORTIONS OF SUBDIVIDED LAND, ROAD RIGHTS-OF-WAY, PUBLIC-DEDICATED EASEMENTS CONVEYED TO THE COUNTY OR PUBLIC BY GRANT OF EASEMENT OR SIMILAR INSTRUMENT RECORDED IN THE PUBLIC RECORDS OTHER THAN ON A SUBDIVISION PLAT - ADOPTED CHAIRMAN NORRIS: We'll reconvene the county commission meeting. Mr. Dotrill, we only have three members for the moment, so we'll need to pass over any of the items that are four-vote minimums. I think we can do this, 12(C)(1). It's a resolution revising the policy and procedures for vacation and annulment of plats, road rights-of-way, and alleyways. Russ, what do you have for us today? MR. HULLER: Good afternoon. For the record, my name is Russ Huller, transportation. Item 12(C)(1) is a public hearing to consider revising the resolution 92-152, policy and procedure for vacation of easements. Changes include not requiring a public hearing for platted easements and requiring a vacation of all properties being replatted. The public hearing requirement is not statutory and has been questioned by the board in the past. The vacation to replat is required by Florida Statute 177.101 and shall be processed by the engineering review services section together with the replat process. The filing fee will be set at $500. A resolution was prepared and approved by the county attorney's office and is in accordance with Florida Statute 177.101, 336.09, and 336.10. An omission was made to attachment D which is page 16 of your agenda item on or about line 57 where I'd like to insert C(2)(B) which I'll read. List of abutting and other property owners within 250 feet of the proposed vacation to include name, address, and ZIP code. That's so we can send letters to the adjacent property owners of the public hearing. COHMISSIONER HANCOCK: On that, Russ, real quick, consent agenda items still receive the same notification process regular agenda does; is that correct? If it's on consent agenda, same notification process? MR. RUSS: Right. COHMISSIONER HANCOCK: Okay. Thank you. MR. RUSS: With that addition, staff recommends approval. CHAIRMAN NORRIS: Okay. COHMISSIONER HAC'KIE: I think this is a great idea, having worked with this -- COHMISSIONER HANCOCK: I believe it emanated from you, didn't it? COHMISSIONER HAC'KIE: -- in the private sector and the public. I'd like to move approval of the staff recommendation. COHMISSIONER HANCOCK: I'm going to second that. CHAIRMAN NORRIS: We have a motion and a second. Mr. Dotrill, are we comfortable that we are not opening the door to let something unintended happen to us in the future by not maybe having as much inspection of some of these as we should? Are we comfortable with this? (Commissioner Matthews entered the boardroom.) MR. DORRILL: I think that we are, but I think it's something that needs to be monitored as we get started with the change so that if we need to come back with some modification we can, but I'm in support of the staff position. COHMISSIONER HANCOCK: Along those same lines, the level of staff review remains consistent, if I'm correct, Mr. Mullet? It's just how it is presented to the board that is being changed? MR. HULLER: Exactly. And it helps in the time -- in the time frames of the advertisement. COMMISSIONER HANCOCK: And if there is -- The reason I asked about notice requirement, if there is an objection, one of us will put it on the regular agenda for discussion. So I think that notice requirement is probably the most important part of consistency there. CHAIRMAN NORRIS: That's true, but at the same time there have been rare instances when we disagree with staff. So I just want to make sure that we weren't putting ourselves in a position to -- to maybe not have the control that we intended to have. And if Mr. Dorrill's comfortable with it at this time, we'll go ahead with it. All those in favor, signify by saying aye. And those opposed? Thank you, Mr. Mullet. Item #13A1 RESOLUTION 96-26 RE PETITION CU-95-15, JAMES H. SIESKY OF SIESKY & PILON REPRESENTING HIGHLAND PROPERTIES OF LEE AND COLLIER LTD. FOR A CONDITIONAL USE PER SECTION 2.6.9 (ESSENTIAL SERVICE) OF THE LAND DEVELOPMENT CODE WHICH PROVIDES FOR ESTABLISHING A SEWAGE EFFLUENT POND(S) IN ANY ZONING DISTRICT FOR PROPERTY LOCATED APPROXIMATELY ONE MILE WEST OF C.R. 951 ON THE NORTH SIDE OF TAMIAMI TRAIL EAST - ADOPTED Next petition is 13(A)(1), petition CU-95-15. Hr. Siesky, are you here? Does he know you're going to have that? MR. NINO: Ron Nino for the record, planning services department. This petition is made possible by provisions in the Land Development Code which provide for sewage lagoons or sewage treatment ponds as essential service conditional uses. The property we're dealing with consists of 140 acres -- 48 acres plus or minus and is located on the East Trail immediately across from the Hitching Post and occupies the southwest corner of the Lely Resort PUD. To the west is agricultural lands, and northwest is the Naples Manor development. All of this property is zoned agricultural. The contiguous property is zoned agricultural. And, of course, Lely Resort PUD is zoned PUD. At the time this petition was submitted, the owner was the Highland Properties; however, I think you all appreciate that at this point in time the county is a contract purchaser. And interestingly enough, as I understand it, the conditions of that contract do not include zoning but include some permitting requirements that I believe, in part, are met and, in part, will be fully met by this Wednesday, I believe. MR. DORRILL: Which is why I sat up a little straighter. When you referred to my effluent ponds as a sewage lagoon, I started to take offense to that. MR. NINO: I'm sorry. I meant effluent ponds. Thank you. COHMISSIONER MAC'KIE: Excuse me. MR. NINO: Thank you. COHMISSIONER HANCOCK: Sounds like a ride at Disney World. MR. NINO: And, of course, as you well know, the county owns the piece in the middle which is the intended community park. Conditional uses are required to meet certain conditions, findings, and we enumerated those findings in your staff report and believe that the preponderance of those findings support a decision to approve the conditional use. Let me go backwards a little and assure you that this petition, if approved, would be consistent with the future land use element and appropriate elements of the Growth Management Plan. CHAIRMAN NORRIS: Mr. Nino, this is just a continuation of the direction the board has given you previously; is that correct? MR. NINO: Yes. Yes. CHAIRMAN NORRIS: Do we have public speakers on this? MR. DORRILL: You have no public speakers aside from the agents who are here on behalf of the Hubschman interest and I presume will answer questions if you have them. COHMISSIONER HANCOCK: I assume if a motion for approval is made, the agents will probably waive their speaking. MR. DORRILL: I would think so. COMMISSIONER HANCOCK: As -- As Chairman Norris indicated, we looked at a lot of the external impacts when we agreed to go forward with the purchase of this land. So nothing in those impacts has changed in your opinion, Mr. Nino? MR. NINO: No, they have not. COMMISSIONER HANCOCK: Okay. The fact that this remains consistent, I'll make a motion to approve petition CU-95-15. CHAIRMAN NORRIS: Let me close the public hearing first. COMHISSIONER HANCOCK: Okay. CHAIRMAN NORRIS: The public hearing is closed. COMMISSIONER HANCOCK: I'll make a motion to approve petition CU-95-15. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? There are none. Item #13A2 RESOLUTION 96-27 RE PETITION CU-95-16, WILLIAM L. HOOVER OF HOOVER PLANNING, REPRESENTING JAMES H. SMITH, REQUESTING CONDITIONAL USES "1" AND "3" of the "E" ESTATES ZONING DISTRICT TO ALLOW FOR A CHURCH AND A CHILD CARE CENTER FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE BOULEVARD - ADOPTED \ Next item is 12(A)(2), [sic] Petition CU-95-16, Hr. Hoover's project. Mr. Bellows, you'll be presenting that? MR. BELLOWS: Yes. For the record, Ray Bellows of the current planning staff presenting petition CU-95-16, William Hoover requesting conditional use one and three of the estate zoning district to allow for a church and child care facility for property located on the south side of Golden Gate Boulevard. As you can see, the subject site is located next to a non-residential use, Collier County park, and is a lot -- one lot away from the Big Cypress Elementary School. The proposed 280-seat church and child care facility qualifies as a transitional conditional use as specified in the Golden Gate master plan based on the following criteria. The site is no closer than one-half road mile from the intersection of the neighborhood center. Two, the site is two and a half acres or more in size, less than five acres. Three, the property abuts a non-residential use, in this case the county park. The site is also not to be adjacent to a church, school, or fraternal lodge, or foster home, which it is not. The petitioner proposes to develop the project in two phases. The first phase limits the church to 6,250 square feet and the child care center to 2,600 square feet. The second phase limits the church to 10,000 square feet and the child care to 3,700. The traffic review indicates 58 weekday trips and 228 trips on Sunday in phase one, while in phase two it will generate 206 trips on a weekday and 16 trips on a Sunday. At buildout, the entire project will generate 350 trips on a weekday and 388 trips on a Sunday. To improve compatibility with the surrounding properties to the north across Golden Gate Boulevard, the applicant has set back the structure to approximately 110 feet to preserve a large wooded landscaped area in front of the project. The Collier County Planning Commission reviewed this on January 4 and approved it by a vote of eight to zero. CHAIRMAN NORRIS: Mr. Bellows, what is on that lot there that is between the subject property and Big Cypress Elementary? MR. BELLOWS: This one is a single-family residence owned by the petitioner. CHAIRMAN NORRIS: There's an existing residence at this time? MR. BELLOWS: Yes, sir. CHAIRMAN NORRIS: Okay. COHMISSIONER HAC'KIE: Owned by the petitioner? MR. BELLOWS: Yes. COHMISSIONER MATTHEWS: Owned by the petitioner? CHAIRMAN NORRIS: Owned by the petitioner? MR. BELLOWS: Owned by -- COHMISSIONER HANCOCK: They're probably not going to object. MR. BELLOWS: No. CHAIRMAN NORRIS: They did not object to their own petition? MR. BELLOWS: No, they did not. CHAIRMAN NORRIS: Okay. That's good to know. Commissioner Hancock. COHMISSIONER HAC'KIE: You never know. COHMISSIONER HANCOCK: I'm a little concerned when I look at the parking area. I see one stormwater treatment, a storage area to the southeast on the property. Obviously I assume that's got to be bermed to avoid, you know, going off site. MR. BELLOWS: Yes. COHMISSIONER HANCOCK: I'm just looking at it, and the rule of thumb on -- on many facilities is roughly 20 percent of the site, and I'm just curious if the petitioner could address for me how stormwater management has been addressed. Obviously this area is no -- It's no secret that a periodic flooding can occur. I'm just curious about the stormwater address, how you address stormwater on this site. MR. HOOVER: For the record, Bill Hoover of Hoover Planning representing the petitioner. The stormwater was addressed by Michael Andy of Butler Engineering, and he didn't feel there was any problem on using that area down there. If we need to, we -- we -- we do have two additional natural areas on the north end of the property that could be utilized for that. COHMISSIONER HANCOCK: And are you anticipating paving all parking or possibly using grass parking in some areas? MR. HOOVER: The rule on that is you can use up to 70 percent grass parking. So I -- I would assume somewhere between 50 to 70 percent would be grass spaces. COHMISSIONER HANCOCK: I don't have any more questions. CHAIRMAN NORRIS: Do we have public speakers? MR. DORRILL: No, sir. UNKNOWN VOICE: Yes. CHAIRMAN NORRIS: Yes, sir. MR. DORRILL: I'm sorry. Yes, we do. There's Ms. Howard. MR. HOOVER: If you'd like, I'll just make my presentation after the speakers. Is that fine? CHAIRMAN NORRIS: Sure. MR. DORRILL: Then, Mr. Keller, you'll follow Ms. Howard. Ms. Howard, go right ahead. MS. HOWARD: I'm Donna Howard. I live just about across the street from this, and I'm very much opposed to this. We have a lot of traffic flow there. There, as a matter of fact, yesterday was an accident just down the street from the school. You have school five days a week nine months out of the year. You have the park that's going to be in there which I'm glad it's there. I have no problem with that. I have no problem with the school. My problem lies with the church and the day care center. The day care center is all year-round. We have enough traffic on that boulevard. I've lived there for 16 years. I've seen a lot. I have four children, ten grandchildren, and one great grandchild. So I am not against children in any way nor am I against churches. But to put that there with the traffic at the school -- you have big trucks going up and down from Apac. You have the school bus themselves that take the kids from out -- way out. You have the emergency vehicles going up and down there, and it goes all the time. I bought out there knowing that this was residential. When you put the day care center in there, this does not represent residential any longer. It turns commercial. I like my peace. I love living out in the woods, and I -- I would really like it to stay the way it is. I like the park being there. If I want to go over and watch my grandkids play ball, I can do that, and I can watch the other ones. I don't mind that. This should not happen out there. It's not needed out there, as was said before. We have 14 child care centers in Golden Gate, not including the ones that are in private homes. There are 30 churches in Golden Gate. We don't need another church there. The traffic is too bad. It's -- It's a risk. It's a very big risk. I've seen a lot of very bad accidents there. Mr. Smith had phoned me and told me that the county was surrounding him, he can't sell his house, so on, so forth because the county is doing this to him so this is why he wants to do this. Well, how is this going to help him sell his house? Another thing he said was he wasn't planning on moving for four years because his son's in school. Well, his son's a junior in high school. So that lets out four years. I've lived there 16 years. I've lived in this county -- it will be 26 years next month. I have no plans on moving. I plan to live here and retire here, hopefully in peace. Please, I'm asking you to let this just stay with the school and the park. The residential -- if you have a house built there, you have maybe two to three cars. If you have this church and day care, you can have -- I believe the parking was between 50 and 60. That's a heck of a lot more cars going in and out of there. Also, they contend that there's going to be four-laning in two years. It comes up for review in two years. It doesn't mean that it's going to be done. To me this is -- When he brought this up, he had 5.545 acres of land, and in order to get around this, he deeded over to the county all but 4.9. Now, to me he did this deliberately just to stay in realm of what you have to be, under five acres. This is solely for his own personal gain and not for ours, the people who live out in the estates and want it to be kept residential. Please help us keep it that way. Please help me keep it that way and keep the people that go up and down there a little bit safer. We don't need this added traffic there. We don't need the day care center. You do not have to build the church also as we found out at the Planning Commission. If you can build that, you can build that day care center and never have to build the church. So this church to me is just let me build it because it's going to be a church. Thank you very much. CHAIRMAN NORRIS: Commissioner Hancock. COMHISSIONER HANCOCK: Miss Howard -- MS. HOWARD: Yes. COMMISSIONER HANCOCK: -- am I correct in assuming that you are not -- it would be in opposition if this were just a church or just a day care facility and not combined? You would be in opposition of either individually? MS. HOWARD: Either one. COMHISSIONER HANCOCK: Okay. MS. HOWARD: But basically the day care. COMHISSIONER HANCOCK: Okay. The -- Miss Howard has somewhat of a point as I look at the location of the school and the park and this potential use, that we're kind of developing a node in the estates here, and it's never popular to say no to a church or no to a day care facility '- MS. HOWARD: I realize that. COHMISSIONER HANCOCK: -- but I think we do need to -- and I'll -- I'll let the remaining speakers come up, but I do think we need to look at how this may begin to operate as a node out there. And, Mr. Bellows, if you'll be thinking about that, we might want to talk about that a little bit later. MR. BELLOWS: Sure. CHAIRMAN NORRIS: Thank you, Hiss Howard. MS. HOWARD: Thank you very much. I appreciate it. MR. DORRILL: Mr. Keller and then Ms. Cirincione. MR. KELLER: George Keller. I hope you don't confine me to ten minutes. I may not take it, but I'm representing the Golden Gate Estates Civic Association. I'm the official spokesman for them before the board. We do have the president here. She may say something too. However, I've been involved in zoning in Collier County for over 15 years. I was -- I was chairman of the zoning committee for the -- for the Collier County Civic Federation, and I was president of that association for eight years, and I was very much involved in zoning. And I'll refer to you the fact that in Golden Gate Parkway, they -- some years ago they just kept on adding churches and adding churches and adding churches, and it got to the point where it was going to become Church Street instead of Golden Gate Parkway. And so finally after much agitation by our group and the people in Golden Gate -- especially the people on that side of Golden Gate -- you will notice in your codes, you're restricted the use of churches on Golden Gate Parkway. And for those of you who are not familiar with it, I'd like to just read that part. The provisional use, except essential services, which is schools, police stations, and stuff like that, shall not be permitted on Golden Gate Parkway within the -- the -- in the estates-designated area west of Santa Barbara Boulevard or on the west side of R -- C.R. 951 within the estates-designated area unless the parcel is directly bounded by provision uses on two or more of the sides -- side yards with no intervening rights-of-way or waterways. So it took -- it took three years, about three years of hard work by the people in Golden Gate Estates to say no more. Now, if we open up this can of worms right here, what we're doing is we're going to be establishing a policy that is going to break the whole spirit of the Golden Gate planning. I was on that committee for two years. Now, let me just refer you to the fact that when this committee was finished with its work -- and it was very laborious work -- this is the book I've got. I was -- I was the secretary of the committee. Okay. Now, they've -- they sent out a mailing. They sent out a mailing to see what the people thought about our planning. We set up activity centers, specific spaces, and said that no provisional uses could be placed unless they were two and a half miles from an activity center. Well, these activity centers were five miles apart. So that means you couldn't put any in between the activity centers. They had to go in the activity centers. Well, the letter they sent out asked the people in Golden Gate what their opinions were about various things and it was -- Number one was continue the current procedure. Number two was continue current procedure with modifications to the review criteria. Number three was limit provisional uses to potentially -- potential activity centers. Now, the results of that was, number three, restrict the use of the activity centers. Fifty-four and six-tenths percent of the people were for that -- that provision. Overall -- Overall, all of the people in Golden Gate City and the estates come out against -- fifty-four and six-tenths percent against any changes from the planning that was set up by the committee. The committee was -- The committee was very diligent. We set up -- We set up a planning for Golden Gate Estates that was far ahead of any planning for this whole county. Our plan -- COHMISSIONER HAC'KIE: Mr. Keller, the -- the staff report says that the proposed uses are consistent with the Golden Gate master plan. MR. KELLER: Well, now, you see, here's the answer to the thing. We -- We spent two year -- two years on this master plan, and we -- we specifically wanted these activities put in the activity centers. But when it got thrown around and staff and such, by the next year they made some changes, but even so, in that particular answer, they -- they are right when they talk about this particular thing by -- word for word, but if you put a provisional use -- provisional uses shall not be limited to designated neighborhood centers, and they put the word "neighborhood centers" instead of "activity centers." In fact, I don't know where they got that word because we never used it. Provided they put adequate -- Provided they give adequate buffering from residential areas but also -- also even though you could put one in, it says that you can't put one in next to -- next to a church, a school, day care center, and various other things. Now, this is a church and a day care center. Now, if you couldn't put another provisional use next to a church or a day care center, how come you can put the day care center next to the school? How come you can put the church next to the school? It -- It -- It's really -- Honest and truly, if I -- it would take a Philadelphia lawyer to understand this thing, and it was a -- it was a mess when it was finally finished up. It was not what the people wanted. We do not want any -- to break -- break the present zoning in the estates. We have the best zoning in the estates of any part of Collier County and maybe the best zoning in the world because we restrict it to one house on two and a half acres unless you are grandfathered in with the one and a quarter acres, and we have no place -- no place -- no provision to go and put this type of thing where it is. Unfortunately we put the school there, and we put the park there. So then what happened is the people that had the property next to the park sold out, and I think they sold to this man. But, please, do not go and start opening up a can of worms and -- and if you do, we're going to have provisional use all over the estates, and I'm telling you that whoever votes for this is going to be in trouble. COHMISSIONER HANCOCK: Would you like to specify that threat, Mr. Keller? MR. KELLER: Well, when the election comes up -- COHMISSIONER HANCOCK: You're not going to take me out in the hall, are you? MR. KELLER: When the -- When the election comes up, we'll specify. COHMISSIONER HANCOCK: Okay. MR. BELLOWS: I'd just like to point out the staff didn't make any changes to the Golden Gate master plan. That was done during a public hearing by the Board of County Commissioners -- CHAIRMAN NORRIS: Commissioner Matthews. MR. BELLOWS: -- which did away with the neighborhood centers. COHMISSIONER HAC'KIE: Well, the board adopts it. MR. BELLOWS: Yeah. COHMISSIONER HAC'KIE: So whatever it is, it's the board's decision. We adopted it. MR. KELLER: But you can't -- You can't put -- CHAIRMAN NORRIS: Mr. Keller -- MR. KELLER: You can't put -- CHAIRMAN NORRIS: Mr. Keller, you've had your turn, please. MR. KELLER: But -- CHAIRMAN NORRIS: Mr. Keller, please. MR. KELLER: All right. All right. CHAIRMAN NORRIS: Thank you. COHMISSIONER MATTHEWS: I had a question for Mr. Bellows in that the -- the changes that occurred in this master plan based on what Mr. Keller is telling us and the changes that were -- that were actually adopted, when was that done? MR. KELLER: 19 -- 19 -- COHMISSIONER MATTHEWS: I'm asking Mr. Bellows, please. MR. KELLER: Oh, I'm sorry. COHMISSIONER MATTHEWS: Thank you. MR. BELLOWS: I wasn't involved, but that was long-range planning. I wasn't involved in that. COHMISSIONER MATTHEWS: Any idea what the date was, what year? MR. KELLER: 10 of '91. MR. BELLOWS: '93. '92. COHMISSIONER MATTHEWS: '92. Okay. And -- And do you have any information as to how the changes came about that Mr. Keller is talking about? MR. BELLOWS: Well, that's purely long-range, and I wasn't involved in that. COHMISSIONER MATTHEWS: Okay. Because I -- I -- MR. BELLOWS: The thing -- COHMISSIONER MATTHEWS: When I read -- When I read this over the weekend, I, like Commissioner Hac'Kie, am saying, you know, this says that it's okay. MR. BELLOWS: Yeah. Basically there was a provision. I believe it was always in the Golden Gate master plan for transitional conditional uses which this is. That means if someone has property that abuts a non-residential use, they feel that there's a detriment to their ability to market their property, and, as a result, conditions put into the Golden Gate master plan allowed for them to -- for conditional uses to buffer between the residential uses on either side of this non-residential use. In this case, when the county inserted the county park at this location, it created an opportunity for this property to be consistent with the transitional conditional use criteria. There's only two such properties -- COHMISSIONER MAC'KIE: The county imposed the conditions. By -- By putting the park there, the county imposed the conditions that allows them to qualify the needs of the transitional __ MR. BELLOWS: That's correct. COHMISSIONER MAC'KIE: -- conditional use characteristics by putting the park there. MR. BELLOWS: Yeah. And you can only do it once. You can't piggyback off this conditional use. COHMISSIONER HAC'KIE: To get the house next door. MR. BELLOWS: Yeah. CHAIRMAN NORRIS: Next speaker, please. MR. DORRILL: Hiss Cirincione s your final registered speaker. CHAIRMAN NORRIS: Thank you. MS. CIRINCIONE: I'm Vilma Cirincione. I'm president of the Golden Gate Estate Area Civic Association. I happen to have had the flu so I've got a cold. I think this whole thing has gotten off track. First of all, we're talking about a business. A child care center is a business, and according to the master plan, businesses are not allowed in the estate except in those utility centers which the commissioners over a year ago -- like two years ago eliminated those utility centers and said -- COHMISSIONER MATTHEWS: The neighborhood centers, you mean? MS. CIRINCIONE: The neighborhood -- Well, now they're calling it neighborhood, but when I'm going to these planning meetings now, they're still calling them utility so it's changeable -- COHMISSIONER MAC'KIE: Activity. MS. CIRINCIONE: Activity. I'm sorry. Activity. Wait a minute. So the thing is that it was brought up. They were questioned at the last meeting before the commission board, and they said the church does not have to be built for five years or more. They can put in a child care center the next month. Then you're talking about a business. It's not a church. A church is not in business. So, actually, by allowing it, you're breaking the master plan because on our master plan the new one that's going to come out, I did have to make a concession because of the fact that some of those members felt we have to let people know if they're going to buy property next to a utility center, that it could be commercial. So they have made one change for the new plan, but it's still no businesses anyplace else except that they want to reinstate the four centers that you took out two years ago. They want to put them back in, and I did tell them that the commissioners took them out, and you're putting them back in. So this is what I did concede to and they insisted on. All future activity centers will be put on commercial and conditional use in the year 2000 when need identified. I mean, they're talking about a church that is not in existence. I mean, it's -- If you're going to allow him to do this, then every owner on the boulevard can deed us 30 feet to the county, and he'll have a conditional use. And if we're going to honor the master plan, we have to stick to the master plan. You know, in the past there have been a lot of people here when they want to put a shopping center out in Everglades and Golden Gate Boulevard, the people were in here protesting. They didn't want it. I was at one hearing about two months ago, and some man stood up and says, well, the estate needs businesses. Well, I found out he didn't live in the estates. He owned the property out there, so he wanted it. I says, you don't speak for estate people. We had a vote last week, and we also had one for the legislatures on the incorporation and everybody -- There were 45 people total. They all voted against changing the master plan and allowing the child care center there. And, like I said, if you allow one, you may as well throw the master plan out. I've wasted my time. Those people are wasting theirs. So I hope you're going to forget this business of a church because I don't think they really are putting a church in. It's really a child care center, and that's a business, and it's been in court cases before in South Florida where when a church rents their parking lot or anything else, they become a business, and they lose their tax status. I mean, I know that from Miami. So -- And another thing is he is selling. He's got his house up for sale. He doesn't care. He's leaving. But we're going to be stuck with the problem. And the next thing he'll want -- someone will want to expand from Wilson east and west and the same thing on all the others. So please give it very careful consideration because it is our future, and the people have told Betty Matthews, Mr. Norris, Tim Constantine, and the other commissioners before you that we do not want anything out there. We want it to be residential country, and that's what they want, and that's what they asked for. So give it very careful consideration. Thank you. CHAIRMAN NORRIS: Thank you. MR. DORRILL: That's all. CHAIRMAN NORRIS: That's it? MR. BELLOWS: I'd just like to point out that the estates zoning district allows for churches and child day care centers as conditional uses, these permitted uses as long as they obtain conditional use approval. In this case, conditional uses can only occur in the estates in transitional areas which this is one of the sites. CHAIRMAN NORRIS: Okay. COMMISSIONER MATTHEWS: Because of the park. MR. BELLOWS: Because of the park. CHAIRMAN NORRIS: Mr. Hoover, do you have something you need to put on the record then? MR. HOOVER: Yes. For the record, Bill Hoover. What we wanted to show was that -- the -- the key issue on this -- on this project seems to be two things. It seems like the civic association are not happy with the Golden Gate area master plan; however, what's currently in place is what we really need to -- COMMISSIONER HANCOCK: Bill, just so you know, George is sabotaging your -- MR. KELLER: I'm trying to help. MR. HOOVER: Okay. MR. WEIGEL: I'll hold them. Which one would you like? MR. HOOVER: This one right here. Basically to the west and the south, this property's surrounded on two sides by a county park, and the county park is such that down here we had four variances approved. COMMISSIONER HANCOCK: I'm sorry, Bill. You have a free hand. Would you hang onto that? I think our county attorney may have other things to do -- MR. HOOVER: Sure. COMMISSIONER HANCOCK: -- than be a standing easel. Thank you. MR. HOOVER: So to the south of the property -- the subject property, we've got a county park. There was four variances approved on that property. To me, that's probably the most intensive use out there as a land planner. The -- One of the variances -- One of the variances was for a -- allowing the height to exceed the normal 30-foot requirement. It goes up to 70 foot to allow light poles. Another one reduced the front yard setbacks from 75 feet to 15 feet. So we've got two pretty serious variances that were approved there. The park back here, it's basically set up for exterior activity such as basketball courts and things like this that are going to be operating at eight, nine o'clock at night. Further to the east -- So we have a school, and this property here is jointly use. So basically these two properties owned by Mr. Smith have been surrounded by land uses that I would call quasi-residential. And what we've done -- We've done a couple things here to try to improve compatibility with the surrounding property. This natural area here is 110 feet deep, and we have actually got the church setback about 175 feet. If you go out and drive the road, the only place that you're actually going to be able to see anything is through the driveway here. Hence, what we have is something that you're really not going to see unless you drive back in here to the park. And something else as far as compatibility, the -- in the county staff report to the Planning Commission, the county planner said that the project was deemed incompatible twice in that staff report. In your executive summary, they've also stated that the project is compatible. The lady that was saying she lived approximately across the street, she lives -- this is her house right here, and this is the church. That's 800 feet away, and there's probably about 800 trees in between there. So unless she builds some kind of tower or something, she's not going to be able to see this church. COMHISSIONER MAC'KIE: She was talking about traffic impacts -- impacts too, Mr. Hoover, not just visual impacts. MR. HOOVER: Well, one of the Planning Commission mentioned that -- in his opinion that the traffic is actually going to decrease because people in the area -- if you want to use a child care center, you may take one child to the school right here, and then you've got to take your other child to Golden Gate City or maybe down on Pine Ridge Road to a child care center. So what it does, it allows you to eliminate your trips or shorten the trips. So it's not the type of use the child care center where people are going to be driving from Golden Gate City out here. It's more to serve the people in the immediate area so you don't -- you can drop them off on your way to work. COMMISSIONER HANCOCK: Mr. Hoover, one of the statements that was made several times indicated a separation between the day care center and the church. Will the owner and operator of the church be the same as the owner and operator of the day care center? MR. HOOVER: At this time, that's what it would be intended. COMHISSIONER HANCOCK: Okay. And I'm not looking for at this time. Here -- Here's my -- my concern. There was some statements made that you could go out and build a child care center and operate it and the church may come, it may not come, it may happen, it may not happen. When you tie a church and a day care center together, it creates kind of a different situation as just a stand-alone commercial day -- commercial care, commercial day care. I mean, the two are different uses in -- in traffic impact typically and in other ways. So what I'm asking is, are the two seen as a single project, or is this looking to get two uses on the project? Do you have a church that's ready to move in and build or -- or not? MR. HOOVER: They have three churches that they're talking with right now, and the -- the only church that I've talked to myself personally -- it's been a couple of months back -- the child care center was extremely important for them, and they said they couldn't afford a church project without the -- because they're a growing church, but for them to put up a building, they -- they need a child care center during the week that the church volunteers could work at which would assist them in paying off their mortgage and things like that to allow the church to grow. COHMISSIONER HAC'KIE: Could we -- Could we -- If -- If the board chose to approve it, could a condition or a stipulation be that a day care center can only be operated there in conjunction with an operational church that -- that we're not approving a stand-alone day care center? MR. WEIGEL: I believe you may. COMMISSIONER MAC'KIE: Okay. MR. HOOVER: One of the discrepancies we ran into -- I talked to Tony Treego, a local surveyor for about 18 years. The -- the -- the -- Obviously the estates is typically made up of two-and-a-half-acre and five-acre parcels out there. The tract that is owned by Mr. Smith, because Golden Gate Boulevard is designed to be a future four-lane road, when the plat was actually made, that -- instead of it being 660 feet, it was made 680 feet because the intention was to give 50 feet right-of-way easement on the north end to the county, and on the south end, there's -- Since we've got a double frontage lot, we've got a 30-foot right-of-way on the south side of the property. The county mistakenly advertised the property instead of being 4 -- We have 4.545 acres of actual land that is not -- doesn't have a right-of-way easement over it. And after I talked to Mr. Treego, he said that's what you need to figure on your project. Well, it was advertised as 5.45. The actual land on the original deed was 5.15 acres, 680 times 330. So Mr. Kant from the transportation services said that the county would be happy and it's customary to take a deed, and we've prepared a deed. It's been run by him as well as -- is it Kevin -- Kevin Hendricks of Real Property, and they asked us to bring the original deed to the -- this hearing. COMHISSIONER MAC'KIE: Of course, the deed is not effective until it's accepted by the county, and it can only be accepted by the county commission. MR. HOOVER: That's what Mr. Hendricks said. COMHISSIONER MAC'KIE: Okay. So it's not effective yet. MR. KELLER: It's illegal. CHAIRMAN NORRIS: Are there any more questions for Mr. Hoover? COMHISSIONER MATTHEWS: Yeah. I've -- I've got one question and -- Mr. Hoover and Mr. Smith, I met with y'all yesterday and -- and as of yesterday I had only had one phone call and a letter, an objection to this, but I'll tell you, I -- I -- I think I need to find out more about the public meetings that occurred in 1992 as to this master plan because I'm -- I'm a little bit concerned that when I met with you I had read this telling me one thing, and I think I'm hearing something just a little bit different now as to this being a transition area and Commissioner Hancock's option and notice that we're creating a node and that we might need to be a little more careful about that. COMHISSIONER MAC'KIE: That perhaps -- I mean, there seems to be two -- two issues here though. Maybe this was an unintended result -- COMHISSIONER MATTHEWS: That's what I'm thinking. COMHISSIONER MAC'KIE: -- of the master plan process, but, nevertheless, it exists presently while this man is applying for approval for his property. So we've got a thin line to walk there between what are the current regulations and we -- that we have to abide by unless we can make a case that they were somehow adopted in error or something. COMMISSIONER HANCOCK: Yeah. The -- If I can comment about the concept of a node there is that the idea is churches and day care centers were to be spread out throughout the estates so that no one area was impacted significantly by a cjustering, if you will, and that really hasn't been followed in the past. What happens is a church builds, and then about 300 feet away someone says, well, you let them build so -- and you end up with -- COMMISSIONER MAC'KIE: Like McDonald's and Wendy's. You see one -- COMMISSIONER HANCOCK: Exactly. You end up -- You end up almost cjustering by way of -- of -- of land use saying, well, you know, I'm next to a church, so why can't I be a church too. That being said, the other side is that we created a situation here that -- that -- COHMISSIONER HAC'KIE: Correct. COHMISSIONER HANCOCK: -- that I look -- As I look at the map, this piece will back up to a county park that's going to have lights and -- and although they'll be shielded and everything, yeah, there's -- you know. I'm not so much about -- worried about the adjacent use. The adjacent use is a road, and that's pretty low intensity, but they do back up to a county park. On the other side of it, I probably wouldn't have the same feeling about -- you know, considering granting it because it backs up to estates zoning -- COHMISSIONER HAC'KIE: Right. COHMISSIONER HANCOCK: -- not a -- not a park. So we've created a situation that we have to weigh and I -- I'll be honest. I don't -- I'm not sure which way to go with it because there are some impacts here that make this individual lot special, but by the same token, Hiss Howard stated -- and I agree with her -- we need to be concerned about the traffic generation here. MR. BELLOWS: Yeah. That's one point I would like to bring up again, is that we're phasing the project to limit the size until the four-laning occurs, and then they can build out to a 10,000-square-foot church. COHMISSIONER HAC'KIE: Is that because the traffic impacts require it? I mean, it -- MR. BELLOWS: No. It basically boiled down to when a turn lane would be required, and the petitioner preferred not to build that up front. So they phased the project to keep the left turn lane into the site from being implemented right away. COHMISSIONER HAC'KIE: If I understood your answer, I would have answered the question just the opposite. The traffic impacts are such that this property owner could either build the turn lane or wait until it -- MR. BELLOWS: That's correct. COHMISSIONER HAC'KIE: -- comes up in the county road plan. MR. HOOVER: That's absolutely incorrect. There-- I -- I turned in a traffic impact study that I will be happy to provide with you. We did not meet the criteria for a left turn lane while the road was two-laned. COHMISSIONER HAC'KIE: Even when it's maxed out? MR. HOOVER: Correct. Mr. Kant says, well, I don't feel comfortable with that, and even though you're not crossing the threshold, I think we came to about 70 percent of the threshold. He said, why don't we see if we can work something out. And so we suggested phasing, and so that's the reason we agreed to phase the project, so we would be less than, like, 50 percent of the threshold of the left turn, and that criteria is found in the county's, like, turn lane policy. So we do not cross that threshold. COHMISSIONER HANCOCK: But -- MR. BELLOWS: I was just referring to Mr. Kant, but you said 70 percent. I thought he meant a little higher. COHMISSIONER HANCOCK: Mr. Kant does recognize, as do I, that Golden Gate Boulevard, the majority of the accidents -- I studied some accident data along Golden Gate Boulevard several years ago, and the majority of the accidents were where someone was turning left, somebody two or three cars back would pull out to pass and then broadside the person turning. It seems to be that this road has a volume of traffic and a pattern of that happening. MR. BELLOWS: That's one reason for this phasing. COHMISSIONER HANCOCK: Yes. So I think there are local conditions that may merit additional concern beyond just minimum threshold on -- on this particular road. I've seen the traffic data. It's not pretty. COHMISSIONER MATTHEWS: I -- I want to -- MR. RYNDERS: If I could address the board when I get a chance. COHMISSIONER MATTHEWS: Just a moment. Just a moment, please. I want to make a comment on the -- on the traffic on Golden Gate Boulevard because I -- I've been concerned in following the PD and E that's been going on for the four-laning of that road. And I -- I talked with Mr. Archibald just last week about it, and he -- he tells me that that road is right now as we speak at 85 percent capacity, and if nothing changes, it will be deficient by the end of 1996, and we have no plans to four-lane that for another three years. We're going to -- He -- He tells me we're going to use the entire three-year window available to us to four-lane it. So that road is going to have more and more traffic impacts on it over the next four years than it has right now. COHMISSIONER MAC'KIE: How does that not make it to the staff report? MR. BELLOWS: Basically what I said in the staff report is that the project is being phased. The first phase doesn't exceed the 5 percent significant test on Golden Gate Boulevard; so, therefore, it's not a significant impact. And the second phase will only occur after the four-laning. MR. RYNDERS: If I could comment, my name is David Rynders, appearing on behalf of the applicant. I'm an attorney here in town. With regard to this issue of the traffic going onto Golden Gate Boulevard, it's fairly obvious that the property fronts on two streets. It also fronts on First Avenue Southwest. Now, if you're concerned about all traffic being forced onto Golden Gate Boulevard, you could require a second access point to the south for any church or school or day care facility which would split some of the traffic and reduce the impact on Golden Gate Boulevard. But the county commission has set the standards and determined what is significant -- a significant impact and what is not a significant impact, and we are well under the threshold that y'all have determined is significant. So to be calling it insignificant today when your standards say something else doesn't meet the letter of the law. The conditional use for this transitional zone meets each of the six criteria for the Golden Gate master plan without any question or problem. This deed that was presented was for 30 feet which is half of -- of First Avenue Southwest which is already a dedicated platted right-of-way. For some reason or other the original surveyor included that half of the right-of-way for First Avenue Southwest as a portion of this lot. COMMISSIONER MAC'KIE: So it's arguably already owned by the county because this -- MR. RYNDERS: It's already -- Yeah. It's already under your control. COMMISSIONER MAC'KIE: This is just -- MR. RYNDERS: This is just to make real sure there's no question about it. In fact, if you read the legal description of the deed, it makes it real clear that the only thing being conveyed is the 30 feet of platted right-of-way you already have dedicated to the public. So the lot is by law legally under the five-acre limit. Now, the staff advised us sometime ago that there had been some confusion about the interpretation of the Golden Gate master plan and where churches would be allowed and would not be allowed, but the language of it is elementary and clear if you just trouble to read it. It makes it very clear that this and the -- the church and the child care center are approved transitional uses, and the county and the school board have created the situation there, and I don't know how many situations you have where the county and the school have put these parks and schools together in Golden Gate Estates, probably not too many, but this is going to be the only place this is going to occur, and the county has caused it. So we're just asking for the relief under the criteria which we need under the land use plan and the Golden Gate master plan for approval of this conditional use. And there is nothing in the staff report and no evidence otherwise, other than some neighbors' fear about the traffic being routed onto Golden Gate Parkway which has already been analyzed professionally. The criteria are established. The threshold are established. And we meet all of them, and no evidence has been presented otherwise. Now, we would suggest if there is this fear that there's confusion about what would be allowed and now you're going to have churches every 300 feet and so on, get busy. You can get a typewriter and write up an amendment to that plan and make sure it doesn't happen. Whatever your concerns are, make sure they don't happen in the future. But we meet the terms of the ordinance and master plan today, and all we want is what y'all have ordained we are entitled to at this point. CHAIRMAN NORRIS: Thank you, Mr. Rynders. COMMISSIONER MATTHEWS: I didn't know we ordained. CHAIRMAN NORRIS: We don't ordain. We also don't have any typewriters anymore but -- COMMISSIONER MAC'KIE: We've got some quill pens though. CHAIRMAN NORRIS: You know, when you look at the map, there's really very little reason to assume that that should -- that particular piece of property would be more desirable to remain as residential than to be used as -- as what's being proposed here today. I think really what makes good sense is that -- put the stipulation in there that Miss Mac'Kie asked for, that perhaps we want to ensure that they're not going to just be operating a day care business and, therefore, require the church to go in first or at the same time as the day care center. Commissioner Hancock. COMMISSIONER HANCOCK: This is one of those decisions that I look at all my options and don't like any of them. You know, it -- we did, in fact, create a situation here, and what's happened is the residents in the immediate area keep saying things get busier and busier and busier, and your concerns are valid. I can't tell you they're not. The problem is Mr. Rynders has in -- in some cases correctly stated the impact -- the ordained part I still don't agree with -- but has correctly stated the conditions that have been created. And unless this board can find where we are not in compliance with the plans and the codes that are set forth, we, in fact, do have an obligation there. COMMISSIONER MAC'KIE: Is this a public hearing? COMHISSIONER HANCOCK: Yes. CHAIRMAN NORRIS: This is a public hearing. Do we have COMMISSIONER MAC'KIE: I'm ready to make a motion. CHAIRMAN NORRIS: We've already gone through all the public speakers? COMMISSIONER HANCOCK: Can I ask -- Can I ask one question here? They've talked about access to a road to the south to try and take some traffic off Golden Gate Boulevard. What are the options there, Mr. Bellows? MR. BELLOWS: It's a local road, and we would refer that COMHISSIONER MATTHEWS: That's a local neighborhood. MR. BELLOWS: Yeah. We wouldn't want all the traffic entering onto that local road, and that's one reason the master plan was designed to have backup. CHAIRMAN NORRIS: We'll close the public hearing. COMHISSIONER MATTHEWS: If I -- If I can -- COMMISSIONER MAC'KIE: There was one lady wanting to speak. I don't know if you saw her. CHAIRMAN NORRIS: Well, we -- She's had her turn, actually. COHHISSIONER MAC'KIE: Okay. Sorry. COHMISSIONER MATTHEWS: I -- I would -- I would like to say before we take a motion, I'm -- I'm really concerned about this discrepancy between what the citizens in preparing the master plan said they wanted and what we've really got, and -- and I -- I personally would like to see this item continued until we get that worked out and -- CHAIRMAN NORRIS: Are you suggesting, then, that we -- COHMISSIONER MATTHEWS: I'm suggesting that -- CHAIRMAN NORRIS: -- we revise the Golden Gate master plan to fit this one situation or this situation? We -- COHMISSIONER MATTHEWS: No. No. No. No. No. I -- CHAIRMAN NORRIS: We look at it separately, or what exactly are you proposing? COHMISSIONER MATTHEWS: I -- COHMISSIONER MAC'KIE: And even if we did -- COHMISSIONER MATTHEWS: I'm proposing -- I'm proposing that we -- you know, I -- I'm aware of what Mr. Rynders has said, that as the master plan sits right now, he meets it, but I'm -- I'm really concerned about the problem or the supposition that the citizens have said they want one thing and what they really got is different. CHAIRMAN NORRIS: But that's -- that's a separate -- COHMISSIONER HAC'KIE: But even if we changed it -- CHAIRMAN NORRIS: Isn't that a separate discussion? Mr. Rynders, the public hearing is closed unfortunately. MR. RYNDERS: Oh, I'm sorry. I just thought there might be a -- CHAIRMAN NORRIS: Thank you. COHMISSIONER HAC'KIE: Even -- Even if we changed it, though, Commissioner Matthews, we couldn't retroactively apply it to this property owner. COHMISSIONER MATTHEWS: I realize that. COHMISSIONER MAC'KIE: So why don't we act on this petition and then give direction to staff to go forward. COHMISSIONER MATTHEWS: Because I -- Because I would like to get the question resolved as to -- as to whether what we really have in our master plan is what citizens said they wanted. COHMISSIONER MAC'KIE: But it can't affect this petition. It can't. COHMISSIONER HANCOCK: Because the petition was filed prior to the change. COHMISSIONER MATTHEWS: I realize that. CHAIRMAN NORRIS: Yeah. COHMISSIONER MAC'KIE: So I move approval subject to staff's conditions and stipulations and subject to the condition that the church and the day care center have to concurrently be approved and operated. CHAIRMAN NORRIS: Or the church comes first. COHMISSIONER MAC'KIE: Or the church comes first. Okay. COHMISSIONER MATTHEWS: Okay. So you're -- you're putting a stipulation in that the church must be open and operational COHMISSIONER MAC'KIE: As a condition of the operation. COHMISSIONER MATTHEWS: -- as a condition of the day care center being approved? COMMISSIONER MAC'KIE: Yes, ma'am. COMMISSIONER HANCOCK: And your motion also includes the phasing that staff has recommended? MR. BELLOWS: That's a stipulation -- CHAIRMAN NORRIS: No, because that was the other way around. MR. BELLOWS: Stipulation G on the agreement sheet basically says the project shall be developed in two phases. The first phase limits the church to the square footages mentioned, and then the second phase cannot be initiated until Golden Gate Boulevard is four-laned fronting the project. COMMISSIONER MATTHEWS: And that's not going to happen until 2000. MR. BELLOWS: They can't continue -- They can't start the second phase until it's four-laned. COMMISSIONER HANCOCK: If the road -- If the road reaches a point of failure prior to then, we're going to have to do something. I mean -- I mean -- COMMISSIONER MATTHEWS: Well, we have a three-year window in our Growth Management Plan, and it's my understanding we're going to use every day of it. CHAIRMAN NORRIS: Mr. Weigel -- MR. WEIGEL: Thank you. Yes. CHAIRMAN NORRIS: -- you have something? MR. WEIGEL: I would appreciate if for the record the board members could state that -- as they probably can, that they're making a decision based upon the evidence placed before them today. And I asked Mr. Hoover on behalf of the applicant in regard to the motion that is on the floor at the present time showing the linkage of the church facility and the day care facility, that the applicant would on the record agree to that so the record would be very clear in that regard. MR. HOOVER: We'd be saying something like the church must be owned and operated at the time that any child care center is -- receives a certificate of occupancy. Does that sound -- COHMISSIONER HAC'KIE: Yes. COHMISSIONER MATTHEWS: That's what I'm -- CHAIRMAN NORRIS: The church is owned and operated by whom? COHMISSIONER MAC'KIE: I don't care by whom. I don't care who owns it. CHAIRMAN NORRIS: Well, I -- I do. COHMISSIONER MATTHEWS: I do. CHAIRMAN NORRIS: It needs to be the same -- same person. COHMISSIONER MATTHEWS: We want them all under a common owner. MR. HOOVER: That's why I wanted just to make sure everybody -- CHAIRMAN NORRIS: Okay. MR. HOOVER: Because I'm -- COHMISSIONER HANCOCK: My statement that kind of started that -- that ball rolling was that -- COHMISSIONER MAC'KIE: I'm sorry. COHMISSIONER HANCOCK: -- that the two need to be linked. The two need to be linked, and the church needs to be physically constructed and operational before the day care becomes operational. That was -- That was -- COHMISSIONER MAC'KIE: The intention of my motion. CHAIRMAN NORRIS: Is that agreeable, Mr. Hoover? MR. HOOVER: Yeah. COHMISSIONER HANCOCK: Okay. COHMISSIONER MATTHEWS: Okay. CHAIRMAN NORRIS: That's a -- Do we have a second on this motion, by the way? It keeps growing. Let's second it before it __ COHMISSIONER HANCOCK: Before it gets too big. COHMISSIONER MATTHEWS: Before it gets out of control. CHAIRMAN NORRIS: Commissioner Matthews. COHMISSIONER MATTHEWS: I -- I just want to clarify what we're -- what we're -- what the motion is so that I understand what I'm voting on. CHAIRMAN NORRIS: Okay. The -- COHMISSIONER MATTHEWS: The motion is that the church must be built and functional prior to the day care center -- COHMISSIONER MAC'KIE: Or concurrent with. COHMISSIONER MATTHEWS: -- or concurrent and that the second phase of this operation -- and what is phase two, Mr. Bellows? What is that? MR. BELLOWS: Phase two basically is to build out the square footage. You're limited to 6,200 square feet in phase one and 10,000 in phase two. So the remainder of that 6,250 square feet cannot be initiated until four-laning. COHMISSIONER MATTHEWS: That phase one, is it one building or two buildings? MR. BELLOWS: Could be two. COHMISSIONER MATTHEWS: Could be. Could be but doesn't have to be? MR. BELLOWS: (Nodding head) COHMISSIONER MATTHEWS: Okay. And that they can't do phase two until the four-laning is completed. COHMISSIONER MAC'KIE: That's condition G of the staff stipulation. COHMISSIONER MATTHEWS: All right. And we're -- And we're also stipulating that the church and the day care center be under common ownership. CHAIRMAN NORRIS: That's right. COHMISSIONER MAC'KIE: Yes. COHMISSIONER MATTHEWS: Okay. MR. WEIGEL: Hay the record show that Mr. Hoover on behalf of the applicant is nodding yes, or you wanted to say yes for the record, Mr. Hoover? MR. HOOVER: For the record, we also agree that the church and child care center would be -- is it owned in -- owned by the same facility or owned in -- CHAIRMAN NORRIS: It would be under common ownership. MR. HOOVER: -- be under common ownership. CHAIRMAN NORRIS: Thank you, Mr. Hoover. I'd like to put on the record that I have had no prior contact on this issue. I'm making my decision based solely on what I'm hearing here today. COHMISSIONER MAC'KIE: Same for me. No prior contact. COHMISSIONER HANCOCK: Same here. COHMISSIONER MATTHEWS: Well, I have had prior contact with a letter from a citizen opposing, a phone call from a citizen opposing, and I met with the petitioner yesterday, and -- and -- and we discussed the project at that time and -- but I will base my decision on today's public hearing. CHAIRMAN NORRIS: Thank you. We have a motion and a second. All those in favor, signify by saying aye. Those opposed? That passes four to zero with stipulations. COHMISSIONER HANCOCK: I think we need to -- MR. WEIGEL: I've had a deed handed to me, and what we can do is bring this back as a consent agenda item. CHAIRMAN NORRIS: Bring it back to the next meeting if that's acceptable. COHMISSIONER HANCOCK: I think, in addition, we need to recognize the relevance of what Hiss Howard and others from the -- the estates have -- have brought up today, and we do need to be concerned with -- I guess today I felt like our hands were kind of tied on this one, but I don't want to see this happening throughout the estates. So there's some work left to be done, and I'm not sure how to initiate it or where to initiate it, but maybe we're hitting on board workshop topics for next week already. COHMISSIONER MATTHEWS: I'd like to say the stipulations that we put on this are the -- are the things that made it work for me because the concern was that there will be a child care center without a church. COMMISSIONER MAC'KIE: I think they were concerned also -- surprised that there could be anything other than a house on that property and -- and -- and that they hadn't understood that this whole transitional district or transitional conditional use opportunity existed. And if they don't want it to be there, we need to talk about whether or not there should be a transitional conditional use which is what you've got here. COMMISSIONER MATTHEWS: And -- And the other thing -- The other thing that we may want to do that we need our staff to do, when we're in the midst of beginning to create another Golden Gate Estates park where we create the transitional, we need to know that we're doing that. MR. BELLOWS: Yeah, because that's what happened. COMMISSIONER MATTHEWS: Exactly. Item #13A3 RESOLUTION 96-28 RE PETITION CU-95-18, JACK GILLILAND, ARCHITECT OF GILLILAND ASSOCIATES REPRESENTING NAPLES FIRST ALLIANCE CHURCH, REQUESTING CONDITIONAL USES "2" CHURCH AND "4" DAY CARE CENTER OF THE RSF-4 ZONING DISTRICT FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF ESTEY AVENUE AND PINE STREET - ADOPTED WITH STIPULATIONS CHAIRMAN NORRIS: Fine. Let's move along now to 13(A)(3), petition CU-95-18, another church and day care center. COHMISSIONER HANCOCK: Don't mention transition. MR. NINO: Ron Nino, for the record, presenting petition CU-95-18 which is a petition that, if approved, would provide for construction of a fellowship hall, church expansion, and a day care center. COHMISSIONER HAC'KIE: Not in Golden Gate Estates. MR. NINO: And, of course, the project is not in Golden Gate Estates -- COHMISSIONER HAC'KIE: Thank you. MR. NINO: -- and conditional uses within the urban-designated area don't have to meet any special conditions. COHMISSIONER HANCOCK: Just compatibility. CHAIRMAN NORRIS: Mr. Nino, this is an expansion of an existing church? MR. NINO: Yes, it is. The church currently has 120-seating capacity within it and some offices and baby-sitting services during -- during chapel services. The church is located on the southeast corner of Estey and Pine Street. The property immediately to the south is zoned commercial, and there is a medical clinic on that property, a very large parking lot that abuts the church property. Across the street is zoned RSF-4. To the north and to the east -- To the north of Estey Avenue and to the east of Estey -- I mean, to the east of the church site, the property is zoned RHF-6. COHMISSIONER HAC'KIE: I have one question, Mr. Nino, in the -- in the recommendations that there be a maximum number of children of 50. MR. NINO: Yes. COHMISSIONER HAC'KIE: What was the basis for that? MR. NINO: The basis for that is that this site is relatively small and -- COHMISSIONER HAC'KIE: Won't our regular ordinances take care of how -- MR. NINO: No, it doesn't. We -- We set -- We either set a cap or we leave it up to the developer as to -- COHMISSIONER HAC'KIE: Doesn't parking control that or MR. NINO: Well, indirectly parking controls that, and that's what we're saying. Based on our -- Based on that site and some anticipation of all of the uses that they're asking for, the size of the property itself has a control factor. And if they're going to, in fact, enlarge the church, then -- then the -- the size of the day care center is going to have to be somewhere in the neighborhood of 50 as opposed to 100. We think the church expansion is the -- is the predominant mode here and the fellowship hall, but the day care center should be clearly ancillary and accessory to the church. So we want to put the major emphasis on church expansion and the fellowship hall. One of the points we want -- we made in our staff report is that the master plan is very vague. So we're saying to you that for all intensive purposes you really can't pay much attention to the master plan. We're acknowledging those uses -- Now hear me out. We're acknowledging those uses and saying that what will drive the amount of church expansion and fellowship hall, the size of the fellowship hall, and day care center will be -- really be a function of their ability to satisfy the parking. They're going to have to sit down and make a decision as to how much church expansion they want versus day care center. We don't think that's -- from a land use point of view, that that is a -- you know, a major obstacle, but we acknowledge the fact that they really haven't done their job of master planning the site, and we don't have a problem with that because we have our controls. That control is the SDP process which will determine the amounts of the uses that they're asking for. If they need to go back -- COHMISSIONER HAC'KIE: So in case they want to readjust -- if they want to make their fellowship hall smaller and their day care center larger, why are we dictating -- MR. NINO: No. COHMISSIONER HAC'KIE: -- 50 children? Why can't we let the process -- MR. NINO: Because, as I said earlier, Commissioner, we want the thrust of the expansion. COHMISSIONER HAC'KIE: Why do we care? MR. NINO: Well, we think the church is -- COHMISSIONER HAC'KIE: Why can't they control that? Why should we be imposing that condition? MR. NINO: Well, because, as I said, we think the church is the driving use, that the day care center should be ancillary and accessory. Otherwise, given -- given that proposition, Commissioner, what would be wrong with them selling a portion of the site, as your concern in the previous case, to a private organization and simply go ahead and build a dare care center. COHMISSIONER HANCOCK: Mr. Nino -- COHMISSIONER HAC'KIE: A lot of things. CHAIRMAN NORRIS: I think the short answer to that question is actually in two parts. Number one, we want to make sure they're not going to use this as an opportunity to open a business running a day care center. And, of course, the other thing is that by us stipulating a number here today, then we will know what it is that they are going to be able to do at the maximum. MR. NINO: Yes. CHAIRMAN NORRIS: Do we have any public speakers on this one, Mr. Dotrill? MR. DORRILL: No, sir. CHAIRMAN NORRIS: There's no public speakers. Is there anything else you need to get on the record? MR. NINO: This was recommended unanimously by the Planning Commission. We have no -- CHAIRMAN NORRIS: Thank you. MR. NINO: We have no written or otherwise verbal objections to the petition. CHAIRMAN NORRIS: Okay. None of the local residents in the area -- MR. NINO: None of the local residents expressed any concern. CHAIRMAN NORRIS: Okay. Fine. I'll close the public hearing then. COMMISSIONER HANCOCK: Mr. Nino, a quick question. If you were to do a day care center under straight zoning, what zoning would be required to construct a day care center? MR. NINO: Well, a day care center is a conditional use in all of the -- COMHISSIONER HANCOCK: It's not -- Yeah. MR. NINO: -- All of -- COMMISSIONER HANCOCK: It's not in any zoning district, is it? MR. NINO: No. Not in the single-family zoning district. CHAIRMAN NORRIS: Do we have a motion? COMMISSIONER MATTHEWS: Do we need to go through the ex parte? MR. WEIGEL: You should. COMMISSIONER MATTHEWS: Okay. I've had no communication on this one. None. CHAIRMAN NORRIS: No communication. COMMISSIONER HANCOCK: None -- None here either. COMHISSIONER MAC'KIE: None. CHAIRMAN NORRIS: Thank you. Now, do we have a motion? COMMISSIONER HANCOCK: I'm going to make a motion we approve petition CU-95-18 subject to staff's stipulations. COMHISSIONER MATTHEWS: I'll second it. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? There are none. So that passes four to zero. Item #13A4 RESOLUTION 96-29 RE PETITION CU-95-22, BRIAN JONES REPRESENTING VERNE W. MOSS, REQUESTING CONDOTIONAL USE 2.2.16.3.4 OF THE INDUSTRIAL ZONING DISTRICT FOR DISTRIBUTION AND SALES OF LIQUEFIED PETROLEUM (LP) GAS ON-SITE FOR PROPERTY LOCATED SOUTH OF J & C BOULEVARD WITHIN THE J & C INDUSTRIAL PARK WEST OF AIRPORT-PULLING (C.R. 31) AND NORTH OF PINE RIDGE ROAD (C.R. 896) - ADOPTED SUBJECT TO STIPULATIONS Petition 13(A)(4), petition CU-95-22. Mr. Milk, this is a petition to allow someone to sell propane in the industrial park? MR. MILK: That's correct, sir. CHAIRMAN NORRIS: Is there anything else that we need to know? COMMISSIONER MAC'KIE: Why does this require a conditional use, is my question. CHAIRMAN NORRIS: Because you don't want them blowing you up. MR. MILK: Staff has received one letter of support -- COHHISSIONER HAC'KIE: It's industrial. MR. MILK: -- from the abutting property owner, the Carlson-Harris Contractors. Staff has not received any letters of opposition. Staff is in favor of the subject petition. Back in 1991 during the LDC amendment, this use was taken out and now is a conditional use in the industrial district. CHAIRMAN NORRIS: And I assume the reason that it's made a conditional use is because there could be an instance where you put a large amount of propane next to a residential area; and, therefore, you want to have the county commission take a look at each and every one of these proposals; is that correct? COHMISSIONER HAC'KIE: We have industrial near residential? MR. MILK: Sure. COHMISSIONER HAC'KIE: Well, yeah, of course we do. MR. DORRILL: This -- This is as a result of a particular situation that we had a number of years ago that has not really manifested itself since that time, but your Land Development Code does require a conditional use application. Their -- The agent is here, but I don't have any other speakers. COHMISSIONER HAC'KIE: Bombs. CHAIRMAN NORRIS: I'll close the public hearing then. COHMISSIONER HAC'KIE: Move approval. COHMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second for approval. All those in favor, signify by saying aye. And those opposed? There are none. COHMISSIONER HANCOCK: Again, to satisfy Mr. Weigel, I had no communication on that one. COHMISSIONER HAC'KIE: He either. MR. WEIGEL: I'm satisfied with that. Item #13A5 RESOLUTION 96-30 RE PETITION V-95-24, WILLIAM D. KRAMER REPRESENTING WILLIAM J. REILLY, REQUESTING A 1 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.5 FEET FOR PROPERTY LOCATED ON THE EAST SIDE OF SAN JUAN AVNEUE ON LOT 696 - ADOPTED CHAIRMAN NORRIS: Okay. Petition V-95-24, after-the-fact one-foot variance. MR. BELLOWS: That's right. CHAIRMAN NORRIS: How -- How long after the fact? MR. BELLOWS: Well, the house was platted and built in -- I have the date here -- 1990. CHAIRMAN NORRIS: 1990. MR. BELLOWS: Yeah. He came in for refinancing, and a new survey showed the original survey was off by a foot which created now a non-conforming side yard setback. COHMISSIONER MATTHEWS: So he did everything that was required of him -- MR. BELLOWS: Yes. COHMISSIONER MATTHEWS: -- but the original survey -- MR. BELLOWS: Yes. COHMISSIONER MATTHEWS: -- was wrong? MR. BELLOWS: The building permits even submitted showed conforming setbacks when it was built conforming, but then when he came in for refinancing, determined the original survey was off by a foot. COHMISSIONER HANCOCK: I have to ask. Who is the original surveyor? I would like to get this on the record. COHMISSIONER MAC'KIE: I figured I'd get it on the record every time that there's that same old error. MR. BELLOWS: I don't have that information. COHMISSIONER HANCOCK: Okay. Okay. MR. BELLOWS: I'm sorry. CHAIRMAN NORRIS: We don't have the original survey? COHMISSIONER HANCOCK: From now on I'll be asking that question on all after-the-fact variances. CHAIRMAN NORRIS: Do we have any public speakers on this one? MR. DORRILL: No, sir. COHMISSIONER HANCOCK: Motion to approve. COHMISSIONER MATTHEWS: He's got to close the public hearing. CHAIRMAN NORRIS: Close the public hearing. COHMISSIONER HANCOCK: I'm sorry. Then I'll make a motion to approve. COHMISSIONER MAC'KIE: Then I'll second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? It's unanimous. Item #13A6 RESOLUTION 96-31 RE PETITION OSP-95-2, GEORGE L. VARNADOE AND R. BRUCE ANDERSON REPRESENTING ASHLAND COLD STORAGE COMPANY REQUESTING APPROVAL FOR OFF-SITE PARKING SPACES ON LOTS 7-10 TO OPERATE IN CONJUNCTION WITH THE PREVIOUSLY APPROVED AND EXISTING OFF-SITE PARKING SPACES ON LOTS 3-6 LOCATED ON BLOCK 4, OLD MARCO VILLAGE, ZONED RHF-6 TO SERVE THE EXISTING BUSINESS (O'SHEA'S RESTAURANT AND CRUISE BOATS) ZONED C-5 LOCATED AT 1081 BALD EAGLE DRIVE - ADOPTED SUBJECT TO STIPULATIONS And petition OSP-95-2. Mr. Anderson. COHMISSIONER MATTHEWS: These are companion items? We're going to hear them both at the same time? CHAIRMAN NORRIS: Yes, we are. MR. MILK: For the record, my name is Bryan Milk, presenting petitions OSP-95-2 and 3. I would like to explain this petition as one petition so we can understand the thrust of it, what's occurring and what has occurred historically. The subject property is located on Marco Island. It is located in an area that is currently zoned RHF-6. It's located between Bald Eagle -- Bald Eagle Drive, north of Old Marco Lane, and east of Gayer Way. Currently lots one, two, three, four, five, and six have an off-site parking agreement on those particular lots. In 1986 lots two through six had received 184 spaces for off-site parking. In 1994 a parking petition for off site allowed 38 spaces. So currently on the subject property there are 222 off-site parking places existing. The ownership of lots one through 11 is the same ownership of O'Shea's Restaurant, what they call Ashland Cold Storage Company. The thrust of this petition is to sell lots one and two to the Cypress Landing Company which is the holder of the Factory Bay Marina for 42 off-site parking places. The next thrust is to have off-site parking occurring on lots seven through ten for an additional 130 off-site parking. So on the entire street, you'd have 42 on lots one and two, 130 on lots seven through ten and -- and an existing 130. So in reality we'd have 302 off-site parking places on the 11 lots. Staff was concerned that historically the site was never improved, improvements being landscaping, drainage, water management and, more importantly, the asphalt or concrete of the surface. Staff has provided those type of regulations and rules and stipulations in this particular report for both OSP-95-2 and 3. We have also placed a landscape buffer with an opaque fence on the north side of lot ten, on the western portion of the site next to the residential area on Gayer Way, and on the south side along Old Marco Lane. On the residential side of the fence would be a canopy tree ten feet in height placed every 20 linear feet and a hedge row consisting of Coco Plum around the entire fence. So what you have is a right-of-way, a ten-foot landscape buffer, a tree every 20 linear feet, Coco Plum, and a six-foot opaque fence. On Bald Eagle we provided a landscape buffer but provided only a double hedge row of Coco Plum and a tree every three linear feet so we would have some transition, and it would allow the folks in the residential community abutting a property privacy for noise and headlights. Staff has stipulated certain items such as low-level lighting, that all the improvements be made within one year unless prolonged by this board, that crosswalks be provided, that the traffic on Bald Eagle Drive be limited to 35 miles an hour, and there's certain conditions in there that they must be provided for. Staff is in support of this petition. The Planning Commission approved this eight to zero. Staff has four letters in the executive summary in support of this. The area residents spoke favorably, and they wanted to see this off-site parking improved, aesthetically improved, and we assure them through this process and the site development plan process that that would occur. CHAIRMAN NORRIS: Thank you, Mr. Milk. It probably would be helpful if I point out to the board members I'm -- I'm familiar with this area. I've seen it before. It's surrounded on almost all sides by roads. It's a little island of property in there almost, and it's being used largely for parking at the moment. The -- The petition would -- would make a bit more parking in there, but the important thing is -- like Mr. Milk says, is that we would have a much nicer looking facility with much better buffering, and I think everybody is going to be happier with the situation when we get done with it. Do we have any public speakers? MR. DORRILL: No, sir. MR. HARMS: Yes, you do. MR. DORRILL: Yes, you do. Mr. Harms. CHAIRMAN NORRIS: Yes, you do. MR. DORRILL: This will be the last one of the day. MR. HARMS: My name is Stanley Frank Harms, Junior. I live at 1065 Bald Eagle Drive on Marco Island. That's lot two, block 134, unit four, Marco Beach subdivision. My wife and I are year-round residents and have been since the late '80s. I live -- that -- then -- diagonally south across Bald Eagle Drive from lot one in this petition. By way of a little background, it is a comfortable residential area. The lot immediately north of mine and adjacent to the Factory Bay Marina is presently for sale in the neighborhood of $300,000. The -- Across the street the location is -- 895 Old Marco Lane is a model that's under -- for sale for -- in the neighborhood of a half million dollars. I guess that whenever you have a commercial area adjacent to a residential area, you have problems from time to time. It seems with this particular piece of property times come very quickly. Iljustrative, on March 25, 1993, zoning complaint 30325-2, improper commercial parking on this lot. 4-1994 -- and this was referred to by the planner, OSP-94-1 in which there was authorization for additional parking on lots three and six, that approval at the time of the hearing was contingent upon ground-level lighting, a redo of the landscaping so that there would be 80 percent opaque condition in one year. And, incidentally, companion relandscaping of O'Shea's Restaurant. O'Shea's had taken out a great deal of landscaping and put in a long, ugly green awning that affronts the residence. 1-4-96 was the planning board hearing. The day of the planning board hearing there were three trailers, a boat, a truck, and a chipper parked in violation of the planning -- the zoning requirements. At the planning board hearing, a resident who complained about this was advised that the appropriate mode for redress was to making a zoning complaint. I wasn't the one who complained, but the next day I called in a zoning violation. That's 60105-136, and I checked this morning, and the lot's in compliance now. Those vehicles and trailers are gone. I came today to endorse the petition but to reinforce the importance of the 13 stipulations. Ashland Cold Storage is, in my mind, cavalier when it comes to its attention to zoning requirements. The stipulations are important to those of us who live approximate to this property, and the lighting, for example, was supposed to come down from high-level lighting when that lots three to six were approved. It hasn't happened. We hope that it will happen this time, and there will be low-level shielded lighting. The landscaping was supposed to have been improved when lots three and six were taken care of. There is on Bald Eagle some landscaping that could be preserved. All it needs is aggressive pruning. The fact is that Ashland Cold Storage does virtually nothing in the way of property maintenance. So that's one thing to get them to put in the correct landscaping. It's another thing to get them to maintain the property. I presume that means that I have -- CHAIRMAN NORRIS: Yes, it does. MR. HARMS: -- limited time. The maintenance is important. And the opportunity now along Bald Eagle is to enhance the appearance of that part of our community. The parking -- overnight parking and storage has been stipulated. My impression from the planning board hearing was that the property was to be for overflow private passenger vehicle parking. It doesn't stipulate private passenger in the material that I've seen. There is a concern about bus parking, particularly in that diesel buses frequently decide to leave their motors running. Apparently diesel fuel is cheaper than trying to get them restarted. So it's not only the vehicles being there, it's the sound that would intrude on the domestic -- the residential area. CHAIRMAN NORRIS: Okay. Sir, your time has expired. If you could wrap it on up for us, we would appreciate it. MR. HARMS: Yeah. CHAIRMAN NORRIS: We only allow public speakers five minutes. MR. HARMS: Yeah. CHAIRMAN NORRIS: You've gone over that now. MR. HARMS: I -- CHAIRMAN NORRIS: Mr. Harms. MR. HARMS: I think that the rescission is very important, and I'd recommend the rescission not be waived in this point. MR. DORRILL: No other speakers. CHAIRMAN NORRIS: Okay. Do we have any more questions for the staff? COMMISSIONER HANCOCK: No questions, Commissioner. CHAIRMAN NORRIS: We'll close the public hearing. We'll close the public hearing on both items and -- Mr. Milk, there was a good point raised there about the vehicles allowed in the parking lot being passenger-type vehicles, whether it's small pickups or vans or cars but not to include commercial trucks, vans, and that sort thing. Can we put that in here, or is it in here? MR. MILK: It's not specified to that degree. We could tighten that up and specify those items. COMMISSIONER HANCOCK: But it's already -- It would be a violation of code to store vehicles there overnight anyway. MR. MILK: Anything that's motorized, trailers, that sort of thing is prohibited on an overnight basis, whether it be commercial or passenger vehicles. So to say that somebody in a commercial truck would pull up and use the parking lot during the daytime -- they can't park overnight. So to limit that segment of the community may be prohibiting business to whatever they're going to do on site there. CHAIRMAN NORRIS: Okay. What about -- The other point that was -- that was raised was given the history of the property. What do we have as leverage for enforcement of our conditions? MR. MILK: A couple of things we did here is we limited the construction for the improvements to take -- take place in one year. We were very much aware of the site in its present condition. The other thing is that on off-site parking lots lighting is limited to 20 feet, and it shall be shielded from residential property. those large poles that are currently up there are prohibited, so they will come down. And there is a lighting plan attached to these petitions that show low-level lighting. CHAIRMAN NORRIS: What about in the future if -- if the lot is not kept up to the standards that we impose today? MR. MILK: Code enforcement has a mechanism to send our environmental people out to -- CHAIRMAN NORRIS: Thank you. I just wanted to get all those points on the record. COHMISSIONER HAC'KIE: If I could just add to that, as the property owner obviously already knows, you have to be diligent in making those reports because there aren't enough code inspectors to go around and -- and identify when that code is violated. So we do rely on the public to report violations and hope you'll do that. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Anderson, if I could ask you two questions. The first is, when we had a -- I say"we." Actually, I think it was the City of Naples, that there was an off-site parking for DeVoe Cadillac and it was in the residential area and they actually were able to -- to gate it so that after hours, you know, kids couldn't -- because you really can't see back in there very well, and kids couldn't come in there and -- and, you know, abuse the place and so forth. This restaurant, I believe, is also -- and the marina has some pretty odd hours, don't they? I mean, isn't there a boat that goes out and comes back late at night that is moored somewhere in this area that uses -- MR. ANDERSON: There -- There are -- are, in fact, three cruise boats at the O'Shea's -- old O'Shea's site. COHMISSIONER HANCOCK: Is there any operational scheme that would satisfy the needs that are there that would prohibit people from using the parking lot at 2:00 or 3:00 in the morning, or do you not really have that information? MR. ANDERSON: I don't have that information, sir. COHMISSIONER HANCOCK: Okay. So my first question is, is there a way to gate the parking lot so that, you know, overnight parking and so forth is, you know, discouraged and use is discouraged. That's my first question, and maybe we can come back to that. The second one is, there's one area of the parking lot on lots -- it looks like four, five, and six maybe that are directly across from O'Shea's '- MR. ANDERSON: Yes, sir. COHMISSIONER HANCOCK: -- where you have angled parking on the -- I say a picture is worth a thousand words. Let me show this to you. The area I'd indicated in blue on there is shown by your drawing just to be striped. I would -- Since that is really paved area that's not necessary, would you be amenable to grassing or mulching or something in that area? It's not necessary for an aisle or a parking space and similar -- MR. ANDERSON: The dark blue here? COMMISSIONER HANCOCK: Yes. MR. ANDERSON: I believe those are supposed to be landscaped areas. COMMISSIONER HANCOCK: They're not drawn as such. If you look at the -- at the left side of that drawing where you see every space that's not required for an aisle or a parking space appears to be, you know, a grassed area or landscaped area, that's the one place that isn't on the drawing. MR. MILK: That's correct. COMMISSIONER HANCOCK: Okay. And I would like to see that grassed or mulched or landscaped. MR. MILK: What you're saying is, instead of an impervious area, where possible, make that landscaped, grass -- COMMISSIONER HANCOCK: Exactly. Any area not designated specifically for the -- the confines of a parking space or an aisleway should be grassed, mulched, or otherwise impervious. MR. MILK: That occurs in those lots only. COMMISSIONER HANCOCK: Yes. CHAIRMAN NORRIS: Grassed, mulched, or otherwise pervious. COMMISSIONER HANCOCK: Or otherwise pervious. Thank you. I said impervious. Otherwise pervious. There is a functional problem when -- when you leave those spaces paved also because you're dealing with one-way aisles. So this is really nitpicky, but it's kind of a pet peeve so bear with me. MR. MILK: I don't think from a site plan standpoint that we couldn't accomplish that -- COMMISSIONER HANCOCK: Okay. MR. MILK: -- To the greatest extent possible. COMMISSIONER HANCOCK: Agreed. I mean, you know, there's a level that you go to but -- MR. MILK: It was merely done to position as many vehicles as possible, also creating a landscaped island every ten, and maneuvering the site constraints with one-way traffic. COMMISSIONER HANCOCK: There's a lot of creativity on that plan. I agree but -- and it looks like it will function properly. MR. MILK: I think it functions very well. It's just a matter of -- I think we have some area to expand on that landscape. COMMISSIONER HANCOCK: Okay. And unless the petitioner has a significant opposition to it, I'm going to ask that stipulation be added, that that area be pervious in some form, either grassed, mulched, landscaped in some way just because it's not necessary for aisle or parking. MR. ANDERSON: That's fine. COMMISSIONER HANCOCK: Okay. Call me Mr. Detail. CHAIRMAN NORRIS: So the petitioner has stated on the record that they will comply with that request. MR. ANDERSON: With -- With that -- With that, yes, sir. CHAIRMAN NORRIS: Okay. Do we have a motion? COMMISSIONER HANCOCK: I want to make a motion -- CHAIRMAN NORRIS: This will be a motion on the first petition, OSP-95-2. COHHISSIONER HANCOCK: I'll make a motion to approve OSP-95-2 in accordance with staff stipulations and petitioner commitments. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? There are none. Item #13A7 RESOLUTION 96-32 RE PETITION OSP-95-3, GEORGE L. VARNADOE AND R. BRUCE ANDERSON REPRESENTING CYPRESS LANDING CORPORATION REQUESTING APPROVAL OF 42 OFF-SITE PARKING SPACES ON LOTS 1-2 BLOCK 4, OLD MARCO VILLAGE, ZONED RHF-6 TO SERVE THE EXISTING BUSINESS (FACTORY BAY MARINA) ZONED C-5 LOCATED AT 1079 BALD EAGLE DRIVE - ADOPTED SUBJECT TO STIPULATIONS COMMISSIONER HANCOCK: I will make a motion that we approve petition OSP-95-3 in accordance with staff stipulations and those commitments made by the petitioner. COMHISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. And those opposed? There are none. Okay. Down to petition -- MR. ANDERSON: Thank you very much. CHAIRMAN NORRIS: You're quite welcome. Item #13A8 RESOLUTION 96-33 RE PETITION CU-95-23, ROBERT L. DUANE, AICP, OF HOLE, HONTES & ASSOCIATES, INC., REPRESENTING TUTOR TIME CHILD CARE CENTER, REQUEESTING CONDITIONAL USE "4" OF THE "C-5" ZONING DISTRICT FOR A CHILD CARE CENTER FOR PROPERTY LOCATED EAST OF AND ABUTTING AIRPORT ROAD APPROXIMATELY 500 FEET SOUTH OF ESTEY AVENUE - ADOPTED -- Petition CU-95-23. COHMISSIONER HANCOCK: Hore day care. Is there a baby boom going on out there or -- COHMISSIONER MAC'KIE: You're contributing to it. COHMISSIONER HANCOCK: True. MR. REISCHL: Good afternoon, Commissioners. Fred Reischl, planning services. This is a request for a child care center at the southeast corner of Estey Avenue and Airport Road at the site where there is what most people know as Schlotzsky's Restaurant. There's an existing Estey Air Plaza, and they own farther south. This is the existing retail center. They have a proposed addition to that building. They're proposing the child care center at the southern part of the property adjacent to but not attached to the future expansion of Estey Air Plaza. This request is different from the other two child care center initial uses you heard today because the C-5 zoning district in which this land is located, the code basically says that we look at the land use and compatibility from the child safety perspective. Rather than from how it's going to affect adjacent property, we look at how adjacent property is going to affect child safety on this site. There is an additional -- Besides the regular conditional use findings, there were an additional list of findings for child care in the C-5 area, and the petitioner has stated that they comply now or will comply at the time of site development plan approval. And the Planning Commission recommended unanimous approval. And if you have any questions, I'll be happy to answer them. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Fred, could you help me out real quick? What's directly south and directly east of the proposed phase two? MR. REISCHL: Directly south -- Directly south is a transmission shop, and directly east is the Vo Tech, or Vo Tech property. It's -- It's empty field, but it's owned by Vo Tech. COHMISSIONER HANCOCK: Two things the noise of children playing probably won't bother. MR. REISCHL: Right. CHAIRMAN NORRIS: Mr. Reischl, are you saying that this area in question is to be the expansion of Estey Air Plaza? MR. REISCHL: Yes. Currently between Estey Air Plaza and the Univ -- and the Universal Transmission Shop is empty land that's part of this parcel. They plan a phase three expansion of the plaza and then the free-standing child care. CHAIRMAN NORRIS: Okay. It will be a free-standing building but under the common ownership of the plaza? Is that what you're saying or not? MR. REISCHL: As of this time it will be, yes. CHAIRMAN NORRIS: Okay. MR. REISCHL: I -- I haven't heard anything. CHAIRMAN NORRIS: Thank you. Mr. Duane has been here all day. I bet he has something to say. Why did you come so early? MR. DUANE: At your pleasure, I have no comment. CHAIRMAN NORRIS: If there's no public speakers, we'll close the public hearing. COMHISSIONER HANCOCK: I'll move approval of petition CU-95-23. It adds no accesses, and the traffic impact seems minimal. So I'll move approval of the item. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. And opposed? There are none. Item #14 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Okay. That concludes the public hearings. We're down to the board discussion. Commissioner Matthews, do you have anything for us today? COMMISSIONER MATTHEWS: No, I don't. Thank you. CHAIRMAN NORRIS: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Just a question for the county attorney on the status of the nuisance abatement ordinance. MR. WEIGEL: I'm pleased that you asked. The -- COMMISSIONER HANCOCK: You weren't expecting that at all, were you, David? MR. WEIGEL: Well, I was ready for the question but not expecting it at this moment. But the ordinance is ready for the question too, and we've worked it -- workshopped it with the sheriff, and it's essentially ready to be advertised at this point right now. And if you'd like a few little key tidbits of it, it provides for our Code Enforcement Board to wear the second hat of public nuisance abatement division; therefore, cite -- citated matters -- cited matters will come before that board, and they will be in charge -- the quasi-judicial body in charge with the enforcement of that. The sheriff's officers will do the field siting investigation and siting work. The county attorney office will do the prosecution, working with the sheriff's department before the Code Enforcement Board acting as the public nuisance abatement division. That's it in a nutshell. There are obviously more details. It's being advertised to come back as quickly as it can, but it's ready to go, and we're pleased with it. COMMISSIONER MAC'KIE: I saw in the police beat sometime lately a house where some additional arrests were made, and they were the 57th drug arrests made at that same house on -- I think it was Areca, and it prompted my inquiry. It seems like an applicable piece of property. COMMISSIONER HANCOCK: Fire up that bulldozer. COMMISSIONER MAC'KIE: I'm ready. Item #15 STAFF'S COMMUNICATIONS CHAIRMAN NORRIS: Commissioner Hancock. COMMISSIONER HANCOCK: No. I have some comments on the BCC workshop and stuff. I -- I know that under staff communications we have listed that, BCC workshop. Does that mean we have an agenda set, or we are adding to or creating the agenda at this point? MR. DORRILL: Just to advise you that we only have two items. One of them deals with affordable housing issues and sort of an update on -- I'm not sure exactly what, but I'm told that Mr. Mihalic is working on at least a discussion item for the board. The other one is -- is one that Ms. Matthews has asked to be added which is a discussion of the governor's task force on a sustainable South Florida. And I believe those are the only two items that we have on our workshop at this point. COMMISSIONER HANCOCK: Okay. CHAIRMAN NORRIS: Is that all you have for us today, Mr. Dotrill? MR. DORRILL: No, sir. I've got two other real quick items. We had a preliminary kick-off meeting yesterday with Lee Tran in Fort Myers, and they had a handout, and I made some notes, and I'll send each one of you a copy just so you'll get a general idea of what was discussed yesterday. And also last Tuesday afternoon the Bonita Springs Chamber of Commerce and the South Florida Water Management District had a planning and -- and design-related discussion meeting in Bonita Springs concerning flooding issues in southern Lee and northern Collier, and there was a handout there also, and so I made a copy and will provide that to you just for your information. That's all that I have. CHAIRMAN NORRIS: I have one, Mr. Dorrill. I believe that Mr. HcNees recently went -- what was it -- to Saint Petersburg for a meeting discussing SSU issues? MR. DORRILL: Yes, sir. CHAIRMAN NORRIS: I'd like a copy of that, please -- MR. DORRILL: Okay. CHAIRMAN NORRIS: -- of what was discussed. Mr. Weigel, do you have something for us this afternoon? MR. WEIGEL: Yes. Just one small item. In regard to consent agenda item 16(B)(6) which was petition AV-95-012, the board approved it with a condition upon approval of a letter from Jim Ward. This had to do with drainage easements. My staff has told me that -- you know, we understand that the letter to come has a reference to a declaration of restrictions indicating that the existing drainage area on the county's Pelican Bay Park would always be a drainage area and, secondly, that it would be maintained by Collier County. So we're looking -- and the applicant apparently is requesting that the county attorney's authority include not only the approval of the Ward letter, but the ability to negotiate and approve any terms provided in this declaration of restrictions that is referenced in the Ward letter working with our parks and rec department and water management department. This is really informational to that agenda item that was previously approved. The board actually isn't taking further action but just I think affirming the county attorney's legal review to be thorough in this regard. COHMISSIONER HAC'KIE: We like thorough. CHAIRMAN NORRIS: We like thorough. MR. WEIGEL: Thank you. COHMISSIONER HAC'KIE: Thorough is good. CHAIRMAN NORRIS: Miss Filson, anything left? MS. FILSON: Nothing. CHAIRMAN NORRIS: Okay. We are adjourned. *****Commissioner Hancock moved, seconded by Commissioner Hac'Kie, and carried 4/0 (Commissioner Constantine out), that the following items under the Consent Agenda be approved and/or adopted as follows: ***** Item #16A1 EXCAVATION PERMIT NO. 59.359 "NAPLES HERITAGE GOLF COURSE" LOCATED IN SECTIONS 49 AND 10, TOWNSHIP 505, RANGE 26E, BOUNDED ON THE NORTH BY DAVIS BOULEVARD AND PROPRETY ZONED A AND RSF-4, ON THE EAST BY NAPLES NATIONAL GOLF COURSE, C.R. 951, AND UNDEVELOPED LAND ZONED A, ON THE SOUTH BY NAPLES NATIONAL GOLF COURSE AND WING SOUTH AIRPARK AND ON THE WEST BY A DRIVE-IN THEATER AND UNDEVELOPED LAND ZONED A WITH ESTATES TYPE HOUSING - WITH STIPULATIONS Item #16A2 ACCEPTANCE OF WATER FACILITIES FOR THE RESERVE AT THE VINEYARDS - WITH STIPULATIONS AND CASH BOND O. R. BOOK PAGES Item #16A3 AUTHORIZATION FOR RECORDING THE FINAL PLAT OF "ANDERSON PLACE" Item #16A4 TRANSFER OF $40,000 FROM FUND (111) RESERVES TO THE CODE ENFORCEMENT COST CENTER (111)-138911 TO COVER COSTS OF HIRING OUTSIDE LEGAL COUNSEL TO REPRESENT THE CONTRACTOR'S LICENSING BOARD AND THE CODE ENFORCEMENT BOARD FOR THE REMAINDER OF FY 96 Item #16B1 CLARIFICATION OF THE BASIS OF PAYMENT TO THE CONSULTANT (HAZEN & SAWYER) FOR THE PREVIOUSLY APPROVED THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE NORTH COLLIER REGIONAL WASTEWATER TREATMENT PLANT AND A NEW 10% CHANGE ORDER LIMIT ON THE REVISED CONTRACT A_MOUNT OF $1,992,970.00 Item #1682 CHANGE ORDER TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC., FOR THE MARCO ISLAND BEACH RENOURISHHENT PROJECT See Pages Item #1683 - Moved to Item #SB1 Item #1684 FINAL QUANTITIES AND REIHBRUSEHENT OF $6,791.83 TO WAL-HART STORES, INC. FOR ACCESS IMPROVEMENTS MADE BY THE COUNTY AT THE SA_M'S CLUB ENTRANCES ON IHMOKALEE ROAD AND AIRPORT-PULLING ROAD Item #1685 BUDGET AMENDMENTS RECOGNIZING ESTIMATED CARRY FORWARD FOR PROJECTS IN FUND 412 AND 414 Item #1686 PETITION AV-95-012 VACATING PORTIONS OF DRAINAGE EASEMENTS LOCATED ON A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, - APPROVAL BASED UPON COUNTY ATTORNEY'S RECEIPT OF LETTER See Pages Item #16D1 FLEET MANAGEMENT DIRECTOR AUTHORIZED TO EXECUTE THE FREIGHTLINER WARRANTY AGREEMENT WITH HUNT TRUCK SALES See Pages Item #16D2 OFFICE OF THE COUNTY ATTORNEY DIRECTED TO ASSIST THE REVENUE SERVICES DEPARTMENT IN AMENDING ORDINANCES 90-86 AND 90-87 REGARDING EXTENDING PAYMENT OF WATER AND SEWER SYSTEM IMPACT FEES Item #16D3 AMENDMENT TO LEASE AGREEMENT WITH COMMUNITY HEALTH CARE, INC. FOR THE CONTINUED USE OF THE PREMISES USED BY THE MEDICAL EXAMINER See Pages Item #16El - Deleted Item #16E2 BUDGET AMENDMENTS 96-186 AND 96-213 Item #16G1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1995 TANGIBLE PERSONAL PROPERTY NO. DATE 1995-52 1/12/96 1995 REAL PROPERTY 150 12/28/95 156/15s 1/04/95 160/161 1/08/96 - 1/09/96 163/170 1/09/96 - 1/11/96 Item #16G2 SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages Item #16G3 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #1611 SATISFACTION OF THE AGREEMENT FOR EXTENDED PAYMENT OF COTTAGE GROVE AVENUE PAVING ASSESSMENT See Pages There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:52 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: Barbara A. Donovan and Christine E. Whitfield