BCC Minutes 01/07/1997 R REGULAR MEETING OF JANUARY 7, 1997
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 9:08 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
DEPARTING CHAIRMAN: John C. Norris
NEW CHAIRMAN: Timothy L. Hancock
VICE CHAIRMAN: Barbara B. Berry
Timothy J. Constantine
Pamela S. Hac'Kie
ALSO PRESENT: W. Neil Dorrill, County Manager
David C. Weigel, County Attorney
Item #3
AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN NORRIS: I'll call the county commission meeting to order
on the 7th of January, 1997, our first meeting of the year. Mr.
Dotrill, could you lead us in an invocation and a pledge to the flag,
please.
MR. DORRILL: Heavenly Father, as -- as we begin our
year and -- on this first Tuesday in -- in January of 1997, we -- we
thank you for the blessings and the grace that you bestowed on our
community during last year. Father, it's with a great deal of
excitement and anticipation that we look forward to the blessings that
you will bestow on the people of Collier County during the year
ahead.
Father, on this day we thank you for the opportunity for
new leadership on the part of the county commission. We give thanks
for the leadership and the good effort that was made in the prior year
and those who are responsible for that. Father, as always, we thank
you at the start of this year for the hard work of our staff and the
support of the many citizens who choose to participate and make a
difference in Collier County. We ask that you bless our time here
together today, that you bless us and our families, and we pray this
in Jesus's name. Amen.
(The pledge of allegiance was recited in unison.)
COHMISSIONER HAC'KIE: Al's back.
CHAIRMAN NORRIS: I see we have a couple of changes to
the agenda.
MR. DORRILL: Yes, sir. And good morning,
Commissioners. Are these on?
I'll go ahead. I think the -- the recorder can -- can
get the changes, and then we'll work on the microphones if we need
to. I have, actually, just two changes today. The first is to ask to
continue Item 16(A)(2), which is on the consent agenda under community
development, for one week until your meeting of the 14th of January,
which is Petition AV-96-031, which was the final approval for that
portion of the plat for a project called Naples Heritage Golf and
Country Club.
And also the second item to be continued is 16(A)(6),
also under community development, for one week, which is a routine
facilities acceptance on utility projects for a project known as
Diamond Lake.
I have one agenda note. In order to accommodate the
plane schedule of your bond counsel, that Item 9(A) not be heard prior
to 11 a.m.; and that was the resolution authorizing the issuance of
bonds for the Naples Park stormwater assessment project.
I have one item for my own note to mention under staff
discussions, and those are the only changes that I have this morning,
Mr. Chairman.
CHAIRMAN NORRIS: Mr. Weigel, do you have anything
additional?
MR. WEIGEL: No, none. Thank you.
CHAIRMAN NORRIS: Commissioner Berry?
COHMISSIONER BERRY: I have no changes.
CHAIRMAN NORRIS: Commissioner Hac'Kie?
COHMISSIONER HAC'KIE: No, sir.
CHAIRMAN NORRIS: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Two changes. One, 16(C)(3),
if we could remove that and put that on the regular agenda for next
week, continue that for next week, put it on the regular agenda.
COMMISSIONER BERRY: C(3)?
COMMISSIONER CONSTANTINE: 16(C)(3). And also just a
question -- clarification for the record more than me, 16(B)(2) -- and
-- and I don't have a question or a problem with this, but I fear
someone in the public may, and I would prefer to have it on the record
and -- and everything okay before we get into this several times a
week; and that is 16(B)(2) has a recommendation to do some work with
Wilson Miller, and it is signed by our acting public works chief, Ray
Miller. I don't have any problem with that. I think legally we're
fine with that, but I want to make sure we have that on the record.
Mr. Weigel?
MR. WEIGEL: Legally we are fine with that. There is no
formal or informal connection.
CHAIRMAN NORRIS: Motion?
COMMISSIONER CONSTANTINE: Motion to approve the agenda
and consent agenda as amended.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN NORRIS: We have a motion and a second. All
those in favor signify by saying aye.
Opposed?
(No response)
Item #4
MINUTES OF DECEMBER 3, 1996; DECEMBER 10, 1996; AND DECEMBER 17, 1996
REGULAR MEETINGS - APPROVED AS PRESENTED
CHAIRMAN NORRIS: We have some minutes for approval.
COMMISSIONER CONSTANTINE: Mr. Chairman, I'll make a
motion we approve the minutes of December 3, 10, and 17, 1996, all
regular meeting minutes.
COMHISSIONER BERRY: Second.
COMHISSIONER MAC'KIE: Second.
CHAIRMAN NORRIS: We have a motion and a second to
approve those minutes. All those in favor signify by saying aye.
Opposed?
(No response)
Item #5A1
PROCLAMATION DESIGNATING JANUARY 12-18, 1997, AS PURPLE MARTIN WEEK -
ADOPTED
CHAIRMAN NORRIS: Proclamations. We have a proclamation
for Purple Martin Week, and Commissioner Berry, I believe that's
yours.
COMMISSIONER BERRY: Yes. Is Mr. Darragh here?
MR. DARRAGH: Good morning.
COMHISSIONER BERRY: Good morning.
MR. DARRAGH: As president of the Collier County
Conservancy Purple Martin Society, all our members wish to express our
appreciation to the county commissioners and their employees for their
recognition. The birds will be migrating from Brazil 7,000 miles this
month and through April and early May. Lightweight, aluminum housing
will be erected on telescoping poles to allow monitoring of the
birds. It's necessary to check the houses every week or ten days to
determine the number of eggs being laid and how they hatched out, also
to protect them from predators.
The houses and poles shall be demonstrated at our
monthly meeting Monday, January 20th at Shoney's on 41 East at 11:30.
Also we'll be at the Collier County Home and Outdoor Living Show at
Sam's Club on Immokalee Road on Saturday and Sunday, March 1st and
2nd. We had previously staffed a booth at the county fair, but have
not been invited this year. We would like to have done so because we
had a lot of attendance in previous years. For any information please
call 455-4330 or 455-0201, and I thank you very, very much.
CHAIRMAN NORRIS: Would you like to read the
proclamation?
COMMISSIONER BERRY: At this time I'd like to read the
proclamation for Purple Martin Week.
Whereas, in a very short time, thousands of our very
beautiful feathered friends, the Purple Martins, will return from
their winter home in Brazil; and
Whereas, these birds will be searching for suitable
housing to enable them to nest and rear their young; and
Whereas, the Florida Legislature has designated Collier
County the Purple Martin Capital of Florida; and
Whereas, the Conservancy Purple Martin Society is
desirous of urging the public to erect proper housing for these very
valuable winged creatures by placing said houses on their property;
and
Whereas, during the period of January 12th through the
18th, 1997, the Conservancy Purple Martin Society will endeavor to
alert the public to how valuable these birds are in helping to
diminish the insect and mosquito population.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of January
12th through the 18th, 1997, be designated as Purple Martin Week in
Collier County and urge all citizens to join with the Conservancy
Purple Martin Society to show their concern for these valuable and
friendly winged creatures and learn to protect and preserve them.
Done and ordered this 7th day of January 1997; Board of
County Commissioners; Collier County, Florida; John C. Norris,
Chairman.
Congratulations, Mr. Darragh.
CHAIRMAN NORRIS: Would you like to make a motion to
accept that?
COMHISSIONER BERRY: I would like to make a motion to
accept this proclamation.
(Applause)
MR. DARRAGH: Thank you, all.
CHAIRMAN NORRIS: Thank you. We have a motion to accept
that. All those in favor signify by saying aye.
Opposed?
(No response)
Item #5A2
PROCLAMATION DESIGNATING JANUARY 12-18, 1997, AS FRIENDS OF THE LIBRARY
WEEK - ADOPTED
CHAIRMAN NORRIS: And we have another proclamation,
Friends of the Library Week. Commissioner Constantine, I believe
that's yours.
COHMISSIONER CONSTANTINE: I do indeed. Frank Cullen
and any of the rest of the troop for that matter. I know you've got
the gang here. Let me go ahead and read the proclamation.
Whereas, the Friends of the Library are an integral part
of the Collier County Public Library System; and
Whereas, during the past four years, the Friends
organization has donated in excess of a quarter of a million dollars
to our public library; and
Whereas, this money has been distributed to all library
locations for projects both big and small; and
Whereas -- I believe this -- this was actually -- we're
probably in our second printing by now -- the Friends of the Library
have developed the first professional cookbook featuring the cuisine
of Naples and Collier County; and
Whereas, the Friends have pledged the proceeds from this
endeavor to the continued enrichment of library service; and
Whereas, the Friends organization now contains over 1400
members; and
Whereas, the quality of life in Collier County would be
reduced without their presence.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that extreme gratitude and
appreciation is extended to the membership of the Friends of the
Library for this successful partnership between the public and private
sectors of our community. It is accepted by both that an investment
in our public libraries is not only an investment in our future, but
in our present as well. We, the Board of Commissioners, do reaffirm
our commitment to a high-quality public library by proclaiming January
12 through 18, 1997, as Friends of the Library Week honoring those
citizens who have given so much to Collier County.
Done and ordered this 7th day of January, 1997; BCC;
John C. Norris, Chairman.
Mr. Chairman, I'd like to make a motion we approve the
proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN NORRIS: We have a motion and a -- and a
second. All those in favor signify by saying aye.
Opposed?
(No response)
(Applause)
MR. CULLEN: Mr. Chairman and members of the commission,
I should like to thank you for your proclamation establishing next
week as the Friends of the Library Week in Collier County. I bring
you greetings from 1957, 40 years ago, because this is the 40th
anniversary of the Friends of the Library; and it is also the 40th
year that there has been a library in Collier County established by
the Friends in 1957.
Now we have a major library system with a headquarters
and seven branches. The Friends supports all of these branches with
as evenhanded a program as possible. We focus on improvement in
programs for children, young adults, and adults. We try to offer
enriching experiences for all the users of the library, all of the
libraries, and we want to add to the technology in the future to match
what we have already achieved.
(Commissioner Hancock entered the boardroom.)
MR. CULLEN: In response to your proclamation, we urge
that the commission continue your support of the growth and
improvement of the library system of Collier County. We do not need
to make you a new promise to support you. You know that you already
have that promise, but we do make a new promise to respond positively
to the presence of a new state university as our next-door neighbor,
and we promise to meet the challenge that will be brought by this new
educational opportunity. We offer you our assistance, encouragement,
and a true and honest partnership for the opportunities ahead. I
thank you.
CHAIRMAN NORRIS: Thank you, sir.
(Applause)
CHAIRMAN NORRIS: The Friends of the Library have --
have really done a lot over the years for our library system. Without
them I don't think our library system would be anywhere near as -- as
high-quality and -- and well-received as it is in this community. So
we do owe them a -- a large measure of thanks for all the effort
they've put in over the years.
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
We have some service awards today. Commissioner Hancock, if you
would like to do those.
COHMISSIONER HANCOCK: Mr. Chairman, it's my pleasure.
This morning we have five service awards. The first is for Steven
Thomas with collection, the south county wastewater treatment plant,
for 10 years of service. Steven.
(Applause)
COHMISSIONER HANCOCK: As we like to say, a third of the
way there, Steven.
We also have a five-year service award for Bobby Allen
with EHS.
(Applause)
COHMISSIONER HANCOCK: Also with EHS we have Christine
Fort, five years.
(Applause)
COHMISSIONER HANCOCK: And also with EHS we have Anita
Russell with five years' service.
(Applause)
COHMISSIONER HANCOCK: And also with EHS, Michael
Sullivan for five years' service.
(Applause)
COHMISSIONER HANCOCK: We appreciate Miss Flagg bringing
awards in bulk to us.
Item #5D
SELECTION OF COHMISSIONER HANCOCK AS CHAIRMAN AND COHMISSIONER BERRY AS
VICE CHAIRMAN
CHAIRMAN NORRIS: Our next item of business is selection
of new chairman and vice-chairman. Do I have any nominations?
COHMISSIONER HAC'KIE: I'd like to nominate Commissioner
Hancock for chairman.
COHMISSIONER CONSTANTINE: I'll second that.
CHAIRMAN NORRIS: I have a motion and a second -- a
nomination and a second. All those in favor signify by saying aye.
Opposed?
(No response)
CHAIRMAN NORRIS: Congratulations, sir.
(Applause)
CHAIRMAN NORRIS: I present you with these.
COHMISSIONER HANCOCK: Something to beat the rest of you
with.
(Commissioners Norris and Hancock traded places.)
COHMISSIONER HAC'KIE: Whatever works.
CHAIRMAN HANCOCK: I'd like to see how this is typed
into the minutes.
COHMISSIONER HAC'KIE: And they switched seats.
COHMISSIONER CONSTANTINE: There was a shuffle of
seating.
COHMISSIONER NORRIS: I would like to nominate Barbara
Berry for -- for vice-chairman.
COMMISSIONER CONSTANTINE: I'll second that.
CHAIRMAN HANCOCK: We have a motion and a second. Any
discussions?
All those in favor please signify by saying aye.
Opposed?
(No response)
(Applause)
CHAIRMAN HANCOCK: I would be terribly remiss if I
didn't take this time to thank Commissioner Norris for what has been a
very well-structured and well-run year. We've had the pleasure of
having efficient and fair approaches to each and every meeting. I
hope to continue in that vein so that we can operate efficiently, and
I hope that the confidence you've instilled in me today will -- will
show up every Tuesday, on time more so than I did this morning. I --
I had a word for it, but I'm going to let that go. But, again, thank
you to my colleagues, and I'm looking forward to a -- a good year for
everybody; and, Commissioner Berry, congratulations.
Item #7A
JOHN RYAN, CO-CHAIR EAST NAPLES CIVIC ASSOCIATION BEAUTIFICATION
COMHITTEE REGARDING U.S. 41 MEDIAN LANDSCAPING - TO BE PLACED ON FUTURE
AGENDA
And we'll go ahead and move on with the agenda. Under
Item 7(A), public petitions, Mr. John Ryan, the coast chair of the
East Naples -- co-chair of the East Naples Civic Association
Beautification Committee. Mr. Ryan -- and for Mr. Ryan and all
others, under public petitions it's typical the board affords you ten
minutes to present your information. We do not typically take action
other than possible staff direction; and with that, Mr. Ryan, please
go ahead.
MR. RYAN: Thank you very much. As East Naples Civic
Association today we are asking the board to direct the county manager
and/or his staff, who -- whoever is appropriate, to place on the -- an
item on the budget for -- 1997-'98 budget to develop the design and
engineering work for the median landscaping on U.S. 41 East, Phase 1.
We understand that this -- we are asking this funding to cover the
complete engineering design for the first part of Phase 1, which we
understand is from Davis Boulevard to Airport-Pulling Road. And we
would like, also, for that funding to at least cover the conceptual
design for the second part of Phase 1, which we understand is from
Airport Road to Rattlesnake Hammock Road, so that the whole stretch
will be designed by the same person and be -- you know, have
continuity to it.
The reason we're asking it -- for it to be put in the
'97-'98 budget is that we've learned from Rattlesnake -- from Davis
Boulevard that we have to start early if we're going to be applying
for state funds. We have -- the funding in '97-'98 will allow the
design work to be done in '98 and be ready in either late '98 or, at
the latest, by February 1st of '99 so that we can apply for a state
grant at that time, and then we would be able to receive the money in
time to roll right into the landscaping, which is a problem that we've
had out here in East Naples. The roads get done, but it takes a long
time for the landscaping budgeting to get done.
COMHISSIONER NORRIS: Mr. Ryan, as I understand your
request, you're just asking for this to be placed on an agenda to work
it into next year's budget? MR. RYAN: Yes.
COHMISSIONER NORRIS: I -- I have no objections to this.
COHMISSIONER HAC'KIE: I couldn't be more supportive. I
just want to commend you for your foresight in -- in bringing it to
our attention this early so it can be worked on in an orderly fashion.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: The -- the only question I
have, have you had an opportunity to talk with George Botner? We had
him here three or four weeks ago talking about a long-term Master Plan
for streetscaping. I assume 41, being one of the main corridors, is
part of that. I don't know if you talked to --
MR. RYAN: That's correct. We -- we have talked to
George Botner, and U.S. 41 East is in the Master Plan for 1999, which
is our same target date.
COHMISSIONER CONSTANTINE: I was -- if you hadn't, I was
going to suggest now to go ahead, but I think it's a great idea.
CHAIRMAN HANCOCK: Well, since it seems to be the
pleasure of the board, Mr. Dotrill, we'll ask you to have the
appropriate staff member and Mr. Ryan get together and prepare this as
a future agenda item for the board. MR. DORRILL: Yes, sir.
CHAIRMAN HANCOCK: Okay. Mr. Ryan, thank you very much.
MR. RYAN: Thank you very much. Appreciate your time.
Item #7B
TOM SCHOLTZ REGARDING A WAIVER OF SEWER IMPACT FEES - LORRAINE AVENUE,
COCONUT CREEK, UNIT 3 - AMENDMENT TO ORDINANCE TO BE BROUGHT BACK AND
ITEM TO BE PLACE ON FUTURE AGENDA
CHAIRMAN HANCOCK: Item 7(B), still under public
petitions, Mr. Tom Scholtz regarding a waiver of sewer impact fees on
Lorraine Avenue in Coconut Creek. Is Mr. Scholtz here?
MR. SCHOLTZ: Yes. Good morning. I'm Tom Scholtz. On
November the 22nd, I paid something just slightly less than $7,000 for
a -- a permit and impact fees for a home I'm building nearby for
myself; $1340 of that impact fee were for sewer impact fees. There,
in fact, is no sewer equipment in the area and probably never will
be. I wrote a letter to Mr. Dorrill's office. Can I assume that you
have a copy of the letter that I wrote and -- and the response?
CHAIRMAN HANCOCK: We do in our package, sir.
MR. SCHOLTZ: Thanks. I kind of feel like I'm wasting
your time being that you -- you have the letters, and I have shown
concern. I guess further I -- I should assume that Mr. Clemons is --
is going to send you a recommendation shortly indicating that maybe he
thinks that ordinance should be changed. And that about wraps it up.
I -- I mean, I -- I've paid $1350 for a -- a service that really
doesn't exist and probably never will, and your -- whatever you can do
I'd appreciate.
MR. FINN: Mr. Scholtz, Mr. Chairman, if I may. Edward
Finn, public works operations director. We reviewed Mr. Scholtz's
request, and staff is prepared to come back in two weeks with a
recommendation to add this property to the properties excluded from
the payment of sewer impact fees if that pleases the board.
CHAIRMAN HANCOCK: And at such time Mr. Scholtz would
receive a refund?
MR. FINN: Yes, sir. We would duly process it once the
board has approved that exclusion.
CHAIRMAN HANCOCK: And his property meets all the
criteria that would allow for that inclusion into that group?
MR. FINN: It would be an exclusion from the payment of
impact fees, yes, sir.
CHAIRMAN HANCOCK: Okay. Are there any questions from
the board?
Mr. Scholtz, does that answer your question?
MR. SCHOLTZ: It sure does. Thanks.
COHMISSIONER CONSTANTINE: So we'll see all the details
in a public hearing in two weeks?
CHAIRMAN HANCOCK: That will be brought back to the
board --
MR. FINN: This will not be a public hearing. This will
be on a case-by-case basis for Mr. Scholtz.
CHAIRMAN HANCOCK: Okay.
MR. FINN: The necessity to advertise a public hearing
for a change in the ordinance would require a little bit longer delay
to include any properties in that exclusion.
CHAIRMAN HANCOCK: Okay. So you'll work directly with
Mr. Scholtz on this matter?
MR. FINN: Yes, sir.
CHAIRMAN HANCOCK: Thank you.
MR. SCHOLTZ: And I -- I'm sorry that I -- I -- I don't
know this gentleman here. What's -- who is he?
CHAIRMAN HANCOCK: You're about to be introduced to
him. Mr. Finn, would you get with Mr. Scholtz and --
MR. DORRILL: He'll get with you in the hall and give
you his card.
MR. SCHOLTZ: Fine. And good-bye to you, Neil.
MR. DORRILL: Thank you.
MR. SCHOLTZ: Thank you.
Item #7C
KEN CARLYLE, HCANLY ENGINEERING AND DESIGN, INC., REGARDING THE NAPLES
HERITAGE GOLF AND COUNTRY CLUB MEDIAN LANDSCAPING - TO BE PLACE ON
FUTURE AGENDA
CHAIRMAN HANCOCK: Thank you. Next item, Item 7(C), Ken
Carlyle with HcAnly Engineering & Design regarding Naples Heritage
Golf and Country Club median landscaping.
MR. CARLYLE: Good morning. My name is Kent Carlyle,
and I'm a registered landscape architect with HcAnly Engineering and
Design. And we are very pleased with the great amount of work that
was accomplished by Collier Naplesscape, and we are happy that you
supported their efforts last board meeting.
I am here today representing U.S. Home Corporation, I
mean -- the developers of Naples Heritage Golf and Country Club
located on County Road 951. Naples Heritage is destined to become
U.S. Home Corporation's finest community, and for that reason, we
would like to portray that image to the community by beautifying the
-- the medians adjacent to our property there. We have worked
closely with county staff; and we have provided an approved landscape
plan that is consistent with the streetscape master plan's
recommendations for that section of roadway, and we have obtained a
right-of-way permit that will allow us to begin construction.
We are seeking a partnership with Collier County and ask
today that the board would allow the review of a match-funding
agreement considering U.S. Home Corporation will maintain and irrigate
the landscaping at its cost. We're also asking that our petition be
placed on a future agenda for consideration at the board's
discretion.
The beautification of this section of road -- roadway
will greatly benefit the Collier County Streetscape Network. Because
of its proximity to a major gateway, thousands of tourists and
residents will experience the improvements, which will reflect
community pride and economic vitality. This project will act as a
model for future 951 projects and set the tone of the streetscape
master plan's recommendations.
CHAIRMAN HANCOCK: Mr. Carlyle, similar to the previous
application, you're asking for us to place this on a future agenda to
consider it --
MR. CARLYLE: Yes, sir.
CHAIRMAN HANCOCK: -- with the understanding that at
this time both the previous project and yours don't exactly have funds
budgeted for them --
MR. CARLYLE: Yes, sir.
CHAIRMAN HANCOCK: -- and how they fit into the overall
framework is going to be the crux of the discussion I would guess.
Okay. Is there any objection to Mr. Carlyle's request?
COMHISSIONER CONSTANTINE: None.
COMHISSIONER MAC'KIE: None.
CHAIRMAN HANCOCK: Seeing none, Mr. Dotrill, likewise,
would you place Mr. Carlyle's request on a future agenda?
MR. CARLYLE: Thank you.
Item #8A1
RESOLUTION 97-003 GRANTING A TWO YEAR EXTENSION FOR THE ARBOR LAKE CLUB
PUD SUBJECT TO AFFORDABLE HOUSING AGREEMENT
CHAIRMAN HANCOCK: Thank you. Moving on to Item 8(A)
under county manager's report, under community development
environmental services, staff review and recommendations relative to
Ordinance 90-37, the Arbor Lake Club PUD. Mr. Badamtchian is stepping
up to the plate today.
MR. BADAMTCHIAN: Good morning, Commissioners. Chahram
Badamtchian from planning services staff. As you well know, the
Collier County Land Development Code requires all PUDs approved prior
to 1991 which haven't commenced construction to be brought before this
board for review. This PUD was approved in 1990 and had specific
language regarding sunsetting, and in 1995 this board reviewed this
PUD and granted a two-year extension which will expire May of 1997.
The owners of the property, they sent us a letter
requesting another two-year extension. They are having a problem with
environmental permits. Staff reviewed this petition and recommends a
two-year extension of this PUD. This PUD is -- contains 22.3 acres
and is approved for 246 multifamily units with a density of 11 units
per acre.
CHAIRMAN HANCOCK: Mr. Badamtchian, the staff report
indicates a one-year extension is recommended.
MR. BADAMTCHIAN: They sent us a letter requesting a
one-year extension. Then yesterday I had a phone call from
Mr. Coleman saying that was a typo. They want a two-year extension.
CHAIRMAN HANCOCK: Okay. You also have in here that you
recommend a revised affordable housing agreement.
MR. BADAMTCHIAN: Yes. The affordable housing agreement
they have is outdated, and staff requests that they come back and that
-- have another agreement, up-to-date agreement, with staff.
CHAIRMAN HANCOCK: And I'm sorry. What's the density?
MR. BADAMTCHIAN: Eleven units per acre.
COMMISSIONER MAC'KIE: Is -- two years is the standard
extension?
MR. BADAMTCHIAN: Two years is the standard extension,
correct.
CHAIRMAN HANCOCK: Are there any questions by the
board?
COMHISSIONER BERRY: Is 11 units within what we should
have?
CHAIRMAN HANCOCK: It's one unit less than the maximum
allowed under affordable housing, as I understand it.
MR. BADAMTCHIAN: This is within the -- a traffic
congestion area. That's why the base density is 3. Mr. Coleman is
here if you have any questions.
CHAIRMAN HANCOCK: Commissioner Norris.
COMMISSIONER NORRIS: I have a question about the -- the
density. Is it all based on affordable units, or is it a mix of
market rate --
MR. BADAMTCHIAN: No. They have 20 percent very low
income and 80 percent low income. The entire project is for
affordable housing.
CHAIRMAN HANCOCK: Okay.
COMMISSIONER MAC'KIE: So it's a hundred percent
affordable?
MR. BADAMTCHIAN: Correct.
CHAIRMAN HANCOCK: What's the pleasure of the board?
COMHISSIONER MAC'KIE: I -- I --
COMMISSIONER CONSTANTINE: Do we want to hear from
Mr. Coleman?
COMMISSIONER MAC'KIE: We can --
CHAIRMAN HANCOCK: Mr. Coleman, do you have anything you
wanted to get on the record or --
MR. COLEMAN: Just that our client is -- for the record
my name is Kevin Coleman representing the property owner, Tortuga
Investments Limited. I'm aware of the board's dislike for speculative
zoning, and up until this point, that's exactly what this project has
been. My client purchased the property last month without contingency
of zoning extension. We do want a two-year extension. In exchange
our client is willing to commit for a reduction of 56 units of density
on the property, which would cut it down from to 246 to no more than
190 units. It might, in fact, be less than that, which gets it down
to about 8.5 units per acre. At present the property does not have a
hundred percent affordable requirement, which our client is willing to
commit to today, 20 percent -- like Mr. Chahram said, 20 percent very
low, 80 percent low.
COMMISSIONER NORRIS: That was 56 units, you said?
MR. COLEMAN: We're willing to carve out, Commissioner
Norris, 56 units.
COMHISSIONER NORRIS: I'll make -- if there are no
public speakers, I'll make a motion that we approve the two-year
extension conditioned upon the commitment by the developer to reduce
the number of units by 56 and that it -- it be 100 percent affordable.
COHMISSIONER HAC'KIE: At the ratio of 20 and 80.
COHMISSIONER BERRY: I'll second that.
COHMISSIONER NORRIS: Whatever ratio. I'm not concerned
with the ratio just that they're -- they're definitely all --
COHMISSIONER HAC'KIE: I want to be sure there's some
very low.
MR. COLEMAN: Just before you vote, I apologize. We
might even be less than 190. So I don't want to have to come back for
another extension. If you would -- if you would make the motion so
that it would be no more than 190 units, Commissioner Norris, that
would be perfect.
COHMISSIONER NORRIS: I'll amend the motion to do that.
CHAIRMAN HANCOCK: Does the second amend?
COHMISSIONER BERRY: And I'll second that.
CHAIRMAN HANCOCK: Okay. Is there any discussion?
No public speakers, Mr. Dotrill?
MR. DORRILL: No, sir, Mr. Chairman.
CHAIRMAN HANCOCK: All those in favor please signify by
saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none.
MR. COLEMAN: Thank you.
CHAIRMAN HANCOCK: Mr. Coleman, thank you.
Mr. Badamtchian, thank you.
Item #8A2
RESOLUTION 97-04 GRANTING A REQUEST BY HOLE, HONTES AND ASSOCIATES,
INC., TO CLEAR, PLACE FILL MATERIAL AND TO REVEGETATE ON COHMERCIALLY
ZONED LAND LOCATED AT THE NORTHEAST CORNER OF U.S. 41 AND VANDERBILT
BEACH ROAD - ADOPTED
Item 8(A)(2), consider approval of a resolution granting
a request by Hole, Hontes regarding fill material.
MR. ARNOLD: Good morning, Commissioners. Wayne Arnold,
planning services director. This is a request from Hole, Hontes &
Associates to clear and fill a piece of property prior to site
development plan approval. Subject property is located on the
northeast quadrant of Vanderbilt Beach Road and U.S. 41. Currently
the site is partially developed with Kempfer Interior's building, and
it's immediately behind the Villa Pescatore/Plum's Cafe.
The site is partially wetland environment. It's also
infested with exotic vegetation. There are some environmental permits
that will be expiring in the near future before a site development
plan could get approved. In this particular case they are also going
to be mitigating approximately 20 acres of property in Collier County
toward the eastern boundaries of Collier County.
But in this particular case, staff has looked at the
issue. We find, really, no objection to the clearing and filling of
the property subject to the stipulations, which would be the
irrevocable letter of credit and approximately $14,760 to cover the
cost of -- of going ahead and completing that work should the
applicant fail to do so. We've also asked for a remedial water
management plan on the site to be completed as well as some perimeter
landscaping to be placed along Vanderbilt Beach Drive.
CHAIRMAN HANCOCK: Mr. Arnold, I -- I always come back
to a comment Commissioner Norris made a couple of years ago, fear of
people going in, leveling, filling, and creating what was called
moonscape, just flat, barren areas. Is that going to be the case on
this site?
MR. ARNOLD: No, it won't be. They're going to be not
only placing the perimeter vegetation in place, but in addition to
that, the entirety of the project is not going to be cleared. In
addition to that, I think you're going to see part of the project
immediately adjacent to this coming forward very recently -- very much
in the near future with a site development plan, in which case they're
going to be adding some parking facilities and some other buildings.
So that's all going to play in with that longer-term proposal here.
CHAIRMAN HANCOCK: Do we have any further questions from
the board?
COHMISSIONER BERRY: Is this -- is this the property
that wraps around Villa Pescatore? MR. ARNOLD: Yes, it is.
COHMISSIONER BERRY: From Vanderbilt Beach Road, it
comes kind of around almost to 41 or -- MR. ARNOLD: Yes, it does.
CHAIRMAN HANCOCK: Mr. Dorrill, any speakers on this
item?
MR. DORRILL: I don't have any, Mr. Chairman.
CHAIRMAN HANCOCK: Do we have a motion?
COHMISSIONER MAC'KIE: Is the -- is the petitioner
here?
CHAIRMAN HANCOCK: Is anyone here from Hole, Montes as
the petitioner?
MR. ARNOLD: Yes. I think Julia Adarmes is here
representing Hole, Montes.
COMHISSIONER MAC'KIE: I just was curious if they showed
up.
MS. ADARMES: I did. Julia Adarmes from Hole, Montes,
if you have any questions.
COMHISSIONER MAC'KIE: I guess not.
CHAIRMAN HANCOCK: Is there direction from the board
other than absolute hesitation?
COMHISSIONER MAC'KIE: I just wanted to know if they
were here, if they cared enough to show up.
COMMISSIONER NORRIS: Motion to approve.
CHAIRMAN HANCOCK: Do we have a second?
COMHISSIONER BERRY: I'll second it.
CHAIRMAN HANCOCK: Motion and a second. All those in
favor please signify by saying aye.
Opposed?
(No response
CHAIRMAN HANCOCK: Seeing none, the motion carries 5 to
0. Thank you, Mr. Arnold.
Item #8A3
RESOLUTION 97-05 GRANTING A TWO YEAR EXTENSION FOR THE BEACHWAY PUD -
ADOPTED
Item 8(A)(3), staff review and recommendation relative
to Ordinance 90-45, the Beachway PUD. Mr. Nino.
MR. NINO: Yes. Ron Nino for the record, planning
services department. The Beachway PUD is now five years old, and no
development has occurred. The Beachway PUD has frontage on lllth and
on U.S. 41 and wraps around the Wal-Hart and HcDonald's development.
It was approved for 800 dwelling units, mixed dwelling
units, and that produces a density of 3.02 dwelling units per acre.
The maximum density authorized by the Land Development Code -- by the
Future Land Use Element is 4 dwelling units per acre. The review
finds that the PUD is consistent in all respects with elements of the
Growth Management Plan. The petitioner has requested a two-year
extension. We believe this PUD is -- is drafted in a relatively
contemporary fashion, and we have no reason to recommend that the
two-year extension not be granted.
CHAIRMAN HANCOCK: And you said it's currently at a
density of 4 units per acre?
MR. NINO: Three point zero two.
CHAIRMAN HANCOCK: Three point zero two. I'm sorry.
COHMISSIONER BERRY: I'll move for approval.
CHAIRMAN HANCOCK: Mr. Dorrill, do we have any speakers
on this item?
MR. DORRILL: No, sir.
CHAIRMAN HANCOCK: Close -- oh, we didn't have a public
hearing. We have a motion. Is there a second? COHMISSIONER CONSTANTINE: I'll second it.
CHAIRMAN HANCOCK: I'll -- I'll get the hang of this in
about 12 months. Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none. Thank you, Mr. Nino.
Item #8B1
RESOLUTION 97-06 AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT AND HIGHWAY
BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH FDOT FOR THE
INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IRRIGATION ON A PORTION
OF STATE HIGHWAY 29, ALSO KNOWN AS MAIN STREET IN IHMOKALEE AND
RESOLUTION 97-07 APPROVING A GRANT REQUEST TO THE FDOT HIGHWAY
BEAUTIFICATION COUNCIL FOR THE BEAUTFICATION OF A PORTION OF STATE ROAD
29, ALSO KNOWN AS MAIN STREET IN IHMOKALEE AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO APPLY FOR A HIGHWAY BEAUTFICATION GRANT FROM FDOT
HIGHWAY BEAUTIFICATION COUNCIL - ADOPTED
Item 8(B) under public works, recommendation for the BCC
regarding a highway beautification grant for a portion of State Road
29, Main Street in Immokalee.
COHMISSIONER CONSTANTINE: Is this the one we just had a
discussion on a couple of -- well, three weeks ago, four weeks ago?
MR. ARCHIBALD: Yes. For the record, George Archibald,
transportation director.
COHMISSIONER CONSTANTINE: Before you go on, George,
because if it's the one we already discussed, we don't need to have a
long discussion. My only concern is in the summary where it says such
funding, if needed in the future, would be either BCC-approved grant
or loan with payback. And I thought when Fred Thomas and everyone was
here we said we like the idea, but it would be a loan with payback.
And -- and I don't want to leave that door open for something that
we've already set a direction for.
MR. ARCHIBALD: Let -- let me explain if I could. This
is a grant in addition to what was presented to the board on the 17th;
so if, in fact, the FDOT approves this and the county receives any
funding under this separate grant application, then that funding would
reduce the amount of the loan necessary from the board to the
district. Your finance committee will be finalizing a report to you
on that loan, and the loan will be constrained both in terms of time
and funding source. So you'll be receiving that, I would expect,
soon. In the interim, though, we'd like to be able to go ahead with
these two resolutions. And again, any funds that we receive will,
again, reduce what the loan will be.
COHMISSIONER BERRY: I'll move approval of this.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: Mr. Weigel, we have two separate
resolutions. Will a single motion be sufficient to contain both?
MR. WEIGEL: I would prefer that you take two motions,
please.
CHAIRMAN HANCOCK: Okay. If you would be so kind as to
identify the first resolution for us.
COMMISSIONER MAC'KIE: It's not numbered yet.
CHAIRMAN HANCOCK: Yeah. Just any way to differentiate
between the two, Mr. Archibald, so the motions can be clear on the
record.
MR. ARCHIBALD: I'd make reference to the page number,
page No. 7 and 8, Resolution No. 1.
CHAIRMAN HANCOCK: Commissioner Berry, would you like to
restate your motion regarding the resolution beginning on page 7 of
our packet?
COHMISSIONER BERRY: I'd like to make a motion that we
accept the resolution located on page 7 and 8 of our board packet.
COHMISSIONER HAC'KIE: Second amends.
CHAIRMAN HANCOCK: We have a motion and a second. Any
discussion?
All those in favor please signify by saying aye.
Motion carries 5 to 0.
Is there a second motion?
COHMISSIONER NORRIS: I'll make a motion that we adopt
the second resolution which is found in our packet on page 9 and 10.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: We have a motion and a second. Any
discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, Mr. Archibald, thank
you, and good luck shopping for those golf clubs and fishing rods.
Item #8C1
RESOLUTION 97-08 AUTHORIZING THE COUNTY TO ENTER INTO A LEASE WITH THE
GULF COAST SKIMHERS WATER SKI SHOW, INC., FOR THE PURPOSE OF PROVIDING
A WATER SKI PROGRAM FOR YOUTHS AT THE SUGDEN REGIONAL PARK - ADOPTED
AND APPROVAL OF THE LEASE AGREEMENT
COMHISSIONER CONSTANTINE: Mr. Chairman, just a quick
suggestion. I know we have a number of people here on this next
item. We have three items all related to this. Perhaps we could take
all three together.
CHAIRMAN HANCOCK: That was -- my intent was that we
will have a single hearing on Items 8(C)(1), (2), and (3) if there's
no objection, because all three are -- are directly related. Is that
the desire of the board?
COMHISSIONER MAC'KIE: Yes.
CHAIRMAN HANCOCK: Okay. We'll combine Items 8(C)(1),
(2), and (3). Anyone who is not registered as a public speaker
wishing to speak on any of those items, please do so and pass the slip
in to Mr. Dorrill here to our right. Mr. Olliff.
MR. OLLIFF: Good morning.
CHAIRMAN HANCOCK: Good morning.
MR. OLLIFF: Happy New Year.
COMHISSIONER MAC'KIE: Thanks.
CHAIRMAN HANCOCK: That too.
MR. OLLIFF: For the record, Tom Olliff, the public
services administrator. There are three items and -- and based on
your direction, I'll try and combine all three of them. If -- if I
could, I would like to be able to ask that in addition -- that at the
end, I think, I'd be given some opportunity to be able to respond to
some of the questions and concerns that are raised, perhaps, at one
time at the end. I know prior to the meeting I was counting. You
probably have enough public speakers to go four hours if everyone
speaks; so hopefully, maybe we can resolve some of those questions up
front here as part of the presentation. Realizing that, I'll try and
keep it brief, but I'll also try and answer as many questions as I
can.
The three items that you've got in front of you are --
are -- and I'll take them in order. 8(C)(1) is a recommendation that
the county commission approve a resolution and a lease agreement
between Collier County and the Gulf Coast Skimmers; and I know from
the board's perspective you must be thinking, well, we've already done
this. But actually what we're doing is going back and -- and doing
two things. The -- the lease is amended slightly to -- to change the
location of the actual leased property from the eastern to the western
shoreline of the lake.
And secondly, when the lease was originally adopted, the
attorney's office believes that statutorily we should have adopted a
resolution at the same time. And so to correct that, they indicated
that the cleanest and easiest way to do that is to terminate the
existing lease that we have and adopt a new lease with a resolution.
The second item that you've got is a recommendation that
the board enter into a construction contract with the Gulf Coast
Skimmers, and this is a little unusual. This is a construction
contract with a -- a local water ski organization, but it's done this
way because originally the obligation to build the grandstand facility
was an obligation of the Gulf Coast Skimmers, and the lease that we
originally executed contemplated them constructing and building that
stadium.
However, when the -- the donation, and that -- that
generous donation by Mr. Sugden was made for $200,000 to fund the
construction of that stadium, he, just like in his previous donation,
felt more comfortable making his donation to Collier County as opposed
to the Gulf Coast Skimmers. I think he just feels like county
government is -- is a long-time, stable entity; and so he feels
comfortable making his donations to the county.
But in order to maintain the obligation for construction
where it belongs, we're executing a construction agreement where we
will simply pass through that donation back to the Skimmers and -- and
make them construct the grandstand that they were originally committed
to do. So you know, we will retain the right to review and approve
all the plans so that we have protection in terms of what goes in the
park.
And the second question that usually arises is, who owns
the -- the facility once it's constructed? The construction agreement
and the lease both understand that anything that's constructed within
the park becomes the property of the county as soon as it is
constructed.
The third executive summary that you've got is a
recommendation that you enter into three contracts, and one is with
Ibis Incorporated, the other is with Mag, Incorporated, and last one
with Sunshine Excavators. The first two are -- are necessary in order
to allow us to get this project to construction bid. As you know, we
have -- this has been the most unusual project that I've ever been
involved with in that there are volunteers who have stepped up from
the community and who are assisting us in doing the design and
permitting work for this project.
To date I believe we spent about $5,000 and have gone
all the way through not only the zoning process, but we've gone
through preliminary site development plan and currently have our final
site development plan in for review and approval. And we've done all
of that, basically, without hiring any sort of a -- a design
professional. Local engineering firms have done that strictly with
volunteer efforts. I think the executive summary indicates to you
that we would have estimated to have spent between a hundred and a
hundred and fifty thousand dollars to this point if it hadn't been for
the volunteers. What we're requesting is that you execute two
contracts that will total $12,000, and that is simply to fill in the
gaps of the -- the professionals that we don't have on board to be
able to help us get to construction contract.
And lastly, there's a contract with Sunshine Excavators,
and that is the same firm that did the clearing originally for the
Fantasy in Fireworks. We are using the quotes that were originally
obtained for that event. We need to clear another 8 acres of land,
and they have committed to maintain the same price per acre for
clearing that they did as part of that quote. And just for
expediency's sake, we're requesting that you allow us to continue to
use that quote and -- and contract with Sunshine.
Those are the three executive summaries, but if I could,
I'd like to be able to -- to go back and maybe address some of the
questions and concerns that I know I've heard and you probably have
either in the newspaper or in -- on the radio. And I've prepared some
information for you that I'd like to review with you if I could.
As I go through this, I'd like for you to, in -- in all
of these items, keep three questions in mind if you would. And the
first one is, will this park have an impact on the neighborhood? And
I think, in all honesty, the answer to that is, yes. There's no doubt
that any development, I think, on this property is going to have an
impact beyond what the undeveloped lakefront property has. In a lot
of cases, I think, the impacts are good and are better than the vacant
property that is there in terms of control, some of the vagrancy and
-- and vandalism-type issues; I think the -- the park's development
will actually add some things. But in terms of answering that
question, is there an impact, I think that the honest answer is yes.
But the second question I'd like for you to keep in mind
is, is the impact of this park greater than or less than anything else
that you could reasonably expect to be developed on that property?
And not only that, I -- I think you need to keep in mind what was
permitted and approved and zoned on that property prior to the county
purchasing it. And I'd like to go through some comparisons of that
project and the park.
And, lastly, I -- I think you -- you deserve to know
whether or not your staff has done a reasonable job of trying to make
some design accommodations to take into account the neighborhood and
the impacts, and are we trying to do our best to minimize any negative
impacts that it would have on the neighborhood? And as I go through
this, if you'd keep those questions in mind, I think -- I think we'll
try and answer those for you.
CHAIRMAN HANCOCK: In -- in fairness, Mr. Olliff, and
maybe to help speed everything along, the county has already made the
decision to purchase this as a regional park. The merits of it being
a regional park were why we -- we acquired it in the first place with
Mr. Sugden's assistance. So as much as those are important, those are
not at issue today. I appreciate you setting them up as a reminder of
why we -- we went down this path. What seems to be at issue today is
the Skimmer's lease, whether it should or should not be changed. And
what the impacts of the Skimmers are going to be and those impacts
relative to what would happen if 378 condos were built there, I think,
is a relevant question.
COHMISSIONER HAC'KIE: Can I -- can I just comment on
that, Mr. Chairman?
CHAIRMAN HANCOCK: Please.
COHMISSIONER HAC'KIE: That -- as -- as was painful for
me at the time when we were buying Sugden Park, I had to eliminate
myself from those discussions because I represented the developer.
But as the former representative of the former developer of -- the
property owner of the -- of the Sugden Park property, I can tell you
that the Gulf Coast Skimmers were always going to be a part of my
client's development of that property.
So if we're talking about what is relevant based on what
we knew going in or if -- the reason, I think, that the -- the former
plans for development are relevant is that the developer, Signature
Communities, had always committed to the Skimmers that their water ski
program would remain a part of the development of that property. It
just would have included a lot of rental property instead of a park.
So I just want to tell you that since I know that from personal
knowledge.
CHAIRMAN HANCOCK: Thank you.
COHMISSIONER HAC'KIE: And I wanted to put that on the
record.
CHAIRMAN HANCOCK: Thank you, Commissioner Mac'Kie.
Mr. Olliff.
MR. OLLIFF: One of the things -- one of the things that
I think we -- we need to keep in mind is that -- that the county is --
is like any other developer when it builds. I mean, there are design
standards that we have to meet, and there are standards in place that
are designed to make sure that any development is going to be a good
neighbor and is going to take into account its impacts on its adjacent
property owners.
The design standards that the county has to meet and a
lot of questions that have been raised deal with these specific code
issues that you already have in place. You have codes in place, and
that's why you don't have a site development plan process as a public
hearing process because you have those standards in place already.
The development services staff handles those for you there and does
that review.
But this park, like any other development, is going to
have to meet your existing noise ordinance, the setback requirements,
the drainage requirements, the landscape and environmental codes. Any
events that are planned in the grandstand or in the park are going to
have to meet all your outdoor event permitting and all of the
standards that any other development would have to meet. So -- so
don't think -- and -- and I hope the public doesn't think that because
it's a county project that it doesn't have to meet the same
standards. Beyond that I want to tell you that this park in almost
every case is going to exceed those standards, especially in those
cases where it's going to affect adjacent property owners.
Secondly, to be able to show you the estimated
difference between the Sugden Park development and Avalon PUD, I think
the parking spaces -- while they may be fairly close, I think the --
the major difference is when you look at the trips-per-day figure.
Trips per day for single-family homes are significantly higher than
they will be for a park, especially a park that's going to be used by
children who are primarily in school for most of the day.
If you look at the square footage of building space
that's being constructed, 4200 square foot of building space is what's
estimated for the park versus almost 300,000 square foot of building
space. For your reference on the board here (indicating) is the
actual approved site development plan for the Avalon PUD, and all of
those that we've highlighted in blue are the actual building
structures. The building structure at the very top of the picture
there is -- is actually 25 foot off the property line, and each of
those that you see represents a three-story rental housing project
with 12 units in each one.
The market studies that were done by the -- the
engineering and permitting staff associated with that project -- they
did market studies for everything from mobile home to single-family
home; and finally, the only thing that they felt would work in this
particular community and this particular property was a -- either low
-- low-income housing or a rental project. And they opted for a
rental project, and that's what was approved. And I can also tell you
that you don't go to that stage, you don't go and get your site
development plans, unless you're ready to go start building
something. It wasn't a project that was spec'd and -- and getting
ready to be sold as raw land. It was a project that was getting ready
to be built.
In addition, I think, to the 378 rental units, we're
keeping green space; and I think this is a green space that's not only
green space for green space sake, but it's in the middle of the urban
area. It's -- it's in the middle of a developed area, which is what
P-2000 and some of our -- our Collier green space tax people were
looking for is green space in the urban area.
Paved area, we're looking at 5 percent and probably less
in the park as opposed to 25 percent of the -- the land space being
paved. The park is only going to be open 12 hours today -- per day as
opposed to 24 hours a day for the -- the Avalon PUD. And I think the
landscaping difference is going to be drastic. The landscaping that
we plan for this park is the primary feature of this park. We want to
landscape this park so that it's a regional, passive-type park.
So why is the park better for the neighborhood? In
general, it will reduce the area density by 1,000, and that's just
some -- some rough estimates, but the impact of a thousand people in
your neighborhood is huge, and this is 1,000 less people who will be
living in that community than would be if that PUD were built.
Again, it retains the green space in the urban area. It
has significantly less traffic than the approved PUD, and this is
Phase 1, only Phase 1. This provides a 3.7 million dollar park,
playground, and preserve within walking distance of all these
neighborhoods. It is significantly more secure and has more control
than a PUD. It increases, we believe, the surrounding property values
by having that amenity next door.
Specifically what have we done to try and be a good
neighbor? We have planned for on-site sheriff deputy residents. If
you're familiar with the fair site where there is actually a sheriff's
deputy that lives there 365 days a year, we have planned and put that
into the site development plan where there is a sheriff's deputy who
can live there on site.
We've agreed to increase the landscaping and road paving
near Guilford Road. We had originally tried to design this park in
such a way that we wanted to retain as -- as little paving as
possible. We wanted to try and retain green space and provide grass
parking. At their request we've agreed to pave that road which is
along Guilford Road because they had some dust concerns; so we've
agreed to do that.
They, additionally, wanted us to increase the
landscaping buffer so that it was totally opaque. They did not want
to be able to see through the landscaping buffer and see to the lake;
but more importantly for them, I think, they didn't want the people
from the park to be able to see into their backyards. We understand
that, and we've agreed to do that along that landscaped buffer.
Additionally, we've designed a passive park that doesn't
have ball fields, doesn't have ball field lights; and -- and for those
of you who have those parks in your district, you know that that can
become an intrusive issue. But that is not something that's been
designed into this park. Again, we've designed it with the least
possible paving. We're trying to provide as much green space. We've
provided a berm along Outer Drive.
We've retained as much of the native vegetation as
possible, and -- and to be honest, there's not a lot that can be
saved. Most of the vegetation that is there is in the way of exotics,
but I will tell you at the parks board meeting, the residents
requested that we make an effort to save the Australian pines that
were there. We have tried that in the past at Barefoot Beach and were
unsuccessful, but we committed to them at that meeting that we would
do that, we would try and work with permitting agencies. If at all
possible, if we could retain the Australian pines that are there, that
we would do that.
And, lastly, I think we designed the grandstand to
minimize impacts. As you are -- and have heard before, the grandstand
is designed to be built as an earthen berm. It is not a -- a simple
bleacher facility, and the earthen berm construction is significantly
more expensive than is just a straight bleacher. In fact, we believe
we're probably spending somewhere between a hundred and twenty and a
hundred and fifty thousand dollars additionally on the design of that
grandstand to make sure that it minimizes the impacts on the
neighborhood.
What do the Gulf Coast Skimmers add? The Skimmers add a
free public ski show, and I think a lot of the -- the concerns or
discussion I've heard is, how come we're not getting more money out of
the Gulf Coast Skimmers in terms of the lease? This lease is very,
very similar to the lease that we have with the North Naples Little
League or the Remote Control Car Club and several other of those
not-for-profit, recreational groups in the area. The benefit to the
county for this ski show is that the public, the viewing public and
the participating public, gets a benefit out of that; and it's
something that we wouldn't be able to provide at that park if we
didn't have a lease like this with the Gulf Coast Skimmers.
Secondly, and probably even more important than that, is
that it provides a youth activity for kids at risk. And if you've
ever been to the show and seen who participates, I think you'll see
that these kids are the kids that we're trying desperately to find
something for them to do. This is something constructive. This is
something that they can do that actually teaches some responsibility,
and we think it's a great program.
The Gulf Coast Skimmers add some presence on site.
You've heard me in budget presentations before tell you that one of my
biggest concerns is the lack of staff presence in a lot of cases on --
in such large park areas. The Skimmers, because of their presence,
add a bit of authority. They add some eyes and ears there on the site
for us, and that helps us a great deal.
CHAIRMAN HANCOCK: Which, if I'm not mistaken, is one of
the main reasons the vagrancy issue on that site has been all but
nonexistent.
MR. OLLIFF: And, lastly, we believe that they add a
grandstand that's usable for other county programs. Would we, as part
of Phase 1, be building a grandstand facility like that? Probably
not. We would probably be putting those monies in something else,
some other type of recreational facility. Is this going to be a great
facility for us to be able to have high school band concerts and those
kinds of activities? We don't have anything like that anywhere else
in the county; so I think that's something that they were able to
bring to the table with them.
COMHISSIONER MAC'KIE: Can I just add to that, too, that
-- that I'm -- I know that this a hundred, hundred and fifty thousand
dollars' worth of free work that we've gotten out of consultants
who've done it on a volunteer basis, while they love Collier County
government and want to do all they can for us, their reason for
contributing that free work was in support of the Gulf Coast
Skimmers. So that's another hundred, hundred and fifty thousand
dollars you can add as a benefit that the Skimmers brought.
CHAIRMAN HANCOCK: True.
MR. OLLIFF: In summary, we believe that the park is --
is much better for the community than the development that was planned
or, beyond that, any development that would realistically be built on
that property. We believe that this park will have far fewer negative
impacts than any other type of development that would occur. We
believe, certainly, that it's a benefit to the property values and to
the property owners that live in the area. It's 120 acres of public
green space that you -- that would ordinarily be developed.
We want to show you that the park is being designed with
the neighborhood in mind. In addition to the berm itself, and the --
and the figure I gave you with the paving and the additional
landscaping, we're probably approaching $200,000 worth of park funding
that's -- that's going specifically into items that are designed to
make us a better neighbor with those people that are adjacent to us.
And when you're dealing with a -- a 1.8 million dollar total budget,
$200,000 is a large part of it. I mean, that's -- greater than 10
percent of the total park's budget is going to try and offset our
impacts on the neighborhood.
Lastly, I -- I think if you look at our history, you can
look at our track record, I think we are a good neighbor. This park
in particular, I think, is going to be better than most, because it is
what we call a passive park. It is not an active recreational park.
It is a big hunk of green space that is designed for picnic, walking
trails, passive-type recreation. It's not the one that's going to
have the ball games and the ball field lights. This is the kind of
park that you want as a neighbor, and we're going to do everything
that we can to make sure that we are a good neighbor, because we have
to live there just like everyone else does.
In closing -- and I'll -- I'll let us get to the -- to
the speakers. I think I want to go back, if I can, to those questions
that I asked you to start with; and those questions were, is it going
to have an impact? I think the answer is yes.
Is the impact greater than or less than any other
development that you could expect to be on the property? I think
we've demonstrated that the impact is going to be significantly less
than anything else that would have been built on that property.
And then I hope that you've seen that in our design
process that your staff and OCPH and the volunteers that are
associated with this project have gone above and beyond in trying to
make sure that in our design we've thought about the neighbors. We've
thought about the impacts, and we've tried to -- to offset those in
every way that we possibly can.
I'll leave you with -- with one item and that's that we
had some decibel readings taken of the show that currently exists
today. The decibel readings for the show today with an open
grandstand, open bleacher system, and frankly, a -- a poor sound
system are within your -- your county's noise ordinances. We also had
the -- the decibel readings taken on both sides of a berm of a typical
development. We went to South Hampton and, I believe, Pelican Harsh,
and took some readings on both sides. The readings on the traffic
side of the berm were somewhere in the 70s, 72 to 74 range. When you
go to the other side of the berm, there was a drop in the decibel
reading from between 10 to 15 decibels on the other side of the berm.
The current reading of the show today is 54. We believe
that after the construction of the berm, the decibel reading will be
in the 40s, the low 40s, and that is for 1 1/2 hours a week. Now, to
put that in comparison for you, a typical outdoor air-conditioning
unit or a typical lawn mower runs at 70s, between 70 and 75 decibels.
So I think in terms of what does that show impact the neighborhood, it
is probably much, much less than your neighbor's lawn mower when they
cut the grass that hour on Saturday morning; and I think that we're
willing to spend that hundred and twenty, hundred and fifty thousand
dollars extra on the construction of that grandstand to make sure that
that's the case.
In terms of setbacks, the closest facility on this
property is a hundred and forty feet from a property line; so I think
we have exceeded all the setback requirements for this project. We've
already told you that we've enhanced the landscaping well above what
your already-stringent code requires.
In terms of drainage, we are not only required by code
to handle the -- our own drainage on site, but we are committed to
handle several other adjacent properties' drainage as well. And we've
got to take on that water, treat that water, and then process it for
outflow ultimately. So I think in terms of all the development
standards, we will meet them; we will exceed them; we will be a good
neighbor. And I think we've -- we've bent over backwards to try and
make sure that this project is going to have as little impact
negatively as possible and as much positive impact as possible. And
with that I'm -- I'm available for any questions.
CHAIRMAN HANCOCK: Mr. Olliff, thank you for your update
on -- on the design changes and physical changes to the park. Do we
have any questions from the board of Mr. Olliff at this time?
With that, Mr. Dotrill, how many public speakers do we
have?
MR. DORRILL: Mr. Chairman, I'm afraid we've got 55.
CHAIRMAN HANCOCK: Fifty-five. Okay.
(Laughter)
CHAIRMAN HANCOCK: Let me -- let me go ahead and -- and
lay the ground rules before the speakers come up. Each speaker is
afforded up to five minutes. There's a little device on the podium.
The green light means go; the yellow light means you have 30 seconds;
the red light means have a seat.
With 54 speakers (sic) I'd appreciate if you will avoid
redundancy. If someone has said exactly what you want to say and you
just want to enlist your support of that statement, please do so. I
think everyone in the room will appreciate it whether you're for or
against a -- a particular item. With that, Mr. Dotrill, if you'd like
to call the speakers, we'll go ahead and get started.
MR. DORRILL: I believe our first speaker is Mr. or
Ms. Mathews. I believe it's Roki, R-o-k-i, Mathews, Ms.; and then
Cappy Rowe. Mr. or Ms. Rowe, you'll follow this young lady. If you'd
come on forward, and if I could have the second speaker, if you could
come up here and just stand by, you'll follow Ms. Mathews. Good
morning. Go ahead.
MS. ROXI HATHEWS: Hi. My name is Roxi Mathews.
Families aren't always related by blood. The Webster dictionary
defines family as a group of people closely related. But I define
family as a group of people who help each other, be kind to each
other, teach one another, and love one another. That's what a family
is to me.
Some people have one family, but I have two. I have a
family with my grandparents, my aunts, my uncles, and of course, my
mother. But I -- but also my family is the Gulf Coast Skimmers. The
president and founder, John Gutsoy, my father; and the show director,
Suzi Mathews, is my mother; and the other skiers, my brothers and
sisters. I look forward to more brothers and sisters to join my
family and more time with my family. And so now I ask you, please
don't take my family away from me. Thank you.
MR. DORRILL: Ms. Rowe and then Ms. Morgan, Candy. Good
morning. Go ahead.
MS. SUZI MATHEWS: Hi. I'm Suzi Mathews. I'm the show
director for the Gulf Coast Skimmers. That is one title I am very
proud to carry with me and proud to introduce myself as. On behalf of
my teammates and myself, I want to thank all of you commissioners for
everything that you have done for us. I am not much of a public
speaker. Believe me, I am a much better show director, but it meant a
lot for me to get up here and talk about my favorite subject, a
subject that has changed my lives (sic), and I have seen changed many,
many other children's and adults' lives.
As a skiing parent and a volunteer, I started with the
Skimmers approximately two years ago, which rapidly drew the interest
of me accepting in September of 1995 the show director position. Of
course, it's voluntary, but I find that as a working mother and single
parent, it is -- it is no burden upon me to take the time away from my
very hectic schedule to still further my knowledge of what I need to
help our team succeed, to help our show grow for Collier County, our
neighbors, and Collier County's visitors. It is very important that I
teach and learn as much as I can so that we can better ourselves to
keep bringing you year after year the best show possible.
I have attended many out-of-state seminars given by
water ski professionals from all over the country, judged competitions
at San Antonio Sea World, and I interact often with many, many show
directors from national winning show teams, show teams that would
amaze you if you knew how interested they were in us not being a
national winning team, not being a competitor after trophies. They
are more interested in what the Gulf Coast Skimmers of Naples,
Florida, are doing with our youth. Therefore, I've become pretty
popular in the water ski world and brought the Skimmers to them. Many
of them have come down just to help us with their -- with their time,
professional skiers: Cypress Gardens, Sea World, other show teams
that, like I said, compete for trophies, not for love.
The most rewarding part of my responsibility as show
director is teaching the neighborhood and youth along with my daughter
how to expand and grow so that they will be able to bring to our
neighborhood, Collier County, and visitors, an everlasting tradition
for many years to come. I take a tremendous amount of pride in
watching our community light up and enjoy our show each week. I
believe it is critical that the Gulf Coast Skimmers remain on their
current lease, because it provides me with the necessary tools I need
to train so that we may continue to warm the hearts of our spectators
of Collier County for many years to come.
Basically, I just want to thank you all very much and
realize the -- the pride and the knowledge and the time that I do put
into our show to bring it -- the best show possible. Thank you.
(Applause)
MR. DORRILL: Mr. Lankton.
CHAIRMAN HANCOCK: I figure you all can understand with
fifty-some-odd speakers -- I appreciate your enthusiasm one way or the
other, but let's try to hold the applause.
MR. DORRILL: Did -- did we lose Ms. Rowe? Rowe,
R-o-w-e.
CHAIRMAN HANCOCK: Is there a Ms. Rowe here?
MR. DORRILL: Oh, mister. All right. Excuse me.
Mr. Rowe, if you would, please, and then Mr. Lankton.
MR. ROWE: My name is Cappy Rowe. I'm a resident of
Foxfire. I have been a Collier County resident for the past 27 years,
and I've been reading and watching with great interest the development
of the Sugden National -- or Regional Park. My concern and some of
the colleagues of mine at Foxfire are concerned about the fact that
nobody's ever mentioned whether you could fish that lake or not.
Now, it sounds like an inconsequential thing, but to
them it's very important, because it seems to be a very prolific lake
for fish, I would think, and I suppose there are certain reasons that
it -- that it cannot, because the park refused to allow it to be
done. They said it's not possible, and I -- I'd just like to bring
that up as a item that -- that concerns some of my colleagues that are
at Foxfire, and it seems that there's --
CHAIRMAN HANCOCK: Excuse me, sir. I'm going to -- I'm
going to -- if I may. I'm up here on the dais in front of you, sir.
MR. ROWE: Oh, excuse me.
CHAIRMAN HANCOCK: The speakers are back there. It's a
little confusing.
MR. ROWE: Excuse me.
CHAIRMAN HANCOCK: The -- the issue before us today is a
lease with the Skimmers, and what I'd like to ask is, if Mr. Olliff
would get with you, I think he can answer your question regarding
fishing and what is -- is projected and what's not. MR. ROWE: Yeah. Okay. Very good.
CHAIRMAN HANCOCK: I thought we had made some plans for
fishing piers off the shore and so forth; so I think he may have some
answers for you.
MR. ROWE: Very good. Thank you very much.
CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Mr. Lankton, if you would please, sir, and
then Mr. Ferguson.
MR. LANKTON: Hi. Hike Lankton. I live on Guilford
Road. This pertains to, basically, I guess, the site plan, what I
have to say. I have a lot of concerns on what's going on back there.
It's come to my attention that there's no plans to build a permanent
restroom facility by the 800-seat amphitheater. Instead you plan on
using Port-o-lets. I don't know how many of these you need for 800
people. I'm sure it's quite a few. So, basically, what this tells me
is that I'm going to take my mother, my aunt, my grandmother to see a
ski show or a special event in an 800-seat amphitheater, $6 million
county park, and tell them if they need to use the bathroom, they got
to use a Put-John. I think that's pretty ridiculous. Let's put a
decent restroom facility back there.
I also see where there's plans for a septic system at
the Skimmers building. This is an area where the groundwater is close
to the surface, next to a lake that traditionally floods and will
eventually lead to more pollution. Not only that, but a septic system
in that area is not to code. I spoke with Jim Heiser with
Environmental Health and Engineering and was told if the sewer runs
down the street the property is on, septic isn't allowed and must be
tied in no matter what the distance. And I'm sure the distance is a
factor here because it's a long ways, which can lead to expense, which
I know about expense, because I -- I have an $8,000 sewer assessment
against my property along with everybody else. And that's just
something, I think, that needs to be dealt with. Thank you.
MR. DORRILL: Mr. Ferguson and then Mr. Kohler,
K-o-h-l-e-r, if I could have you stand by, please, sir.
MR. FERGUSON: For the purposes of the record, my name
is Attorney Tim Ferguson. I represent Charles Stevenson and other
Guilford Road residents. I'll try to keep my comments related to the
legal issues that I think are -- revolve around this park.
I've lived in Naples all my waking moments. I've
fished, canoed, dove in the lake. I applaud the county commission's
decision to purchase this property for a park; so do my clients. The
-- the issue here is whether or not we need to spend $2 million to
make a primary purpose for a ski show instead of a park. And my
clients feel that the -- the ski show and the Skimmers' lease entitles
them to dominate the park and to use it over and above any average use
that the county might have, making this a county-funded ski show
instead of a county-funded park.
I was not aware of -- of the lease until just a couple
days ago. I read it, and it's -- it's a very intensive lease. It
entitles the Skimmers to do, basically, whatever they want to. And if
we're going to have a lease like this, I think it's incumbent on -- on
the commissioners as a whole to ensure that the public understands
this.
And the problems that my client have are related to
notice. They're also related to bidding. The office of the attorney
general stated when asked in 88-34, is the county required to use a
competitive bidding procedure to lease county-owned property, the
answer to that question is, it has been judicially determined that a
county is required to competitively bid leases of property which it
owns. This -- this has been a judicial interpretation of Statutes
125.35 and 125.38. It's my understanding that we're relying on 125.38
today. The courts have decided that even though 135 -- even though
125.38 does not have a competitive bidding provision, that it should
be implied in 125.35.
The case law cited here -- I'll cite Rolling Oaks
Homeowners' Association versus Dade county; Outdoor Media of
Pensacola, Inc., versus Santa Rosa County; Randall Industries
(phonetic) versus Lee County. Randall Industries versus Lee County is
interesting because it's a Second District case. In that case the --
the airport authority rented space within the airport authority to a
taxicab, and it gave an exclusive -- basically exclusive use. And --
and there was a statute that provided -- that allowed the county
commission to do that. And the court interpreted that statute to say,
yes, you can do it; yes, you can do it without notice, but it's still
-- the bidding requirement still applies. And in 1988 that's what
the office of the attorney general said as well. So in this
particular situation, we've got a lease that's been -- that we've
already -- or that we're attempting to engage in today without any
competitive bidding involved.
The second requirement is a notice, one every -- two
notices, one each week before the hearing to allow the public to come
in to talk about an issue that is of great public importance. If we
spent $3 million on a park, I think it is. Statute 125.38 gets around
that if this board finds that this property is not needed for any
other county purpose. This park was funded by impact fees, regional
park impact fees. Regional park impact fees can only be spent on
something that has a specific county purpose, and that specific county
purpose is a regional park; and that's got to be the primary use.
If that's the primary use, then this park is needed for
other county purposes and, therefore, a notice needed to be given.
The notice was not given. My clients' primary concern is that notice
is given and that the rest of county can come in and have the
opportunity to speak to this issue.
COHMISSIONER CONSTANTINE: Mr. Ferguson, you've been
appearing before the board for years. How many times have you seen 55
speakers sign up for an item?
MR. FERGUSON: I can't say that I ever have.
COHMISSIONER CONSTANTINE: I -- I think adequate notice
is probably out there.
MR. FERGUSON: Well, that's a legal determination that I
would hope that you can make or the courts could make. I'm just
representing my clients.
The -- the issue is, is the primary purpose for the
Skimmers, or is the primary purpose for the public park? And that's
the determination you have to make. If you go under Chapter 125.38
today, you're going to have to make the determination that this -- the
primary purpose is for the Skimmers, that that's what you want to do
here. And the only way that -- I mean, that's how -- what you'd have
to say, is say that there is no other purpose that this -- this park
is required for.
The issue here really is, the case law comes down and it
splits. The case -- the case law allows you to do this as incidental
use versus primary use. In all the other cases that provide for it,
it's an incidental use. In this case it's a primary use, and you need
better notice. Thank you.
CHAIRMAN HANCOCK: At the conclusion of public speakers,
Mr. Weigel, I'll ask for -- I know that you have responded to
Mr. Ferguson in the past, I believe, on these issues or at least
discussed them with him. So at the conclusion of public speakers,
would you be so kind to address the issues of notice and bidding? MR. WEIGEL: Certainly.
CHAIRMAN HANCOCK: Thank you. Next speaker,
Mr. Dotrill.
MR. DORRILL: Mr. Kohler, and then following this
gentleman I have Rae Flontek, F-l-o-n-t-e-k.
MR. KOHLER: My name is Bob Kohler, Outer Drive. During
last Friday's Park and Recreation Advisory Board Meeting, Mr. Zaks
reported sound decibel tests revealed the sound level of the Gulf
Coast Skimmers ski show would be no worse than listening to your
neighbor cut his lawn. The ski show lasts approximately one hour and
ten minutes each week. I'm sure no one on the board would mind
listening to their neighbor cut their grass for one hour a week.
However, the Gulf Coast Skimmers plan on having practice
sessions Monday through Friday after school until sundown, all day
Saturday, all day Sunday concluding with a show. If there is anyone
on the board who would put up with his neighbor cutting his grass
during that time period, please raise your hand. The point is here
boat traffic is disturbing the ambiance and the serenity of the homes
surrounding Lake Avalon.
One of the recommendations of the Parks and Recreation
Advisory Board was a possibility of cutting back the amount of
practice time that the Gulf Coast Skimmers use Lake Avalon. I have a
couple of alternative possibilities. Bay View Park is less than two
miles from Lake Avalon. The county has slated bike paths from Avalon
to Bay View Park. There are numerous mangrove islands south of Bay
View Park that are sheltered from boat traffic and could be used as a
-- a suitable practice area.
Before going to the second possibility, I would like to
bring this to the board's attention: Of the seven or so boats, Jet
Skis, being used on Lake Avalon, five are very environmentally
unfriendly. They're known as two-stroke engines. They burn a mixture
of gasoline and oil combined, and I -- might I add, they -- they don't
burn all the oil they consume. The -- the average mixture of a
two-stroke motor is 50 to 1 or 1 quart of oil per 12 gallons of gas.
The exhaust on these engines are dumped directly into the water. If
someone can tell me how much gasoline is being consumed over there, I
can tell you how much oil is being dumped into our lake. I can't --
unfortunately, I can't tell you what kind of prolonged environmental
effect this will have on our lake.
This is why before signing the renewal of the Gulf Coast
Skimmers' contract, you must ban the use of two-stroke engines on this
little lake. The original boat approved to be used on Lake Avalon is
an extremely friendly unit that does not mix gasoline with oil. It
burns a clean mixture of gasoline known as -- known as a four-stroke
engine. Its exhaust is expelled above the water line into the air.
The two-stroke exhaust is expelled down into the water along with the
oil.
Currently -- however, this particular ski unit sounds
very similar to an automobile with a faulty exhaust system or possibly
no muffler at all. Currently, there are after-market muffler systems
available for these boats that would make virt -- make it virtually as
quiet as your Lincoln Continental or your Cadillac. By installing
after-market exhaust systems on these environmentally-friendly boats,
I don't see any reason why the Gulf Coast Skimmers couldn't use the
lake five days a week for practice, all day Saturday, all day Sunday,
without disturbing the ambiance of the neighborhood or endangering the
environment of Lake Avalon.
The third possibility, the board can do nothing at all
and leave things just as they are. This would be a direct message to
the taxpayers of Collier County that the Board of Commissioners does
not care about the environmental pollution of Lake Avalon, nor the
ambiance or serenity of the surrounding neighborhood, nor the
resulting decline of property values directly related to the noise
pollution of the Gulf Coast Skimmers. Thank you. MR. DORRILL: Mr. Flontek or Ms. Flontek.
CHAIRMAN HANCOCK: Excuse me just a second. For the
purpose of -- the court reporter needs a break every so often; so what
I'd like to do is take a five-minute recess to give you some -- some
hand-relaxation time. We'll reconvene in five minutes.
(A short break was held.)
CHAIRMAN HANCOCK: Ladies and gentlemen, I'd like to
reconvene the meeting. Would everyone please have a seat. Ladies and
gentlemen, we're going to reconvene the meeting. Would everyone
please have a seat. In the absence of Mr. Dotrill, Mr. Weigel, can
you call the speaker that was on deck when we went to break, please.
MR. WEIGEL: On the top of the line here, if not called
before the break, is Rae Flontek.
CHAIRMAN HANCOCK: Excuse me, Mr. Perkins.
COMMISSIONER MAC'KIE: Hush.
CHAIRMAN HANCOCK: I'm sorry. That name was?
MR. WEIGEL: The name is Rae Flontek followed by Candy
Morgan.
MS. FLONTEK: Lake Avalon was a beautiful --
CHAIRMAN HANCOCK: I'm sorry, ma'am -- ma'am.
MS. FLONTEK: I'm sorry.
CHAIRMAN HANCOCK: Can I have your name for the record,
please?
MS. FLONTEK: Yes, Rae Flontek.
CHAIRMAN HANCOCK: Thank you. Please proceed.
MS. FLONTEK: Lake Avalon was a beautiful wildlife
refuge when I bought my house on Guilford Road, and over the years
I've come to really love the lake. I've exercised daily around the
lake in the past 4 1/2 years, and I've observed the abundant wildlife
with awe, particularly with the surrounding areas so busy with human
activity. At first I was delighted that it was going to be a park,
because to me that signified a place where the wildlife would be safe
from the modern age and where young and old could enjoy the peace and
quiet of a few acres away from the hustle and bustle of the modern
world and particularly to be able to sit and enjoy the birds and
animals in the park.
Well, my expectations of a quiet, peaceful, beautiful
park have been dashed already by the activities that have taken place
of late. All the construction work done hastily because of the
fireworks display have killed many animals including numerous gopher
turtles and box turtles I used to see every day on my walks.
Now to the future disasters of Lake Avalon. The 30
acres of lake plus over 2 acres of land given to the Gulf Coast
Skimmers are adjacent to the nature preserve. According to the
Skimmers' agenda, their goal is to have daily practice sessions from
3:30 to dusk from Monday to Friday and from 9 a.m. to dusk on
Saturdays and Sundays, which would include the weekly show. This will
be no small water skiing operation in the very near future as it has
been in the past. Once the boathouse is built and their equipment on
site, the powerboats and Jet Skis will be on the lake at all times,
even during school hours if a member is only able to use the
facilities during those hours. There is nothing on the lease
agreement to prevent a member from using the lake between dawn and
dusk seven days a week.
Mr. Olliff stated last Friday that it would only sound
like a lawn mower running in the neighbor's yard when the boats were
running according to the sound test they had done. Is there anyone in
this room who would enjoy listening to a lawn mower running from dawn
to dusk daily? This is not conducive to a quiet, peaceful park where
everyone would be able to sit and enjoy the peace and tranquility.
Who would want to swim in the lake -- which, by the way, is for only
three months of the year -- fish off the piers -- that's if there will
be any fish left after the Jet Skis and speed boats and, perhaps, a
septic tank have polluted the lake -- leisurely use the paddle boats
or sit and enjoy the surroundings with all the noise constantly
disturbing the peace?
The prime piece of lake given to the Skimmers is part of
the nature preserve. The otters will be gone. There will be no
nesting water birds. The bald eagle I see daily in the park will be
gone, plus many wild animals will desert the park as the foxes, which
were regularly seen in our yards, have also disappeared. So much for
a nature preserve.
If these plans are passed, then the beautiful, peaceful
area it has been for years will be gone and a scaled-down version of
Cypress Gardens will be in its place. I don't think that is what
Naples needs now or in the future, especially at the taxpayers'
expense. The park will very soon be known as the Gulf Coast Skimmers'
Park costing taxpayers over $2.1 million for the purchase and another
4 million, approximately, for the construction costs, plus hefty
yearly maintenance costs. All this expense just for the benefit of a
special interest group with many local dignitaries able to water ski
at the celebrity ski shows.
The concept of the outreach program to teach disadvantaged
children originally was a good idea, but does anyone realize that the
children from the kids in the hood can only water ski twice on Saturday
mornings? They cannot join the ski show unless they are able to do a
flying dock start and very few of them can. Only six children in the
ski program are not relatives of adult members, and not all of those
six children are from the kids in the hood. Even when they can join
the ski show, they have to pay a hundred dollars for membership fees,
plus forty dollars for insurance. How many disadvantaged families can
pay out that hundred and forty dollars?
All the remaining skiers in the show are adult members
and their children, who have to practice daily; therefore, the lake
has become extremely busy. There are many excellent nonprofit
organizations which would benefit immensely disadvantaged children who
could use the lake in harmony with the rest of Collier County
residents, the adjacent neighborhood, and the many vacationers who
wish to enjoy the whole surroundings without the constant roar of Jet
Skis and powerboats.
Please consider our many concerns seriously before
voting for the new plans for the park and the Skimmers' contract, as
this will impact everyone's quality of life enormously -- not least
the wildlife remaining -- for years to come. Thank you.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: I just need to correct one
thing. I -- I don't know what you may have said at the Parks and
Recreation, but what I heard Mr. Olliff say today was, a lawn mower is
approximately 70 decibels. What can be expected at the park when the
berm is installed is in the mid-40s. So I don't think anyone is
suggesting that you'd be listening to the same loudness as a lawn
mower every day. I wasn't at that meeting last week; so maybe
something different was said, but what I heard today was very clear.
And -- and so I've heard two speakers say that now, and I don't want
anyone to be misinformed and think that's how loud '-
MS. FLONTEK: Well, that was what was said at the
meeting.
COHMISSIONER CONSTANTINE: That's not what was said
today.
MS. FLONTEK: Okay. Well, I wrote this yesterday.
Okay. Thank you.
CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Ms. Morgan and then, Ms. Hack, if I could
have you stand by.
MS. MORGAN: Hi. I'm Candy Morgan. From everything
I've heard or read in the past five years, there seems to be an almost
universal dislike for Jet Skis by both boaters and people who live
near to where Jet Skis operate. I find it surprising that the Collier
County Commission condones their operation on such a small and
restricted area such as Lake Avalon.
The major concern people have regarding Jet Skis
involves the noise they make. Residents of Marco Island have been
fighting this for several years. Jet Skis which operate away from
residential areas and away from boat traffic seem to be the less
obtrusive. It's just too bad Lake Avalon happens to be in the middle
of a residential area. The lake itself is small and invites the
possibility of an accident because of the lack of open boating area.
I personally know of two deaths that have occurred in
the waters that surround Collier County. I have a neighbor who does
fiberglass work and makes his living repairing Jet Skis and boats that
have been damaged in collisions. I believe the general consensus is
you can get hurt very easily on Jet Skis, especially if you do not
have the proper knowledge of operation. A good -- a good example of
what happens with boats speed -- both speed boats and Jet Skis
occurred at Sea World and in Goodland with boats going out of control
by professionals causing injuries and fatality.
I was at the ski show this past Sunday, and I left
because I felt the boats were coming in too close to the grandstand
area. I would not want my family and friends to remember me as a
fatality of Lake Avalon. I think the county is inviting disaster by
allowing speed boats and Jet Skis on a small lake, and I hope the
county would reconsider the type of program that is now involved with
Lake Avalon. Thank you.
MR. DORRILL: Ms. Hack.
MS. HACK: Hello. I'm Miss Hack, and I am a -- I do
live on Guilford Road, but I'm here to read a statement by Daniel F.
Jackson, and I have copies if I could hand them out to you.
CHAIRMAN HANCOCK: Hand them to Mr. Weigel there to your
left, please.
MS. HACK: Should I wait until you get them?
CHAIRMAN HANCOCK: That's fine. Please proceed.
MS. HACK: Okay. Unfortunately, because of personal
health problems, I cannot be here in person to give my presentation.
Because I feel the issue of Lake Avalon is so important, I
respectfully request that my statement be read publicly into the
record.
I am Dr. Daniel F. Jackson, the property owner and a
part-time resident at 3323 Guilford Court, Naples, Florida, since
1977. I have had 45 years of academic and research work and a Ph.D.
degree in the area of water resources. I am a professional
limnologist. Limnology is the science of freshwater lakes and
waterways. I have written over a hundred publications and 15 books,
many of which related to water quality or pollution. So not to
further bore you but to give support to the rest of my statement, I
have appended a synopsis of my background.
On March 7, 1996, at the meeting of the Collier County
Planning and Zoning Commission, I endorsed a change in the PUD status
for Lake Avalon so it could become a multi-recreational resource.
Nothing had been said at the meeting that a 90-year lease agreement
had been made with an organization that has a self-interest in the
lake and had virtually complete authority to regulate the lake for
water skiing.
I suggested at the above meeting that there was a
possibility of toxic algae bloom, similar to the red tide, that may
occur in the lake. During my recent review of the red tide and
manatee deaths in Collier County for the U.S. Environmental Protection
Agency, Washington office, I came across data which I feel is of
importance in determining the best usages for Lake Avalon.
Lake Avalon is a small, borrow pit lake with no waterway
inlet and an outlet only during the heavy raining periods. Once a
pollutant enters the lake, it may remain for long periods of time.
This type of lake may be classified as a closed lake. Lake Avalon is
in contact with our drinking water aquifer. This means that there is
the possibility that what happens in Lake Avalon could affect our
drinking water. Fortunately, there is no septic tank effluent or
sewage that enters the lake.
One of my major responsibilities as Director of the
State of Florida Drinking Water Quality Research Center at Florida
International University was to direct an $890,000 study sponsored by
the U.S. Environmental Protection Agency to study cancer-causing
substances found in raw and treated drinking water.
A July 1995 report from the Davis Analytical
Laboratories, Sarasota, Florida, entitled Report for Lake Avalon
Sediment and Water Samples lists at least 15 organic substances in the
sediments in sufficient concentration to serve as precursors for
cancer-causing substances. These values are presently low and may
actually meet recreational usage now. The reason the values are low
now is because Lake Avalon has been virtually free of gasoline, oil,
power boat exhaust or chlorination since its formation. Hydrocarbon
combustion by-products or chlorine can produce cancer-promoting
products in humic water. How will the cancer values change with the
addition of large quantities of benzopyrene products added by water
skiing boats? It has long been known that benzopyrene from boat
exhausts under certain water conditions will produce cancer tumors.
Will this happen in Lake Avalon? The conditions seem right, but
unfortunately, only time will tell, and then it will be too late.
Shall we let the children take the risks?
Lake Avalon is a jewel of a resource, very
highly-developed urban county areas in the United States have the
opportunity as does Collier County in developing Lake Avalon. The
lake could be of great value and provide much pleasure to all Collier
County residents and especially to those near it that lack the
opportunity to enjoy the multiple uses of a freshwater environment.
Recommendation. It is my professional opinion that
there should be no gasoline/oil powered boats permitted in any small,
closed lake associated with a drinking water aquifer. The thought
that my tax dollars are being used to pollute a lake and, perhaps,
even provide chemicals which may be cancer-causing frightens me. How
many taxpayers in Collier County are willing to do this?
I urge the Collier County Board of Commissioners to
modify the current lease with the Gulf Coast Skimmers and have the
operation of the lake completely under the protection of the Collier
County Parks and Recreation Department. Also all gasoline/oil
powerboats should be prohibited on Lake Avalon. Thank you, Daniel F.
Jackson.
CHAIRMAN HANCOCK: I understand this comment isn't
yours, and this isn't directed at you, but I sit here and so far the
last three speakers have blamed the Skimmers for killing turtles,
fish, people, contaminating drink water, and causing cancer. Folks,
we have 55 speakers. Let's stick to the pertinent issues of the
lease, and let's not throw scare tactics out there. The idea that the
Skimmers are going to cause cancer is a stretch beyond belief for me.
So, please, the time of everyone here in this room is valuable. Let's
stick to the issue of the lease and the -- the actual impacts that can
be measured.
This letter says that the drinking water aquifer is
connected to the lake. Nothing could be further from the truth, and
this from a Ph.D. So let's stick to the things we can do something
about and that are relevant, folks. Otherwise, we're just wasting
everyone's time.
MR. DORRILL: Mr. Kohler, Quentin Kohler.
VOICE: He waives his speaking time.
MR. DORRILL: All right. Mr. Stan, if you would,
please, sir; and then, Ms. Stan, you'll follow Mr. Stan.
MR. STAN: Yes. My name is Robb Stan. I had a document
prepared that I was going to present to the commission here, but
because of Mr. Hancock's last comment, I think I would rather just
talk to the press and not waste the time of the people here in this
meeting. Thank you.
CHAIRMAN HANCOCK: Next speaker, Mr. Dotrill.
MR. DORRILL: Okay. I believe it's this young lady.
She says her name's not Stan; her name's Miller.
MS. MILLER: It's Christy Miller, not Christy Stan. My
name is Christy Miller. I'm a suspended Gulf Coast Skimmer. I was
suspended in -- near April, May. My mother has sent many letters to
them asking why I was suspended, and they have not yet replied. And
speaking of a comment of Roxi Mathews, I was once a member of the
family, but then I was suspended; and no --
COMMISSIONER NORRIS: Miss Miller, excuse me. We're
talking about a lease here today, not your suspension.
MS. MILLER: I know.
COMMISSIONER NORRIS: Do you -- do you have anything to
tell us about the lease?
MS. MILLER: Yeah. Some of the Gulf Coast Skimmers,
part of it, they -- the kids have -- most of the kids are kids that
are just trying to find a fun thing to do like I was. I loved water
skiing because it was fun, and most of the kids are not troubled or in
gangs or anything. And I think that they should have more time out
there, but at the same time trying to help kids more often and, like,
have more kids that are needing help out there than kids that are just
trying to find fun, because they should be out there, too. But also
at the same time, they should re -- find something that wouldn't annoy
the neighbors and something fun for everybody to do. Thank you.
CHAIRMAN HANCOCK: Thank you, Miss Miller.
MR. DORRILL: Mr. Morgan, then, Ms. Mathews, if I could
have you stand by.
COMHISSIONER MAC'KIE: Tell them to come on deck.
CHAIRMAN HANCOCK: I'm sorry. Who was the second
speaker?
MR. DORRILL: Ms. Mathews, Suzi Mathews, if you'd stand
by.
MS. MATHEWS: I already spoke with my daughter.
CHAIRMAN HANCOCK: And, again, would the person who is
on deck, so to speak, go ahead and come up here so we can kind of move
through things a little bit quicker.
MR. DORRILL: Ms. Charland, you'll be next. Go ahead.
MR. MORGAN: Butch Morgan, Guilford Road Homeowners'
Association. All right. I'm going to give you a rundown of what's
happened up to this point with us, okay. On March 26, 1996, myself
and several other individuals from around the lake appeared before
this commission, all right. And the subject was the ordinance to
amend Lake Avalon PUD document, all right. At that meeting the
property owners from the surrounding community expressed their
concerns about the planning of the park, especially the Guilford Road
property on the north side, because we have absolutely -- we're --
absolutely border the park. And there's a very small strip of land
between us and the actual water, okay. And -- and we expressed our
concern particularly because of this lease, okay. Because it allows a
seven-days-a-week, sunup-to-sundown ski club operation, all right.
In response to our concerns, this commission responded
by Mr. Norris saying, quote, get the people together, have a
homeowners' association, hold your meetings, bring it to us, let us
know, because the last thing we want to do is interfere with your
neighborhood. We want you to do whatever -- we want to do whatever we
can to try to protect your neighborhood and all the neighborhoods
around it. Now's a very good time to be doing that because we don't
have a final plan.
Same meeting Commissioner Mac'Kie says we want you to be
in the loop, okay. All right. She also said that our staff will work
with you. They were directed to work with us, okay, even without us
asking, all right.
Commissioner Constantine stated to Mr. Olliff, as they
assemble their homeowners' group, I assume you'll communicate with
Mr. Morgan or with someone. Mr. Olliff stated, the other thing I'd
offer in this park design -- in -- in park designs in the past, we've
had certain stages through the design process, held public meetings,
and let the public come in and see as we develop so that we're getting
their consensus as we're putting the design together; and that's what
I would do, all right. We do this -- we do this -- we should do this
for this particular park, because it's a large project.
Well, with all your good intentions and all the
cooperation that you said that we would have, it never became a
reality, okay. Don't think for one minute that we didn't try to get
involved in this planning operation, okay, all right. And,
Mr. Norris, we did not only establish our homeowners' group, but we
got with the -- with the -- the Outer Drive homeowners' group
association, okay. We had meetings together, all right. We kept in
touch. We put out flyers about any possible meeting that we could
attend. Unfortunately, phone call after phone call to the various
departments in this county and people, all right, alls we got was
bureaucracy, okay, all right.
The first time that we knew of a revised plan was at the
Parks and Recreation Advisory Board Meeting on October 23, 1996. This
was also the first time the advisory board knew of any changes in the
site, all right. At that meeting, at that advisory board, members
expressed their concern about the planning change and that they had
not been advised or consulted, all right. And from their October
minutes, Mr. Blackford stated that the Parks and Recreation Advisory
Board is feeling the same fjustrations (phonetic) that the community
is because the site plan's been changed without consulting the Parks
and Recreation Advisory Board, all right. If your advisory board
can't get informed from your staff, how do you expect the -- the
ordinary property owners and taxpayers to be advised, all right?
Okay, then came Mr. Olliff's memorandum directing the Parks and
Recreation Board not to discuss any lease issues and telling the Parks
and Recreation Advisory Board that no lease issues will be placed on
their agenda.
Now, I don't understand how a lease that encompasses a
sunup-to-sundown operation time, that has unlimited access to half the
water provided in this park, and the amount of land space being used
for parking for their operation, can possibly be ignored by the Parks
and Recreation Advisory Board in the development and the planning of
this park, okay.
What I tried to map out here for you today is that we've
never had any real cooperation on the important issues in the planning
here, okay. Once the plan was presented, we were given no options,
all right. We had but one community meeting and that -- and that was
with rec -- the Parks and Recreation and Capital Projects after the
plan was presented, all right. Even the other concerns that we
expressed to them was treated with the same attitude that we'd
received throughout this whole process, all right. We believe -- we
in the neighborhood believe in youth programs, and this park should
offer -- but it should offer more.
I only have one other thing to say to prove my point.
Mr. Olliff, wasn't there something that you left out from a
recommendation from the advisory board about giving us some relief to
this lease? You -- you never brought it up.
MR. OLLIFF: I will.
MR. MORGAN: Thank you. This could be worked out.
MR. DORRILL: Ms. Hathews.
MS. HATHEWS: I already spoke with my daughter.
MR. DORRILL: Okay. Mr. Chairman, there -- apparently
there are some duplicates here. So if I've -- if the people have
already spoke, I don't -- someone or people filled out multiple ones;
so bear with me. Ms. Charland, Annette Charland, C-h-a-r -- MS. CHARLAND: I give my support to the Gulf Coast
Skimmers.
MR. DORRILL: Mr. Owens and then, Mr. Reinertsen, David,
if I could have you stand by. Good morning.
MR. OWENS: Good morning. I'd just like to say that as
a East Naples business owner, the Gulf Coast Skimmers have provided a
lot of improved impetus in and around the -- the Lake Avalon area over
the last four or five years. I think that by continuing the positive
direction that the lease is providing, it will enhance their program
and will allow them to continue to do the -- the good that they have
been doing and continue to improve the area, which, of course,
involves the residents on both prop -- sides of the lake.
The Gulf Coast Skimmers -- I know firsthand, they have
always taken great concern in being a good neighbor to the surrounding
area. It's oftentimes talked about in our meetings that we take
concern to the noise levels at the lake during practice and during the
shows and have done additional things to enhance the neighborhood such
as picking up trash along the roadways as a volunteer gesture of
goodwill to the neighborhood. Thank you.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: Mr. Owens.
CHAIRMAN HANCOCK: Mr. Owens, excuse me. Commissioner
Constantine has a question.
COHMISSIONER CONSTANTINE: How long have you skied with
the Skimmers or worked with the Skimmers? MR. OWENS: About four years.
COHMISSIONER CONSTANTINE: How long -- of that, how long
have you been spending time out at Lake Avalon? MR. OWENS: How long?
COHMISSIONER CONSTANTINE: Of the four years, how -- how
much of that have you -- did you operate somewhere else prior to that,
or --
MR. OWENS: Oh, no.
COMMISSIONER CONSTANTINE: Okay. Thank you.
MR. DORRILL: Mr. Reinertsen and then, Cheryl
Reinertsen, you'll follow, please.
MR. DAVID REINERTSEN: Hi. My name is Dave Reinertsen,
and I've been a member of the Skimmers for about only six months. I
met the Skimmers through John Gursoy. I rigged the new ski boats.
I'm a marine mechanic. I've lived in Collier County 40 years, my
whole life. I grew up about a mile from Lake Avalon. I -- I don't
understand some of the concerns about the pollution or why they're
coming up all of sudden right now, because as a youth and an adult,
what I saw of Lake Avalon my whole life is it was used as a -- a dump
for the neighborhood. There was old cars, washing machines, you know,
batteries, everything that pollutes.
Now, the motors on the boats -- I've said I rigged the
new motors on the boats. They've got motors from Mercury Marine which
are the newest, state-of-the-art motors, and they're very -- they're
the cleanest engines that are built right now as far as pollution
goes. Now, Mercury is leasing them the motors, and every year they
get new motors; so they're always kept up. Everything there is kept
in tip-top shape.
I'm a -- a Mercury mechanic for 25 years, and that's one
of the reasons I'm there, to help maintain the boats, make sure
they're -- everything is -- you know, safely as possible. I'm a --
I'm a driver of one of the boats, and our main concern is safety
because, you know, none of us do this for any money; we're just
volunteers. And it's -- it's -- that's why I like to be there every
week, because I can watch the boats, make sure they're -- they're --
everything is taken care of.
Now, the -- like I say, the Skimmers are going to get
new motors every year. The motors we're getting next year are called
DFIs. They're two-stroke engines, but the EPA has set standards for
outboards for the year 2005, and Mercury has come out with this
engine. It's just being released this year, and it already meets
those standards. Now, we don't have those motors right now, but we'll
have them as soon as they're released, which is probably within a
year.
So, you know, that's all I'd like to say as far as --
you know, the lake is just a completely different thing right now.
It's -- it's cleaned up, the -- the kids have learned the
responsibility in cleaning the lake, and -- and you know, I see no --
their concerns, I think, are just a little bit, you know,
exaggerated. Thank you very much.
MR. DORRILL: Cheryl Reinertsen.
MS. CHERYL REINERTSEN: I'm here in support of the Gulf
Coast Skimmers.
MR. DORRILL: Sarah Reinertsen.
MS. SARAH REINERTSEN: I'm here in support of the Gulf
Coast Skimmers.
MR. DORRILL: Norman Reinertsen. We're on a roll,
Norman.
(Laughter)
MR. NORMAN REINERTSEN: My name is Norman Reinertsen,
and I've lived here in Naples with my family just about 40 years and
have been in a lot of public work. I worked for the city for 30
years, and I'd like to support the Gulf Coast Skimmers. And like
David said, it -- it was not a very clean lake when they started out
there, and they have fixed it up pretty well. And I don't think the
noise is too bad. I go to the shows and really enjoy it, and I think
that we need to support them. That's about all I have to say. Thank
you very much.
CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Lynne Reinertsen and, Heghan Sams, you'll
follow this lady.
MS. LYNNE REINERTSEN: Hi. I'm Lynne Reinertsen. I am,
of course, David's mother. But I want to say I've been here, of
course, 40 years too. I brought my children up here, three of them,
and you know, there was never anything really for these children to
do; and now I think it's a wonderful thing that our youth has
something to do, to look forward to, to learn sportsmanship. And, you
know, I agree we need the birds, and we need the animals and
everything; and I know that our children are concerned, too, about
this. But, you know, our youth is important too. I think they're
very important.
As far as noise, I live on waterfront. I've been there
30 years. The boats go up and down. They don't bother me. This is
part of Florida living. You've got to learn to accept where you're
living. If you're living in a boat -- place where boats are used so
much, this is it. And I know we don't want pollution, but I'm sure
David has been well trained, and he will see and so will -- John
Gutsoy will see that they -- they will not pollute the lake.
I am very much for this. I think that we need something
like this for our youth. Rather than see them get in trouble, let
them be out there and learn sportsmanship and to serve the community
too. I don't know much about leasing, but I do know this much, that
we do need this; and I hope that you will vote for it. Thank you. MR. DORRILL: Ms. Sams.
CHAIRMAN HANCOCK: Hiss Sams indicated support for the
Skimmers.
MR DORRILL: Mr. Lott, Benjamin Lott.
MR LOTT: No.
MR DORRILL: Ms. Gursoy.
MS GURSOY: I'm just here to support.
MR DORRILL: Ms. Taylor.
MS TAYLOR: I'm just here to support.
MR DORRILL: Mr. Hagnan.
MR HAGNAN: I'm here to support the Gulf Coast
Skimmers.
MR. DORRILL: Mr. Toolan.
MR. TOOLAN: I'm just here to support the Gulf Coast
Skimmers.
MR. DORRILL: Ms. Holbrook.
MS. HOLBROOK: Just support.
MR. DORRILL: Mr. Street.
MR. STREET: I'll speak.
(Laughter)
CHAIRMAN HANCOCK: Somehow we knew that was coming.
MR. STREET: I would like to welcome Barbara Berry to
the county commission. I've never spoken before you before.
COHMISSIONER NORRIS: What's his name?
MR. STREET: And --
CHAIRMAN HANCOCK: Excuse me. Your name, please.
MR. STREET: Oh, Jeff Street for the record.
CHAIRMAN HANCOCK: Thank you.
MR. STREET: Basically, we're dealing with fear here,
and fear is usually of the unknown. However, the Gulf Coast Skimmers
do have a history of maintaining harmony with their neighbors. For
one thing, I would like to say when the -- when we were first looking
for money for the building and for the amphitheater, John Gutsoy and
the Gulf Coast Skimmers made it a priority to have a stadium of this
type. Now, that required raising about $500,000 instead of 300,000,
because our building is probably going to cost about 300,000. Why not
be selfish and say, we're just going to build our building first, and
that's our priority, and we are going to have aluminum bleachers. But
instead, with John Gursoy's direction, we decided to have this type of
a -- a berm stadium to relieve our neighbors and to make it a
world-class amenity.
Also, you notice that there's been some people -- I have
a loud voice, but there's a lot of people here today that have very
quiet voices, but you notice that even the people in the back of the
room -- I've been all over this room -- can hear very well when people
are speaking. And the reason why is because we have a lot of little
speakers in the ceiling of this room, and this is the way that our
stadium is going to be constructed. We are going to have a lot of
little speakers all over the stadium, and right now we have four large
speakers that -- well, if you're sitting close to the speaker, it's
just too loud; and if you're sitting far away from the speaker, you
cannot hear it very well. So -- but even with that and the aluminum
bleachers, right now we are well within noise ordinances; and we will,
of course, be even quieter.
And the other thing, our boats -- actually, our crowd
has commented several times that our boats make more noise by the
water rushing past the boat than the motors themselves. I would also
like to say that in this article from the Naples -- front page of the
Naples Daily News several years ago when we were first buying the lake
-- a few -- a couple years ago. But anyhow, the conservancy sent
outreach coordinator Sue Nichols-Lucy to convey its support for the
project. So if the conservancy supports the Gulf Coast Skimmers,
we're certainly not going to be out there to pollute. Thank you very
much.
MR. DORRILL: Mr. Hernandez.
MR. HERNANDEZ: I'm in full support of the Gulf Coast
Skimmers.
MR. DORRILL: Mr. Charles.
CHAIRMAN HANCOCK: Is Mr. Charles here? Indicated
support for the Skimmers.
MR. DORRILL: Mr. Beatty.
MS. BEATTY: I just support the Gulf Coast Skimmers.
MR. DORRILL: Are you Dave Beatty?
MS. BEATTY: No, Debbie.
CHAIRMAN HANCOCK: Dave Beatty, are you here?
MR. DORRILL: Dave Gursoy.
HALE VOICE: Hold on a second. He's out in the hall.
MR. DORRILL: Ms. Hansel.
MS. HANSEL: Shall I go ahead?
MR. DORRILL: Yes, ma'am, go ahead. Mr. Gursoy, hang
on. You huddled up in the hall.
MS. HANSEL: Hi. My name is Louise Thaell Hansel, and
I'm the marketing director for the Golden Gate Chamber of Commerce. I
have a business called Gulf Coast Marketing, and I have just taken on
a new venture with Naples Trolley Tours.
In regards to our county government and the lease with
the Gulf Coast Skimmers at Lake Avalon, we all have the right to be
informed, and we all have the right to our opinion, and thatws what
makes it such a wonderful venture. All the people that are here today
have had the right to become involved, and I -- and I personally think
itws wonderful that everybody is.
Iwve been a resident of Naples for over 30 years, and
without going into a lot of personal issues about it, Lake Avalon used
to formerly be known as the McCormick (phonetic) pit. And as a
teenager I used to go out there and spend some time hanging out,
getting into a lot of -- well, actually, it was the place to get --
not even get in trouble, because nobody knew where we were. Over the
years --
CHAIRMAN HANCOCK: You may not want to go into all of
those details.
(Laughter)
MS. HANSEL: Yeah. No, Iwm not -- Iwm not going into
any of them, actually. But I just want to say that Iwm -- Iwm in
support of the Gulf Coast Skimmers and the lease as it is. I think
that we can all work very closely with our neighbors, as everybody
else has said; and letws just get on with it and get it resolved,
because we have a lot of other issues ahead of us. Thank you.
MR. DORRILL: Mr. Gutsoy, then somebody get John Gutsoy
out of the hall for me and get him ready to go next. Good morning.
MR. DAVID GURSOY: Good morning. Iwm Dave Gutsoy. Iwve
been a resident of Collier County for 20 years now. Iwve been a
member of the Gulf Coast Skimmers for the last several years. You
know, oftentimes in this community I see in the newspapers, on TV, on
the radio, concerns about the children, the activities that theywre
involved in. Wewve seen articles in the Naples Daily News regarding
mall rats and the concerns about kids just hanging out at the mall
with nothing to do. Wewve seen concerns about skate boarders and
in-line skaters going up and down Fifth Avenue and in parking lots
where theywre not desired. Fortunately, therews been an addition to
Fleischmann Park recently to help out those type of children.
Wewre also, unfortunately, for the first time in the 20
years Iwve been a resident of Collier County, seeing gang issues. And
this isnwt Miami or New York or Chicago or a big metropolitan area
where you would typically see those type issues, but we are now seeing
those issues today. The Gulf Coast Skimmersw program is here to deal
with those issues, and I just want to put in perspective why this
lease is so important to this community. This organization is
reaching out to the community to work with these type of children.
Specifically, wewre open to any child through our application process,
but we out reach, specifically, to these at -- at-risk-type of
children and try and work with them.
The Gulf Coast Skimmers are making a difference in this
community. Itws all volunteer. Thousands upon thousands of hours are
volunteered. No one is receiving any compensation, and it is exactly
the type organization that we hear the community cry out for to work
with these type of children. We look forward to continuing to work in
this community. We look forward to working with the county, having a
harmonious relationship with the county as well as the neighbors of
the Avalon Park area -- or the new Sugden Regional Park area; and
approval of this lease is another step in the right direction of
reaching out to these kids. Thank you for your consideration.
MR. DORRILL: John Gutsoy, and then Ms. Langevin,
L-a-n-g-e-v-i-n.
MR. JOHN GURSOY: John Gutsoy, president and founder of
the Gulf Coast Skimmers for the record. In front of you I had an
opportunity to place our credo that I had authored in 1992, and that
credo is a living, lasting legacy; so when you see the principals that
are up here speaking today, when they're gone someday, that the
organization will still mirror and reflect what it has been always
from the beginning, many, many years on into the future for Collier
County.
And as you see in there, I've highlighted -- it says as
part of our credo -- which has always been a part of the credo; it's
never been an addition -- it says in addition, maintaining harmony
with our immediate neighbors will be a top priority. From my
experiences as founding Michigan State University's Water Ski Team and
operating on a river that had to be shared by the public and running
the Skimmers Water Ski Show in northern Wisconsin that was also in a
public scenario and dealing with many lake associations up in northern
Wisconsin where the waters had to be shared, it is from those
experiences that I wrote that credo that will carry on and live within
the organization.
We've been skiing out there for over 16 years, and to
this point we've never had a complaint, three years, performing
shows. We've been a good neighbor, obviously, to organizations beyond
just -- beyond the kids in the neighborhood. As you all know, we're
serving -- helping the Red Cross and pass the proceeds on to them,
Special Olympics and helping them in their time of needs and many
others.
But just really quickly, to jump down to some of the
things that I had heard, toxic algae blooms, concerns about that.
Myself and other parties in the water, people in the community, have
been in that water for over 25 years, and we've been okay.
Jet Skis, that, again, is manufacturer's name by
Kawasaki. Jet Skis are not what are being used out there. These are
personal watercraft boats governed by the United States Coast Guard.
We are sponsored by Yamaha under the government relations program,
which means these are two units that have been put in place to be
shown -- to be viewed by the public being used in a civilized manner
unlike that -- maybe some of the activities we see out in the
intercoastal waterway; and that is what the Gulf Coast Skimmers have
been commissioned to do by the Yamaha Motor Corporation. And in
addition, the benefit the county receives from that is your park
rangers and sheriff's department will be able to utilize those
watercraft through this government relations program for patrolling
Lake Avalon and the surfaces of the water.
So -- and, again, there was some comments and concerns
about how close the boats pass and it -- it feared one of the
residents that they felt so compelled to leave. The standards in
which our boats operate and pass is all governed by the American Water
Ski Association, which is our governing body in which there's over 400
water ski shows like ours being conducted around the country in
national competition and are insured and indemnified.
So with that, I -- you know me and what we've produced
out there, and I'll let our record stand. Thank you very much for
your support and the great years out there and the many years ahead.
MR. DORRILL: Ms. Langevin.
MR. LANGEVIN: I'm here in full support of the Gulf
Coast Skimmers.
MR. DORRILL: Mr. Zalewik (phonetic).
MR. ZALEZNIK: Zaleznik. I'm here in support of the
Gulf Coast Skimmers.
MR. DORRILL: Ms. Langbauer. Mr. Langbauer, you'll
follow this lady.
MS. LANGBAUER: My name is Barbara Langbauer. I haven't
lived here for 20 or 30 or 40 years. I've lived here for 18 months.
I'd like to say that all children are at-risk children. My youngest
son is involved in the Gulf Coast Skimmers. He is not a football
player, a baseball player, a wrestler. Those are not areas that he
was able to be involved in. I appreciate the support of the Gulf
Coast Skimmers in embracing him and helping him to adjust to his new
home.
And I would like to say that all teams need practice,
and all teams need time in order to learn and to grow; and by limiting
the amount of time that the children are permitted to practice, we are
limiting the -- their ability to grow and to pursue their interests.
I would like to encourage that we can have our peaceful walking paths,
running paths, paddle boat areas and that we can coexist in harmony on
this lake. Thank you.
MR. DORRILL: Mr. Langbauer then Mrs. Gursoy.
MR. LANGBAUER: I'm Bob Langbauer. That was my wife,
Barbara. Gabe, our youngest son has really blossomed through the Gulf
Coast Skimmers. He was a boy, and he's become a man because of the
work and the Gulf Coast Skimmers. So I think they're a super group.
I was really concerned by the newspaper articles I saw
that raised questions about the county's leasing of the property. It
sounded as if the county was in collusion with Gulf Coast Skimmers or
something inappropriate had taken place. I made lots of telephone
calls, and I found none of those things to be true, but I'm still
concerned that they took place and that they were written.
I'm sympathetic to people in this beautiful part of the
country who have neighbors move in and build homes on vacant lots or
establish parks in what was once a private lake, but I'm sympathetic.
I think this park is a great undertaking and it's well run and will be
well designated. I'd encourage the county commissioners not to
compromise on their goals for the park. MR. DORRILL: Mrs. Gursoy.
MR. LANGBAUER: Or their water skiing hours.
MRS. GURSOY: I'm here to represent the Gulf Coast
Skimmers and give support.
MR. DORRILL: Ms. -- I believe it's Rleem, R-i, double
e, m.
MS. RLEEH: I'm just here to support.
MR. DORRILL: Ms. Henderson.
MS. HENDERSON: I'm here to support the Gulf Coast
Skimmers.
MR. DORRILL: Mr. Stude.
MR. STUDE: I can't just stay back here. Tim would be
disappointed.
CHAIRMAN HANCOCK: It would just ruin our day, Joe, if
you didn't say something.
MR. STUDE: Good morning, Commissioners and citizens.
I'm president of the King's Lake Homeowners' Association, plus that
I'm connected with many other organizations, but right now I just want
to talk for all the children and the families in Collier County. We
want to thank you, thank you for giving us Sugden Park, the Gulf Coast
Swimmers (sic), and for all you've done for us and everything you've
given us up to this point.
But I would ask that -- Tom laid it out so well -- you
sign a contract, give the lease to the Gulf Coast Swimmers --
Skimmers. There's absolutely nothing wrong with it. And all I want
to do is wish you a very happy 1997 and offer you a slogan as you
dwell with all the subjects that come before you: It takes guts to
leave the ruts. Thank you, and I'm in support of everything. MR. DORRILL: Miss Skrzynski.
MS. SKRZYNSKI: I'm here in support of the Gulf Coast
Skimmers.
MR. DORRILL: Ms. Bravo.
MS. BRAVO: I'm here in support of the Gulf Coast
Skimmers.
MR. DORRILL: We have another Skrzynski.
MS. SKRZYNSKI: I'm here in support of the Gulf Coast
Skimmers.
MR. DORRILL: Miss Schreiner. Mr. Tyska, you'll follow
this lady.
MS. SCHREINER: Hi. My name is Janie Schreiner, and
I've been a member of the Skimmers for the past few years, not only
myself, my husband and my daughter. My husband's one of the boat
drivers and does some administration work, and myself, I do most of
the costuming.
And I heard -- a couple of comments that I'd like to
comment on is that they -- someone mentioned that a lot of the
children out there belong to a lot of the -- the adult members of the
team, and that -- and that's true. One thing -- yeah, I'm very
concerned with my daughter, and I'm glad that we have a sport that we
can actually be a family together in. And I truly think that it's
very important for those children that we do have out there that maybe
don't have a mother and a father, don't have the family relationship
or that real close-knitness, that -- what we'd like to believe is a --
good family values and traditions. And I can only hope that my
husband, my daughter, and I can -- can show those less fortunate what
a family really can be and mean together. I don't treat my daughter
any differently out there than I treat any one of the other children
that are there.
CHAIRMAN HANCOCK: That's not true. You're harder on
her.
(Laughter)
MS. SCHREINER: She seems to think so. And there was
another comment that was also brought up that we have membership dues
of a hundred dollars, and we also have insurance dues of forty-five
dollars. That is true. But for those that are less fortunate, we
have scholarships, and we invite anyone that has any financial
difficulty and can't meet those, we welcome anyone to come and talk
with us; and we would be more than happy to scholarship them in as
well.
Something that my daughter, too, which -- which maybe --
you know, hopefully she's not as -- as, you know, in need as some of
these other children, and hopefully it's because we take such an
interest in where she's going and -- and the direction that she's
taking. What -- what really amazes me is that she truly appreciates
things a lot more now since we've been a member of the team. She
maybe appreciates the bicycle that she rides versus the bicycle that
she sees someone else ride in on that maybe only has one pedal, no
seat, and crooked wheels. So she now appreciates what she has.
But she just said to me the other day, she said, "Mom,
I'm just so surprised." One of the members was always so quiet and
such an introvert. She said, "He has just turned around, and he is
talking; he's helping out. He used to stand there and not do
anything." So my daughter, which was only 10 -- she just turned 11 --
for her to recognize some improvement on a child, I just -- it really
-- it showed me that she can see what it is that we're out there
doing. If we can do that more than once a week or two days a week, we
could -- we could reach so many more children than what we're reaching
right now.
And we do serve the community. We're not just there as
a ski team. If there's something else that we can do for the
community, we're the first ones to -- to jump in and say that, yes, we
will -- we will do that. If we can take one child that's on the road
to destruction and turn them around, isn't that worth it? If it was
your child, you'd say yes. Thank you.
MR. DORRILL: Mr. Tyska.
MR. TYSKA: I'm here in support of the Gulf Coast
Skimmers.
MR. DORRILL: Ms. Sizemore.
CHAIRMAN HANCOCK: Ms. Sizemore, are you here?
MR. DORRILL: Charlene?
CHAIRMAN HANCOCK: Okay. Next.
MR. DORRILL: Mr. Carlyle.
CHAIRMAN HANCOCK: And, Mr. Dotrill, how many speakers
do we have after Mr. Carlyle?
MR. DORRILL: Mr. Chairman, I'm going to say we have
about six to eight.
MR. CARLYLE: Hi. My name is Kent Carlyle. Besides a
registered landscape architect, I'm a Gulf Coast Skimmer. We develop
a lot of condominiums in this county, and I think if anybody that
opposes the Gulf Coast Skimmers looks at the alternative, they would
see that all we would have is more condominiums, which we have a lot
of in Collier County; and this is a really good opportunity. I think
condominiums pollute the water probably just as bad as our very
efficient outboards are going to. And it would have been forever, and
I think the outboards are going to get better and better. And I'm
just in support of the Gulf Coast Skimmers. Thank you.
MR. DORRILL: Ms. Beatty.
I support the Gulf Coast Skimmers.
Ms. Tyska.
I'm here in support of the Gulf Coast
MS. BEATTY:
MR. DORRILL:
MS. TYSKA:
Skimmers.
MR. DORRILL:
MR. TYSKA:
Mr. Tyska, Frank.
I'm here to wholeheartedly support the
efforts of the Gulf Coast Skimmers. MR. DORRILL: Ms. Garmon.
MS. GARHON: Hi. I live on Marco Island, and I want to
tell you that my credentials, my past work includes teaching 12, 13,
14, and 15 years olds --
CHAIRMAN HANCOCK: I'm sorry. Can we have your name for
the record, please?
MS. GARHON: Lisa Garmon.
CHAIRMAN HANCOCK: Thank you.
MS. GARHON: I thought he said that. -- for many
years. And I've led a youth group in my church for many years. So I
also am currently leading a group to control the uses of Jet Skis on
Marco Island.
With regard to this lease, I do support the Skimmers.
It sounds like a good program; it really does. But I ask that you
restrict them and the lease by using a modern, quietly muffled boat,
not Jet Skis, which are unnecessary to their program. I realize the
Yamaha Corporation wants to use this as -- as a, what, public
relations program they said? And when the Japanese people are using
personal watercraft all over the waters of Japan, then I will -- I
would pose -- put some credibility into -- into their, you know,
shipping them over here.
But I want to address the -- the noise. But one more --
one more thing too. If it's -- if it's possible to restrict the --
the -- a certain percentage of disadvantaged youngsters to be sure
that there are some disadvantaged youngsters in this program and that
there's scholarship money available for them, I think that's really
important.
I would restrict the practice times. This is way too
wide open. You know, a -- a couple of afternoons a week, two or three
afternoons a week. They don't have to be really proficient at this in
order to -- maybe they'll have less -- fewer performances. My son
plays a saxophone. When he practices less, he performs less, and
that's okay. I mean, he performs a solo once a year and does a
beautiful job. He takes a long time to practice because he doesn't
practice all the time. So there's -- you know, you can still perform;
you can still do stuff with -- with fewer hours, and I think that's
really important.
I want to address the noise, because I do know a lot
about Jet Ski noise. It's not the engine so much that's making the
irritating noise; it's the jet pump. As the Jet Ski bounces out of
the water, you hear this (sound indicated), and it can be very loud.
Even one is annoying.
COMMISSIONER CONSTANTINE: I'm sorry. What is it that
it does?
COMMISSIONER MAC'KIE: I want to see that on the record.
(Laughter)
MS. GARMON: The quality of the noise is even more
important than the actual decibel level. I can attest to the -- to
the noise from Jet Skis that irritate -- irritating the human nervous
system.
CHAIRMAN HANCOCK: I'm sorry. Ms. Garmon, you've made
your -- your point in front of this board regarding Jet Skis on Marco
Island before.
MS. GARHON: Yes.
CHAIRMAN HANCOCK: How many Gulf Coast Skimmer shows
have you attended?
MS. GARHON: I never have. In fact, I came here simply
to observe you.
CHAIRMAN HANCOCK: Okay. The reason I ask, Miss Garmon,
is --
(Applause)
MS. GARHON: I -- I'm not -- I'm not out --
CHAIRMAN HANCOCK: Miss Garmon. Miss Garmon, the reason
I ask is because the operation is very, very different. Although I
appreciate the sound effects, the operation is very, very different on
a lake with a ski show than it is off the beach in rough water so just
so you understand that.
MS. GARMON: Okay. I appreciate you letting me know
that, because I -- I haven't, but I've heard people talk about this
that live on lakes in the north, and they hate the noise. They find
it very irritating, and so I was going by that.
Okay. And -- and another point that I think is very
important as a teacher of young people, it is very important that we
teach our -- our young people to be respectful of others and
respectful of the environment, and teaching them that their rights end
at the tip of other peoples' ears is an important value. Tranquility
is an intrinsic value of the environment; it's a quality of the
environment. It's not just water quality, but it's what is in the
air. It's the whole essence of the environment. And when you change
that essence, you change the whole aesthetic experience.
I mean, I think that -- that it's possible for the Gulf
Coast Skimmers to exist and to do their good works. Maybe they will
be using more disadvantaged children and fewer skilled people in their
programs. It will take them longer to train and do shows; more
goodwill come of it. And you can use a quietly muffled boat. Normal
boats can be muffled. There can be -- there are many, many mufflers
that can be put on normal boats, four-stroke engines, that can make
them very, very quiet. And if you had a 200 horsepower modern boat,
it would be much quieter than a -- a -- I don't know what that is. Am
I too close?
CHAIRMAN HANCOCK: That means -- that means that the
five-minute time period has expired.
MS. GARMON: Okay. -- than -- than a boat from the old
days.
CHAIRMAN HANCOCK: Thank you.
MS. GARMON: Thank you very much for this opportunity to
speak.
CHAIRMAN HANCOCK: Mr. Dotrill.
MR. DORRILL: Mr. Fiala.
MR. FIALA: Mind if I say one thing real quick?
CHAIRMAN HANCOCK: Give your name for the record,
please.
(Laughter)
MR. FIALA: My name is Todd Fiala. I just wanted to
come up and say I've been a part of this organization for about 3 1/2
years. When I joined, I was one of the kids that they really wanted
to try to reach. I was -- I had the Ds and Fs in school. I was
doing, you know, the bad stuff. I won't get into all that.
(Somebody sneezed)
MR. FIALA: God bless you. Since I've joined I've --
they've really showed me, you know, the light. I've been going to
church weekly. It -- it's -- it's really been an honor for me. Now
I'm -- I'm the director of kids in the program. I'm the person that
gets the kids in there and teaches them about respect, credibility,
accountability, teaches them about the Lord. We pray with them after
the show -- after the practice. We pray before and after every show.
I'm sure that doesn't have anything to do with the leasing and
everything.
But I'm just trying to say without this organization, I
mean, you would have the Manor worse than it -- it is. I mean, you
just heard last week that they had gun shootings. I mean, we don't
need that. I mean, the -- when I was in this town a long time ago, we
didn't have any of that stuff. Now we have it. Now we need an
organization that can really help out the kids, get them in there from
seven, you know, get them in there when they need it, you know, and
really show them what's right, show them the light, show them --
really show them the Lord and show them the new way. Without this
organization I don't know where I would be now, and many of the kids
that I've already helped out, who knows where they can be. As you can
tell, I'm in favor of it. I -- I can tell a lot of you are too. Just
stick with us and may God help us. Thanks.
MR. DORRILL: Thank you. Gayle Stan and then, Patricia
Ness (phonetic) or Nese, you'll follow this lady.
CHAIRMAN HANCOCK: Is Ms. Nese the final speaker,
Mr. Dotrill?
MR. DORRILL: Yes, sir, she is.
MS. STAN: Hi. I'm Gayle Stan. Are we talking about
developing condominiums at Lake Avalon at the park now, because we
keep hearing about condominiums? Unless you guys are planning on
becoming landlords in the near future, condominiums is out of the
picture.
CHAIRMAN HANCOCK: As a member of the Parks and Rec.
Advisory Board, I think you understand fully what we're discussing
today.
MS. STAN: Yeah. I know exactly. I'm just trying to
make my point. And, Mr. Norris, since you cut my daughter off, she
was going to say as much things about -- concerning the lease,
considering we are promoting a youth program -- prior to you cutting
her off, she was going to say just as much as was relevant as what
many of the other people up here said.
One, would anyone like to provide me with the
credentials of the Gulf Coast Skimmers as a youth outreach program?
Any certification of anyone that is involved in this program? Are
they certified with HRS to be conducting this program? It's not
attached to the lease, and you're ready to give them a lease without
the credentials.
CHAIRMAN HANCOCK: Ms. Stan, church groups aren't
certified by HRS either, but I think we all understand the -- MS. STAN: Do you provide the property for a church
group?
CHAIRMAN HANCOCK: Actually, yes, we have.
MS. STAN: Do you -- the taxpayers of Collier County are
paying for this, okay.
COMMISSIONER MAC'KIE: Proud to be -- proud to be
associated with it.
MS. STAN: Well, I know. Now, there are -- this group
is savable. But there are a lot of problems with this group right
now. I have personally witnessed Mr. Gutsoy heave a bunch of flags at
a 14-year-old boy. I've seen conduct by some of the people that are
in this room. I find it amazing what they're saying today, because
they have rung my phone off the wall at my house complaining about
this group. We started pushing -- some of our problems that we have
with this group, 12 year olds driving boats -- check the Florida State
Statutes; it's against the law. We have it on tape. We gave it to
Mr. Olliff. He don't have a problem with it. Kids being reprimanded
for not praying correctly, on videotape, by Todd Fiala. MR. FIALA: She's lying now.
MS. STAN: We have it on videotape. It was given to Tom
Olliff months ago. You are signing a lease for a youth outreach
program. How the site plan got attached to this -- and this is not a
stand-on-its-own thing, we wouldn't be discussing -- we'd be
discussing -- lease is one item; the site plan is another.
Yeah, you're getting lots of people donating time on
this site plan. You've saved a fortune. Who are they representing?
They're representing the Gulf Coast Skimmers, and they just took the
best piece of property. They're donating it on behalf of the Gulf
Coast Skimmers. They have no interest in these people you're putting
it up -- against their property. They're representing the Gulf Coast
Skimmers.
I believe on -- I have it here somewhere, but the third
thing, you'll see Kent Carlyle's name's on it -- he is a member of the
Gulf Coast Skimmers -- as donating his time for designing this park.
This is a county park. The county should be designing it. It's great
we're saving money. That's awesome. But you're supposed to be resep
-- representing the residents of this county.
Why isn't the county -- parks and rec. -- I mean, we've
approved -- well, voted, now, on three different site plans. It
changes like the wind. There is total disarray. We've been told
we're not supposed to talk about the lease, but I believe the
ordinance that governs us, we're supposed to participate in the
designing and construction of facilities at a park. Exactly what does
this lease pertain to? We're giving them -- giving them $200 (sic)
that Mr. Sugden gave to the county because the county is the more --
more stable entity. So we're going to give it back to the Gulf Coast
Skimmers? Why didn't he do it in the first place?
This is our park. There apparently was alternatives
before or there wouldn't have been two other site plans. And I'm all
for saving money. Yes, I'm on PARAB board, and if I can go down to
Parks and Rec. Administrative Board and pick up all of my huge packet
and save the county a buck mailing it, guess what? I do it. I think
it's stupid when I work in Golden Gate to have them mail 3 pounds of
material to my house. It's ridiculous. But the county is not
designing this park, and I would like to see the materials that are
going to be donated that's going to save us all this money.
And just to sum it up, I'd like to say maybe we should
hold off and look into this a little further, get some details and
some more input, and see what's going on here. Something's not right.
MR. DORRILL: Ms. Ness (phonetic) or Nese, first name
Patricia.
(Applause)
MS. NESE: Good afternoon. My name is Patricia Nese,
and I never spoke before, but my daughter is part of the Gulf Coast
Skimmers. She's 15 years old, and I'm a single parent; and I know
where my daughter is every Sunday while I'm working. It makes me feel
good. It makes me feel safe, and I know the people that are around
her are taking care of her. I also have an eight-year-old son that
I'm waiting to learn to listen a little better so I can put him into
the Gulf Coast Skimmers. I'm in full support of it, and thank you
very much for listening.
MR. DORRILL: That's all, Mr. Chairman.
CHAIRMAN HANCOCK: We're about ten minutes before what's
a typical lunch break. I would like to go ahead and press through the
rest of this item before taking a break if that's the desire of the
board.
COMMISSIONER MAC'KIE: Yes.
CHAIRMAN HANCOCK: What I've done is -- is kind of -- as
speakers have brought different issues up, I've tried to make a list
of those things that are pertinent to the lease and what's before us.
Let me see if I can summarize some things to get us to a -- a point of
decision.
First of all, the -- as far as sound issues, we have
agreed to install a berm and landscaping behind the amphitheater that
will reduce the noise level over what it currently is. Am I correct
in that, Mr. Olliff?
MR. OLLIFF: The construction of the grandstand itself
is berm construction, and -- and we have agreed to provide enhanced
landscaping along that entire property line between Guilford Road and
the park.
CHAIRMAN HANCOCK: And the sound level is anticipated to
be the same or less -- actually less than what has been occurring for
the last several years?
MR. OLLIFF: Absolutely.
CHAIRMAN HANCOCK: Restrooms next to the amphitheater
and a septic tank for the Skimmers building are all issues that are
governed by the state, HRS, and we will comply with those regulations
as they're set forth as -- because we don't have a choice.
Mr. Weigel, notice and bidding. I read your comments,
but I understand that it is your position that we have met the
requirements of notice and bidding per state statute; is that
correct?
MR. WEIGEL: That is correct. And if I can take a
moment, and that is that there are no requirements for bidding for
this particular project. This comes before you under Section 125.38
of the Florida Statutes, and that specifically provides that no
advertisement is required. It does provide that the county or any
local government -- because it refers to political subdivisions,
municipalities, etc. -- has, in fact, the local discretion to
determine if there is a not-for-profit organization or another
governmental entity that wishes to utilize a county site to provide a
program or activity of a community or a public benefit. And by your
actions today and by your previous actions in regard to Gulf Coast
Skimmers and -- and the park and even the grant applications, you have
indicated and recognized the public and community benefit of this
particular entity and the endeavors that are carried out on the
premises.
So Section 125.38 is being complied with by today's
agenda item before you. As part of the package with Agenda Item
8(C)(1) is an agreement as well as a resolution making the appropriate
findings. The board adopting such resolution will have made the
appropriate findings that are required under that statute. I further
note that our reliance, really, is upon Attorney General Opinion
74-219 and -- specifically addressing 125.38 of the Florida Statutes.
And I -- I've reviewed the case law that's been cited previous by --
previously by the counsel speaking before you today, and -- and I
don't find them compelling or on point.
CHAIRMAN HANCOCK: Okay. The last issue I had was
practice time and -- and use of -- of the lake, and that's something,
I think, is -- is probably going to be open for discussion. But let
me go ahead and ask the balance of the board if -- if you have any
other questions.
COMMISSIONER CONSTANTINE: I just wanted to clear one
thing. You mentioned the notice and bidding, and you mentioned the
noise. I had both of those jotted down, but the environmental issue
was brought up and the fear of what boat activity in the lake could
cause. I think I heard Mr. Gutsoy say and some of the other people
that have lived here for years say they've been out there for as long
as 16 years and doing it. So I'm wondering if -- if we haven't had
the impacts in 16 years, I -- I've got to assume that we're -- we're
not going to. If there are turtles and bunnies and squirrels and
things that have survived for the past 16 years with boat activity
there, then I've got to assume that they will in the future as well.
CHAIRMAN HANCOCK: In addition, we have had water
quality testing done in the lake and found it to meet state standards
for swimming, which was one of the big reasons for me, individually,
that we acquired this property as a freshwater swimming area and beach
area. Because as we wrestle with beach parking, having a place like
this for our community to go is great. And every year we will have to
test the water quality to meet state standards. So if there is any
indication of declining water quality, it will show up before people
are allowed to continue swimming in any condition that is unsafe. So
that has been covered by state. Commissioner Constantine.
COHMISSIONER CONSTANTINE: The only other item I had,
and I think you covered this in your opening comments, Mr. Olliff, but
some of the residents had concerns about visual. Did -- did you say
there will be opaque -- that there will be plantings that will let
zero percent visibility go through? MR. OLLIFF: Yes, sir.
CHAIRMAN HANCOCK: Commissioner Mac'Kie.
COHMISSIONER HAC'KIE: My -- mine was actually on the
point of the hours of operation. Just to clarify that issue, if I'm
-- if I'm at home deciding whether or not I'm going to take my kids
down there to go canoeing, I'd like to know before I leave home
whether or not I'll have access to canoes and paddle boats. If I
understand it correctly, however, even when the Skimmers are
practicing, there's still half the lake available for me to canoe and
paddle boat with my kids. So, I -- I don't see how that -- I mean,
I'll just go ahead and weigh in -- that I don't see why we need to
make any changes. We need to leave the flexibility in the hours
because it doesn't interfere with the reasonable recreational use by
the rest of the public. We've got half of a 60-acre lake. That'll do
for me. I can't paddle that much.
CHAIRMAN HANCOCK: And I believe at show times, the
swimming area is closed anyway.
COHMISSIONER HAC'KIE: That's right.
MR. OLLIFF: During show times. I -- I will at least
present to you the attorneys representing the Guilford Road
Homeowners' Association and Gulf Coast Skimmers have apparently gotten
together and at least would like to propose a lease amendment for your
consideration. And I think they are proposing this lease amendment in
an effort to avoid the association finding it necessary to take this
any further in terms of litigation, and I think they've agreed not to
with these amendments. My understanding is that the Gulf Coast
Skimmers have agreed to these amendments as well. And if I can, I'd
like to read those three into the record. Those are for your
consideration as -- as lease amendments.
The first one is that the Gulf Coast Skimmers will limit
their use of the lake to 50 percent of the total available hours. Any
exceptions to this will require written approval by the Parks and
Recreation director with notice provided to the president of the
Guilford Road Homeowners' Association.
Secondly, the -- the Gulf Coast Skimmers will limit
their use of practices or performances that use four boats to less
than 20 percent of the total available hours, and again, any
exceptions will require written approval by the Parks and Recreation
director with notice provided to the president of the Guilford
Homeowners' Association.
And lastly, that the parking spaces highlighted -- and
it will be on Exhibit B of the actual agreement -- will not be
constructed until determined to be necessary by the county's parks and
recreation department, but in any case not as a part of the initial
construction. And I'll highlight for you on this site plan where
those spaces actually are (indicating).
COHMISSIONER HAC'KIE: Those are currently grassed
spaces?
MR. OLLIFF: They're currently designed as overflow-type
spaces, and I believe that there are more than sufficient parking
spaces in the site plan without those initially to be able to -- to
meet the demand of -- of the current shows, and -- and only at the
time when we feel that they're needed by the shows would we ever build
them.
CHAIRMAN HANCOCK: Commissioner Norris.
COHMISSIONER NORRIS: Mr. Chairman, I'd like to make a
motion that we terminate the existing lease with the Gulf Coast
Skimmers and adopt the attached resolution and authorize the chairman
to execute the attached new lease with the modifications just outlined
by Mr. Olliff included.
COHMISSIONER HAC'KIE: I have a question on the motion.
CHAIRMAN HANCOCK: Commissioner Mac'Kie.
COHMISSIONER HAC'KIE: Mr. Weigel, are we getting into
an enforcement mess with this 20 percent and 50 percent? It just
bothers me a little bit. I don't know how we can monitor that.
MR. WEIGEL: It's a good question. I think that there's
going to be some questions in the eye of -- in the eye of the beholder
from whatever standpoint goes there. And I think -- call it negative
or positive enforceability depending on one's position is going to be
somewhat problematical. Perhaps this is really a -- a message of
intent, and we can make sure that the -- the lease language indicates
that this is an -- an -- a message of intent rather than absolute
variation.
And one thing to keep in mind is that park hours and
usage times for boats, you're looking at a spread of either days or
weeks or months; and just as we ran into the same kind of thing with
Jane's Scenic Drive, what you often look to is at a period of time, a
reasonable period of time, like three weeks or a month or something
like that. You look to find the -- the median that works out, and
perhaps that's what we can also embrace conceptually within this lease
amendment.
COHMISSIONER HAC'KIE: I don't have a problem if we're
stating it as the intention of the parties, but I don't want to see a
default that could terminate the lease if somebody asserts that it was
21 percent or 25 percent. So based on Mr. Weigel's -- if that -- if
that's incorporated into your motion, Mr. Norris, I'd second it.
COHMISSIONER NORRIS: I'll modify the motion.
COHMISSIONER HAC'KIE: Second.
CHAIRMAN HANCOCK: I have a motion and a second. Is
there any discussion?
MR. DORRILL: I have -- I have one question.
Mr. Olliff, would you read that second condition again as it pertains
to four boats?
MR. OLLIFF: The second condition was that the Gulf
Coast Skimmers would limit their use of practices or performances that
use four boats at the same time to less than 20 percent of the total
available hours, any exceptions, again, being approved by the Parks
director.
CHAIRMAN HANCOCK: And by boats we're including --
MR. JOHN GURSOY: Not performances. Not performances,
just practices.
CHAIRMAN HANCOCK: He clarified that it's just
practices and not performances. And by boats we're including personal
watercraft as a boat?
MR. JOHN GURSOY: Correct. And the safety boat doesn't
count.
MR. DORRILL: So as I understand that, they -- they
could use in practice seven days a week up to 50 percent of the time
as long as there were fewer than four boats. COMHISSIONER MAC'KIE: Right.
CHAIRMAN HANCOCK: And the four-boat limit does not
include the safety boat, which for the most part is stationary out
there and is a -- actually a requirement of the USWA or something like
that.
MR. DORRILL: The only -- the only concern that I would
have with that, Mr. Chairman, would be that if -- I -- I can't believe
that they're actually out there practicing up to 40 or 50 hours a
week, and frankly, from the public's benefit, if you go out there and
you rent a canoe or you rent a small sailboat five years from now, you
-- you would like to be able, maybe, to paddle or sail all the way
across the lake.
And some mechanism needs to be worked out that if
there's an active practice period, then you would know not to cross a
particular buoy. But if they're not over there practicing and you've
paid your 15 bucks an hour, you ought to be able to sail your boat all
the way across the lake as opposed to a poorly worded amendment to a
lease. And I think that we may need to -- to wordsmith that a little
bit just so that if somebody rents a boat for their kid and nobody's
over there practicing anyway, that they're not precluded from going
past the --
MR. OLLIFF: And the lease does say that.
CHAIRMAN HANCOCK: It does? And that buoys will be
placed during practice periods in a line that bisects the lake
separating the practice area from -- from the remainder of the lake?
MR. OLLIFF: And the entire lake is open and available
to the public any time that there are no practices occurring.
CHAIRMAN HANCOCK: When practice is not occurring, those
buoys will not be in place? How are we going to let the public know?
MR. JOHN GURSOY: We talked about a line-of-sight buoy
situation. It was successful at Sea World where I skied in Ohio where
you have one buoy and then another buoy, and it's a line of sight. In
regard to communicating when we'll be practicing, we talked about --
no different than filing a flight plan. The Skimmers will let the
paddle boat concession operators know, you know, what the hours are.
So if we're not there -- obviously, like, we're not there right now --
that lake is -- all full 60 acres is available for paddling.
MR. DORRILL: That's my only point. If -- if there's
not an active practice session, the entire park should be open to the
public.
CHAIRMAN HANCOCK: Agreed. With that -- with those
statements on the record, is there anything else to add to the
motion?
MR. OLLIFF: The -- the last thing that I'll -- I'll add
for the record, and it was -- the Parks and Recreation Advisory
Board's recommendation was that we pursue that Australian pine issue
and that we try and pursue salvaging those. And just for the record,
I -- I'd put that on the record that we would commit to do that.
COMMISSIONER NORRIS: One other thing, Mr. Olliff. I
think Mr. Morgan said that there was a point that you did not bring up
and you promised to bring it up before we closed the discussion. Do
you remember what that point was?
MR. OLLIFF: That was the point, and their -- their
other point was that the board should consider a reduction in the
total available hours that the Gulf Coast Skimmers would have within
their lease for practices, and I think these amendments address their
concern.
COMMISSIONER MAC'KIE: The last thing for me is just so
that everybody gets to know, can you fish in the lake, Mr. Olliff?
MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: Thank you.
MR. OLLIFF: In fact, in two locations we plan on
providing enhanced bottom areas for fishing.
CHAIRMAN HANCOCK: The folks in Foxfire are jumping up
and down as we speak.
COMMISSIONER MAC'KIE: Come on down.
CHAIRMAN HANCOCK: Okay. Is there anything further?
Seeing nothing further, I'll call the question. All
those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, a lease is terminated,
and a new lease is adopted with conditions.
(Applause)
Item #8C2
CHAIRMAN TO EXECUTE A CONSTRUCTION AGREEMENT WITH THE GULFCOAST
SKIMMERS WATER SKI SHOW, INC., FOR AN 800 SEAT COVERED GRANDSTAND
FACILITY - APPROVED
CHAIRMAN HANCOCK: We need to -- we need to continue
with a couple of items; so as you folks leave the room, I'd ask you to
do so quietly, and -- and we'll go ahead and continue with the
agenda.
The Items 8(B) and 8(C), do we need separate motions on
those, Mr. Weigel?
MR. WEIGEL: Yes, you do.
COHMISSIONER NORRIS: Motion to approve.
COMMISSIONER MAC'KIE: Second.
MR. OLLIFF: One -- one last question. David, do -- do
they need a separate motion for the resolution as far as 8(C)(1)?
MR. WEIGEL: No. Because the agreement is part and
parcel with the resolution.
CHAIRMAN HANCOCK: Okay. We have a motion on 8(B) --
I'm sorry, 8(C)(2). My apologies. All those in favor please signify
by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, the motion carries
unanimously.
Item #8C3
PURCHASE ORDERS WITH IBIS, INC., HAG, INC., AND SUNSHINE EXCAVATORS FOR
WORK ASSOCIATED WITH SUGDEN PARK - APPPROVED
COHMISSIONER CONSTANTINE: Hr. Chairman, I'd like to
make a motion we approve 8(C)(3).
COHMISSIONER HAC'KIE: Second.
CHAIRMAN HANCOCK:
those in favor.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, the motion carries
unanimously.
We have a motion and a second. All
Item #9A
RESOLUTION 97-09 AUTHORIZING THE ISSUANCE BY COLLIER COUNTY OF NOT
EXCEEDING $5,000,000 IN THE AGGREGATE PRINCIPAL AMOUNT OF COLLIER
COUNTY, FLORIDA NAPLES PARK AREA STORMWATER IMPROVEMENT ASSESSMENT
BONDS, SERIES 1997 IN ORDER TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS
ISSUED TO FINANCE THE ACQUISITION AND CONSTRUCITON OF VARIOUS
STORMWATER DRAINAGE IMPROVEMENTS WITHIN THE NAPLES PARK AREA DRAINAGE
IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT - ADOPTED
Folks, we have one issue. We had a time certain at 11
regarding -- to accommodate bond counsel on a resolution authorizing
the issuance of bonds for the Naples Park area stormwater improvement
assessment. This is something we've talked about until the -- until
we're blue in the face. Do we have any registered speakers,
Mr. Dotrill?
MR. DORRILL: No, sir.
CHAIRMAN HANCOCK: I'll close the public hearing. Do we
have a motion?
Would the board like a presentation on this?
COHMISSIONER HAC'KIE: No. I'd like to move approval of
the resolution for Item 9(A).
COHMISSIONER CONSTANTINE: And authorizing --
MR. DORRILL: The resolution is here and Mr. Giblin is
-- is here. We just want to make it clear that the resolution was
and is made part of the record for up to $5 million.
COHMISSIONER NORRIS: I'll second.
CHAIRMAN HANCOCK: We have a motion and a second. Is
there any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: We have one comment from -- your
name, please.
MR. GIBLIN: Mr. Chairman, for the record, Tom Giblin
with Nabors, Giblin & Nickerson. One clarification on the
resolution. I think your agenda packages reflect not to exceed $5
million for the bond issue. In fact, it is $4,250,000. It's a lesser
amount, and that's reflected in the handout that Mr. Weigel just gave
you.
CHAIRMAN NORRIS: I bet you're glad you came all the way
down here for this, aren't you? MR. GIBLIN: Yes, sir.
CHAIRMAN HANCOCK: Okay. With that, ladies and
gentlemen, I think lunch is in order. Why don't we take one hour and
be back at five minutes after one.
(A lunch break was held from 12:03 p.m. to 1:08 p.m.)
Item #BE1
FUNDING TO THE MARCO ISLAND CHAMBER OF COHMERCE FOR $948,896 FOR
TOURIST DEVELOPMENT, CATEGORY B FUNDS - APPROVED WITH CONDITIONS
(The meeting reconvened with Chairman Hancock,
Commissioner Hac'Kie, and Commissioner Berry being present.)
CHAIRMAN HANCOCK: Okay. We're going to reconvene the
January 7 Board of County Commissioners meeting, as I rustle through
to get to the items. We are now on Item 8(E)(1) under county manager,
approve funding for the Marco Island Chamber of Commerce.
MS. GANSEL: Good af --
CHAIRMAN HANCOCK: Miss Gansel.
MS. GANSEL: Good afternoon, Commissioners. Jean Gansel
from the budget office. Congratulations, Mr. Chairman.
CHAIRMAN HANCOCK: Thank you.
(Commissioner Norris entered the boardroom.)
MS. GANSEL: The -- The Tourist Development Council
reviewed applications for Category B funding at their December 2
meeting. The Marco Island and Everglades Visitors' Bureau had
requested $409,372 for calendar year '97 to promote off-season tourism
in that area.
(Commissioner Constantine entered the boardroom.)
MS. GANSEL: In addition, they had requested some of the
balances that they had remaining on some of their prior-year contracts
be brought forward and be incorporated in their nine -- '97
application. This was reviewed by the Tourist Development Council,
and it was a unanimous vote that they recommended approval of that to
you.
CHAIRMAN HANCOCK: Thank you. Are there any questions?
Mr. Norris. Commissioner Norris, excuse me.
COHMISSIONER NORRIS: Yes. Miss Gansel, at that TDC
meeting, I requested that they supply us with detailed accounting of
what the money is spent on. Have we received that?
MS. GANSEL: We have not received that. We -- I have
received notification. They have requested a certified audit to be
done of their funds, and they will be providing that to us, but at
this point it -- it has taken them a little while to get that
together.
COHMISSIONER NORRIS: But they are going -- They have
promised to do that.
MS. GANSEL: I received notification and Mr. Yordan is
here from the Marco Island/Everglades Visitors' Center, and I'm sure
that he would be glad to also --
COHMISSIONER NORRIS: Yeah.
COHMISSIONER HAC'KIE: Tim.
MS. GANSEL: -- affirm that that will be done.
CHAIRMAN HANCOCK: Commissioner Hac'Kie.
COHMISSIONER HAC'KIE: Is there -- is there a reason --
and maybe this is a question for the -- for the visitors' bureau. Is
there any reason not to add a condition that no disbursements are made
until the audit is reviewed and approved? Because -- I mean,
everybody knows we've got some serious problems with our GDC money.
We need to slow down this train.
COHMISSIONER CONSTANTINE: Agreed.
COHMISSIONER HAC'KIE: Do they need -- Is there some
pressing immediate expenditure? If there is, let's talk about it, but
I would very much like not to spend any more of this money until we
get your report on how you spent it last year. CHAIRMAN HANCOCK: I think --
COMHISSIONER MAC'KIE: He's behind you if you'll --
CHAIRMAN HANCOCK: -- we -- we can --
MS. GANSEL: They -- They do have some ongoing costs,
and particularly since they are rolling forward some of the money from
their prior contracts. They have commitments to an advertising agency
for a monthly fee and I -- I -- I'm talking --
COMHISSIONER MAC'KIE: Let --
CHAIRMAN HANCOCK: Ra -- ra --
COMHISSIONER MAC'KIE: -- us hear from him. He's behind
you.
MS. GANSEL: Okay.
CHAIRMAN HANCOCK: Rather than answering for him.
MR. YORDAN: Good afternoon. Congratulations,
Mr. Chairman, as well.
CHAIRMAN HANCOCK: Thank you.
MR. YORDAN: My name is Victor Yordan. I'm the chairman
of the Marco Island and the Everglades Convention and Visitors'
Bureau. What Miss Gansel was explaining is, you know, we -- because
of the -- the -- the situations that we've been going over the last
few weeks, our operation at the convention and visitors' bureau has
almost been shut down because we needed to go and review the contract
and do a number of things. The ad agency, the prior one and the new
one, you know, haven't received any funds and we have -- It's
incorporated in the contract that 60 days upon termination of -- of
the -- each year's agreement, there will be an audit performed, and we
are fully understanding that we're going to do that. We have
commissioned a company to do an audit of 1996, and we will do so at
the end of 1997 as well, you know, within 60 days of the conclusion of
the contract. The situation we have is that if we are not able to
disburse the funds, we cannot proceed with any of the video shoots and
a number of commitments that -- that we have made dating back to
September.
COMMISSIONER NORRIS: I have a question on that.
CHAIRMAN HANCOCK: Just a second. Commissioner
Constantine was next.
COMHISSIONER CONSTANTINE: And I -- If Commissioner
Norris has a question, I'll let him go because my question was going
to be on -- if you asked them that in December at the TDC meeting,
obviously I wasn't there, but I'm wondering what's happened. Have you
done that in the last month, or have you just been waiting -- MR. YORDAN: Right.
COMMISSIONER CONSTANTINE: -- until the new year or --
MR. YORDAN: What we needed to do back at the meeting
was we needed to clarify what the funds were. There -- There are two
numbers here. The number is the -- the -- the funds for 1997 and then
the -- the other number was the rollover funds or the -- the remaining
windfall dollars that haven't been spent, and we needed to account for
that, what had been spent, and we have done so with Miss Gansel.
She's received full accounting of what was spent, what wasn't spent,
and now that that has been clarified, that there's clear distinction
between the application for 1997 and the balance that's remaining from
the prior years. The two numbers are very clear, and now we've
commissioned -- you know, we're going to go through an audit process
so that we're in compliance, you know, as we would do every year.
COHMISSIONER CONSTANTINE: I also agree with
Commissioner Hac'Kie. I -- I understand it may put you in a difficult
position, but we've had three or four missteps with the TDC money, and
rather than have another -- It's very hard to go back after the fact.
If we've written you a check and you've given it to someone else and
the work's been done, then we find a problem in the audit, it's hard
to go back and close the barn door. So I'm a little more comfortable
if -- if we slow down the train, as you say.
COHMISSIONER HAC'KIE: My -- My question actually
wasn't, do you have ongoing expenses. My question was, do you have
some emergency that requires you to spend money before you can get the
audit in to us? Because I -- It sounds like if you have to delay
taping of an ad, that's not going to meet my definition of an
emergency.
MR. YORDAN: Right.
COHMISSIONER HAC'KIE: And, secondly, how much longer is
it going to take to get the audit? When -- MR. YORDAN: Well --
COHMISSIONER HAC'KIE: When may we expect it?
MR. YORDAN: You know, I -- I -- I couldn't tell you,
again, the exact date when the audit would be done.
COHMISSIONER HAC'KIE: Well '-
MR. YORDAN: I would have to check with the firm but
probably within, you know, two weeks, you know, three weeks, maybe
four weeks. I will have to check.
But going back to your -- your first point, there are
two things -- two problems: One, that we've had agencies working
on -- on the account for months now that haven't been paid. We have a
new agency that's been working with us since, you know, October that
has not received any -- any payment. We have an old agency that has,
you know, been working all through 1996 doing our public relations
that hasn't been paid. We also have some deadlines to produce those
videos, which, you know, if -- if the Everglades get too brown, then
we can't do it until next year, and there -- there's a number of
vendors and -- and -- and the -- the reality is that we are trying to
do the right thing for the destination and -- and -- and that's --
I -- I'm a volunteer. I'm the general manager of the Radisson, Marco
Island, volunteering my time here on behalf of the -- of the county
and -- and the destination and I -- you know, I'd very much appreciate
if you would allow us to continue to work.
We would, you know, guarantee you that whatever
accounting numbers you need to see, you will see and that -- As a
matter of fact, one of the reasons why we've chosen a new agency for
1997 is precisely the fact that we wanted to have very clear
accounting records, and you know, we would -- we would do so.
COHMISSIONER HAC'KIE: How much money would you need
to -- CHAIRMAN HANCOCK: Commissioner Hac'Kie, we do have
other commissioners with questions -- COHMISSIONER HAC'KIE: I'm sorry.
CHAIRMAN HANCOCK: -- if I can get to those. And the
browning of the Everglades, we call that winter foliage.
MR. YORDAN: Thank you, Commissioner, for clearing that
up.
COHMISSIONER NORRIS: My -- My question at the TDC
meeting was, can you supply us with figures and I'm not so -- I'm not
completely sure that a financial audit is what I'm interested in, but
I'm interested in a detailed accounting of what the actual funds
bought for us. By that, I mean placement, I mean fees, retainers.
Whatever it may happen to be, I want a -- What I want to see is all of
that. And whether that will come out in a pure financial audit or
not --
MR. YORDAN: Okay.
COHMISSIONER NORRIS: -- I don't know but --
MR. YORDAN: I understand your --
COHMISSIONER NORRIS: -- that's what I'm interested in
seeing.
MR. YORDAN: I understand your question, and I believe
that Hiss Gansel -- those numbers are in; otherwise, we wouldn't have
been able to -- to conclude what we had left, you know, from the
windfall dollars. So the finance office has, you know, several stacks
of invoices that include all of the expenses that have been incurred
in 1996 related to public relations and advertising. And having
provided that information, we are just awaiting for approval of the
amendment of the contract so that we can, you know, pay basically
those bills.
CHAIRMAN HANCOCK: Commissioner Berry.
COHMISSIONER BERRY: A question I have is, you indicated
that some of these bills or invoices have not been paid, and I don't
know how this reflects on the county, but I don't want the county to
start establishing a reputation of being a slow payer. I don't mean a
runaway train either. But on the other hand, if there have been
invoices submitted for payment, then it ought to be done.
At the same time, I do believe that -- that the
commission and -- and I would think certainly the TDC should be owed
an explanation of how this money is being spent. The last three weeks
I believe I have sat up here and we have divvied up hundreds of
thousands of dollars, and I'm beginning to wonder, you know, just
what -- what's the bottom of the pit and -- and I -- again, I have to
rely too on the TDC, their recommendation. We're going on their
recommendations. I don't have a problem with that because I feel that
they are the experts in this area. I am not. But I -- I do believe
that it's fair to us and to the county that we at least have something
up here in our hands that we can say, "Well, this is what we paid
for," and -- and I just think -- MR. YORDAN: I agree.
COHMISSIONER BERRY: -- it's fair, and I think it would
certainly give you a -- a great deal of comfort to have that as well.
MR. YORDAN: I agree. I mean, I -- I am here for the
first time, you know, speaking on behalf of the convention bureau,
and -- and we want to do the right thing, and we've said that all
along.
COHMISSIONER BERRY: We're not here to shoot the
messenger today.
MR. YORDAN: Absolutely. I mean, we -- I -- I believe
we've provided Hiss Gansel with all -- a full accounting of all
invoices for 1996. The bills are sitting there waiting to be
approved. The reason they haven't been paid is because there needs to
be an amendment to the contract we're hoping to get approved
clarifying the fact that we'll pay on presentation of invoices as
opposed to reimbursing, you know, for payments that have been made,
when, in fact, the Chamber of Commerce is a not-for-pro -- for-profit
organization that doesn't have any funds. So that's why the -- you
know, it works that way.
MR. MCNEES: Mr. Chairman --
MR. YORDAN: We want to do the right thing.
MR. HCNEES: -- I might offer you an option just for your
consideration. As Hiss Gansel indicated, part of this money is left
over from last year, and part of this money is new money. You could
approve this contract, allow the money that was already approved in
the prior year to be spent which would cover any outstanding invoices
and also any ongoing day-to-day needs, and you could stipulate that no
new money from the fiscal '97 allocation would be spent until all of
your other concerns have been satisfied. It will give you at least a
little bit of a lever there.
CHAIRMAN HANCOCK: It seems reasonable since I'm
beginning to have a concern over piecemeal policy. We -- As each one
of these comes up individually, we seem to be adopting a new policy
for each one, and that puts the applicant or the messenger at a
disadvantage.
I would like to see us be consistent in our approach,
and if that means saying, "Okay. Put it on the agenda in two weeks
that we're going to adopt a formal policy in this matter," fine, but
the piecemeal approach is -- is really causing us a long deliberation
over something that is not that difficult or strenuous. Commissioner
Constantine.
COHMISSIONER CONSTANTINE: Just a kind of a follow-up
and -- and you made my point partially, and that is I keep hearing of
leftover funds, and at the same time I'm hearing of unpaid invoices
for the previous year, and I don't understand if there were funds left
over why we didn't pay the bills -- why y'all didn't pay the bills.
MR. YORDAN: Well, we don't pay the bills. We -- We
submit the bills to the, you know, county, the finance office, and
Hiss Gansel can probably help there and -- you know, we know we have
some situations there that have risen. And, you know, if you want
to --
But we've submitted the bills. Some have been kicked
back for additional information. And when they get kicked back, we
look at what's been asked, and we resubmit them again and -- you know,
that's --
COHMISSIONER HAC'KIE: I have one idea, Commissioner
Constantine, is -- is the clerk told me that he wasn't going to cut
any more checks under contracts that said reimbursement unless he had
a paid receipt submitted. And so they are not going to be able to get
invoices paid -- unpaid invoices paid, and that's probably what
happened.
CHAIRMAN HANCOCK: I think we've -- we've talked through
this one fairly well. Mr. HcNees's suggestion to me may -- has
some -- some good points to it. Is there a desire or direction from
the board?
COHMISSIONER HAC'KIE: I'll make a motion to approve the
suggestion made by Mr. HcNees, that they can go forward with the
modification that -- that because of it being the Chamber of Commerce
and not-for-profit that doesn't have the money to -- to front -- to
come back for paid invoices, that we modify their contract to allow
them to be paid as set forth in the contract in our packet, which is
upon submission of an invoice, but that no dollars in excess of the
budgeted amount for last year be expended until the audit is in and
the questions are -- are fully answered.
CHAIRMAN HANCOCK: Do I have any comments? Questions?
Seconds?
COMMISSIONER NORRIS: I'll second it.
CHAIRMAN HANCOCK: We have a motion and a second. Any
discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Motion carries 5-0.
I might suggest that we take the path of adopting a
formal policy for Category B and C expenditures since this is a fiscal
matter and the board is the one that answers to that. I -- It's not
that I don't want the TDC involvement, but I think this is a policy
matter that we need to handle. Would the board like to place that on
the agenda with a list of choices or selections available to us? I'm
seeking a little direction here.
COMMISSIONER MAC'KIE: Well, I -- I -- I'll tell you
something that I'm pursuing right now, is -- is in the hopes of
proposing something comprehensive by way of policy and how we pay, how
we expend TDC money, but also in adding something that I know you have
been working on, Mr. Chairman, is the -- the guidelines, what
guidelines should be mandatory, what should be really guidelines. I
mean, it's a much bigger picture, and I would like to see us to
develop a policy for Category C money so that we aren't just approving
whoever gets a good idea first comes in here. So I'm not sure I'm
ready -- I might could be ready in two weeks to propose something
but --
CHAIRMAN HANCOCK: Well, let me suggest -- I'm meeting
with the subcommittee of the TDC that is ado -- that is working on the
Category C guidelines. Let me suggest giving a report on that
progress at our next board meeting. And at that point if we want to
make some direction or give some direction to a formal adoption, we'll
do it then.
COMMISSIONER CONSTANTINE: All right.
COMMISSIONER MAC'KIE: I like that.
CHAIRMAN HANCOCK: Okay. Moving on to Item 9(A) under
county attorney's report -- COMMISSIONER CONSTANTINE: Done.
CHAIRMAN HANCOCK: That is done. Thank you.
COMMISSIONER MAC'KIE: Done.
Item #10A
RESOLUTION 97-010 APPOINTING MONTY ROBINSON TO THE ENVIRONMENTAL POLICY
TECHNICAL ADVISORY BOARD - ADOPTED
CHAIRMAN HANCOCK: Boy, we're good.
Okay. Moving on, under Board of County Commissioners,
Item 10(A), appointment of members to the Environmental Policy --
COHMISSIONER CONSTANTINE: Mr. Chairman, we need to
appoint one member. There's one applicant. I'd make a motion we
appoint that one person, Honty Robinson.
CHAIRMAN HANCOCK: We have a motion. Is there a second?
COHMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: All those in favor please signify by
saying aye.
Opposed?
(No response)
Item #10B
RESOLUTION 97-011 REAPPOINTING E. HUEGEL AND APPOINTING P. POPOVICI AND
J. HARINARO TO THE ISLES OF CAPRI FIRE CONTROL ADVISORY COHMITTEE -
ADOPTED
CHAIRMAN HANCOCK: Seeing none, moving on to Item 10(B),
appointment --
COMMISSIONER CONSTANTINE: Mr. Chairman, there are three
vacancies and three applicants. I'd make a motion that Philip
Popovici, Jerry Marinaro, and Ed Huegel be appointed to those
positions.
CHAIRMAN HANCOCK: We have a motion. Is there a second?
COMHISSIONER NORRIS: Second.
COMHISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: Motion and a second. All those in
favor please signify by saying aye.
Opposed?
(No response
Item #10C
RESOLUTION 97-12 REAPPOINTING W. PENNELL AND APPOINTING K. ORNER TO THE
OCHOPEE FIRE CONTROL DISTRICT ADVISORY COHMITTEE - ADOPTED
CHAIRMAN HANCOCK: Seeing none, moving on to Item 10(C).
COMHISSIONER NORRIS: Ooooh, a decision here.
COMHISSIONER CONSTANTINE: Well, actually, one of them
withdrew.
COMHISSIONER MAC'KIE: Actually, there's only two.
COMHISSIONER NORRIS: Oh. So there's no decision.
COMHISSIONER CONSTANTINE: So, Mr. Chairman, there are
two vacancies and two who are still in the running. COMHISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: Okay. We have a motion and a second.
Miss --
COMHISSIONER CONSTANTINE: I'll move that we fill with
those two.
CHAIRMAN HANCOCK: Miss Filson, we have to waive --
MS. FILSON: For -- For Mr. William Pennell, he has
served the two-year limit, so you need to waive Section 7(B)(1) of
Ordinance 86-41.
CHAIRMAN HANCOCK: Does the motionmaker so waive?
COMHISSIONER CONSTANTINE: Yes.
COMHISSIONER MAC'KIE: Second agrees.
CHAIRMAN HANCOCK: Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
Item #10D
RESOLUTION 97-13 APPOINTING TOM HENNING TO THE GOLDEN GATE COHMUNITY
CENTER ADVISORY COHMITTEE - ADOPTED
CHAIRMAN HANCOCK: Seeing none, Item 10(D).
COHMISSIONER CONSTANTINE: Mr. Chairman, I believe
there's only one qualified electorate here. That's Mr. Henning.
I'll make a motion we approve Tom Henning.
COHMISSIONER BERRY: Second it.
CHAIRMAN HANCOCK: Motion and a second. All those in
favor please signify by saying aye.
Seeing none -- or opposed?
(No response)
And
Item #10E
RESOLUTION 97-14 APPOINTING C. GETLER, R. LAIRD, D. CRAIG, E. FERGUSON
AND R. HARETTA TO THE COUNTY GOVERNMENT PRODUCTIVITY COHMITTEE -
ADOPTED
CHAIRMAN HANCOCK: Seeing none, Item 10(E), government
productivity committee.
COMMISSIONER NORRIS: Five and five?
COMMISSIONER CONSTANTINE: We're going to invoke the
same waive rule?
MS. FILSON: That's correct, for Mr. Craig.
COMMISSIONER CONSTANTINE: Mr. Chairman, I'll make a
motion we approve those five, including waiving of aforesaid --
COMHISSIONER MAC'KIE: Second.
COMHISSIONER CONSTANTINE: -- thing from Miss Filson for
Mr. Craig.
CHAIRMAN HANCOCK: Motion and second. All those in
favor please signify by --
COMHISSIONER CONSTANTINE: Quick question before we --
we did go.
CHAIRMAN HANCOCK: Okay.
COMHISSIONER CONSTANTINE: I was just reading in the
fourth paragraph here, Additionally, we have a resignation from
Mr. Gertner, for a total of seven vacancies. What does that mean?
MS. FILSON: That means I've readvertised.
COMHISSIONER CONSTANTINE: Okay.
CHAIRMAN HANCOCK: Okay. Any further discussion?
Seeing none, I'll call the question. All those in favor
please signify by saying aye.
Opposed?
(No response)
PUBLIC COHMENT - VARIOUS ITEMS DISCUSSED BY AL PERKINS
CHAIRMAN HANCOCK: Seeing none, moving on to public
comment. Mr. Dotrill.
MR. DORRILL: Which you have one today. Mr. Perkins.
CHAIRMAN HANCOCK: Mr. Perkins, since this is my first
meeting as chairman, I'm going to go ahead and lay some ground rules
now. During public comment we appreciate the opportunity for any
member of the public to address the board; however, this is not a
forum to use the television to get an individual message out. So I'd
ask that any comment you have be pertinent to this board and be
addressed to this board, and that goes for all public comment, at
least during this coming year.
MR. PERKINS: As far as -- Well, A1 Perkins. Let me go
on with this just a little bit, and then I'll answer to that. Belle
Meade Groups, Golden Gate Estates Area Civic Association, Naples
Seahorse Riding Club. These are who I am speaking for today.
I don't speak for myself. I'm not paid to be here. I'm
a taxpayer and a voter. I speak on behalf of people who cannot make
it to these meetings and cannot hang around here all day long.
They're trying to support their families. When I talk to the cameras
over there, this is because I want the people to take and know the --
the fact is that I am here, and it's going to take and -- I'm doing
their job for them, just like you're supposed to be doing their job
also because you are employees of the people who are watching that
camera and also the people in here.
And this afternoon, gentlemen -- ladies and gentlemen,
this is what he's referring to. When I refer to you people --
COMHISSIONER CONSTANTINE: A1 --
MR. PERKINS: -- and the people at home, I make it a
point to let them know that I'm here on your behalf -- their behalf;
okay? Let me go on with this.
The whole issue here today and the reason why I'm in
here is because these people want this commission to apply pressure on
the Florida Department of Transportation to put the interchange in at
Everglades Boulevard and 1-75 because when you take and go and tear up
Golden Gate Boulevard, you're going to create a problem that the
response time for EMS is not going to be able to get in there to save
lives.
This interchange also affects the pamphlet you have
right there, and if you notice underneath the beautiful, pretty little
flowers is Picayune State Park -- Forest. This is all Golden Gate
Estates south of the alley that they have --
COMMISSIONER CONSTANTINE: I'm sorry to interrupt you,
A1. I didn't realize the state owned all that land.
MR. PERKINS: The state does not own all that land. In
fact, the state is advocating come on on there and hunt and trespass
on private property and pass on the liability to somebody else, and
that's one of the reasons why I'm here; okay?
These people that I represent here today also want the
hunting stopped south of the alley to preserve lives. You can --
somebody gets shot down there because of a hunter, the response
time -- you can't get there to save the life.
Now, I've been told that it is strictly a political
thing. This board needs to put pressure on these people. Everything
is in place out there with the exception of a little asphalt. This
can make it happen.
Now, I want to jump on to something else. We've got
that. We've got the hunting and the interchange. Now I'm going to go
on to the TV system, that one back there, and our franchises that are
coming up and the camera that should be up there and the monitors out
here plus the fact of getting the meetings, all of them, three new
channels, because you're going to take and give the money to
Tallahassee if you don't spend it here, to provide adequate
information to Immokalee, Everglades, and the rest of this community.
I can't see keeping anything in any of this governmental center a
secret. If it becomes a secret, then all of a sudden we have a
problem.
Now with the cameras and with the TV system that you
need to put in place -- you have it -- some of it started right now.
It needs to be followed through, and it needs to be completed to
provide information for all of the people of this community and even
Fort Myers, and Fort Myers is probably watching right now. They know
who I am. They know all of us. I jump in their faces about the water
and the South Florida Water Management.
But now I want to get on to something pleasant. Listen
up, people. The fair starts this week from the 10th to the 18th and
that's -- and I want to extend an invitation on behalf of the Naples
Seahorse Riding Club. Come on up and see what the kids do that don't
make the newspaper and you very seldom ever hear about them. Come on
up and see what goes on. Take it in. It starts at ten o'clock in the
morning and runs all day. And if you'll check out your little blue
books on page 59 in the back there, you will find that there's going
to be 32 events, equestrian events on 32.
Now, getting off the beat just a little bit, the State
of Florida, and especially South Florida, Southeast Florida, Southwest
Florida, the Keys, are designed -- (Speaker timer goes off)
MR. PERKINS: I heard you -- are designed for recreation
and entertainment. We've been selling it all day, and this is part of
it. We have the vehicle. Let's use it. Thank you.
MR. DORRILL: That's all, Mr. Chairman.
Item #12B1
ORDINANCE 97-1 RE PETITION PUD-96-13, WILLIAM L. HOOVER OF HOOVER
PLANNING SHOPPE REPRESENTING ROCKWELL T. GUST, JR., REQUESITNG A
REZONING OF CERTAIN DEFINED PROPERTY AS HEREIN DESCIRBED FROM "A" TO
"PUD" (WHISTLER'S COVE) FOR A MULTI-FAMILY DEVELOPMENT CONSISTING OF
240 AFFORDABLE HOUSING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF
U.S. 41 (TAMIAMI TRAIL EAST) AT THE INTERSECTION OF SOUTHWEST BOULEVARD
- ADOPTED SUBJECT TO CONDITIONS AS AMENDED AND DENSITY BONUS AGREEMENT
CHAIRMAN HANCOCK: Okay. Moving to Item 12(B)(1) zoning
amendments. We have PUD 96-13. Mr. William Hoover representing
Whistler's Cove.
MS. STUDENT: Mr. Chairman, for the record, Marjorie
Student, assistant county attorney. This is a quasi-judicial hearing,
and at this time the court reporter will swear all of those that are
going to testify on this item. And also she will inquire of each
person when they come up to the mike to determine whether or not they
have been sworn, and in the case they have not, she will swear them at
that time. Thank you.
CHAIRMAN HANCOCK: Thank you. Ask the court reporter to
go ahead and do that. Everyone who has any plans on speaking during
this public hearing, please stand and raise your right hand.
(The speakers were sworn.)
CHAIRMAN HANCOCK: Thank you.
Mr. Milk, is this your baby today?
MR. MILK: Yes, sir.
CHAIRMAN HANCOCK: Okay.
MR. MILK: Congratulations.
CHAIRMAN HANCOCK: Thank you.
MR. MILK: For the record my name is Bryan Milk, and I
am presenting Petition PUD-96-13, Whistler's Cove. The petitioner is
requesting a fezone from A rural agricultural to PUD for a residential
multi-family development. Petitioner is also requesting an affordable
housing density bonus agreement for 240 units on the subject 24-acre
site for a gross project density of 10 units per the acre. Seven of
these units are attributable to the affordable housing density bonus
agreement, and three units are attributable to the base density of the
future land use element. In the affordable housing density bonus
agreement, 40 of the units will be one-bedroom units, 140 will be
two-bedroom units, and 56 will be three-bedroom units.
The project has its access point at the intersection
with Southwest Boulevard and U.S. 41. There's an existing median
opening at this intersection. The petitioner is required to provide
all the necessary median modifications, right- and left-turn lanes and
signalization if warranted. The petitioner will also provide a
sidewalk along the project boundary adjacent to U.S. 41.
This project is located adjacent to the southernmost
boundary of Naples Manor. Naples Manor is a residential subdivision.
It's primarily developed. And it's developed with single-family homes
zoned RSF-4. In recognition of this, the petitioner has provided a
160-foot setback from this northernmost boundary, has limited the
maximum heights of the buildings to 38 feet or three stories, whatever
is the most restrictive in that matter, and has provided a 5-acre
preservation for native vegetation retention in that area of setback.
To the east is county property. Abutting the property
is the proposal for the sewage treatment ponds. And further east is
the new community park. U.S. 41 abuts the remainder of the subject
property. U.S. 41 is at a level of service B with approximately
30,500 trips. This project proposes approximately 1,500 trips. The
property contiguous to U.S. 41 across the street is primarily
developed with C-4 and C-5 uses.
The project provides for a multi-family housing complex
with two- and three-story buildings. There are setbacks provided that
have looked at the impacts to the neighborhoods. There's a community
facility on the site. There's a pool and recreational amenities.
There's an on-site day care facility proposed for those folks that
live in the community only.
Staff has recognized that this is the 16th affordable
housing project in the county. This is the seventh project south of
the Golden Gate Parkway. There are four north and five in Immokalee.
This project is approximately 4 miles from the nearest project located
on the Rattlesnake Hammock Road.
The Collier County Planning Commission heard this
petition on the 19th of December and unanimously recommended approval.
There was one fellow by the name of Mr. Williams that spoke with some
concerns to the project. He is a property owner, has rental units in
that particular area. I'm not sure if he's here today, but he spoke
in some length on that.
I'd also like to make one other comment, that the
document that you have is being tweaked a little bit for punctuation,
and the substance and everything else is the same. If I can answer
any questions at this time, I would be happy to do so.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: You mentioned a 38-foot
height limit. You also mentioned a 160-foot -- MR. MILK: Setback.
COHMISSIONER CONSTANTINE: -- setback from the north.
Is -- Is that beyond what is required, the 160 foot? MR. MILK: That's correct.
COHMISSIONER CONSTANTINE: What would be required?
MR. MILK: Thirty feet.
COHMISSIONER CONSTANTINE: And then this abuts the --
I -- I -- I was jotting it down. I didn't hear after -- MR. MILK: This is --
COHMISSIONER CONSTANTINE: It abuts the sewage treatment
ponds?
MR. MILK: Storage effluent ponds, correct.
COHMISSIONER CONSTANTINE: And then what else? I'm
sorry. As -- as I was writing -- MR. MILK: U.S. 41 to the south and west and then Naples
Manor to the north. It's a triangular piece.
COHMISSIONER CONSTANTINE: Thank you.
CHAIRMAN HANCOCK: Commissioner Norris.
COHMISSIONER NORRIS: Are all of these units to be used
as affordable housing units?
MR. MILK: That's correct. This project is 100 percent
affordable housing.
CHAIRMAN HANCOCK: Commissioner Berry or Hac'Kie,
anything else?
COHMISSIONER HAC'KIE: Nothing for me.
CHAIRMAN HANCOCK: Is the petitioner here? Is there
anything you would like to add for the record? And, Mr. Dotrill, do we have public speakers?
MR. DORRILL: Just one, Mr. Chairman.
CHAIRMAN HANCOCK: Okay.
MR. ANDERSON: Good afternoon, Commissioners. For the
record my name is Bruce Anderson from Young, van Assenderp & Varnadoe
on behalf of the petitioner. I have here with me present today to
answer any questions that you may have Bill Hoover, Mike Landy, and --
and Cindy Butler who has performed some of the environmental work.
This --
THE COURT REPORTER: Excuse me, sir. Have you been
swor~?
MR. ANDERSON: Yes, ma'am.
This location was especially selected for affordable
housing for the following reasons: Number one, the ability to provide
that huge buffer area to Naples Manor on the north. A second
consideration was that there are no neighbors to the east where the
county's effluent storage ponds are being constructed. A third reason
was that there is adequate infrastructure in place to serve the
development. As Mr. Milk mentioned, there's no other approved
affordable housing nearby, and this is also a convenient location to
serve people who work in Marco Island and Naples.
I would point out that this density that we have
requested is less than the maximum authorized by the comprehensive
plan. I'd also like to note that I did meet with the East Naples
Civic Association to explain this project, and they have no objection
to this fezone request. And we believe that with the majority of the
unit sited to overlook an almost 2-acre lake and 6 acres of natural
habitat preserve area, that this will be the premiere affordable
housing development in coastal Collier County.
I'd like to enter into the record a hearing exhibit
booklet that has a reduced colored copy of our site plan. It also has
an aerial photograph of surrounding uses and ground photographs of the
surrounding uses as well. And if you have any questions for me or
Mr. Hoover or any of the other members of the team, we'll be happy to
answer them.
CHAIRMAN HANCOCK: Mr. Anderson, we do have some
questions. Mine is simply, a gentleman came in representing the
company to do an affordable housing project right on Airport Road
north of -- I think it's Gallman Pontiac there -- what is the
Pontiac --
COMMISSIONER NORRIS: (Nodding head)
CHAIRMAN HANCOCK: -- and showed us wonderful pictures.
He had done the project on the east coast, and they were going to
build it. The next thing I know I see a for sale sign up and no
activity. It turns out to be just another spec zoning because no
activity is occurring and -- and planned to occur. No action has been
taken, and that was almost a year ago. Can you put some of those
concerns to rest for me? Because what I don't want are high-density
affordable housing spec zoning projects on the books all over the
county.
MR. ANDERSON: I -- I understand that, sir. We do have
a contract -- the petitioner has a contract with the Wilson Company
which is headquartered in Tampa. They have developed -- successfully
developed, I might add -- affordable housing projects in Hillsborough,
Manatee, Volusia, Orange, and Palm Beach counties. Unfortunately your
approval today is only one of the most important parts of getting
these developments constructed. It's a bit unfair when the state
points the finger at Collier County and says, "You're not doing enough
for affordable housing," because there's also an obligation on the
state's part to step in to help with low-interest funding. And those
are the two keys.
One of the reasons that we asked to be heard today is
because of an application deadline this week for this project to be
submitted. And so that's all I can -- all I can tell you on that, and
I would point out the other safety valve that you do all have is the
sunset provisions.
CHAIRMAN HANCOCK: Okay. Commissioner Constantine.
COMMISSIONER CONSTANTINE: This is probably an
appropriate time to get on the record that I have had conversations
regarding this item outside the public hearing; however, as required
by the laws of the State of Florida, I'll base my decision today
solely on the information provided during this public hearing.
COMMISSIONER BERRY: Ditto.
COMMISSIONER NORRIS: Same thing.
COMMISSIONER MAC'KIE: Ditto.
CHAIRMAN HANCOCK: And likewise here. Commissioner
Norris, you had a question?
COMMISSIONER NORRIS: Yes. Mr. Anderson, is the
petitioner willing to stipulate on the record to any architectural
standards at this point?
MR. ANDERSON: They are in the PUD document. What
section is that? On page 12, paragraph H --
CHAIRMAN HANCOCK: It may be easier -- Mr. Anderson, you
have examples of other residential communities by the Wilson
Company --
MR. ANDERSON: Yes.
CHAIRMAN HANCOCK: -- some color photographs.
MR. ANDERSON: Yes.
CHAIRMAN HANCOCK: Would you be willing to stipulate to
similar architecture styles to any of those?
MR. ANDERSON: It will be similar. Let me show you.
They have a new prototype that I have. COMMISSIONER BERRY: There it is.
COMMISSIONER MAC'KIE: Is that it? (indicating)
MR. ANDERSON: These are -- I have the two-story and the
three-story prototypes that the Wilson Company is currently building
now. I mean, they're similar to that, but I'm not going to represent
that they're identical.
CHAIRMAN HANCOCK: Commissioner Norris, entering that
into the record, does that answer your question? COMMISSIONER NORRIS: Yes, it does.
CHAIRMAN HANCOCK: You mentioned the -- we have the
sunset provision at our disposal; however, you and I have had
discussions on other projects regarding the limitations of the sunset
provision, what you can and can't do regarding density. I'm going to
ask you a question I asked someone previously that caused Miss Student
some concern, but the petitioner didn't mind it. That is, should we
arrive at the sunset date --
MR. ANDERSON: Five years from now.
CHAIRMAN HANCOCK: -- five years from now and no
activity -- substantial activity has occurred on the site, does the --
does your client have a problem with reverting zoning to original
zoning prior to this -- this PUD?
MR. ANDERSON: Let me --
CHAIRMAN HANCOCK: Would you, please?
COMMISSIONER NORRIS: It's not our decision.
COMHISSIONER MAC'KIE: Mmm-mmm.
CHAIRMAN HANCOCK: It's -- It's our decision but the --
there is a gray area regarding reduction of density, particularly on
affordable housing because it changes the character of the project
entirely, which may have been part of the funding initiative.
COMMISSIONER CONSTANTINE: Challenge in court.
MR. ANDERSON: Yes.
CHAIRMAN HANCOCK: Okay. So the decision --
MR. ANDERSON: We will agree to that, yes, sir. Yes,
sir.
CHAIRMAN HANCOCK: Thank you. That makes things easier
for me. Are there any further questions of the petitioner?
MR. DORRILL: You have that one speaker, Mr. Chairman.
CHAIRMAN HANCOCK: Okay. And who is that, Mr. Dotrill?
MR. DORRILL: Miss Greenfield.
MS. GREENFIELD: Hello. For the record my name is Jill
Greenfield and I'm representing --
CHAIRMAN HANCOCK: Have you been sworn in,
Miss Greenfield?
MS. GREENFIELD: Yes, I have.
CHAIRMAN HANCOCK: Thank you.
MS. GREENFIELD: I am representing the Chamber EDC
Coalition, and I just want to make a very general comment today, and
it's that the Chamber EDC Coalition wants to take every opportunity to
urge your approval of appropriate increases in the inventory of
affordable housing units. Thank you.
CHAIRMAN HANCOCK: Thank you, Miss Greenfield.
Nothing further, Mr. Dorrill?
MR. DORRILL: No, sir.
CHAIRMAN HANCOCK: I will close the public hearing.
COMMISSIONER MAC'KIE: I move approval, subject to the
architectural representation that was made that we would have
something similar to the style of the plan submitted. I think that
was it.
COMMISSIONER CONSTANTINE: The sunset agreement.
COMMISSIONER MAC'KIE: Oh, I'm sorry. And that in five
years if the project does not have the substantial activity as denied
in the ordinance, that the zoning will revert to A, ag zoning.
COMMISSIONER CONSTANTINE: I'll second that.
COMMISSIONER MAC'KIE: I know, Marjie.
CHAIRMAN HANCOCK: We have a motion and a second.
MS. STUDENT: I -- I -- I need to --
CHAIRMAN HANCOCK: Miss Student.
MS. STUDENT: I need to explain a little bit more detail
about that. The reason that that's problematic, even with the PUD, is
because we have state requirements for advertising and when there's an
automatic reversion that bypasses the state requirements for
advertising -- and that's all I'm going to say.
COMMISSIONER MAC'KIE: Let me revise it, then, to say
that in five years it will automatically be advertised for a fezone
from PUD back to ag.
CHAIRMAN HANCOCK: And that the minutes from this
meeting will be entered into the record at that time.
COMMISSIONER MAC'KIE: I like that.
CHAIRMAN HANCOCK: Okay.
COMMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and a second. Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing known, motion carries
unanimously.
Item #12C1
INTERLOCAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE INDEPENDENT FIRE
DISTRICTS WITHIN COLLIER COUNTY AND INTERLOCAL AGREEMENTS BETWEEN NORTH
NAPLES AND THE ISLE OF CAPRI AND OCHOPEE FIRE CONTROL DISTRICTS TO
PROVIDE FOR FIRE PLAN REVIEW OF CONSTRUCTION PROJECTS - APPROVED
On to Item 12(C)(1), recommendation that the BCC approve
interlocal agreements with the independent fire districts. We have
Mr. Cautero at the plate.
MR. CAUTERO: Thank you, Mr. Chairman. Good afternoon,
Commissioners. The proposals before you represent an effort
between --
CHAIRMAN HANCOCK: Mr. Cautero, would it --
MR. CAUTERO: Yes, sir?
CHAIRMAN HANCOCK: -- greatly hurt your feelings if I
ask if there's anything different from this than what board action has
been in the past?
MR. CAUTERO: No, sir, it would not.
CHAIRMAN HANCOCK: This is a continuation of what is
actually necessary for the services to occur?
MR. CAUTERO: Yes. It's -- It's a shift from plan
review from Collier County government to the fire districts with North
Naples serving as the administering agency.
CHAIRMAN HANCOCK: And it comes with your
recommendation?
MR. CAUTERO: Yes, sir, and the development service
advisory committee.
CHAIRMAN HANCOCK: I thought I'd streamline that. Are
there any other questions for Mr. Cautero?
MR. DORRILL: You have two speakers, I presume both in
favor and/or would answer questions.
CHAIRMAN HANCOCK: Would you call the public speakers in
case --
MR. DORRILL: Jim Jones on behalf --
CHAIRMAN HANCOCK: -- anyone wants to talk us out of
this.
MR. DORRILL: -- of the North Naples Fire Control and
Rescue District. And then, Mr. Budd, if I could have you stand by,
please.
CHAIRMAN HANCOCK: He's soon to be fishing.
MR. JONES: For the record, Jim Jones. I'll be happy to
answer any questions that you may have.
COMHISSIONER NORRIS: Chief Jones, are you retiring
because of this thing going forward? Is that --
MR. JONES: Well, I -- I would hope it gets carried
forward before I retire, yes. In fact, I have a bet for lunch, it --
it will go if -- I lose a bet if you don't rule today.
COMHISSIONER MAC'KIE: That's a good enough reason for
me.
CHAIRMAN HANCOCK: Headline: "BCC Supports Gambling
Fire Chief."
COMHISSIONER MAC'KIE: Oh, God.
CHAIRMAN HANCOCK: Thank you, Chief.
COMHISSIONER MAC'KIE: And you guys just want to let Mr.
Budd get up here so you can see his tie. Go Cators.
MR. BUDD: Commissioners, Russell Budd for the record,
representing Golden Gate Fire Control and Rescue District and also an
active builder in Collier County, and we support Mr. Cautero and the
county's efforts to -- to streamline the procedure from what now
exists.
CHAIRMAN HANCOCK: I'll close the public hearing.
COMMISSIONER MAC'KIE: I --
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER MAC'KIE: Second.
One more good idea, Mr. Cautero. You're just doing such
a wonderful job, and this is one more good one. MR. CAUTERO: Thank you.
CHAIRMAN HANCOCK: Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: That was four?
COMMISSIONER NORRIS: That's four.
CHAIRMAN HANCOCK: Motion is 5-0. Carries unanimously.
Item #12C2
EMERGENCY DECLARED. ORDINANCE 97-2 AMENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, AMENDING SECTION 2.6.2.2,
ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS - ADOPTED
On to Item 12(C)(2), an emergency ordinance amending
91-102, the Collier County Land Development Code regarding accessory
structures. This had something to do with the Marco Island situation,
I believe.
MR. ARNOLD: Yes, sir. For the record, Wayne Arnold,
planning services director. This is the emergency ordinance amendment
we're bringing back to you that you heard just before the holiday
break. And, again, just to refresh everyone's recollection, we, after
we amended the Land Development Code back in November, came across a
building problem that was occurring on Marco Island due to some of the
FEHA building height regulations and the new setback for waterfront
lots that we brought forward during that amendment cycle. You
directed us to look at a geographic specific amendment that would
address the Marco Island situation.
CHAIRMAN HANCOCK: Yeah. Mr. -- Excuse me, Mr. Arnold.
Has anything changed since we had a substantial hearing on this
previously?
MR. ARNOLD: No. We are -- We are bringing forward just
the recommendation for a 7-foot maximum height with 4 feet of exposed
stem wall to resolve the issue on Marco Island and Isles of Capri.
CHAIRMAN HANCOCK: Mr. Dorrill, do we have any registered
speakers?
MR. DORRILL: No, sir.
CHAIRMAN HANCOCK: I'll close the public hearing.
Mr. Weigel.
MR. WEIGEL: Just a point of procedure, and that is,
this is an emergency ordinance, so there will be two votes that would
be necessary, the first one by a super majority vote requirement to
declare an emergency. And then if that is successful, then the actual
vote on the amendment would require an absolute majority or a 5-0
vote.
CHAIRMAN HANCOCK: Thank you.
Do we have a first motion?
COHMISSIONER CONSTANTINE: Mr. Chairman, I'd like to
take this opportunity to make a motion we declare an emergency.
COHMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and a second. Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, is there a second
motion?
COHMISSIONER NORRIS: Motion to approve.
COHMISSIONER HAC'KIE: Second.
CHAIRMAN HANCOCK: Motion and a second. Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, Item 13(A)(1) [sic]
carries.
We are now to Board of County Commissioners'
communications. I have --
COMHISSIONER CONSTANTINE: I'm --
CHAIRMAN HANCOCK: I'm sorry. I was just saying I -- I
have nothing listed, but then again I wasn't here, so --
COMMISSIONER MAC'KIE: We have --
CHAIRMAN HANCOCK: -- let me start at the left with
Commissioner Berry.
MR. DORRILL: 13(A)(1), Mr. Chairman.
COMHISSIONER MAC'KIE: 13(A)(1).
COMHISSIONER BERRY: 13.
COMMISSIONER CONSTANTINE: We just did -- That was
12(C)(2).
CHAIRMAN HANCOCK: See? I'm trying to be so efficient
that I'm skipping items.
COMHISSIONER MAC'KIE: Keep going though.
CHAIRMAN HANCOCK: Okay.
COMHISSIONER MAC'KIE: That's all right.
Item #13A1
RECONSIDERATION OF PETITION V-96-22, R. BRUCE ANDERSON REPRESENTING
ALBERT J. SOCOL REQUESTING A 25 FOOT VARIANCE FROM THE REQUIRED 50 FOOT
MAXIMUM HEIGHT LIMIT TO 75 FEET FOR PROPERTY LOCATED IN THE LA
PENINSULA DEVELOPMENT - RECONSIDERATION APPROVED UPHOLDING PRIOR BCC
ACTION
CHAIRMAN HANCOCK: 13(A)(1), reconsideration of --
There's people in the audience saying, "What just happened?"
Reconsideration of Petition No. V-96-2, Mr. Anderson
representing Mr. Albert Socol, a 25-foot variance for La Peninsula.
This item, as many of you know, was heard previously by the board.
The merits of the situation were discussed at that time. Mr. Weigel,
correct me if I'm wrong. The purpose of this hearing is to satisfy
noticing requirements on your recommendation. If it's the board's
pleasure, I don't think a rehearing of the issues that were heard
previously is necessary; however, any new information or speakers that
did not have the opportunity to speak then are, of course, welcome.
That would be my -- my intent on this item. Is that acceptable to the
board?
COHMISSIONER CONSTANTINE: Yes.
COHMISSIONER BERRY: Yes.
CHAIRMAN HANCOCK: Okay. With that being said,
Mr. Weigel.
MR. WEIGEL: Yes. You're absolutely correct, and I
think that you may have the record reflect that all of the evidence
and testimony and materials that were before the board at the previous
hearing, of which this is a reconsideration of, are part of this
record today, which I'll ask in the motion to state it.
CHAIRMAN HANCOCK: We'll ask that should a motion be
taken that be included in the motion.
COHMISSIONER HAC'KIE: This is a public hearing?
CHAIRMAN HANCOCK: Yes. Is there anything additional in
the staff presentation or different from what we have heard
previously?
MR. BELLOWS: No, sir.
MS. STUDENT: Madam Court Reporter, they need to be
sworn.
THE COURT REPORTER: Anyone who is going to testify
raise your right hand.
CHAIRMAN HANCOCK: Anyone who is going to testify or
speak on this item, please stand and raise your right hand.
(The speakers were sworn.)
CHAIRMAN HANCOCK: Thank you.
MR. BELLOWS: No, Commissioners.
CHAIRMAN HANCOCK: Okay. Does the petitioner have any
comments at this time?
MR. ANDERSON: Not at this time, sir.
CHAIRMAN HANCOCK: Then we'll go to public speakers,
Mr. Dorrill.
MR. DORRILL: Mr. LeBlanc. Mr. Yovanovich, I need you
to stand by, please.
MR. LEBLANC: Thank you very much. My name is Robert
LeBlanc. I have been sworn. 302 La Peninsula Boulevard. As a former
county commissioner and city manager and city counselor of
Massachusetts, I can appreciate what you guys are doing and -- and
make the clear assumption that you're here to make sure everyone is
heard. When I saw Mr. Perkins here, it brought back some memories
that I pro -- I probably would choose rather not to have re --
revisited.
I want to thank the board for whatever reasons. I am
also an attorney in Massachusetts, so I understand the county
attorney's interest in trying to cure the record. But I -- I
appreciate the fact that this meeting was held under a motion for
reconsideration because, quite frankly, your certified letter was the
first notice that my wife and I as unit owners of 302 La Peninsula had
of any government body action relative to this particular development.
Now, I did have an opportunity to -- I'm glad you had
the -- the agenda and the book out front, and I'm sure the executive
secretary made sure that happened. I had an opportunity to read the
staff report, and a number of things came out to me that sparked some
degree of interest. There's heavy reliance on the fact that Building
700, the so-called Beirut building, is a decided eyesore and nuisance
to the community and to the owners of La Peninsula, but I would
suggest to you that that's the exact condition that this developer saw
when he bid on the property with RTC, and his bid I -- I would imagine
and assumption of the risk included whatever financial consideration
would be required to have completed Building 700. And, in fact, in his
marketing plan, he shows Building 700 to be a project to be completed,
and the 6.82 acres that are subject of this petition less that 700
building were clearly laid out as future development of 50 units. So
this current developer certainly saw no financial hardship and
anticipated financial cost of finishing the building. Unfortunately
as of now -- and he has until the 15th of this month -- he has failed
to pick up his building permit to -- to do it.
So I would suggest to you that considering the condition
of 700 building as something that would constitute a financial
hardship to Mr. Socol who hopes to fill the shoes of the current
developer, it would not be a proper consideration for variance
purposes.
The other matter which is of -- of interest is the
interest -- the issue of height. Now, it's represented as a very
simple, straightforward petition. If we want to get this one project
ever moved in the last ten years -- I've been an owner for ten
years -- off the ground and eliminate the problems, a simple change in
height equal to Marco Towers doesn't seem to be all that big a deal.
Well -- and we're saying with the same number of units which is
assumed to be no change in density. Well, we know that the square
footage of the units is going to change to make them more marketable
or a different market than existing units and that the footprint for
the buildings is going to change considerably from what was originally
approved by this body some -- many years ago. That does not increase
open spaces as alleged in the staff report, but the increase of the
footprint and the change in the footprint significantly changes, in my
view, the open space provisions and diminishes open space by
increasing parking facilities, increasing runoff, further exacerbating
the runoff problems that we have, especially during the flood period.
Right where the -- the -- The plan also proposes to
eliminate a $2.6 million asset which we've paid for, i.e., the
clubhouse and facilities, tear that down to allow for a new footprint
for the new building and to replace it with a somewhat less
serviceable, less utility facility at the exact site where the seawall
was blown out in the last storm.
I think there are many things that are not addressed in
the staff report that need to be addressed. Whether the 75 feet is
from ground-level elevation up -- in other words, 25 feet above
existing structures -- or has an entirely different face to it I think
is something that needs further review by the staff. Thank you very
much.
CHAIRMAN HANCOCK: Thank you.
MR. YOVANOVICH: For the record, Rich Yovanovich, and I
too have been sworn. I am here solely for the purpose of again
renewing my clients' objection to the procedures that have brought us
to today. I'm only here for that purpose. I'm not here to get into
the merits of whether or not the variance should be granted.
Essentially we have objected and continue to object to
the notice -- the notice that was provided for the Planning Commission
hearing. Since we believe that the notice was not properly provided,
the action taken by the Planning Commission is void because they did
not have a properly notified meeting. If the Planning Commission
action is void because they did not have a properly notified meeting,
you don't have the first requirement met for the Board of Zoning
Appeals to consider the petition, and that is that you have a report
from the Planning Commission and recommendations to consider.
Secondly, the notice for the board meeting held on
December 10 was also not properly notified for two different ways --
reasons. The first reason is that the LDC requires that you advertise
15 day -- at least 15 days after the completion of the Planning
Commission meeting. Obviously it's our position you didn't have a
Planning Commission meeting because it wasn't properly notified. But
even if you did, you didn't notify that hearing properly either,
because you had it well within 15 days of the Planning Commission
meeting.
Secondly, even if I am wrong and you can advertise them
concurrently, the notice was published in the paper on November 27 for
a December 10 hearing. That's only 13 days between the hearing.
You're required to do 15 days. Again, that was a notice problem.
Since your hearing was improperly noticed for December 10, any action
you took at that meeting, which was the approval of this petition, was
void. If your action was void, you have nothing to reconsider.
So essentially our position is we shouldn't be here
today. You didn't properly notisfy (phonetic) the Planning -- notify
the Planning Commission meeting; therefore, you didn't have a record
from a Planning Commission to consider at your board meeting. Also
you didn't properly notify the Board of Zoning Appeals hearing;
therefore, you didn't have a legitimate and valid action. Your action
was void; therefore, you can't reconsider anything, and right now we
shouldn't even be going forward at this point. You should rescind
your action taken on December 10, and we should go back and
readvertise all of this properly. That's all I have to say. If you
have any questions, I'm happy to answer them.
CHAIRMAN HANCOCK: I'm sure, Mr. Weigel, you have
probably entertained these questions previously, but for the benefit
of the record, do you feel that the board's action today is consistent
with noticing requirements set forth?
MR. WEIGEL: I do. And a further postscript: I think
Mr. Yovanovich has indicated that he has filed a petition for writ of
certiorari concerning the Planning Commission but not concerning this
board. The reconsideration that the board is doing today is exactly
that, a reconsideration and it has -- therefore, as an ongoing,
legitimate agenda item, you will make a determination today which is
the determination on this item and the recommendations that are before
you.
And, of course, I always note that the Planning
Commission is a recommendatory body and not an ultimate deciding body.
You are the ultimate deciding body. And we have had a surfeit of
notice going out since the December date and today's hearing date. So
you may proceed.
MR. YOVANOVICH: I -- I just want to clarify the record
on that. The petition for writ of certiorari goes beyond challenging
the Planning Commission action. It also challenges what's going on
today. I didn't want anybody to -- to be mislead by that. And
that's -- that's the only clarification I wanted to make.
CHAIRMAN HANCOCK: Thank you, Mr. Yovanovich.
MR. WEIGEL: And we have not received that petition yet.
CHAIRMAN HANCOCK: Okay. Next speaker, Mr. Dorrill.
MR. DORRILL: Mr. Scofield, then Mr. Allen.
MR. SCOFIELD: I'm William Scofield. Yes, I have been
sworn. My wife and I own a unit, 232 at La Peninsula. I appear today
in support of Mr. Socol's application for a zoning variance, and I
trust that the board will do, in essence, what it has already done,
and that is to grant the variance which, in my opinion, and the
opinion of many others of us, is consistent with the original
character of this development as it was planned some eight or ten
years back.
The record shows that two developers have failed badly
in their mission to complete the project. The thin hope of waiting
for a fourth developer to maybe some day show his head and show his
hand, show what he can do, that waiting can only prolong the
deterioration that is taking place, the reduction in property values
that we are -- all are observing and living with.
I urgently request the board to grant Mr. Socol's
petition to allow him to pursue his mission to a successful completion
which will be a distinct credit and will result in increase of
property values to everyone concerned. Thank you. CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Following Mr. Allen, we have Mr. Martin.
CHAIRMAN HANCOCK: And who will be following Mr. Martin,
Mr. Dotrill?
MR. DORRILL: Mr. Wilcox.
MR. ALLEN: (Raising hand)
THE COURT REPORTER: Do you need to be sworn?
MR. ALLEN: Yes.
(Mr. Allen was sworn.)
MR. ALLEN: Thank you for hearing us, Commissioners. My
name is Douglas Allen. My wife and I have owned Unit 635 at
La Peninsula since 1988, and we are directly next to this unfinished
structure that we have talked about before, and it is an eyesore.
We believe that two new condominiums that are -- that
are proposed will not only be an enhancement to the operation there,
but it will give us more viewing area from the compound compared to
the early 1980s' design which really creates a wall.
The president of -- precedent of Marco Towers elevation
is -- of 75 feet is obvious, and they're right next door to us. The
additional height permits building upscale, modern units which we
firmly believe will -- will add to the value of -- of all of the
owners and I think too the -- from what I've seen, this mix of unit
sizes is rather common in developments here.
In summary, we believe the new proposal is good for
La Peninsula; will indeed be followed through, and that's very
important; will enhance our values, improve our views, and we highly
recommend it. We would be, frankly, so happy to have our last seven
years of developer troubles end and have a finished upscale community.
Thank you very much.
CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Mr. Martin, then Mr. Wilcox.
MR. HARTIN: I'm Ken Martin. My principal residence is
206 La Peninsula.
CHAIRMAN HANCOCK: I'm sorry, Mr. Martin. Have you been
sworn in?
MR. HARTIN: Yes, I have.
CHAIRMAN HANCOCK: Have you spoken on this item
previously?
MR. HARTIN: Yes, I have, and I'll try not to take --
take the time to repeat things that I've said before. CHAIRMAN HANCOCK: Thank you.
MR. HARTIN: I've lived in La Peninsula since 1988 when
construction stopped, and -- and nothing has -- has happened
significantly before with the exception of the completion of one
building. But we have had experience with -- with two developers who
have proven quite significantly that the project cannot be done
successfully the way it was originally laid out, and we are now
looking forward to a developer coming in and building a project that
is marketable and has a chance to be successful, and we look forward
to this project being completed perhaps in our lifetimes, and this may
be our only hope. Thank you.
CHAIRMAN HANCOCK: Thank you.
MR. DORRILL: Mr. Wilcox. Mrs. Wilcox, did you wish to
speak also?
MS. WILCOX: I'll waive.
MR. DORRILL: Okay.
MR. WILCOX: I need to be sworn.
(Mr. Wilcox was sworn.)
MR. WILCOX: My name is Robert Wilcox. I'm a new member
to Collier County. I live at 132 La Peninsula Boulevard. I'm a
retired building inspector from the town of Narragansett,
Rhode Island. I sat on a zoning board for nine years, and I also sat
five years on harbor river management. I'm in both favor -- I think
Mr. Socol is in the Collier County comprehensive plan. I think his
plan is -- would be excellent for La Peninsula and also for the
community.
The -- the -- the building variance that he has would be
no more than Lochmoor Towers which is in the same general area as -- I
mean, I hope you would consider that. It would be great for the
county to see this project finally get off and everybody would be at
rest. Thank you.
CHAIRMAN HANCOCK: Thank you. Welcome to Collier
County.
MR. DORRILL: Mr. Carse, and then Ms. Compton.
MR. CARSE: Commissioners, my name is George Carse. I
live at Isles of Capri at La Peninsula, and I -- I just want to take
the brief opportunity --
THE COURT REPORTER: Have you been sworn?
MR. CARSE: Yes, I have been sworn -- brief opportunity
to urge -- strongly urge your approval to Mr. Socol's request for a
height variance for two buildings at La Peninsula. In urging you to
grant your approval, I would only urge you to keep in mind what has
been stressed that you would be exceeding to the wishes of the
majority -- the overwhelming majority of the unit owners at
La Peninsula and also the -- the fact that there has not been a single
objection from the homeowners immediately adjacent who are not in
La Peninsula. There are no objections. And as other speakers have
mentioned and then -- there's precedent right next door to us at Marco
Towers where the -- the height vary -- the height there is at 75 feet.
We urge your approval, and in so doing you will be
granting the wishes of so many owners who have been awaiting a moment
like this, and this first step will allow it to continue and go
forward. Thank you for your time.
MR. DORRILL: Miss Compton.
MS. COMPTON: I waive.
MR. DORRILL: That's all, Mr. Chairman.
CHAIRMAN HANCOCK: I will -- Actually, I do have some
questions for Mr. Anderson briefly just on the new items or new issues
that have been raised today.
MR. ANDERSON: Yes, sir.
CHAIRMAN HANCOCK: One raised by a new speaker that we
discussed before, but for the benefit of the record, I understand the
physical difference in height between the existing building and the
proposed structure is 25 feet or less; is that true? MR. ANDERSON: That is correct.
CHAIRMAN HANCOCK: The physical height. We're not
playing games with the elevation?
MR. ANDERSON: No. The difference in the roof lines is
25 feet.
CHAIRMAN HANCOCK: Okay. The second thing is,
Mr. Weigel, by approving this variance, we are not de facto approving
a site plan or removal of existing facilities. Those are issues that
the homeowners' association has control over, not this board. Is
that --
In other words, we're not, in essence, approving a site
plan today. That still has to go through the site-planning process
through our county department, and any facilities that are belonging
to the association will have to be dealt with on another level; is
that correct?
MR. WEIGEL: That's correct.
CHAIRMAN HANCOCK: Okay. And Mr. Anderson, you heard
that at least a unit owner has filed suit against the county regarding
noticing requirements. Will you, as a representative of the
petitioner, indemnify the county in any lawsuit filed regarding
noticing requirements?
MR. ANDERSON: Yes. We agreed to step in and represent
the county. That was incorporated into the approval -- original
variance approval. In connection therewith, Mr. Yovanovich failed to
disclose who he represents today objecting on the notice, and I'd like
to have that on the record, please.
CHAIRMAN HANCOCK: That's fine. The important thing for
me is the taxpayer is not going to spend time or money in -- in this
type of lawsuit. Are there any other questions by members of the
board?
Seeing none, I'll close the pu --
MR. WEIGEL: Disclosures?
CHAIRMAN HANCOCK: I'm sorry?
MR. WEIGEL: Do you have individual disclosures?
CHAIRMAN HANCOCK: Oh, yes. Can we ask for disclosures
from each commissioner? Commissioner Berry, have you spoken to anyone
regarding --
COHMISSIONER BERRY: Yes, I have.
CHAIRMAN HANCOCK: And you will base it on what you hear
today?
COHMISSIONER BERRY: On my -- I thought we did that the
last time. I didn't know that was the same. CHAIRMAN HANCOCK: On each item.
COHMISSIONER BERRY: On each item. Okay. Same
situation. I'll base my opinion on what I've heard today.
CHAIRMAN HANCOCK: Commissioner Constantine?
COHMISSIONER CONSTANTINE: Yes.
CHAIRMAN HANCOCK: Commissioner Mac'Kie?
COHMISSIONER HAC'KIE: Yes.
CHAIRMAN HANCOCK: Commissioner Norris?
COHMISSIONER NORRIS: I have had numerous contacts from
all sorts of channels and people on this, but I am going to base my
decision on what I've heard here today.
COHMISSIONER CONSTANTINE: Someone is channeling your
messages, Mr. Norris?
CHAIRMAN HANCOCK: Welcome to the third plane of the
board.
And, likewise, I have had some contact. I will base my
decision on what was presented today.
Mr. Yovanovich, it's not typically a rebuttal situation.
MR. YOVANOVICH: I'm not rebutting. I'm -- Mr. Anderson
asked if I could tell you who I represent today, and I'm happy to put
that on the record.
CHAIRMAN HANCOCK: Please do then.
MR. YOVANOVICH: Okay. The lawsuit was filed on behalf
of Joseph and Diane Barravecchio, Robert and Sandra Baker, Bruce
Dobberteen, Don Kostic, John Faulhaber, and Stephen and Helen
Richards.
CHAIRMAN HANCOCK: And are all residents of
La Peninsula?
MR. YOVANOVICH: They are all residents of La Peninsula.
CHAIRMAN HANCOCK: Okay. Thank you. With that, I will
close the public hearing.
I understand that -- and I'm sorry. Mr. Weigel, I'm
going back. We -- Is one motion sufficient on this item if there is
to be a motion?
MR. WEIGEL: I -- Well, yes. This is the actual item
that you're having.
COHMISSIONER CONSTANTINE: Do we need to take a motion
if we're supporting our prior action?
MR. WEIGEL: I would suggest that you make a motion
today for the approval. This is a reconsideration, and it will go
beyond the previous meeting.
CHAIRMAN HANCOCK: Okay.
COHMISSIONER NORRIS: So moved.
CHAIRMAN HANCOCK: We have a motion to approve the
reconsideration of Petition 96 -- V-96-22.
COHMISSIONER CONSTANTINE: So the action is upholding
our previous decision?
COHMISSIONER NORRIS: That's right.
COHMISSIONER CONSTANTINE: I'll second that.
CHAIRMAN HANCOCK: Motion and a second. Any discussion?
All those in favor please signify by saying aye.
Opposed?
(No response)
CHAIRMAN HANCOCK: Seeing none, V-96-22 is approved.
Item #14A
SELECTION FORM FOR COUNTY MANAGER - TO BE DISCUSSED AT MEETING OF
1/14/97
We are now to Item 14, Board of County Commissioners'
communications. Commissioner Berry. COHMISSIONER BERRY: No.
CHAIRMAN HANCOCK: Okay. I'm sorry. I'm going to ask
you, as you -- as you leave to please do so quietly while we wrap up
the meeting. Thank you.
COHMISSIONER BERRY: I don't know if this is the
appropriate time, but I have in my hands the same thing that you may
have in regard to the selection form from the human resource
department on the county manager and I'd like -- somehow we need to
talk about this at some point in time.
CHAIRMAN HANCOCK: Is that something we'd like to
schedule under BCC next week?
COHMISSIONER CONSTANTINE: That would be great.
CHAIRMAN HANCOCK: Is everyone ready to do that at this
time?
form.
COHMISSIONER BERRY: Well, it was -- my question is that
CHAIRMAN HANCOCK: Okay.
COHHISSIONER BERRY: Okay? I don't know how you found
that form. I found it rather cumbersome in what I have to deal with,
but I'm not so sure that -- just a discussion among the board members
at a meeting might not suffice for --
CHAIRMAN HANCOCK: Why don't we -- Why don't we place a
discussion item on the agenda for next week regarding the selection of
a new county manager. In the meantime, I'm going to ask you to sit
with human resources and -- and discuss that individually or with the
county manager on what difficulties you may have with the form. And
then if there are still problems remaining, we can -- we can have
those heard next week. Would that meet your --
COHMISSIONER BERRY: That's fine.
CHAIRMAN HANCOCK: -- your suggestion?
COHMISSIONER BERRY: Sure.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: Mr. Cautero, the density
issue is due to come back to us when? I'm just trying to pinpoint
that. I'm going to speak to a number of homeowners' groups coming up.
MR. CAUTERO: Vince Cautero. We're probably going to
come January 21 and maybe January 28, and staff and I are still having
some discussions with -- with various parties on that.
COHMISSIONER CONSTANTINE: Thank you.
MR. CAUTERO: Okay.
CHAIRMAN HANCOCK: Commissioner Mac'Kie.
COHMISSIONER HAC'KIE: Just one thing. I wanted to
bring to your attention that I've asked the county attorney to do some
research and give me an opinion because I've had it asserted to me by
several attorneys who I think -- whose opinions I respect in this
community that -- that we may be at risk of some individual liability
where we took action or if we took action against the advice of our
attorney. This has to do with the partial-year assessment fee and
that there is, in fact, even a complaint drafted against us
individually, and I -- I want to bring this up in a public meeting
just to try to get it -- get some attention on the issue so we can get
an answer to the question because if -- we, frankly, should have had
that advice already if, in fact, we are at risk of any personal
liability.
CHAIRMAN HANCOCK: Can I ask that you frame that
question in a memorandum to the county attorney and ask the county
attorney to place it on the agenda as soon as you have the response to
that request? Is that --
COHMISSIONER HAC'KIE: Not a problem. I think he
already understands the question.
MR. WEIGEL: We already have the question.
CHAIRMAN HANCOCK: Okay. Okay. Then I'll just -- At
your discretion, when you have a sufficient response to it, if you'd
place it on the agenda.
Commissioner Norris.
COHMISSIONER NORRIS: Nothing.
CHAIRMAN HANCOCK: I have nothing. Mr. Weigel.
MR. WEIGEL: No, thank you.
Item #15A
JOINT CITY/COUNTY WORKSHOP TO BE HELD AT A LATER DATE IN JANUARY, 1997
CHAIRMAN HANCOCK: Hr. Dorrill.
HR. DORRILL: I have one thing. I've received a request
from the city manager concerning a desired joint workshop with the
county commission. I received this request after the board had
adjourned for the holiday, and I told him it would not be until today
that I would have an opportunity to -- to extend that invitation to
the board.
COHHISSIONER NORRIS: Does this concern ducks in any
form?
MR. DORRILL: No ducks. It --
COHMISSIONER CONSTANTINE: Is there a proposed agenda
or '-
MR. DORRILL: Yes, sir, there is. There are three.
They -- They'd like to have a discussion concerning the current and
proposed interim government service fee votes that have been taken
recently, the board's plans and desires, and how the city could
participate concerning economic development issues in 1997, and also a
desire to revisit options for the Bayview Park fueling concession that
the board had discussed on one prior occasion. They would like to
meet as early as next Monday, which would be the 13th.
CHAIRMAN HANCOCK: I think that's -- I -- I do have some
things. If we're going to have that meeting, I have at least one item
to add to the list. I think Monday is a -- is a little quick for some
of our schedules. I don't know about you folks. I already have
things scheduled for Monday I'd have to cancel. What I'd like to do
is put it two to three weeks out and have Miss Filson coordinate with
the -- with the commission's schedules on what might be the best day
and -- and through -- through your office with the city.
COHMISSIONER CONSTANTINE: Toward the end of the month.
CHAIRMAN HANCOCK: Yeah. Toward the end of January I
think would be more fitting, particularly since we have some makeup to
do from being on break for -- for a period of time. Why don't we
shoot for the end of January on an available date and --
MR. DORRILL: I -- I'll convey that to the mayor and the
city manager then --
CHAIRMAN HANCOCK: And --
MR. DORRILL: -- somewhere -- We typically have these
either on Monday or Wednesdays when the council does not have a
regular council meeting.
CHAIRMAN HANCOCK: Either one is fine, but let's
coordinate with schedules as best we can and also ask that we prepare
items ahead of time if you have joint discussion items individually.
MR. DORRILL: That's all that I have, Mr. Chairman.
CHAIRMAN HANCOCK: Miss Filson.
MS. FILSON: No, sir.
COHMISSIONER CONSTANTINE: Just, if we can avoid
Wednesday, the 29th, for that as you schedule --
MR. DORRILL: I'll -- I'll try to stick to Mondays.
CHAIRMAN HANCOCK: Okay. Good enough. This meeting's
adjourned.
***** Commissioner Constantine moved, seconded by Commissioner Mac'Kie
and carried 4/0 (Commissioner Hancock out), that the following items
under the consent agenda be approved and/or adopted: *****
Item #16A1
CONTRACT RENEWAL WITH THE FLORIDA DEPARTHENT OF ENVIRONHENTAL
PROTECTION (FDEP) TO PARTICIPATE IN STATEWIDE GROUND WATER QUALITY
MONITORING EFFORT
Item #16A2 - This item continued to 1/14/97
Item #16A3
ACCEPTANCE OF WATER AND SEWER FACILITIES FOR QUAIL WEST, PHASE ONE,
BLOCK A - WITH STIPULATIONS
O.R. Book Pages
Item #16A4
RESOLUTION 97-001 DEFERRING 100e OF THE IHPACT FEES FOR A 248 UNIT
AFFORDABLE HOUSING PROJECT TO BE BUILT BY HERON PARK PARTNERS, LTD., A
FLORIDA LIMITED PARTNERSHIP IN COLLIER COUNTY, FLORIDA, FROM LIBRARY
IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT
FEES, EMERGENCY MEDICAL IMPACT FEES, WATER IMPACT FEES, SEWER IMPACT
FEES, AND EDUCATIONAL FACILITIES IMPACT FEES FOR HERON PARK APARTMENTS,
A 248 UNIT AFFORDABLE RENTAL PROJECT
Item #16A5
FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY GRANT AWARD AND
APPROVAL OF THE RELATED BUDGET AMENDMENT
Item #16A6 - This item continued to 1/14/97
Item #16A7
RECORD THE FINAL PLAT OF "GREY OAKS UNIT SIX" - WITH PERFORMANCE BOND
AS SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT & STIPULATIONS
Item #16B1
BUDGET AMENDMENT FOR THE NAPLES PARK DRAINAGE PROJECT
Item #1682
WORK ORDER WHBP-FT-96-13 WITH WILSON, MILLER, BARTON & PEEK, INC.
(WHBP) TO PROVIDE STORHWATER MANAGEMENT SYSTEM DESIGN AND OUTFALL
CONSTRUCTION PLANS FOR GOLDEN GATE BOULEVARD PROJECT NO. 63041, CIE NO.
62 - IN THE A~OUNT OF $89,835.00
Item #1683
BUDGET AMENDMENT RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 1996 FOR THE
MARCO ISLAND LIBRARY ADDITION PROJECT IN FUND 355
Item #1684
ADDITION OF ONE (1) 15-CUBIC YARD, DIESEL POWERED, DUMP TRUCK TO BID
#96-2549 FOR USE BY THE WASTEWATER COLLECTIONS SECTION AWARDED TO
WALLACE INTERNATIONAL IN THE AMOUNT OF $72,777.77
Item #1685
PURCHASE OF ONE 1 1/2-TON CAB AND CHASSIS TRUCK (WITH UTILITY BODY,
2-TON CRANE, AND 10-HP AIR COMPRESSOR) - AWARDED TO TAMIAMI FORD, INC.,
FOR THE WASTEWATER COLLECTIONS SECTION IN ACCORDANCE WITH BID #96-2604,
IN THE AMOUNT OF $52,866.00
Item #1686 - This item has been deleted
Item #1687
AMENDMENT NO. THREE TO PROFESSIONAL AGREEMENT WITH METCALF AND EDDY FOR
THE NRWTP 8-HGD EXPANSION PROJECT
Item #1688
AWARD BID #96-2554 FOR BERH MAINTENANCE FOR THE SOUTH COUNTY REGIONAL
WASTEWATER TREATMENT FACILITY TO ASTRO LAWN SERVICES, INC. - IN THE
A_MOUNT OF $26,880.00
Item #1689
CHANGE ORDER NO. 1 TO THE CONTRACT TO CONSTRUCT THE RECLAIMED WATER
TRANSMISSION MAIN FROM QUAIL CREEK TO THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT, PHASE I, CONTRACT NO. 96-2581 WITH MITCHELL & STARK
CONSTRUCTION COMPANY IN THE A_MOUNT OF $57,302.55
Item #16B10
IMPLEMENT ROADWAY MAINTENANCE AND ROADSIDE LANDSCAPING IMPROVEMENTS
ALONG VANDERBILT DRIVE BETWEEN VANDERBILT BEACH ROAD AND lllTH AVENUE
- WITH STIPULATIONS
Item #16Bll - This item has been deleted
Item #16B12
AWARD CONTRACT TO SOVEREIGN CONSTRUCTION GROUP TO CONSTRUCT "RIVIERA
COLONY UTILITY IMPROVEMENTS - PHASE II", BID #96-2588, IN THE AMOUNT OF
$898,301.70
Item #16B13
APPROPRIATE FY 96/97 ADDITIONAL CARRY FORWARD TO OPERATING FUND (131)
MARCO ISLAND BEAUTIFICATION H.S.T.U. DISTRICT, FOR CONTINUED SOD/MEDIAN
LANDSCAPE REFURBISHHENT - IN THE AMOUNT OF $72,500.00
Item #16B14
AWARD A CONTRACT FOR MEDIAN AND SELECTED PUBLIC AREA GROUNDS
MAINTENANCE FOR THE LELY GOLF ESTATES BEAUTIFICATION H.S.T.U.; BID NO.
96-2597; TO ADVANCED LAWN AND LANDSCAPING SERVICE, INC.; IN THE ANNUAL
AMOUNT OF $25,670.00 AND CONTRACT INCIDENTALS IN THE AMOUNT OF
$3,000.00 TO COVER UNANTICIPATED LANDSCAPING/LABOR EXPENSES
Item #16C1
AWARD BID #96-2595 TO AQUA-MATIC IRRIGATION SYSTEMS, INC., FOR REPAIRS
TO IRRIGATION SYSTEMS WITHIN THE COLLIER COUNTY PARK SYSTEM
Item #16C2
TIME EXTENSION RELATIVE TO THE CONCEPTUAL APPROVAL AGREEMENT WITH THE
DEPARTMENT OF COHMUNITIES AFFAIRS, FOR GRANT MONIES ASSOCIATED WITH THE
DEVELOPMENT OF SUGDEN REGIONAL PARK
Item #16C3 - This item continued to 1/14/97
Item #16C4
WORK ORDER VB-17 TO INSTALL A POOL SLIDE AT THE GOLDEN GATE AQUATIC
COMPLEX TO VANDERBILT BAY CONSTRUCTION, INC. - IN THE AMOUNT OF
$63,191.00
Item #16C5
APPROVE EMERGENCY ROOF REPAIRS TO THE GOLDEN GATE PARK ADMINISTRATION
BUILDING - WITH CROWTHER ROOF CHECK IN THE A_MOUNT OF $2,377.00
Item #16D1
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY
EMERGENCY MEDICAL SERVICE DEPARTMENT
Item #16El
CONTRACT WITH THE NAPLES AREA CHAMBER OF COHMERCE FOR $125,000 CATEGORY
B TOURIST DEVELOPMENT FUNDS
Item #16E2
CONTRACT WITH THE NAPLES AREA ACCOHMODATIONS ASSOCIATION FOR $489,058
CATEGORY B TOURIST DEVELOPMENT FUNDS
Item #16E3
BUDGET AMENDHENTS 97-070 AND 97-077
Item #16G1
CERTIFICATE FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE
PROPERTY APPRAISER'S OFFICE
1992 Real Property
Dated
No.
217 12/05/96
1993 Real Property
251 12/05/96
1994 Real Property
211 12/05/96
214 12/11/96
1995 Real Property
262 11/08/96
264 12/05/96
265 12/11/96
1996 Tangible
41 12/03/96
44-46 12/11/96
47-48 12/13/96
49 12/19/96
1996 Real Property
003 10/16/96
20-25 11/05/96
33-38 11/08/96
51 11/18/96
55 11/19/96
59-60 12/03/96
61 12/04/96
64-68 12/05/96
69-70 12/06/96
71-72 12/11/96
73 12/13/96
74 12/16/96
76 12/20/96
77 12/27/96
78 12/30/96
81-82 01/02/97
83 01/03/97
Item #1662
SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER
Item #1663
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
Board of County Commissioners has been filed and/or referred to the
various departments as indicated:
Item #16H1
BUDGET AMENDMENT TO CLEAN UP FISCAL YEAR 1995 DEBT SERVICE
APPROPRIATIONS
Item #16H2
CARRY FORWARD FROM FISCAL YEAR 1995 IN FUND 137
Item #1611
SATISFACTION OF THE AGREEMENT FOR EXTENDED PAYMENT OF BENSON STREET
PAVING ASSESSMENT DISTRICT (DONALD G. & LINDA HAZEL)
Item #1612
RESOLUTION 97-002 APPROVING THE PRICES FOR THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES AND THE COLLIER COUNTY LDC; ESTABLISHING THE
INCREASED PRICE FOR THE ANNUAL SUPPLEMENT SERVICE FOR THE CODE BOOKS;
AUTHORIZING MUNICIPAL CODE CORPORATION TO CONTINUE TO BE THE VENDOR AND
DISTRIBUTOR FOR THE PURCHASE BY THE GENERAL PUBLIC OF THE CODE BOOKS
AND THE ANNUAL SUPPLEMENT SERVICE; AUTHORIZING THE COUNTY ATTORNEY OR
HIS DESIGNEE TO AUTHORIZE MUNICIPAL CODE CORPORATION TO PRINT AND STORE
THE NECESSARY COPIES OF THE CODE BOOKS FOR PURCHASE BY THE GENERAL
PUBLIC AND SUPERSEDING RESOLUTION NO. 94-788
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:17 p.m.
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ATTEST:
DWIGHT E. BROCK, CLERK
TIMOTHY L. HANCOCK, CHAIRMAN
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY:
Barbara Drescher and Christine E. Whitfield, RPR