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BCC Minutes 10/28/1997 R REGULAR MEETING OF OCTOBER 28, 1997 OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:06 a.m. in REGULAR SESSION in Building F of the Government Complex, East Naples, Florida, with the following CHAIRMAN: members present: ALSO PRESENT: Timothy L. Hancock Pamela S. Mac'Kie John C. Norris Timothy J. Constantine Barbara B. Berry Bob Fernandez, County Administrator David Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HANCOCK: Good morning. I'd like to call to order the October 28th meeting of the Board of County Commissioners. This morning, as we ask Father Joseph Spinelli to bless us with an invocation, I would ask Father Spinelli and others to remember in your hearts and pray for Ms. Ernestine Cousineau, one of our long-term county employees. Ms. Cousineau is not doing well today, and Ernie will be in our thoughts and our prayers today and for some time, and Father Spinelli, if I could ask for your blessing and invocation this morning. FATHER SPINELLI: In the name of the father and of the son and of the holy spirit, amen. We stand before you, holy spirit of God, conscious of our sinfulness but aware that we gather in your name. Come to us, remain with us and enlighten our hearts. Give us light and strength to know your will, to make it our own and to live it in our lives. Guide us by your wisdom. Support us by your power for you are God. You desire justice for all, enable us to uphold the rights of others. Do not allow us to be misled by ignorance or corrupted by fear or favor. You unite us to yourself in the bond of love and keep us faithful to all that is truth. As we gather in your name, may we temper justice with love so that all our decisions may be pleasing to you and earn the reward promised to good and faithful servants. Oh, Lord, may everything we do begin with your inspiration and continue with your help so that all our prayers and all our works may begin in you and by you be happily ended, we ask this through Christ our Lord, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HANCOCK: Father Spinelli, thank you for taking the time to be with us today, and for those of you that have never attended one of his services, I think his other calling was as a stand-up comedy. It's a pleasure to see you this morning, sir. Good morning, Mr. Fernandez. MR. FERNANDEZ: Good morning, Mr. Chairman. CHAIRMAN HANCOCK: What do we have this morning on the change sheet? MR. FERNANDEZ: We have a number of changes to go over. The first is a notice of continued Item 9(B). This is board consideration for approval of a revised draft memorandum of understanding, environmental impact statement Southwest Florida between the Army Corps of Engineers, Collier County and Lee County. This is under the county attorney section of the agenda. COHMISSIONER HAC'KIE: Can we talk about why -- COHMISSIONER CONSTANTINE: Why are we continuing that? COHMISSIONER HAC'KIE: -- why are we continuing? MR. WEIGEL: No, in fact -- thank you. It's not continued. The board actually continued it from last week to this week's agenda, but it didn't appear in the agenda index -- COHMISSIONER HAC'KIE: Thank you. MR. WEIGEL: -- and I had concern for that. CHAIRMAN HANCOCK: That's not -- that's not to say we won't continue or table it later, but -- MR. WEIGEL: Right, and it was, in fact, advertised in yesterday's Naples Daily News, as it was the previous week, to give notice to people, although there's no legal requirement for advertisement here. COHMISSIONER HAC'KIE: Thank you. CHAIRMAN HANCOCK: Okay. So, it's just an administrative add-on really? MR. FERNANDEZ: Right, it's an add. COMMISSIONER MAC'KIE: Gotcha. MR. FERNANDEZ: But it was requested to be placed on the agenda last week. The next is an add. It's Item 10(C), recommendation to declare vacancies on the tourist development council. It's at the board's request. We have three continuations. The first is Item 8(D)(1). This is to be continued to the November 4th meeting. It's the approval of purchasing productivity implementation plan. It's at the staff's request in order to give the productivity committee an opportunity to see our recommendations. The next is Item 8(D)(2). This is a discussion regarding requests from Isle of Capri Advisory Board. There's going to be a town meeting on the 3rd, and it would be appropriate to consider this matter after the town meeting on the 3rd. The third item to continue is Item 9(A). This is a recommendation to consider a proposed settlement agreement regarding the Lely Barefoot Beach guardhouse litigation. COMMISSIONER MAC'KIE: I have a question about that one. MR. FERNANDEZ: It's at the county attorney's request. COMMISSIONER MAC'KIE: The question about that one is would it be helpful to the county attorney in negotiating this to have some idea -- it may be that a majority of the board supports a compromise that includes leaving the structure there, and if that's the case, then you could go forward and continue to negotiate along those lines, but if there's not a majority of the board that supports that fundamental element of the discussion, it seems to me it would be useful to you to know that as you're negotiating. MR. WEIGEL: Well, if I may, we have asked, specifically asked for the Attorney General's office to provide the county and the property owners, all parties therefore, the reasons that they have question or take issue with the proposed settlement document before us now. We have yet to receive the formal response or anything in writing or specific other than, essentially, that they don't agree with the gist of it and that it seems to be in conflict with some principles that they believe are appropriate here, and without that specificity, it makes it very difficult to get into a protracted discussion, although I think your point is well taken that some indication to staff of the general consensus of the board may be of some assistance. I will state, however, that there have been -- we must be mindful of the fact that there is an appellate process in process right now, and we are fast approaching by the end of this month the requirement that our office will go forward to do all work necessary to administer the appeal from the county standpoint of the original code enforcement board action as well as assist and tend to the case that's in the court presently. We are at the point where the extensions and continuances do not allow us to forbear any further in that regard, so we are going to have to just go forward and start to work on that unless things change more quickly. COMMISSIONER MAC'KIE: Well, for what it's worth, what I'd like to do, and I don't know if anybody else on the board wants to state their position, but my position is that I would very much like for you to continue with that appeal. I would very much -- there's some issues that are worth fighting over. Unimpeded access to the beach is one of those. I think that we should be continuing the appeal, and I'm not interested -- I won't be supporting any -- any settlement that includes the existing structure remaining in its current location. CHAIRMAN HANCOCK: Commissioner Mac'Kie, would you also be wishing to destroy the kiosks at the other parks, too, or just that one? COHMISSIONER HAC'KIE: Well, we might want to look at all of those. CHAIRMAN HANCOCK: Oh, okay. I just wanted to make sure it wasn't singling out one situation. COHMISSIONER HAC'KIE: No, I would want to -- I think we should look at all of those, but -- COHMISSIONER CONSTANTINE: Mr. Chairman -- COHMISSIONER HAC'KIE: -- I think we should, in particular, look at any that have kiosks manned by -- other than county employees. COHMISSIONER CONSTANTINE: Mr. Chairman, I find myself in the unusual position of agreeing wholeheartedly with Commissioner Hac'Kie COHMISSIONER HAC'KIE: Hey, it can happen. COHMISSIONER CONSTANTINE: -- however, however, knowing that we have had this discussion hundreds of times seemingly in the past five years, and we really are going to have a full-blown discussion on it regardless of where we go after Mr. Weigel has talked with the state, we are going to need to have a full hearing on it. I just -- I don't think it's probably fair to either the homeowners who live in that place or the folks outside who have been active for us to kind of discuss it today and then discuss it again another time. So, as much as I agree with you, I just think we probably ought to wait until we have all the facts. COHMISSIONER HAC'KIE: My -- my curiosity has to do with Commissioner Berry's position because I don't think we've discussed it since she has been on the board. CHAIRMAN HANCOCK: I guess -- COHMISSIONER BERRY: And I don't think today is the day that you're going to find out. COHMISSIONER HAC'KIE: Okay. CHAIRMAN HANCOCK: I have a problem -- COHMISSIONER BERRY: It's not on the agenda, and I agree with -- COHMISSIONER HAC'KIE: But it was. COHMISSIONER BERRY: -- Commissioner -- other than, yes, it's here and it's been pulled off, I don't think that it is appropriate unless we are going to have a full-blown discussion on it. I don't mind telling anybody where I'm at on it, but I also have some concerns over the current settlement and so forth. There's just a lot of things that need to be taken into consideration, but I would like to know where the Attorney General is at on this. CHAIRMAN HANCOCK: So would we. COHMISSIONER BERRY: I mean, from my standpoint, because I'm the new kid on the block, I'd like to know what his opposition is to the whole thing, and I don't think -- I'm not aware of it, and maybe the rest of you are. CHAIRMAN HANCOCK: Well, no one is because we had a meeting with them in which general broad issues were brought up with absolutely no details whatsoever. We requested that their objections be listed in detail and submitted to the county attorney's office by yesterday. Do we have that, Mr. Weigel? MR. WEIGEL: No, we do not. CHAIRMAN HANCOCK: Okay, we do not have that. So, I think the protocol here is important. A majority of the board asked that we at least move forward and see if there is a negotiation, and I think to pull that rug out right now is inappropriate. You have every right to not agree with it when it comes forward, but I would appreciate allowing the process to continue. COHMISSIONER HAC'KIE: Okay. COHMISSIONER BERRY: And I certainly concur with that. CHAIRMAN HANCOCK: Then that item is continued. Let's hope further continuations don't have lengthy discussion attached to it. COHMISSIONER HAC'KIE: That's the last one, so -- MR. WEIGEL: We are continuing this indefinitely without a date. Obviously, as soon as we have a date, it will come to the regular agenda submission process and be part of the regular agenda at that point. CHAIRMAN HANCOCK: Of which I saw the agenda printed in the paper in full, and I thought that was fantastic. COHMISSIONER HAC'KIE: Interesting. COHMISSIONER CONSTANTINE: We are hoping that that will be sometime before Commissioner Norris and I conclude our time on the board. MR. WEIGEL: Are you going somewhere? COHMISSIONER CONSTANTINE: Well, it's been seven or eight years since the issue started. So, another three doesn't seem like much. CHAIRMAN HANCOCK: Any further continuations or changes to the agenda? MR. FERNANDEZ: There are none, Mr. Chairman. CHAIRMAN HANCOCK: Okay. Seeing none, Commissioner Mac'Kie, do you have any changes? COHMISSIONER HAC'KIE: Nothing. Thank you. CHAIRMAN HANCOCK: Commissioner Norris. COHMISSIONER NORRIS: No changes today. CHAIRMAN HANCOCK: Commissioner Berry. COHMISSIONER BERRY: No changes. CHAIRMAN HANCOCK: Commissioner Constantine. COHMISSIONER CONSTANTINE: Just a quick note. Mr. Erlichman had asked about one item on the consent agenda. We are actually getting money from them on that issue, Mr. Erlichman, so I'm not removing it. UNIDENTIFIED SPEAKER: Thank you very much. COHMISSIONER CONSTANTINE: There will be no changes to the agenda. CHAIRMAN HANCOCK: It's going to be interesting to read that one on the record. And I have no changes. Do we have a motion? COHMISSIONER CONSTANTINE: Motion to approve the agenda and consent agenda as amended. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). Item #4 MINUTES OF REGULAR MEETING OF OCTOBER 7, 1997 - APPROVED AS PRESENTED CHAIRMAN HANCOCK: We are to Item 4, approval of minutes. COHMISSIONER CONSTANTINE: Mr. Chairman, I'll make a motion we approve the minutes of the regular meeting of this board for October 7th, 1997. COHMISSIONER BERRY: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries. Item #5A1 PROCLAMATION PROCLAIMING NOVEMBER 30, 1997 AS ANA BARBARA DAY - ADOPTED Five (A)(1), proclamations, Commissioner Mac'Hie. COHMISSIONER HAC'KIE: Yes, it's my honor to get to read a proclamation about the Latin-American Festival, and I'd like to ask Mr. Modesto Reyes, if I'm pronouncing that right, to come forward. If you guys will just come forward and face the camera in the back of the room. UNIDENTIFIED SPEAKER: I have to translate for him. COHMISSIONER HAC'KIE: Oh, wonderful. Come on up, come on up here and turn this way, and if you'll translate, that would be wonderful. I wish yours could be on the sound system instead of mine. The proclamation reads: WHEREAS, Ana Barbara, better known as the Queen of "Husica Grupera", is a native of Rio Ve de, San Luis Potosi, Mexico -- and Commissioner Norris should be reading this since he's the one who is fluent in Spanish instead of me. So, I apologize for my bad accent. WHEREAS, Ana Barbara's hits have reached the Billboard list for 30 plus weeks in the USA and Mexico; and WHEREAS, Ana Barbara is the recipient of one of the most prestigious awards in the Spanish market, "El Premio Lo Nuestro"; and WHEREAS, Ana Barbara has also won numerous other awards, including "Furia Musical"; and WHEREAS, Ana Barbara has sold millions of CDs and is very well liked by the Hispanic communities in the United States and around the world. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that November 30, 1997 be designated as Ana Barbara Day. DONE AND ORDERED this 28th day of October, 1997. Board of County Commissioners, Timothy L. Hancock, Chairman, and I would move acceptance of this proclamation. COHMISSIONER NORRIS: Second. COHMISSIONER BERRY: Second. CHAIRMAN HANCOCK: A motion and a second. All those in favor, signify by saying aye. COHMISSIONER HAC'KIE: Wonderful. CHAIRMAN HANCOCK: Congratulations. (Applause). CHAIRMAN HANCOCK: Do you want me to brief everyone on this? COMHISSIONER MAC'KIE: Yeah, why don't you. CHAIRMAN HANCOCK: For all those that are a little confused right now, you may remember a couple of years ago we had a meeting with the Hispanic Affairs Advisory Board and had discussed community celebrations that celebrated the different heritages in our community. Ana Barbara is going to be the headline performer at an event scheduled for November that is just that, a celebration of Spanish culture and heritage here in Collier County, and along with Ana Barbara is the well known Spanish group, the Platters. COMMISSIONER MAC'KIE: It's a mix of cultures. CHAIRMAN HANCOCK: It is, and comedian Elver Ramiro and others -- and the date is November 30th of this year, and she is really the next Selena as to what is going on in South America in the Hispanic culture. So, it's a tremendous headliner. It's going to be out in Immokalee. Is it going to be at the fairgrounds, Mr. Fernandez? MR. FERNANDEZ: Yes. CHAIRMAN HANCOCK: Yes, it's going to be at the fairgrounds, and I'd encourage everyone to intend, but to have somebody of that note coming in for that kind of a festival, we thought, was worthy of a proclamation. COMMISSIONER MAC'KIE: Great. Item #5B EHPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN HANCOCK: The next item on our agenda is service awards. Commissioner Berry. COMHISSIONER BERRY: Thank you, Mr. Chairman. This morning, we are pleased to be able to honor four of our employees. We'll start with the least tenured person, at this time is Charles Williams with facilities management, five years. Charles. (Applause). COMHISSIONER BERRY: Thank you. COMMISSIONER MAC'KIE: I thought we just needed extra security today. COMHISSIONER CONSTANTINE: Expecting trouble? COHMISSIONER HAC'KIE: Thank you, sir. COHMISSIONER BERRY: Our next recipient, excuse me, is Jane McDonald, veteran services for ten years. (Applause). COHMISSIONER BERRY: We are pleased to honor Robert Salvaggio, building review and permitting, ten years. (Applause). COHMISSIONER BERRY: And our last ten year veteran today is Eric Watson with the EHS department, ten years. (Applause). CHAIRMAN HANCOCK: Continue to collect the hardware. COHMISSIONER HAC'KIE: You know, it occurs to me we have some county commissioners who ought to be getting five year pins, don't we? COHMISSIONER NORRIS: Yep. COHMISSIONER CONSTANTINE: A couple of weeks. COHMISSIONER NORRIS: COHMISSIONER HAC'KIE: COHMISSIONER NORRIS: COHMISSIONER HAC'KIE: COHMISSIONER BERRY: COHMISSIONER HAC'KIE: This month. This month, okay. Next month. I don't know -- Actually, they are battle badges, so -- Purple Hearts. CHAIRMAN HANCOCK: Those will be real imitation gold with real imitation stones in them, so -- COHMISSIONER BERRY: I think it's worth noting, Mr. Chairman, I think it says something about the county when you have people who do stay with the county for a period of time, and it's nice to honor people that have been there, and the five and ten year veterans, I think that that says a lot. It continues the continuity within the departments, and I think that says a lot for the county. CHAIRMAN HANCOCK: Agreed. I've even asked Mr. Fernandez and, previously, Mr. Dotrill if that type of recognition means something to the employees, and I'm assured that it does, and I just want them to know that nobody sitting on this board has been doing this job for nearly five years. So, it certainly is an accomplishment to them, and we encourage longevity in the organization. You're close. COHMISSIONER NORRIS: Next month. CHAIRMAN HANCOCK: Next month. Item #6C SETTLEMENT AND RELEASE AGREEMENT IN THE MATTER OF DWIGHT E. BROCK AS CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY V. MERIDIAN SECURITIES, INC., MERIDIAN CAPITAL MARKETS, INC., AND MERIDIAN BANCORP, INC. AND AUTHORIZATION FOR A GENERAL RELEASE FROM THE CLAIMS AGAINST THE AFOREMENTIONED RESPONDENTS - ACCEPTED The next item on our agenda is Item 6(C). This is a report to inform the board of the clerk's settlement arrangement in the matter of Dwight Brock, Clerk of Circuit Court of Collier County versus Meridian Securities, Meridian Capital Markets and Meridian Bancorp, and request the board to authorize a general release from the claims against the aforementioned respondents. Mr. Mitchell, good morning. MR. MITCHELL: Commissioners, good morning. For the record, Jim Mitchell, the director of the finance and accounting department. Our purpose of coming before you today is twofold: first, to inform you of the proposed settlement arrangement in the matter of Dwight E. Brock as Clerk of the Circuit Court of Collier County versus Meridian Securities, Inc., Meridian Capital Markets, Inc., Meridian Bancorp, Inc., collectively referred to as Meridian; and second, to seek the board's authorization of a general release from the claims against Meridian. The clerk has asked Mr. Thomas Grady of Grady & Associates, who represents the clerk in this matter, to provide an overview to the board and discuss the proposed settlement arrangement. With that, I would like to turn the podium over to Mr. Grady, and both of us will be available at the end of his presentation for any questions. MR. GRADY: Thank you, Jim. Good morning, Mr. Chairman, members of the board. It's nice to be here again. I was hoping that perhaps Ana Barbara would have remained in the room so that we might have a five-part harmony as we make this presentation to you, but without her, we'll do it anyway, and I'll be very brief because I know the board is very familiar -- you're holding a picture. Okay, she's here in spirit. I know you're familiar with the background of this matter, but let me just be brief -- COHMISSIONER MAC'KIE: She wasn't here before. MR. GRADY: I'm sorry. I thought I heard something about she's here, she's here. What we have today is the presentation of a proposed settlement by Meridian Securities of the claims asserted by Dwight Brock as Clerk of the Circuit Court against that firm. The board will recall, approximately two and a half years ago, Mr. Brock and I appeared here, I believe it was in Hay of 1995, and advised the board of concerns that Mr. Brock had regarding the investment securities in the portfolio at that time. Much has happened since then. Many experts have been retained to look at the transactions and its securities and at the policies. Two arbitration claims were filed. One was filed against Securities America. The other was filed against Meridian Securities. A separate lawsuit was filed against the accounting firm of Coopers & Lybrand, and as the board will recall, a few months ago, the Securities America claims were settled, and that settlement, like this settlement, required, at least at the stage as presented to the board, that the board consent to the agreement and release Securities America, just as Heridian is requesting a release, and in exchange for that, the board is released. The board will probably recall some of the discussion, and there has actually been litigation in the circuit court here in Collier County regarding who the proper plaintiff in that action was supposed to be. Mr. Brock had always asserted that he had the duty and the right to bring the litigation in his name. The defendants in all three actions at various times argued instead that Mr. Brock did not have that authority, that the board had the authority. Judge Carlton at the circuit court level ruled that Mr. Brock did have that authority, but nonetheless, as cautious lawyers, the lawyers for Securities America, and also the lawyers for Meridian, have requested that this board release them in exchange for a release of the board and, of course, in exchange for a payment to the clerk. The settlement agreement with Meridian Securities calls for a payment of 1.2 million dollars to the clerk in exchange for a release of all claims against Meridian Securities. We are pleased with the result. Meridian Securities has denied liability in entering into the agreement, and that is spelled out in the settlement agreement that has been presented as part of the agenda proposal to you, but nonetheless, they have agreed to pay the 1.2 million dollar sum. I'm pleased to make that presentation to you and to ask that you join in the settlement agreement and that you join in making the release in favor of Meridian Securities. The monies have already been placed into trust in Collier County, so they are here, and immediately upon approval of the board -- or in the event that does not occur, the monies perhaps will be required to be returned to Meridian or we may end up taking the claims to trial or we may end up negotiating some other arrangement, but at this point, the settlement agreement requires the consent of this organization, and we would ask that that happen today. COHMISSIONER HAC'KIE: Mr. Chairman. CHAIRMAN HANCOCK: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Just a thank you to the clerk. I'm sorry he can't be here in person so that we can communicate that to him directly, but -- and I thank you, Mr. Grady, for your good work because it takes a lot of patience. One thing I've learned on this board is that wheels move awfully slowly, and I guess they move even more slowly when it requires litigation, but it is wonderful to see that there has been a good result, and I commend the clerk for his strong position on it and thank you for it, and I'm certainly going to endorse it. I think there are a lot of technical questions about what happens with the money now, as we've been advised by our -- well, the county attorney, but it's just a wonderful result to finally have the resolution. It's a long time coming. MR. GRADY: Well, thank you. We are pleased that we were able to beat the resolution of the guardhouse issue. COHMISSIONER HAC'KIE: Yeah. CHAIRMAN HANCOCK: Question for Mr. Mitchell, if I may, Mr. Grady. There's a requirement that we place a paper loss regarding derivatives, in essence, on the books; am I correct in that? Did I read that correctly? MR. MITCHELL: I think what you're referring to is a new pronouncement by the governmental county standards board which is known as GASB 31. What GASB 31 says, that any fiscal cycle that begins after June -- June or July 15th of this year, the portfolio, through the financial statements, will be represented at market value. So, in doing that, we will recognize a loss that will have to run through the operating statement. CHAIRMAN HANCOCK: I guess my question is that that amount right now rested on this issue of approximately 1.2 million dollars. MR. MITCHELL: No. The one point -- what we are going to be recognizing through GASB 31 is approximately net, all investments, because youwve got to take -- we have certain investments that have gains and certain investments that have losses. Itws going to be somewhere in the neighborhood of 1.1 million dollars. COMMISSIONER MAC'KIE: Of a loss. MR. MITCHELL: Of a loss. CHAIRMAN HANCOCK: How much of that is -- how much of that is directed toward the derivatives issue? MR. MITCHELL: I haven't gotten that far into the GASB 31 transaction yet. I could provide that to you probably by the end of the day. CHAIRMAN HANCOCK: Okay. MR. MITCHELL: You know, the way that we are looking at this, Commissioner, is it's really two separate issues; GASB 31 being a financial reporting issue and the Meridian issue being more of a legal issue, but I can, by the end of the day, provide you with what information you want on GASB 31. CHAIRMAN HANCOCK: The reason I ask is I think we operate or at least operate under the impression that these legal actions were to recoup losses that through the advice of Meridian and whatnot were negligent in meeting the county's investment policy, and that when all was said and done, our goal was to eliminate at least the derivative side of that loss. I guess I just -- I'm curious as to how far we have gone toward doing that in these settlements. MR. GRADY: Your recollection is correct. There were essentially three claims asserted against Meridian, and one of them was that the securities that were purchased by the clerk did not meet the investment portfolio or the investment criteria laid out by this organization. Other claims that were asserted against Meridian included excessive markups on the securities. In other words, too much was paid for them or too little was received when they were sold, and we also had alleged that there was excessive trading, that there were more transactions that occurred in the portfolio than necessary. It -- I can't comment on the GASB issue because that's outside of my area of expertise, but I can comment as to the numbers and as to the damages, and one of the reasons that I recommended that the clerk settle the claims was that through a combination of good fortune and good management subsequent to 1994, the portfolio itself was managed in a way that minimized those losses. I believe you may recall a presentation has been made on at least one occasion where the clerk explained that his policy adopted after this problem first erupted, which then presented a multi-million dollar problem in terms of unrealized losses, his position was going to be that he can't predict what will happen tomorrow, and he may be accused at some point, as would any claimant in any kind of legal proceeding, of not having sold and mitigated losses when one should have, but he took the position that he thought it was his duty to not sell these securities at any kind of material loss. So, when the market would rebound for any of these securities, whether they were the CMOs or the ARMs or any other securities, mortgage back securities under the portfolio, he would sell them. So, in the intervening two and a half years, those securities have been sold, and from an out-of-pocket standpoint, meaning literally what you put in the account versus what you took out of the account, there are gains. So, when you factor in the income earned by the securities, there is no loss. Now, you may have to book a loss in accordance with GASB because that -- the GASB ruling, I presume, does not include the income. You're just looking at what you paid versus what it's worth today, and you're ignoring the income that has been earned on that security while you've held it. When you factor that income into the equation, there was actually a gain. We believe that under the laws applicable and the claims, there was still liability on the part of the firms under the statutes that governs these kinds of transactions and that calculating legal damages would still have resulted in liability owed to the clerk, but from an out-of-pocket standpoint, one of the considerations, as I point out, was that there was actually a gain in the portfolio. So, we believe under those circumstances and because of other factors that I'd be happy to get into if the board would request, we thought this was an excellent result. CHAIRMAN HANCOCK: So, this settlement really is aimed more at, I guess, the administrative operation of the transactions as opposed to material losses realized by the county? In other words, we are not suing because we physically lost a million or two million or three million dollars on this but because the transactions that occurred between the county and Meridian were not -- did not comply with the county's policies and -- I know it's much more detailed than that, but in other words, we are not recouping physical losses here. We are just really establishing that the activity was not appropriate in how it was performed. MR. GRADY: I think I agree, and I think the key is, again, that legal damages are calculated in a way that is different sometimes than calculating an out-of-pocket loss or than calculating what one might be required to report under FASB or GASB or any other accounting requirements. So, again, from an out-of-pocket standpoint, no loss. From a damages standpoint, yes damages, and if we go back in time to Hay of 1995 when we first considered the issue, very significant damages and out-of-pocket losses at that time but they were unrealized. So, because the markets did what they did and we can't predict them, witness yesterday's event, we were very fortunate -- the clerk was very fortunate in total, I think, when considering how the portfolio has been managed and then adding to it the settlement from several months ago with Securities America and the settlement today from Meridian, I think the clerk has fared quite well. CHAIRMAN HANCOCK: Okay. COHMISSIONER NORRIS: I've got one. CHAIRMAN HANCOCK: Go ahead, Commissioner Norris. COHMISSIONER NORRIS: Mr. Mitchell. MR. MITCHELL: Yes, sir. COHMISSIONER NORRIS: Is the -- is it 1.2 million even, all zeros? MR. MITCHELL: No, sir, that's the gross amount. It's 1.2 -- $1,200,000. That is the gross amount of the settlement that's being proposed. Coming out of that, we do have a fee arrangement with Mr. Grady and certain expenses that will have to be satisfied. COMMISSIONER NORRIS: And what will that amount be totally? MR. MITCHELL: Tom, what is the -- is it thirty-three and a third percent, your contract? MR. GRADY: The fees and costs will total -- I'll estimate about a third. The fee portion is 30 percent, and costs are separate of that. I do recall that Mr. Weigel had put in a memorandum to the board that he thought it might have been thirty-three and a third percent or 40 percent, which is customary in these types of transactions, but the agreement entered into with the clerk was a flat 30 percent on the fee. COMMISSIONER NORRIS: So, the net to the county then, Mr. Mitchell, is going to be approximately 800,0007 MR. MITCHELL: Yes, sir. CHAIRMAN HANCOCK: And that -- those funds -- trying to answer Mr. Weigel's question, those funds will be assigned to -- MR. MITCHELL: We are proposing to treat this transaction the same as we had treated the Securities America transaction and we take a very conservative approach, and that is we deposit the monies into the clerk's fund. They are invested just like any other dollar that the county has. The clerk's investment policy has the same restrictions that the board's investment policy has, and what we do is include those monies and turn back at the end of the fiscal cycle, and I think that the clerk is preparing today his turn back for fiscal year 1997, and that is going to be somewhere in the neighborhood of 1.6 million dollars plus, which does include the gross amount of Securities America's comeback. CHAIRMAN HANCOCK: And how much was that? MR. MITCHELL: It was $250,000. CHAIRMAN HANCOCK: So, what we will see next year is an increase and turn back of 800,000 over what else the clerk may find. MR. MITCHELL: That's the plan, yes, sir. COMHISSIONER MAC'KIE: Well, hopefully, 800,000 plus whatever he earns on it as he invests it. MR. MITCHELL: That would be correct. It's going to be the $800,000, plus the interest component of it, plus any other excess fees that he has. CHAIRMAN HANCOCK: Mr. Weigel, does that form of settlement conflict in any way with board policy that you're aware of? MR. WEIGEL: Not that I'm aware, and I think that this information before the board and me and the county's fiscal office is helpful to have an explanation of what appears to be a distinction between a reimbursement of losses of invested -- investment capital itself and the damages explanation, which wasn't in the executive summary, but I think assists us all in our review of this. So, I'm satisfied. CHAIRMAN HANCOCK: The key being in the end, the taxpayer wins and nobody can really argue with that. MR. MITCHELL: Mr. Chairman, that's been our goal from the very beginning. CHAIRMAN HANCOCK: Great. Further questions for Mr. Mitchell or Mr. Grady? COMMISSIONER NORRIS: Mr. Chairman, I'll make a motion that we accept the settlement agreement and authorize the general release. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: A motion and a second. Is that sufficient to meet the intent of the agreement, Mr. Mitchell? MR. MITCHELL: Absolutely, but I would request that at your earliest convenience, you execute the agreement because my goal is to get the monies in as soon as we can and have them earning interest as quickly as possible. CHAIRMAN HANCOCK: Ms. Filson, do you have it in your hot little hands? MR. MITCHELL: Mr. Grady has it in his hot little hands. CHAIRMAN HANCOCK: Okay. When it passes through Ms. Filson and me, it will be signed. We have a motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Mr. Grady, Mr. Mitchell and to Mr. Brock, thank you. MR. GRADY: Thank you very much. Item #SD1 & 2 - Continued to 11/4/97 CHAIRMAN HANCOCK: We are to -- let's see, we had two continuations. Eight D(1) and (2) were continued. Item #9A - Continued indefinitely Nine A was continued. Item #9B REVISED DRAFT MEMORANDUM OF UNDERSTANDING - ENVIRONMENTAL IMPACT STATEMENT (EIS) SOUTHWEST FLORIDA, BETWEEN THE ARMY CORPS OF ENGINEERS, COLLIER COUNTY AND LEE COUNTY - TABLED TO MEETING OF 11/4/97 We are to Item 9(B), the Army Corps of Engineers' MOU. What I'd like to do is, I may be able to make this a very brief discussion. I've had telephone conversations with Commissioners John Manning and Commissioner John Albion of Lee County. We have a couple of concerns. The first is that the questions we alluded to or I alluded to last week that Lee County was posing to the Army Corps of Engineers to date have not been answered, and since some of them deal specifically with the airport and its applications and, Commissioner Constantine, you, I think, clearly stated how that would have an impact on Collier County and should be a concern. Without having answers to that, I don't think there's really any need to rehash previous discussions on this. I'm not ready to move forward, and I'll even go as far as to tell you that Commissioner John Manning and John Albion sounded less than optimistic that they would even table the item today. My gut feeling is that it will be -- it will be quashed in Lee County. I know the two of them are -- did not sound supportive. I know Andy Coy has actually written opinions that they should not be involved at all. COMMISSIONER MAC'KIE: Who has? CHAIRMAN HANCOCK: Andy Coy, Mr. Andy Coy. COMMISSIONER NORRIS: He's the chairman, isn't he? CHAIRMAN HANCOCK: Yes, he is. I'm sorry, Chairman Coy. COMMISSIONER MAC'KIE: So, that's three. CHAIRMAN HANCOCK: So, from my position, I think to have a protracted discussion today to either sign on or not sign on, even when questions remain out there, would have no material benefit or impact on this understanding. COMMISSIONER NORRIS: Mr. Chairman, do you think one more week continuation would be appropriate or should we continue it indefinitely? CHAIRMAN HANCOCK: I think a one week continuation would tell us clearly where Lee County is. If they vote not to be a part of this, then without the three elements of the partnership, I don't think Collier County has a place there. COMMISSIONER NORRIS: Well, I will move to -- just to cut off discussion for today's period, I will move to table it. CHAIRMAN HANCOCK: A motion to table for one week? COMMISSIONER NORRIS: Right. CHAIRMAN HANCOCK: Is there a second on the motion? COMMISSIONER BERRY: I'll second that. CHAIRMAN HANCOCK: Seconded by Commissioner Berry. COMMISSIONER MAC'KIE: Is the question do we yet know what the questions are in Lee County? COMMISSIONER CONSTANTINE: Yeah, actually, I have -- and I'll pass on a copy. There are actually 46 very specific questions that Chairman Coy has passed on, and they range from questioning what major federal action exists to compel EIS down to some very specific things relating to the airport and relating to the flooding in Bonita and so on. I agree with you. One of the most frustrating things in government can be how slow things go sometimes, testament by Lely Barefoot Beach, but I think slow and cautious is the prudent action here, and I agree wholeheartedly with you, Mr. Chairman. CHAIRMAN HANCOCK: Also, and I'll pass this around or have copies made to you. COMMISSIONER MAC'KIE: Here are copies. CHAIRMAN HANCOCK: Okay. Chairman Coy also wrote an editorial, I guess, commentary in the Bonita Banner on Sun -- Saturday, October llth. I think it's worth looking at, but the whole idea here was a partnership, and if one arm or one leg of that three legged stool isn't there, I don't think there's enough to compel Collier County and the Corps alone to reach an agreement on the EIS when really the center of the EIS is based in Lee County. COMMISSIONER CONSTANTINE: And, quite frankly, depending on the answers to some of these questions that have been raised -- Lee County has raised the question whether the EIS has been compelled under federal requirements the way we were led last week. Now, it may very well be, but until we have those specific answers, perhaps it's not. CHAIRMAN HANCOCK: If those answers all come back in the affirmative, my position doesn't change from where it was last week, but I'm not going to make a decision somewhat in the dark today. So, we do have a motion and a second to table. Is there further discussion on the motion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. The item is tabled for next week. I'll be following up with discussions with Lee County, and I believe I also have a dinner scheduled next week with Colonel Miller. So, again, I'll do my best to bring what information I can back to the board for next week's discussion. Item #10A RES. 97-406 REAPPOINTING ROBERT C. COLE AND GEORGE C. PEARSON TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COHMITTEE - ADOPTED Next item, Item 10(A), appointment of members to the Lely Golf Estates Beautification Advisory Committee. COHMISSIONER NORRIS: I move staff's recommendation. COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none -- MS. FILSON: Excuse me. CHAIRMAN HANCOCK: -- all those in favor, signify by -- well, yes, Ms. Filson. MS. FILSON: We need to waive Section 7(b)(2) of 86.41. One of the members has served more than two terms. COHMISSIONER NORRIS: Okay. I'll include in my motion that we waive that requirement. COHMISSIONER CONSTANTINE: I need to withdraw my second because what we have traditionally done each time that has happened, if a person who is qualified applies, and we did that with parks and rec. in '93 and so -- COHMISSIONER NORRIS: This guy is not qualified by virtue that he does not live within the HSTU. MS. FILSON: Right. We have three vacancies I'll have to advertise for. COHMISSIONER NORRIS: Ms. Filson is going to have to re- advertise. COHMISSIONER CONSTANTINE: One of these people is not eligible, Mr. Saul? CHAIRMAN HANCOCK: Yeah, Mr. Saul is not eligible. COHMISSIONER CONSTANTINE: Okay. Sorry, I'll reinstate my second. CHAIRMAN HANCOCK: And that includes the waiver of -- COHMISSIONER CONSTANTINE: Yes. CHAIRMAN HANCOCK: -- the aforementioned ordinance? All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. Item #10B VACANCY ON THE COLLIER COUNTY PUBLIC HEALTH UNIT ADVISORY BOARD - TO BE READVERTISED We are to Item 10(B), direction from Board of County Commissioners regarding vacancy on the Collier County Public Health Unit Advisory Board. COHMISSIONER CONSTANTINE: Ms. Filson, can we get an explanation on this? It says you tried to contact the applicant 19 times to confirm they were applying, and you couldn't get a response. MS. FILSON: Yes, that's because this was advertised early on in the year, and they -- I think Tom's here to explain it. They talked about disbanding, and since we had such a long time in between, I called her to see if she was still interested in serving on the community because she's a -- even though she's registered down here, she's a part-time resident, and I couldn't reach her. I sent a fax to her, and we called her like 19 times. CHAIRMAN HANCOCK: Mr. Olliff, is there -- I see no compelling reason to appoint someone that you can't, at least, get ahold of. I understand she's part-time, but maybe a northern phone number would have been a good idea. MR. OLLIFF: No, I agree. I think -- I think she is, in all likelihood, a seasonal resident, and it makes it difficult to have what is an ongoing annual committee meet and have a quorum with seasonal residents. So, our recommendation is we re-advertise. CHAIRMAN HANCOCK: Ms. Filson, thank you for your diligence on this. Nineteen phone calls, I think, is more than an effort. COHMISSIONER CONSTANTINE: Motion to follow Mr. Olliff's suggestion -- COHMISSIONER HAC'KIE: Second. COHMISSIONER CONSTANTINE: -- and re-advertise. CHAIRMAN HANCOCK: A motion and a second. All those in favor, signify by saying aye. Opposed? (No response). Item #10C VACANCIES DECLARED ON THE TOURIST DEVELOPHENT COUNCIL CHAIRMAN HANCOCK: The next item is an add-on to declare vacancies on the Tourist Development Council. We have two sitting members of the TDC that are city council candidates on the City of Marco Island. I have two questions. The first -- well, one, I don't think we have a choice. According to our ordinance, we must declare vacancies in those positions, but the second issue, Mr. Weigel, is both of these individuals voted at the last TDC meeting, and I believe that was after they had been declared candidates for city council. MR. WEIGEL: That's correct. CHAIRMAN HANCOCK: What is the protocol? If they had not been there, we still would have had a quorum. I believe the vote may not have changed, but they had input on each vote. MR. WEIGEL: Right. CHAIRMAN HANCOCK: Mr. Stakich specifically spoke in favor strongly of two applications that were approved, so I guess my concern is, as a TDC recommendation comes forward to the board, it seems to be somewhat tainted at this point, and I'm not sure how we should or should not consider that impact. MR. WEIGEL: Well, I think we should be careful to apply the adjective to that, but the -- our ordinance -- CHAIRMAN HANCOCK: And I agree. Tainted only means that I'm not sure what the policy applications are; not directed to the two individuals in any way. MR. WEIGEL: I think we have, to use a pun, conflicting concepts coming into play here, and that is that our ordinance, Collier County Ordinance 86-41 as amended by 92-44, specifically provides a duty upon a member of a county advisory board or committee to -- a duty to communicate to the commission, and that's the commission as a whole, the fact that they've become a candidate for an elective office. It states that the candidacy is an effective resignation from the post. Our board earlier this year, this calendar year, had some similar considerations concerning the Environmental Advisory Board where a resignation under its ordinance paralleling our Master Advisory Board Ordinance provided for a resignation to occur upon specific absences, and looking at the ordinance as a whole and the entire paragraph concerning vacancies and candidacy of our Master Advisory Board Ordinance, it appears consistent with the board's previous discussion of the EAB matter that that position is not vacant and vacated until the board makes the determination of a vacancy based on the information that's brought before it -- before us that's required by the ordinance. The issue of timing of a -- a board member who is a candidate becomes more of a personal issue to them as opposed to an issue of the ethicacy of the operations of the advisory board that they are on in the first place, and that's where I mentioned we have kind of a, quote, conflict, because if there is a conflict apart from the advisory board ordinance, the conflict is considered under state law the conflicts laws where an individual member may have a conflict to go forward. Now, I'm not stating that these individuals who are candidates do have a conflict under state law, but I think that that's where maybe the term of conflict would come -- come into play and not in regard to the actions that were taken by these persons or the participation they had at the meeting a week ago Monday. CHAIRMAN HANCOCK: Thank you. My intent is in no way to cast aspersions at either individual, but merely to clarify that vote as it comes to the board as a TDC recommendation. As I understand what you're saying, we are to recognize that vote for what it is because we did not formally declare the vacancies until today. So, that vote is a valid vote as it comes before the board, and we can see it as such. MR. WEIGEL: That's correct. Additionally, I mentioned to the board two Tuesdays ago that I'm preparing or re-preparing the memos to go to the -- all advisory board members, the staff liaison as well as to the Board of County Commissioners about the Sunshine law, public records law, and part of what we will be providing them is to make sure they also have a copy of the Master Advisory Board Ordinance which pertains to all people that are a part of that -- that are a part of any advisory committee and appointment by the board, and there'll be no excuse for anyone not to know -- I don't think there's an excuse really now not to know, but I want to make sure and re-emphasize that through the staff liaison work, that they once again will have Ordinance 86-41 and all that it states before them and part of their portfolio to keep with them as they come to the meetings. CHAIRMAN HANCOCK: Agreed. We have a motion and a second to declare vacancies on the TDC. Is there further discussion? COMMISSIONER NORRIS: We did? CHAIRMAN HANCOCK: I'm sorry. I thought we did. Did I skip ahead? COMHISSIONER MAC'KIE: So moved. COMHISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: We now have a motion and a second to declare vacancies on the TDC in the seats of Ms. Butt and Mr. Stakich. Is there any discussion on the motion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero, and Ms. Filson, those vacancies will be advertised as soon as possible. MS. FILSON: Yes. I have it right here. CHAIRMAN HANCOCK: Luckily, that group, as you know, does meet quarterly. So, it give us a little bit of time to fill those seats. MS. FILSON: Yeah, I'm going to send the press release out today after the meeting. CHAIRMAN HANCOCK: Okay. Let me ask you to wait one week because I think we may want to look at the makeup of the TDC. If we have a City of Marco Island, we have the mayor of Naples sitting on the TDC because of the incorporated city, and we may want to factor Marco Island into the makeup of that committee. That's just a thought for consideration to ensure that the City of Marco Island has representation. If we could -- if I could ask you, Mr. Weigel, to prepare that for discussion purposes next week -- MR. WEIGEL: I would be happy to. CHAIRMAN HANCOCK: -- to see if there's a direction we want to give staff, and then we can advertise consistent with that direction. COMMISSIONER BERRY: Good idea. CHAIRMAN HANCOCK: Okay. Thank you, Ms. Filson. Item #11 PUBLIC COHMENT - TY AGOSTIN REGARDING LANDFILL ADVISORY BOARD We are to public comment on general topics. Mr. Fernandez, do we have speakers this morning? MR. FERNANDEZ: Yes, we do; Mr. Ty Agoston. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I live in a less attractive Golden Gate -- northern Golden Gate Estates. COHMISSIONER CONSTANTINE: Ty, I hate to correct you again, but it's a very, very attractive area. Your home, very attractive; the property, very attractive. MR. AGOSTON: At any rate, I have attended a meeting -- a public meeting for the landfill last Wednesday, and I was sitting and kind of musing over the membership of that advisory board and being that you are discussing the consistency of the advisory board, I'd like to call your attention to the landfill advisory board which is predominantly environmentalists. Ms. Payton, who is currently suing the county, is part of that. A number -- well -- COHMISSIONER CONSTANTINE: Ty -- Ty. MR. AGOSTON: -- every major -- COHMISSIONER CONSTANTINE: I need to correct you. Ms. Payton is not part of that. MR. AGOSTON: Well, she was sitting there. COHMISSIONER CONSTANTINE: I know she did come out and sit at the table, but she's not part of that. COHMISSIONER NORRIS: She sat at the table? COHMISSIONER CONSTANTINE: Yeah. MR. AGOSTON: She was sitting there. MS. PAYTON: I was invited to sit at the table. CHAIRMAN HANCOCK: Ms. Payton, you know as well as anyone not to yell things from the audience. COHMISSIONER CONSTANTINE: I can understand your mistake as she was sitting at the table. She's not part of the committee anyway. MR. AGOSTON: Mr. Constantine, the appearance has fooled me. At any rate, Mr. Fran Stallings, who has invited the Army Corps of Engineers into the area, who is not a resident of Collier County, not a taxpayer, into -- the life of me don't understand why is he part of this advisory committee. Are we -- and let's look at some people from New York City. I mean, if we are looking for out of county people -- don't we have enough experts in this county? There was another point I would like to comment on is this entire scope of EIS. This disturbs me, frankly, because I see the sustainable America, sustainable Southwest Florida is nothing but an attempt to socialize America, socialize Southwest Florida and in that order, and it already started, apparently, because in Naples, they are using the principles. The gentleman who was the planner, and a visionary planner he's called, pretty much openly admitted in public that those tenements along 41 that's being planned are for the infill portion of sustainable America which means that all the people outside will be moved on top of the current Naples population in order to alleviate them from the area and leave those to the animals. Now, as far as the Army Corps of Engineers as a federal agency, it's my understanding that they are working under statutory powers, and it's also my understanding that they can do their work without your input or anybody else's input. They are not looking for your input, ladies and gentlemen, but what they are looking for is the non- government agencies, such as the Wildlife Federation and what have you, to call an end, and in large, what they are statutorily able to do and allow them to take that as the legitimate voice of the people. Look, I have sent the Army Corps of Engineers suggestions of what they should do which never made it into the suggestions they have listed. On the other hand, the suggestions that I have seen being made by this NGOs made it into those. So, obviously, they are paying -- their attention is selective. So, I would strongly urge you not to sit down with them because it's a losing proposition, and as much as I like Ms. Barbara Berry, I disagree that it is not a hypocrisy to not sit down. The situation with Twin Eagles is not parallel. You had a proposal on the table and you have invited the environmental groups to comment on it. You, at this point, have no proposal on the table. They are looking for you to make the proposals. Thank you for the opportunity. CHAIRMAN HANCOCK: Thank you, Mr. Agoston. MR. FERNANDEZ: No other speakers, Mr. Chairman. Item #12A1 ORD. 97-53 RECREATION/OPEN SPACE; ORD. 97-54 CAPITAL IMPROVEMENT; ORD. 97-55 AMENDMENT TO CAPITAL IMPROVEMENT; ORD. 97-56 INTERGOVERNMENTAL COORDINATION; ORD. 97-57 POTABLE WATER; ORD. 97-58 SANITARY SEWER; ORD. 97-59 NATURAL GROUNDWATER; ORD. 97-60 SOLID WASTE; ORD. 97-61 DRAINAGE; ORD. 97-62 TRANSPORTATION; ORD. 97-63 HOUSING; ORD. 97-64 GOLDEN GATE MASTER PLAN; ORD. 97-65; IMHOKALEE AREA MASTER PLAN; ORD. 97-66 CONSERVATION & COASTAL MANAGEMENT; AND ORD. 97-67 FUTURE LAND USE REGARDING THE 1996-97 EAR-BASED GROWTH MANAGEMENT PLAN AMENDMENTS IN ACCORDANCE WITH THE ADOPTED EVALUATION AND APPRAISAL REPORT - ADOPTED. COMPREHENSIVE PLAN ADOPTED AND TO BE SUBMITTED TO DCA. CHAIRMAN HANCOCK: With that, we'll move into public hearings, under advertised public hearings, 12(A)(1), comprehensive plan amendments. This is the proposed adoption of the 1996/1997 EAR-based growth management plan amendments in accordance with the adopted evaluation and appraisal report in accordance with the BCC direction and in response to objections, recommendations and comments report received from Department of Community Affairs, otherwise known as Big Brother. MR. LITSINGER: Good morning, Mr. Chairman and commissioners. I'm not sure how to expand on that. For the record, Stan Litsinger of the comprehensive planning department. As you had noted, this is the final act of adoption of your comprehensive plan amendments that evolved out of your evaluation and appraisal report and the growth management plan that took place over two and a half years ago. As you're probably aware, the amendments before you were transmitted to the Department of Community Affairs on April 22nd of this year for their review. We subsequently received their objections, recommendations and comments report on July the 6th. Our proposal today is to present to you through the process of individual public hearings on each element and sub-element the staff's proposed responses to the objections raised by the Department of Community Affairs, including the recommendations of your planning commission as they arrived at those conclusions on September the 18th of this year. The process will take place through a presentation of staff recommended responses. I might note that all of these responses were arrived at through a two day session of meetings with officials of the Department of Community Affairs in August, and we believe reflect a common ground as far as a satisfactory response. After staff presentation on each element and each individual public hearing, we would ask that the board take public comment and also have a separate motion and vote and close individual public hearings on each element. This is a little bit of a change in the process that we have done recently in previous years. We have adopted the entire comprehensive plan by a separate single ordinance. The reason that we are taking this new procedure is that in the event that one or more of the elements is found not to be in compliance, it doesn't eliminate the other portions of the comprehensive plan for having the effective ordinance and being applicable for a daily decision making process. If you have no questions on the overall process, we'll begin with the element presentations, and we can open the first public hearing. CHAIRMAN HANCOCK: Let me just, again, relate to the board and to those members of the public wishing to speak on any items in this agenda what Mr. Litsinger has just said, and that is that we will take public comment on each specific element as staff concludes its presentation and the board has completed its questions of staff on that element. I'm going to ask that you keep your comments specific to that element, avoid general statements, and let's stick to the specifics of what is before us today. With that, again, those of you that have registered to speak, if you have not listed a specific element, please -- you may want to retrieve your slip from Mr. Fernandez in order to do that or make that note. If you're not sure of the element, you know, I guess we'll have to accept comment and late registration at the end of each, but we'll try and do that with as much efficiency as we can. Any questions from the board about that process? Okay. Mr. Litsinger, let's proceed. MR. LITSINGER: If you please will open the first public hearing which appears on Page 45 of your agenda package, and that is the public hearing on ordinance for the recreation and open space element. I would mention to you that the recreation and open space element received no objections, comments or responses from the Department of Community Affairs, and the staff would recommend that it be adopted as originally transmitted back in April. CHAIRMAN HANCOCK: Any questions from the board on the recreation and open space element? COHMISSIONER CONSTANTINE: Nada. CHAIRMAN HANCOCK: Any members of the public wishing to speak on that particular element? Tell you what, anyone -- if you wish to speak on that element, please raise your hand. Seeing none, is there a motion on that element? COHMISSIONER NORRIS: Close the public hearing. CHAIRMAN HANCOCK: I'm sorry. Close the public hearing on that element. COHMISSIONER NORRIS: I'll make a motion to approve the recreation and open space element. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: That went rather quickly. Next, Mr. Litsinger. MR. LITSINGER: Yes, Mr. Chairman. The next element is capital improvements elements, and here, we have a little different procedure as we have two ordinances related to the capital improvement element. If you would look on Page 49 of your agenda package, we have an ordinance known as the update ordinance to the capital improvement element which is a procedural matter in Collier County as we annually adopt our annual update and amendment to the capital improvement element simultaneously. Just to tell you the differences in the two, the update ordinance is merely an ordinance which allows you to update cost figures, timing, without amending policies to the capital improvement element. It's not technically an amendment, but it's a procedural process that we adopt each year in order to have an effective capital program in place in the event that the capital improvement element should be found not to be in compliance through compliance negotiations, which is a moot point due to the fact that we have no objections to the capital improvement element. So, I would ask the board to take comment and a motion and vote on the update ordinance to the capital improvement element. CHAIRMAN HANCOCK: Do we have questions from the board or staff on this element? Seeing none, are there -- is there anyone who wishes to speak on the capital improvement element? Seeing none, I'll close the public hearing. COHMISSIONER NORRIS: A motion to approve the capital improvement element. COHMISSIONER HAC'KIE: And the ordinance establishing -- COHMISSIONER NORRIS: And the ordinance, the amendment ordinance. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: The next element, Mr. Litsinger. MR. LITSINGER: In the -- redundancy, I would ask that the board also open a public hearing on the amendment of the capital improvement element ordinance hearing on Page 47, receive public comment, motion and vote. I would note there were no objections, recommendations or comments on the proposed element as submitted to the Department of Community Affairs. CHAIRMAN HANCOCK: Questions of staff on this? Just so you know, we are well ahead of the curve on coordination with the school board in this county. As I meet with commissioners from all over the state through FAC, it's unbelievable the kind of problems they are having. So, I think this just goes one step further to accomplishing something that's much needed. Any questions of staff, again, on this? Seeing none, are there any members of the public who wish to speak on the intergovernmental coordination element MR. LITSINGER: Excuse me, Mr. Chairman -- COMMISSIONER MAC'KIE: Oh, no, no. CHAIRMAN HANCOCK: I'm sorry. MR. LITSINGER: -- we are adopting the amendment ordinance to the capital improvement element. CHAIRMAN HANCOCK: Well, we are still ahead. MR. LITSINGER: Yes, sir. COMMISSIONER MAC'KIE: I believe so. CHAIRMAN HANCOCK: Okay. Anyone to speak on that element? Seeing none, I'll close the public hearing. COMMISSIONER MAC'KIE: Motion -- COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: You guys just keep that teamwork going. COMMISSIONER MAC'KIE: We're going. MR. LITSINGER: Thank you. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Next, the wonderful Ms. Lee Layne. MS. LAYNE: Thank you, Mr. Chairman. CHAIRMAN HANCOCK: Yes, ma'am. MS. LAYNE: Lee Layne, for the record. Now we are on the intergovernmental coordination element. CHAIRMAN HANCOCK: I'm just ahead of my time, Lee, I'm sorry. MS. LAYNE: There were only two changes that DCA had on that in the staff report. They had a problem with our intergovernmental agreement with the school board. They felt that we didn't have language in there as to how we would look at schools in the -- outside the urban area. So, we have recommended and the planning commission had recommended for approval that we put some language in there about school siting and its location. The planning commission, as you see on the bottom of Page 1 of the staff report, recommended that we change the language, that they just comply with the state requirements adopted by the board of education and the site shall be subject to all applicable state or federal regulations, and with those two changes, recommend adoption of the intergovernmental coordination. CHAIRMAN HANCOCK: Well, we could have just said we are not going to educate the kids outside the urban area. That would have been easy, Ms. Layne. I don't have a problem with the language. You have to comply with the law anyway, so -- MS. LAYNE: Correct. CHAIRMAN HANCOCK: -- if it makes them happy, more power to them. COMMISSIONER MAC'KIE: Do we have some idea if that's going to satisfy DCA? MS. LAYNE: No, we don't at this point. We felt that the agreement that we had with the school board complied with the state requirements, so -- CHAIRMAN HANCOCK: This may be coming out of -- there are concerns throughout the state that school districts are building schools where the property is cheapest as opposed to where they are needed. So, what happens is it forces infrastructure improvements upon the county and its taxpayers unnecessarily. Now, we really haven't dealt with that here, and I don't think our school board has done that, but, you know -- so, maybe we are just lucky, maybe not, but I think that's where DCA's concern is coming from on this. COMMISSIONER CONSTANTINE: It may also come out of the fact that if some bureaucrat in Tallahassee let all of our elements go through without comment, they wouldn't have anything to do. CHAIRMAN HANCOCK: Well, that too. COMMISSIONER MAC'KIE: You think? CHAIRMAN HANCOCK: Are there questions of staff on this item? Seeing none, do we have anyone to speak on the intergovernmental coordination element? Seeing none, I'll close the public hearing. COMMISSIONER MAC'KIE: Go, John. Motion to approve the intergovern -- intergovernmental coordination element with the recommendations of staff. COMMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: It's easy for you to say. All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Thank you, Ms. Layne. Ms. Cacchione. MS. CACCHIONE: For the record, my name is Barbara Cacchione with your comprehensive planning staff. I would like to go over the water sub-element in Policy 1.5.1 and 1.5.2, we had recommended some changes in regard to allowing package plants outside the urban boundary. DCA did have some objections to that as well as in the sewer element, those two policies, and what we are recommending to you today is that we do not adopt these proposed changes, that we leave the plan exactly as it was and we come back to you in the next cycle with a cjustering provision which would include how we would handle water and sewer outside the urban boundary. COMMISSIONER CONSTANTINE: So, we leave as it reads on Page 57? MS. CACCHIONE: That's correct. COMMISSIONER MAC'KIE: But the problem with that is that in the interim, we can't do -- I guess what I -- I need you to tell me if I'm understanding this correctly, is that pending an amendment that allows package plants, we are continuing to encourage those grid developments outside with -- and we are also encouraging septic tanks. MS. CACCHIONE: I think that the board did review that as part of the Twin Eagles, and they did find that project to be consistent with our current comprehensive plan. I think we can come back to you as quickly as possible with the language on the cjustering, and during the interim, those projects that comply with our current ordinances could go forward, that's correct. CHAIRMAN HANCOCK: Ms. Student. MS. STUDENT: I'd just like to make a comment. For the record, Marjorie Student, assistant county attorney. We have been -- also worked on those policies and -- so that means if they were to go through today, not that we have any fear of going to admin. hearing with the DCA, but we'd be in admin. hearing, and that element wouldn't be legally effective anyway. So, it wouldn't have anything anyway because the law is that the comp. plan is not legally effective until such time as it's found in compliance or if it's not found in compliance, until the administration commission issues a final order on that. So, it wouldn't be effective anyway if there was a problem, and the board may be better served to study that further in the next cycle. CHAIRMAN HANCOCK: Thank you, Ms. Student. COMMISSIONER MAC'KIE: I'm sorry, Ms. Student, when was that change in the law? I know it's not very recent, but -- MS. STUDENT: I believe it was 1993, and the concern was that you had adopted elements that were effective, and then it might be all tangled up in hearings and change. So, that's the reason for the change. COMMISSIONER MAC'KIE: I mean, that's just one of the most rotten things that the state has done to us, is we can adopt them, but unless they agree, it's not even law. I just think that's amazing. COMMISSIONER CONSTANTINE: And there's some pretty rotten things they've done. COMMISSIONER MAC'KIE: Yeah, that's one of the many rottens. CHAIRMAN HANCOCK: You know, Commissioner Mac'Kie -- COMMISSIONER MAC'KIE: So, we don't have much leeway here. I don't like this, but we have to do it, because even if we didn't, they'd have ultimate control anyway. CHAIRMAN HANCOCK: I guess, you know, the only project that comes to mind that this had a significant application to is Twin Eagles. You know, we are not going to be extending water and sewer any time soon outside of the urban boundary -- COMHISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: -- but at such time that it's determined to be beneficial to do it, the retrofitting cost of any street in the estates or any element of the nonurban area right now is going to be significant to the homeowner because a central system isn't in place, and these types of plants, I think, are more beneficial environmentally and provide a central system for distribution, which is the predominant cost of expansion of a lot of water and sewer systems. So, I want to move ahead in one way or another, and if six months doesn't matter or a year doesn't matter, as long as I know we are going to move ahead and try to address this, great, but I just don't like leaving it the way it is, personally. COMMISSIONER BERRY: Mr. Chairman, you've just brought up an interesting point regarding the septic systems. We've been also aptly criticized recently because of the Twin Eagles project, but that was one of the key elements and one of the biggest concerns that I had and my reason for supporting, being very strong in support of the effort that had gone into the Twin Eagles project, was that very element. It didn't have anything to do -- we never talked about moving the urban boundary. That was not the discussion, but what had been raised and what had been achieved in the Twin Eagles project was that you were probably going to have a package plant of some nature. You weren't going to have individual septic systems out there, and anybody that's going to stand out there and tell me that a septic -- an individual septic tank is better than a package plant or a central sewer system, I'll go to the mat and argue from now until next week with you. I totally disagree, and I don't think anybody could have -- could stand up and defend that, and yet, we've all been criticized because we supported that particular part. So, I'm very -- this makes me very angry that we can't go ahead with that particular element. COMMISSIONER MAC'KIE: And, of course, we are on the water one, and we are tying the discussion into what's coming up which will be the solid waste or sanitary sewer, I mean. CHAIRMAN HANCOCK: My favorite is that we discourage urban sprawl by not allowing systems. COMHISSIONER BERRY: Yeah. CHAIRMAN HANCOCK: I live near the intersection of Goodlette-Frank and Pine Ridge, and I'm on septic. COMHISSIONER BERRY: Well, I lived closer in before I moved to my current location. I was right off of U.S. 41 right across the street from Park Shore, and we had septic systems. Now you -- you figure. COMHISSIONER MAC'KIE: And they still do. COMHISSIONER BERRY: They still do, and they will have until such time, and they are technically in the county. CHAIRMAN HANCOCK: So, anyway, we have two choices here, and I think -- I don't like it either, but if we are going to try to find a different way to skin the cat to make it possible, I'm in favor of that. If we are looking just to appease DCA, I'm not supportive of that. So, I guess I'm wanting a little direction from the board. COMHISSIONER CONSTANTINE: I think we should follow what staff suggested, and that is if we can't do it now, we still need to pursue it in the upcoming months. COMMISSIONER BERRY: Yes. MS. CACCHIONE: There are really two options. One is we don't change the plan in this process and we come back to you in January with an amendment that proposes to introduce the cjustering concept and the criteria for that as well as the water and sewer. The second approach would be if DCA finds us not in compliance, which they've indicated through the ORC report that they may, that we come back through that process with a compliance agreement which would involve the cjustering language as well as the water and sewer changes. So, there's two approaches. One is the regular amendments cycle, and the other is after we would get challenged by DCA. CHAIRMAN HANCOCK: Okay. COMMISSIONER MAC'KIE: Which one has a shorter time frame? Which one ends first? MS. CACCHIONE: That's impossible to tell. The drainage went on for four years. COMHISSIONER MAC'KIE: Yeah. MS. CACCHIONE: It's -- I think us in control of our own amendment would be better. We wouldn't be involved in the litigation and trying to factor that through. CHAIRMAN HANCOCK: Let me -- if it's the board's desire, let's go to public speakers over this. Do we have any member of the audience wishing to speak on this element? If so, please come forward. Okay. I see one person. Is there anyone else? Mr. Cornell, if you'll line up behind Ms. Payton. Is there any other members of the audience wishing to speak on this item? MR. FERNANDEZ: Those are the only two I have. CHAIRMAN HANCOCK: Okay, Mr. Agoston, you'll be behind Mr. Cornell. Anyone else? Okay. We'll have three speakers on this item. COHMISSIONER HAC'KIE: Everybody needs to fill out a sheet, though. CHAIRMAN HANCOCK: And Ty, if you haven't already filled out a slip for this item, please do so. Ms. Payton. MS. PAYTON: Nancy Payton, Florida Wildlife Federation, and I'm submitting a written statement on this particular proposed amendment for both the sanitary sewer and the water sub-elements. We are opposed to the elements that are proposed today and support staff's recommendation, that there are a number of issues that need to be looked at which were not looked at in the amendment, and these include factors such as impacts on environmentally sensitive lands, pressure on agricultural lands, proximity to the urban designated area and the existence of undeveloped land within the urban designated area. Also, there have been a number of reports that have been issued that staff needs to look at that do deal with septic as opposed to package plants as opposed to central water and sewer, and I think those are worth looking at for certain situations in the rural area. Based upon our concerns that were submitted to DCA and have been submitted to you and the planning commission, we do urge that you not take action on these proposed amendments and have staff and concerned organizations and individuals look at this issue more closely. Thank you. CHAIRMAN HANCOCK: Ms. Payton, were you the author of this position? MS. PAYTON: Yes. CHAIRMAN HANCOCK: Okay. What are your qualifications in either environmental science, engineering, whatnot? What is your background? MS. PAYTON: This -- this position statement was done in consultation with a number of folks that are affiliated with the Federation. It was done in discussion with engineers and others in just raising certain issues that we felt weren't adequately addressed within the proposal that was submitted to DCA. CHAIRMAN HANCOCK: It would be helpful in the future if you don't possess the individual qualifications to author the statement, that you give us a little bio of who did so we know really where the source is coming from and what the technical background of the individuals making the statements are if we're going to consider it with any seriousness. MS. PAYTON: Well, Commissioner, there are some instances where it doesn't take a Ph.D. or a master's degree to raise certain questions and to ask for certain documentation, and I think that I'm certainly qualified to ask questions, to raise issues and ask for further documentation. I have been in advocacy for 25 years. I was recognized by the U.S. Congress as an expert on certain issues, so I do not come to this as somebody that's not without resources and not without skills to raise questions. If you notice, a number of the issues that were raised in my position paper or the Federation's position paper were also raised by DCA, and, therefore, I think that they had some legitimacy in terms of raising questions and asking questions and asking for documentation and clarification. CHAIRMAN HANCOCK: Well, Ms. Payton, I think it's only reasonable with the title of your organization, the Florida Wildlife Federation, for me to ask and understand the background, history and bio of the people forming the opinions that come forth under that letterhead. That's all I'm asking for, and I don't have it, so I'm just asking that it would be helpful to know that. MS. PAYTON: Well, fine to ask. Thank you. COMHISSIONER CONSTANTINE: Ms. Payton, you kind of switched back and forth a little bit there. When you were reading a statement, you said, we, we, we, and then when you responded to Commissioner Hancock, you said, well, in my paper, and -- MS. PAYTON: Well, Federation's, yes. I did draft it, and it was circulated for various comments. COMMISSIONER CONSTANTINE: Just along the lines, we see your group and Brad's group and others here frequently. How many members from Collier County are there in the Florida Wildlife Federation, and is it a paid membership or is it just -- MS. PAYTON: Yes, it is. The Florida Wildlife Federation is an affiliate of the National Wildlife Federation, which is the largest environmental organization across the United States. Florida Wildlife Federation has been in existence for 60 years in the State of Florida. We have a membership across the State of Florida of over 40,000 members. In Collier County and lower Lee County, we have 1,500 members plus additional people that have supported specific projects that we have. COMHISSIONER CONSTANTINE: Do you know how many of those 1,500 are in Collier? MS. PAYTON: The majority of those people are in Collier County. COHMISSIONER CONSTANTINE: And how often does that group get together? MS. PAYTON: We have -- we do not have membership meetings, per se -- COHMISSIONER CONSTANTINE: So when -- MS. PAYTON: -- but we do issue a newsletter on a regular basis. We also have publications that come from our local office. We have a newsletter. We've had action alerts and various ways that we communicate with our members. COHMISSIONER CONSTANTINE: When statements like this come forward, is there a process gone through to get a good idea of what the membership wants to do or is this your role to come up with what direction you're going to head? How is the decision made as to what you will object to, what you will comment on? MS. PAYTON: The Florida Wildlife Federation's board of directors has a general policy statement on various issues that have been invoked in various issues across the State of Florida, and that position paper was submitted to Hanley Fuller (phonetic) who does have a variety of qualifications to comment on this and to various members of our board of directors, plus other people who have been involved in growth management issues and related issues. COHMISSIONER CONSTANTINE: Your local board of directors? MS. PAYTON: We don't have a local board of directors. We have a statewide local board of directors. The headquarters for the Florida Wildlife Federation is in Tallahassee -- COHMISSIONER CONSTANTINE: Okay. MS. PAYTON: -- and the Naples office is a regional office of the Florida Wildlife Federation. We don't have separate members. We don't have a separate board. We -- I am an employee of the Florida Wildlife Federation. Dr. Kris Thoemke is a member of the Florida Wildlife Federation -- COHMISSIONER CONSTANTINE: And I'm -- MS. PAYTON: -- who also reviewed that. COHMISSIONER CONSTANTINE: I'm not trying to be difficult. I'm just trying to understand the -- so week to week when you come up and share with us the feelings of the Florida Wildlife Federation, it's essentially your interpretation of the -- MS. PAYTON: No, I'm not acting as a free agent. COHMISSIONER CONSTANTINE: Can I finish the question before you answer it? It's essentially your interpretation of the statewide organization's mission statement or how is -- again, I ask, how are these different positions formulated before you bring them to the board of commissioners? MS. PAYTON: When an issue comes forward that I think that the Federation ought to take a position on, I contact my superiors and other appropriate people that I've been told that I should interact with or suggested that I interact with, and I say, this is my read on this situation. This is what I think we ought to do, and we talk about it, and together, there is a position that is developed for the Federation. I don't independently, unilaterally do anything on behalf of the Federation without consultation with the president and other appropriate people that the president has directed me to interact with. COMMISSIONER CONSTANTINE: Where does the president live? MS. PAYTON: In Tallahassee. Thatws where our headquarters are. COMMISSIONER CONSTANTINE: And are -- who are the other appropriate people? I donwt mean specifically names, but I mean, are they -- MS. PAYTON: I find this incredible that Iwm being cross -- cross-examined to try and determine why I as a citizen and a representative of a citizenws organization cannot come up here and give a statement that has very basic information, thatws a statement that was accepted by DCA, by the state and also make similar comments in their ORC report, and I think that part of this is generated by the fact that you donwt like what the Federation says and are attempting to quiz us and harass us, quite frankly, and I think itws inappropriate that youwre doing this. COMMISSIONER CONSTANTINE: Ms. Payton -- MS. PAYTON: Iwll answer any question you ask. I just wanted that on the record. COMMISSIONER CONSTANTINE: Sure, Ms. Payton, you can interpret it any way you want. I -- youwre here week after week sharing information under the title of the Florida Wildlife Federation. MS. PAYTON: Thatws correct. COMMISSIONER CONSTANTINE: Iid like to understand whols compiling that information and from where thatls coming, and if thatls -- MS. PAYTON: Well, I invite you to come to our office. We do maintain headquarters here. COMMISSIONER CONSTANTINE: But my point is, therels no need to get defensive. Nobodyls trying to do anything here except have a clear understanding from where this information is being generated. MS. PAYTON: Iive been attending these board meetings for over five years, and this is the first time Iive ever seen someone who came in good faith to present a position, to discuss an issue that is cross-examined in this manner and told to defend what the organizationls position is, and the Federation is a reputable organization. Itls a well respected organization in this state, and Iim disappointed that you feel that you have to do this to -- COMMISSIONER CONSTANTINE: Ms. Payton, I havenlt asked one question having to do with the position, so you donlt have to defend any position. Iim just asking specifically where those positions are formulated, and I donlt think thatls out of line. Iim asking -- if youlre going to come and share that with us, we appreciate it, but we ought to have some idea where that comes from. MS. PAYTON: I thought I had said this a number of times. They are done in consultation with the president of the organization, with certain members of the board of directors. The board of directors takes policy positions on various issues of the Federation. We have a policy book. Itls not something, again, that I have done as a free agent. I am here representing the position of the Florida Wildlife Federation. The past president of the Florida Wildlife Federation has lived in Collier County for decades, and he is in the office, and we are in communication on a regular basis. So, I assure you that this statement represents the position of the Florida Wildlife Federation, and every position that I come forward in front of you represents the position of the Florida Wildlife Federation. COMHISSIONER CONSTANTINE: That's fine. Just a final question, and that is -- actually, a two-part question, how big is the board of directors of the Florida Wildlife Federation? MS. PAYTON: The Florida -- well, there are a number of members on the board, and I suspect there are probably over 20 members, but I don't immediately know that, and I'd be glad to provide that for you. We're divided into sections so that each area has representation on that board. COMHISSIONER CONSTANTINE: And that's actually my follow-up question. How many of those members of the board of directors live in Collier County? MS. PAYTON: Franklin Adams lives in Collier County, and he's on the board and has been on the board for a number of years. There are many board members that come into Collier County to enjoy Big Cypress National Preserve, Ten Thousand Islands and other natural areas that they can recreate, do what they care to do. COMHISSIONER CONSTANTINE: So, the answer would be one? MS. PAYTON: And there may be some property owners; I don't know. COMHISSIONER CONSTANTINE: But the answer is -- MS. PAYTON: I haven't delved into that aspect, but I can tell you that Franklin Adams does live in Collier County. COMHISSIONER CONSTANTINE: Just a final, to make sure I'm clear on that final question. The answer, to the best of your knowledge, there's one of those -- MS. PAYTON: That lives in Collier County. COMHISSIONER CONSTANTINE: -- that lives in Collier County? MS. PAYTON: Yes, correct, Franklin Adams. COMHISSIONER CONSTANTINE: Thank you. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: I'll be making a statement. The Florida Wildlife Federation is suing the county. Is it on this specific issue? MS. PAYTON: No. COMMISSIONER NORRIS: No, it's not? MS. PAYTON: No, not on water and sewer or septic. COMHISSIONER NORRIS: What was the -- what was the specific issue then? Refresh me, please. MS. PAYTON: Well, actually, we have three lawsuits against Collier County. One is Miller Boulevard extension, and we -- it's our position that taking action with Miller Boulevard extension is a violation of the growth management plan. We still have pending the action against the county and Twin Eagles for violation of, what we feel, is the growth management plan by issuing a development order to Twin Eagles. We also have an action against the county for denying us due process when we attempted -- we paid our appropriate monies, and our appeal was denied because we allegedly did not follow the procedures. That one is still pending. We are not alone in the challenge of due process being denied and also against Twin Eagles. Florida -- Florida -- Collier County, excuse me, Collier County Audubon Society is involved in that as well. COMHISSIONER NORRIS: Okay. Just curious, do you -- you've come up here to give us your statement, and you present it as trying to be cooperative and in a helpful manner, but at the same time, you are antagonistic to the county, your organization, not you personally, of course, but your organization is antagonistic and is involved in three, according to your figures, current issues in litigation. So, you know, looking at it from a board member, it's kind of hard to accept your premise that you're up here cooperatively to try and help -- just give us your opinion and help guide us through this process. It's a little difficult to balance the one with the other. CHAIRMAN HANCOCK: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Well, I don't have a problem with that. I think that that's exactly what you're supposed to be doing. I respect your ability to do that. I respect you for being here, particularly in the face of the challenges that you have. I think it's often hard to be the one who's standing up for what you believe in when it goes against what the will is of the majority in control, and so I respect you for that, and my only reason for speaking was I must be on a different mailing list than some others because I'm quite familiar with the National Wildlife Foundation and Florida Wildlife Foundation and would encourage you to maybe add all of the board members to your mailing list, because I don't get your newsletter, but I'm certainly familiar with the organization and its credentials nationally and on a state level. So, maybe that's just a general -- MS. PAYTON: Be happy to do that. COMMISSIONER MAC'KIE: -- lack of information that we could remedy by sharing -- you know, get those newsletters to the board. CHAIRMAN HANCOCK: Just so there's no confusion, Ms. Payton, one of the main reasons I questioned you and queried you today, quite frankly, your organization has sued the county which will cost the taxpayers some money on areas that I question your technical expertise in the statements that have been made on the record; areas such as the environmental application of centralized sewer systems versus septic tanks. They happen to contradict what has been stated in the past by the state DEP. So, when you make technical statements, whether they be environmentally based, biologically based, engineering based, I want to know the background that goes into those statements, and if you think you're being singled out, you haven't sat through enough meetings. This board proffers testimony from experts and recognizes them as experts based on their bio, on their history, on their education, on their expertise in a given area. If you are not recognized as an expert by this board, then your comment is on the same plane as everyone else. Yet, I think because you represent an organization and you said you are a part of - you're an employee of the Wildlife Federation, because you represent that organization, I think it's more than appropriate that this board know the background that goes into these particular positions, because without it, Mr. Agoston can stand up for the Taxpayer Action Group and tell us that septic systems are awful, but he doesn't have the background or expertise for me to feel that I can give a tremendous amount of credibility to that statement, and that's a judgment I make. So, by asking that question and you getting upset about it, I don't know where that leaves me, but it leaves me no better than where we started. I want to know the background and the expertise that goes into the positions taken by the Wildlife Federation that you, as an employee, purport here; that's all, and I'm sorry you've taken affront to that, but Mr. Cornell will be asked the same question by me, as will every other organization, whether it be environmental or not, from this point forward, particularly if you're in a position of constantly taking this county to court on issues that I think the technical backing is simply lacking. So, again, I'm sorry you've taken affront to that, but I think it's an informational point that this board has a right to know. MS. PAYTON: I want to draw your attention to the ORC document that was returned, because there were statements from DEP that supported the position that's in our paper, raising questions about package plants and also advocating that septic can, in some circumstances, be beneficial. It's not environmentally damaging, and there's a recent report that was issued from the University of Florida that supports that position. COHMISSIONER CONSTANTINE: Ms. Payton, I've read all of that. I'm talking about your position and the expertise and background that goes into it. MS. PAYTON: Well, I certainly can consult with these people and incorporate that into my position, and as an advocate, I don't need to have Ph.D.s in every issue that I come up here and talk about. If I've done the research and consulted with people and they have agreed with the statement, I think that's appropriate, and if you're going to challenge everyone who comes up here with goodwill -- CHAIRMAN HANCOCK: It's not a challenge, Ms. Payton. MS. PAYTON: -- as to what their expertise is -- CHAIRMAN HANCOCK: It is not a challenge. MS. PAYTON: -- and dismiss it because they don't have a particular Ph.D. or a master's degree in that particular area, that's unfortunate. CHAIRMAN HANCOCK: I think it's unfortunate you're putting words in my mouth. It's not a challenge, period. Thank you. Next speaker, Mr. Cornell. MR. CORNELL: My name is Brad Cornell, and I don't know that I feel particularly welcome to speak, but I'm going to anyway. I'm here on two accounts. First, I am here to represent your Environmental Policy Technical Advisory Board as its chairman and the EPTAB board has stated some positions in regards to the EAR report that the county issued back in March, and we also have followed the process and would like to respond to the ORC responses which the county is making, and in particular in this case, the public facilities element, water sub-element and sewer sub-elements, Policies 1.2.2, 1.5.1 of the water sub-element; Policy 1.5.1 of the sewer sub-element; the issue being the possible encouragement of urban sprawl. While it does not move the county -- the urban boundary de facto, it does, in effect, result in the risk of urban development in inappropriate places. For that reason, we do support staff recommendation to not change the amendment, do not amend the growth management plan as originally recommended. So, leave it as the 1989 plan stated for all those policies, and I will parenthetically say that the -- in my second role as the president of the Collier County Audubon Society, that we do concur with the EPTAB position. Personally, I would like to say that the public hearing process, I believe, is an important one for all of us, both for you as representatives of the people and for us as people. I'm involved with these two organizations here which are both citizen organizations. One is appointed by you. One is a general citizen organization in our community, and as citizens, all of us ought to be and should be involved in our -- our -- our process of governing ourselves, and I believe it's incumbent on everyone's part to study, do their homework and come up with some opinions, and if that means consulting experts and going to the journals and reading the papers, if that's the way these things are done, I believe that -- in fact, in particular in Florida where the general populous, the voters, vote on very technical issues on the ballot, and we, as the state, have to abide by these things. Now, I don't know if you want to you have a test for everybody who comes up to vote on the net ban, but perhaps we should have. Perhaps this is not a good system, but it is the system, nevertheless, and I think that it's important to listen with very, very open ears to what your citizens are saying. So, anyway, just listening to the previous conversation, I had to say that, and I hope that you will consider our input. Both EPTAB's input and Collier County Audubon's. Thank you very much. CHAIRMAN HANCOCK: Commissioner Norris. COHMISSIONER CONSTANTINE: Mr. Cornell, I appreciate your comments -- CHAIRMAN HANCOCK: Wait, John had something. COHMISSIONER CONSTANTINE: Go ahead. I'm sorry. COHMISSIONER NORRIS: Mr. Cornell, just one more time to try to clear up before I ask my question to you. Ms. Payton came up with a written statement for us to take into consideration during our deliberations, and some of the board members were simply trying to find out what was the genesis of that written document. We have no objection to the public, obviously, coming up and speaking. Last week, if you had been here, you would have seen 30 speakers on one issue. So, you know -- we didn't ask any of them their qualifications, but they didn't offer us a document purporting to be on behalf of an organization. MR. CORNELL: But many people do come up here and do such as that. Many people come up and say they are TAG, they're CBIA, whatever. COHMISSIONER NORRIS: And a lot of times we ask their qualifications if we don't -- if we haven't asked them in the past, but my question to you is, can you tell me what is your official title, your function at the Collier County Audubon Society? MR. CORNELL: I am the president. COHMISSIONER NORRIS: You're the local president? MR. CORNELL: Yes, the chapter president. COHMISSIONER NORRIS: The chapter president. The Collier County Audubon Society is in litigation with the county? MR. CORNELL: That's correct. COHMISSIONER NORRIS: At your direction? MR. CORNELL: At our board's direction, that's correct. COHMISSIONER NORRIS: You also, I believe, said that you are the chairman of a county Environmental Policy and Technical Advisory Board; is that correct? MR. CORNELL: Yes, it is. COHMISSIONER NORRIS: Do you see any conflict there in the chairman of one of our county advisory committees also being involved in a separate organization in litigation with the county on the specific issues that you deal with as chairman of EPTAB? MR. CORNELL: I do not because I believe that if you were to hold that test, that all of us have conflicts in that way, and this is a citizen advisory board, and you want diverse representation from your community. The Audubon Society is one aspect of your community. You also should have land attorneys. You should have development interests. You should have scientists. You should have a whole spectrum of representation. So, presumably, my role on the board is equaled out by other interests. COMMISSIONER MAC'KIE: I think it's -- I know I'm out of order. I'm going to do it anyway. I think it's very important to have people with differing opinions on county committees. I think it's critical to democracy that we have people who disagree with us on advisory committees; critical, very important to have it. CHAIRMAN HANCOCK: Commissioner Constantine. COMMISSIONER CONSTANTINE: First, Brad, I appreciate your comments on citizen input, and I agree with you wholeheartedly. I don't want you or anyone else to misinterpret my questions. I'm not trying to discourage input in any way. I just -- if we have a group such as yours or Ms. Payton's or anyone else who comes to us regularly, particularly one who's costing our county taxpayers a great deal of money in litigation, I want to have some idea of the makeup of that group, how they form their opinions and how they get to the point where they disagree so strongly that they're going to challenge us in court and cost every taxpayer money. So, I'm not discouraging anyone. I just want to make sure I understand crystal clear from where these opinions are coming. CHAIRMAN HANCOCK: And I believe the litmus test is higher when you stand up representing an environmental organization. Anyone can come to this board and speak as a citizen, and that is not only allowed, but encouraged, and it's an important part of this process, and I would never do anything to discourage that, but when you stand at that microphone representing an organization and one of your favorite things to say as these organizations is how many members you represent, I think the test of accuracy is raised, particularly in technical areas, and that's what I'm getting at. If statements are going to be made in technical areas as a member of an environmental organization or any organization -- CBIA can have opinions and comments on everything under the sun, but when it comes to the areas of expertise the contractors and builders deal with, you tend to listen a little more intently, a little more to the details because you realize that's their expertise. So, I think when we're dealing with environmental issues and you say you are representing an organization, you have raised a bar by taking that position, and we must, therefore, also raise the bar in understanding the expertise behind that position. That's all this is. So, I really think it's a vastly different scenario than talking about a member of the public wishing to address this board and talking about organizations, and particularly paid employees of those organizations, offering opinions and testimony. I think there's a difference there. MR. CORNELL: I -- I see what you're saying. However, I think that, in essence, we all are the public, and you, as representatives of the public, it's up to you to listen with whatever attention you decide to devote. We would hope that you would listen to everyone with equally devoted attention, but, obviously, everybody doesn't have the same expertise as you point out, and that's your prerogative to dismiss some testimony or accept some testimony. I -- I think that it would be very unfortunate, though, that if in the process of raising the bar, as you say, you would discourage people from making that testimony regardless of their expertise because in that process, you have -- you have squelched some of the input that you really need to hear, whether or not you agree with it, whether or not you even think it's valid, you still need to hear it, and I think the process of examining and questioning your sources can have a bad effect. COMMISSIONER CONSTANTINE: I certainly agree with you that we need to listen to all that, but I think the public also needs to be aware when an organization is continually put forward, that those decisions aren't coming from a board of directors that meets -- or local board of directors that meets, and those decisions aren't coming from the membership if they don't ever meet. If it's a group that is primarily based six, 800 miles away, that's an important fact for the public to know as well, and I don't think we are discounting anything, or I'm not anyway. I don't think any of the board members are. I think we do listen to each and every person that gets up, but I think it's equally important for the public to know if a group is representing -- you know, has an individual here, but is primarily represented out of Tallahassee versus a group that is organized and has a board of directors locally that has input into decisions. Those are important factors for us to consider, but for the public to know as well. MR. CORNELL: And if you ask me, I will tell you that the Collier County Audubon Society is a very local organization, and it has expertise very well represented on its board, and we have membership meetings and -- COMHISSIONER CONSTANTINE: I happen to know that, so I didn't ask. CHAIRMAN HANCOCK: Yeah. COMMISSIONER CONSTANTINE: I'm aware of that. MR. CORNELL: But, you know -- and I also happen to know that the Florida Wildlife Federation would not exist if it did not have local support. It is the local support that created that entire office. It was -- it used to only be a Tallahassee office, and the reason that it even exists and has existed for, I believe, three or four years is that there's a local constituency. If they did not believe in what that office was doing, it would not be very long before it closed. CHAIRMAN HANCOCK: Further questions for Mr. Cornell? Seeing none, thank you. MR. CORNELL: Thank you. COMMISSIONER NORRIS: Board members, while the next speaker is coming forward, I would like to comment that while Mr. Cornell didn't see the conflict between one position of his being involved in continuous litigation with the county and on the other hand sitting on one of our county committees, I will remind the board that within the last few weeks, we have declined to re-appoint someone to a board who was in a similar situation. COMMISSIONER MAC'KIE: On a four to one vote. I disagree with that. COMMISSIONER NORRIS: Fine. You disagree on everything, so you might as well disagree on this, too. CHAIRMAN HANCOCK: Mr. Agoston. MR. AGOSTON: Good morning, ladies and gentlemen. For the record, my name is Ty Agoston. I -- I'm going to forget about that. You will see tomorrow a headline saying that you have harassed the representatives of the environmental community, and Ms. Mac'Kie will receive the compliment that she valiantly defended it. The gentleman before me is part of the National Audubon Society. I have a little piece of paper over here that quotes a Mr. Peter Berle (phonetic), president of the National Audubon Society, making a statement, we reject the idea of private property. At one time, I had to read Karl Harx's Landmark Works of This Type of Town -- oh, by the way, I have an HBA out of Rutgets, and I started a Ph.D., and my wife kept me -- forced me to quit, and that actually qualifies me to garden in my backyard. So, I have a very extensive education in the area. I also am an unpaid participant here. I don't belong to a national organization and -- or president. I'm not making statements against private property. It irritates me every time I hear the words urban sprawl. This is a beautiful part of the country. I know. I lived just outside of New York City, and when I came here to visit, I bought five acres of land. CHAIRMAN HANCOCK: Ty, even though our questions went -- ended up going far afield, your comments need to be pertinent to the element and sub-element. MR. AGOSTON: Yes. CHAIRMAN HANCOCK: You mentioned urban sprawl, so you were balipark. MR. AGOSTON: Why do we discourage urban sprawl? What right do you have of telling someone who pays your taxes on a five acre lot somewhere that you disallow his building on it because that would encourage the urban sprawl? I find that -- you know, I have a whole range of problems that I'm not going to waste my time telling you and I'm into going to waste your time listening to it, but let's be honest here. If you have -- I happen to have a number of lots because I have five children, and I have invited them a number of times to come down here, and they are not that anxious to live next door to me, other than the one who does, but the fact of the matter is that the idea that we're not supplying water and we're not supplying sewers into the estates to make it unattractive to other people, I find it repug -- repulsive or repugnant. This is ridiculous. We are here -- not me, you are here to do as much to your constituents as possible. You are a public service operation. I assume, and I listen to, and I know most of you, that you are, and as far as I'm concerned, when you say or someone you listen to say that we want to contain, are you trying to purchase like they are promoting the idea of putting them in tenements along 417 Is that the idea? I heard somebody say in a newspaper article that you will provide eyes to prevent crime. Well, I hate to tell you, it didn't do that in New York City. COHMISSIONER HAC'KIE: What does this have to do with potable water? MR. AGOSTON: It has something to do, ma'am, with the expansion of water and sewer in the -- outside of the urban area. COHMISSIONER HAC'KIE: Okay. I'm having trouble -- MR. AGOSTON: I know that you have a legal education, ma'am, and I'm just a poor foreigner, but the fact of the matter is, is that there is a connection. COHMISSIONER HAC'KIE: I'm just having trouble, despite my great education. MR. AGOSTON: I have no problem, ma'am. I'd like to explain anything I can, which I'm in a very poor position to do so. CHAIRMAN HANCOCK: Mr. Agoston, you asked about, you know, urban sprawl. The reason there's an urban boundary -- this is something that the previous two speakers failed to recognize -- is that if this county built out at even four units an acre outside of the urban area, there's no way we could provide the water, the road, the sewer, all of the necessary infrastructure for that population. So, you have to draw a line somewhere to say this is an area in which we can provide for densities, higher densities to allow for the provision of infrastructure. Outside of that, we just have to accept rural services, which are lesser in character in nature than urban services, and that's why that line exists is because we are saying where we can provide those services makes the most sense to have higher densities. Where we can't provide those services, those higher densities would be detrimental to the overall community. That's the reason. It has to deal with density, the number of people in a given geographic area is why we have an urban area; not because we don't want people to use their land. MR. AGOSTON: Mr. Hancock, I agree with you completely if it wasn't for the fact that you guys declined to build sewer and water and allow it to come into northern Golden Gate Estates. The area is building very rapidly. I understand that Collier County is one of the fastest growing areas, and of that, northern Golden Gate Estates is the fastest area -- growing area of Collier County. So, by extension, we are talking about the fastest growing area in the country, and we don't allow water and sewer, I consider it silly. The density is not going to be increased -- I mean, currently, the zoning is two and a half acres per dwelling. You're not talking about density here. What you're talking about is the alignment of people trying to force everybody back to those tenements they are building along 41. That's all. CHAIRMAN HANCOCK: Actually, there's another point, but you and I can discuss that in private. There's an economic side to this that you and I need to sit down and discuss. I think you'll understand it a little bit better, but I'd be happy to share that with you at another time. MR. AGOSTON: Thanks. CHAIRMAN HANCOCK: Thanks, Ty. Mr. Anderson. MR. ANDERSON: Good morning. For the record, Mr. Chairman, commissioners, my name is Bruce Anderson. I simply wanted to point out to you that there is an alternative to raising a white flag of surrender on this water and sewer element issue. What the Department of Community Affairs asked, if my recollection is correct, is they asked that you specify the area in the rural area that this would be permitted, because the way it was written, it could have occurred anywhere. So, you do have an alternative to delineate a specified area where this would occur. So, I simply wanted to point that out. Thank you. CHAIRMAN HANCOCK: Thank you. Ms. Leinweber, were you to speak on this item? MS. LEINWEBER: Yes, please. CHAIRMAN HANCOCK: And folks, we need to -- we need to kind of get through this. We're past a break, and our poor court reporter's fingers are about to fall off, so '- MS. LEINWEBER: I'm usually pretty quick. I'm Julie Leinweber, and I am speaking for myself, and I am not a paid employee. I never thought I'd see a day when the developers -- and I'm talking about Twin Eagles -- are better stewards of the land than the environmental groups. I don't know if you read last week's Forbes magazine with Carol Brunner (phonetic) on the front cover. She's head of the environmental groups. She gets billions of dollars from the taxpayers to -- to run the environmental groups. Forbes magazine referred to them as mission creep. When I read that, it really hit home that the environmental groups are, I think, not for the people, not -- I'm wearing green today. I think I'm a better environmentalist than most of them are, but we need to look at them for what they really are, and I think our county commissioners are doing it. I suggest you go forward, take action. It's the taxpayers' money they are spending on this, and in the long run, we all pay for it, and I think we are seeing the environmentalists for what they really are, creeps. Thank you. CHAIRMAN HANCOCK: Were you to speak on this item, sir? Okay. Please step forward. Is this our last speaker on this? Okay, I'm going to make it our last speaker on that then. COMMISSIONER CONSTANTINE: Was that related to water and sewer? MR. BALM: Michael Balm, I'll just tell you for those who don't know, co-founder of the Estates Coalition of Homeowners, however, I'm speaking as an individual at this point, and I do want to indicate that I did spend ten years in local government, public works management, where one of my key responsibilities was managing water and sewer systems, and I need to say up front that one of the sacrifices that I made when I decided to build in the estates was recognizing the economic problem of being able to extend water and sewer facilities. This is why I am speaking as an individual because most of my co-residents, I'm sure, would be greatly opposed to me when I say give me water and sewer and I'll take it in a heartbeat. What I think our problem was with all of it, and we really do like to distinguish the fact that we're trying to just deal with the estate residents as much as we can. Most of them understand that they've made this sacrifice. I think their concern came with a lot of misinformation, and the fact that we have a problem still getting, primarily staff, to take us seriously and to meet with us on different things. We get a lot of different stories. We get a lot of things that are told to us. I think all we are trying to say is when you're going to do something, i.e., Twin Eagles -- as I read it, I think it was done very well. I think it was done specific to that project, and I think that's the way things should be done. The concern is still the fact that if we do anything that's going to encourage that urban growth and create that kind of impact on us and take away what we've already sacrificed for and can't have, don't give us the stuff that we don't want, and I think that's all we are asking for is when you come back in the next element, that you listen to some of us, maybe you get an advisory group of people out there that are willing to sit down with you and explain not only their position, but the fact that if you plan it properly, then do something about it. The other aspect I guess that -- you know, I'm going to try to quit here -- that I think is very important is everyone acknowledges that there are still septic systems within the urban area. Well, good faith effort to me, and not knowing all of the history, would seem to be then let's bite the bullet, and if you're true to the fact that you're going to provide these kinds of systems in areas where they are needed, for schools, et cetera, beyond the urban boundary, then let's bite the bullet and come back and let's get rid of the septic systems that are within that urban boundary. I'm an absolute proponent of having centralized water and sewer. I know for a fact that it makes a difference. Anybody that tells me that a septic system is better doesn't know what they are talking about. I don't care how much expertise they've got, it is not good for our environment. It's not good for the future, and I think we need to find people that understand that and are willing to work with all of what our choices are and work together, and I know we can do it. It's one of the reasons why we live here. We don't live here just for the climate. We live here because this is one hell of a place to live, and we need to start getting people together and let's get rid of all this other nonsense. You know, it's a team effort. Let's just do it. CHAIRMAN HANCOCK: Thank you. Yeah, but my grass grows really well around that septic system. COMMISSIONER BERRY: Yeah, it does. CHAIRMAN HANCOCK: It's probably because it doesn't leak at all. COMMISSIONER MAC'KIE: Yeah, that's it. COMMISSIONER BERRY: Right. CHAIRMAN HANCOCK: With that, do we have -- Ms. Cacchione, Mr. Anderson had mentioned that there was an option. When we were going to work with the Conservancy, and I assume we are still doing that, and looking at places for appropriate -- appropriate locations for the type of thing that Twin Eagles is talking about, cjuster development and so forth, would those be limited to geographic areas? Was that the anticipated direction? MS. CACCHIONE: That was one idea that we had had, and we wanted to take an opportunity to put that altogether as a package and how water and sewer would work with the cjustering language, and so that's CHAIRMAN HANCOCK: It seems to me we would want to mirror any action on centralized water and sewer systems to the geographic areas that that would be establishing. So, I want to meld those two the best way we can, and I think it's premature to try and do it now. So, maybe it is better that we come back in six months or a year and try and do that with a rational nexus, being that we've identified these areas for that type of potential development and centralized water and sewer makes sense there. COMMISSIONER MAC'KIE: Close the public hearing. CHAIRMAN HANCOCK: I'll close the public hearing. COMMISSIONER MAC'KIE: Motion to approve staff recommendation. MS. CACCHIONE: That would be on the water element, and there are other amendments to that element such as cleaning up some of the language because it was done in 1989. COMMISSIONER MAC'KIE: Understood. COMMISSIONER NORRIS: I'm going to further give direction to come back at the earliest possible date and have some sort of language that may be more acceptable for a later date. CHAIRMAN HANCOCK: Yeah, I would ask the motion maker maybe to include the, I guess the general direction I stated which is to adopt it or to identify the geographic areas for both of those amendments to -- or both of those ideas to occur in. COHHISSIONER HAC'KIE: I absolutely agree with that, so sure, I incorporate that. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: A motion and second. Any further discussion? Seeing -- COHMISSIONER CONSTANTINE: I'd like his handicap corrected. I'll amend my second to reflect that. CHAIRMAN HANCOCK: A motion and a second. All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Okay. With that, let's take a ten minute recess and return. (Small break was held). CHAIRMAN HANCOCK: Good afternoon. We are going to reconvene the Board of County Commissioners' meeting. If I could ask you to stop your independent discussions or take them out in the hallway, we're going to get back on -- hopefully back on schedule here. COHMISSIONER BERRY: Yes, it's good afternoon. CHAIRMAN HANCOCK: Somewhere throughout the day, I'm hoping somebody changes that clock on the wall or I'm going to be in deep trouble. COHMISSIONER BERRY: Your day is flying. CHAIRMAN HANCOCK: Okay. Ms. Cacchione, our next element this morning. MS. CACCHIONE: The next element is a motion on the sanitary sewer element. I think you just had the discussion, and we need to get a motion on that element. CHAIRMAN HANCOCK: This really is a mirror of the potable water element? MS. CACCHIONE: Yes. CHAIRMAN HANCOCK: Okay. Questions of Ms. Cacchione? Anyone wish to reiterate their exact same statements they made on potable water or just stipulate them? Any speakers? COHMISSIONER BERRY: You know how I feel about this. CHAIRMAN HANCOCK: Seeing none, I'll close the public hearing. COHMISSIONER HAC'KIE: Motion to approve staff recommendation. CHAIRMAN HANCOCK: Would you want to include the same direction we gave -- COHMISSIONER HAC'KIE: Same direction; identical motion from the last one. COHMISSIONER CONSTANTINE: I'll second that. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Ms. Cacchione, why was that presentation so much quicker? MS. CACCHIONE: I don't know. Anyway, next item. COHMISSIONER CONSTANTINE: Here's a present for you. CHAIRMAN HANCOCK: We are drawing a blank at the podium, ladies and gentlemen, not that that's a bad thing. COHMISSIONER HAC'KIE: Who wants to do the next -- CHAIRMAN HANCOCK: Folks with natural ground water aquifer recharge sub-element -- that's a mouthful. MR. GIBSON: Sorry about that. CHAIRMAN HANCOCK: Mr. Gibson. MR. GIBSON: Commissioners, Gail Gibson from your pollution control department. The natural ground water aquifer recharge sub- element was rewritten with consensus of a citizens advisory group, staff and presented as continuation language to DCA. It went through the planning commission and through this commission's vote. The DCA reviewers decided that the language was vague, without aim, intent, effect, it could not be meaningfully measured in that continuation language. So, we went back and recrafted that language to be, we think, less vague, to be able to identify, to be meaningful and to have measure without changing the philosophy and direction that the board had. CHAIRMAN HANCOCK: How about the fiscal impact, Mr. Gibson? MR. GIBSON: None. CHAIRMAN HANCOCK: Do these changes represent any fiscal impact? MR. GIBSON: No fiscal impact. CHAIRMAN HANCOCK: Okay. Questions of Mr. Gibson? Seeing none, do we have speakers on this element? Seeing none, I'll close the public hearing. Is there a motion? COMMISSIONER NORRIS: Motion to approve staff's recommendation. COMMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. Mr. Gibson, thank you very much. The next item is the solid waste sub-element. Do I have anyone to make a presentation on the solid waste sub-element? I thought I saw Mr. Russell. COMMISSIONER CONSTANTINE: It appears that the only difference is that the state wanted to make sure we assure public awareness and that we've done that by adding the wording of, by requiring all issues to be addressed in advertised public meetings. CHAIRMAN HANCOCK: And recognizing this board's tremendous high priority of public involvement on any and all issues, then -- MS. LAYNE: Mr. Chairman. CHAIRMAN HANCOCK: Yes, Ms. Layne. MS. LAYNE: I guess Mr. Russell had to step out. Lee Layne on the solid waste sub-element. Most of the changes that we received on the ORC were based on requiring that any discussion be an advertised public meeting. So, we recommended those changes be done. There's also a definition of permittable capacity. CHAIRMAN HANCOCK: And that's pretty much what we do already, isn't it, Ms. Layne? MS. LAYNE: Yes. COMMISSIONER CONSTANTINE: It would be kind of hard for us to vote on changes without doing that in public. COMMISSIONER MAC'KIE: I just want to know how to pronounce putrescibles. CHAIRMAN HANCOCK: Putrescibles. You need to sit down with Dr. Stokes for about an hour. COMMISSIONER CONSTANTINE: You just learned a new word. CHAIRMAN HANCOCK: You'll have putrescibles down. COMMISSIONER MAC'KIE: Putrescibles, got it. COMMISSIONER BERRY: Those things that rot. COMMISSIONER MAC'KIE: Rotten stuff, got it. CHAIRMAN HANCOCK: Any questions of Ms. Layne on this item? Seeing none, is there anyone here to address us on the solid waste sub-element? Seeing none, I'll close the public hearing. COMHISSIONER NORRIS: Motion to approve staff's recommendation. COMHISSIONER CONSTANTINE: Second it. CHAIRMAN HANCOCK: A motion and a second. All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. MS. LAYNE: Mr. Litsinger will present the drainage. CHAIRMAN HANCOCK: Okay. Mr. Litsinger. MR. LITSINGER: Mr. Chairman, Stan Litsinger, comprehensive planning. The drainage element, I'm going to present that. It's more of a policy and procedural matter as opposed to technical issues. If there are any technical questions, Mr. Boldt will be here to discuss those with you. As a little bit of background, as we're all aware, about four years ago, we had an amendment, extensive amendment to our drainage policies and capital improvement plan which subsequently was found not to be in compliance due to consistency issues with state statutes and our own internal consistency of our comp. plan. After four years of litigate -- preparation for litigation, discussions on potential settlement agreements, two of which were brought to this Board of County Commissioners, about six months ago, the Department of Community Affairs unilaterally dropped their challenge to that original amendment and found the amendments of 1993 in compliance. The reason I mentioned that is the nature of the comments or potential objections raised in the ORC report to the EAR amendments are substantially of the same nature. The reason I say that is we may or may not be headed down that same road again. On Page 78 of your agenda package, we have the proposed responses to each of the objections on the various policies for DCA, and I would like to point out that these proposed responses were arrived at after extensive discussions with DCA staff here in the county on August the 20th. The key issues have to do with the definition of existing deficiency, whether or not Collier County has any deficiencies in its drainage level of service standard and the intent of the Board of County Commissioners upon adoption of the water management master plan in 1989. The gist of the issue is -- relates to may versus will take action. The position of the county has always been that upon presentation of the water management master plan, as stated in the language, it left the option of the board, may use the water management master plan to amend the level of service standards. However, we did have an adopted level of service standards which was in compliance and remains in compliance. To go on from there, the nature of the objections had to do with the Department's definition that we did not outline proposed capital improvements and studies to raise what they call a deficient level of service standards. We believe through our discussions with current staff at DCA on August the 20th, we were able to relieve their concerns as to whether or not there is an obligatory action due from the county to change the level of service standard for drainage. We cannot guarantee that this amendment will be found in compliance, but it's our best effort to try to alleviate their concerns. Very specifically, what we've done in these policies is we've delineated specific studies that we are all aware of relative to the Gordon River, the Belle Heade area. Those capital improvements will be outlined in the capital improvement element relative to Lely and those capital improvements currently taking place up in the Naples Park area. We extended the language in some of the policies to reflect their annual update and inventory report to clarify that each year we not only review our facility capacity, but also its performance against the standard, and that we also update our maps annually relative to drainage issues. At this time, I would ask if there are any questions. CHAIRMAN HANCOCK: Mr. Litsinger, just so the folks watching on TV and those here today understand how their state tax dollars have been spent; in 1993, we proposed similar recommendations. We're found not in compliance, and after four years of wrangling with DCA, we were found to be in compliance; is that correct? MR. LITSINGER: That's correct. COHMISSIONER CONSTANTINE: A different bureaucrat. CHAIRMAN HANCOCK: So, now we are proposing a similar -- almost the same recommendations, and we are probably expecting DCA to find us not in compliance again? MR. LITSINGER: Highly probable. CHAIRMAN HANCOCK: Okay. If that's the case, I think -- that case history of what's gone on there is something we need to make our state legislatures aware of, because if they've got that much time on their hands, maybe their budget needs a real hard look up there. Questions for Mr. Litsinger? COHMISSIONER NORRIS: That's a good idea, Mr. Chairman, passing these things along to our state representatives. It's really important that we have someone up there that will pass that along to DCA and see if they can do something about it. Apparently, the group that we have up there now is not doing too well. COHMISSIONER BERRY: We need somebody up there. CHAIRMAN HANCOCK: Okay. Questions of Mr. Litsinger? COHMISSIONER CONSTANTINE: I couldn't agree with you more, couldn't agree with you more. CHAIRMAN HANCOCK: Seeing none, are there any members of the public that wish to speak on the drainage sub-element? Seeing none, I'll close the public hearing. Is there a motion on this element? COHMISSIONER CONSTANTINE: Motion to approve staff recommendation on the item. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: A motion and a second. All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. Thank you, Mr. Litsinger. MR. LITSINGER: Thank you. CHAIRMAN HANCOCK: Next up to the plate, Mr. Lorenz on the conservation and coastal management element. MR. LORENZ: Yes. CHAIRMAN HANCOCK: Good morning. MR. LORENZ: Good morning. The -- for the record, Bill Lorenz, natural resources director. This particular element, DCA had roughly 25 to 30 objections from the transmittal document that the board approved in the spring. CHAIRMAN HANCOCK: We didn't have 25 or 30 changes. MR. LORENZ: Close to that. Yes, we did, but that's what they commented on. Their -- the nature of their objection was that we did not define a precise enough intent or aim or effect with proposed language. So, sitting down with that meeting that we had with DCA earlier, in I believe it was August, we received some direction in terms to try to -- how to reword the policies that would make for those specific aim and intent. The staff put together the information that basically provide -- provides that language with the intent of not going beyond the board's direction, whether in scope or degree, and that's the nature of the document that's in front of you. I do have to bring up Ken Pineau, however. There is a particular objective or policy in emergency management that deals with evacuation zones that I think would be worthwhile for him to explain the change for that one. CHAIRMAN HANCOCK: Okay. Let's deal with that one first. Mr. Pineau. MR. PINEAU: Good morning, commissioners. Ken Pineau, county emergency management director. The Department of Community Affairs defines the coastal high hazard area once again to be the category one; not storm surge zone, but the category one evacuation zone. So, we've had to expand it a little bit further. For example, Naples Park is a very good example. The 500 block of Naples Park, about 90 percent of that is outside of the category one storm surge vulnerability zone, but in order for us to evacuate populations, we have to do it by street. So, we had to include the 500 block into that zone, and Marco Island is another exception. The highlands of Marco Island -- we consider all of Marco Island to be in a category one vulnerability zone, so everybody would have to evacuate, but it puts even the folks living in the highlands in this coastal high hazard area. That's primarily the only significant change. CHAIRMAN HANCOCK: The difference being vulnerability is much broader than storm surge because storm surge is based on technical data, the landfalling storm and whatnot. MR. PINEAU: That's correct, yes, sir. CHAIRMAN HANCOCK: Okay. Questions for Mr. Pineau? Thank you, Ken. Mr. Lorenz, I know you have a lot to get to, but I can't help but ask this. On Page 95, through the mechanisms and criteria contained within this element, control West Indian Manatee deaths to no more than the five year annual average of 1983 through 1987, which is 11 total deaths per year. We're going to control the West Indian Manatee deaths according to this. If we can do that, I think it would be elevated to something that has a higher power than the county commission, but I don't understand, one, how we control the number of deaths, and two, if there are 12, what does that mean? This just seems like a very odd -- I know it's in the plan previously, but it just seems terribly odd. COMMISSIONER CONSTANTINE: Something to add to that question, it seems like it should be as -- perhaps a more logical way would be as a percentage of the population as opposed to a specific number, because from what we've been told, the number of manatees have actually grown in the past several years because of the protective efforts, and so if we have more there -- hopefully we don't have any more deaths, but if you have 12 instead of 11, that could theoretically still be a lower percentage of the total population. CHAIRMAN HANCOCK: What's the practical side of this? I'm missing it, I guess. I mean, we've adopted slow speed zones and taken measurable steps to try to protect the manatees in the inland and shallow waters, but what is quantifying the number of deaths per year? I mean, is it caused by boating traffic? Is it caused by natural conditions? I mean, this just seems odd. Is it something we put in there to pacify DCA that has no meaning? MR. LORENZ: I believe in the original 1989 plan, which, of course, you see the language, has the 11 deaths. That was based upon the regional -- the regional plan was identified to that particular level of death rate, and that was a way to quantify that particular objective. We use that -- we used a variation of that -- that -- that policy from the regional plan to put in the original 1989 plan, and we are just trying to simply clarify the language. DCA came back to us and didn't think it was very clear. CHAIRMAN HANCOCK: So, if 12 deaths occur, what happens? I mean, granted, I'd love to see none, but if 12 occur -- COHMISSIONER HAC'KIE: It's a legal question -- CHAIRMAN HANCOCK: -- what happens? COHMISSIONER HAC'KIE: -- so Harjorie, why don't you tell them. MS. STUDENT: For the record, again, Harjorie Student, assistant county attorney. I don't know that really anything happens, and it's my understanding it was supposed to be for accidental deaths, not for deaths from some sort of disease, and I might add there's a 9J-5 requirement that this was written to address that, being restriction of known activities that have an adverse impact on endangered or threatened wildlife, and I believe that that policy nine years ago or objective was written to address this 9J-5 requirement. CHAIRMAN HANCOCK: So, we would have to have 12 deaths created by some form of human contact directly in order for us to take any remedial steps, whatever those may be; is that a fair assessment? MS. STUDENT: I think it might be, but I -- as far as the effect, it's just for us to be able to do something which I believe the policies under there show how we are going to achieve that, and that's just to have some measurability to it, but as an adverse impact, I don't think there is any. CHAIRMAN HANCOCK: Thank you. Mr. Lorenz, did you have a -- I'm sorry I interrupted you there -- but a balance of presentation on the remaining items? MR. LORENZ: No, not unless you want to go through each and every one. I think the only -- the only specific difference that you would want to take note of is on Page 12 of my report, and I think we may have to cross-reference, because I don't know your agenda page. COHMISSIONER NORRIS: Ninety-five. MR. LORENZ: Page 95 of your agenda packet, just above the manatee objective where it shows that wetlands shall be delineated, DCA recommended that particular wording, shall versus should, to be more specific. This particular wetlands delineation is required by -- the county is required by the state to adopt or use the state definitions. So, I felt comfortable using the word shall versus should in terms of that degree of commitment from the county. CHAIRMAN HANCOCK: Okay. Questions of Mr. Lorenz? I think, appropriately, I'd like to remind everyone, there's a sign out in the hallway that asks you to turn all cellular phones and pagers to a silent mode or off when in the room. I'd appreciate you complying with that. No questions. Do we have members of the public that wish to speak on the -- COHMISSIONER CONSTANTINE: One question, what happens if we just don't include them, and I concur with your concern that we just picked this number 11 total deaths, and I'm not comfortable doing that. What happens if we simply don't do that? What if we eliminate that entire objective? COHMISSIONER HAC'KIE: Then we'll get notice that we aren't in compliance with 9J-5. COHMISSIONER CONSTANTINE: Right. COHMISSIONER HAC'KIE: And then -- COHMISSIONER CONSTANTINE: And then -- CHAIRMAN HANCOCK: We go to court over that item. COHMISSIONER CONSTANTINE: And part of my concern is, again, referencing population, is it's not a big difference in numbers right now than it was in '83 through '87, but it is a higher number of what our population estimates -- what I've been told. If that number continues to grow, we're stuck on number eleven here. There's no logical reason for that. It just seems like -- you know, I think of the alligator population in the '70s and the alligator population now, you could have picked a specific number that made perfect sense in the '70s, but there's certainly no shortage now, and I would hate to have us tied to a particular number and be penalized ten years from now if through our efforts there are five times as many manatee. MR. CAUTERO: Vince Cautero, for the record. I might be able to answer the questions, Commissioner. I've dealt with the specific situation before, specifically with the manatee plan in and of the county. What DCA would do in a situation like that, my prediction would be they would find that objective not in compliance, and then you would simply negotiate language that they were comfortable with, and you may have part of the solution there in dealing with averages. I notice the objective now deals with that. We've altered that a little bit to try to accommodate DCA's concern. The key to remember is with objectives with the Department of Community Affairs, they are looking for numbers always. They are looking for something that is measurable rather than a general statement which is more along the lines of a goal or a policy. So, one of your options might be to leave the language to -- the way it is now, and then we might be able to talk to them about what type of average, what type of number they are comfortable with. COHMISSIONER CONSTANTINE: I have two specific -- MR. CAUTERO: I wouldn't eliminate it though. I wouldn't recommend that. COHMISSIONER CONSTANTINE: Two specific concerns, one, I'd like to see it as a percentage as opposed to a specific number, a percentage of some group -- you know, whatever is the recognized population estimate, and then secondly, I think we need to have the word accidental in there because as it reads, you could have 12 manatees die of old age, and that's 12 deaths, so -- MR. LORENZ: Boat related or -- CHAIRMAN HANCOCK: Yeah, I think more than accidental. It's got to be some -- COHMISSIONER NORRIS: Collision with boats. CHAIRMAN HANCOCK: Yeah, collision related because, you know, unless we've got manatees committing suicide out there, all of them are accidental. A little manatee hara-kiri going on. I think we do need to do something to open up the door to negotiating a percentage of a total number because that does make sense because we can get trapped in this that ten years from now -- you know, hopefully the manatee population will -- will -- will just boom like the alligators did in the '80s, but if that happens, I'd hate to be tied to a number that's unrealistic. COHMISSIONER HAC'KIE: I just need the record to reflect that we do still have a height requirement in the county administrator's office. CHAIRMAN HANCOCK: Mr. Fernandez, did you request Hike specifically to do that job? MR. FERNANDEZ: Not me; somebody else did. MR. CAUTERO: Commissioners, what I would recommend is, perhaps, giving us some time during the course of your public hearing today to craft some new language that we could bring back to you before you adjourn today. CHAIRMAN HANCOCK: Okay. I'd like to see that happen. So, rather than take a motion, shall we table this item? COHMISSIONER CONSTANTINE: A motion to table the item -- COHMISSIONER BERRY: Second. COHMISSIONER CONSTANTINE: -- until staff returns with the wording. CHAIRMAN HANCOCK: What we'll do is we'll table the item, and open it up with the language and then public comment on this item later. All those in favor of the motion to table, say aye. Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Second -- aye. That was for the whole element; not just that one objective? COMMISSIONER CONSTANTINE: Correct. CHAIRMAN HANCOCK: Correct. So, the entire element has been tabled until later in the day. Thank you, Mr. Lorenz. The next item is the transportation element. I see Mr. Jones heading to the microphone for this one. Good morning, Mr. Jones. MR. JONES: Good morning. Mr. Chairman, commissioners, Gavin Jones from the MPO for the record. I'm bringing you the staff's responses to DCA's comments on the elements -- the amended element that was sent to them. I understand you have a description of our memo back to them describing the changes that we were going to make in the element. The most substantial ones would be the combining of the aviation and the mass transit and the traffic circulation into one -- one element called the transportation element. DCA also wanted us to include some maps that would show the operating level of service of county roads years out into the future. Those would be included. They wanted to see maps of pathway facilities. Those are being included. The amended element essentially includes by reference now the aviation elements for the Everglades and the Immokalee and the Marco Island airports, their master plans and the comprehensive pathway plan. CHAIRMAN HANCOCK: Okay. Questions for Mr. Jones? Seeing none, do we have members of the public to speak on the transportation element? Seeing none, I'll close the public hearing. Do we have a motion? COMMISSIONER NORRIS: Motion to approve staff's recommendation. COMMISSIONER BERRY: Second that. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: A motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five-zero. Mr. Jones, thank you. The next item is housing element. I see Mr. Mihalic. Good morning, Mr. Mihalic. MR. MIHALIC: Good morning, commissioners. For the record, I'm Greg Mihalic, department of housing and urban improvement, and commissioners, this is not a typical EAR report like you've seen for the other elements. We've chosen to rewrite this element completely, and I think -- and large because of that, we've got 25 recommendations from the DCA on how we can change this element, and we have had some technical assistance from them and discussions, and we have made the changes in large part that they've requested. I think there's only one open issue that I can think of. Unless you'd like me to go through each of those responses -- and that has to do with the letter you've gotten from the migrant farm worker justice project in which they would like us to delineate a particular number of farm worker housing units we will build in any particular year, and what we've responded in the element to DCA is that we want to use some more updated methodology. We are a joint participant in an evaluation of farm worker housing needs with the Southwest Regional Planning Council, and that will be done in June of 1998, and we will incorporate whatever requirements that study comes up with for the need in Collier County to be adopted within the element in a future cycle. However, right now, when this letter arrived, we called around to those facilities that have farm workers set aside requirements, and almost all of them had vacancies of one kind or another at that time, which indeed, is off-season. We also have 80 units that have been approved by this commission for Farm Workers' Village, Section E that cannot get financed because there's a question about what the needs are for farm worker -- migrant farm worker housing within Immokalee. You also have your fresh vegetable agri. business market down by at least 50 percent over the last two years as well as six packing houses that are out of business at this time. So, that raises serious questions in my mind about how much particularly farm worker housing we need within Collier County at this time. If there's any question about -- about that area, I'd be happy to respond. Secondly, you did get a memo from the city council -- this is joint city/county element, which I must say, is the only one in this state, which I think is a cutting edge in part of what we're moving toward, and I think that might have gotten DCA to look at it a little bit more closely and give us more recommendations, but the city council's recommendation, some word-smithing and some of the objectives is fine with us, and we recommend those changes because they request. CHAIRMAN HANCOCK: Okay. MR. MIHALIC: Can I answer any questions? CHAIRMAN HANCOCK: Questions for Mr. Mihalic? COMMISSIONER CONSTANTINE: Sure. CHAIRMAN HANCOCK: Go ahead, Commissioner Constantine. COMMISSIONER CONSTANTINE: Proposed objective one on Page 113 provides the number of affordable housing units shall increase by 750 units each year. MR. MIHALIC: Yes, Commissioner. COMHISSIONER CONSTANTINE: How do we make that happen? MR. MIHALIC: Well, in the past, we have an interlocal agreement with the city that we would build at least 500 units per year within the urban area. We've looked at the tracking of that, and we believe that we can achieve 750 units within the whole county. We also, with better computer systems that we have now within the development services area, we can track multifamily housing units at the same time. So, we are looking at low cost condominiums in that number as well as single family houses within that number as well as any affordable housing units that are constructed within that number, and we believe that we can achieve the 750 number. COMMISSIONER CONSTANTINE: What happens if we don't; if one year it's 600? MR. MIHALIC: Well, this is -- this is a best effort. I mean, this is a rewritten element. We will make our best effort to achieve 750 units a year. We would evaluate that in five years and let you know how we do toward that goal. If we don't achieve that goal, we don't achieve that goal. CHAIRMAN HANCOCK: But it's a goal and not a mandate. In other words, if we get to 600 a year in a given year, are we going to get sued by DCA? MR. MIHALIC: I -- I would want the attorneys to speak to that, but I believe it is a goal. CHAIRMAN HANCOCK: Because, you know, you can -- as stated previously, you can't force a property owner to build, so I'm just curious what our -- if we fall short of that, Ms. Student, what are DCA's remedies. MS. STUDENT: I don't think that DCA really has an option until we get to our next EAR. We would have to report on how we did, but DCA has an opportunity to get involved for review of the plan itself for amendments at this juncture for compliance with state law, and the only other way would be to challenge a development order if someone were to do that -- not DCA. They later can become involved, and I don't really see how that might come about either. So, I really think that this is in here to give us a goal to achieve and also give some measurability so we know when we do our next EAR how we -- how we've progressed. CHAIRMAN HANCOCK: Mr. Mihalic, you've heard me say before that the growth management plan is the stick we give the state to beat us with. MR. MIHALIC: Yes, Commissioner. CHAIRMAN HANCOCK: My concern is that we go from 500 to 750, and I think everyone on this board would call that an admirable goal and would hope that it be achieved, but opening up the door for the state to find us in noncompliance with our own plan by increasing the number is probably not a wise move even if that is the intent of the board, and that's the unfortunate adversary relationship we find ourselves in with DCA on these plans. So, I'm torn between what I think is a positive goal for the community and DCA's inability to recognize it as a goal instead of a mandate five years from now. So, I'm not sure which I give deference to, but that is a little bit of a concern to me. MR. MIHALIC: I believe we can achieve it, Commissioner, but we will work toward achieving it. If we can't achieve it, we can't achieve it. I must say that obviously there are many factors that go into building affordable housing. One of the major ones is financing, and if the state cuts us off from financing for those multifamily affordable housing developments, we will -- we will have a difficult time meeting that section of this goal, and of course, that would be our response back to DCA, you didn't provide the financing to allow us to build these communities. CHAIRMAN HANCOCK: Understood. Ms. Student. MS. STUDENT: There's another point, too. If we find that we can't meet this, we can, at any time, amend the comp. plan to reflect what we can meet with the appropriate data and analysis provided to DCA. CHAIRMAN HANCOCK: Questions of Mr. Hihalic? Commissioner Norris. COMHISSIONER NORRIS: Well, that was my -- the question I was going to ask as well is about the number 750. Do we have an opportunity today to return that to 500 or are we already committed to 750? MR. MIHALIC: The 750 was in the original plan, and there was no objection to that 750 number. I guess the attorney would have to speak to whether we can now go back to the 500 pre-submittal number. COMMISSIONER NORRIS: And one of the things I'm thinking about is that a couple years ago, we were seeing a number of affordable housing proposals come through, but there hasn't been very many lately. So, perhaps, the marketplace is saying for the moment we are a bit ready and we don't foresee in the next year or two putting any more on line. Now, when you interface that with the 750 number, it looks like, perhaps, if there's nothing out there in the pipeline -- and you may be more aware because you'll see them before we do, but if there's nothing out there in the pipeline, maybe this is not a realistic number, especially for this year. MS. STUDENT: That's the point exactly, Commissioner. If we can show that that number, 750, perhaps, is unrealistic, but I think we need to be able to demonstrate that to the DCA to be able to reduce it at this juncture, and also, whenever we change anything without the benefit of the ORC, we run the risk of having them object to it and -- with the opportunity to negotiate something out, but we are in an administrative process at that time, so -- COMHISSIONER CONSTANTINE: I mean, if they object, so what? MR. MIHALIC: I'm not quite sure if that means we can or can't change it, commissioners. COMMISSIONER CONSTANTINE: Then we can have a discussion on it, but my goal is to best serve Collier County, not to please DCA and never get an objection from them. So, I mean, if they object, so what. MS. STUDENT: We just need to be able, I feel, to support that reduction, and -- because we're supposed -- legally, we are supposed to have data and analysis to support the numbers and so forth that we come up with. So, if we can support that and you provide us with something here on the record, Greg, to support the 500, I don't know that there's any problem with that. COHMISSIONER HAC'KIE: But, in fact, the data and analysis -- the analysis that you've done has produced data to indicate that 750 is the appropriate number. MR. HIHALIC: It's an achievable number, Commissioner, and I think Commissioner Norris is right that right now we have a lot of affordable housing, multifamily units under construction. You must add to that the single family units that we also track. We have almost 500 single family affordable units that are coming on line every year. So, we're adding at least 250 multifamily developed units to that. Right now, this year we have a lot. Next year we may have a dry period, especially if the financing incentives are not available from the state and federal government to do that, although I think that explanation can be made in the future to DCA. CHAIRMAN HANCOCK: Well, you just -- you just hit on the key for me which is we are relying on state and federal funding to be there, yet we have no assurances from the state or federal government that that financing will, in fact, continue, and if you look at what's going on in Washington, I think there's real questions as to whether or not it will be there in five years. So, I don't mind committing to goals, but the problem is goals are contingent upon certain things happening and not happening, and that's why I asked if it was a goal because goals generally are not enforceable unless you're the Department of Community Affairs. Then, apparently, you can enforce goals. So, you know -- COHMISSIONER BERRY: It's a catch-22, Commissioner. CHAIRMAN HANCOCK: It is a little bit. I agree. We did transmit originally with 750 in there. MR. HIHALIC: Yes. CHAIRMAN HANCOCK: So, the only thing I can find that would cause us not to feel comfortable with 750 is that it is contingent upon the state and federal subsidies continuing or assistance continuing, and we don't have guarantees of that. Commissioner Constantine. COHMISSIONER CONSTANTINE: Unless there's other questions on that particular item, I have several others in this section that I have questions on. CHAIRMAN HANCOCK: Go ahead. COHMISSIONER CONSTANTINE: Item Number 5 on Page 12-A or Page 114 of the entire packet, objective two, by the year 2000, create a nonprofit housing development corporation formed with a cross section of representatives from businesses, government, housing advocates and community at large which will assist the city and county in achieving the new goal. MR. HIHALIC: Yes, Commissioner. COHMISSIONER CONSTANTINE: Does that mean salaried positions? Does that mean operating expenses? Does that mean desks and chairs and -- MR. HIHALIC: None of those things. It means creating a partnership of housing providers within the county to try to meet those housing needs, some of which are nonprofit housing development corporations. COMMISSIONER CONSTANTINE: Why would we form a corporation specifically as opposed to just a committee or advisory board or -- MR. MIHALIC: Well, they would, obviously, incorporate themselves, but the reason you do that is because there is federal funding and state funding out there specifically for those nonprofit development corporations that are not available to cities or municipalities. COMMISSIONER CONSTANTINE: Can we be assured that there will be no expense to the county in creating this? MR. MIHALIC: It isn't meant to be an expense. We may use some of the money we receive from either community development, block grants or our SHIP money to assist in that happening. I don't anticipate it being ad valorem taxes being used for that purpose. COMMISSIONER CONSTANTINE: On Page 116, 12, Item 2-12 at the bottom, actually 2-13, talking about the completion of a regional farm workers' study completed by UF. MR. MIHALIC: Yes. COMMISSIONER CONSTANTINE: Following that completion, the county will review the recommendations and begin an implementation program. MR. MIHALIC: Yes, Commissioner. COMMISSIONER CONSTANTINE: Hopefully the word review means we can look at it and still decide what's in our best interest; that doesn't mean we are required to implement whatever people at the University of Florida come up with? MR. MIHALIC: No, that is really the IFAS study that I've talked about that we are a partial funder through the regional planning council, but yes, we will review and look at those numbers, and it will meet the DCA methodology which is what that letter to you questioned, and it should meet those guidelines. COMMISSIONER CONSTANTINE: The next couple concern me the most. Objective three on Page 117, by 2000, increase the number of housing programs and the amount of funding available to promote preservation and protection of existing stable residential neighborhoods. Increasing government programs just raises an immediate red flag with me, and I'm -- what's the purpose of that, and why would we possibly want to do that? MR. MIHALIC: The purpose is to reach out for the other programs that are available at the state and federal level that we don't participate in, bring more of those resources back to Collier County to be utilized. CHAIRMAN HANCOCK: The comfort I have in that, Commissioner Constantine, is what follows is it identifies the SHIP and community development block grant and what we are already doing rather than trying to seek new funding sources or local funding sources. So, by that follow-up -- I had the same concern, and when I read the second half of it, I thought, well, it's just doing what we are doing now. It doesn't seem to be -- because admittedly, the SHIP funds have really had a good impact the last couple of years. So, that's where I found comfort in that. COMMISSIONER CONSTANTINE: The next one concerns me as a private property rights issue. Collier and City of Naples will monitor all identified historically significant housing to ensure that these structures are being conserved, maintained or rehabilitated. From time to time, you'll read horror stories of people who own property that, at some point, has been declared historically significant, and then they are somehow prohibited from doing what they want to with their own property. Also, we've had several items come before this board where the local historical archaeological group has asked them to be recognized as historically significant, and we specifically asked the question, will this have any impact, will this force any requirements, we've always been told no. It can only inure to all of our gain. These appear to read as though once they've been recognized as historically significant, there may be some restriction as to what we can do or what a private property owner can do with those properties. MR. MIHALIC: Well, Commissioner, under 9J-5, we are -- we do have to look and monitor those historically significant structures, and we will do that. We cannot speak to the property rights issue that will go on, and this should not mandate the property rights issues, but even within the SHIP program, we must have those funds available for historic uses if that's what's necessary within a residential structure within the parameters of our structure. Again, in my opinion, it will not affect property rights, but I think the attorney should speak to those issues. CHAIRMAN HANCOCK: Marjarie, to help frame your question, it says that structures are being conserved, maintained and/or rehabilitated. Does that mean it forces our hand on the historically significant structure if it's planned for demolition by the private property owner? I'm not sure what historically significant means, but -- MS. STUDENT: The camp. plan language is usually very broad. This is the language in 9J-5. We do have a historic preservation ordinance. I haven't had a chance to really go over it in quite some time, and it's my understanding that that ordinance is what would implement such a policy. I don't know that we're necessarily hamstrung. I think the language is broad enough where we can craft something, and as we must, legally to recognize private property rights and not work a taking, and I think that's what our existing ordinance does. Typically, camp. plan language is very broad and in many respects, it's aspiratianal as well. So, I don't know that necessarily hamstrings us at all because we have further regulations to implement it. CHAIRMAN HANCOCK: Good point, though. COMMISSIONER CONSTANTINE: Yeah, I'm not comfortable with that wording as it is. I just -- she's not comfortable that it does ham -- or not sure that it does hamstring us, but I didn't hear a definite no, it doesn't either, and frankly, I just don't like that direction. We've been told -- I've been told for five years, when those are passed, it has no impact other than, perhaps, making those properties eligible for funding from various groups, and if it has an impact through this, if it alters what we've been told, that's a very serious concern. COMMISSIONER NORRIS: How about this -- the recommendation from DCA says -- I guess that's the DCA recommendation -- is that it's to establish an aim, intent or effect -- well, an aim -- or an intent is really not the same as -- I think the wording there in the objective, the proposed wording to ensure is a little stronger than an aim or intent. COMHISSIONER CONSTANTINE: Agreed. COMHISSIONER NORRIS: Why don't we -- would it be possible, perhaps, to change that to -- CHAIRMAN HANCOCK: Encourage. COHHISSIONER NORRIS: -- encourage. CHAIRMAN HANCOCK: Yeah. I knew that's where you were going. I knew that. MR. HIHALIC: The attorney recommends the word determine if that's acceptable to the board. MS. STUDENT: I think -- COHMISSIONER CONSTANTINE: What word? MS. STUDENT: Excuse me. We've had some problems with the use of the word encourage in the past as being a little bit too wishy-washy, if you will. How about determine? That doesn't -- ensure is like you're guaranteeing something. Determine is just to -- make a fact- finding type activity. So, it seems to me that determine might be better off. COHMISSIONER CONSTANTINE: I don't know, to determine that these structures are being conserved. I think that's considerably stronger than I termed. CHAIRMAN HANCOCK: The term Commissioner Hac'Kie claimed sometime ago of sufficient wiggle room, I think. COHMISSIONER HAC'KIE: Yeah, it's cracking me up because what we're trying to do is make it wishy-washy enough that we don't have to -- you know, that we're not hamstrung and DCA is going to catch us if we use the word encourage. They might not catch us if we use the word determine. CHAIRMAN HANCOCK: You got -- if you know the bite of the snake, you treat them a little more -- MS. STUDENT: I suppose that we could perhaps say to encourage the conservation, maintenance and rehabilitation. I don't know if -- it's like pulling out a crystal ball to determine what -- you know, what they are going to pick out and what they're not. CHAIRMAN HANCOCK: I can determine a lot of things without ensuring that they happen, so the word determine is fine by me. COHMISSIONER NORRIS: I'll go with determine. COHMISSIONER BERRY: Determine works. CHAIRMAN HANCOCK: We have three for determine, okay, and maybe more, but we'll just cut it off there. Next. COHMISSIONER CONSTANTINE: I do notice that the next item in Policy 5.1 does use the word encourage, ah-hah, will be encouraged to maintain their historic value, and that appears to me more appropriate. COHMISSIONER BERRY: Yeah, but in the use of it there, though, they're saying that they want this to happen through technical assistance, so it's kind of we encourage you to take advantage of -- COHMISSIONER HAC'KIE: The technical assistance we are providing. COHMISSIONER BERRY: -- technical assistance, right, yeah. COHMISSIONER CONSTANTINE: Right. CHAIRMAN HANCOCK: Okay. Anything else on that element? COHMISSIONER CONSTANTINE: That concludes my comments on this section. CHAIRMAN HANCOCK: Okay. Further questions for Mr. Hihalic, and do we have anyone to speak on the housing element? Seeing none, I'll close the public hearing. Is there a motion? COHMISSIONER CONSTANTINE: Motion to deny the housing element section. CHAIRMAN HANCOCK: Is there a second to the motion? No second on the motion. Is there another motion on the table? COHMISSIONER HAC'KIE: Motion to approve with the one change in objective five to -- COHMISSIONER CONSTANTINE: Heavy breathing coming from the podium over there. COHMISSIONER HAC'KIE: -- change the word ensure to determine in objective five, but with that one change, to adopt the element as recommended by staff. CHAIRMAN HANCOCK: Mr. Hihalic, you have a -- MR. HIHALIC: Yes, commissioners. Can we include the City of Naples' recommendations that you received on 10/20 -- COHMISSIONER HAC'KIE: I thought you incorporated those into yours. Sorry. MR. HIHALIC: I don't believe it's been updated with those changes. COHMISSIONER CONSTANTINE: Are -- does your motion include any changes to the first item we discussed, the 750 units? COHMISSIONER HAC'KIE: No. Goals are good. CHAIRMAN HANCOCK: Okay. We have a motion on the floor that does incorporates the City's recommendations -- COHMISSIONER HAC'KIE: Yes, it does. CHAIRMAN HANCOCK: -- and changes the word ensure to determine in Policy 5. Is there a second for the motion? COHMISSIONER HAC'KIE: Guys, if we send back -- if we send it up once with 750 and then send it back with 500 without some data to support it, we are asking for an argument; not that that's the end of the world, but what changed to make us -- a few months ago we liked 750. COHMISSIONER CONSTANTINE: Just in answer to that, how long does it take, though, for DCA to go through this and have some response? If they happen to note that, I've got to assume it's several months from -- MR. HIHALIC: Four to five months. MS. LAYNE: Forty-five days. MR. HIHALIC: Oh, excuse me, 45 days. COHMISSIONER CONSTANTINE: Forty-five days. I would assume in 45 days, we can put that together, and it opens a discussion. I mean, there's not a penalty unless we just refuse to discuss with them, and I just -- COHMISSIONER HAC'KIE: Can I ask a question of maybe Mr. Hihalic or, actually, I know Ms. Golden is here from the City of Naples? Does it help or hurt us as we seek to obtain this federal and state money to have the higher goal? In other words, if we go to the state saying we want money; we've got this goal of 750 in our element, does it help us to get that grant money or does it have no effect? That's what my bottom line concern is, is I don't want to impinge -- impede the effort. MR. HIHALIC: I don't think that in that -- in the comprehensive plan it would make any difference in applying for monies whether we have 500 or 750 in as that number. COHMISSIONER HAC'KIE: So, other than just goal setting is good, is there any other real world effect to the change? CHAIRMAN HANCOCK: Can I offer a suggestion, Commissioner Hac'Kie? COHMISSIONER HAC'KIE: Yeah. CHAIRMAN HANCOCK: We talked earlier about manatees and populations. If you looked at the anticipated growth curve of this county -- you know, the '80s were a boom, and the growth curve continues to slow because the availability of land becomes less and whatnot. As that occurs, a fixed number of required housing units becomes a larger and larger percentage of the actual built units in a given year. So, it becomes my concern that if we raise the number now, we are not just raising it now, but also increasing the percentage of built units per year required to be affordable housing, and that, in itself, if you look at that growth curve, could be problematic. COMHISSIONER MAC'KIE: And that sounds really logical, but I think that the actual effect -- I think the 750 is a smaller percentage of total housing units than the 500 was. MR. MIHALIC: I think it will be a smaller percentage because of the rise in our median income every year, commissioners. So, what could be considered affordable housing, that pool is getting larger and larger every year, and I guess it depends on the house price, median value rise versus median income rise, but so far, medium income has been the fastest growing in the State of Florida -- CHAIRMAN HANCOCK: Good, because I'm median. MR. MIHALIC: -- far out stripping -- far out stripping most other standards. CHAIRMAN HANCOCK: I live in a median house in this county. COMHISSIONER MAC'KIE: I'd like to leave the 750 in because I haven't heard any good data and analysis to support a change to reduce. So, that's my motion. CHAIRMAN HANCOCK: We have a motion. Is there a second for the motion? Motion dies for lack of -- fails for lack of a second, excuse me. Is there a substitute motion or an additional motion? Let's craft one here for the table here, folks. I make a motion we approve the housing element with the changes being that ensured is changed to determine, objective five, and the total number of units incurred -- or requested in affordable housing or listed affordable housing is changed from 750 to 500. COMHISSIONER NORRIS: Second. COMHISSIONER MAC'KIE: Incorporating the City of Naples? CHAIRMAN HANCOCK: Yes, I'm sorry, that also is included. We have a motion and a second. Any discussion on the motion? Seeing none, all those in favor, signify by saying aye. COMHISSIONER NORRIS: Aye. COMHISSIONER BERRY: Aye CHAIRMAN HANCOCK: Aye. Opposed? COMHISSIONER MAC'KIE: Aye. COMHISSIONER CONSTANTINE: Aye. CHAIRMAN HANCOCK: Motion carries three-two. COMHISSIONER MAC'KIE: Actually, I think it takes four. CHAIRMAN HANCOCK: Ms. Student, in order to transmit to the state, is it four affirmative votes required? MS. STUDENT: Yes, we have a resolution that provides for four affirmative votes, so -- CHAIRMAN HANCOCK: Okay. Then the motion does fail. At this point, we have no changes approved by this board to transmit to the state. I assume by -- COMMISSIONER NORRIS: That's the way it is then. CHAIRMAN HANCOCK: Okay. I assume then by lack of action, it is transmitted back as originally contained in our growth management plan. MR. MIHALIC: Thank you, commissioners. COMHISSIONER MAC'KIE: May I ask a question? Could we consider transmitting it -- that we would accept all of the changes of staff's recommendation except for the 750, and it goes back to original? COMMISSIONER CONSTANTINE: May I ask you a question? COMHISSIONER MAC'KIE: I hate to do nothing to this element because we've gotten an ORC report to which we must respond. CHAIRMAN HANCOCK: Well, that was mine -- that really was my motion, was the original was 500. My motion was -- COMHISSIONER MAC'KIE: The original was 750. CHAIRMAN HANCOCK: No, I meant prior to the change we transmitted to the state. COMHISSIONER CONSTANTINE: That's what I wanted to clarify. If no action takes place, it won't go to this all new stuff, it will go back to the prior existing -- COHHISSIONER HAC'KIE: No -- sorry. MS. STUDENT: The 1989 element would be what's in place because you just transmitted this previously. It wasn't adopted by ordinance or anything -- COHMISSIONER CONSTANTINE: Right. MS. STUDENT: -- so -- the only concern, and I need to raise this for the record as your legal counsel, is as part of the EAR process, we were to update each element based on our evaluation and appraisal report, and we may run into -- I don't know that we would, but we may run into a legal problem with that, and it may be difficult to defend. That's -- COHMISSIONER HAC'KIE: Can I make a -- try one more motion? CHAIRMAN HANCOCK: Yes. COHMISSIONER HAC'KIE: How about with staff recommendations, with the change of the word to determine, with the City recommendations, and with 650 instead of 750 as the number of housing units? We need to do something instead of just nothing. COHMISSIONER CONSTANTINE: I need to ask a question of our legal staff, and that is when you stand up and say, well, we could have a legal problem, and I don't know what will happen. It might not be defensible. It's an extraordinarily vague and somewhat threatening comment, not that you're threatening us '- MS. STUDENT: It wasn't intended as such. COHMISSIONER CONSTANTINE: -- not that you're threatening us, but it sounds as though it could be a threatening situation from the state. When you say, gosh, we can be open to a legal thing, specifically what are you talking about, and when you say you don't personally feel it may be defensible, I need you to specifically address that as well. MS. STUDENT: Okay. Well, Commissioner, we've had some other matters that I've been through in my almost ten years with Collier County doing this, and when you go to an administrative hearing, it's my opinion based on my experience and talking with colleagues in other counties, that the cards are stacked against local government with administrative -- in administrative proceedings, and I think that's just the way it is, and so, therefore, based on my experience and, you know, contact with colleagues that do this throughout the State of Florida, that's why I stated that. I think what you might -- COHMISSIONER CONSTANTINE: Specifically, what is the concern that the legal action would be? I mean, I understand if they take some legal action, whatever it might be, that the cards might be stacked against us, but when you say I fear in my expert opinion, and I would certainly recognize you as an expert in this field -- MS. STUDENT: Thank you. COMMISSIONER CONSTANTINE: -- that there may be legal action from the state, what specifically do you have a concern about? MS. STUDENT: It would be an administrative hearing, and it would go through the process of a hearing before an administrative law judge, and then it would go to the administration commission which is the governor and cabinet. Their ultimate stick with local government is to take away all sorts of funding that we receive, revenue sharing and so forth. COMMISSIONER CONSTANTINE: Understanding the process; specifically, what is it you think they will object to, though? MS. STUDENT: Well, the specific objection could be that to leave the housing element as was in 1989 does not reflect the evaluation and appraisal report, and that is why you're in this process. We do a report that reflects changes and facts from when we originally did our camp. plan as well as changes in the law and rule requirements, and if we fail to address these items, then we may be in for a challenge for failure to be consistent with our EAR report. COMMISSIONER CONSTANTINE: So, the other -- the other possibility is to -- MS. STUDENT: Not to mention 9J-5 because I believe 9J-5 has been updated since we did our original -- Greg could perhaps -- it has been updated. So, there could be some problems with being in compliance because of 9J-5 requirements. COMMISSIONER CONSTANTINE: The other possibility is that they might make no comment or that they might make some specific recommendations. MS. STUDENT: That's a very -- in my expert opinion, that's a very remote possibility because this element was scrutinized greatly. It got more objections than any other element in the camp. plan. COMMISSIONER CONSTANTINE: Well, the rewritten part. I mean -- MS. STUDENT: Yes. COMMISSIONER CONSTANTINE: -- I'm not sure if you're arguing against yourself there because the rewritten part -- MS. STUDENT: That's correct. COMMISSIONER CONSTANTINE: -- got more objections than any other part. MS. STUDENT: No, that's correct, but meaning that the element was under a great deal of scrutiny from that perspective. COMMISSIONER CONSTANTINE: And I'm sure because it was all completely new, that would very clearly explain why it would be under so much scrutiny. MS. STUDENT: Yes, I think -- COMMISSIONER CONSTANTINE: I'm not sure that bolsters your argument. I think if we're creating something new and it had more objections and more scrutiny than anything else, maybe there's something to be said for what we had. I don't know. I understand your argument but -- COMMISSIONER NORRIS: Well, I think you're saying that -- something that was quite acceptable under the rules six months ago, why isn't it today. That's what you're saying in effect, I believe. COMMISSIONER MAC'KIE: Actually, the question as I understand it is it was acceptable under the rules in 1989, and we are required to -- when it was adopted, it was perfectly fine, but the state law requires it to be updated and amended in accordance with the changes in state law. So, it would really get their attention if we send back to them our 1989 housing element. COMMISSIONER CONSTANTINE: Right, but we go through this process every year, and a year ago when we went through -- you know, whatever our most recent update was as far as affordable housing and all those issues, we came to some agreement with the state. So, it's not as though the county and the state haven't communicated since 1989. COMMISSIONER MAC'KIE: Right. I guess what I'd like to bring us around to the focus here is what is -- is the only -- I know you had several issues, but for a majority of the board or the balance of the other four, are there -- is the only problem we have here the 750 or do we just generally want to throw this whole element out, because it has had a great deal of staff work, and as Greg said, it's one that's cutting edge, and it's got a lot of state attention by being a joint city/county element. I hate to see us throw it out because of a problem -- if the problem is 500 versus 750. CHAIRMAN HANCOCK: I entirely understand your point, and I don't disagree that maybe the housing element of the plan needs a lot of work at the state level, but I like to choose my fights carefully, and I'm not -- I'm not disturbed enough to choose this as a major fight with DCA, and that's why I made the motion supporting the number 500 for two reasons. The five year EAR report requires you to look at your successes and failures. Through Mr. Mihalic's hard work and a lot of others, we've had good successes in the affordable housing area, and that has caused him to recommend raising that bar a little bit. I don't necessarily disagree with that, but I think we can raise the bar locally without asking the state to do it for us, and that's really the crux of my concern there is that when you have boom years in the stock market, you don't, you don't turn around and expect that every year. You recognize it as good years, and you hope it continues, and I think this is much the same way. COMMISSIONER CONSTANTINE: May I propose a statement this way? CHAIRMAN HANCOCK: Yes, it is, so before the housing market goes crash on us and we have DCA breathing down our necks because we couldn't meet the criteria we set forth to them, I'd rather go back to the 500, recognize those years as good years and be thankful for them and not, again, give DCA something to hurt us with. So, that is the issue between the 750 and 500 for me. I am not supportive of eliminating the element or sending it back in it's '89 form. COMMISSIONER BERRY: Mr. Chairman, your motion, again, that you had was to change the word in objective five to lower to 500. CHAIRMAN HANCOCK: Correct. COMMISSIONER BERRY: And to incorporate the joint city/county policy. CHAIRMAN HANCOCK: Correct, that was my motion that failed three-two. COMMISSIONER NORRIS: There is a motion on the floor. CHAIRMAN HANCOCK: Yeah, we do have a motion to -- same motion except 650 instead of 500 by Commissioner Mac'Kie. COMMISSIONER CONSTANTINE: Was that seconded? CHAIRMAN HANCOCK: Is there a second for that motion? COMMISSIONER NORRIS: I will second it if the number is amended to 500. COHHISSIONER CONSTANTINE: May I ask Mr. Mihalic -- CHAIRMAN HANCOCK: There's no second. The motion fails for a lack of a second. COHMISSIONER CONSTANTINE: Mr. Hihalic, a question, we've had several references to the 1989 plan. Have we made any changes since 19897 MR. HIHALIC: Yes, there have been updates since 1989. CHAIRMAN HANCOCK: Do you know when the most recent change that was approved by DCA was? MR. HIHALIC: I would say -- the legal settlement of the issue of what incomes we should -- we should be servicing, and we had a disagreement with them that was settled about five months ago during an administrative hearing. It took five years to settle that issue. COHMISSIONER CONSTANTINE: I just want to be clear. I don't think we are dealing with a 1989 plan. I think we are dealing with the latest version, which, frankly, is a 1997 plan and had been approved as recently as five months ago. CHAIRMAN HANCOCK: I'm just trying to measure the potential -- when we talked about solid waste earlier, we spent four years fighting them on something from '93 that finally, four years later, they said, it complies, by the way. I don't want to spend Mr. Hihalic's time doing that, and so I'm trying to avoid that, but I can't agree to raising the bar to 750 because, honestly, I don't trust DCA to act on it as a goal. They are going to act on it as a mandate, and I'm not comfortable with that. Mr. Hihalic. MR. HIHALIC: Well, if we put this in perspective, commissioners, DCA, through one study that they've done statewide, says that we need 14,000 additional affordable housing units within the county. Whether it's 500 or 750, it's a small number. I think -- I need to have an approved element or I'm afraid that our SHIP funding and some of our other funding may be in jeopardy next year if we don't -- if it doesn't meet our comprehensive plan, which must be approved. So, I'm a little bit concerned about that, about transmitting something that, obviously, isn't going to meet their evaluation. COHMISSIONER HAC'KIE: I'll change my motion to 500 so Commissioner Norris can second it. CHAIRMAN HANCOCK: Okay. The motion failed for a lack of a second, so we need a new motion on the floor. COHMISSIONER HAC'KIE: I repeat my motion. CHAIRMAN HANCOCK: With the number being -- COHMISSIONER CONSTANTINE: Will you repeat what it is? COHMISSIONER HAC'KIE: The 500, the City of Naples language in and the word changed to determine. CHAIRMAN HANCOCK: Policy 5. Okay. There's a motion on the floor. Is there a second? COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Second. Discussion on the motion? COHMISSIONER BERRY: Yeah. CHAIRMAN HANCOCK: Commissioner Berry. COHMISSIONER BERRY: I just want to ask a question. Regarding the joint city/county policy, and this is just a practical question, I think. If they are involved in this, and I'm not -- I'm just asking, does this mean that there would be some units built in the city? Is that what we are getting at here? MR. HIHALIC: Well, any units that we built in the city or the urban area of the county would be counted toward this joint element on the city side, but, I mean, this really reflects that affordable housing is a multi-jurisdictional issue, and both the city and the county are involved in this. Right now, we received the city's SHIP funding, and we administer that for the benefit of both city and county residents. We also administer some other funding that they receive and can use now within the county. So, there's cross jurisdictional issues. We have an interlocal agreement that talks about how much housing will be produced within the urban area and we renew that every three years. So, those are some of the issues involved. COMMISSIONER BERRY: Because technically, there's very little area in the city that they could possibly do -- MR. MIHALIC: That's very true, Commissioner, plus much of my operation is funded out of the general fund 001 which was a shift several years ago from 111 reflecting the city's contribution toward the efforts to run my department. COMMISSIONER BERRY: I'm ready to vote on this. CHAIRMAN HANCOCK: We have a motion and a second on the floor. No further discussion. All those in favor, signify by saying aye. Opposed? COMHISSIONER CONSTANTINE: Aye. CHAIRMAN HANCOCK: Motion carries four-one. MR. MIHALIC: Thank you, commissioners. CHAIRMAN HANCOCK: Mr. Mihalic, thank you very much. With that, we are past the noon hour. We will take a one hour lunch break to return with the Immokalee Area Master Plan; reconvene at 1:15. (A recess was taken.) CHAIRMAN HANCOCK: Good afternoon. We're going to reconvene the Board of County Commissioners meeting. We are in the -- still in the -- excuse me, ladies and gentlemen. If I could have your attention, please. Thank you. We are still in the EAR based amendments with the Immokalee Area Master Plan. Let's go ahead and proceed then if we may. MS. PRESTON: For the record, Debrah Preston, senior planner with the Comprehensive Planning Section. DCA had four comments on our policies and objectives that we had proposed. Staff is recommending to revise those changes according to their direction except for one new policy that -- DCA had comments on policy 3.2.2. Staff is recommending deleting the policy altogether. This deletion will not change the intent or the objective of 3.2 which deals with implementing the housing study. Support document has also been changed to correspond with DCA's comments on population figures. And if you would like me to go over any of the specific changes, I can do that at this time. If not, I'd like to go to the future land use map and explain a change that we're bringing forward to you today based on the Planning Commission's direction at their September 4th meeting and at their September 18th meeting when they approved it. CHAIRMAN HANCOCK: Okay. If you would be so kind as to state that direction in your explanation of how it affects the land use map. COMHISSIONER MAC'KIE: Deb, I'm sorry, but was this proposed by the Planning Commission or proposed by staff and approved by the Planning Commission? MS. PRESTON: It was proposed -- the Planning Commission directed staff to consider a change in the future land use map based on some input that they received from the property owners that own Lake Trafford Marina. COHMISSIONER HAC'KIE: Thanks. MS. PRESTON: And so we looked at it, and then we brought it back to them on September 18th. The property in question is 240 acres. It's located on Lake Trafford. The property contains four owners. The county owns the Immokalee Park there. There is the Lake Trafford Marina. There is one parcel of five acres that has a single-family residence on it. Then the remaining 220-some-odd acres is owned by one other individual. The intent of this new future land use map designation would be to help stimulate ecotourism in the area. The marina owners are interested and have already begun doing airboat rides and fishing on the lake. And the gentleman that owns the other 220 acres is looking at setting up a preserve for environmental observation. The language that would correspond with this RT, which is recreation tourist district, would be again to provide recreation and tourism activities that utilizes the natural environment. It would be low intense uses while preserving the natural features. Transient lodging such as motel and hotel uses would be allowed at 26 units per acre. Any rezoning of the property would be -- we recommend would be with the PUD with a minimum requirement of two acres. The property right now is basically zoned agricultural with a mobile home overlay on it, except for seven acres that contains the county park and the marina which is zoned park right now. If you have any questions about this land use change or the future map use change, I can answer them right now. COHMISSIONER HAC'KIE: I have one. I understand that those are the property owners who have come forward with some particular plans, but how is that line drawn? I mean, would it not be more appropriate to go on around the lake or down at least the edge of the lake that's in the future land use plan for Immokalee or '- MS. PRESTON: Well, most of the other lake property here -- right here is owned by individuals that have single -- some single-family homes developed on it. There's not any large tracts of land that we feel would be appropriate for development of ecotourism. COHMISSIONER HAC'KIE: I guess -- here's my concern is, when you -- when you create a category on a particular piece of land then, you know, we're affecting the market value of that piece of property. It all of a sudden has a whole different value in an appraisal process. And if the 500 homeowners wanted to conglomerate their property and have the option of, you know, some sort of a combined application -- it just troubles me to make something so site specific when it really creates market value where it doesn't otherwise exist. I just wonder why -- what would be the negative of allowing those other individual properties to -- to come into application for this kind of use? MS. PRESTON: We haven't had any interest. I mean, we can always come back in and, of course, amend the plan with this creation of the new land use district. But at this time we've only had really two property owners that have shown any interest in creating any kind of ecotourism opportunities around the lake. COHMISSIONER HAC'KIE: I understand that. And then I'll stop after I try to ask this one more time. Because here's -- my question is, from a planning perspective, not from a property owner's perspective, but from a planning perspective, when you create a category like this, if you didn't know who owned the property or you didn't know any -- you know, is that where you would draw the line or might you draw it somewhere else? MS. PRESTON: Well, I've looked at the area, and I believe this is appropriate just given the different characteristics of the land uses there. COHMISSIONER HAC'KIE: Okay. CHAIRMAN HANCOCK: In addition, if you do it in this area, the only way to access it is through really the center of the Immokalee area. And if you look at how we want all of the pieces of the puzzle to fit together in Immokalee, you can link ecotourism to some of the restaurants and so forth in the town. It seems to make sense and also the thing that concern -- the only concern I have is I like -- I very much like the concept of what's being proposed, the ecotourism, the -- you know, low impact cabins in the area or, you know, I think even bed and breakfast was mentioned or whatnot, but that doesn't jive with 26 units per acre. Twenty-six units per acre comes from coastal hotel/motel requirements where you have an acre of land to build a high-rise hotel or motel on. So I think if it wouldn't harm the approach, I would like to see a far lesser density or potential density in the transient lodging facilities than 26 units per acre. Otherwise, we're not talking ecotourism; we're just simply talking tourism. MS. PRESTON: I think staff would agree with your suggestion if you wanted to lower it to 12 units per acre. Or if you want us to look at it a little bit more and come back before the end of today, we can do that. CHAIRMAN HANCOCK: Because I know some of the property owners are here, I would like you to discuss with them how low we can take that density, because even though it's -- it would come back to us for approval, it may not come back when these five people are sitting here who understand the intent of this change. It may come back at some other time, and I would hate to see the -- even 12 units an acre. I mean, that's dense when we're talking about, again, an ecotourism proposal. So if you can give me some benchmark as a maximum that is less than 26 units an acre, I happen to find the rest of it very appealing. COHMISSIONER HAC'KIE: What's a lodge? I mean, what's the density for a hunting lodge kind of -- CHAIRMAN HANCOCK: One unit per 300 acres. (Laughter.) CHAIRMAN HANCOCK: The idea of a lodge is a central housing facility so the rest of the property can be used in its environmental state. And I like the idea of like little cabins or whatnot, but the idea is to have a natural system around them. I know the lake exists for that purpose, but I don't think we want to build up the shoreline of the lake. COMMISSIONER MAC'KIE: Oh, gosh, no. CHAIRMAN HANCOCK: You know, some of the folks that are here probably don't want that on the other property that they don't control. So that's why I'd like for you to discuss it with them and maybe come back with a little more of a -- what I'd call a realistic approach to, quote, transient lodging facility density. MS. PRESTON: Okay. We'll do that soon. COMMISSIONER MAC'KIE: Good idea. CHAIRMAN HANCOCK: Okay. Well, can we get a motion to table this item till later in the day? COMMISSIONER MAC'KIE: So moved. COMMISSIONER BERRY: I'll second. CHAIRMAN HANCOCK: Motion and a second. COMMISSIONER CONSTANTINE: For that particular item or the whole Immokalee -- CHAIRMAN HANCOCK: Do the whole thing since it requires a single motion to approve. COMMISSIONER CONSTANTINE: Are there any other areas of the Immokalee -- CHAIRMAN HANCOCK: I personally don't have a problem with the rest of it. That's the one thing that caught my eye. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Okay. That's the second held over and tabled to hear later. Okay. Next item on the agenda is the Golden Gate Master Plan. I see Miss Layne coming up to bat. MS. LAYNE: Good afternoon, Commissioners. The Golden Gate Area Master Plan, the ORC report that was received, the basic objections -- and I think we all probably knew this -- were on Goal 2 that we had the comments on. The first was about -- we had not originally placed any of these regulations on the southern Golden Gate Estates area. If you remember, we had the old DNR regulations. What staff is recommending is that these reg -- ACSC regulations only apply to those parcels that are actually in the ACSC, which they have to comply with anyway. CHAIRMAN HANCOCK: Thank you for Logic 101, Miss Layne. MS. LAYNE: The others were -- if you remember are objectives and policies said that we were telling state agencies what they had to do, and we were politely told that we cannot tell a state agency that they shall do something. They said you can recommend monitoring. You cannot tell them to complete something. So Objective 2.3, we said we will monitor DEP's completing its purchase of the southern Golden Gate Estates project. The work plan was submitted. If you remember, when we had the transmittal, that we put a date of October of '97 for them to submit the work plan. It was submitted in May of this year, so we put the new dates in there based on that work plan with completion of the reappraisals by December of '98 and coordinate with them on the interim goals based on the work plan that was completed in May of last -- of this past year. COMMISSIONER CONSTANTINE: Before we go too far, just to refresh, it was six months ago when we had this discussion and we had a roomful of people who were property owners in that part of the county. And earlier in this meeting Commissioner Hancock referenced we would like to select our battles carefully. This is one where we've had, supposedly, coordination with DEP for 15 years, and I had a newspaper quote with me. I don't have it today. I can go back and dig it out of the files. But I had it with me six months ago. It word for word was we are, quote, on schedule with our purchase program in southern Golden Gate Estates. It's been 15 years. They have purchased less than 20 percent, which means if they're on schedule, it will only take about 60 more years to complete buying all of it. COMMISSIONER BERRY: It's a long-term program. COMMISSIONER CONSTANTINE: Yeah. And it's kind of a long-term program. Right now there's no specific plan. There is no specific funding. And we said very clearly we're not telling the state what to do. We're saying if they can't do that -- and ironically one of the comments in here, it says -- from the DEP -- is that 2000 -- we had asked by December 31 of the year 2000 they should be able to complete this -- that date came from one of their documents. That was one of their alleged goals for what they were trying to achieve. And then it's them turning around and saying but that's not a reasonable time frame. And that came out of their own paperwork. So this is one of those battles that I would choose, because we have a number of homeowners out there right now who have been through 15 years of not being able to use their property because some day the state might buy their property with some money if they can get it. And in the meantime, they can't do anything with it. Just a minute ago, Commissioner Hac'Kie, you talked about affecting market value. Boy, what better example can you have of destroying market value? So I don't have any interest in the fluffy changes we've done, that we'll monitor it, and that we'll work with DEP. That's exactly what we've been doing, and it hasn't been the least bit effective. This is one of those I think we should choose to draw the line and on behalf of the people who own property in Collier County and can't make use of their own property, we need to challenge the state. We need to have them either move forward and have a specific way or they're not. And we had some time frames in here six months ago. If they can't meet them, then great. Let's go ahead and challenge them and ask them, because either they can do what they set out to do in a specific time frame or they can't. And if they can't, we can't keep holding these people hostage. MS. LAYNE: Well, basically, Commissioner, these are the time frames that we transmitted except for the reappraisal which was based on the work plan that you asked them to submit which they did. And within that work plan the only time change was the change from -- that we had set October of '97, because originally we had had December, I think, of 2000, and now we're recommending '98 because of what they had in the work plan. These objectives and policies are based on what the homeowners as well as staff and others in that area have agreed. COHMISSIONER CONSTANTINE: The dates are the same. MS. LAYNE: Right. COHMISSIONER CONSTANTINE: The substance is not. The dates were they shall complete it by then. Now it's we shall monitor to see if they do. And what -- you know as well as I do, Lee, we're going to get the year 2000, they won't have bought the land, and we'll be right back where we are right now, and we'll say, well, maybe we should challenge again. MS. LAYNE: Well, I understand the complete that -- that goes back to where supposedly we cannot tell a state agency what they shall do. COHMISSIONER CONSTANTINE: I know. And the one way we can do that or can challenge that is by not accepting this goal and let the state challenge us, and let's do what we need to do to get an answer. I think we will win in that case. I think you have literally thousands of property owners who have been -- the use of their property's been taken away. And for us to just roll over and give them another two or three years and then, well, we'll monitor it, and if they haven't done it by 2000, we'll look at it again. MS. LAYNE: So it's your recommendation instead of putting "monitor" to leave it back the way it was and transmit it -- COHMISSIONER HAC'KIE: I think you've seen enough nods on this board that that's -- I mean, that's what I'm going to support is just tell them we're very sorry, but we don't monitor anymore; we're back COHHISSIONER CONSTANTINE: And my recollection of our discussion six months ago was if they can't meet what we originally had, we were just going to eliminate Goal 2 altogether and -- COHMISSIONER BERRY: And there was a lot of discussion about that they didn't -- you know, other people didn't want us to do that, other agencies didn't want us to do that. However, they're not cooperating here. I mean, they're not working with us either, so -- COHMISSIONER CONSTANTINE: The whole purpose of eliminating Goal 2 isn't necessarily to have that area developed; it's to force the issue. Either they are going to purchase it and dedicate money or they're not. And if they're not, they need to let it go. CHAIRMAN HANCOCK: Put up or shut up. COHMISSIONER BERRY: That's right. MS. LAYNE: I need to -- I didn't understand your statement then. You're saying that -- CHAIRMAN HANCOCK: I'll tell you what, Lee, before we try and encapsulate it into a specific change, let's get through some board discussion because, Commissioner Norris, you had something. COHMISSIONER NORRIS: Yeah. I was just going to say that the only time we got any action at all and any cooperation at all in the last 15 years is when we told them we would -- we were going to bail out and take it out of our Growth Management Plan and then forget it; that got some action. And what we should do now is to put some stringent time limits on here, and if they don't -- if they don't proceed in a timely basis, then it's out of the Growth Management Plan and we ain't considering putting it back it in, you know. But I don't know how you'd formulate that into the plan, but that's what we would need to do. CHAIRMAN HANCOCK: I think we can. Miss Layne, what they have expressed to you is true, but the ultimate cop out. It's when they stand here and tell us, well, we believe we can do X, so we put it in our plan that they do X, and they say, well, DCA tells us we can't tell DEP what to do. Technically, they're correct. We could have in this plan the federal government should treat us fairly. It doesn't mean it's going to happen, and it doesn't mean it won't happen. There's no enforceability there. What we should have here is, if there's any leverage at all, is recognizing the time frames that were agreed upon by the DEP, that were agreed upon between the DEP and the homeowners from -- exactly -- from that podium right there. And if any of those time frames are not met to the day, this goal will be subsequently eliminated altogether. COHMISSIONER NORRIS: Irrevocably. CHAIRMAN HANCOCK: Irrevocably. COHMISSIONER CONSTANTINE: Automatically. CHAIRMAN HANCOCK: Automatically. And that's not us telling the state what to do. That's us trying to state what we're going to do if they don't live up to their end of the bargain. That we do have control over. So if the wording can be changed where you just basically add to each one of these or preface to any of those policies or objectives, that should the state not meet its goal as identified below, Policy 2 will be eliminated at the earliest opportunity by the Board of County Commissioners, period. We have the hammer then and we're not trying to tell another organization what they do or do not have to do. That would be my suggested remedy to bring both sides together. MS. LAYNE: Then if we put back in policy 2.3.3 which states that if none of these are completed, that this goal shall be deleted in the next amendment cycle of the Comprehensive Plan. COMMISSIONER MAC'KIE: That's right. COMMISSIONER NORRIS: Well, If you can add the word "irrevocably." COMMISSIONER MAC'KIE: Probably can't legally but still, you know, because we can't bind the future boards and all that stuff but __ CHAIRMAN HANCOCK: That's our issue, not DCA's. COMMISSIONER MAC'KIE: That's right. And the only other thing I want to say in support of it is that we don't have the room packed here today because I think they finally trust us to do the right thing, and I'm not about to forbear them that trust. MS. LAYNE: And then do you want me to change -- the way I understand the 2.3 and the 3.1 where we have "monitored," go back and put in the language "completion" in. COMMISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: Again, our position is not to tell the state what they have to do. We understand that. Our position is to tell the state what we're going to do if they don't meet their guidelines, their -- COMMISSIONER NORRIS: If they don't live up to their word, we're out. That's basically what we want to tell them. COMMISSIONER MAC'KIE: It won't say the State of Florida shall. It will just say the State of Florida has indicated that by this date it will do A, B, C. Collier County hereby advises that if they don't, we'll remove. CHAIRMAN HANCOCK: I think it's simpler by just using the word "will." The State of Florida will do X, the State of Florida will do Y, and the State of Florida will do Z. Otherwise if any of these goals are not met, then the Board of Commissioners shall -- COMMISSIONER CONSTANTINE: Then Goal 2 will automatically disappear. MS. LAYNE: Well, it can't automatically disappear. We'd have to go through public hearing process. COMMISSIONER MAC'KIE: Right. MS. STUDENT: Just a suggestion, if I might, on wordsmithing. CHAIRMAN HANCOCK: Your name for the record, please. MS. STUDENT: Oh. Marjorie Student, assistant county attorney. Could we state that policies, whatever, shall remain in effect so long as -- that way it makes it more plan language as opposed to putting in there a list of goals, because we're supposed to put in here as you cur -- as you state, what the county's doing. So if we put a time line that these are effective so long as the state does A, B, C, and D, then I think that gets us to where we're going. CHAIRMAN HANCOCK: As long as there is an automatic removal if one of those is not met. In other words, it automatically comes back to the board for approval if any -- yeah, I know it can't just be dropped out. We have to approve it. But that it says it automatically will come back to the board for removal if -- COMMISSIONER CONSTANTINE: Let me ask if there's any interest in doing the following. Part of the reason I ask is that what Lee just said about it won't automatically go. It would take, in essence, a full year whenever it comes back. And that's once. It would come back again in six months and -- is there any interest in removing Goal 2 now and forcing the state to address the issue? Either they're going to -- at that point they will say -- they'll be forced to say from a legal perspective that they have a particular plan and ante up what it is, or they'll be forced to acknowledge there isn't one. COHMISSIONER HAC'KIE: Well, in light of the fact that there's been a settlement agreement, you know, of some sorts recently where they've agreed on the appraisal process and there is a procedure in place, that was a big step in the right direction to change the process for the appraisals, you know, so that -- COHMISSIONER CONSTANTINE: But there's still really not a dedicated funding source. I mean, that's the key. COHMISSIONER BERRY: Well, yeah, there was. The -- we were told there was X number of dollars. But here's what I don't understand. You can have a reappraisal process. Now, if you do that, and you do it honestly, you have no idea what the dollars are going to be; right? Well, then, how can you have X number of dollars allocated over here and say this is what we're going to use, but oh, yes, people, we're going out there and reappraise your property and give you fair market value. That doesn't make sense. Because if that was the case, you wouldn't know what this dollar amount was over here, and you would have sufficient funds to cover whatever that reappraisal process is. It doesn't make any sense. And I think they know very well what they're going to do. I think they know they may have X number of dollars. I do not think, personally, that it's going to be an honest reappraisal. COHMISSIONER CONSTANTINE: I realize -- COHMISSIONER BERRY: It's not really fair if you put it that way. COHMISSIONER NORRIS: If I might, the point is that today the state has made some commitments to go forward with this, and until they break their word and don't live up to their commitments, I don't think it would be right to -- for us to go back on ours by taking this back out just unilaterally at this point. Give them an opportunity to fulfill their commitments. If they don't, fine. COHMISSIONER CONSTANTINE: My recollection, though, is that they are not meeting their commitment. What we had talked about six months ago is that if they didn't agree with the wording we submitted, we would eliminate Goal 2 and particularly -- MS. LAYNE: Excuse me, Commissioner. What it was, if they had not submitted the work plan by October of '97, we would delete Goal 2. COHMISSIONER CONSTANTINE: Right. MS. LAYNE: And they have done that. COHMISSIONER CONSTANTINE: I believe there was a secondary part of that where they had to have a particular time frame in it. MS. LAYNE: And that's why we have changed some of the dates in there. We changed the appraisal from October of '97 to December of '98 -- or '98 based on that work plan, and also with the leaving the 2000 in there which was included in there. COHMISSIONER CONSTANTINE: Right. And their comments about the year 2000 tell us that it doesn't establish a reasonable time frame for completion. What date do they think is reasonable? MS. LAYNE: Staff did not read that objection -- COHMISSIONER CONSTANTINE: I'm asking a very specific question. What date do they think is reasonable? MS. LAYNE: I don't think they have an objection to the date, Commissioner. I think what they have a problem with was us telling a regulatory authority what to do, not the problem -- COHMISSIONER CONSTANTINE: Let me read the agenda item one more time. In proposed Objective 2.3, which was directed to complete by December 31, 2000, did not establish a reasonable time frame for completion. That doesn't say anything about objecting. It's a different section that complains that we're directing the state agency. It very clearly says they don't think that establishes a reasonable time frame for completion. What, then, do they think is a reasonable time frame for completion? MS. LAYNE: Okay. I see where you're reading. That's from -- that's from DCA. Between the time that the work plan was adopted in Hay and we received it, it was crossing paths with that work plan coming in and the DCA comments review coming in. That plan does have the 2000 date in it. COHMISSIONER CONSTANTINE: As of December 31, 2000, they will complete it? MS. LAYNE: That's what the work plan says. But I think that was, like, a crossing-in-the-mail situation. COHMISSIONER CONSTANTINE: Are there any -- as part of that, are there any goals or hurdles or check marks as they go along so we know they have purchased halfway by June of '99 or '- MS. LAYNE: I don't think there's any specific amount of acreage that says they will purchase by any such date, not in the plan, no. COHMISSIONER BERRY: Isn't that amazing? Our Growth Management Plan, you have to have measurable objectives, but yet they don't have to be -- there's nothing there for us to know if they're on track. In other words, we can't measure what they're doing. CHAIRMAN HANCOCK: Apparently what's good for the goose doesn't apply in Tallahassee. COHMISSIONER BERRY: I guess not. COHMISSIONER CONSTANTINE: And if you want to move forward in that -- if you want to move forward with that direction, Commissioner Norris, I won't object to it, but it just seems to me -- COHMISSIONER NORRIS: No, I understand your point, and I understand your frustration, but they have submitted a plan, and we really in all good conscience need to give them an opportunity to fulfill their commitment. If they don't -- CHAIRMAN HANCOCK: If you and I had been sitting here for the last 15 years, and if you and I and this board 15 years ago asked for this and it didn't occur, I agree with you. But the citizens rightfully so drew this board into this and put us in a position we needed to be in to try and do what's right by them, and we've tried to do that. So I agree with Commissioner Norris that let's proceed with this as dates provided we've the language in there that says if you don't meet them, at the first available cycle, this board will remove Goal 2. And I know they'll come back and say you have to use word "will consider removing," but regardless it's the same impact. And I tell you this, by the year 2000, I have every intention of being here. And if I'm not, I'll be out there arguing with whoever is here does it. COHMISSIONER NORRIS: Was that some sort of an announcement? CHAIRMAN HANCOCK: That's coming next week. COHMISSIONER CONSTANTINE: Well, and I just want to be very, very clear because you asked the question two or three times, I think we've all said, I don't want to read "shall monitor." I don't want to monitor anything. I don't want to just check in. We expect them to meet those dates or it's coming back to the board to be '- MS. LAYNE: I can preface all of those but recognizing the time frames that they submitted in the work plan and put the language in of the 2.3.3 that we had before that we will recommend deletion during the next amendment cycle. COHMISSIONER CONSTANTINE: Just on that one item, will you do me a favor and forward the wording to me when you send it out to -- when you craft it, before you send it up? CHAIRMAN HANCOCK: Is the board comfortable at this point that enough direction has been given that the wording can be accomplished? COHMISSIONER CONSTANTINE: Yes. CHAIRMAN HANCOCK: Okay. Let's go to -- are there any further questions of staff? And that being the case, do we have members of the public that wish to speak on '- MS. LAYNE: I have other parts but that was the big one. We got that one out of the way. CHAIRMAN HANCOCK: Okay. Let's go ahead and -- let's go ahead and go through the whole thing. I guess that -- that makes the most sense since we're -- MS. LAYNE: Okay. During the Planning Commission public hearing, we had two members of the public speak on the neighborhood center at White and Pine Ridge and 951. COHMISSIONER NORRIS: This is the one that's been requested to be withdrawn as a request, though? MS. LAYNE: Part of it. COHMISSIONER NORRIS: Part of it, okay. MS. LAYNE: Part of transmittal -- if you remember we had recommended that the tracts -- that there will be 10 acres on the northwest corner of 951 and Pine Ridge and 10 acres on the southwest corner. During the Planning Commission hearing, the property owners on this side (indicating) which included some of the tracts that we had recommended as a -- for an additional 5-acre tract on the south side and plus 2 1/2 acres on this side, and then property owners on the east side of 951 and White Boulevard, 5 acres on the north and 5 acres on the south. Since that meeting, we have had a letter from the property owners on the northeast and southeast recommending that their parcels be withdrawn and they will submit it as an amendment in another cycle of the plan. Staff has no objection to that. We had recommended that that not be approved at this point anyway. COHMISSIONER CONSTANTINE: So those items that are east of County Road 951 are no longer under consideration for '- MS. LAYNE: Correct. And then the parcels on the southwest corner -- staff had agreed to a portion of them. And I think the property owner has their map over on the wall to your right. What staff had agreed to -- CHAIRMAN HANCOCK: You'll get your exercise here, Hiss Layne. MS. LAYNE: The original area that was transmitted back in April was all of this area and this area to this point (indicating). The property owners requested that this five-acre parcel with the two and a half acres -- southern half of that be for a buffer and this approximate two and a half acres be a buffer area. Staff still recommends that it go to this point as well as all of these parcels. CHAIRMAN HANCOCK: Hiss Layne, what is the distance, linear feet, of the property -- property line abutting Pine Ridge Road there? MS. LAYNE: This way? CHAIRMAN HANCOCK: Yes, ma'am. Do you know offhand? MS. LAYNE: I would say that's approximately -- most of your Golden Gate tracts are approximately 660, so you're looking at 660 and probably 185 so -- CHAIRMAN HANCOCK: Therein lies -- now, there's a lot of philosophical, you know, disagreement over whether there should be commercial zoning at major intersections in the Estates, and I happen to find that without -- with that lacking, you're just forcing trips into the urban area on those roadways that otherwise may not have to occur. That's a personal feeling. That aside, if you look at the mistakes we've made at activity centers, it's been because we have not required an internal circulation plan in the activity centers to avoid simply congesting an existing intersection. My concern about this as well as many of the other smaller pieces is that the small parcels, with the lack of single ownership in many cases, makes it is all but impossible to put in the proper transportation network to alleviate the congestion concerns at the intersections. It has less to do with it being appropriate or inappropriate mistakes, and that's a whole 'nother argument. My problem is, what we're going to do here is create little pockets of commercial zoning that only cause that intersection to work in a less efficient manner. COHMISSIONER CONSTANTINE: What limitations are there for ingress and egress right now, because it should address -- even though those are divvied up, I'm under the impression that there are some limitations as to how you can get in and out of those properties. If I'm mistaken, then I need to know that now. As far as the Estates, I don't think the objection for the west side is nearly as strong. I think when the issue, that has now been abandoned, for the other side of the canal and into the actual, where the residential estates is was more of a concern. This being on the 951 corridor, I don't think was as strong of an objection. But I think you're right. If we're causing problems here, and we need to correct that. COHMISSIONER BERRY: It still goes back to the traffic problem. I mean, you still have two parcels of land on the same side of the roadway, and who knows what will happen in the future. But unless you can deal with that traffic, as Commissioner Hancock has spoken, you're going to end up with a problem. They have to dump out onto 951 or -- if that's the direction they dump, you still have that problem. CHAIRMAN HANCOCK: It sounds odd, but I'm more supportive of a larger area -- COHMISSIONER BERRY: I am too. CHAIRMAN HANCOCK: -- that allows for a master planning of the transportation requirements than I am a smaller pocket area with 660 feet barely meeting a modified median opening in our access management guidelines. You can't have a full median opening until you're 1,320 feet from the intersection. So here we have commercial zoning that the only way to get back westbound on Pine Ridge Road is to get out on 951 northbound. But guess what? That takes a full median opening or at least a directional median that precludes some other turning movements. until you stretch these boundaries to meet the access management guidelines for transportation, we're really sticking -- sticking our foot in it here. Because what we're going to have there is not going to work transportation-wise, and that's been the single biggest issue at our activity centers. The aesthetics we can handle. The problem is the transportation and the way they move among each other. So, you know, I'm not by any means berating anyone. This was brought forward as a request. I completely understand that. But I don't think it goes nearly far enough to answer the concerns of activity centers in the current proposal and I, in fact, think if we're going to do, let's do it right. Let's expand it out to the proper size. MS. LAYNE: Well, I think in this point -- not to correct -- well, yes, to correct you. These are not activity centers as to what we have in the urban -- COMHISSIONER MAC'KIE: But -- MS. LAYNE: These are neighborhood centers which are supposed to be low intensity, 10-to-20-acre development parcels. So just to correct that they're not an activity center. CHAIRMAN HANCOCK: Understood. But 10 acres, you know, could equate to a hundred thousand square feet. MS. LAYNE: Correct. CHAIRMAN HANCOCK: So, you know, 20 acres is 200,000 square feet, and we're talking 20 acres now. You could have a full shopping center on 20 acres, because you got -- 200,000 square feet gives you enough for an anchor retailer and some others. So you're going to create traffic that there you need to have the ability to handle, and the geographic size of these parcels to me doesn't do that well enough. So I understand and appreciate the distinction, Miss Layne; you're absolutely correct. But unless the transportation issue can be resolved, you know, 200,000 square feet of retail space, that needs more than 660 feet of distance to provide us transportation-wise, in my opinion, unless our engineering staff can show me otherwise. MS. LAYNE: Right. The only thing that -- I think it was Commissioner Constantine that asked about the access. The only thing that is in the existing plan and which we are recommending to transmit is access is limited to one per 180 feet commencing from the right-of-way. COMHISSIONER MAC'KIE: I just want us to go in strong support of what Commissioner Hancock is saying. And it sort of follows on that concern I had in Immokalee that we don't let the Comprehensive Plan for the county be driven by individual property requests. As important as those are, we count on you guys to give us, you know, a big, broad picture, and this one worries me for that -- for all of the reasons that Commissioner Hancock already expressed. MS. LAYNE: Well, we're recommending against this. CHAIRMAN HANCOCK: Right. But the reasons are what I'm getting to. The reasons why I'm don't support it is not because I had a problem with commercial activity at that intersection. COMMISSIONER MAC'KIE: I think that's a great idea myself, because of the same reason you said, less traffic into the urban ar -- you know, into the coastline. There's more opportunities for people to buy a loaf of bread near their house instead of having to come all the way to 41 to do that. CHAIRMAN HANCOCK: So what I'm trying to do is offer an option to you outside of what's being proposed here, and that is to not just propose -- not just -- and I'll say proposed on your part, but not just to show the board a zoning scenario, but a transportation scenario, because if the two are not linked together -- I mean, they really aren't independent decisions; so we have to see -- I have to see both of them in order to feel comfortable with it. And I'm certainly not comfortable with the configuration alone that that can occur. And it almost, in my opinion, needs to be mandated to occur in new activity centers to a greater degree than it is -- and I know theywre neighborhood centers, but to a greater degree than it is in existing activity centers. COMMISSIONER MACwKIE: Because wewve seen how those have failed. CHAIRMAN HANCOCK: Exactly. So it needs a broader, more comprehensive look for me to support it. COMMISSIONER MACIKIE: Me, too. CHAIRMAN HANCOCK: Letls go to the next item. MS. LAYNE: I think thatls all staff has at this point. believe, Commissioner Constantine, you had -- COMMISSIONER CONSTANTINE: Yeah, there is one other item. I donlt know if it even appears in our book. I canlt find it anyway in the pages, but itls in the section having to do with the Golden Gate Parkway professional office commercial district. MS. LAYNE: Itls on page 22, and I have a handout that I gave each of you this morning. CHAIRNLAN HANCOCK: Oh, the handout. COMMISSIONER CONSTANTINE: And it defines the -- that -- itls intent is to provide Golden Gate City with a viable professional office commercial district, and it really has two purposes. One is to serve as a bona fide entryway into Golden Gate City. You may recall a couple of years back we changed the zoning on the parkway from multifamily to professional uses, so that -- for the very reason that we wouldnlt want -- thank you -- welcome to our community and having multifamily directly on the main thoroughfare; and also to provide a community focal point and sense of place. It talks about the uses permitted within this district, and Iim just suggesting -- and if therels more than one of these printed -- but I wanted to add the words and institutional type uses such as churches. It talks about uses permitted within this district are generally low intensity office development and institutional type uses such as churches, which will minimize vehicular traffic, provide suitable landscaping for ingress and egress, and insure compatibility. I know therels a specific church in the community that wants to build -- itls actually -- and if you can picture driving into Golden Gate, the parkway curves just a little bit and you will go over a bridge, and therels some vacant property on either side, and then therels Barnett Bank and some others. They would like to build right as you come across that bridge, so visually what you would see as you come around that curve and as you drive, yould see a big, beautiful ornate structure, and I think thatls -- COMMISSIONER MACIKIE: Thatls wonderful. COMMISSIONER CONSTANTINE: -- thatls much better, and it meets the exact intent of what welre trying to do is to serve as a bona fide entryway into the community. COMMISSIONER MACIKIE: Wonderful addition. Absolutely. CHAIRMAN HANCOCK: Any comments or questions? COMMISSIONER NORRIS: Would they be competing with Father Spanelli? COMMISSIONER CONSTANTINE: That would be Father Spanelli. MS. LAYNE: Commissioners, I just need to get one clarification on the neighborhood center. Are you saying not to go with what the Planning Commission has recommended and just have what we had transmitted back in April, which are the existing 10 acres north and 10 acres south? COMMISSIONER MACIKIE: Oh, youlre back to this issue? MS. LAYNE: Yes. You said you could not support this. The proposal different -- COHMISSIONER NORRIS: I don't think we polled the board. I don't think we polled the board. We had two people speak, and we didn't hear from three or the public. CHAIRMAN HANCOCK: What I'd like to do is -- and that was for purpose of discussion -- what I'd like to do is hear from the public and then let the board make its direction from there. Any further questions for Hiss Layne? A nice, easy issue there, Lee. Let's go ahead. I assume there are -- are there members of the public that wish to speak on this element? Please raise your hand. Okay. If you would just kindly step forward one at a time and kind of line up along this wall, we'll take each of you in turn. And, again, if you have not filled out a speaker slip, please do so for the purposes of the public record. MR. SPAGNA: Good afternoon, ladies and gentlemen. My name's Neno Spagna, and I'm here on behalf of the Brooks family who are the property owners of the subject property under discussion. And I think you-all are very familiar with this property, because it's been before you many times before. Also, Hiss Layne has done a very good job in explaining what the situation is. So what I would like to do is set forth the proposal which we have made and which we are requesting, because we feel that it's an excellent opportunity at this time to be able to go into this property and place the conditions and requirements on there that will eliminate many of the problems that I've heard you speak about this afternoon and also make it a better development for the future use and the benefit of the community. As you recall, not too long ago there was -- the north property was rezoned to, I believe, C-3, if I remember correctly, on the northwest corner. The Brooks owned the property in between the VFW and the corner, which was rezoned to C-3. And we are asking that that property be designated on the Comprehensive Plan for commercial use, because we don't feel being sandwiched in between the VFW and the commercial property south of it makes it conducive to residential use. Also on the southwest corner -- I would like to go to that momentarily -- we feel that there is a tremendous amount of advantage to having this developed as one unified shopping area over having it developed in bits and pieces. And I think some of them have already been mentioned. By having it all developed as one parcel of land, we are better able to control the architectural and visual sight of the subject property. We're better able to control the ingress and egress, the pedestrian traffic that will take place on the property, and we are also better able to utilize the land for landscaping, buffering, et cetera, for the surrounding properties. Also, we feel that by providing buffers that this will discourage any furtherance of the extension of the commercial property along these streets in a strip zoning manner which has been -- which has been avoided or tried to be avoided in the past in rezoning land in Collier County. Also, this buffer area will protect the surrounding neighborhood from the uses that would take place on this commercial property. The owners of this property want this to be a first-class development that the people of Golden Gate Estates can be proud of. We feel the best way to do that is in partnership with the county so that you-all will have a say in how this can be developed and where the access is, landscaping, et cetera. The best way to do that in our estimation is to show this as a PUD on the future land use plan so that we do have to come back here, work with the staff and the county in ironing out all of these problems that may surface at the time of the development. The -- I think our request at this time is to -- is to amend the future land use plan to show this type of development. And I have spoken with the Brooks family. If the board feels that this can better be done by designating this as a PUD with the requirement that we come back in at the time of the development, that's acceptable to them. So there are two possible alternatives. Number one, we would like to have it -- the future land use plan amended as we have requested because we feel that's in the best interests of everyone concerned. Number two, if the board feels that they would like to designate this as a PUD, that would be fine with us, also. And I would like to say in closing that there's been some confusion about mixing our request with that on the east side of 951. It never was intended to be that way. We've had no communication or part or any -- any contact with the people on the east side. That's their problem. As I had mentioned to the Golden Gate Estates Civic Association, it's up to them to come before them and you or anyone else and justify their reasoning for it. I'm happy that that has been eliminated now and we're back to just the property on the west side of the street, and we would request that the land -- future land use plan be amended to show this type of development, either by designating it for future commercial or buffer and landscape area, or if you wish, as a future PUD. And I thank you for your time. CHAIRMAN HANCOCK: Thank you, Mr. Spagna. Mr. Spagna, the piece to the southeast there, that's all unified ownership; is that correct? MR. SPAGNA: Yes, it is. CHAIRMAN HANCOCK: Southwest, excuse me. MR. SPAGNA: Everything you see there is owned by the Brooks family. CHAIRMAN HANCOCK: Okay. You had an opportunity to hear my concerns individually about internal circulation and trip generation and so forth. One of the things that has become very beneficial, whether it be neighborhood centers or shopping centers, is an internal circulation route so that people traveling, let's say, east on Pine Ridge Road could go into the development, do their shopping, and then go south on 951 without ever hitting the intersection. Can you accomplish that under current access management guidelines on that southeast corner? MR. SPAGNA: Yes, I believe we could, allowing for the distance separation of the curb cuts. It would be a matter of how are you going to route your traffic through there, and I can't do that right now but -- because we don't have any definite plans for it, but I would say, yes, it can be done. CHAIRMAN HANCOCK: On the northwest side, where you do not have control over the parcel that is immediately on the corner of Pine Ridge and 951, is there any way that you could accomplish a similar transportation scenario in that quadrant? MR. SPAGNA: There is if we can get together with the property owners to the south of us. CHAIRMAN HANCOCK: Okay. But you don't have control of that and you have not broached that with them to date? MR. SPAGNA: We've discussed it, but there is nothing definite at this time. There are proposals on the table for that. CHAIRMAN HANCOCK: Without requirements of internal circulation that access or that conform to our access management guidelines -- just so you understand, that's one reason why I didn't -- unless those are in place, I simply can't support it, because that's one of the failures of the smaller and medium size activity centers we've had in the past. So, you know, your comments, I appreciate it and that will help me a little bit, but those have got to be included as performance standards for my support. MR. SPAGNA: I cannot make that commitment at this time. CHAIRMAN HANCOCK: Okay. Thank you. Any further questions for Mr. Spagna? Thank you, Dr. Spagna. DR. SPAGNA: Thank you. MR. HOOVER: For the record, Bill Hoover of Hoover Planning. I'm just representing myself. One of the things I wanted to bring forth to the board was the professional office district. I think there's four or five PUDs been rezoned there, four or five, and except for Avatar, the properties are typically 125 feet wide and 125 to 135 feet deep. So you get a third-of-an-acre parcel. And when you read through the development criteria in the Golden Gate Area Master Plan, it's very stringent and what they were trying to do was to lead to high quality development that would be environmentally very strong, create pedestrian-type activities or promote pedestrians, minimize traffic impacts, things like this. I think what may have happened, now looking in hindsight, is that no one -- there's a lot of properties for sale along there. There's virtually nothing been developed. Now, if this church comes in, that would be the -- I think the first one. And the problem that the other people are really facing there is if the county owned the utilities, there'd probably be three or four buildings up already, but since Florida Cities owns it, they have no money, and if you do -- if you do own a parcel, unless you just happen to be one of the luck ones where the sewer line is up front, the cost of -- what we have is a lot of the people have to extend the sewer line underneath Golden Gate Parkway, which would be a jack and bore on your four-lane road, which is a serious number; a waterline extension, which would probably include a fire hydrant; a turn lane unit's required as well as a shared driveway. So you -- from what I understand these properties are up for sale for anywhere from -- I heard as low as 60,000 up to $125,000. With the cost on infrastructure, before you even start on their own blacktop or landscaping, is typically priced seventy-five to a hundred thousand dollars. And so because you got fragmented ownership, it's very, very difficult for them to come together because the -- no one wants to build two at the same time. So I think if the staff could relook at some of those development criteria and maybe there's some of those that can be loosened up. Now, I think aesthetically that was maybe the first one that came in where we had aesthetic and architectural-type guidelines as well as very strong landscaping standards, so I'm not stating to remove that, but I think maybe one of those maybe to even consider is to use septic tanks on an interim basis. CHAIRMAN HANCOCK: As you can tell from our earlier discussion, we're not septic tank fans. MR. HOOVER: Well, I was -- that might not be the best one. But if there's a way to maybe even do an HSTU with the -- maybe if the county could help sponsor that along there where it could be a tax to the people or something like that. CHAIRMAN HANCOCK: Mr. Hoover, you're aware of that process. All we need IS the property owners to come forward with 51 percent to ask for the MSTU, and we will consider it. MR. HOOVER: Okay. CHAIRMAN HANCOCK: So, you know, what you're talking about are financial hardships that, you know -- and Commissioner Constantine here is as familiar with those as anyone on the requirements out there. If we need to relook at it, we could do that, but that's -- we certainly can't do that today. MR. HOOVER: No. And I think one of the other things that -- there's probably some more land uses that could be appropriate along there. I think staff's -- initially when that came through, it was -- looking back, I think it's too stringent, and if they could just look through all those -- just like sharing driveways, rather than having a driveway, I think it's every 450 feet; maybe something like one for every 300 feet, and maybe turn lanes are not even appropriate in all of those cases. COMMISSIONER CONSTANTINE: I tell you what, I don't really have any interest in loosening up the criteria. They were put in place through a community effort and have been reviewed a number of times since they first were put in place and they were put there for a very specific reason. And they will encourage a certain level of development, and I would rather have that happen slower, but end up with that quality than have it happen sooner and have a lower quality development there forever. And, I mean, I was in Tampa recently and I was in Orlando recently, both of which certain areas grew so quickly they had no opportunity to plan, and they have curb cuts with some regularity. And it's just impossible to travel on -- conveniently on those areas or to get in and out of those shopping or office areas because there are so many cuts. You're stopping and starting every 200 feet. This is a great opportunity for us to plan that area very carefully, and I think that's exactly what we've done. By making it more difficult, we've raised the level of what will go there. And the suggestion to have more driveways and more places for traffic to come and go on a four-lane major thoroughfare, the primary carrier of traffic -- I don't know what the counts are every day, but it's pretty darn high. MR. HOOVER: Probably low twenties, twenty-two, twenty-three thousand, I would estimate. COMMISSIONER CONSTANTINE: Maybe even higher than that -- I don't think more curb cuts and more driveways is the answer there. It may create development quicker, but it's going to encourage -- MR. HOOVER: Maybe the answer is the next time the county has the opportunity to take over a utility district, that may solve a lot of problems there and get rid of -- CHAIRMAN HANCOCK: We're certainly not going to get anywhere near that today, Mr. Hoover. I appreciate you bringing the matter up, but probably the most effective way to address this is to get, you know, the property owners together with the civic association that goes out there to help form those standards and try and arrive at a consensus among that group, and then bring that to our staff and the board so that we can consider it, rather than sitting here with a shotgun method pointing out all the things that are wrong without really having any solutions at hand. COMHISSIONER CONSTANTINE: And just to address the one other issue that -- Mr. Grant is behind you as the next speaker. You said perhaps there should be more available uses of that property. And Mr. Grant came back with his PUD and asked for some specific uses over and above what had originally been approved. Some of those were approved by the board and some weren't, but the board is always open to look at those if an individual PUD owner or the group of PUD owners wants to come back and has some specific suggestions, we're open to hear that. That doesn't mean it's going to get approved. MR. HOOVER: Well, this is very -- it's very unusual that in professional office district, there's about 10 or 12 uses that list those, so it's -- the PUDs came in basically under those guidelines, so it really would need to be reviewed. You would need to modify the Comprehensive Plan first before you could really change the PUDs. CHAIRMAN HANCOCK: Again, we don't have that in front of us today. I appreciate you bringing it up as an issue, but we probably spent too much time on it already since we can't really take action today on it. COMHISSIONER CONSTANTINE: And, frankly, the bottom line for me is I would rather have the development happen slowly and happen to the level that we've set the bar at instead of lowering the quality of what's going to be there. MR. GRANT: Good afternoon. For the record, my name is Tom Grant. I am one of you people that have been here 15 years. You've argued with the state, and I've argued with the county and the staff and everybody. But everything is in place, and I think it goes back -- just to refresh everybody. The whole intent of this was to control the access points, keep an overall theme coming into Golden Gate. The one problem that we have is the marketability of the property at the present time. Things have changed over 15 years. They've changed over the last five years. And I've talked with staff, and I've talked with a lot of your staff people and asked them for their help, and they're very cordial, and they give me recommendations. But, again, they can't change things. They have to get the direction from you-all to relook at it, which I've talked to Barbara. Barbara says that she in a sense understands where we're coming from, because we've already been in place five years with commercial zoning out there, and you have not seen one thing happen out there, and that's not going to happen, because by the time that a situation that has arised to there -- it's not going to happen, because I've been trying to do everything. I've got a sign up there. We've done everything. I'm not trying to rehash this. All I'm trying to ask you-all is what the original intent was the community wanted commercial in there because that's their commercial street. I've asked staff and staff has been real nice and cordial about it saying that if I can convince you-all to ask them to take a look at it, it's something that can be looked at within inside of this window or whatever. I mean, I understand now I can do something else with the utilities. I'll try that next, but I'm kind of at the end, because after 15 years, I mean, I don't know what we got to do to try to get something developed there. I only own one piece of property. I want to build one small building with a very nice building that I would be glad to put my business in or anybody's business. The criteria's there. We've said it. We've hashed this over for 15 years, but all I'm saying is by you-all putting that, whatever district it is, for us, it's just too restrictive. If it wasn't, there would already be something developed. I've seen two major shopping centers come in to Golden Gate. I'm going to see a church now come into Golden Gate, and I'm still standing here asking the same stupid question, why can't I build? Because I'm sitting in the middle. I'm not trying to disagree or agree. I'm just asking you for the help -- help me with a solution and the community, because the community wants it there. They don't want it shotgunned out there. They said this is where they want it, and why this is such a problem is so far beyond me. I mean, literally I'm giving up. This is the last time I'm coming in, because I'm just tired up here talking. I just keep talking over 15 years. I mean, you know, what do you -- what does the community have to do? And it keeps changing and changing and changing. And if this commission changes again, I am going to through a whole 'nother. None of you were here when this started. Not anybody was on the board. Tim just was basically here -- I met him as a young guy. He's getting older like me. CHAIRMAN HANCOCK: He no longer young; just point that out. COHMISSIONER CONSTANTINE: Tom, when was your PUD last before us? MR. GRANT: I'm sorry? COHMISSIONER CONSTANTINE: When was your PUD last before this board? MR. GRANT: I came -- the last time I came in was just probably six months ago, because I was talking with a Christian television station of trying to get them to come down here. Because it wasn't set into the criteria, I had to go through a big whole process whoop-de-do, you know, to get a Christian television broadcasting studio or just a facility for them to put their offices in. I mean, that's not in the criteria. COHMISSIONER CONSTANTINE: If memory serves me correctly, though, we did allow -- we don't allow an antenna-type facility, but we did go ahead and make some changes to allow some extra uses that hadn't previously been in. So I understand your frustration over 15 years, and you and I know each other and have been through this in some detail. But while the district has been in place for five years, most of those PUDs or all of them have only been in place for two years or less. I think one of them has been a little bit longer than that. A couple of them are not even a year yet that they've been in place, so it's been -- you may have had your property for 15 years, but the PUDs and the actual criteria by which they must build in some cases has only been in place for a few months, for eight or nine months. MR. GRANT: But, again, I understand that. And I'm not disagreeing on that point. The point is we were the test case. We were the ones that went through the 15 years of talking to the community and all the business association originally, the Chamber of Commerce, and as it went on. And the thing was the only main concern about the community was is -- granted the access points and they did not want 40th Terrace solid wall type buildings. And we all agreed to that, because we want aesthetically pleasing buildings. We want to have a walkway for people to walk or a sidewalk. We wanted those things, and those things were fine. But, again, it's like myself. I was stuck with five other property owners, and I was forced to do that. I had no choice. But we did it. We got it done. We have met all of the criteria. The only thing I'm asking is, again, talking with your staff is, they aren't even disagreeing with me. They are saying that they understand the situation. The point is the PUD is basically been in place and I've been trying to get people in there for over five years, and it can't be done. They won't, because by the -- because of the, quote, the way that it's written or whatever. I mean, if it was -- the whole intent was not to have gas stations in there, 7-Elevens in there, that type of thing. We're not talking -- I can't even put a beauty shop in there. Can you explain to me why a beauty shop can't be placed? They're allowed across the street. That's -- that's what I'm trying to say, and I mean, again, I know you're all busy, but -- CHAIRMAN HANCOCK: It has nothing to do with being busy, Tom. We can't -- we don't have something before us to even effect the changes you're talking about. Believe me, I heard your frustrations the last time when we talked about the uses that could -- were not permitted, those that seemed reasonable but weren't allowed. And I felt like we had opened the door a little more to try and help you do what you're trying to do there. So I feel like we've done more than just, you know, cause you to come back and talk to us. I think we're listening, and I think we're trying to act in your behalf. But, again, at today's meeting, there's nothing we can do to alleviate the concerns you're representing. So I'm just trying to put them in the context that we can do something about them. MR. GRANT: Exactly. The only thing -- then I'm under the misconception is that I thought by coming because of the changes that are going to be made, if staff is already looking at and going to be changing, is it not feasible for them to look at just kind of look at the overview because the market changes -- is really changed. And that's what I -- I'm sorry, but, again, that's what I assumed I might be able to convince you to ask staff to look at what I'm saying is that -- and, again, I mean, I apologize because, you know, I'm the buffoon then. CHAIRMAN HANCOCK: It would have been more appropriate before we transmitted it to the state the first time. We're responding to something we already transmitted. So what I encourage you to do is, in conjunction with Commissioner Constantine, have this discussion with our staff before the next cycle so we have an opportunity to look at if there should be changes to the master plan or not that this would entail. MS. LAYNE: Mr. Chairman, I think that's what he's asking. He's asking you to direct staff -- for us to look the office professional district and look and see if what he is requesting could be possible. I think he's asking you to direct us. COMMISSIONER CONSTANTINE: And I'm not prepared to do that at this point and for the reasons I stated. I understand the frustration you've had, but I don't think we've kept changing the rules. I think there was some architectural requirements put in and now the PUDs have passed. The only changes that have happened in your particular PUD are the ones you came and requested. We opened the door wider. So the rules haven't been continually changing and -- I just -- I'm not ready to lower the level of uses that can be there. I understand your frustration, but there are a number of businesses that are allowed in there. And I know you've talked to some of our existing businesses at other plazas and want to get them down. I think it would be a great gateway to our community if we could do that, but -- MR. GRANT: Yeah, but, again, I'm saying how long can I wait for that type of vision. My vision is I started 15 years ago. They all envisioned the same thing down here buying this property 15 years ago, the state did. And if somebody -- if it doesn't come to a head, all I'm saying is for you to direct staff to do it. I don't think it's a request that is out of order because, again, after five years of having it as a PUD, I would presume that it would make logical and prudent sense to go ahead and try to put something in there so it does become a gateway, rather than just a bunch of empty lots and a bunch of empty duplexes. COHMISSIONER CONSTANTINE: And I guess I'd be to happy -- again, you and I get together every now and again anyway, and we can talk about that in some more detail, but I'm not prepared to give staff that direction now, not having heard that from -- there was a huge group of people in the community that put together this plan in 1991. And I'm not hearing from any of those folks in your community, activists or leaders, that it's not appropriate. I'm hearing from you, a landowner there, but I need to hear from more than that to say, okay, we need to make it more -- you know, lower the bar. MR. GRANT: Well, I understand. Okay. And I appreciate your time. But, again, see that's something that has to be brought up. So, again, it sits there. So you have to become an activist, and I've got to go get -- rally the troops for something they presume that was already done. That's my point. I don't see why I have to keep fighting for something that I thought was already there. And I just presumed that staff would be able to or you could direct them. CHAIRMAN HANCOCK: Without having more particulars, Tom, I also am not comfortable giving staff directions. I'm not really sure what I'm directing at this point. So I would prefer that you and the other property owners work with either Commissioner Constantine or our staff to identify specifically something and let us take a look at it, because right now it's just -- it's just all over the place. It's all over the board. MR. GRANT: That's what I'm saying. You know, that's what I was asking -- CHAIRMAN HANCOCK: But they work for the people -- the taxpayers of this community. I mean, you know, to pick up a phone and talk to Hiss Layne or talk to one of our planners doesn't require board direction. You know, you can talk to our planning staff about -- they have opinions, you know, and what they think may or may not occur. And if they think it's valid, they have come to this board in the past and asked us to consider things. So I'm not putting it solely in their court, but it needs to be more specific than go look at this. MS. LAYNE: Or the option is that he can apply for an amendment and go through the process himself. CHAIRMAN HANCOCK: Well, that, too. COHMISSIONER HAC'KIE: Let me ask a dumb -- dumb question. Isn't this the process in which we look at this district and decide whether or not those uses remain appropriate? So it seems like we have -- that staff has just done exactly what we've asked them to do. MR. GRANT: That's the reason I talked with them, and that's what they advised me is to bring it up so that possibly they will look at it in part of your sequence or in your window at the present time. I'm not asking you to get specific. I'm just asking for them to look at it through the process that they're doing. COHMISSIONER HAC'KIE: My question for staff is, having just looked at it, do you have recommendations that there are changes that need to be made? For market reasons or for any other reasons, are there changes that you would recommend at this point? I assume it's no. MS. CACCHIONE: For the record my name is Barbara Cacchione. This district was -- you all know the history -- was developed some time ago before we had design guidelines. I think there may be some opportunity for other types of uses other than just office and church, but we haven't looked at what those uses are or could be, and we did not look at them through the EAR process. We have amended that whole district by taking out the list of specific uses and moving that to our Land Development Code, so it does allow the board the flexibility that they used the last time to add uses into the Land Development Code. But we have not taken that look again at all the uses and the design guidelines and how it all works together. COHMISSIONER CONSTANTINE: My point is this. There are five PUDs there. At least three of those have happened in the last eighteen months. It seems to me if I had a piece of property and I was coming in to request a PUD and I wasn't happy with the existing allowances there, that would be the time that I could ask. And none of them have asked. And so I think what Tom is perceiving a problem, I'm not sure that every other owner up and down that strip is perceiving that problem. COMMISSIONER MAC'KIE: I guess '- COMMISSIONER NORRIS: May I say something, please? COMMISSIONER MAC'KIE: Sure. COMMISSIONER NORRIS: We've spent about a half an hour on this one unfortunate gentleman's specific problem. There's three people up here I know of that are not willing to give staff direction to continue. I think it's time to bring this to closure. COMMISSIONER MAC'KIE: Well, I just wanted to understand if there was a staff recommendation, because sometimes people don't apply for a zoning change when the comp plan would have to be amended to facilitate it, because it's such an overwhelming burden. And I don't think that's necessarily an indicator that there's no other people in the community who would join you in that concern. CHAIRMAN HANCOCK: I just heard Miss Cacchione say that we did move the uses into the Land Development Code which is amended twice a year. So if the uses are the issue, there's a process by which a Land Development Code amendment can be initiated, and I would refer you, Tom, to that process. And I'm going to tell you, Commissioner Norris, I agree with you. We're done with this item. Thank you. Any other items within the Golden Gate master plan? Oh, we have another speaker. I'm sorry. MS. BAUM: Good afternoon, Commissioners. My name is Linda Baum. I'm the other cofounder of ECHO, the Estates Coalition of Homeowners. I'm also a member of the Golden Gate Estates Civic Association. And even though I know you're not today at this point considering the northeast and southeast corners for commercial development, I did feel the necessity to come before you and let you know that the citizens out in the Estates from both groups have had meetings within the past 10 days regarding this issue. And I would hope that when and if the owners of those two properties come to you in the future, that you will keep in mind that the residents do not want to see commercial development east of 951. It has been misrepresented that it's 951 and White, while it is actually 39th Street and White. There's a canal there and a large buffer zone along 951, so we would hope that you would keep that in mind. On the other hand, the two groups do not oppose the commercial development of the northwest and southwest corners of Pine Ridge and 951. And I would hope that Neno and the Brooks family would be able to come in on a PUD, solve the traffic flow problems, and get some commercial development. Small neighborhood centers there would be fine, but we're asking you to limit it to the west side of 951. Thank you. CHAIRMAN HANCOCK: Thank you. MR. DELLECAVE: Good afternoon, gentlemen and ladies. My name is Frank Dellecave. I live in Golden Gate. In fact, I've lived there for 28 years working for the developer, three developers, and I'm still there. That's very unusual in a big company. I'm here for both St. Elizabeth Seton and Avatar. I'm a project manager in Golden Gate. And to get them -- to get you people to allow the church to be built. I had to twist some arms and executives to get a good price for the church. I'm a member, and there are quite a few people here that are members of the church. And, you know, we're -- I'm tired of standing up. I got bad knees. And I feel -- in fact, it was my idea -- I don't want to keep going on , it's getting late. It was my idea to change the zoning. I had the president who would listen to me. Not too many over in the Coral Gables office listen to me. But I said the -- the people, the residents of Golden Gate are sick and tired of duplexes on the main highway. And I said I think we can get the commissioners at that time and the residents to go ahead and get a zoning change, which we did. It's my idea. I got a medal for it; no money. COMMISSIONER CONSTANTINE: But a great deal of pride. MR. DELLECAVE: And I feel -- in fact, it was my doing to get the original land for Elizabeth Seton church. And I helped -- I'm a member -- and I helped build it. And I hope I go to heaven. But you feel even though office commercial -- CHAIRMAN HANCOCK: You understand we have no control over that? MR. DELLECAVE: Okay. It's all to be one parcel. I don't know if they submitted plans to you, but it would be suitable and favorable to have the church, and they're all anxious to get going on it through the procedures. And that's about all I can -- oh, one -- in conclusion, if you believe in Christ, and you're going to meet your maker, I wouldn't want to say I denied you a church. COMMISSIONER MAC'KIE: I haven't voted against one yet. Now you know why. CHAIRMAN HANCOCK: In that case, I'm dammed. COMMISSIONER MAC'KIE: I'm scared to vote against a church. MR. WARD: My name is R. J. Ward, and I'm here on behalf of St. Elizabeth Seton Church just to urge you to adopt the wording that would allow institutional uses and community facilities in the office district. COMMISSIONER CONSTANTINE: Mr. Ward, in the interest of time, would anybody object to the wording I suggested? COMMISSIONER MAC'KIE: Love the idea. CHAIRMAN HANCOCK: Do you want to talk us out of it? COMMISSIONER MAC'KIE: We're there. CHAIRMAN HANCOCK: Excellent presentation. You get bonus points for that one. Any other speakers on the Golden Gate master plan? Then I'll close the public hearing. Miss Layne, we have several elements of varying levels of discussion, and I think we may want to move through them, but Commissioner Constantine -- COMMISSIONER CONSTANTINE: Yeah, Mr. Chairman let me try to -- COMMISSIONER NORRIS: I can put them in a motion. I've got the minutes. COMMISSIONER CONSTANTINE: Okay. I was going to do the same thing. I do want to mention one thing, and that is just we have a number of letters here that -- on 951 and Pine Ridge corner. We'll enter those into the record and -- with the exception of the property owners -- and I realize the ones on the east side are moot at this point, but with the exception of the property owners, no correspondence was in favor of it on the east side. CHAIRMAN HANCOCK: Commissioner Norris. COMHISSIONER NORRIS: I would like to make -- would like to make a motion that we adopt most of staff's recommendations, but that we revise Goal 2 as we discussed in the original part of our discussion. COMMISSIONER CONSTANTINE: Using the hard wording? COMMISSIONER NORRIS: The harder wording. Number two, that we go with staff's recommendation specifically on Pine Ridge and 951. MS. LAYNE: Which is our original transmittal? COMMISSIONER NORRIS: That's right. And number three, that we add language to the Golden Gate professional and office commercial subdistrict allowing institutional uses as well. COMMISSIONER MAC'KIE: I have two questions. I don't understand what the Pine Ridge and 951 original -- can you just sort of describe that for me, Lee? MS. LAYNE: Yes, ma'am. The original that -- and basically what exists now -- just to explain a little bit, the existing plan has that little half-moon which is kind of difficult to tell where that goes, so in order to clarify that, it would include those three parcels on the north side, that pink, the orange, and the white. On the south side would be that little half-acre parcel -- COMMISSIONER CONSTANTINE: Can you go over and point? COMHISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: You may want to place an X in each parcel since that will be entered into the record. COMMISSIONER MAC'KIE: If you can reach it. MS. LAYNE: It will be this parcel, this parcel, this parcel (indicating). It would not include this one, this one, or this one. COMHISSIONER MAC'KIE: Thank you. I understand. MS. LAYNE: And then we would have to change -- go back and change the acreage language for how much could be developed based on that deletion. COMMISSIONER CONSTANTINE: But what's the downside to including the two side acres if they are to be used solely for buffer? MS. LAYNE: Well, this almost three acres would have to be included. COMHISSIONER CONSTANTINE: Right. MS. LAYNE: And then this is all owned by the same property owner. COMMISSIONER CONSTANTINE: Is there a downside to including the Pine Ridge buffer then? MS. LAYNE: This one? COMMISSIONER CONSTANTINE: Yes. COMMISSIONER NORRIS: Let me amend my motion to -- I didn't understand exactly what we were going to include, but I think all of that demonstrated piece up there, the entire thing is what I was -- MS. LAYNE: This whole (indicating) -- COMMISSIONER NORRIS: Yes. CHAIRMAN HANCOCK: Including the buffer requirements and -- COMMISSIONER NORRIS: As long as -- Mr. Spagna committed on the record that he was going to submit the plan as shown on this plus have an internal traffic circulation design in it. COMHISSIONER MAC'KIE: And that was my question if we could include a requirement for internal circulation. I was hoping maybe Commissioner Hancock could give us some words in there. COMMISSIONER BERRY: Is it going to be big enough? COMMISSIONER NORRIS: Well, he's already committed to that on the record that he would do that. CHAIRMAN HANCOCK: Well, I think the way in which we want to -- rather than just have that commitment on the record, is that future development of those parcels shall -- the board shall require an internal circulation plan for the purpose of relieving, you know, traffic. COMHISSIONER NORRIS: I'll add that to my motion. COMHISSIONER MAC'KIE: Thank you. I like both of those. And then on the Goal 2 language, just to restate -- and I swear I'll do it fast -- we're going to say that these deadlines, these goals must be met by the state. If they are not, we will remove Goal 2. And we're going to draft it the way that Miss Student proposed it? COMMISSIONER NORRIS: That's essentially correct. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Okay. We've a motion and a second. Is there any discussion on the motion? MS. LAYNE: May I just correct one thing? CHAIRMAN HANCOCK: Yes, ma'am. MS. LAYNE: Because we took -- we had some acreage requirements on that neighborhood center, that based on the amount of acreage we have, they were limited to a certain amount they could develop. We have taken those 10 acres out. Originally, it was 20 acres that could be developed. That means if we leave that at 20 acres, every piece of land under that except for the buffer could be developed as commercial. COMHISSIONER MAC'KIE: And that would be bad. MS. LAYNE: Originally it was that a percentage of that. They could not develop that whole quadrant as commercial -- COMMISSIONER MAC'KIE: Like an activity center, it was a mixed use. This would likewise -- MS. LAYNE: Right. It would be still limited to the 50 percent, but we would have to change it back, I believe, to the 10 acres. CHAIRMAN HANCOCK: I'm sorry. But 50 percent of that doesn't give them any reason for doing the internal circulation. MS. LAYNE: That's correct. That's why I wanted to clarify. CHAIRMAN HANCOCK: So I'd just as soon that it all be designated as available to go commercial, because the other 50 percent is going to be what, affordable housing? MS. LAYNE: With no limitation on the percentage requirement? CHAIRMAN HANCOCK: Yeah. I don't want a percent as a requirement because it takes away their incentive to do the internal circulation. COMMISSIONER MAC'KIE: Doesn't that have to come in as a PUD? MS. LAYNE: It does not have to, but they have committed to it being a PUD. COMMISSIONER MAC'KIE: Because then we get to look at that mix. If it -- you know, I wonder if we want to require it to come in as a PUD? CHAIRMAN HANCOCK: I think we should. COMMISSIONER MAC'KIE: I do, too. COMMISSIONER NORRIS: Hold it. Miss Student's going to tell you why you can't do that. CHAIRMAN HANCOCK: I didn't say we could do it. I just said we can ask them. MS. STUDENT: We can encourage, but as stated there, there's case law to the effect that you cannot require a PUD. It's because of the nature of the document. But courts in the state have ruled that it cannot be a requirement. And to that end, we've placed language in the comp plan before that talks about encouraging PUDs. And I think really the property owners prefer that mode of zoning anyway but -- COMMISSIONER CONSTANTINE: I think we were fine on our direction until Miss Layne tried to explain what we really want. And no offense to Miss Layne, but I was crystal clear until we started then tinkering with what acres meant what. And I think your initial direction you just gave a moment ago was very clear. We'll ago ahead. We'll approve that with all of those things. The lower half has to have the transportation portion inside. CHAIRMAN HANCOCK: You don't want to ask for a percentage? COMMISSIONER CONSTANTINE: I don't know that we need it, no. You know, if we start with doing that, then as you said, what are you going to end up with on the vacant part? COMMISSIONER MAC'KIE: But that's going to be a hundred percent commercial built out. COMMISSIONER CONSTANTINE: Within the confines of our existing requirements. In other words, between -- by the time you get done with your setbacks and your landscaping and all that stuff, there's nothing out of the ordinary. MS. LAYNE: That's what I wanted to clarify. Because right now it would limit that only 50 percent of that quadrant could be developed as commercial. The rest would have to be conditional uses or whatever. If you want that whole area to be developed as one component as a commercial PUD, then we need to take that percentage requirement out. COMMISSIONER NORRIS: percentage requirement. COMHISSIONER MAC'KIE: COMHISSIONER NORRIS: COMHISSIONER MAC'KIE: MR. SPAGNA: Pardon? COMHISSIONER MAC'KIE: My motion is amended to remove that Would you add encourage PUD? No. He's already got one filed. Do you already have one filed, Mr. Spagna? Is there already a PUD application filed? MR. SPAGNA: No, there is not, but we will be very happy to let you include that as part of it. CHAIRMAN HANCOCK: Okay. Since testimony from the second row is not accepted, let the record reflect that Mr. Spagna indicated that he has no problem with the requirement of PUD as a part of this decision. Is there any wish to amend the motion to require a PUD or to encourage a PUD? COMHISSIONER NORRIS: I will be glad to amend my motion to reflect that since Dr. Spagna has already committed that he will do that. CHAIRMAN HANCOCK: Okay. Further questions on the motion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five, zero. MS. LAYNE: And I will make sure I forward all of this to Commissioner Constantine so he can -- CHAIRMAN HANCOCK: And we will forward all the phone calls to you. And let's do this. Because the next item is going to be a little on the lengthy side, let's go ahead and give the court reporter a break now and return at three o'clock. Ms. Cacchione. MS. CACCHIONE: When we come back, could we start with Immokalee and natural resources and kind of finish those up? CHAIRMAN HANCOCK: Get them out of the way? MS. CACCHIONE: Uh-huh. CHAIRMAN HANCOCK: Certainly. Reconvene at three. (Heeting reconvened at 3:10 p.m.) CHAIRMAN HANCOCK: Good afternoon. We're going to reconvene the board meeting. Before delving into the Future Land Use Element, we had two elements that were tabled until later in the meeting. COHMISSIONER CONSTANTINE: Do you need a motion to take them off the table? CHAIRMAN HANCOCK: Yes, I do. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Motion by Commissioner Constantine, second by Commissioner Hac'Kie to untable those two elements. All those in favor signify by saying aye. (Unanimous affirmative response.) CHAIRMAN HANCOCK: Thank you. CHAIRMAN HANCOCK: Ms. Preston, the first one is the -- addresses the Immokalee Area Master Plan. MS. PRESTON: Right. In regards to the recreation and tourist district. First off, I guess, staff had picked the 26 units per acre, which is typical throughout the county to use. But after talking to the property owners, they felt that it probably wouldn't be more than eight units perfect acre, and that's what we would like to recommend at this time. CHAIRMAN HANCOCK: Since what we're granting is a maximum and not necessarily as a right, eight units an acre, I'm comfortable with that reduction. COHMISSIONER NORRIS: I make a motion for approval. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Let me make sure -- do we have any additional speakers on the Immokalee Area Master Plan? I'll close the public hearing recognizing the motion by Commissioner Norris as seconded by Commissioner Mac'Kie. Any discussion? Seeing none, all those in favor signify by saying aye. Five to zero, Miss Preston. Thank you very much. The second item that we untabled. My memory is absolutely failing me. This was a language -- a specific language request. Mr. Cautero, the element is? MR. CAUTERO: Vince Cautero for the record. Bill Lorenz and I looked over the data. While it is not possible to obtain good data on the total number of manatees that inhabit Collier County's waters as well as waters of the state for that matter, we do have some statistical data regarding number of watercraft in the county, which may be a good figure to use if we're talking about the number of manatee deaths that we may be able to avoid. CHAIRMAN HANCOCK: Excuse me, Vince. For those of you holding conversations, could I ask you to either tone them down or move them out in the hallway. Thank you. Please continue. MR. CAUTERO: Thank you, Commissioner. The number of manatee deaths that we may be able to have some control over deals with those that are not natural or, if you will, due to watercraft incidents. And what we have tried to do is craft some language that bases it on the number of boats that are registered in the county. There are just over -- or just under 17,500 watercraft registered in Collier County as of 1997. And what we did was use the 1990 to 1996 historical data as a time line for the number of manatee deaths based on watercraft incidents, and we have found that that is a little over 3.2 for 10,000 boats. For the total number of boats, it's approximately five. So what we've recommended to you in an objective is to try to control that number based on that historical average for the last seven years. And that's what the data is. So I'd be glad to read it into the record, Commissioner. CHAIRMAN HANCOCK: Does this really answer the question of the manatee population growing because, you know, a panther getting struck on Alligator Alley 10 years ago was one of a hundred and some odd. Now it's one of less than a hundred, and it seems to carry a greater weight. The same was true 10 years ago of manatees. If you heard of a manatee hit by a boat, it caused a lot more concern than it does today, because the population itself was down. So this relates it to number of boats, but we can expect that if the manatee population were to increase dramatically, the number of deaths by contact with boats would increase also without the boat number changing. MR. CAUTERO: That's correct. CHAIRMAN HANCOCK: So I think this is a step in the right direction on the side of finding something to relate it to, but it may not -- without having some relation to the total number of manatees or the manatee population, I think we're still missing a piece of that. MR. CAUTERO: Well, I think you are, too, and as I said earlier, I don't think you're going to get a good number on the count, because it's always debatable. We will endeavor to find that number, but I've never been comfortable with the numbers that I've seen in the past and the counts. They're always disputed. Game and Fish and other agencies even dispute those. The data sources are just not that reliable. CHAIRMAN HANCOCK: Well, they're taken by helicopter in the regions on different days, so it's not exactly, you know -- MR. CAUTERO: That's absolutely correct. COMMISSIONER MAC'KIE: It's hard to get them to all show up, though, for the census. CHAIRMAN HANCOCK: Most of them have their forwarding addresses. COMMISSIONER MAC'KIE: Yeah, it's very complicated. CHAIRMAN HANCOCK: Yeah. Actually when I was -- when I was in the Coast Guard, we coordinated manatee counts one year. And it was unbelievable that you had people 50 miles apart doing counts and then interpolating that number into the manatee population, and they're doing it by basing it on the number of manatees that were there the previous year versus this year and it was ridiculous. COMMISSIONER CONSTANTINE: Spending your tax dollars. CHAIRMAN HANCOCK: Is everyone comfortable with this? Since it does at least coordinate that the human impact element does play into at least a number of deaths? I think this is a better number. COHMISSIONER NORRIS: You're right that we do need to maybe in the next amendment cycle come up with a coefficient of manatees, and that would be the population of manatees relationship to the 10,000 boats. CHAIRMAN HANCOCK: I think that's -- COHMISSIONER NORRIS: And so rather than -- than the way we're doing it now, we'll need X number of boats per coefficient of manatee. COHMISSIONER CONSTANTINE: Are you using your algebra to figure that out? CHAIRMAN HANCOCK: No. Host calculators have the coefficient button these days. Okay. What we have is the proposed language as a substitution for the '83 to '87 deaths to -- COHMISSIONER HAC'KIE: Motion to approve that language in the balance of the element? CHAIRMAN HANCOCK: The coastal and conservation management element? COHMISSIONER HAC'KIE: Yes, sir. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Second on the motion. Any discussion? COHMISSIONER HAC'KIE: Close the public hearing. CHAIRMAN HANCOCK: And, again, let me ask, is there anyone that wishes to speak on this item? Seeing none, I'll recognize the motion and second. All those in favor signify by saying aye. Opposed? COHMISSIONER CONSTANTINE: Aye. CHAIRMAN HANCOCK: Again, Mr. Cautero, thank you for putting that together. Now we're to the granddaddy of them all, ladies and gentlemen, the Future Land Use Element. COHMISSIONER HAC'KIE: Well, good, while we're fresh and, you know, start of the day. CHAIRMAN HANCOCK: You haven't seen anything yet, kids. Miss Cacchione, where do we start? MS. CACCHIONE: I think probably the best place to start would be on page 190, and you can through the objections received by the Department of Community Affairs and staff's responses to those objections for your review. The first objection was that we didn't have a table in there reflecting the intensity of all our land use districts and designations. We provided that table. It's Table 2-A, and it's included in your backup. The next item was one that sort of hit a lot of different elements and, again, that's the measurability of the objectives where they are consistently asking for numbers and measures and the aim and intent. CHAIRMAN HANCOCK: This is where the state wants us to determine exactly many square feet of commercial space our residents need. MS. CACCHIONE: That comes just a little bit later. CHAIRMAN HANCOCK: Oh, okay. I'm jumping the gun on the measurability idiocy. I'm sorry. MS. CACCHIONE: They have hit on that in a couple different areas. Objective 2 and the policies under it relate to concurrency, and we have rewritten those policies to make them more measurable based on what we're currently doing and what we have adopted in our Land Development Code today with the adequate public facilities ordinance. I won't go through each one, but if there are any questions on Objective 2 in the policies -- and the same thing goes for Objective 3 in the subsequent policies. We've rewritten all of those to provide what we are doing now in our current ordinances that we have adopted and to provide measurability and to identify the aim and intent of the policy. There is one change on Page 194, Policy 3.1(b), and this was suggested at Planning Commission. The second line where we talk about the preservation of 25 percent of the -- and we should add the words "viable, naturally-occurring native vegetation," so that mirrors our conservation element. CHAIRMAN HANCOCK: Viable naturally-occurring native vegetation; is this grass in a prairie? COHMISSIONER HAC'KIE: Well, it's less restrictive than currently. You know, it's got to be viable and -- CHAIRMAN HANCOCK: I'm still concerned about the application. I'm sorry. Take me to that one specifically. We're on page number '- MS. CACCHIONE: Page 194, Item B. Our current conservation element has the language "viably naturally-occurring native vegetation." I think that sort of provides a measure in terms of what we're talking about for native vegetation, and it would be consistent with our conservation element, as the board approved that. CHAIRMAN HANCOCK: On the practical side -- and we heard this, and it comes to mind in the Twin Eagles -- that it's former pasture land. So prairie grass is growing there or just grass, what we call weeds if it was in our yard, but it's grass if it's anywhere else. And we heard from someone from the CREW lands that said that's important native vegetation. I don't want to get to the point of preserving weeds. Can that be interpreted that you must preserve 25 percent of grasses? MS. CACCHIONE: We could also -- there's one other option, and we could say preservation of native vegetation and not put the 25 percent in. CHAIRMAN HANCOCK: I guess I'm just curious '- MS. CACCHIONE: It would be worse, though, wouldn't it? CHAIRMAN HANCOCK: I always want to define native vegetation because it seems somewhat subjective. It's not like there's a list of all the things that were here when, you know, when -- when Hagellan first tripped on -- COHMISSIONER BERRY: I don't want to preserve sandspurs. CHAIRMAN HANCOCK: That's my concern with this is what do we determine to be native vegetation, is really where I'm having a problem. COHMISSIONER NORRIS: Isn't that defined somewhere else, though? CHAIRMAN HANCOCK: That's what I'm asking, the definition of native vegetation. MS. CACCHIONE: For that I'd ask Bill Lorenz if he's still here, but he's not. CHAIRMAN HANCOCK: Bill conveniently skipped out. COHMISSIONER HAC'KIE: Actually, Bill was in the boardroom just a second ago. If you can hear us Bill, because this is on in there. COHMISSIONER CONSTANTINE: Bill, this is the spirit of the commission. MS. CACCHIONE: If we could -- COHMISSIONER HAC'KIE: Come to us. Come to us in the boardroom. MS. CACCHIONE: If possible, in the interest of time, if we could just continue that discussion until Bill gets here, and we'll look up the definition of native vegetation that's currently in our plan. CHAIRMAN HANCOCK: No problem. Just want to look at the application. MS. CACCHIONE: Okay. And, again, that is one suggested wording; it does not have to read like that. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: The next item was also related to policy 3.1 and all of those policies under it, and we feel that we've provided language that corrected that issue as well. COHMISSIONER HAC'KIE: I need a page number. MS. CACCHIONE: Page 196. COHMISSIONER HAC'KIE: Thank you. MS. CACCHIONE: The next two issues, E and F, relate -- relate to DCA's objections in regard to -- certain districts that we have have a mixture of uses, the business park district, the traditional neighborhood district, the activity center district. And what they have asked as part of this and as part of 9J5 requirements is that we define what that mix of uses is. It's totally up to us in terms of the local government in terms of where that threshold should be set and -- but the mix of the different uses needs to be in there. And I'll go through each district with you specifically. COHMISSIONER NORRIS: And you're referring to proportions? MS. CACCHIONE: Proportions, the mix of different uses. If you have commercial, residential, and industrial in a district, you're mixing each of those types of uses, the maximum amount for each of those types of uses. And the second issue is the intensity overall in the entire urban area, the intensity or the amount of each district and designation. Now, what we have done is we've suggested some changes to you, and we can go through each of those to try to identify how we tried to measure the intensity. Within the urban designation -- COHMISSIONER HAC'KIE: I need a page again. MS. CACCHIONE: Page 197. COMMISSIONER MAC'KIE: Thank you. MS. CACCHIONE: We have identified the amount of the area that is used for the urban designation. For instance, under the first item, 10 percent of the county is within the urban designated area. CHAIRMAN HANCOCK: Say that again. MS. CACCHIONE: Ten percent of the county -- less than ten percent of the entire county is within the urban designated area. CHAIRMAN HANCOCK: Did everyone hear that? COMMISSIONER MAC'KIE: Yeah, that tells Ms. Berry how big her district is. COMMISSIONER BERRY: I have two-thirds of Collier County which is rural America. The rest of you have got the other one-third. COMMISSIONER CONSTANTINE: Let me just make sure -- CHAIRMAN HANCOCK: But we do a good job with it, I think. COMMISSIONER BERRY: Well, you should. You got four of you to deal with it. (Laughter.) COMMISSIONER CONSTANTINE: Let me make sure I clearly understand. Over 90 percent of the county is outside the urban area? MS. CACCHIONE: That's correct, based on acreage. COMMISSIONER NORRIS: That leaves only 10 percent of Collier County is urban. COMMISSIONER MAC'KIE: I've never seen this board so verbose. It's like we want to be here at midnight. MS. CACCHIONE: It's actually less than 10 percent. COHMISSIONER NORRIS: Less than 10 percent of the entire county is urban. COHMISSIONER BERRY: I do a pretty darn good job with my 90 percent. COHMISSIONER HAC'KIE: We think so, too. MS. CACCHIONE: What we have done, also, is in the urban mixed-use district, we've identified how many acres -- and I won't go through each one of these, but we did that in each district here -- is identify how many acres, what the overall intensity for that land use desig -- district would be. COHMISSIONER HAC'KIE: When you say intensity, you mean a hard number like 116,000 acres of urban mixed-use, et cetera. MS. CACCHIONE: That was -- that was our way of meeting their objection, and it's a very simple view of it, and we hope that this will meet that objection. CHAIRMAN HANCOCK: If you read their objection, it says we want you to plan today for your maximum amount of commercial acreage, industrial acreage, res -- you know, we want you determine what that acreage should be. And if you -- if you know anything about Collier County, you know that we can support a larger commercial base based on the economics of our area than most other counties can. So why the heck somebody in Tallahassee would want to either limit that or expect us to determine that is just ridiculous. But they're looking for numbers. And I think staff has given a good job of giving them numbers that, you know, quantify something but don't go to the level of detail they want, which is not their job anyway. So I agree with the manner in which you proposed it. MS. CACCHIONE: The next district is on page 198, the PUD neighborhood village district, and we did not put any thresholds or mixture of uses in that district, because what we're going to do is come back with a Land Development Code amendment which will put the acreage with the number of units. So if you have a certain number of units, you get so much commercial acreage based on how much population that area would generate and how much of a need. COHMISSIONER HAC'KIE: How is that different from, for example, urban residential fringe? I mean, why doesn't that same theory apply? MS. CACCHIONE: Well, in the PUD neighborhood village subdistrict, we have in there that -- the last sentence, that the PUD district of the Land Development Code shall be completed within one year. And we also have in there that it will vary with the amount of commercial. This, again, is the mix of uses. They want to know how much commercial. Well, that's impossible for us to tell them, because we don't know how many PUDs we're going to get or how many different sizes in terms of number of units. So what we've tried to do is tell them that within our Land Development Code, which is the more appropriate location, we will come back and show them that basically this is being done through the Land Development Code. The next district is the business park district, and there are a few changes in this district. First of all, the mixture of uses is in Item A, and we were looking at 30 percent of the total acreage for non-industrial uses to be allowed and the non-industrial uses are specified in Item D below. COHMISSIONER HAC'KIE: Okay. Question. I'm sorry, but commerce park, what percentage? Well, you can't answer that question because of the flexibility. Never mind. MS. CACCHIONE: Now, we will be coming back to you with a specific zoning district called the business park district. We have one in our code today, but we will be revising that. And what we have looked at is making offices and industrial uses -- certain offices and industrial uses permitted uses, and then certain accessory retail that you wouldn't normally have in a development such as this would count towards that 30 percent. So we will be coming back to with you a district that will try to flush all this out. CHAIRMAN HANCOCK: We talked about it earlier, the Lake Trafford concern. I don't mean to seem single issued on this, but the 26 units per acre for hotel/motel uses, you know, along interstates where you have, you know, a Super 8 or something like that where the rooms typically are smaller, that's one thing. But if I think of what we try and create in the business park subdistrict, I think of the Creekside proposal. I don't think of a Super 8 in there. I think of something that has more conference space and meeting space and so forth, and the total number of units per acre wouldn't seem to be the maximum that is really buildable out there. So before agreeing to 26 units an acre as what's allowed there, I'd like to know what some more conventional convention properties are occurring at, things such as, you know, the Registry hotel. What are the units per acre there and so forth? MS. CACCHIONE: Right now the only place where we do permit activities -- 26 units per acre is activity centers. Everywhere else it's basically 16 units per acre. We've been told that the way we look at density with hotel and motel is a bit outdated and that maybe we should look at revising that altogether. COHMISSIONER CONSTANTINE: Been told by whom? MS. CACCHIONE: Pardon? COHMISSIONER CONSTANTINE: Been told by whom? MS. CACCHIONE: We've been told by different consultants that the way they -- the way we look at density in regard to hotel and motel is very different here than other places. It's also very different than the City of Naples as well. COHMISSIONER CONSTANTINE: I'm just trying to understand clearly. Are they consultants that the county has hired or consultants that private property owners '- MS. CACCHIONE: Private property, people that deal in the hotel/motel industry, attorneys, everybody that knows something about hotel and motel. CHAIRMAN HANCOCK: Like most things I like to have a picture in my mind when we either grant or deny a petition, and so to have a feeling for what locally is developed and the character of it and what its density is, so when I think -- when I think 26 units an acre, I'm thinking -- and there's nothing wrong with Super 8's or so forth, but they are -- I mean, it's -- you know, it's stacking people is really what it is. COHMISSIONER CONSTANTINE: We have an excellent Super 8. CHAIRMAN HANCOCK: We do have a good Super 8, and they've sponsored basketball teams -- COHMISSIONER CONSTANTINE: I agree. CHAIRMAN HANCOCK: But -- and so in this I'm thinking this may be more appropriate at 16 units an acre in the business park subdistrict than 26. COHMISSIONER CONSTANTINE: I agree. CHAIRMAN HANCOCK: Just because of the conference nature. So that would be a suggestion. COMMISSIONER NORRIS: I agree. CHAIRMAN HANCOCK: Okay. There's three that agree, so we'll go to 16 units per acre there. MS. CACCHIONE: The next change is in Item D, and this basically says that where there is already industrially zoned or designated land, that when you come in as a business park and take other property into account, you can move the location of that industrial land provided you don't increase the amount, and that allows a little more flexibility in how would we look at industrial within an overall business park. COMMISSIONER CONSTANTINE: What is -- I have to ask the question. A week ago we were told when Creekside came to us that it wouldn't have been impacted by this change anyway. But as this is written, it appears it might have. Am I mistaken on that? MS. CACCHIONE: I don't believe that's correct. COMHISSIONER CONSTANTINE: Okay. Thank you. CHAIRMAN HANCOCK: We didn't have any limits -- COMHISSIONER CONSTANTINE: Right. CHAIRMAN HANCOCK: -- as I'm reading it. I mean, the business park subdistrict as it's written in our packet, and not this one, there were no limits. So if you had no industrial, you could have 40 acres, and if you had 5 acres, you could have 40 acres. MS. CACCHIONE: I would say it was at best unclear before we included this change which limits it. CHAIRMAN HANCOCK: I agree with your statement, until I read a little bit further on D, and it seems like we didn't have any limits. MS. CACCHIONE: No. So I think what we've tried to do is based on your discussion that we heard on Creekside was try to allow some flexibility in the location of industrial but not increase the amount of the intense industrial uses. CHAIRMAN HANCOCK: Okay. If somebody comes in for a business park subdistrict and has no industrial zoning on the land right now, they are not allowed any industrial uses under this? MS. CACCHIONE: Only those industrial uses that are specified in the industrial park itself, which are those uses identified such as research and design and product development, printing. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: Those types of uses that are lower intensity industrial. CHAIRMAN HANCOCK: It's almost like going back to our light industrial zoning. MS. CACCHIONE: Similar. CHAIRMAN HANCOCK: But more controls this time. MS. CACCHIONE: And you will be able to look at each use in that district and basically approve which uses you think are appropriate and which are not. CHAIRMAN HANCOCK: Have we excluded wholesale cats altogether? COMMISSIONER MAC'KIE: You weren't here for that, so that's okay. And House of Worms, it was something -- CHAIRMAN HANCOCK: Yeah. Wholesaling of cats is something we don't want to see in this county. COMHISSIONER MAC'KIE: I was just trying to find out what the hotel density at the Registry, for example, is and what I'm wondering is that it's more than we would think. CHAIRMAN HANCOCK: I know. COHHISSIONER HAC'KIE: That maybe 26 to encourage a hotel of the quality that has convention facilities, that you need a higher density instead of a lower-density hotel. I don't know. I'd like more planning opinions, but maybe 26 is the right number. CHAIRMAN HANCOCK: What I'd like to do is err on the side of caution until we have that information. COHMISSIONER HAC'KIE: Well, is that anything we could do today or '- MS. CACCHIONE: If -- if you wanted to give us direction to research that issue and come back to you with information, we can make the change today to 16 units per acre, and then if you choose at some later time to relook at that based on the information we present to you, we can do that. COHMISSIONER HAC'KIE: But what I'm hearing, though, is that if we go to 16, it's pretty useless; so I just wish if you could get us any good information, you know, today, that would be useful to have. Where did the 26 come from? CHAIRMAN HANCOCK: Remember that like in the recent proposal it was limited to 35 to 50 feet. COHMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: Pick a hotel that's less than 50 feet other than the Beach Club, and they have one wing that's less than that, you're not going to find it. So if we're talking about true compatibility, the height limitation may prohibit 26 per acre anyway. MS. CACCHIONE: I think the city's is higher than ours is. And with -- with the Registry and the Ritz, it's hard to tell, because you're looking at a 500-acre project there. If you just took the acreage that the property sits on, I'm sure it would be pretty high, but I couldn't tell you what that would be. And I don't specifically know what the industry standards are. I haven't looked into that so __ COHMISSIONER CONSTANTINE: Well, I heard three commissioners say okay to 16, so I don't intend to change my mind. I mean, if you want to do that homework in between now and next time around, I don't have any objection to looking at it. COHMISSIONER HAC'KIE: Yeah. It takes four, but I guess there's not four for 26, but there's three for 16. CHAIRMAN HANCOCK: Okay. Let's go ahead and move on to the balance of this, and if we come back -- if that's a sticking point, we can deal with it. Mr. Doyle, I want to get through everything first before we get to any speakers. I know you're offering assistance, but we just don't want any right now. COHMISSIONER HAC'KIE: Don't help us. MS. CACCHIONE: The next change on the business park there is on -- at the very bottom, which is Item J, which says that approximately 500 acres would be allocated to the business park district within our entire urban area, and that would be exclusive of open space and conservation areas. This is based on our industrial study where we show by the year 2020 there may be a need for about 630 acres of additional land within the coastal area. That study was based on one year's worth of data, but it did show that, and we think we can justify the 500 acres. COHMISSIONER CONSTANTINE: What does that number add up to totally then if you count the open space and '- MS. CACCHIONE: I think you could tack on another 30 percent on top of that, and then it just depends on the conservation lands and how that property's situated. That concludes the remarks on the business park. The next district is the office and infill district. And, again, we put in a standard of 250 acres. We feel there's about 207 acres that would be eligible in the county under this criteria, so we think that's well within what we think we could see. And we also wanted to add a provision when we are transitioning, when you're -- have commercial on one side, that you can only use this one time, because if you kept doing it, you would piggyback and leap frog all the way down the street. So -- and that is similar to the provision we had in there before. CHAIRMAN HANCOCK: Commissioner Constantine. COHMISSIONER CONSTANTINE: The maximum acreage eligible 250 acres. Is that on one site or cumulative? MS. CACCHIONE: Cumulative in the whole county. COHMISSIONER CONSTANTINE: Okay. And the reason I asked that, I didn't realize that when I first read it, and I circled at the top where it says the intent is for small parcels, and then I saw the 250 acres and was getting myself confused. MS. CACCHIONE: The largest it can be is 12 acres in size. The next district is the neighborhood commercial district, and on this, if I could, I'd like to direct you to page 8 of your executive summary in the front. This was the language presented and approved by the Planning Commission. It's on page 8 in the very beginning of your document in your executive summary packet. COHMISSIONER CONSTANTINE: The blue pages? MS. CACCHIONE: No, in the executive summary itself. So in the front of the book in front of you it's on page -- agenda page 8. COHMISSIONER CONSTANTINE: Agenda page 8. CHAIRMAN HANCOCK: All right. I'm there. MS. CACCHIONE: I apologize for the confusion. COHMISSIONER CONSTANTINE: Thank you for keeping me in line. MS. CACCHIONE: This district is -- has been approved by the Planning Commission, and basically the changes are that a small scale map amendment is required, that it has to be adjacent to residential -- it has to also include residential, and that it only be one half a mile from an activity center boundary that has commercial within it, and that also we do design standards for those items that you see underlined. COHMISSIONER HAC'KIE: You mean it can't be any closer than a half a mile? It has to be farther than half a mile? MS. CACCHIONE: It has to be at least one half mile from an activity center that has commercial within it or another one of these districts. COHMISSIONER CONSTANTINE: Can you explain that to me, because it used to be, I believe, a mile, and then what's the benefit of making those every half mile instead? MS. CACCHIONE: Staff does not support the neighborhood commercial. We would recommend that you don't put it in the plan. Frankly, I think the half a mile spacing criteria is too close. I think if anything it should be at least a mile and it should be from any commercial whether it's in an activity center or it's not, because it serves the same function. And, again, putting neighborhood commercial on your collectors and arterials just doesn't seem to fit the scope of neighborhood type commercial. And what we've also done is introduced neighborhood commercial into your PUD concept where within a large residential PUD you can have commercial. So staff does not support this district, and I think you'll hear from people that have represented -- COMMISSIONER NORRIS: Okay. So what you're saying is that staff says don't have a stand-alone neighborhood commercial, but you're saying integrated within a PUD is fine? MS. CACCHIONE: That's correct. COMHISSIONER NORRIS: That's the distinction? MS. CACCHIONE: That is the distinction in our minds. CHAIRMAN HANCOCK: I think where that's important is -- one of the selling points of neighborhood commercial is that it integrates with neighborhoods. Well, you know, if there's not a neighborhood for a stone's throw, this idea of walk to the corner for a gallon of milk in 95 degree heat is something that -- we need to recognize this is south Florida. You know, this isn't New York where you can't park your car within 12 blocks of your house or -- you know, I mean, this is a convenience environment. So the problem I have with the neighborhood commercial subdistrict -- I know we're going to have speakers on this -- is that if it's going to be included, it needs a lot more work than what's presented here. What says -- what it says here, basically, is we're going to have one and we'll determine later the building size and placement standards, the buffering and landscape standards, the parking lot design standards, the pedestrian system standards, the lighting standards, and signage standards. Well, what are we doing then? This is -- this is incomplete in my opinion. It's a way to just kind of get the door cracked open so if something happens in the LDC. And I'm just -- I'm just not sold that it accomplishes anything. I like it even less when I see the small 5- and 10-acre parcels rather than only being developed with high density housing or whatnot have some options available to them. But maybe those options exist on a conditional uses as opposed to neighborhood commercial. I don't dislike the idea. I'm just having a tough time with the application the way it's presented here today. COMMISSIONER BERRY: I can't visualize this, Mr. Chairman. I mean, I can't think of where -- how this would -- CHAIRMAN HANCOCK: Right. You'll get a -- I'm sure we'll get a presentation on it, but what this concept does is it piggybacks some of the newer, traditional planning concepts which are where you'd have apartments above shops, and people walk to the shops instead of driving and all this kind of thing. The problem is it kind of takes a piece of that overall scenario and tries to make it happen on an individual basis. The reason those concepts work is because they're central to a larger theme. If you -- COMHISSIONER BERRY: Well, this is what's happening in downtown Naples. CHAIRMAN HANCOCK: Right. COMMISSIONER BERRY: I mean, is that the kind of thing that we're -- that we can relate this to? CHAIRMAN HANCOCK: Uh-huh. COMHISSIONER BERRY: Okay. What I'm having difficulty, then, doing is doing this out in the county. CHAIRMAN HANCOCK: And that's why I think staff is supporting doing it within PUDs, because we've seen on a limited basis it having some success when you relate it to the surroundings. COMHISSIONER BERRY: Okay. CHAIRMAN HANCOCK: So this is -- this has a lot of feel-good things with it that are good planning principles, but when they stand alone, they seem to many times fail the test of accomplishing that, you know, that goal of getting people out of cars and becoming a neighborhood center. And so I think we really need to look very carefully at that. COMHISSIONER BERRY: Yeah. I can visualize this with our bigger developments. I mean, I know that this is happening, but what I'm having trouble visualizing it with is a smaller area. So I'm not sure how this would work. CHAIRMAN HANCOCK: Okay. Let's go ahead and continue. MS. CACCHIONE: If I could direct you -- I'm sorry, back to page 200. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: The traditional neighborhood design district we put in a maximum amount of acreage that if someone comes in with one of the traditional neighborhood design, they could also look at 15 acres of commercial as a maximum. And, again, that would fall in line with what Commissioner Berry was saying in regard to an overall project. In the mixed-use activity center on page 201 and 202 specifically -- COMHISSIONER MAC'KIE: But, Barb, before you leave the traditional neighborhood, I think that the majority of the board, and probably unanimous, said this is what we want to encourage. This is what we wish we could have more of in this community. Do you think we've gone as far as we can go to encourage traditional neighborhood design? MS. CACCHIONE: I think there may be some other things that we could do in terms of incentives, and those might include a density increase and that whole issue of whether density should be increased or not. COMHISSIONER MAC'KIE: I don't think that gets us there. CHAIRMAN HANCOCK: Well, let me suggest something -- let me suggest something maybe for next cycle's consideration. COMHISSIONER MAC'KIE: Okay. CHAIRMAN HANCOCK: There are already ordinances for traditional neighborhoods that have been developed for other communities. Andres Duwaney (phonetic) has done a lot of them. I mean, I don't like all of his ideas, but I think it's a good start. What they do is -- and I've seen this in business is that you come in and meet certain sets of criteria to comply with the stand-alone limits on traditional neighborhood design, you get fast-tracked on the permitting side. COMHISSIONER MAC'KIE: That would be an incentive. CHAIRMAN HANCOCK: Because anyone who's developing knows time is money, and we've seen in the business side and economic development, fast-track permitting really gets things going. So rather than -- you know, the criteria is more detailed and what is allowed is more detailed, but if you're willing to conform to it, you get fast tracked. COMHISSIONER MAC'KIE: I'm real interested in seeing that maybe in the next cycle. CHAIRMAN HANCOCK: So, you know, I think rather than -- you know, I like this as a start, but if we're going to look at how to promote not just the commercial side of it but how it integrates with whatever community is being planned, I think we don't need to reinvent the wheel. We can go see how it's done elsewhere and develop our own incentives. MS. CACCHIONE: We do have those districts. We've looked at them, and we've even drafted some that we thought would be appropriate for Collier, and we can put that together, and that would be more appropriate in our Land Development Code rather than in the comp plan. I mean, we can do that in the next cycle in January. COMMISSIONER MAC'KIE: Great. COMMISSIONER CONSTANTINE: Before we finish our discussion today, I know we're going to have the density discussion and the growth discussion, and I'm not planning on getting into that now, but I did hear you mentioned, gosh, we could look at increasing densities and -- MS. CACCHIONE: Did I say that? COMHISSIONER CONSTANTINE: Well, yeah, and I don't want -- I don't want you to spend -- CHAIRMAN HANCOCK: Would you like to take that back? COMMISSIONER CONSTANTINE: -- a whole lot of time or effort doing that, because I don't hear anybody in Collier County saying we need more people. MS. CACCHIONE: And, in fact, we did take out the density increase that we had in this provision. CHAIRMAN HANCOCK: Thank you. In other words, message received, I think. MS. CACCHIONE: The next item is on page 202, and these mixed-use activity centers, we needed to provide how much commercial-residential community facility type uses would be appropriate, and all of these activities you -- activity centers you see listed, except for No. 6, they are all between 80 to 100 percent already developed for commercial or zoned for commercial. So what we've done is said basically in all these activity centers, the maximum amount of commercial would be 100 percent, and it could also be 100 percent residential, and it could also be 100 percent community facility. COMHISSIONER CONSTANTINE: Ironically No. 6 has somebody that wants to put in light industrial there now so -- MS. CACCHIONE: Number 6, we were faced with some compatibility issues because we looked at taking the size of that activity center down, and we did have -- see some compatibility issues with reducing the size. That's only 60 percent zoned for commercial. The next five activity centers we looked at changing the language a little bit from before, and the requirement that they all come in as master planned activity centers. Most of them are large parcels. There is one activity center, the one at Rattlesnake Hammock and 951, that does have some smaller properties, so we are suggesting that some language be added there that if a property owner owns less than 51 percent, he may still request a rezoning for that property but that -- I can't read my writing -- may still request a rezoning under the mixed-use activity center subject to the language below which requires justification, and with less than 51 percent are encouraged to incorporate vehicular access within the activity cent -- pedestrian and vehicular access. That's the last time I write anything. The other change has to do with activity centers three and seven. We had a lot of discussion about those. That's on 951 and Immokalee Road and 951 and Rattlesnake Hammock. Both of those are pretty much undeveloped. There is only 26 units at Sierra Meadows down on Rattlesnake that has commercial within it. And I think we've looked very carefully at reducing the size of those. And what we're recommending to you today is the Planning Commission recommendation which would allow for 25 acres per quadrant in each of those activity centers for a maximum of 100 acres. That reduces it 60 acres from the size it could have been under our prior activity center boundaries. COHMISSIONER HAC'KIE: How much? MS. CACCHIONE: One hundred acres would be a maximum. COMMISSIONER MAC'KIE: And reduces it by what? MS. CACCHIONE: It was one sixty. COMMISSIONER MAC'KIE: Thank you. CHAIRMAN HANCOCK: Miss Cacchione, the contributing population for those activity centers, is it roughly equal to one that would be, say, in the center of the urban designated area because of the lack of commercial in the Estates? MS. CACCHIONE: The northerly one I think has potential, and I also think the one at Rattlesnake Hammock does because of the school and things of that nature. I would say the northerly one has more potential than the one at Rattlesnake Hammock. CHAIRMAN HANCOCK: My concern is that we don't limit them beyond a point that makes sense for the contributing population, because we've seen the ones in the urban area develop at the one sixty very quickly. So I understand the desire to keep them smaller scale, but if we are going to avoid commercial -- and which I hear some people in the Estates really advocated avoiding -- then we need to allow for it on the edges of the urban area to avoid some of the -- the road impacts westward of that or that that decision would cause. So -- I'm sure we'll hear some speakers on that, but that's kind of where I'm coming from. MS. CACCHIONE: Well, if you use -- you know, that could be roughly a million square feet at each of those. So I think that should accommodate -- if you use 10,000 square foot an acre, I think that would probably accommodate a pretty large population east because the density is low, one unit per five and one per two and a quarter. CHAIRMAN HANCOCK: Do you know -- COMMISSIONER MAC'KIE: May I ask -- I'm sorry. CHAIRMAN HANCOCK: Well, I was going to say, do you know what the per capita commercial square foot right now in Collier County is? MS. CACCHIONE: No. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: Your point is just the density is lower, but if there is another commercial to relieve in those particular areas, so you're going to have a larger area you're drawing from. CHAIRMAN HANCOCK: Exactly. I think when you look at build out, the Estates is going to have a population that is tremendous, and I just want to make sure we provide for the commercial services -- COMMISSIONER CONSTANTINE: There's tremendous growth there right DOW. CONNISSIONER NORRIS: My question would be, Ms. Cacchione, can't we increase these areas as demand grows? MS. CACCHIONE: Sure. We can basically look at it every year and judge -- I think right now being on the edge of the urban area given our development further to the east, right now I think that's a pretty good size and probably a little bit large. We might want to look at some other opportunities further to the east, and I think in terms of the Estates area, we probably need to relook at that whole area in terms of the road network and a couple of other issues. COMMISSIONER BERRY: Amen. CHAIRMAN HANCOCK: It does all dovetail together, that's true. MS. CACCHIONE: They do. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: And the last change is the Golden Gate Parkway and Goodlette Road activity center. The maximum size on that would be 45 acres, and since the quadrants on the north side of that are in the city, we would just take out that language about the two intersection quadrants and just have a maximum of 45 acres for that activity center. That's the piece south and east of Golden Gate Parkway and Goodlette-Frank Road. CHAIRMAN HANCOCK: So we're not going to convert Staver Field into a shopping center, huh? COMMISSIONER BERRY: Not real soon. CHAIRMAN HANCOCK: Apparently no one really understands what I'm talking about. COMMISSIONER MAC'KIE: I do. Football field. We ain't going to do it. Got it. MS. CACCHIONE: I have to direct you back to the executive summary one more time, page number 9, and I promise this is the last time. This is in regard to the interchange activity centers and -- where we had the discussion particularly on interchange activity center No. 9 about adding White Lake and the northwest quadrant, there's 140 acres on that side. What we'd like to recommend to you is that we include all of those in the activity center but we do a specific plan on how we're going to handle access, how we're going to look at how much commercial, how much industrial and residential to really plan out a more detailed plan. And we would recommend to you that the maximum amount of commercial -- it says 50 percent here. We'd like to go with the Planning Commission's recommendation of 55 percent; that gives us a little more flexibility. CHAIRMAN HANCOCK: Have you hit on the -- you hit on the absolute key for me which is master planning the access at that intersection, because right now it just stinks. MS. CACCHIONE: I wish we could have done the mall. CHAIRMAN HANCOCK: Yeah. MS. CACCHIONE: Starting on page 204 -- in the agenda page 204, we've provided the industrial district. The amount of industrial land is 2,200 acres. On page -- the top of 205, this is an error, and it's a mistake on our part. The last -- next-to-the-last sentence under agricultural rural designation, where it also a provision of new centralized water and sewer systems whether the public or private facilities are prohibited except for preexisting agreements made prior to the adoption of this plan. That sentence should have been deleted. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: And that pretty much concludes those two issues and how we tried to deal with the mixture of uses and the intensity of those uses. CHAIRMAN HANCOCK: Okay. Questions on those items? COMMISSIONER MAC'KIE: I have just a real -- I can't find activity center No. 19. Where is it? MS. CACCHIONE: Activity center No. 19 and 20 are down on Marco Island, and we deleted those. COMMISSIONER MAC'KIE: Thank you. It was driving me nuts. MS. CACCHIONE: On page 205, DCA had a concern that we referred to our industrial study but we didn't include it in our plan, so we did a summary and put that in as an appendix. CHAIRMAN HANCOCK: They're working on getting this plan upwards of 50 pounds, aren't they? MS. CACCHIONE: Well, actually we've cut it down probably in half. The future land use map, and there were a couple other maps where we had to amend the coastal management boundary based on what Mr. Parnell said to you earlier about the boundaries of the evacuation zone for the category ones, so we've had to make those changes. We omitted a couple subdistricts on our future land use map, such as the business park and a couple other districts, and we've put those on. And we also addressed their concerns with regard to the well field protection ordinance and the uses that would be controlled in a well field kind of influence. And we addressed that in policy 3.1(d). There are some additional changes that we're recommending at the staff level. The comments are here for your review. We are not required even to respond those. The staff -- COHMISSIONER CONSTANTINE: That's page 207? MS. CACCHIONE: Page 207, the staff recommendations are -- Port of the Islands is listed as an overlay. It is not an overlay. It should be listed under urban mixed use so we're saying that that should just be moved in the plan, and the language stays the same. The wetlands map is required by 9J5 to be in our Future Land Use Element, not the support document. In policy 5.1 we will intro -- introduce a measure of flexibility into all those properties that have gone through zoning teevaluation and allow them to make changes as long as they don't increase their intensity. The new policy 5.12 is a policy which is on page 4 of your executive summary. And what I'll do is just read that to you. Properties determined to comply with the former industrial under criteria provision or with the provision contained in the former urban industrial district which allowed expansion of industrial uses adjacent to lands designated or zoned industrial as adopted in Ordinance 89-05 in January 1989 shall be deemed consistent with the Future Land Use Element. These properties are identified on the future land use map series as properties consistent by the policy. What that does, briefly, is we had two provisions in the plan. One had allowed for C-5 along the perimeter and C-4 along the perimeter and another that allowed expansion. We had five fezones that would now be inconsistent unless we put this policy in. So it is a way to make those existing properties consistent with our plan. The final -- there are some map changes as well. CHAIRMAN HANCOCK: Ms. Cacchione, wouldn't it be cleaner just to say properties rezoned consistent with former industrial under criteria provision rather than determined to comply with the former industrial under criteria provision, because that would cap those that did it and exclude those that don't? MS. CACCHIONE: That's a good change. CHAIRMAN HANCOCK: Thank you. COHMISSIONER HAC'KIE: You're hired. CHAIRMAN HANCOCK: A raise comes with that one. COHMISSIONER BERRY: Real job. CHAIRMAN HANCOCK: Get a real job. MS. CACCHIONE: And we're also adding C-4 and PUD that have been rezoned along the perimeter so that those are not out of compliance with our plan. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: If you'd like, we could go through the map changes. There's a few of those. CHAIRMAN HANCOCK: Let's go ahead and do that. MS. CACCHIONE: On page 210, we have amended the boundaries to reflect the actual boundary of the Riverchase Shopping Center. And it just has a square on there now, and what we've done is reflect the boundaries of that shopping center. On page -- COHMISSIONER HAC'KIE: It's activity center number what? MS. CACCHIONE: Activity center No. 2 on page 210 of your agenda packet. COHMISSIONER HAC'KIE: Okay. Thank you. MS. CACCHIONE: The next change is activity center No. 3, page 211, and this is a minor change to reflect actual property boundaries. The next change is on page 213, activity center 5, and this was to remove Pavilion Lakes, which is residential under C-4. The next -- CHAIRMAN HANCOCK: I'm sorry. The C-4 is existing? MS. CACCHIONE: Yes. CHAIRMAN HANCOCK: Okay. That's the -- COHMISSIONER HAC'KIE: We're taking it out of the activity center? MS. CACCHIONE: That's correct. We were modifying that boundary and just taking the Pavilion Shopping Center. It doesn't affect their current zoning, because they're already improved property, and they can -- they can rebuild and -- CHAIRMAN HANCOCK: They're deemed consistent by being in existence '- MS. CACCHIONE: They're deemed consistent by policy 5.9. COHMISSIONER HAC'KIE: So why would we take it out? CHAIRMAN HANCOCK: Because otherwise it creates a gap in the activity center by removing Pavilion Lake, and it would have a little leap frog if you -- we're trying to clean up the edge of the activity center. COHMISSIONER BERRY: So the dotted line is what's real now? CHAIRMAN HANCOCK: Correct. COHMISSIONER BERRY: Okay. Where the solid line is what was? CHAIRMAN HANCOCK: Correct. COHMISSIONER HAC'KIE: Got it now. Thank you. MS. CACCHIONE: On page 215, activity center No. 7, which is 951 and Rattlesnake Hammock, we are amending that to reflect property boundaries. Activity center 10, page 218, 1-75 and Pine Ridge, the Planning Commission recommended that the church and the agricultural property to the east go back into the activity center. That was in the activity center prior, and they are recommending that that go back in. CHAIRMAN HANCOCK: There's the two within the dotted line there. MS. CACCHIONE: Yes, that's correct. CHAIRMAN HANCOCK: All right. MS. CACCHIONE: Activity center No. 11 -- COHMISSIONER CONSTANTINE: I'm sorry. Can you clarify that last one for me? MS. CACCHIONE: Yeah. Sure. COHMISSIONER CONSTANTINE: How is it? MS. CACCHIONE: Page 218. When we transmitted this document, we did not have the ag piece in and the bottom part of the church where the dash line is. COHMISSIONER CONSTANTINE: You're just putting that back in? MS. CACCHIONE: And the Planning Commission recommended we put it back in. It was originally in the activity center before we transmitted it to DCA where we cut it out. And then the Planning Commission, based on public comment, recommended that it go back in. COHMISSIONER CONSTANTINE: Thank you. MS. CACCHIONE: The next item is on page 219, activity center 11. And on this one there's a recommendation to add back into the activity center Lafontana PUD, which is a PUD approved for either multifamily or adult living facilities and the CF parcel. This is recommended by the Planning Commission. Staff did not agree with that change. We don't feel -- COMHISSIONER MAC'KIE: What's CF? MS. CACCHIONE: Community facilities. I think those are tennis courts. I think we're -- staff didn't agree with that change. We feel that that is an appropriate use for what it's currently zoned for, and it does not need to be in the activity center for those uses that it currently has. The final map change is activity center 13 at Airport and Pine Ridge. CHAIRMAN HANCOCK: Ms. Cacchione, so on that last one, if we make no changes, we would be approving the CCPC recommendation on this or staff's? MS. CACCHIONE: Yes, the CCPC recommendation, because that is what we forward to you. CHAIRMAN HANCOCK: Understood. I just wanted to make sure I was clear on that. Thank you. MS. CACCHIONE: On activity center 13, we're recommending that the YMCA, which is community facilities, come out of that activity center. There is one final change. COMMISSIONER CONSTANTINE: Let me ask a question. If we take that out of the activity center, that then frees up more to be developed? MS. CACCHIONE: No. Those boundaries are defined and they represent -- COMHISSIONER CONSTANTINE: Not boundaries, just as much as total usage, maximum usage of what's left? MS. CACCHIONE: I think it's -- I think it's a hundred percent developed for commercial right now. Well, it's not developed; it's zoned. COMMISSIONER MAC'KIE: Pioneer Lakes is there. MS. CACCHIONE: Pioneer is 150 acres, and there's only about 10 or 15 acres -- COMMISSIONER CONSTANTINE: What's the result of taking that out of the activity center? MS. CACCHIONE: That the YMCA would not be able to come in and request it go to commercial at some point in time. COMMISSIONER CONSTANTINE: It has no impact whatsoever on any of the other commercials? It doesn't alter anything? MS. CACCHIONE: No. COMHISSIONER CONSTANTINE: Okay. MS. CACCHIONE: They probably could apply for office commercial, but that would be about it under a different provision, but not the full range of uses. There's one last change, and I'd like to just go over that with you real quick. This is an error on my part, and it's in the area of critical state concern. The fourth sentence down, it says that Chokoloskee and Plantation Island are excluded from the Big Cypress area of critical state concern. That's not true. Plantation Island is in the critical area, so I'd like to include that. Right after Port of the Islands, put Plantation Island and Copeland, because it is in the critical area, and I made a mistake there. COMHISSIONER BERRY: Chokoloskee is not? MS. CACCHIONE: Chokoloskee is not, but Plantation Island is. And we did receive a letter in support of that from Barbara Cawley. CHAIRMAN HANCOCK: But more importantly let the record show you made a mistake, Ms. Cacchione. COMHISSIONER MAC'KIE: It can happen. CHAIRMAN HANCOCK: All right. I'm just not used to it. MS. CACCHIONE: That concludes my presentation. I'll be available for any questions you have. CHAIRMAN HANCOCK: Okay. Questions of Ms. Cacchione? Seeing none, okay. Let's go ahead and go to speakers. I know we have members of the audience here to speak on this item. COMHISSIONER CONSTANTINE: Can I just make a suggestion. I think we're going to have a number of speakers on this, and in the interest of time, can each of us try to restrict ourselves and if we have questions raised through the comments for our staff, jot them down and perhaps after all the speakers get done, we can ask all our questions at once. COMHISSIONER MAC'KIE: Even I have gained that level of self-control. CHAIRMAN HANCOCK: In addition, if there are no real firm objections, because I think some of the speakers are going to be suggesting either support of what the CCPC recommendation is or is not, I didn't hear any substantial objections to CCPC recommendations on activity center boundaries. Does any member of the board wish to register an objection to the Planning Commission recommendation in those areas? COMHISSIONER MAC'KIE: Not based on what I know now. CHAIRMAN HANCOCK: Okay. Just for -- just for the audience's knowledge. You already have a list of registered speakers on this? MR. FERNANDEZ: We have eight. CHAIRMAN HANCOCK: Okay. Let's go to the registered speakers first, and then if there's anyone else who did not register, we'll take them in turn, so go ahead, Mr. Fernandez. MR. FERNANDEZ: First is Nancy Payton. Still here? CHAIRMAN HANCOCK: That would be absent. MR. FERNANDEZ: Albert Vannini and then Bruce Siciliano. CHAIRMAN HANCOCK: Mr. Vannini, step forward to the microphone, sir. And, again, we need all speakers to state their name for the record. MR. VANNINI: My name is Albert Vannini. I'm one of the owners of activity center No. 11 there on the southwest corner, and we purchased that in 1989 and hate to say this, we paid the high dollar, because in the newspaper at that time they said the money was there for the road, the Vanderbilt Beach Road and it would be done in 1991. So it didn't happen that way, and then somebody came and mentioned about putting a spa in the one area. We wanted to apply for a commercial zone, but we couldn't get it in time because the road wasn't in, so all we could get was the PUD. And so now that it was designated for an activity center, and after eight years more of paying interest and everything, we're finding out that they're trying to take 10 acres of our 15 acres on that corner that was designated for activity center, and I just don't believe it's right. Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Vannini. COMHISSIONER MAC'KIE: The number of that activity center again? CHAIRMAN HANCOCK: Activity center No. 11. It's page 219. This is the portion that staff does not recommend keeping in the activity center, but the Planning Commission recommendation is to do so. It's an ACLF or multifamily approved parcel. COMMISSIONER NORRIS: But is it developed? CHAIRMAN HANCOCK: No. It is zoned ACLF, I believe, or multifamily, but it is not developed. MR. FERNANDEZ: Bruce Siciliano and then Barbara Cawley. MR. SICILIA_NO: Yes. Commissioners, for the record my name is Bruce Siciliano. I'm also here representing the landowners on that intersection. I know it's been a long day. If there's not questions, I can hold off making a presentation or I have a little exhibit even. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Did you say you were representing Mr. Vannini? MR. SICILIA_NO: Yes. COMMISSIONER NORRIS: Okay. My question on that is, when was the application for PUD applied for and granted? MR. SICILIA_NO: The PUD Lafontana was approved in the early '90s as essentially they -- there's a history. They bought the property in '89. This is the one activity center that's been designated as a future activity center. They've kind of been in this position for years of you can't get commercial zoning until the road gets built. In the early '90s they had somebody approach and said, you know, let us put it under contract. We'll get it zoned to an ALF and buy it. They got it zoned, didn't buy the property. They're stuck with the ALF zoning, and it's about to expire. And in the interim, after waiting all these years to be able to get commercial, we build the road and then within less than a year, we chop the property in half and say it's going back out again. COMMISSIONER MAC'KIE: Just kidding. MR. SICILIA_NO: I think there's -- there's some other arguments. If I give you a little exhibit, I think it gives kind of -- CHAIRMAN HANCOCK: Give it to Mr. Fernandez. He'll pass them out to Commissioner Mac'Kie. Thank you, Bob. MR. SICILIA_NO: I mean, certainly I think there's a very strong compelling reason to -- to not pull them out the way we're proposing. I think -- on top of that I think there's some very strong planning reasons to leave them in. Commissioner Hancock, you hit on something very important early on and that's the access question. The 1,320 spacing for this piece of property or for this intersection is literally at the west property line of that 10 acres that's in yellow. CHAIRMAN HANCOCK: So if we ever want to do an internal access road that meets our access management guidelines for a full median opening, this needs to be a part of the activity center. MR. SICILIA_NO: Exactly. And not to mention that you only have 15 acres there, which is a very modest shopping center. We've cut the property in half. You're going to have five acres on the corner, which is going to be, what, maybe a Walgreen's, which is two acres, and then probably a McDonald's or Arby's, that kind of stuff. And then you're going to have a multifamily with not enough units to put any decent amenities in, so you're probably going to have a very mediocre multifamily project if anything, no cross access -- I mean, to me it just doesn't make any sense. I mean, they have to come in through PUD zoning, ultimately. This thing could be designed as a decent center, unified signs, access, landscaping. Something nice can be put on the corner. It can't be under the current configuration. CHAIRMAN HANCOCK: Any questions for Mr. Siciliano? COHMISSIONER BERRY: I disagree. That I think this is an area that ought to be left in there and, again, it relates to the traffic. CHAIRMAN HANCOCK: It's the only way we can have an option for providing access relief in an internal roadway is to leave this in, so I'm going to disagree with the staff recommendation and agree with the Planning Commission myself. COHMISSIONER NORRIS: Planning Commission said leave it in? COHMISSIONER BERRY: Yes. COHMISSIONER NORRIS: Let me ask one other thing. You have common ownership with the piece on the corner; is that correct? MR. SICILIANO: Yes. Everything that's hatched is owned by this property owner. COHMISSIONER NORRIS: It's not on our -- it is on the one you gave us? MR. SICILIANO: Yeah. Everything that's crosshatched, so the yellow plus the crosshatch that's next to it consists of their ownership, which is a total of 15 acres. COHMISSIONER NORRIS: Okay. But the five-acre piece that's on the corner is not zoned in the same PUD; right? MR. SICILIANO: No. It's still unzoned, so it's separate from -- COHMISSIONER NORRIS: I could support leaving this in if I knew that all 15 acres were going to be developed as one unit, as a PUD or something. CHAIRMAN HANCOCK: I would want to go further. I would want them to join -- but we can't require them to that -- COHMISSIONER NORRIS: And obviously -- CHAIRMAN HANCOCK: I want it to be done in a more aggregate fashion. MR. SICILIANO: Well, let me say this. They have to -- they're aware they have to come in to get PUD zoning, and I think clearly there is no objection to saying that they're going to come in with a PUD, zone that whole corner. You're going to see what they're going to get. And let me add also that as far as the rest of the activity center, they have also dedicated a right-of-way already on the south property line. If you look on the little drawing, you can see a street to the bottom, so there is already a piece in a sense of a loop road to interconnect this whole corner. COHMISSIONER NORRIS: I'm not looking for an objection from you. What I was looking for was a commitment that those -- all 15 acres will be unified and brought back at some date in a single PUD. MR. SICILIANO: And I apologize, Commissioner. I was trying to give you that commitment for the property owner. COHMISSIONER NORRIS: For the -- but the question is, do we have the commitment or do we not have the commitment? MR. SICILIANO: Yes. Yes. COHMISSIONER NORRIS: Yes, we do have the commitment? MR. SICILIANO: Yes, we do have the commitment. COHMISSIONER NORRIS: Thank you. MR. SICILIANO: I'm sorry. COHMISSIONER NORRIS: Pulling teeth. CHAIRMAN HANCOCK: Okay. Any further questions? Seeing none, thank you, Mr. Siciliano. MR. SICILIANO: Thank you. MR. FERNANDEZ: Hiss Cawley and then Larry Brooks. MS. CAWLEY: Barbara Cawley with Wilson Miller. I'm just here to go on record in support of my clients, and I want to -- for policy -- actually, it's Section V.A. of the Future Land Use Element. And I'm just submitting a letter. It's the same letter I've sent to you, Mr. Hancock, and to Miss Cacchione on the area of critical state concern, and it's on the record. I just wanted to go on the record and say those things. COHMISSIONER CONSTANTINE: Who are those clients? MS. CAWLEY: The clients are Barton Collier Partnership, Collier Enterprises, Russell A. and Aliese P. Priddy, John Price, Jr., and James E. Williams, Jr. COHMISSIONER CONSTANTINE: Thank you. MS. CAWLEY: You're welcome. COHMISSIONER HAC'KIE: What is this your last cycle before the retirement? MS. CAWLEY: This is my last one. No, not quite. MR. FERNANDEZ: Mr. Brooks. Then Wayne Smith. Dr. James Odom. MR. SMITH: My name is Wayne Smith. I have got a -- Wayne. I have got a little visual here I'd like to put up on the map. I believe you wanted to save that for the record; was that not correct. COHMISSIONER NORRIS: Yes. CHAIRMAN HANCOCK: You can just pin over it if you like. MR. SMITH: Again, my name is Wayne Smith. I'm the property owner in the commercial activity center No. 7, and I happen to be in the northwest corner of it. And if you can see, that's the property that's outlined in orange in the drawing. That particular quadrant of No. 7 is divided into five separate parcels. The other three quadrants are either owned by an individual -- each owned by a certain individual or are under the control of one individual. The southeast -- excuse me, southwest quadrant already has a PUD on it, and the Planning Commission voted to leave that in intact as it is, even though it does have a piece that's outside the quadrant. Excuse me. Staff had recommended it needs to be reduced to 20 acres per quadrant and at the request of attorneys representing other property owners, they increased it to 25. By increasing it to 25, what they've done in my quadrant is basically created a race to see who the first person is to get in for rezoning. There was a factor of 51 percent ownership in the quadrant in order to even be able to apply. They have eliminated that by some wording, but that still means that someone in our quadrant is going to be left out in the cold. If I was to apply and get it, then possibly someone lower than me -- but the piece there in between wouldn't have it, so we wouldn't be unified at all. And I have already been to the preplanning meetings and got my traffic analysis and this sort of thing. So I do intend to get it rezoned commercial. Now, I've been talking to some of the other property owners, and as recently as, well, a few minutes ago, one of them that is here as well, and last night with Mr. Larry HcHillan, which is a gentleman who owns just south of me the other five acres. And there isn't anybody that doesn't want commercial. And I actually wanted to use it -- wanted to use the land and develop it myself. But what I'm requesting today is that you consider keeping that quadrant as a full 40 acres, and the other 20 -- other quadrants can be left at 25 or whatever the PUD comes up to. I'm not sure what that is, like 28, I believe or something like that. Because by the time you take out the special treatment areas, buffer areas, you know, green spaces and that sort of thing, they're basically going to be using 25. What we're going to see here is -- if I owned this land, being a square, I would probably want to develop the commercial kind of in this misconfiguration being this frontage is the best, and so consequently we are going to be giving up this ST, some buffer area and 25 acres would probably suffice us. Yet that same thing would probably apply down here, this here being -- 951 here and the swamp buggy roads or Rattlesnake Hammock Road extension. Right here, if you notice I have -- this is where my entranceway is, and this called The Better Way. It's a -- it's a culverted roadway. And I have a full median access there with turn lanes both north and south. And I understand that traffic is a big concern, internal traffic, which means if they were to come off here and into this development sometime in the future when it is commercial that they would probably want to have access back out, which means it only stands to reason that I'm left in there. But unless the whole thing is left as a -- in the commercial activity center, then we're defeating that concept of the internal flow of traffic with an additional ingress-egress to the north. I don't see any other way to do it. I've been on that property now for 13 years, raised my family there, lived in a mobile home, refrained from ever building a house because the land was deemed to be commercial. So we've lived in a mobile home all this time. The other alternative I understand for this property is put 1.5 homes per acre. I don't know what the marketability is going to be in land in that area because of the homeless shelter to the north which is just to the north of it. And believe me, I do support the homeless shelter. I believe it's a great thing. I kind of wish it was someplace else other than my backyard, but it's where it's going to be. But still the best use for it -- for that particular quadrant is going to be as a one master planned commercial unit. CHAIRMAN HANCOCK: Mr. Smith, your time has expired. MR. SMITH: Thank you. CHAIRMAN HANCOCK: Thank you very much. MR. FERNANDEZ: I understand that Dr. Odom has waived his time. The next is Tom Killen and then Dudley Goodlette. MR. KILLEN: My name is Tom Killen, and good afternoon. I'll be very brief, but back to No. 11, Lafontana PUD. Briefly, approximately five years ago Rosemary Wards called me. She had a buyer for the property. They wanted a specialized type of residential facility for people who had cosmetic surgery and needed a place to hide for a couple of weeks. That was the entire basis of Lafontana, and that's what the buyer wanted to build. So I prepared the PUD. It was approved. Shortly thereafter she got so excited, she bought the additional five acres adjacent to it with her friends because they had that sold, then the sale fell out. So she was saddled with a PUD that she really didn't want by someone else's reasons. We could build out. She says what do we do now. Well, we will go back and revise the PUD at some point, and once the activity center is approved, incorporate your five acres and perhaps incorporate Chris Smith's five acres adjacent to that for a 20-acre PUD, but we couldn't make that decision. Over the years this thing's progressed on the new road construction. I would send her newspaper clippings and things by fax, over the phone, and we became very good friends. She called me a couple months ago and said, Tom, I guess it's time now. The road's in. Let's revamp the PUD, add the five acres to it, and go on, and revisit the entire thing, and get it ready to do something with it. So I went merrily down to the county building, and visited with Bryan Milk. Bryan said, no problem, this is what you do, here are the procedures. He said but you better check with the future growth management before you get started. So I went down and visited with David Weeks, and David showed me a map. He said, Tom, you might be interested in this. I took the map which showed Lafontana being removed, went back to the office, faxed it to Rosemary, called her on the phone and said did you receive my fax? She said, it just came in. I said, well, sit down and look at it. So she sat down, and I didn't hear a word on the phone for about a minute and a half. I thought the poor lady had had a heart attack, because her 10 acres had been bumped out of the PUD. So she said, what do I do? I said, well, Rosemary, I just -- I'm a designer, but you might have to hire a better consultant or an attorney to handle this, because you might have some problems here. So as this went along, I was scheduled to be on vacation at the time this thing came up. And I'm just here as a friend trying to help out. I did want to say one thing, though. CHAIRMAN HANCOCK: Tom, as a friend are you trying to talk us out of leaving it in the activity center? MR. KILLEN: No. No. CHAIRMAN HANCOCK: Okay. I wanted to check. MR. KILLEN: Yeah. Right. I want to put it in the activity center. CHAIRMAN HANCOCK: Right. COMMISSIONER MAC'KIE: And that's what we've said, too. MR. KILLEN: Now, Rosemary asked me , she said -- well, let me back up. I get along great with most of the county employees -- COMMISSIONER CONSTANTINE: Tom, let me try it one more time. I think I just heard at least four voices say -- MR. KILLEN: Thank you very much. MR. FERNANDEZ: Dudley Goodlette and then Greg Stuart. MR. GOODLETTE: Capture this festive mood. Dudley Goodlette with the law firm of Goodlette, Coleman, and Johnson. We're here representing the property owners in Activity Center No. 7, and that's the one that you addressed earlier. And what I have just asked Mr. Fernandez to hand out to you is a colored in area of the service area for activity centers, specifically No. 7, trying to respond to your question, Mr. Chairman, that you asked earlier in this hearing. And although we have worked closely with your staff, both in the transmittals hearing back in March as well as the Planning Commission hearing when 20 acres was being recommended and that was increased to 25 acres, I do think that there's a basis upon which you may -- particularly having listened to all of your discussion this morning and into this afternoon, to leave these activity centers 3 and 7 at 40 acres and not have to tussle with the Department of Community Affairs in future years when clearly it appears to me that those areas are going to -- because of the breadth of the service area as outlined there -- and I just didn't color in activity center No. 3, Mr. Chairman and members of the commission, but I think you can see that it's the same. And so with the -- I would just simply urge you to consider accepting the staff's recommendation including the master planning of these mixed-use activity centers on the six, but leaving 40 acres for Activity Centers No. 3 and No. 7. And that's all I have to offer this afternoon, Mr. Chairman. COMMISSIONER CONSTANTINE: And that would solve Ms. Cacchione's concerns as well. CHAIRMAN HANCOCK: But this -- and Mr. Goodlette's exhibit goes to what I was referring to earlier. When you look at the number of activity centers that serve the urban area, and then look at the gap between 1-75 and 951, you begin to get a sense of the contributing population to those centers and how -- I think you said it best, fighting with DCA next year or five years from now to size them up is not something I want to do. MR. FERNANDEZ: Your final speaker on this subject is Greg Stuart. CHAIRMAN HANCOCK: Mr. Stuart is coming up. Are there any other members of the audience that wish to speak on this matter? Okay. Dwight, if you will follow this gentleman. Anyone else wish to speak? Seeing none, we'll make Mr. Nadeau our last speaker. MR. STUART: Good afternoon, Mr. Chairman and fellow commissioners. Greg Stuart for the record of the planning firm of Stuart and Associates. I am representing the Pullings. I would like to speak a little bit on the neighborhood commercial policy. In my opinion the neighborhood commercial policy as recommended for approval and transmittal by the Planning Commission does fill an unmet commercial need. The neighborhood commercial policy recognizes the shortcomings of mixed-use activity centers. I think we're all aware of that. It also recognizes the shortcoming of the proposed new PUD commercial and also the new infill business commercial. The reason why I say that is that the -- for example, the PUD commercial as proposed by staff will not address existing PUDs. For example, take the intersection at County Barn Road and Davis with the Bretone Park PUD. It doesn't address existing neighborhoods that have an legitimate neighborhood retail neighborhood office type need. In terms of the proposed commercial infill, in my opinion that -- you will be limited by the nature of the development that seeks economies of scales, and you just can't do something that significant that meets the market needs within a half-acre, one acre type concept. The record shows that the state didn't object to the proposed neighborhood commercial, and again, the record clearly shows that the Planning Commission would like to see the policy in front of you transmitted and ultimately adopted. So I would like to suggest that a number of the criteria that are imbedded in that policy certainly does go a long ways towards meeting staff and hopefully legitimate public concerns. These type of uses have to be implemented with an amendment. These type of uses have very specific locational criteria. For example, they have to be adjacent to an existing neighborhood use. Again, that helps tie into the interrelationship between the neighborhood and the commercial functions. I can go on, but there are a number of criteria that really helps tighten this up. It certainly won't lead to any type of overcommercialization of the county. Looking at the staff's handout, they have documented that this may lead to an additional 70 acres of commercial land uses within the county. Seventy acres isn't that much. So I would suggest that if you-all feel that it has merit, and certainly I do, and if you feel comfortable with transmitting it and then adopting it, I would encourage you to do so. If not, possibly a solution would be to work some of the kinks out, to continue this for the 1998 cycle. That way, again, we could have a continuing dialogue with staff, and then also you would have better input, and also the Planning Commission would have better input into this issue. Certainly I'm available to address any comments on this issue. CHAIRMAN HANCOCK: Regarding Mr. Pulling's property for pedestrian purposes, how far is the nearest residential or multifamily home? MR. STUART: The -- there is an existing conventional residential neighborhood immediately adjoining the property to the east. I just don't know the name of it. COHMISSIONER BERRY: Walden Oaks. COHMISSIONER HAC'KIE: Walden Oaks. Walden something. CHAIRMAN HANCOCK: Right. It's immediately to the east, however, the access -- COHMISSIONER HAC'KIE: You have to climb a wall to get to Mr. Pulling's property. CHAIRMAN HANCOCK: Right. So if you're going to use sidewalks, you're going to walk through Walden Oaks all the way to Airport Road, get on Airport Road, get on the sidewalk, walk south of Mr. Pulling's property to get a loaf of bread. MR. STUART: And also there is an existing neighborhood, again, to the east of it, so you would be walking along the future Orange Blossom Road. So, again, there are two residential communities. COHMISSIONER CONSTANTINE: How far is this property from the nearest commercial property? MR. STUART: The nearest activity center or commercially zoned property? COHMISSIONER CONSTANTINE: Either. MR. STUART: I can't address the nearest commercially zoned property because, again, you may have a scattering of old commercial lots. I believe it is at one half of a mile from the edge of the zoned area of the activity center immediately up the road. COHMISSIONER CONSTANTINE: I suspect that's why the suggested language is one half rather than one mile. MR. STUART: I would suggest that your suggestion is correct, yes . CHAIRMAN HANCOCK: Any further questions? Thank you. MR. STUART: Thank you. MR. NADEAU: Mr. Chairman, Commissioners, good afternoon. For the record, Dwight Nadeau, HcAnly Engineering and Design. The reason why I came up was to try and clarify your first question regarding the native naturally functioning provision. At the Planning Commission I found this omission in this policy 3.1(b) of the Future Land Use Element. The Conservation Coastal Management Element has similar or identical language, being naturally native functioning vegetation as it relates to the preservation of 25 percent of native vegetation on developments. This clarification or this addition to that policy would maintain the status quo as far as how 25 percent is reviewed by development services staff, and it relates to if there is a significant portion or a portion of a project area that has predominantly exotics, that's not native, that's not naturally functioning, therefore, it would be removed from that preservation requirement. That was the whole reason for that language to be in there. CHAIRMAN HANCOCK: Any questions? Thank you. And make sure you fill out a slip, Dwight. MR. NADEAU: Certainly. CHAIRMAN HANCOCK: Do we have additional speakers on this element? MR. FERNANDEZ: Mr. Bruce Anderson has given me a request to speak. CHAIRMAN HANCOCK: Okay. Mr. Anderson. MR. ANDERSON: Mr. Chairman, Commissioner members, I want to address myself to the -- one of the first issues you talked about was the density for hotels and motels in a business park. By way of background, before I went to law school, I did work as a front desk clerk in a hotel. CHAIRMAN HANCOCK: I was a bellman, Bruce, so we'll just start up a business one of these days. MR. ANDERSON: No. I've never tendered myself as an expert but CHAIRMAN HANCOCK: So exactly how many days did you work as a front desk -- no just kidding. MR. ANDERSON: The -- I wanted to give you a couple of examples of hotels in the city and what they allow. They have allowed recently as much as 52 units per acre. COHMISSIONER HAC'KIE: Shame on them. MR. ANDERSON: Our firm handled the Marriott Courtyard on U.S. 41, which is a typical businessman's, businessperson's place to stay when they're traveling. COHMISSIONER HAC'KIE: I'm watching you. Good catch. MR. ANDERSON: And also the Inn of Naples is about the same. I would -- I would venture a guess -- and I tried to confirm this with your planning staff, and I believe they agree with me -- we are not aware of any new hotels which have been constructed since 1989 in Collier County outside of activity centers or existing residential tourist zoned areas. Those are the only two that allow 26 units per acre and, again, that's half of what's allowed in the city. Certainly you don't want the city stealing all the nice, new hotels, do you? COHMISSIONER HAC'KIE: Just leave the Super 8's out in the county, not that they aren't wonderful. Sorry MR. ANDERSON: No, not that there's anything wrong with them. I would suggest that you take the density out of the Comprehensive Plan and deal with it in the Land Development Code. Many other local governments deal with -- regulate the size of hotels by either a floor area ratio basis or a combination of lot coverage and building height. And with business parks you've already got half that done with the building height. And I just think if you -- if you lower it to 16 units per acre, you might as well just take hotels and motels out of business parks at all. COHMISSIONER BERRY: That's reasonable. CHAIRMAN HANCOCK: I hate it when the facts contradict my direction, but in this case they seem to. My concern, obviously, was to avoid the unknown of overintensification. In other words, using business park subdistricts to actually get a hotel zoned. That was my -- really my concern. So I didn't want to make it overly attractive in that arena. So, Miss Cacchione, is there any possibility we could just put hotel and motel as a use in there and then use the Land Development Code to regulate the density or is big brother going to suggest otherwise? MS. CACCHIONE: In my opinion, I think you would still have an issue with the Department of Community Affairs, but if that's what you'd like to try, we -- usually we would put in a floor area ratio to give the mix of intensity or the maximum number of units, which is what we do for almost -- for every residential category. CHAIRMAN HANCOCK: Well, we would obviously need some assistance to develop them. I'm sure if Mr. Anderson gets a paying client in that arena, he'd be glad to step up and help us. But, you know, we do need to -- I mean, if we're -- if we're doing something wrong -- I'm not sure I want 52 units an acre hotels, you know, throughout the county, because they do generate a lot of traffic in season. MS. CACCHIONE: If we were to look at -- COHMISSIONER NORRIS: -- at 35 feet anyway, so there's nothing to be concerned about. CHAIRMAN HANCOCK: Well, that's true. MS. CACCHIONE: If we were to look at 26 units per acre in business parks, and then we can come back and look at that whole issue and whether we need to amend the plan in the LDC. COHMISSIONER HAC'KIE: Don't you think DCA would be satisfied, though, because of the height limitation, that we've adequately -- MS. CACCHIONE: There is no height limitation in the comp plan, and they continually direct us back to the comp plan, because if it isn't nested in there, you can change your LDC any way you want to. COHMISSIONER HAC'KIE: God forbid they not have a say. CHAIRMAN HANCOCK: Okay. Either leave it at 26 or remove it. I am fine with those. I'm not going to bump it to 52. COHMISSIONER NORRIS: In that zoning district, I think it's going to be fairly self limited unless somebody wants to go 35 feet up and 10 stories underground. MR. ANDERSON: There are some strong -- COHMISSIONER NORRIS: And they're not likely to do that, but I think it'll be fairly self limiting, and I think you can put 26 in there, and in that particular zoning district, it's not going matter, because with 35 feet you can't -- CHAIRMAN HANCOCK: Okay. Okay. COHMISSIONER HAC'KIE: Support. CHAIRMAN HANCOCK: All right. Fine. Whatever. MR. FERNANDEZ: Mr. Chairman, are we ready for the next speaker? CHAIRMAN HANCOCK: Oh, sure. Is this the final speaker? MR. FERNANDEZ: This is the next final speaker. CHAIRMAN HANCOCK: Is this the next final speaker? MR. FERNANDEZ: The next final speaker. MR. DUANE: Robert Duane for the record. I just wanted to mirror Mr. Anderson's comments, and I support you taking it out and addressing it in the Land Development Code. CHAIRMAN HANCOCK: So mirrored, Mr. Duane. MR. DUANE: Thank you. COHMISSIONER NORRIS: He was the latest in a long line of final speakers. CHAIRMAN HANCOCK: Okay. No more speakers on this item? I will close the public meeting. COHMISSIONER CONSTANTINE: Mr. Chairman, there appear to be three or four areas that we need to address, and it looks like we have general consensus on them, but just let me touch on quickly. Area seven that Mr. Smith and Mr. Goodlette talked about. It appeared we had consensus to leave those at 40 acres in each quadrant? COHMISSIONER HAC'KIE: Yes. COHMISSIONER BERRY: Yes. CHAIRMAN HANCOCK: Yes. COMMISSIONER NORRIS: My only question is -- wait a minute. It may not be too pertinent, but in Mr. Smith's particular case there, he's got one piece out of all those five or whatever it is up there, and our idea is to consolidate that and have an internal traffic plan. How are you going to do that with five owners? I mean, we can't force them to that, can we? CHAIRMAN HANCOCK: No. But if an internal traffic -- internal circulation plan is key to the development and they're not able to work together to get it done, well, then they're just going to sit for a while. COMMISSIONER NORRIS: I see. Okay. That answers my question. COMMISSIONER CONSTANTINE: On activity center 11, we talked about leaving all 15 acres in there rather than cutting that back to 57 COMMISSIONER BERRY: Yes. CHAIRMAN HANCOCK: Yes. COMHISSIONER MAC'KIE: I have got to find it. COMHISSIONER CONSTANTINE: On the neighborhood commercial subdistrict, it appeared we had general consensus not to support that. Staff didn't support it. COMHISSIONER MAC'KIE: But Planning Commission did. COMHISSIONER CONSTANTINE: Well, Commissioner Hancock had brought -- yeah, Commissioner Hancock brought up the point it appears to be incomplete. COMMISSIONER NORRIS: Can I make a comment on that? COMHISSIONER CONSTANTINE: Certainly. COMMISSIONER NORRIS: You know, I've been a supporter of the concept all along. What I would like to see the staff do, if the board supports the idea, is to do some more work on this before the next cycle. If you have a stand-alone neighborhood commercial proposal, it has to integrate itself into a neighborhood. COMHISSIONER MAC'KIE: Thus neighborhood commercial. COMMISSIONER NORRIS: Right. But to try to shoehorn a piece of property into this district when it really doesn't fit the criteria and doesn't service any neighborhood and does not have access -- really good access to a neighborhood, I think it's the wrong thing to do. So if there's some way that the staff can work on language and criteria where if there's -- you know, there may be an existing neighborhood somewhere that you could put one of these things in and actually legitimately serve the neighborhood. If you do that, fine. COMMISSIONER CONSTANTINE: Let me see if I can form that into a suggestion because Ms. Cacchione suggested two things earlier and that was one mile is more appropriate than a half and also that it should be from existing commercial, I think you said, as opposed to just an existing activity center. MS. CACCHIONE: That's correct. COMMISSIONER CONSTANTINE: But if both of those are part of the direction, I would suggest they go away and try to use those to formulate what you're suggesting. COMMISSIONER NORRIS: Well, I'm not sure the distance -- the distance requirements are even material to what I'm talking about. COMHISSIONER MAC'KIE: I agree. COMMISSIONER NORRIS: I think what I'm saying is, if you have an existing neighborhood -- I live out in Lely. If there would happen to be a piece of property that would be suitable and somebody could do this, and there was access from all the neighborhood to go there, I'd support that. COMHISSIONER CONSTANTINE: And I'm saying is, you know, you'd have -- if the purpose is to serve the neighborhood, you don't need more than one in a mile. CHAIRMAN HANCOCK: I'll tell you what, rather than -- since we're not going to vote on that today as language it sounds like, but directing staff to -- COHMISSIONER CONSTANTINE: Well, I was just going to see if we had a majority to make that one instead of half. If we don't, that's fine. CHAIRMAN HANCOCK: The distance is less important to me than its access provisions, because as Commissioner Norris says, if you're accessing neighborhoods, then you're not relying solely on drive-by traffic. If you're relying solely on drive-by traffic, then you just got commercial. I don't care how pretty you make it. MS. CACCHIONE: The other problems with this district, again, it's focused on arterials and collectors. And also when you go and you take commercial and you plop it down into an existing residential neighborhood, you very often have conflicts as well. And that's why we preferred to give you the option of putting it in a planned unit development so can all be planned at the beginning before the property is developed. COHMISSIONER HAC'KIE: But I like Mr. Norris' idea, too, that it could come up in an existing residential development. CHAIRMAN HANCOCK: Excuse me, Commissioner Mac'Kie, Commissioner Constantine is about to hammer me. Go ahead. COHMISSIONER HAC'KIE: Okay. Go ahead. I don't want to miss that. COHMISSIONER CONSTANTINE: Aren't you the one that said this is Southwest Florida and people aren't going to walk there anyway; it's too hot, and they're going to drive. CHAIRMAN HANCOCK: Well, no. In a round-about way. COHMISSIONER CONSTANTINE: So we'll give staff direction on that? The one other area was the 26 units instead of 16 in the business park subdistrict. I don't know if there were any other areas that I've missed, but I know those five. CHAIRMAN HANCOCK: Ms. Cacchione, I'm sure you were taking comprehensive notes as we went along. MS. CACCHIONE: Well, I rely on Lee Layne for that. In the business park district, there is one thing I neglected to point out earlier, and that's in Item E. The language that should be taken out is that portion of the business park designated or zoned industrial. And so it would read that if you are in an industrial designation and you have industrial land zoned, that you can move it within the business park but you can't increase the amount. So I needed to take that line out. CHAIRMAN HANCOCK: Okay. But if you don't have industrial, you Can '- MS. CACCHIONE: You're only are allowed the business park uses, and you don't get that heavier intensity of use. CHAIRMAN HANCOCK: You can't create new industrial? MS. CACCHIONE: That's correct. CHAIRMAN HANCOCK: Outside of what was identified as the -- MS. CACCHIONE: You can just move the location of it. COMMISSIONER MAC'KIE: And did we settle on viable naturally occurring native vegetation? CHAIRMAN HANCOCK: That was my next note. The explanation we had from Mr. Nadeau got most of the way there, but I don't know. I guess in application, it's been there and it hasn't been problematic. I just -- I worry about somebody twisting this thing and making somebody, you know, save weeds. That bugs me a little bit, but I guess I understand the reason it's been changed. I'm not going to argue that point, particularly because it's getting late. COHMISSIONER HAC'KIE: There's an honest comment. CHAIRMAN HANCOCK: Okay. Any other questions or comments on elements in the Future Land Use Element? Seeing none, is there a motion? COHMISSIONER CONSTANTINE: I make a motion we approve consistent with the six areas we just outlined and came to consensus upon. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Ladies and gentlemen, we have to change court reporters now. COHMISSIONER NORRIS: And are we completely finished with this thing? MS. CACCHIONE: There's one more discussion item and that's the issue of the density. CHAIRMAN HANCOCK: Okay. That's not going to happen within five minutes, so let's go ahead and change court reporters, if we may, and get to it when we come back. Take a five-minute recess. (Brief recess taken at 4:45 p.m.) CHAIRMAN HANCOCK: Good afternoon. We are going to reconvene the Board of County Commissioners' meeting. Unfortunately, Commissioner Constantine isn't back just yet. I needed to clarify that last motion. I just heard the door open. Maybe he's coming. That last motion on the activity centers -- COHMISSIONER HAC'KIE: There he comes. CHAIRMAN HANCOCK: -- Commissioner Constantine, I was under the impression that we were keeping at 160 acres activity centers numbers 3 and 7. COHMISSIONER CONSTANTINE: Yeah, I'm sorry. I missed -- on my motion I did not include 3. So if I need to either make a new motion or change the old motion, I will do whichever is required to include activity center number 3. CHAIRMAN HANCOCK: Let's take a new motion regarding activity center number 3, then. I think that would be appropriate. COHMISSIONER CONSTANTINE: Mr. Chairman, I make a motion we include, with activity center number 3, we stay with the original 40 acres per quadrant. CHAIRMAN HANCOCK: Before a second occurs, I need to open the public hearing, I assume? Is that correct, Mr. Weigel, as a way of procedure? MR. WEIGEL: Well, you don't necessarily have to open the public hearing, you can have the public hearing closed. But technically, this is a reconsideration. CHAIRMAN HANCOCK: Okay. MR. WEIGEL: And so you've got a motion that was hopefully approved and acted upon. You need to reconsider that motion. You will vote to reconsider right during the very meeting that you have today, which is the easiest way to do it, of course. CHAIRMAN HANCOCK: Okay. MR. WEIGEL: You vote to reconsider upon a successful vote, if there should be one, then you move to the item itself. CHAIRMAN HANCOCK: Okay. Let's hold off a minute. COHMISSIONER CONSTANTINE: I don't mean to nitpick, but if it wasn't included in the last motion, can't this just be a separate motion? I mean, we can go through the exercise of making three motions to get to our motion, but we didn't include the other one. What's the difference if we just make a motion specific to that at this point? CHAIRMAN HANCOCK: Maybe his ability to defend it. COHMISSIONER HAC'KIE: Short answer. MR. WEIGEL: I'm thinking that the agenda item is over and you're reopening the agenda item. MS. CACCHIONE: Actually, though, agenda item 12-A, which is the Comprehensive Plan Amendments, are still open. We are just making motions on each element as we go along. I don't know if that clarifies anything. CHAIRMAN HANCOCK: And then will there be a final motion to transmit? MS. CACCHIONE: There will be a final motion to close the whole public hearing and to adopt the Comp Plan. CHAIRMAN HANCOCK: Tell you what, rather than talking about this for five more minutes -- COHMISSIONER CONSTANTINE: Mr. Chairman, I'll withdraw what I just said a moment ago and make a motion we reconsider the motion we did before the break. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Thank you. Motion and second to reconsider the Future Land Use Element -- COMMISSIONER CONSTANTINE: To placate our attorney over here. Let me put that part in. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. (All respond aye.) CHAIRMAN HANCOCK: Okay. We are in a reconsideration mode of the Future Land Use Element. Is there -- COMMISSIONER CONSTANTINE: Mr. Chairman, I'd like to make a motion that we approve all of what was included in the prior motion and activity center number 3. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion on the motion? COMMISSIONER NORRIS: Just to clarify for the record that when you say activity center number 3, you're saying leave 40 acres in each quadrant. COMMISSIONER CONSTANTINE: Correct. COMMISSIONER NORRIS: Okay. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Seeing none, we are now to a wrap-up of the Comprehensive Plan Amendments. Mr. Arnold, we have obviously taken separate motions on each individual element. Do we now need a motion to transmit to DCA? MR. ARNOLD: We do, but -- COMMISSIONER CONSTANTINE: Go ahead. MR. ARNOLD: I just wanted to add, as part of our discussion of the Comprehensive Plan, it was obvious that we did not propose to make changes relative to the issue of density and our density rating system. And it's something that we have discussed over the last year, year and a half with the Board of County Commissioners at varying times, culminating lastly in the report by the David Plummet and Associates who came back to you modeling the scenario that took approximately 100,000 people out of a population scenario, modeling the transportation network that resulted in that. You had seen a memorandum prepared by Mr. Cautero, and it discussed residential density, provided some scenarios looking at agriculturally zoned areas, still within our urban area, as those areas that we can most easily make change and effect change, with probably the least possible argument relative to legal challenge. And I think what we're trying to seek here is really some firm direction on how we might approach this issue in the near future. We do have the issue of cjustering that's still out there, looking at agricultural rural subdivisions. I think from some of your environmentalists in the community, they see the urban issues very strongly related to those areas outside the urban boundary, and I think we agree it's all very much related. It's a pretty complex issue. We've been involved with a technical working group for the last few months and hearing what they have to say about the issue of density, how we might approach this, what we might do. And I think we all recognized, based on the David Plumber study, that to significantly impact our transportation network, we have to make some significant adjustments for a future population. One thing I'd just like to clarify is there are a lot of population numbers, build-out numbers that have been thrown out there. And I think the build-out study estimated we would have a build-out population in our urban areas of 458 thousand and one people. I think that number gets confused at times with what was a 2020 projected population for our urban area, or for the county, for that matter, which was around 393,000 people. COMMISSIONER MAC'KIE: What was that number? MR. ARNOLD: Roughly 393,000 for a 2020 population projection for the county, county-wide now, comparing that with a build-out population of our urban area of about 458,000 people. And in the David Plummet study, for instance, we took approximately 18,000 agriculturally zoned acres, modeled that at a rural density scenario, just assuming that the only density that you can achieve on any of those parcels that are still agriculture in an urban area at one unit per five acres, that model of population to urban area of about 429,000 people. It didn't quite achieve the 100,000 reduction that we had hoped, because they looked back at some of our traffic analysis zone data and decided to take some of the small ag. parcels along the Airport Road corridor, Goodlette Road north of Immokalee Road, that are very well urbanized around them and it didn't make sense to take some of those parcels out. We have also since had Island Walk DRI PUD on Vanderbilt Beach Road, that area comes out. Fiddler's Creek added acreage last year of 690 acres, comes out of that inventory, as well. So we are down to a little over 17,000 acres of agriculturally zoned land still within our urban area, that are subject to future zoning actions at urban densities. I think one thing that's become clear through not only our discussions with our technical working group, but the last conversations we've had with the Board, and even focus -- has really come to focus on the transportation impacts of the population growth and what impact it has aesthetically and functionally on that road network. I think what we have suggested is that, even though you have different scenarios, the Plummet study did go ahead and point out several alternatives related to transportation, and that means linking up some of our corridors and doing some further corridor studies. We believe that it would be a necessity to go back and really fine tune the traffic model that we're currently using and better utilize some data that we could gain relative to employment and population numbers on a specific analysis zone, and maybe give you some better information than we have in the past. A lot of that isn't cheap to come by, and certainly, some of those traffic models can be a fairly significant cost. I think given enough time and the right -- the right data, I think we on staff and our HPO have enough -- I think we have enough responsible staff people to do some of this analysis in conjunction with our contractual transportation plan. And I guess with that, that's sort of my wrap-up, and I would hope that we can have some discussion. I know it's a late hour and if we choose to bring this back at another Board meeting, we certainly will. CHAIRMAN HANCOCK: It a late hour combined with probably one of the most important facets of our responsibility here. COHMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: Commissioner Constantine? COHMISSIONER CONSTANTINE: I just -- I had put together a little paper, and I know Commissioner Hancock had put together a paper on a couple of ways to approach this. And I think ultimately, those combined, or combined with other things, may well be the answer. But what I thought was interesting was just less than an hour ago, Ms. Cacchione mentioned, just in passing on some mildly related issue, something about increasing density, and everyone out there's eyes got big. And I think we made it fairly clear that having a higher number of population is not where we want to go. We all hear that phrase, "we don't want to be another East Coast, we don't want to be Hiami" and I don't think we are really in danger of that. But the smaller the population, I think, the better, and I think we all hear that message over and over. Obviously, how the transportation network unfolds is an important part of that. My thoughts are fairly simple, and I outlined them in my little white paper in probably too simple a manner, but there is an ultimate cap, there is a finite number that we can reach right now. Because we have certain zoning restrictions, you can only put so many units per acre in different type zoning. And if you fill all of those up, there is a number you reach, there's a finite number. Just simple logic tells you if the finite number then is restricted or is lowered, if we lower the cap, then you end up with a smaller population. Now, I realize there are assumptions that we make and that everyone doesn't use their property to its maximum density anyway. But we can, by using the same formulas our long range planning department uses now, have a real impact on making that finite cap smaller and having the ultimate build-out number or the 2020 number smaller through lowering densities. Last year when we talked about this topic, the example I often used was in single family homes, but I don't think you would just do one number across-the-board. I think single families would have a particular number and you'd still have a different number for multi-family and all. But where I'd like to see us go is focusing, as part, anyway, of our attempt to reach what the public is clearly asking for, and that's a smaller build-out population, is to lower that finite cap, lower that number. And an immediate and very real way to do that is through lowering some of our densities. Now, I suspect it will be more complex than simply changing single families from 4 to 3.1, and I think some of the examples Mr. Cautero and Mr. Arnold and some of that crew have given us show some of those possibilities. I have a clipping here from earlier in the year from the Plummet study, and the headline reads: "Reduced density will slow need for expanding area's road system," and talks about it could be fewer than -- 100,000 fewer people than otherwise. I think we need to pursue that. I first brought it up to the Board in October of '95, and we have had, through various committees and otherwise, we've gotten delayed along the way and I'd just like to see us give some fairly specific direction to staff and have a goal in mind before we leave tonight. I don't know if we're going to answer exactly how we're going to do it, but I think we can certainly get on that path, rather than continue to flounder around and wonder if we're going to do it. CHAIRMAN HANCOCK: I think precisely what you said is what our staff is looking for, and that is, a direction. There is no question that you can use density to limit an ultimate population of a given area. My concern is not with the concept, but with the legalities, and the ability of communities to arbitrarily determine a population that -- and by arbitrary, I don't mean without thought. But I think the courts would look at it as somewhat arbitrary. That's why, in putting together what I distributed to each of you yesterday -- COMMISSIONER MAC'KIE: I was asking Sue to get another copy for me. CHAIRMAN HANCOCK: I have another one here. COMMISSIONER MAC'KIE: Never mind. CHAIRMAN HANCOCK: This is something that we started two years ago talking about this. What has occurred to me is that there are communities in Collier County that are high density communities, but don't feel like it, don't look like it, don't act like it. It's because of their individual makeup, their individual chemistry: How they're built, the mix of units and whatnot. They are higher density than what's next door, but maybe generate less traffic or have people that live there fewer months of the year, or whatnot. Their impact on the community is overall less. What that shows me is it's not just density that dictates the impact of a community, and I think that goes hand in hand when we look at what we legally have the ability to limit, without calling in a lot of unknowns. And so what I felt was most appropriate was to go back and look at what our infrastructure requirements are. And although we all know infrastructure extends from waterlines in the ground to library space provided or number of books provided on the shelves, the key pieces of infrastructure for government really come down to water, sewer and roadways. I mean, when you think about just traditional government, water, sewer, roadways and there are other services. But I think that's -- for concurrency, that's what's important. The most limiting factor of all of those -- we've all heard the reports on water -- we can provide water to a half million people or more based on what we received just several months ago from our water department. The same is true of sewer. And we know through the year 2020 we can provide a roadway network for 400,000 people. Well, when you put a water line in the ground or sewer line in the ground, who cares what size it is? Nobody sees it, nobody cares. As long as they turn the tap on and the water comes out, they couldn't care less. The roadway system doesn't operate that way. People do care about what it looks like, and how it feels and how it acts. And since it is a legal, limiting concurrency issue, and since it has a direct impact on quality of life, and since it is one of the most limiting pieces of infrastructure we have, that seems to me to be the place to start in looking at how we do or do not limit growth in the future. Commissioner Mac'Kie has brought the 2020 financially feasible plan which shows potentially 19 grade separations or flyovers -- COMMISSIONER MAC'KIE: That's the red crayon. CHAIRMAN HANCOCK: -- which is basically a bridge over another road. When I talk to community groups, just like all of you, I get the same reaction: What are you, out of your mind? How can you let this happen? CHAIRMAN HANCOCK: Now you see why Vanna gets the big bucks. (Laughter.) COMMISSIONER MAC'KIE: Did you hear what he said? "Now you see why Vanna gets the big bucks." I think that's a great line. CHAIRMAN HANCOCK: In concert with your recommendation and your drive to look at density, I think hand in hand with that we need to look at what, how we can limit legally. We can drop the density tomorrow by affecting those ag. parcels and it will have a positive effect on the roadway system. No one's arguing that. My concern is, are we winning the battle and losing the war, because the product remains the same, which is a roadway system in a community that aesthetically nobody wants. So what I have asked -- I don't think in the history of the Board there's been a Board-written white paper, and in two days, we get two of them. COMMISSIONER CONSTANTINE: Term paper thing. CHAIRMAN HANCOCK: What I've put together is a four step approach that does not preclude what you have suggested, looking at the density issue and looking at the options. But what it does do, I think, is put us on the road of ultimately defining the most limiting element of community, which appears to be our roadway system. The four steps are as follows: Step one, identify the future roadway system as this community's most restrictive infrastructure element. In other words, if we don't agree upon that, then I'm in the wrong place. If there's another infrastructure element out there that's more restrictive, we should be dealing with that. But I believe it's roadways. Step two, design a roadway system that will meet the community's expectations of character, while providing optimum capacity. Some of this work has been done through FoCuS. In a nutshell, 19 flyovers are not acceptable. Find a way not to have them. Design a roadway system that doesn't contain those kind of things. The next thing you have to do is determine the vehicular capacity of that alternative and the population it will serve. And I'm not going to fool anyone. When you look at the roadway system you, quote, unquote, want, and the population it will serve, it will be probably less than our current population, plus the approved units on the books. COHMISSIONER HAC'KIE: Oh, yes. CHAIRMAN HANCOCK: I think it will be less. So we're already going to find a deep, deep chasm of difference there, I mean, just something that we're not going to like. But we need to see that number. And the last thing to do -- and this is really where the work is -- is after factoring the difference between the current build-out scenario and the newly proposed capacity population based on this roadway system, develop the necessary alternatives to reconcile the differences. That's a general way of saying find the solutions. And I think that is where, with the reduction in density, potential reductions in density, maybe two flyovers instead of 19. That's where we find the middle ground. That is a roadway system that will handle a reasonable population, that aesthetically does not conflict with the character and the quality of this community, but does not limit, remove or eliminate the private property rights that I think the five of us up here continue to stress as a very important part of being a citizen of the United States, much less of Collier County. That's it kind of in a nutshell. And I think what it's going to do is, it's going to put this Board in a position no other Board has voluntarily put themselves in, and that is making some decisions that are going to make a lot of people unhappy, but give a great deal of comfort to everyone in the end, and that is to ultimately define where this community is going. Because every time we look at the 2020 build-out or 2020 financially feasible, when we look at the build-out scenario, we all get big eyes, we shirk, our constituents are upset about it; yet we continue to change the course a small amount at a time without ever changing the end product. And I think we have to look more comprehensively at that end product and redefine it, and make sure we can get there. And, you know, initially, this seems like an absolute threat to development. Whether it is or isn't is to be seen and that's in how we handle it. But it seems to me the most logical course of action is to look at the one thing that restricts you the most, and use that to make your decisions from that point forward, to ensure you don't get an undesirable situation. Commissioner Berry? COHMISSIONER BERRY: I just have a couple of questions, Mr. Chairman. One happens to deal with my particular area. When you're talking about this, are you talking mainly within the urban area of the roadway system, or are you talking about all of Collier County? CHAIRMAN HANCOCK: I think it's a two step approach, because you can't -- just because you draw an urban line doesn't mean the people who live one mile on one side of it don't use the roadways on the other side. COHHISSIONER BERRY: Okay, that's precisely my point. And I have to use the example of Golden Gate Estates, the area east of 951, which is a huge area, as all of you are well aware. But you have a road system out there that is not adequate for the number of people that are now building out in that particular area. Two roadways of concern, of course, one is Golden Gate Boulevard and the other one is White, which are two of the major areas that bring the people out of the Estates in towards the City of Naples. You go out there any morning at 7 o'clock in the morning, you observe the traffic coming in off of those roadways, when it was dark out it was a solid line of light. You can't, the people that live out there cannot get on to those roadways conveniently. I mean, it's not a matter -- they have to judge their time as to what is a convenient time for them to get out there and get on that roadway and be able to arrive at their place of work. So this is a concern, and I was concerned that you were only going to look at the roadways within the urban area, because I think when you start looking, you've got to look beyond that. And this is a primary concern of mine right now, because not only the Estates, I mean, that is already zoned. But go on out into the Orangetree area, and now you're going to be impacting a major roadway, which is the Immokalee Road corridor, which is an area, you know, that I have to deal with out there, as well. And there's a lot going on out in that area. And until we take all of that into consideration, I just -- I need to know how this is all going to play out. But another effect, too, when we start looking at this, how does this affect the total economics in Collier County? CHAIRMAN HANCOCK: That's an important part of what we have to look at. The way this works is, if you begin using a traffic model, traffic models are such that you plug in a greater number of users of the roadway in a given area and it shows dispersion, and it moves throughout. We may find that the county is best served by residential densities that are zones. Some zones may be able to handle 40 units an acre because the roadways that immediately serve that area are sufficient, while others may be in three units an acre, or two units an acre, or one unit per five acres, or one per ten. The bottom line is, it forces us to look not just at the urban area, but county-wide at the deficiencies that are there, and identifies the difference between an unattractive decision, to create a roadway that is detrimental to the community, and the other options available to us. And I think to date, we haven't really had those options presented to us and, but I mean, we're not requesting them. I'm not putting that strictly on Planning's shoulders. But I think what has happened is in the past, everyone sees where we're going and nobody really likes it, but for now, everything's okay. So that decision hasn't really been forced upon this Board. I think it's important enough, and we have the smarts enough on this Board and a talented enough staff, to begin handling those tough questions and stop putting them off for future Boards. COHMISSIONER BERRY: Where do we go from here? CHAIRMAN HANCOCK: Well, let me -- I have my idea, but that's only mine. Commissioner Constantine? COHMISSIONER CONSTANTINE: Well, I like where you're headed, because the crux of my density issue is that it gives us a finite cap. You know there's a number you can't go over. And it give us a very real number to hang our hat on, as far as lowering the ultimate population. But by combining that with what you're saying as far as dealing with the infrastructure, I think it addresses those concerns. I've had a couple of business people approach me concerned that they acknowledge that you can lower the population number by lowering densities, but does that spread it out and does it cause a greater impact on the infrastructure. So I think if you do a combination there, and you look at, okay, what's the manner in which you handle that, and as you say, you may end up with different zones. I think that's very good. COHMISSIONER HAC'KIE: Mr. Chairman? CHAIRMAN HANCOCK: Yes, Commissioner Hac'Kie? COHMISSIONER HAC'KIE: I think that what has happened here is the two of you have said the same thing, and they dovetail together really perfectly, in that Commissioner Constantine's white paper is step three of Commissioner Hancock's white paper. COHMISSIONER CONSTANTINE: Hine's on yellow paper. COHMISSIONER HAC'KIE: In other words, what we need to do is what we've talked about, and that is, I don't think anybody's arguing that the roadway system is the most restrictive infrastructure element, and then look at what are we willing to do to our community by way of asphalt, what are we willing to build as a road system, and determine what its capacity is, and that will give us Commissioner Constantine's very good maximum number. COHMISSIONER CONSTANTINE: It's interesting because the things, like you mentioned flyovers, and I had said to you before today's meeting I was up in Lee County and for the new bridge going to Cape Coral they've got flyovers on the way, and it works effectively. It's not very attractive if you're driving on 41. I was just going back through the Plummet report, and by doing this, those are some of the things that we can ultimately avoid. And I have just a little checklist here. It can avoid proposed land increases in ten of our major roadways. It adopts some of those overpasses that are suggested; it loses one of the 1-75 interchanges that would ultimately be at Vanderbilt. The great thing is our long-term plan shows not one more, but two more Gordon River bridges. And if you thin down the population, you get rid of one of those. The conversion into expressways for Golden Gate Parkway or 951 or Livingston or any of those, all go away. So I think the two do very clearly go hand in hand. CHAIRMAN HANCOCK: I guess the question is -- and I'm sure we have speakers on this -- but the order in which we move ahead, because, as you mentioned, two years ago, we began talking about this and I think part of the frustrations, I've talked to our staff about this, is that we as a Board have kind of been giving them pieces. And we say well, look at this piece and tell us what this piece does, and look at that piece and tell us what that does. And to the, I guess to the merit of this Board, at least we've gone that far. But what it does is, it changes the immediate course, but not the long-term picture terribly. So I don't want to be counter to what you're suggesting, but I think the two dovetail nicely. It just means that a density reduction today probably is a little premature without knowing the larger picture. COHMISSIONER CONSTANTINE: No, no, and I agree with you wholeheartedly. I don't think October 28, 1997, we're going to lower density. But I do think we need to give -- I think we're all saying the same thing -- we need to give very specific directions, so that we don't find ourselves two years from now still talking about something that seems like a neat idea. We can find ourselves six months from now having made the change. CHAIRMAN HANCOCK: I have met with the staff on this concept before today, on two or three separate occasions. Everyone recognizes that what I have proposed is not perfect, but represents a logical course. COMMISSIONER CONSTANTINE: I always thought it was perfect. CHAIRMAN HANCOCK: Which, mine or the secretary's? COMMISSIONER CONSTANTINE: Both. CHAIRMAN HANCOCK: Okay. It does represent at least a course that I think gives us the answers to some very uncomfortable questions. And we're just going to have to come to that decision, because if we don't do it, we'll pass it along to the next Board. And as a couple of residents in one of the communities in my district mentioned to me a couple weeks ago, they are worried somehow we're going to kill the goose that laid the golden egg. In other words, what it was that created the character and quality of this community gets destroyed because we make little decisions that cumulatively represent an adverse impact. And I think that's where we're slowly heading, and we've got to change that course, but we've got to do it in a reasonable, legally defensible manner, and I think this is the easiest way to go there. What I have talked about has probably scared Mr. Weigel and Ms. Student to death, but I think there are some Supreme Court cases that supoft us, and I cited one in my correspondence about Petaluma, California in 1976. So even though we have some things locally, such as the Bert Harris Private Property Rights Act, that presents problems for existing zoning, I think we have some Supreme Court decisions that give us the ability to the look beyond the Private Property Rights Act and see if maybe there are other options available to us to effect even existing zoning. COMMISSIONER MAC'KIE: I think we have to. And I don't know if the appropriate action, and maybe Mr. Weigel or somebody could tell us, but I'd like to do something very definitive today, and what I'd like to propose is that -- and maybe a motion is appropriate, and unless somebody corrects me, I'm going to make a motion -- that we adopt the four point plan outlined in Commissioner Hancock's memo, acknowledging that the third step incorporates Commissioner Constantine's goal, that that will be our ultimate build-out number, and that we're going to bite that bullet. COMMISSIONER CONSTANTINE: Yes. I guess I'm having a little trouble seeing how determining the vehicular capacity is there. I guess that's the population part of that. CHAIRMAN HANCOCK: I think Commissioner Constantine's proposal actually falls into step four, because you have to determine solutions. When you determine what our dream roadway network will serve, that number is going to be so low comparatively, that we're going to have a lot -- COMMISSIONER MAC'KIE: I'm sorry. CHAIRMAN HANCOCK: -- of legal issues to face. So I think the -- COMMISSIONER MAC'KIE: You're right. CHAIRMAN HANCOCK: -- specific density reductions that Commissioner Constantine has proposed fall into the solutions developed in step four. And that's where what has been proposed becomes one element of our consideration; the others may be two flyovers here, or whatnot. Does that make more sense? COHMISSIONER CONSTANTINE: Yeah, absolutely. Do we have -- we have general consensus, it appeared from our earlier conversation with Ms. Cacchione that there really aren't circumstances where we're looking at increasing densities. MS. CACCHIONE: A net increase, no. COHMISSIONER NORRIS: I think we made that clear. COHMISSIONER HAC'KIE: Mr. Arnold, if we passed a motion similar to what I proposed, does that give you some direction and at that point you could come back. Well, frankly, in my motion, I'd like to skip step one and let's acknowledge that the future roadway system is the most restrictive element, and direct staff to begin with step two and work through those four steps. Will you know what to do at that point? Will we have been perfectly clear? MR. ARNOLD: I think the direction is clear. I would just like to reserve the opportunity to come back to you once I've met with some of our HPO staff and we look at our work program, as well as some contractual dollars we have. So that if I need to come back to make some budgetary adjustments in our building fund, or with the HPO budget or something, that I can accommodate the end result we're looking for. And I'm going to assume that members of the technical working group and others in the community might willingly be a part of this and lend some service to us, as well. COHMISSIONER CONSTANTINE: I just need clarification on one thing. You had said no net increase and I don't really want to see increase in some areas and decrease in others. If we decrease some areas, great. But I'd hate to see us increase them anywhere. COHMISSIONER HAC'KIE: I guess all I don't know yet is about some particular infill parcel that may be in the three that should be four, or you know. I just don't know. CHAIRMAN HANCOCK: I think we recognized that there can't be a net increase. We've already realized we can't handle the potential build-out anyway. COHMISSIONER HAC'KIE: We want a net decrease. CHAIRMAN HANCOCK: As much as -- I'll be honest with you folks. I'm flattered that there's even been a motion made giving direction to this, when my idea today was to start a thought process, not specifically give direction. COHMISSIONER NORRIS: We've had the thought process for awhile. COHMISSIONER HAC'KIE: We've thought about it for so long. CHAIRMAN HANCOCK: Okay. I guess I feel I've gotten a little bit ahead of our staff here, in that I put this together, and Mr. Cautero, you saw it yesterday for the first time. I think it's based on discussions we have had, but I don't think Mr. Fernandez has even seen it. COHMISSIONER CONSTANTINE: If it makes you feel any better, I've been talking to Vince for a couple months about it, so. CHAIRMAN HANCOCK: Okay. I just -- I would like -- I would like -- I appreciate the direction, but I would like it to include a report back from our staff on what it's going to take to accomplish this. COHHISSIONER HAC'KIE: Can we get that report within a month? MR. ARNOLD: Certainly. COHMISSIONER HAC'KIE: Then that's in my motion COHMISSIONER CONSTANTINE: Can we get it sooner than that? I mean, if -- COHMISSIONER HAC'KIE: Can we get it in two weeks? COHMISSIONER CONSTANTINE: -- the report is simply what's it going to take to accomplish this. CHAIRMAN HANCOCK: I would suggest that a month may be appropriate, because we're talking about something that we can start it today, but don't expect any answers in six months. This is a real comprehensive look. COHMISSIONER CONSTANTINE: I want to know what we are expecting then, because I don't want it to drift for another two years. I want to have some specific goals in mind, and if you say well, don't expect anything in six months, what are we expecting? CHAIRMAN HANCOCK: What I'm -- if you want to say a month. COHMISSIONER HAC'KIE: What I'm saying is, a report in a month that gives us a time line, tells us what the budgetary implications are, so that -- because we're going to have to fund this effort. We know that. And then it gives us a time line for when those reviews will be completed and when the recommendations -- as each step, when each step, we'll have a report. CHAIRMAN HANCOCK: And part of that is the County Attorney looking at the proposal to determine if there is no way in heck we can defend what we're doing in court, we need to know that. I would have a real problem with that, because I believe a community does have a right to determine its own destiny. But I need to know what case law either agrees with me or disagrees with me and I think that's a big part of that, and to have that in one or two weeks would be all but impossible, would be my guess. COHMISSIONER CONSTANTINE: I would just like to see us -- when we talk about what's it going to cost and all, I think it is a fairly -- for me, anyway, it's a high priority item and I'd like it to be one of the top priorities for our staff to be working on. So as long as it's people that are already salaried, there will be some additional expenses, but hopefully not a high cost. I don't mind if we have citizen input as part of this, by any means, but I hope we don't spend six months having yet another citizen review committee talking about the issue. Because we had the advisory board two years ago completely blow it off; we had your technical committee look at it for a few months. We've been through that process. So it just seems we ought to make it a high priority for staff; we ought to have a realistic time frame in which we get it back. I just don't want to -- yeah. COHMISSIONER NORRIS: A month is not acceptable. COHMISSIONER CONSTANTINE: No, no, no. I'm not talking about as far as just getting back the report on what's necessary, but I'm saying when will we have this back to actually take action on it. I'm just a little discouraged when I hear you say this isn't going to be something we're doing in six months. I would hope within six months we'd have some idea, okay, these are your options, where do you want to head. And we might not get to the final place, but we ought to be pretty darn close. COHMISSIONER HAC'KIE: That we would at least know the number that is the bottom line, and then we look for solutions to get there. CHAIRMAN HANCOCK: Yes, I agree, and I apologize if I misrepresented. What I was saying is that this type of process with the modeling involved, we may know the disparity, the difference between the two, per se, in that time frame, but I didn't want anyone to expect that 90 days from now, you know, we're going to have all the growth management problems solved in Collier County. COMMISSIONER MAC'KIE: But my motion is that within a month, staff come back to us with recommendations for implementation of steps two through four, with a specific time line and budgetary implications. COMHISSIONER BERRY: Well, I think, one step further, I think they need to take a look at this and I think there needs to be something there feasibility. Is this a logical -- I'm not saying it's not. Obviously, you've got a background in planning, Tim, so I recognize that, and I think what you've got here is an orderly progression. But I want to hear from the staff on do you think this is a feasible thing that we could accomplish here? At the same time, as I said, I want to know, too, the economics. There's a lot of factors that enter in in Collier County and I think we need to look at all of this. We've all heard about limiting the population. But don't forget, people who came here 10 years ago, their vision of what Collier County is or was at that time is different than the person who arrived last year. I mean, keep the perspective of what's out there. And don't lose sight of that, and don't, you know, don't get nervous about it. And I'm not one to go out here and cement and asphalt Collier County. But you've got to be careful, you've got to think through this. This is not something that you throw together and in six months, we want to have something that we can tell the world. I mean, yeah, I'm not excited about having a million people in Collier County, or anywhere close to that. But at the same time, let's proceed on a very logical progression here, and let's don't get, in our zest for trying to prove to the people that we're up here trying to limit growth, that we do something that's not the way it should be done. Whatever we do, let's do a good job with it, and make sure that we've got a good thought process in this whole works. I don't want to be out here spewing this stuff, and having the whole thing come down around my ears when I'm retired out here because this is something I voted on I thought was a great idea, and it sounded good, and it played well to the public. I'm not interested in that. I want to make sure that the decisions we make here are good, solid decisions with a lot of thought process put behind them. If that means it takes this staff six weeks to get it here, or two months, that's what I want, and I want the best thought process in doing that. CHAIRMAN HANCOCK: I don't think you'll find an ounce of disagreement with those statements. COMMISSIONER MAC'KIE: No. COMMISSIONER CONSTANTINE: No. CHAIRMAN HANCOCK: With that, there is a motion on the floor. COMMISSIONER CONSTANTINE: Can you clarify or repeat the motion for me? COHMISSIONER HAC'KIE: Uh-huh. The motion is that we direct staff to implement steps two through four in Commissioner Hancock's memo, with the recognition that step four dovetails with Commissioner Constantine's memo; and that we ask staff within a month to be back with a report telling us the budgetary implications and a specific time line for completion of steps two through four. CHAIRMAN HANCOCK: Okay. I think we need to understand also this is going to take a lot of time and dedication on our part when we get to the review, and so forth. I know we hate the word "workshop," but it may be most appropriate for us to have these discussions in a workshop scenario instead of board meeting, where we can be more open and free with how we address that. COHMISSIONER CONSTANTINE: Oh, yes. COHMISSIONER HAC'KIE: We have to do it. CHAIRMAN HANCOCK: So I make this statement as a part of this -- but we do have a motion on the floor. COHMISSIONER NORRIS: We have a second on the floor. CHAIRMAN HANCOCK: We have a second on the floor. Is there any discussion? Mr. Weigel, this is not something that was on the agenda, per se, and we're giving staff direction. Is there any requirement to go to public speakers on this? You don't have any registered, because you didn't know it was coming up. MR. WEIGEL: No, and there is no requirement. It's kind of curious that we're still in the middle of this agenda item. But this is an aside and you may do so. CHAIRMAN HANCOCK: I think it's related to but not -- MR. WEIGEL: Yes. CHAIRMAN HANCOCK: Okay. Interesting. COHMISSIONER HAC'KIE: Do you want to ask if anybody wants to speak, just for, at least for a good record, if there's anybody. CHAIRMAN HANCOCK: Are there members of the audience that would like to speak on this particular item? COHMISSIONER HAC'KIE: One brave soul. MR. DUANE: Good evening. For the record, Robert Duane. The EDC Chamber Coalition does have a letter in front of you. Some of us have not seen the white papers. I would suggest that a workshop, while I know that could be a buzzword sometimes, but if this is as important an issue as I think that we all agree it is, I think taking a week or so and formally advertising the item, until we can have some more public input, I would like to proceed on that basis or at least have you consider that today. Thank you, Mr. Chairman. CHAIRMAN HANCOCK: Thank you, Mr. Duane. COHMISSIONER CONSTANTINE: I would assume that when we have staff come back -- COHMISSIONER HAC'KIE: People will show up. COHMISSIONER CONSTANTINE: It would be a wonderful opportunity for the public to be very active. CHAIRMAN HANCOCK: I think at that time we can set any type of workshop schedule we can deem appropriate, and move from there. This is a work in progress, folks, but getting started is more important than anything right now to me. So we have a motion and second on the floor. Is there any further discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five-zero. MR. WEIGEL: Reminder that you need to take final action on the Comprehensive Plan. CHAIRMAN HANCOCK: Okay. And for those members of the public, I've got just in my hand four or five copies of what I put together, and of course, if you need additional copies, request them of my office and they will be made available to you as public record. We do have to take final action on the elements of the Growth Management Plan that are a response to your base report. Is there anything specific this motion needs to contain other than aggregate motion of action taken? COMMISSIONER NORRIS: This is a motion to transmit, isn't it? CHAIRMAN HANCOCK: Correct. COMMISSIONER NORRIS: Adopt and transmit? MS. STUDENT: It would be a motion to adopt your base 1997 Comprehensive Plan Amendment COMMISSIONER NORRIS: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion on the motion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five-zero. COMMISSIONER MAC'KIE: Hey, the afternoon agenda. Item #12C1 RES. 97-407, RE PETITION AV-97-019, VACATING A PORTION OF A 15' WIDE DRAINAGE EASEMENT ON LOT 11, BLOCK C, FLAMINGO ESTATES - ADOPTED CHAIRMAN HANCOCK: We're all the way up to item 12.C(1), Petition AV 97-019, a request to vacate a portion of a 15-foot wide drainage easement on Lot 11, Block C, Flamingo Estates. Mr. Mullet, good afternoon. MR. HULLER: Good afternoon. Yes, item 12.C(1) is a public hearing to consider Petition AV 97 for a vacation of a portion of a drainage easement in Flamingo -- COHMISSIONER NORRIS: Is this a vanilla proposal? MR. HULLER: I would say it's a no-brainer with the exception that the Petitioner is requesting a waiver of a portion of the filing fee, from $1,000 to $300, based on the complexity or the lack of complexity of the application. CHAIRMAN HANCOCK: Would you deem that to be consistent with the level of review required by your office? MR. HULLER: We would like for the filing fee to be consistent. COHMISSIONER NORRIS: I think that's better, too. CHAIRMAN HANCOCK: Agreed. I think that sets a tough precedent, and you all of a sudden have to start gauging how much work it's going to cost you to do it, and we've set it as an average in the past because some were lower. We can't charge somebody 1300 if we spend more time on it, can we? MR. HULLER: I wish we could. CHAIRMAN HANCOCK: No. I think that's an average, and I would agree with that. Are there registered public speakers on this? MR. WEIGEL: No, there are none. CHAIRMAN HANCOCK: Seeing none, Iwll close the hearing. Is there a motion? COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Motion and second. And that motion to approve does not include a -- or includes a $1,000 Petition to Vacate filing fee? COMMISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five-zero. MR. MULLER: Thank you. COMMISSIONER CONSTANTINE: ANd Mr. Mullet, once again, impressing me with the necktie. CHAIRMAN HANCOCK: King of the brief presentations. Item #12C2 ORD. 97-68, AMENDING ORDINACE 90-105, THE COLLIER COUNTY CONTRACTOR'S LICENSING BOARD ORDINANCE - ADOPTED Item 12.C(2), recommendation to the Board of County Commissioners to adopt an ordinance amending Ordinance 90-105, Collier County Contractors' Licensing Board Ordinance. Who do we have on this fine item? MR. PALMER: Commissioners, Tom Palmet, Assistant County Attorney. I think this item is explained in the Executive Summary. The vast majority of the changes in this ordinance are discretionary. Several are mandated by recent amendments to Florida Statutes. I can answer any questions you might have. It's been before several boards, all the affected trades acquiesce and it's not controversial. COMMISSIONER NORRIS: Acquiesced under severe pressure. CHAIRMAN HANCOCK: As the bamboo is sliding beneath their fingernails. Any questions of Mr. Palmet? Seeing none, do we have any speakers on this? MR. WEIGEL: No. CHAIRMAN HANCOCK: Close the hearing. Is there a motion? COMHISSIONER MAC'KIE: Motion to approve. COMHISSIONER NORRIS: Second. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Thank you. The next -- Mr. Palmet, thank you. The next four items, I think, were all similar, and on all those, separate motions can be taken on each. I think a joint hearing on the four would be appropriate. Does any staff or any member of the Board have a problem with that? COMHISSIONER NORRIS: No. COMHISSIONER MAC'KIE: No. COMMISSIONER CONSTANTINE: No. I have a question for Mr. Weigel, though. CHAIRMAN HANCOCK: Let me just announce the items. COMMISSIONER CONSTANTINE: Sure. Item #12C3 RES. 97-408 REGARDING PETITION SNR-97-6, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 2ND AVENUE S.W. TO MAHOGANY RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32 - ADOPTED CHAIRMAN HANCOCK: Items 12.C(3), (4), (5) and (6). These are petitions SNR 97-7, 97-7, 97-8 and 97-9 -- I'm sorry -- 97-6 was the first one. Go ahead, Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Weigel, I recently had a contract on some property on one of these streets. That contract fell through, the purchase is not moving forward. However, being ultra sensitive to accusations in press and otherwise, I want to make sure -- we'll continue to shop and we're shopping all over the county, not necessarily just on these streets. CHAIRMAN HANCOCK: Stay out of my district. COMMISSIONER CONSTANTINE: But I want to make sure, in your legal perspective, there is not a conflict of interest and perhaps you can also explain the requirement to vote on issues. MR. WEIGEL: Okay, thank you. Yes. Well, in regard to a conflict of interest or potential conflict of interest, it's guided by two sets of statutes. One is Chapter 112, particularly 112.313 and .314(3) of Florida Statutes, which indicates that there is an obligation of a commissioner or elected official in a voting capacity to vote, unless there is a conflict. Another statute, which is, oh, yes, 286.012, does provide that there is an obligation to vote pursuant to Chapter 112, the statutes I just mentioned. If there is a possibility of conflict, the elected official in a voting situation may opt out. So it comes up fielder's choice for you, that if you think there is a possibility of conflict, you may legally opt out. But if there is no relationship presently and no relationship anticipated, I think it's certainly within the province and appropriate for you to vote. CHAIRMAN HANCOCK: Commissioner Constantine, since the name changes are not anticipated to cause property values to skyrocket or plummet in the area you're looking in, I don't see any financial hardship. COMMISSIONER CONSTANTINE: Well, seeing whereas I have no property -- CHAIRMAN HANCOCK: Anyway -- COMMISSIONER CONSTANTINE: -- I have no offers on any property -- COMHISSIONER MAC'KIE: I may shop out there, you know. You never know. COMMISSIONER CONSTANTINE: Yes. I don't think it's a conflict, but I wanted to make sure that was very clear on the record. CHAIRMAN HANCOCK: Mr. Reischl, good afternoon. MR. REISCHL: Good afternoon, Commissioners. Fred Reischl, Planning Services. These four petitions are for street name changes within Unit 32 in Golden Gate Estates, the unit which you see -- COMHISSIONER NORRIS: Mr. Reischl, I think we're all familiar with this. COMMISSIONER MAC'KIE: We're familiar. MR. REISCHL: Okay. COMMISSIONER NORRIS: Has anything changed since we were supposed to hear this before? MR. REISCHL: We have three times verified the signatures, so they have met the 50 percent plus one of the property owners fronting on the street. COMHISSIONER NORRIS: Thank you. CHAIRMAN HANCOCK: As I say, Commissioner Constantine, you've been involved in this, I know, discussing with Mr. Reischl. Do you have anything additional? COMMISSIONER CONSTANTINE: Got a couple of letters. MR. REISCHL: Yes. We've received numerous letters, phone calls, personal visits, generally in favor, but we have received letters and phone calls in opposition. Based mainly, the primary concern would be that they don't want to change checks, letterheads, business cards, things like that. The second one would be opposed to the name Carrotwood on the one petition. COHMISSIONER CONSTANTINE: If we could only approve one street, that would be the one that would be approved. COHMISSIONER HAC'KIE: That's where you're going; you know it. COHMISSIONER CONSTANTINE: Yeah. Absolutely. I'm buying the whole darn street. CHAIRMAN HANCOCK: Champion of the Carrotwood. COHMISSIONER CONSTANTINE: Let me give you a couple of numbers here, as far as what we got in for phone calls and letters: 111 in favor, 24 opposed. I understand on a couple of the streets, at least, they have over 75 percent in favor; for signatures, all of them are over 50 percent. There are a few people fairly well heated up on the issue. But the one thing that -- you may have seen an article in the newspaper a couple of weeks back, and I've spoken with the fire chief out there. There was some concern about response. And his primary concern, and mine, too, when I first heard this is, there are numbered streets below, there are numbered streets above, and we don't want to do a hodgepodge of pick and choose where the names are going to be. But we've got pretty much equal indication from the streets to the north, the four streets directly north of this, that they'd like to do some sort of name, as well. So then you'd have the whole strip from Pine Ridge to Vanderbilt who will have names, and those obviously will be a separate petition. But Chief Peterson of the fire department said that would actually be his preference. If we're going to change some, let's change all so there won't be confusion by having those numbers separated. CHAIRMAN HANCOCK: Okay. MR. REISCHL: And I also said I would mention that two members of the public were here in opposition and had to leave due to the hour. I said I would mention that they showed up and stayed from about nine until about an hour ago. CHAIRMAN HANCOCK: Okay. Let's go to public speakers. Mr. Fernandez? MR. FERNANDEZ: First is Sam Spounias and then Richard Parlante. MR. SPOUNIAS: Thank you, Mr. Chairman, members of the Board. My name is Sam Spounias, and I'm a homeowner on 2nd Avenue, S.W. I have a big speech prepared, but -- COHMISSIONER HAC'KIE: All that? MR. SPOUNIAS: No, just kidding. CHAIRMAN HANCOCK: Either you're a fast talker or you gave away an item at a time on this. MR. SPOUNIAS: Obviously, I'm in favor of the petition, and there are several people here also in favor of the petition. CHAIRMAN HANCOCK: Can I see a show of hands of those who are here to support the application? Let the record reflect seven hearty souls have endured. MR. SPOUNIAS: We don't -- we can -- we don't need to present the whole dog and pony show, if need be. CHAIRMAN HANCOCK: In fairness, let me ask for a show of hands of individuals here to speak against. Okay, we do have one gentleman. Let's go ahead and go through the public speakers, and I'll leave it to you as to whether or not you wish to speak. But I think we can see where some of the direction is coming from. MR. SPOUNIAS: Can we go directly to the opposing speaker? CHAIRMAN HANCOCK: Let's go ahead and call them in order as Mr. Fernandez has them, and if you wish to waive your right to speak by just saying you are here to support, that's fine, too. MR. SPOUNIAS: Can we make comments? CHAIRMAN HANCOCK: If you wish to speak, you can, yes. MR. SPOUNIAS: All right. We brought these petitions to create a community identity within Golden Gate Estates, just as Livingston Woods did about six years ago. Like Commissioner Constantine said, we have a majority of people, property owners that support the petitions, and I hope you will today, too. Thank you. CHAIRMAN HANCOCK: Thank you, sir. MR. FERNANDEZ: Richard Parlante and Dale Danford. MR. PARLANTE: Good afternoon, Mr. Chairman, commissioners. My name is Rick Parlante, I live at 5060-8th Avenue, S.W. in Naples. I'm speaking in favor of the petition presented here today to rename the streets A through 2nd in Unit 32, along with Commissioner Constantine's suggestion to take that through into Unit 95. I just want to spend a moment, I was actively involved in the petitioning process in the beginning, starting in Hay, and went door to door all over a period of two or three weeks. And generally, the consensus was from everyone that this was something long awaited. The community atmosphere, I think, has already started. There are some streets that already have gone ahead and on their own, purchased bicycle racks at the end of the streets; they've gone ahead and purchased and manufactured wooden street signs. So they've wanted this community atmosphere for quite some time. Being in real estate, I have dealt with the numbered streets for the last 11 years, and although I do understand the logistics and mechanics behind it, it has not been an easy thing to get across to the public. Boy, I did a count and currently, I think there are 15 number eights, there are 14 number sixes, there are 12 number fours, and God knows how many number twos. There is only one Central Avenue, there's only one Goodlette Road, and I can see where just in an identity neighborhood, it would be well worth having it done. I did interview some folks from Livingston Woods, and I actually have a letter here -- and I won't bother reading it -- but in the letter basically one homeowner said she would never sign the petition to rename the streets back to numbered ones. Thank you. COHMISSIONER HAC'KIE: I've been lost so many times. MR. FERNANDEZ: Dale Danford, and then George Schmelzle. MR. DANFORD: My name is Dale Danford. I'm a homeowner in Unit 32, where my wife and I have lived in retirement for the past 10 years, and I'm here to speak in favor of the name change. I feel that these petitions are about gaining a heightened sense of community. It's a natural outcome of past activities in our area, in such areas as Neighborhood Watch, neighborhood newsletters, neighborhood directories. I suggest that a strong sense of neighborhood or community is one step from a strong sense of family and involves such binding issues as pride in the place where we live. And I think surely this is a good thing for our county. Some have argued that Unit 32 is already part of the Golden Gate Estates community, and to that, I would reply that Golden Gate Estates is not a community; it's a 172 square mile geographic territory. I think Commissioner Berry made reference to the vastness of this area that we're talking about here, and it's not too conducive to neighborhood identity. I'd like to make just a few summary statements on the initiative. It's identical with past street name changes that were approved in Golden Gate Estates such as those in Livingston Woods. It has no environmental impact. It has no growth management impact. It has minimal fiscal impact, mainly street sign changes, and the citizens in the area will cover those if that should become an issue. It is supported by your staff in the Executive Summary, and most importantly, is supported by over 70 percent of the residents in Unit 32, while only 50 percent plus one was required. I therefore urge the commission to approve. Thank you. CHAIRMAN HANCOCK: Thank you, sir. MR. FERNANDEZ: George Schmelzle and then Laura Burkhardt. CHAIRMAN HANCOCK: Schmelzle? Okay. Ms. Burkhardt? COMHISSIONER MAC'KIE: They left. CHAIRMAN HANCOCK: Next? MR. FERNANDEZ: That's all I have, Mr. Chairman. CHAIRMAN HANCOCK: Who's the gentleman -- COMHISSIONER NORRIS: Oh, he didn't turn his slip in. Come on up, sir, and give him your slip. CHAIRMAN HANCOCK: Go ahead. MR. FINN: For the record, I'm Bob Finn. I live on 4th Avenue, S.W. The reason why I didn't turn in my slip, I went home, took a shower, and I forgot it. (Laughter.) I think I speak for a lot of the people on my street, and a lot of them did not like the name Carrotwood. We'd like a second chance, if it's going to be changed, to change that name. And I also, I really don't agree with the street name changes. I don't think it's really going to do anything for, you know, the public finding the area. I like Logan Woods, I like the name Logan Woods. I think that would make it more prestigious, but I don't see why we would have to change the names. I think it should have been handled as two different issues. I think the petition, when it first came out, was not handled correctly. I think it should have been, do you like the name Logan Woods as one issue, and do you like the street name changes. I even talked to some people that approved of it and they say, well, I like Logan Woods and I don't like the street name change. But they signed it because of the Logan Woods thing. I think it should be re-petitioned, you know, as two different issues. Pretty much -- I'm not really a speaker. The person that was here that was going to do the speaking had to get home, but she handed me her notes here. And again, the fire chief did mention it's not a good idea to change it, because I don't know, the way they have it grouped, the area. Then again, it was mentioned about Livingston Woods. They had a definite reason to change their name because there were duplicate number addresses. I don't know the gentleman that spoke here said that there were two Sixth Avenues, or whatever. I don't know if there are two Fourth Avenue Southwests, you know. But he said Sixth Avenue, he didn't say Sixth Avenue Southwest or Northwest. I don't know if that's justified. CHAIRMAN HANCOCK: I think he was just saying -- I'm up here, sir -- whether it's northwest or southwest, there's just like a dozen that are named sixth, and it can be confusing. I think that was his point, not that it's necessarily duplicative. MR. FINN: Right. And again, if it's called Logan Woods, I think it would be easy to find the street. Logan Boulevard's only what, a couple miles long. If you told someone I live off Logan Boulevard, I think they could find your street, if it's a number or a name. I just wanted to get up here, and I thank you for your time. CHAIRMAN HANCOCK: Thank you. Mr. Reischl, what was the percentage of petitions signed in favor of this on the proposed Carrotwood, which was 4th Avenue S.W.? MR. REISCHL: Carrotwood, we had 28 signatures out of 53 property owners fronting on the road. CHAIRMAN HANCOCK: Okay, so it was just over the 50 percent? MR. REISCHL: Yes. CHAIRMAN HANCOCK: Okay. COHMISSIONER CONSTANTINE: We -- I had my office -- I had some of the concerns Mr. Finn has talked about as far as the petitioning process. My office contacted literally every single property owner in the area, and that's where a lot of those letters I put up were generated. I had some fairly serious concerns when we started this, and it's important to note they were concerns I shared with the fire chief and with a couple of staff members, as far as that we didn't end up with a hodgepodge of streets randomly named in between numbered streets. And the concern isn't just these four streets. We're looking at the big picture of what happens in other areas that are zoned estates, both on the west side and the east side of 951. That was one of the reasons the fire chief had said, if you are going to change them, I would prefer you change all eight, as opposed to just four. So I think if it does pass, a petition will come forward for the other four, as well. But more importantly, we are actually working with a couple folks out in that area and are working with staff on establishing some methodology, so that we don't end up with a random hodgepodge of named streets in between numbered streets in other locations. CHAIRMAN HANCOCK: Thank you, sir. COHMISSIONER HAC'KIE: I've -- I'm sorry. CHAIRMAN HANCOCK: With that, do we have any more speakers? MR. FERNANDEZ: No other speakers, Mr. Chairman. CHAIRMAN HANCOCK: Okay. Close the hearing. Is there a direction or motion from the Board? COHMISSIONER NORRIS: Did you close the public hearing? CHAIRMAN HANCOCK: I just -- I'm sorry, I did. COHMISSIONER NORRIS: Oh, you did? CHAIRMAN HANCOCK: I did it quietly, so you couldn't hear it just to mess with you. COHMISSIONER NORRIS: I'll make a motion that we approve Petition SNR 97-6. COHMISSIONER HAC'KIE: Just a question on the motion, because I definitely support this idea. But I do want to be sure we take into consideration the fire issue. Should we make it a condition that the other streets petition within, you know, three months or something? COHMISSIONER CONSTANTINE: Actually, I'm working with the area to bring that forward myself, so it won't even have to be a petition. COHMISSIONER HAC'KIE: Okay. So you know it's going to happen. Thank you. CHAIRMAN HANCOCK: We have a motion to approve SNR 97-6. Is there a second? COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five-zero. COMMISSIONER BERRY: Mr. Chairman, can I ask a question, though, just for -- CHAIRMAN HANCOCK: Yes, ma'am. COMMISSIONER BERRY: Just for information, how are all the legal documents changed on the properties now, with this new designation of a street name? Is there anything on any legal documents that this affects in terms of the Government Center? MR. REISCHL: I'm not on attorney, but I think the -- CHAIRMAN HANCOCK: But I play one on TV. MR. REISCHL: No, not even that. COMMISSIONER MAC'KIE: They have a tax ID number that's the magic number for counties. MR. REISCHL: Right, but I think you mean like zoning maps and things like that? COMMISSIONER BERRY: Yes. MR. REISCHL: Yes. Those all have to be changed, including the street signs. Those would be the fiscal impact. COMMISSIONER CONSTANTINE: I have one question. Commissioner Norris has made that motion that now is passed. But one of the residents had mentioned, and they mentioned this to me in the past, that it's not a big expense. I think it's 800 bucks to change the signs for all those streets, but that they'd pick up the tab on that. We may want to take advantage of their offer. COMMISSIONER NORRIS: Well, you know, we've already moved on it. CHAIRMAN HANCOCK: We have, we've already moved on it. COMMISSIONER BERRY: I just was curious as to how that's dealt with. That's all. CHAIRMAN HANCOCK: It's a good question, because I think we update the zoning maps every year anyway, because we have new developments coming on line that we have to add. MR. REISCHL: They are updated as each zoning action occurs. CHAIRMAN HANCOCK: Okay. To be honest, it's $800. But you know what, to have consistent signage that meets county standards is probably as important as anything else. COMMISSIONER CONSTANTINE: We can do that. CHAIRMAN HANCOCK: I appreciate the offer by the residents, but I think to make sure fire and safety get there, fire and police get there in time, we'd rather have consistent signage. Item #12C4 RES. 97-409 REGARDING PETITION SNR-97-7, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 4TH AVENUE S.W. TO CARROTWOOD ROAD LOCATED IN GOLDEN GATE ESTATES UNIT 32 - ADOPTED COMMISSIONER NORRIS: Mr. Chairman, I'll make a motion that we approve SNR 97-7. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion on the motion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Okay, the controversial Carrotwood just went. Item #12C5 RES. 97-410 REGARDING PETITION SNR-97-8, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 6TH AVENUE S.W. TO TAMARIND RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32 - ADOPTED Next. SNR 97-8, is there a motion? COHMISSIONER BERRY: Move approval. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) COHMISSIONER CONSTANTINE: Who came up with that name, is my only question. CHAIRMAN HANCOCK: Motion carries five-zero. Item #12C6 RES. 97-411 REGARDING PETITION SNR-97-9, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 8TH AVENUE S.W. TO SYCAMORE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32 AND 34 - ADOPTED Petition SNR 97-9. COHMISSIONER HAC'KIE: Motion to approve. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: That was a lengthy process, ladies and gentlemen, but thank you for all your efforts. COHMISSIONER NORRIS: Why did you guys come so early, anyway? COMMISSIONER MAC'KIE: Oh, gosh. CHAIRMAN HANCOCK: Enjoy the hour or two you have before bed, folks. Item #12C7 BAR 97-5, APPROVING AMENDMENTS TO THE FISCAL YEAR 1996-97 BUDGET - ADOPTED Item 12.C(7), recommendation to adopt a resolution approving amendments to the fiscal year 1996-97 Adopted Budgets, which we've seen already in detail individually. COMHISSIONER MAC'KIE: Right. COMMISSIONER CONSTANTINE: All these items have been approved on their own merit, correct? CHAIRMAN HANCOCK: That's correct. COMHISSIONER MAC'KIE: Yes. COMMISSIONER CONSTANTINE: Want to close the public hearing? CHAIRMAN HANCOCK: Close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve the item. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Seeing none, Mr. Smykowski, an excellent presentation. MR. SMYKOWSKI: Thank you, sir. CHAIRMAN HANCOCK: You are always the picture of efficiency. MR. SMYKOWSKI: So much for my verbosity. (Laughter.) Item #13A1 PETITION NO. CU 97-19, HR. HICHAEL K. CORRADI REQUESTING CONDITIONAL USE TO ALLOW FOR A FORTUNE TELLER, PALM READER, ASTROLOGER AND SPIRITUAL COUNSELOR, TO BE LOCATED AT 10401 TAMIAMI TRAIL NORTH IN NAPLES PARK SUBDIVISION - DENIED CHAIRMAN HANCOCK: We are into our advertised public hearings item 13.A(1) is -- COHMISSIONER HAC'KIE: Need to swear? CHAIRMAN HANCOCK: Yeah. That's a conditional use petition which is quasi-judicial and must have all speakers sworn in. So members of our staff, the petitioner, and any members of the public wishing to speak on this item, please stand and raise your right hand. Madam Court Reporter, would you please swear them in? (All speakers were sworn.) MR. BADAMTCHIAN: Good afternoon, commissioners. Chahram Badamtchian from Planning Services. Mr. Michael Corradi is requesting Conditional Use 1 of the C-3 zoning district for a fortune teller, palm reader, astrologer and spiritual counselor business to be located at 1041 Tamiami Trail North. COHMISSIONER CONSTANTINE: I wonder how the fortune teller predicted how this hearing would turn out. (Laughter.) CHAIRMAN HANCOCK: I don't know. Is he or she here? That might be a sign. I'm sorry, it's late in the day and this item is just going to get hammered with jokes. Go ahead, Mr. Badamtchian. MR. BADAMTCHIAN: The Planning Commission reviewed this petition and by a vote of six-one recommended approval of the petition. Staff also recommended approval. Staff has not received any letters in opposition. I only met with one lady who represents a homeowners' association, I believe, who is here today to make her case. CHAIRMAN HANCOCK: This is a -- if my memory serves me correct -- this is a building that is fairly old. It's one of the old strip type buildings and it sits fairly close to the roadway and -- no offense intended to anyone, but -- not in very good condition. Is that a fair recollection? MR. BADAMTCHIAN: That's the one. CHAIRMAN HANCOCK: Questions of Mr. Badamtchian? Seeing none, let's go to -- do we have a petitioner on this matter or an applicant? Sir? MR. CORRADI: Good day, my name is Michael Corradi. I'm the property owner there. I bought the property three years ago and I moved down to Collier County, and it's been a dream of mine to eventually develop the property. And you said it wasn't in good condition when I bought it from the gentleman who bought it 20 years ago. He's ran it down considerably. Every month for the past three years, I spent out of my pocket every month trying to hold on to this dream. And I have a tenant that wants to move in there. He's been in business here for 15 years and I went to his establishment, and I went to some people in town and he's ran his business with no problems, no citations for 15 years. CHAIRMAN HANCOCK: Where was he located? MR. CORRADI: He's located right here on, almost right across the street from here. MR. BADAMTCHIAN: Airport Road, right across the street from Scotty's. There's a big sign. MR. CORRADI: And he was in business there five years ago and they're looking to branch out. So it's a way for me where I can keep the building up, keep the payments coming in and actually make it look a lot better than it did from the previous owner, which I think I have. The previous owner only had one tenant in there. I now can have three in there, which can bring in a little more income. I've painted the outside of the building. I've sealed it. I'm trying to keep it as nice as I can with the income coming in and this just makes it a little bit nicer. CHAIRMAN HANCOCK: Okay. MR. CORRADI: That's all I'm trying to do. CHAIRMAN HANCOCK: Any questions for the petitioner? Seeing none, thank you, sir. Speaker? MR. FERNANDEZ: We have one speaker, Mr. Chairman. Vera Fitzgerald. MS. FITZGERALD: Hi. I'm Vera Fitzgerald. I just have a problem with this because the word "sleaze" keeps jumping into my mind when I think about fortune tellers and Tarot cards and stuff like that. I can understand the petitioner's desire to have a tenant who pays the bills and stuff like that. But this kind of thing, I'd like to see it in a circus where it folds and goes. You wouldn't see it in downtown Naples; you're not going to see it on Fifth Avenue; you're not going to see it on Third Street. And you've got to ask yourself, would you like to have it two lots down from your home? They say it's no impact on the neighborhood. It's just when people arrive here, one of the first things they see, if they are coming down 41, the first part of Naples they see is that strip running along 41, and it has been pretty ugly for a number of years. But now it's beginning to get rather upscale, and we've got some really nice-looking, new buildings there, and the whole area is changing. This is definitely not a change for the better. This is a change for the worse. And we discussed this at the property owners' meeting and I've discussed it since with a number of people who live in Naples Park, and none of us want to see this. It's nothing against the guy who owns the property. It's just that this isn't the type of business we really want to see. As we're going out of our community, we don't want to see this great big red palm. Sorry. To me, it's so fraudulent, it's ridiculous. So we are against it. Thank you. CHAIRMAN HANCOCK: Thank you, Mrs. Fitzgerald. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: Just, I guess, for staff. I am -- I can't see how this conditional use can be compatible with adjacent properties or other properties in the district, because it just seems common sense that it's not compatible with a residential neighborhood in that close proximity. COHMISSIONER CONSTANTINE: Can I ask how -- what's the -- and I'll use just kind of an extreme example, but there was a petition two or three years ago for a truck stop. Somebody got up and said they didn't want the truck stop nearby, not because they don't like truckers and people coming in to dine, but truck stops generally have prostitution. And that was their logic, and you can agree with it or not, but that was their logic. And I'm wondering, what is the perceived offensive part of this? I mean, setting aside the moral side or whether you like that or not, I'm looking at from a land use perspective, what is the concern there? COMMISSIONER MAC'KIE: I guess my answer to that is that being adjacent to a residential neighborhood, it's impossible to set aside the moral issue. COMMISSIONER NORRIS: What is the moral issue? Yes, that's what he's asking for. COMMISSIONER MAC'KIE: What is the moral issue? COMMISSIONER CONSTANTINE: Just what do you perceive as the problem? COMMISSIONER MAC'KIE: What do I -- this is a hard question to answer. It's sort of like if we had something that -- a witchcraft shop, would you think that's okay, adjacent to a residential neighborhood? I think this is akin to that kind of use, and that that's not appropriate next to a residential neighborhood. CHAIRMAN HANCOCK: My concern is in that area, as Vera mentioned, we'd like to see them upgrade it. And I had discussions, I believe, with Mr. Corradi when the drainage system was going in, and we discussed a lot of the financial difficulty he's been having. On the one hand, I am excited about having somebody coming in that can give you revenue, that will see that building be improved. But I would want to know specifically what those are. Unfortunately, I can't tie that into this decision. I can't tie those building improvements, per se, into this decision on the conditional use. If it were a PUD or a new zoning, we might be able to do that. So I -- COMHISSIONER CONSTANTINE: Well, but if Mr. Corradi volunteered some information on the record, unprompted by you, there wouldn't be a problem with that. CHAIRMAN HANCOCK: That's true. Does this need four votes, Mr. Weigel? MR. WEIGEL: Yes, it does. COMHISSIONER CONSTANTINE: The problem I have and why I ask, I'm not trying to be difficult, Commissioner Mac'Kie. Why I asked is I don't particularly like the red palm sign down here, either. But signage aside, if it is operating a business in Collier County directly adjacent to a residential area now, and there has been no record of problem, I'm looking for something to hang onto. If there's an objection, I need something there finite to hold onto as to what that objection is. COMHISSIONER MAC'KIE: I think the best, the most tactful way I can say it is, although there is a whole lot of innocent use of Tarot and palm reading, and that kind of stuff, it also is tied to the occult, and I don't think we want to encourage the occult to have a place of business this close to a residential neighborhood. CHAIRMAN HANCOCK: I tell you what. I would like to hear from Mr. Corradi, if I haven't closed the public hearing at this point. Mr. Corradi, I had asked some specific questions about upgrading the property. Is there anything you can tell me about that? Because, you know, the occult or not, my problem is we're trying to upscale that area. COHMISSIONER CONSTANTINE: Nice shrubs outside the occult. MR. CORRADI: I live in old Naples, and my goal is to take the property and develop it one day. But, you know, one day -- it takes a long time and it's not, you just can't do something overnight. The property, as I bought it from the gentleman, he had two vacancies sitting there for 20 years and they were rotted through the floors, you know. I've gone in there and cleaned the building up, painted it, and fixed the outside parking lot. I maintain the property. I'm out there every single day. There's also -- there's another center -- I can't think of the name right now, which is next to the bowling alley -- that is also spiritual and they have cards. There's lot of people that go there. COHMISSIONER HAC'KIE: I know. MR. CORRADI: Okay. You can get massage there, there's spiritual books there. I understand what you're saying, and as a landlord, I want that area to come up, too. There's -- at 105th, they've got 15, 20 people living in one house. That's as detrimental to the area as anything. But on my property specifically, I'm there every day. And in the lease, too, just to state, in the lease, if this isn't run the way I want to see it be run, they'll leave. I mean, if you have concerns, I have concerns, too, and I'm not going to let my property be ran down. It's a tenant that I have came here and talked to the Sheriff, I've checked on their background. They've been in business for 15 years here and have had no records of doing anything but conducting their business in a proper manner. And I did my background research on him and he seemed to be a very nice guy and a nice family. CHAIRMAN HANCOCK: Thank you, Mr. Corradi. COHMISSIONER NORRIS: One of our speakers, Mr. Chairman, mentioned that you wouldn't see this type of business down on 5th Avenue. But actually, there are several businesses on 5th Avenue that are involved in predicting the future. You have Smith-Barney, Legg Mason. (Laughter.) CHAIRMAN HANCOCK: Okay. I'm going to close the public hearing. COHMISSIONER NORRIS: Good. Mr. Chairman, I'll make a motion to approve, just to see where it goes. COHMISSIONER CONSTANTINE: I'll second that. CHAIRMAN HANCOCK: Motion and second. All those in favor, signify by saying aye. COHMISSIONER NORRIS: Aye. COHMISSIONER CONSTANTINE: Aye. COHMISSIONER BERRY: Aye. CHAIRMAN HANCOCK: Opposed? COHMISSIONER HAC'KIE: Aye. CHAIRMAN HANCOCK: Aye. Motion fails. Four affirmative votes needed on a conditional use petition. COHMISSIONER CONSTANTINE: Who voted against? CHAIRMAN HANCOCK: Myself and Commissioner Mac'Kie. My concern, it's just a neighborhood concern that the aesthetics, and so forth, are things that don't jibe with what is trying to be done in that area. I wish I could feel differently, Mr. Corradi, to be honest with you. I just don't. COHHISSIONER CONSTANTINE: Just out of curiosity, you said there are three units, the other two were in use now? MR. CORRADI: Yes. COHMISSIONER CONSTANTINE: What are those two uses? You need to come up to the microphone, just for the record. CHAIRMAN HANCOCK: Tony's Barber Shop, and the other one is -- MR. CORRADI: One's Tony's Barber Shop and the other one is Corinne's Barber Shop. She operated at the Registry hotel for nine years and just located her business there. COHMISSIONER CONSTANTINE: Thank you. MR. CORRADI: So you're denying it, I take it? CHAIRMAN HANCOCK: Yes, sir. MR. CORRADI: On it's not conducive to the area? CHAIRMAN HANCOCK: That's my personal opinion and then we have the occult at the end. So, yes, sir. Item #13A2 RES. 97-412 REGARDING PETITION NO. CU-97-18, WILLIAM L. HOOVER REPRESENTING MR. W. CHRISTIAN BUSK REQUESTING CONDITIONAL USE FOR RETAIL PLANT NURSERY FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD US-41 AND 500 FEET SOUTH OF THE COLLIER-LEE COUNTY LINE, IN SECTION 10 - ADOPTED Next item, 13.A(2), Petition CU 97-18. Bill Hoover representing W. Christian Busk, contract purchaser, requesting conditional use 21 of the ag. zoning district for retail plant nursery. This is also companion item 13.A(7), if I noted correctly. COHMISSIONER CONSTANTINE: This is another great looking necktie, tOO . MR. BELLOWS: Thank you. CHAIRMAN HANCOCK: Mr. Bellows, where are we on this? MR. BELLOWS: Well, the petitioner's requesting conditional use 21 of the agricultural district to allow for a retail plant nursery. He's going to operate that in conjunction with a wholesale plant nursery which is a permitted use in the agricultural district. As you can see, it's located on the west side of Old 41 just south of the Gadaleta PUD, which has a driving range, there's a lumber shop here and the Arbor Lake Country Club. CHAIRMAN HANCOCK: I'm sorry, Mr. Bellows. On this, again, it's quasi-judicial. I need you, Mr. Hoover, members of the petitioner and anyone to speak on this item to stand and raise your right hand. Madam Court Reporter, would you please swear them in? (All speakers sworn.) CHAIRMAN HANCOCK: Thank you. We understand testimony given already is under oath? MR. BELLOWS: Yes. CHAIRMAN HANCOCK: Thank you. MR. BELLOWS: The retail portion of the plant nursery will be 900 square feet, with a maximum square footage that it can expand to 11,500 square feet. COHMISSIONER CONSTANTINE: I'm terribly sorry to interrupt, but is there a downside to this? MR. BELLOWS: Doesn't appear to be any. A variance is only for lot area and lot width. It doesn't apply to setbacks. The buildings conform with the setbacks. COHMISSIONER NORRIS: You said variance; it's a conditional use? MR. BELLOWS: There's two items, the companion item. COHMISSIONER NORRIS: Okay. We're dealing with item 13.A(2)? MR. BELLOWS: Yes. I apologize. The downside is the site needs a variance, but it's not for setbacks, it is for the lot area and lot widths. The lot was created by a previous owner and they did not follow the proper subdivision process. CHAIRMAN HANCOCK: What's north and south of the lot right now? COHMISSIONER HAC'KIE: Something called Arbor Lake. MR. BELLOWS: The Gadaleta PUD to the north, to the south is Arbor Lake, Old 41, and the Sterling Oaks subdivision to the west. CHAIRMAN HANCOCK: Okay. COHMISSIONER CONSTANTINE: Mr. Chairman, I'm sure Mr. Hoover has an extensive presentation, but if he'd be willing to waive that and you'd be willing to close the public hearing, I'd be willing to make a motion to approve the item. COHMISSIONER HAC'KIE: I'd be willing to second it. CHAIRMAN HANCOCK: Mr. Fernandez, do we have any public speakers on this? MR. FERNANDEZ: We have none. CHAIRMAN HANCOCK: I'll close the public hearing, recognizing a motion and second. Is there discussion on the motion? Seeing none, all those in favor, signify by saying aye. (All respond aye.) CHAIRMAN HANCOCK: CU 97-18 is approved. Item #13A7 RES. 97-413 REGARDING PETITION V-97-7, WILLIAM L. HOOVER, REPRESENTING CHRISTIAN BUSK REQUESTING A 0.91 ACRE VARIANCE FROM THE REQUIRED LOT AREA REQUIREMENT AND A 33 FOOT VARIANCE FROM THE REQUIRED LOT WIDTH FOR AGRICULTURALLY ZONED PROPERTY LOCATED ON THE WEST SIDE OF OLD US-41 AND 500 FEET SOUTH OF THE COLLIER/LEE COUNTY LINE IN SECTION 10 - ADOPTED Let's do the companion, Petition V-97-7, which is a request for a .91 acre variance and 33 foot variance as required on area and lot width, respectively. Tell you what, I'll take a chance on closing the public hearing, because I might have a motion on this. COMMISSIONER CONSTANTINE: Mr. Chairman, I'd like to make a motion we approve Petition V-97-7. COMHISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and second. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Wonderful. Item #13A3 RES. 97-414 REGARDING PETITION NO. V-97-9, SUSAN HEBEL WATTS OF WCI COHMUNITIES LIMITED PARTNERSHIP, REQUESTING A 250 SQUARE FOOT VARIANCE FROM THE REQUIRED 1000 SQUARE FOOT MINIMUM FOR MULTI-FAMILY UNITS TO 750 SQUARE FEET PER UNIT FOR PROPERTY LOCATED IN PELICAN HARSH EAST, IN SECTION 25 - ADOPTED Next item, item 13.A(3), Petition V-97-9, Susan Watts of WCI Communities requesting a 250 square foot variance from the required minimum 1,000 square feet for multi-family units. Mr. Nino. MR. NINO: Yes, Ron Nino for the record. You want to swear us in? Mr. Chairman, do you want to swear us in? CHAIRMAN HANCOCK: I'm sorry. Thank you. Would all members of the public and staff here to speak on this matter, please stand and raise your right hand? Madam Court Reporter, would you please swear them in? (All speakers sworn.) MR. NINO: Mr. Chairman, the petition V-97-9, while it alleges to be a petition asking for a 250 square foot reduction of the minimum floor area for multi-family housing on a site specific parcel fronting on the south side of Immokalee Road in the panhandle of the Pelican Marsh area, while it alleges that, nevertheless, the resolution as crafted would provide that the minimum floor area would be 806 square feet for one-bedroom, one-bath units, and 911 square feet for two-bedroom, one-bath units. I merely point that out to indicate the significance of the variance is not, in fact, the 250 feet, but 806. And I would therefore advise that the resolution that has the number 250 be changed to 800. Mr. Chairman and members, in reviewing the criteria for variances, I think it's important to point out that condition number A, are there special circumstances, we think there are. And those have to do with the fact that no development has occurred in Pelican East. Therefore, no person's expectations can be abridged, there is no investment made by private citizens in that area that would be affected by changing the development regulations as they apply to the Pelican Marsh area east. Again, condition number B, it's important to point out that the panhandle, or that portion of Pelican Marsh, is located in an area that, in the opinion of staff, is similar to the variance that is requested. Immediately to the east -- COHMISSIONER CONSTANTINE: I'm terribly sorry to interrupt, Mr. Nino. However, I don't know that I need you to go through each of these items that are already answered in the record as part of the staff report. It appears that they have met the various hurdles that we asked. And I don't know if Susan wants to come up and speak or if there are other speakers here, but it seems like if it's as clear as the staff report has it, then perhaps we can move right along. CHAIRMAN HANCOCK: Do we have speakers other than the petitioner? MR. FERNANDEZ: No speakers, Mr. Chairman. CHAIRMAN HANCOCK: No speakers? Okay. So close the public hearing. COHMISSIONER NORRIS: Motion to approve. COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: There are some benefits for waiting all day for your item to be heard. Item # 13A4 RES. 97-415 REGARDING PETITION NO. CU 97-20, VICTORIA CARR, REPRESENTING HOUSE OF PRAYER OF THE LIVING GOD REQUESTING CONDITIONAL USE TO ALLOW FOR A CHURCH AND CHURCH RELATED SERVICES TO BE LOCATED AT 619 NORTH NINTH STREET IN IMHOKALEE - ADOPTED Petition CU 97-20 in 13.A(4), Victoria Cart representing House of Prayer of the Living God, requesting conditional use 3 of the VR zoning district in Immokalee, to allow for a church and church related services. Mr. Badamtchian, good to see you again so soon. COMMISSIONER MAC'KIE: Swear. CHAIRMAN HANCOCK: We will swear in Mr. Badamtchian. Would any member of the public or petitioner's team here to speak on this item, please stand and raise your right hand? Madam Court Reporter? (All speakers sworn.) MR. BADAMTCHIAN: Chahram Badamtchian from Planning Services. COMHISSIONER CONSTANTINE: Chahram, is anybody opposed to this? MR. BADAMTCHIAN: No. CHAIRMAN HANCOCK: In a great attempt not to say no to God, as was referenced earlier -- COMHISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: -- are there speakers on this item, Mr. Fernandez? MR. FERNANDEZ: No, there are none. CHAIRMAN HANCOCK: Seeing none, does the Board have any questions of staff? COMMISSIONER MAC'KIE: No. COMMISSIONER BERRY: No. CHAIRMAN HANCOCK: Seeing none, I'll close the public hearing. COMMISSIONER BERRY: Motion to approve. COMMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: The petition is granted. Item #13A5 PETITION NO. SV-97-1, EVERGLADES PRIVATE AIRBOATS REPRESENTING CHC HEARTHLANDS REQUESTING A VARIANCE FROM SEC. 2.5.5.2.3.1 OF THE LDC. WHICH ALLOWS A POLE SIGN FOR BUSINESSES WITH MORE THAN 150 FEET OF ROAD FRONTAGE ON A SINGLE ROADWAY TO ALLOW FOR TWO ADDITIONAL POLE SIGNS FOR A TOTAL OF THREE, FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF US-41, APPROXIMATELY 19 MILES EAST OF SR. 951 IN SECTIONS 26 & 27 - DENIED Next, item 13.A(5), Petition SV 97-1, Everglades Private Airboat Tours, representing CHC Hearthland, requesting a variance regarding a pole sign, the dreaded pole sign. Mr. Badamtchian, nice to see you again. Let's swear in Mr. Badamtchian and any members of the petitioner here to speak on this item. Madam Court Reporter? (All speakers sworn.) MR. BADAMTCHIAN: Chahram Badamtchian from Planning Services staff. Ms. Tammy House is requesting a variance to the requirements of one pole sign per business to three pole signs, asking for two additional pole signs, for a total of three pole signs. She operates airboat tours and they have a property which is two miles long, and the speed limit on U.S. 41 being 60 miles an hour, in her opinion that causes some traffic hazards, people driving 60 miles an hour, and by the time they see her business, they have already passed the entrance to that side. Therefore, she's asking for two additional pole signs mounted on airboats parked on the side of the road, like 85 feet from the road, so people can see the sign and know that the business is there. CHAIRMAN HANCOCK: Where are the signs that have been on airboats in the past, sitting there without a permit? MR. BADAMTCHIAN: They have been there for I believe three years and we asked them to be removed. That's why she's asking for this variance, so she can put them back up. Planning Commission heard this petition and by vote of three to two recommended approval. COHMISSIONER CONSTANTINE: Do we have a number of people that had conflicts on that or what happened to the other four planning commissioners? MR. BADAMTCHIAN: Two of them they had conflicts of interest, and one of them was absent. COHMISSIONER NORRIS: Because this is on the Collier property they abstained? MS. HOUSE: -- Collier Enterprises, and the other was my sign man. MR. BADAMTCHIAN: No. One was Mark Davis, the sign contractor. (Laughter.) CHAIRMAN HANCOCK: Oh, gee -- let me -- COHMISSIONER CONSTANTINE: Can I ask one question? CHAIRMAN HANCOCK: Go ahead. COHMISSIONER CONSTANTINE: Chahram, that was a close vote at three-two. What was the reason the two opposed? MR. BADAMTCHIAN: I believe the two who opposed, they felt it would create sign pollution and allow this business to have more sign than we allot to other businesses to have. COHMISSIONER HAC'KIE: And of course, staff recommended denial. MR. BADAMTCHIAN: Staff recommended denial; correct. CHAIRMAN HANCOCK: There is nothing prohibiting them from putting their sign far enough up the road that says, slow down, you're about to miss our entrance, is there? MR. BADAMTCHIAN: Yes. I mean, that's a sign, that's a business sign. CHAIRMAN HANCOCK: Well, I'm just saying if they're allowed one sign, I mean, rather than three, allowing one sign in a more appropriate location is a potential solution, instead of one on the property and two further up the road. COHMISSIONER BERRY: But Tim, if you think about which direction you're going. I mean, you're going, you've got people, potential customers, going two directions on that roadway. Now which side of the entrance are you going to put one sign? Okay? This is the dilemma. You're coming down this roadway at 60 miles an hour, if you're lucky, and by the time you see the entrance, if you're going to hit the brakes and then turn in, it's a problem. It's just a practical problem. And I understand the sign pollution part of it and I'm sure Tammy or Teresa would say the same thing. But the problem is, how do you alert people that you do have an entrance coming up there, without using some kind of signage? And one sign isn't going to cut it. CHAIRMAN HANCOCK: The problem I have is, just down the road there is also Weeks Airboat Tours. Now, they have a big billboard that they rent, I guess, across the street. But if we permit this one COHMISSIONER BERRY: I understand. CHAIRMAN HANCOCK: -- and there we are with Weeks, one up the road, one down the road. COHMISSIONER CONSTANTINE: And really, we need to no further -- MS. HOUSE: Can I comment on that? CHAIRMAN HANCOCK: Just a second, ma'am. COHMISSIONER CONSTANTINE: When we go through our own analysis, you know, the ABC's Mr. Nino was going to go through on the last one, maybe we need to on this. Are there special conditions and circumstances existing? No. I mean, this is no different than any other business, unfortunately. Are there special conditions and circumstances which do not result from the action of the applicant? No, not really. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant? No. I mean, we haven't had some radical change in code or in land use out there forever, really. So we can keep going through the questions item by item, but you could make those same arguments of some sort for any business anywhere in the county. COHMISSIONER BERRY: I understand. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: In this particular instance, I would be more inclined to grant a height variance for the sign so that you can see it from a farther distance, than I would to grant extra signs. We've had too many cases in the past where people have asked for extra pole signs and we didn't do it, and we're going to have plenty of them in the future, as well. And we need to be consistent on that. Perhaps a bit more height as a variance on this particular sign, since it's way out in the middle of the grasslands. COHMISSIONER CONSTANTINE: Are we then going to have Weeks and the others come in? COHHISSIONER NORRIS: Well, that's -- okay. CHAIRMAN HANCOCK: Let's go ahead and go to speakers. Yes, ma'am. MS. HOUSE: I'd like to comment. Number one, I'm Teresa House from Everglades Private Airboat Tours. Number one, I don't think you consider these pole signs, because I believe a pole sign has to be eight feet above the baseline of the road. They are not; they are sitting in boats below the road. So they're not actually pole signs; they would be ground signs. They would be considered a directional sign, which is allowed for in the Land Development Code of up to 12 square feet. The problem is, we have a 150 foot right-of-way on the south side of the road there, so it's not necessarily the height of the sign, it's how far away you have to put it to be able to read it from the road. And as far as my next door neighbor, if he's got a permit for that sign that's up, he got a variance for it. And the billboard across the street's not his. CHAIRMAN HANCOCK: Well, you can obviously file a complaint on him, if you like. MS. HOUSE: I don't want to. I mean, I just would like to be -- and there's others on the highway. CHAIRMAN HANCOCK: Well, my point is, just because someone else does it illegally doesn't make it right. MS. HOUSE: Oh, I agree. But they are not pole signs, I would not consider them. I would consider them ground signs -- CHAIRMAN HANCOCK: But then you're still you're asking for a variance MS. HOUSE: -- directional signs. So basically asking for a variance just to make them a little larger, so you can read them from 150 feet, rather than place several directional signs which I might could put one word each on and spread them out two miles. COHMISSIONER HAC'KIE: Well, Mr. Badamtchian, if they are directional signs or ground signs as opposed to pole signs, are they legal? MR. BADAMTCHIAN: The code allows directional signs 12 square feet in area maximum. COHMISSIONER HAC'KIE: And no limit on the number? MR. BADAMTCHIAN: We allow usually two of them, one in each direction. But the problem is the distance from the right-of-way. COHMISSIONER HAC'KIE: Right. I'd like to see those photographs. COHMISSIONER NORRIS: That's a state right-of-way, I think. CHAIRMAN HANCOCK: Pardon me? COHMISSIONER NORRIS: A state right-of-way? CHAIRMAN HANCOCK: Yes. MS. HOUSE: Excuse me. Here's a picture of my existing sign. CHAIRMAN HANCOCK: Okay, we can't have you speak unless you're on the microphone, because the court reporter can't pick it up. Thank you. MS. HOUSE: That is the sign that's existing in front of my building now, which is the maximum allowed, 100 square feet, and that's as close to the road as it can possibly be. I also have some pictures at the Collier Seminole Boat Park that also are doing exactly what I would like to do, saying that the entrance is one mile and then three-tenths of a mile. CHAIRMAN HANCOCK: Are you leasing this property or do you own it? MS. HOUSE: Yes, I'm leasing it. CHAIRMAN HANCOCK: How long have you been leasing the property? MS. HOUSE: Five years. And those were my boats. CHAIRMAN HANCOCK: And you've been operating a business for most of that time period? MS. HOUSE: Yes. And those were my boats that had the signs in them. COHMISSIONER HAC'KIE: I can see this as a positive for ecotourism, you know, if they can be done in good taste. COHMISSIONER CONSTANTINE: It's just, I mean -- MS. HOUSE: I believe Mr. Badamtchian has pictures of them. COHMISSIONER CONSTANTINE: You know, you can make that argument on any part, you go up and down 41 and say, you know, well, if we put extra signage it's good for tourism or if KHart came in and wanted to do something for their drugstore, you know, that would be good for the retired folks, because they could find the pharmacy easier. I mean, we could make excuses, but -- COHMISSIONER BERRY: Hold on just a minute. There may be something else that doesn't currently come into play that may well come into play in the future. On November 12th, the State's going to be looking at the scenic highway designation, and I don't know what effect this may have on all of the signage out there. So the whole thing, I don't know if that will preclude what the county does in terms of signage in that area, I don't know. But on November 12th, that's going to be dealt with. We should know shortly thereafter. There is no reason to think that that will not be approved at this point in time. So I really don't know how or what effect this is going to have. But I don't know if you want to deal with this now or if you want to hold off and see what happens, and have some research done as to what the effect might be. MS. HOUSE: The signs are mobile. COHMISSIONER CONSTANTINE: -- approving either way. COHMISSIONER BERRY: Well, I'm just telling you. If you're not aware this is coming up, it is coming. COHMISSIONER CONSTANTINE: I'm just assuming, though, it would be more limiting, certainly not more allowance. COHMISSIONER BERRY: That's my point; that is my point. I mean, I understand what she's saying, and the dilemma. But on the other hand, I also know, and I'm not sure that she's aware of it, but -- MS. HOUSE: Oh, yeah. CHAIRMAN HANCOCK: Wait a minute. We're not going to have a back and forth here, okay. What I need you to do is, if you have further comments to state on the record, if you would please go ahead and present those and then we'll go to Board discussion, if anyone has questions of you. That way the court reporter doesn't go crazy on us. MS. HOUSE: To answer the question about the scenic highway, I sit on the committee, actually, so I am aware of the proceedings there. These signs are mobile. I'm not looking to put the framework into the ground. They are sitting in boats, so if something like that happened and they came through and said all of them have to go, then they have to go. But at this point in time, there's probably five businesses in that 14-mile stretch and the majority of them are allowed directional signs. Port of the Islands has nine that are 32 square feet each. COMHISSIONER CONSTANTINE: Did you mention -- you said that you actually used airboats to put these up? MS. HOUSE: Oh, yes. They're sitting in airboats. I believe we have pictures. COMHISSIONER MAC'KIE: I'd like to see them. COMHISSIONER CONSTANTINE: I just -- my point in asking that question is that they are not simply directional signs. If they are sitting in an airboat, they're very clearly trying to advertise. MS. HOUSE: Well, it says, "Everglades Private AirBoat Tours, next right." COMHISSIONER CONSTANTINE: Right. But I mean, you could have a little sign that said that, or you know -- MS. HOUSE: Not to read from 150 feet. That's a long way. COMHISSIONER CONSTANTINE: Well, the airboat itself goes way beyond the 12 square feet that you're talking about for a directional sign. MS. HOUSE: Oh, well, let me clarify that. They're sitting in airboat hulls. The airboat's not finished. It's just the actual hull, so that we didn't put anything in the ground. COMHISSIONER CONSTANTINE: Which I bet is still bigger than -- MS. HOUSE: No, you can't even see the boat. COMHISSIONER CONSTANTINE: -- 12 square feet. COMHISSIONER MAC'KIE: You can show us the photographs, though. COMHISSIONER CONSTANTINE: Do we have any other information on this? CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: I have a question for Mr. Badamtchian. COHMISSIONER HAC'KIE: I'll pass them. CHAIRMAN HANCOCK: Commissioner Norris, did you have a question? COHMISSIONER NORRIS: Yes, I do. CHAIRMAN HANCOCK: Go ahead. COHMISSIONER NORRIS: What is -- what would prevent the petitioner from having directional signs within the right-of-way out near the road, small directional signs? MR. BADAMTCHIAN: They have to get the right-of-way permits from the State. Through the county, we do not allow directional signs on the right-of-way for private businesses. We only allow for not for profit organizations like churches, and things like that. COHMISSIONER NORRIS: What's the likelihood of the State granting that permission? MR. BADAMTCHIAN: I don't have the slightest idea. But I have never seen a directional sign on any State road, so -- COHMISSIONER NORRIS: Well, we just saw a photo of one. COHMISSIONER BERRY: Collier Seminole, the state park. COHMISSIONER NORRIS: The state park. COHMISSIONER CONSTANTINE: Mr. Chairman, if there's no other speakers, perhaps you'd close the public hearing. CHAIRMAN HANCOCK: Are there any further questions for Ms. House or for Mr. Badamtchian? Seeing none, I'll close the public hearing. COHMISSIONER CONSTANTINE: I'm going to make a motion to deny Petition SV 97-1. I appreciate what they're trying to do, but I just don't know that we can make it, with any legally defensible reason, give them what they are asking for. CHAIRMAN HANCOCK: I likewise am concerned with the application beyond this decision. So motion -- COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and second to deny. Any discussion? Seeing none, all those in favor, signify by saying aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRMAN HANCOCK: Aye. Opposed? COMMISSIONER MAC'KIE: Aye. COMMISSIONER BERRY: Aye. CHAIRMAN HANCOCK: Three-two under -- three-two motion to deny, Mr. Weigel. That's not a clear win, because you need four affirmative votes to approve. But do you just need a simple majority to deny? MR. WEIGEL: There's -- I don't know, Margie may want to chime in, but there's a couple ways. You can put a motion to approve that fails, and then you miss your four vote requirement. But clearly, you have nothing that passes at this point in time. COMMISSIONER CONSTANTINE: Well, if a majority votes to deny it, very clearly -- COMMISSIONER MAC'KIE: A variance is just three votes; right? MS. STUDENT: A variance is three votes. MR. WEIGEL: That's what I'm thinking of, the first part of it. COMMISSIONER CONSTANTINE: If the majority votes to deny it, very clearly, the majority is correct. MR. WEIGEL: You got it; you got it. CHAIRMAN HANCOCK: Okay. Then we're fine. Then Petition SV-97-1 is denied. Item #13A6 RES. 97-416 REGARDING PETITION NUMBER NUA-97-2, MR. ARTHUR C. QUINNELL, REPRESENTING NAPLES LAND YACHT HARBOR, INC., REQUESTING A NON-CONFORMING USE ALTERATION IN ORDER TO ALLOW UNIT OWNERS TO REPLACE EXISTING NON-CONFORMING MOBILE HOME UNITS, AS NEEDED, IN CONFORHANCE WITH THE COLLIER COUNTY FIRE CODE AND SO AS NOT TO INCREASE THE EXISTING NON-CONFORMITIES FOR PROPERTY LOCATED AT 2801 PALM STREET IN SECTION 11 - ADOPTED Item 13.A(6), Petition NUA-97-2, Arthur Quinnell representing Naples Land Yacht Harbor, requesting a non-conforming use alteration. COHMISSIONER HAC'KIE: I have a question for the County Attorney before we start. Mr. Weigel? MR. WEIGEL: Yes. COHMISSIONER HAC'KIE: I'm sorry. CHAIRMAN HANCOCK: Can I swear everyone in first? COHMISSIONER HAC'KIE: Absolutely. CHAIRMAN HANCOCK: Okay. Let me ask that all members of staff and the public that are going to speak on this, please stand and raise your right hand. Madam Court Reporter, please? (All speakers were sworn.) COHMISSIONER HAC'KIE: Mr. Weigel, my parents live there. Do I vote? MR. WEIGEL: That's a good question, because -- COHMISSIONER CONSTANTINE: I got a written legal opinion from Mr. Weigel last year because my dad lives in Countryside. I was required to vote. COHMISSIONER HAC'KIE: I think I am required to vote then. MR. WEIGEL: Yes. And I was thinking of the previous opinion that I provided, I still ask the same question, and that is, do you or anyone, blood relation in your family, receive any remuneration or private gain, personal private gain by virtue of the action to be taken today? COHMISSIONER HAC'KIE: They pay money to live there. MR. WEIGEL: No. Well, I mean from the action that's taken today. COMMISSIONER MAC'KIE: No. MR. WEIGEL: I think the answer is no. COMMISSIONER MAC'KIE: No. MR. WEIGEL: So I would advise you that there would appear to be no conflict, but thank you for asking. COMMISSIONER MAC'KIE: Thank you. CHAIRMAN HANCOCK: Okay. With that, Mr. Bellows? MR. BELLOWS: For the record, Ray Bellows, Planning Services. Petitioner is requesting a non-conforming use alteration in order to allow unit owners to replace existing non-conforming mobile home units COMMISSIONER MAC'KIE: The only way I can vote -- dare I interrupt - to tell you that what this is, is if they have mobile homes that are falling into disrepair, they would like to be able to replace them with nice shiny new ones. We've seen this before and approved them. I think it's a great idea. COMMISSIONER CONSTANTINE: We're not looking for any additional ones; we're just replacing the beat-up ones? MR. BELLOWS: That's right. CHAIRMAN HANCOCK: And they're not going to extend beyond the existing configuration? MR. BELLOWS: No. CHAIRMAN HANCOCK: I like those answers. Further questions of staff? Mr. Bellows, is there anything you feel you need to get on the record? MR. BELLOWS: Just that the Planning Commission approved it. CHAIRMAN HANCOCK: Okay. Anyone have questions of the petitioner? I'll close the public hearing. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five-zero. Mr. Quinnell, thank you for spending the day with us. COMMISSIONER MAC'KIE: Don't charge them by the hour, now. You were here all day. Item #13A8 PETITION V-97-8, STEFANI LYN O'NEILL REPRESENTING HOWARD J. AND KAY L. KRAPF REQUESTING A 17 FOOT VARIANCE TO THE REQUIRED REAR SETBACK OF 25 FEET TO 8 FEET FOR PROPERTY LOCATED AT 1725 WINTERBERRY DRIVE - PURSUANT TO THE CHARTER FOR THE CITY OF MARCO ISLAND AND THE OPINION OF THE OFFICE OF THE COUNTY ATTORNEY, THIS MATTER MUST BE REFERRED TO THE CITY COUNCIL FOR MARCO ISLAND CHAIRMAN HANCOCK: Item 13.A(8), note by the County Attorney, "Pursuant to the Charter for the City of Marco Island and the opinion of the Office of the County Attorney, this matter must be referred to the City Council for Marco Island". I don't believe we then are required to take any action on that; is that correct, Mr. Weigel? MR. WEIGEL: That is correct. Thank you. CHAIRMAN HANCOCK: Okay. We are to staff communications. Mr. Weigel, anything? MR. WEIGEL: No. Happy to be here finishing about eight minutes prior to last week's long meeting. CHAIRMAN HANCOCK: I knew we were going to pay for the short one, folks, it's just a question of when. Mr. Fernandez? MR. FERNANDEZ: I have nothing, Mr. Chairman. COHMISSIONER MAC'KIE: Good answer. CHAIRMAN HANCOCK: I do want you to know Bob and I met last week and he wondered if I was concerned that he was not using this time to update everyone as to what's going on. I told him he was using the time exactly as the Board would hope -- COHMISSIONER MAC'KIE: We really like it. CHAIRMAN HANCOCK: -- was to deal with timely and priority issues, and we appreciate that. Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Nothing. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: Nothing further. CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: Quick question. I don't want a lengthy answer, just a yes or a no. CHAIRMAN HANCOCK: No. (Laughter.) CHAIRMAN HANCOCK: I'm sorry. Go ahead. COHMISSIONER BERRY: When we transmitted our concern regarding the committee on ethics to the school board and to the City Council, have we gotten a response from either one of those bodies? CHAIRMAN HANCOCK: Ms. Filson? MS. FILSON: We have a response from the City of Everglades only, that I saw. COHMISSIONER MAC'KIE: Would you make copies for all of us, please? COHMISSIONER BERRY: That's all I'm asking. COHMISSIONER CONSTANTINE: I'm sorry. We have not received any from the City of Naples? COHMISSIONER BERRY: No, or the school board. MS. FILSON: Not that I saw, no, CHAIRMAN HANCOCK: Okay. Commissioner Constantine? COMHISSIONER CONSTANTINE: I just had this in my file and I wanted to include these as part of the record. They were letters for that last item we discussed and should be included for the record. CHAIRMAN HANCOCK: Okay. The only item I have quickly today is that tomorrow, is anyone taking bets on whether the headline will be bashing of environmental groups or changing the path of Collier County for the betterment? Anyone want to pick which one of those will be a headline? COMHISSIONER MAC'KIE: Let me think. Which will it be? CHAIRMAN HANCOCK: Okay. COMHISSIONER CONSTANTINE: All the reporters have gone home by the time we get to the good things. CHAIRMAN HANCOCK: Thank you for your careful thought and application on that growth issue. I think we can expect some good things on that. COMHISSIONER NORRIS: Well, Mr. Chairman, I tell you what. I really commend you for bringing that issue forward, and Commissioner Constantine, as well, especially the plan as you outlined it there, to go ahead and try to not only limit the density, but try to guide the density to certain locations. I think that's admirable and I certainly would encourage you to stick around and guide us through this process over the next few years. COMMISSIONER MAC'KIE: Go ahead and make that announcement any time. CHAIRMAN HANCOCK: I'm going to have to change my speech now, but thank you very much. COMMISSIONER CONSTANTINE: No, I'm pleased we're doing it. It's been a source of frustration, not aimed at anyone in particular, just that the way government seems to work is awfully slow, and we've been slow getting to this point. So I'm excited that we are actually at an action phase at this point. CHAIRMAN HANCOCK: We can all say we were there and now we can all say we are no longer there. Commissioner Constantine moved, seconded by Commissioner Norris, and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: Item #16A1 FINAL PLAT OF "LONGSHORE LAKE, UNIT FOUR" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16A2 RESOLUTION 97-403, RE PETITION AV-97-018, AUTHORIZING THE ACCEPTANCE OF "STONEBRIDGE UNIT FOUR" A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS SOUTHAMPTON UNIT ONE, AND AUTHORIZING THE VACATION OF A PORTION OF TRACT GC9, OF A PREVIOUSLY RECORDED PLAT OF SOUTHAMPTON UNIT ONE - SUBJECT TO PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16A3 RESOLUTION 97-404, RE PETITION AV-07-012, AUTHORIZING THE ACCEPTANCE OF CARLTON LAKES TRACT G, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS CARLTON LAKES UNIT NO. 1, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF CARLTON LAKES UNIT NO. 1 - Item #16A4 RESOLUTION 97-405, GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER, AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "STONEBRIDGE UNIT TWO" Item #16A5 CONTRACT RENEWAL BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), FOR THE CLEAN-UP OF PETROLEUM CONTAMINATED SITES IN COLLIER COUNTY - A_MOUNT NOT TO EXCEED $454,289.05 Item #16A6 MODIFICATION TO COHMERCIAL EXCAVATION PERMIT NO. 59.206 "WILLOW RUN QUARRY" - SUBJECT TO STIPULATIONS Item #16A7 FINAL PLAT OF SILVER LAKES PHASE TWO-D - SUBJECT TO LETTER OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16B1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY REGARDING THE GORDON RIVER EXTENSION BASIN STUDY Item #1682 ACCEPTANCE OF QUITCLAIM DEED FOR THE MARCO TRANSFER STATION FROM THE DELTONA CORPORATION Item #1683 ADJUSTMENTS TO WATER MANAGEMENT CAPITAL FUND 325, AND STAFF TO PROCESS THE APPROPRIATE BUDGET AMENDMENT Item #1684 FORMAL BID PROCESS WAIVED; VENDORS AS LISTED IN THE EXECUTIVE SUMMARY TO BE USED IN THE FY 1997-98 RECYCLING ADVERTISING CAMPAIGN Item #1685 BUDGET AMENDMENT WITHIN THE UTILITIES OPERATING FUND (408) TO PROVIDE FUNDING FOR THE ACQUISITION OF TWO (2) DUMP TRUCKS AND A BOOM MOWER Item #1686 CONSENT ORDER WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Item #16C1 ADDENDUH III RELATIVE TO THE SUGDEN REGIONAL PARK PRESERVATION 2000 STATE GRANT AWARD Item #16C2 AUTHORIZATION TO TERMINATE THE OCEAN STATE LEHONADE CONCESSION AGREEMENT AT THE GOLDEN GATE AQUATIC FACILITY Item #16C3 ENDORSEHENT OF THE GRANT PROPOSAL IN CONJUNCTION WITH THE COLLIER COUNTY HEALTH DEPARTMENT, NAPLES COHMUNITY HOSPITAL, COLLIER HEALTH SERVICES, INC., AND THE MARION E. FETHER MEDICAL CENTER AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE LETTER OF INTENT FOR FORWARDING TO TALLAHASSEE BY NOVEMBER 3, 1997 Item #16D1 - Deleted Item #16D2 RFP 97-2688 FOR THE PURCHASE OF AMBULANCE BILLING SOFTWARE - AWARDED TO SWEET COMPUTER SERVICE IN THE AMOUNT OF $22,975.00 Item #16El BUDGET AMENDMENTS APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 1997 IN FISCAL YEAR 1998 Item #16E2 BUDGET AMENDMENTS 97-503, 98-009 AND 98-024 Item #16E3 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE COUNTY AND A FORMER COUNTY EMPLOYEE Item #16H1 EXPENDITURE OF CONFISCATED TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT Item #16J1 BUDGET AMENDHENT WHICH INCREASES RESERVE FOR DEBT SERVICE AND GRANT REVENUE TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THEIR SHARE OF THE MARCO ISLAND EXECUTIVE AIRPORT TERMINAL BUILDING REHABILITATION PROJECT There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:30 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on presented or as corrected as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Dawn Breehne, Debra DeLap and Kaye Gray, RPR