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BCC Minutes 12/16/1997 R REGULAR MEETING OF DECEMBER 16, 1997 OF THE COLLIER COUNTY BOARD OF COHMISSIONERS LET IT BE REHEHBERED, that the Collier County Commissioners in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy L. Hancock Pamela S. Hac'Kie John C. Norris Timothy J. Constantine Barbara B. Berry ALSO PRESENT: David C. Weigel, County Attorney Bob Fernandez, County Administrator Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES to of CHAIRMAN HANCOCK: Good morning. I'd like to welcome everyone the December 16th meeting of the Board of County Commissioners. It a pleasure this morning to have once again Rabbi James Perman of Temple Shalom here to bless us with an invocation this morning. Rabbi Perman, welcome, and we'll follow that with the pledge allegiance. RABBI PERMAN: We turn to you, oh, God, this day as we assemble in this chamber. We are grateful that you have brought us together in health and safety and in well-being. In this joyful season of the year, we turn the pages of our lives. We turn to you as we prepare to enter a new year. We thank you for the sense of purpose we feel in our great nation and for the opportunity for public service in our county. We thank you for the partnership of those who govern and those who are governed and the obligation of all to carry a fair share of responsibility. Almighty God, move us to put our whole trust in you and in your powerful spirit of love. Hay we draw from you that goodness which alone gives meaning to our efforts. Inspire us with the power of faith toward tolerance and decency, intelligence and character. May of we come to fulfill the promise of all that we can be. We pray for the safety of our great country. By our skill and with your help, we have brought forth abundance. May we, in our lifetime, see an end to hunger and fear among all the inhabitants our land. May your blessing rest upon us this day, upon the deliberations of this body, and may all, in the future, remember our time as that in which the progress of the county was made secure. Bless all our homes and our country with the abundance of your blessings. Amen. (Pledge of allegiance was recited in unison.) CHAIRMAN HANCOCK: Rabbi Perman, once again thank you for taking the time to be with us this morning. Happy holidays to you, sir. All right. Mr. Fernandez, good morning. MR. FERNANDEZ: Good morning. CHAIRMAN HANCOCK: What do we have in the way of changes? I see adds and no deletes. That's not a good sign. MR. FERNANDEZ: Mr. Chairman, we have four requests to add items. of The first is add Item 8(A)(2), which is the discussion of the City Marco Island Interlocal Agreement. It's a staff request. CHAIRMAN HANCOCK: Okay. MR. FERNANDEZ: We have the request to add Item 8(B)(3), approve work order to replace three public water supply wells, staff request. We have add Item 8(B)(4), terminate contract with Sovereign Construction Group, Incorporated for bid Number 96-2588, Riviera Colony Phase Two utility improvements. And, finally, we have add Item 10(I), discussion regarding adoption of a budget for court administration requested by Commissioner Mac'Kie. CHAIRMAN HANCOCK: On the Item 10(I), Commissioner Hac'Kie, is there anything new or significant that -- because we just had that discussion a few weeks ago and had a direction that the board chose to take. Is there anything new or additional in that information, because I've been watching the correspondence from the clerk to us, from chief judge to the clerk, and, quite frankly, I happen to feel that the chief judge has made the commitments he needed to make to make sure this problem gets resolved, and I really think it's between them. I'm the not anxious to hear it, to be honest with you. COHMISSIONER HAC'KIE: Well, my only thought is this, is there are, as Commissioner Constantine referenced when we discussed it last time, a significant number of people who are innocent bystanders who are being harmed by this. As I understand it, and if you have some information that I don't, please tell me, there is not a way that they are to be paid, that the contract vendees are to be paid. We're losing interpreters, we're losing -- some serious crises are resulting in the court system as a result of this ongoing dispute. My simple reason for adding this to today's agenda was in the hope that we would step back, realize that there are two positions that have been advanced -- and we've gotten correspondence this week from both sides. But as I reviewed the two positions that have been advanced, Judge Starnes says the county commission adopted a budget already. The clerk says the county commission did not adopt a budget. It seems, to me, a simple solution to either reinstate the budget that the judge says we adopted or adopt the budget that the clerk says we didn't adopt and make this go away so people can get paid and the court administration system can go on. I think that we owe it to the people who are working without pay and the people who are no longer able to work. You must have gotten those letters, too, from people who have quit their jobs, working at K-mart and bouncing checks. You know, I just don't think we can continue to ignore that since we have the power to solve the problem. CHAIRMAN HANCOCK: I don't think there's anything wrong with working at K-mart. COMMISSIONER MAC'KIE: No, not anything's wrong -- what's wrong with it is they've quit their careers and are bouncing checks. And I SO iS jUSt want to ask you to look at it and see if we don't want to -- many times we have what's perceived to be power that isn't. This one of those rare occasions where we actually have the power to solve the problem for the people who are being harmed, and I'd like for us to look at it again. CHAIRMAN HANCOCK: Mr. Constantine. COMMISSIONER CONSTANTINE: As you know, a couple weeks ago -- agree with you, Commissioner Mac'Kie, that it's unfortunate the number of innocent bystanders are getting hung up in this thing. We have people that, particularly during the -- there's no good time to be short on money, but particularly during the holiday season it's not good. I don't, however, know if we have new information on really add so on despite the fact that you and I were in the minority a couple weeks ago, I don't want to revisit it if we don't have something new to to it and rehash the same information. COMMISSIONER MAC'KIE: I guess I was hoping that all the correspondence that had come into our offices over the last week or might have provided some information to at least one other member the board that maybe somebody else had gotten enough new information to reconsider their choice. Unless you guys want to tell me it's not a possibility, I wish we would discuss it. COMMISSIONER BERRY: Mr. Chairman. CHAIRMAN HANCOCK: Commissioner Norris and then Commissioner Berry. COMMISSIONER NORRIS: Well, I think it's very unfortunate that these people have been put in this position, but at the same time, there are, as you pointed out yourself, two sides to this issue. You're asking us to take one side not knowing whether we're right our not, and I'm not prepared to do that. COMMISSIONER HAC'KIE: Let me -- COMHISSIONER NORRIS: I think the issue should be settled by the clerk and the court, the chief judge, and when the determination is made, then we can do it. Unfortunately, they're trying to -- the clerk is trying to put us in the middle of this deal and take his side and settle the issue. Well, you know, I don't think that's the appropriate thing to do. This procedure was legal for two years and let now, all of a sudden, it's not. I would rather -- I'd prefer to it work itself out through the proper channels rather than us trying to come in and do it unilaterally. And the other thing is it appears we've already had the discussion, so I don't see any reason to put it back on T. and I. CHAIRMAN HANCOCK: Commissioner Berry. COHMISSIONER BERRY: I see no reason to put it back on the agenda. The only thing -- and I'm sure we all got the information that was received in here yesterday, and if you will go to Page 4, if you happen to have that information with you -- COHMISSIONER HAC'KIE: Which is that, Ms. Berry? COHMISSIONER BERRY: This is the one that it's -- COHMISSIONER HAC'KIE: From the -- COHMISSIONER BERRY: -- dated December 15th. MR. FERNANDEZ: We sent it to you. COHMISSIONER HAC'KIE: I have it. Thank you. I just didn't know which one. COHMISSIONER BERRY: The second paragraph, I believe -- I don't know what venue they have to do this, but I would assume that there must be something -- it says, in conclusion, we will make sure that interpreters are paid, court reporters are paid and vendors are paid. COMMISSIONER MAC'KIE: And that's my question. I would like to I'm two have the discussion so that we can find out today how that's going happen. Let me be real clear in what I'm asking us to consider. What asking is not that we take sides, but that we do -- there are only sides here. The judge says we adopted a budget. The clerk says we didn't adopt a budget. We can solve the problem by saying the budget is adopted, either it was already or it is today. COMMISSIONER BERRY: Excuse me, Pam. Are you willing, then, to sit down and say, what are we going to do about the sheriff's office? You're talking about constitutional officers' budgets here. COMMISSIONER HAC'KIE: And if you will let the discussion happen today, you'll hear there are statutory distinctions. There are statutes that have to do with the sheriff's office, the property appraiser and the tax collector. There is a statutory distinction here about the method for payment and -- COHMISSIONER BERRY: But there is also an agreement in place here that has been in place. CHAIRMAN HANCOCK: If I may, it sounds like, to me, we're having the discussion already. COHMISSIONER BERRY: But it boils down to whether we're going to put this on the agenda. CHAIRMAN HANCOCK: The reason I'm not going to support the item on the agenda -- COHMISSIONER HAC'KIE: The voice of God. That was a raspberry. CHAIRMAN HANCOCK: That was Dave Taylor's fault. I want everyone to know that. The reason I'm not going to support the item being placed on the to and agenda today, is that this was a situation of Hr. Brock's creation. There is a right way to do things and a wrong way. Mr. Brock chose take a path that eventually has hurt people. I am very sorry for that, but it's a path of his choosing and one he must answer for, Judge Starnes has taken the reins in seeing that this problem is resolved. I still contend it's a problem between the clerk of courts and the court system and shall remain there, in my opinion. So I'm not going to support the item being added to the agenda. I'll just poll the board. Commissioner Mac'kie wishes to add it. Commissioner Norris? COMHISSIONER NORRIS: No. CHAIRMAN HANCOCK: Commissioner Constantine? COMHISSIONER CONSTANTINE: No. CHAIRMAN HANCOCK: Commissioner Berry? COMHISSIONER BERRY: No. CHAIRMAN HANCOCK: Okay. Item 10(I) is not added to the agenda. We have an agenda and consent agenda. Any further changes, Commissioner Mac'Kie? COHMISSIONER HAC'KIE: I have one announcement that I'll do under communications. CHAIRMAN HANCOCK: Okay. Under communications. Commissioner Norris? COHMISSIONER NORRIS: No additions. CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: No additions. CHAIRMAN HANCOCK: Commissioner Constantine? COHMISSIONER CONSTANTINE: No changes. CHAIRMAN HANCOCK: None for me. COHMISSIONER NORRIS: I'll make a motion that we accept the agenda and the consent agenda. COMMISSIONER CONSTANTINE: I'll second the motion. CHAIRMAN HANCOCK: 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. Item #4 MINUTES OF NOVEMBER 18 AND 25, 1997 REGULAR MEETINGS - APPROVED COHHISSIONER CONSTANTINE: Mr. Chairman, I'll make a motion that we approve the minutes of the regular meetings of November 18th and November 25th, 1997. COHMISSIONER NORRIS: And I'll second that. CHAIRMAN HANCOCK: We have 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. We're on a roll. Item #5A1 PROCLAMATION PROCLAIMING DECEMBER AS DRUNK AND DRUGGED DRIVING PREVENTION MONTH AND DECEMBER 19, 1997 AS LIGHTS ON FOR LIFE DAY - ADOPTED This morning, under proclamations and service awards, it's my pleasure to read a proclamation this morning proclaiming December as Drunk and Drugged Driving Prevention month. I understand we have Ms. Regina Wagstaff from the David Lawrence Center here. Regina, if I could ask you to come forward, it would be my pleasure to read this proclamation into the record and ask you to accept it. The proclamation reads as follows: WHEREAS, obtaining a license to drive is a major milestone for youth and a necessity for the majority of our citizens, we must teach young people the responsibilities that accompany having a driver's license. At the same time, we must teach them about the risks of driving under the influence of drugs and alcohol; and WHEREAS all citizens and institutions need to acknowledge that license to drive is not a license to kill, injure or destroy. We must also recognize that when we drive under the influence of drugs and alcohol, we are saying that, under certain circumstances, it's okay to harm our families, friends and neighbors; and WHEREAS we all need to take a stand against impaired driving, individually and collectively, intervening to prevent others from drinking and driving should be common practice among hosts and friends. We must use designated drivers and plan alternative transportation when we know we will be drinking. Through our schools, places of employment, houses of worship and community organizations, we must send a message that drinking and driving is not socially acceptable; and WHEREAS the holidays are approaching, we ask each citizen to make our community safe by not driving under the influence of drugs and alcohol. We also ask -- also ask that, on December 19th, everyone drive with their headlights on to support National Lights On for Life Day in memory of those who have been killed or injured by impaired drivers and as a reminder of the dangers of impaired driving. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida that December 1997 be designated and Drunk and Drugged priving (sic) -- Driving Prevention Month -- that's twice I messed that up -- and that December 19th, 1997 be designated as Lights On for Life Day. We can all call on citizens and organizations to observe this month by taking responsibility for preventing impaired driving in our one community and teaching our young people safe driving behavior. Done and ordered this 16th day of December, 1997, Timothy Hancock, Chairman. It's my pleasure to move acceptance of this proclamation. COMHISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: All those in favor signify by saying aye. Regina, thank you. (Applause.) MS. WAGSTAFF: Commissioners, thank you for signing this proclamation helping us keep Collier County roadways safer. Approximately 17,000 people are killed each year on the United States roadways by a drunk driver. And here in Collier County, in 1997, there were 12 alcohol-related traffic fatalities with just being this past weekend where one of our own law enforcement officers was killed by an impaired driver. So we really encourage you please don't drink and drive and remember those victims who have suffered because of this. And I have a little token for the commissioners. This is a red ribbon that M.A.D.D. puts out during the month of December, and I'm going to give one to each of you and ask that you put it on your vehicle as a remembrance not to drink and drive. CHAIRMAN HANCOCK: Thank you. And on behalf of the Board of Commissioners, our deepest sympathies to the officer and his family who was killed this past weekend. Our thoughts are with them. COMMISSIONER MAC'KIE: Put it on the antenna? MS. WAGSTAFF: Antenna or car door or wherever you can tie it. CHAIRMAN HANCOCK: Thank you, Ms. Wagstaff. Proclamations are important but how we govern ourselves from here that proclamation by this community. forward is probably the most important thing and the accepting of Thank you. Item #SA1 PRESENTATION OF THE 1997 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) AS PROVIDED FOR IN SECTION 3.15.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE - APPROVED AS PRESENTED Item 8(A)(1) under Community Development and Environmental Services, it is a presentation of 1997 AUIR, annual updated inventory report on public facilities as provided for in the Collier County Land Development Code. Mr. Litsinger, good morning. MR. LITSINGER: Mr. Chairman, Commissioners, happy holidays to you. This morning we're here for the seventh time to present to you the updated inventory report on public facilities, better known throughout the community as the AUIR. We will make a presentation to the Board of County Commissioners and ask that you give staff direction on project and funding sources for inclusion in the next capital improvement element update and amendment. The process will result in the compliance with Division 3.15 of of the Land Development Code for an annual determination of the status both facilities and through board direction to include projects identified in this AUIR. In the next financially feasible CIE update and amendment, you will establish and maintain concurrency for the next 12 months. I would propose to proceed by giving you a brief presentation on all Category A facilities and ask for you to give direction by straw vote on each Category A facility relative to projects and revenues to be included in the next capital improvement element update. On Category B facilities, I will point out a couple of significant points and ask for direction in one particular facility type and ask for a straw vote to be followed up by a vote on the entire AUIR and a finding of a status of concurrency on the proposed projects. If there are no questions, I would go directly to the first facility type. CHAIRMAN HANCOCK: Questions for Mr. Litsinger? Please proceed. MR. LITSINGER: Very briefly on -- here, again, I'm referring to your agenda, Page 8, excuse me, agenda, Page 9. We have a summary CIE the the proposed or recommended projects to be included in the coming update and amendment and the proposed revenue sources. Very briefly, to outline these, these are revenues that are currently in place or that the Board of County Commissioners has authority to levy. In one case relative to the jail funding on the proposed jail project that I'm going to review with you, we need direction from the board on funding alternatives, but I will get to that in a few minutes. On Page 12 of your agenda package, we're indicating a total five-year road program totaling a hundred eighteen million dollars a hundred eighteen million seven hundred four thousand dollars, including reserves. Revenues for these road projects are currently funded. These revenues have been adjusted for the Marco incorporation and the revenues associated with Marco and the project, the loan project that was in our capital improvement element for Marco has been removed. The recommendation of staff is to include all of the road projects appearing on the Collier County five-year road plan, FY9802, which is Attachment C of your package, Page 25 in the coming CIE update and amendment. If there are no questions, I'd ask for a straw vote on roads. CHAIRMAN HANCOCK: Any questions? COMMISSIONER BERRY: I do have a question. CHAIRMAN HANCOCK: Commissioner Berry. COMMISSIONER BERRY: It relates, excuse me, back to Page 12 where it says the new five-cent gas tax MR. LITSINGER: Yes. COMMISSIONER BERRY: Is that another new five cents, or what is that? MR. LITSINGER: No, ma'am. We would call it the five -- new five-cent gas tax. That is the local option five-cent gas tax which was enacted by the board in 1993. COMMISSIONER BERRY: Okay. So this is not in addition to that. MR. LITSINGER: Right, but it is scheduled to sunset in 03, but that's an issue for another day. CHAIRMAN HANCOCK: ANy other questions? Seeing none on a straw vote, is there any wishes to oppose? COMMISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: Acceptance? COMMISSIONER MAC'KIE: Yes. CHAIRMAN HANCOCK: Seeing none, let's continue. MR. LITSINGER: Next category would be on Page 30 of your agenda package. Here it's showing recreation facilities against current level of service standard, current plan facilities in both your budget and your capital improvement element. Level of service standard is projected to be maintained. In the previous year, we had recommended an alteration to the level of service standard, and the board declined to alter the level of service standard. At this time, staff is not recommending any changes to the level of service standard other than to include the projects indicated in the capital improvement element and to adjust the inventory for the cost of construction index, which for 1997 was 4.4 percent. CHAIRMAN HANCOCK: Questions? I'm sorry. I need you to move a COMMISSIONER CONSTANTINE: page down -- MR. LITSINGER: Excuse me? COMMISSIONER CONSTANTINE: item. the I was still looking at the last Can you move me to the page you're on? MR. LITSINGER: Yeah, I'm on Page 30 of your agenda package. COMMISSIONER CONSTANTINE: Thank you. MR. LITSINGER: Item 8(A)(1). The primary funding source for parks, recreation facilities continues to be primarily impact fees. Any questions on parks, facilities? CHAIRMAN HANCOCK: Seeing none, is there any wishes to oppose park facility element as presented? Seeing none, move on. MR. LITSINGER: I'm moving on to Page 33, capital community park land. At this time, staff is not recommending any acquisitions or projects be added to the capital improvement element this particular year. It's my understanding that the park staff will be bringing to you recommendations early in 1998 relative to acquisitions of new community park lands. And as we go forward, also, to regional park lands, on Page 35, also with some proposed projects for acquisition of additional regional park lands, particularly of the active recreation type. Just as a noteworthy against their adopted level of service in both areas, we have no issues relative to concurrency. CHAIRMAN HANCOCK: Questions? Opposition? Please continue. MR. LITSINGER: Next facility type on Page 37 of your agenda package, drainage canals and structures. Staff has proposed a total of 170 -- excuse me. Staff is proposing a total $27,785,000 in improvements to the existing drainage canal network and system. It's not a level of service-related improvements, but to maintain an improved service of the existing facilities. We have an outline of those proposed projects on Page 38. I believe that they have previously been presented to the Board of County Commissioners and we would ask your direction to include these projects in the coming CIE update and amendment. CHAIRMAN HANCOCK: Questions on that item? Any opposition to the recommendations? Seeing none, let's continue to the next. MR. LITSINGER: Next facility type on Page 39 of your agenda package is potable water. Here, in this case, staff is recommending an amendment to the adopted level of service standard to 185 gallons per day per customer. This is a change based on the recent water management -- excuse me, water master plan. It also relates to the change in the population used to measure the level of service provided where we had previously used the population of the service area. We're proposing to amend the camp plan to measure the level of service provided against the customer base which provides a more accurate measurement of the actual service provided, because the reality is that some residents of the service areas will never be served by the water or sewer system. We believe that this is consistent with planning principles in the camp plan. So the recommendation on potable water would be the amendment to 185 gallons per day and the adoption of the peak service population as the standard for measurement of L.O.S. CHAIRMAN HANCOCK: That 185 is a move upward from 154; is that correct? MR. LITSINGER: It's moved up from 135, plus 21 percent. I may need a -- it's an increase from 135 to 154. CHAIRMAN HANCOCK: That kind of goes against the throes of water conservation concepts. Is there a specific reason for that? Is it the irrigation? Is it -- MR. LITSINGER: Yes. The recent studies through the water master plan indicate it is more realistic in reflecting actual service provided. CHAIRMAN HANCOCK: I'm just curious, how do we fall at 185 per person? Is that statewide or nationally? Is that ballpark; is it high; is it low? MR. LITSINGER: I'm sorry, I'm not prepared to answer that question. CHAIRMAN HANCOCK: Okay. Mr. Ilschner, if you would give me Some information on that just to -- you know, in the next week or so. MR. ILSCHNER: Yes, sir. CHAIRMAN HANCOCK: Thank you. Is there -- are there any questions on that element? Is there any opposition to the element as presented? Seeing none, let's continue. MR. LITSINGER: Your next item is on Page 41 of your agenda package. It's the sewer treatment and collection system north county. Here, again, their proposed project is to add five mega gallons of treatment capacity per day by the year '02, with a total cost of $29,483,000. Funding source here to be impact fees and user fees. Also, the staff is recommending that the adopted level of service for the north plant be amended to 145 gallons per day per capita to reflect actual service provided, and also, here again, to use the peak population served as opposed to the population of the area as the standard against which we measure level of service stats. CHAIRMAN HANCOCK: Question on that. It shows available inventory is one-tenth of the H.G.D. below the required inventory, in the essence, operating at potentially deficiency; is that correct? MR. LITSINGER: No, sir. If you look on Page 42, which has spreadsheet which applies the proposed level of service and the proposed peak population, with the addition -- we're currently running 1.6 mega gallons a day surplus. CHAIRMAN HANCOCK: Okay. That's the projection at five years if day we do nothing. MR. LITSINGER: Excuse me? CHAIRMAN HANCOCK: The available inventory versus required inventory is saying in five years, if we do nothing, we would have deficiency; is that correct? HR. LITSINGER: If we were not to add the five mega-gallon-a- increase, we would, in fact, have a deficiency. CHAIRMAN HANCOCK: I understand. I'm sorry. My mistake. Any questions on that? Any opposition to the information as presented? Seeing none. MR. LITSINGER: Your next item is on Page 43. This is the south the county sewer treatment plant. Here we have after notation of a proposed increase in -- of 2.5 mega gallons per day. This is to be achieved through a re-rating of the plant in 1999 as opposed to construction. Here again, there is -- in this particular case, there is no recommendation to amend the level of service standard at the south plant, to keep that as it is, 100 gallons per day plus 21 percent non-residential. However, we are proposing to use the peak service population as opposed to population of the entire utility service area. On your next page, 44, it also indicates that, as a result of re-rating in 1999, we do not project any deficits during the planning period in level of service standards. CHAIRMAN HANCOCK: This is a very small question. How do we re-rate a plant to the tune of 2.5 million gallons a day? MR. LITSINGER: I've asked that question myself. It's an engineering study relative to the functionality of the plant, its updates of equipment and methodologies to the Department of Environmental Protection. COMMISSIONER NORRIS: Mr. Chairman, this is the plant that was completely redesigned and rebuilt. CHAIRMAN HANCOCK: Okay. So we're going to re-rate it after it's in operation after a few years. Okay. COMMISSIONER MAC'KIE: I see. Thanks. CHAIRMAN HANCOCK: That helps. Any objection to the elements presented in that section? Seeing none, Mr. Litsinger. MR. LITSINGER: Moving on to Page 45, solid waste, 10-year raw land supply. Here the staff is not recommending any additions to the capital improvement element this year pending presentation of next year's AUIR and further decisions and presentations by the committee looking at re-siting the landfill. I do feel that I need to point out to you, on Page 46 of your agenda package, that next year at this time we probably will be lacking a decision on relocating the landfill, be reporting to you a potential deficit in 10-year raw land supply, but today, we have no deficits. COMMISSIONER CONSTANTINE: Since the next scheduled meeting of this board, we'll be discussing that, it probably won't be a concern in a year. CHAIRMAN HANCOCK: Any questions on that item? Any objection to the items presented? Seeing none, Mr. Litsinger, please continue. MR. LITSINGER: Moving on to Page 47, which is your cell capacity at 1.1 tons per capita which is the level of service standard you adopted last year reflecting actual usage. Here, again, we're not recommending any additional cell openings at the current landfill for the obvious reasons this year. We currently have cell capacity during the planning period and does not require any decisions at this point in time. CHAIRMAN HANCOCK: Questions? Any objection? Mr. Litsinger. MR. LITSINGER: That would complete your Category A or your concurrency-related facilities, and I would ask for a motion and vote on inclusion of recommended projects and revenues in the coming CIE for Category A facilities. COMMISSIONER CONSTANTINE: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion on the motion? of Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Seeing none. MR. LITSINGER: Category B facilities, which begins on Page 50 your agenda package, to quickly point out to you, Category B facilities level of service standards are targets for providing quality service within the community, however, they are not concurrency related. Generally, we have no issues in Category B, with the one exception of the county jail expansion. In last year's AUIR presentation, your direction was to remove Project 400 from the CIE until completions of the integrative corrections strategic development plan, which is currently pending final approval. Staff, at this time, is recommending that for the coming CIE update that you include a project totalling $29,988,000 and 260 additions of beds to the coming CIE update. Further, staff is also recommending that the board give us direction on one of the supplemental revenue sources that we have identified for funding the jail expansion, as the sales tax did not pass referendum. CHAIRMAN HANCOCK: Questions? COMMISSIONER BERRY: No. Just a comment, though. When you look at the unit cost per bed in the jail, I think it's something that should be noted. I think that's a tremendous price. COMMISSIONER CONSTANTINE: Agree. CHAIRMAN HANCOCK: Are you ready to start plans for the Big Cypress Tent and Wilderness Prison? COMMISSIONER BERRY: I mean, it's just there. People ought to know the cost is pretty hefty. CHAIRMAN HANCOCK: Agreed. Any further questions? COMMISSIONER MAC'KIE: When would you like to receive that direction, Mr. Litsinger? MR. LITSINGER: Well, I would like to receive it today, but I understand the decision process that you have before you. What I would ask, probably, would be -- the best situation would be a general consensus of the board whether or not we want to go forward with a jail expansion to the standpoint of including it in your capital improvement element. Here, again, we've listed about four alternative revenue sources available to you, everything from G.O.B. referendum to certificate of participation bonds to build the jail. We don't necessarily need a firm decision on either one of those, but from a planning perspective, we would ask if there is any consensus to go forward with including this in your capital improvement element in this coming cycle, which will be coming back to you probably after you have made decisions on this matter in the early months of 1998. CHAIRMAN HANCOCK: Commissioner Constantine. COMMISSIONER CONSTANTINE: Mr. Chairman, I think we all recognize the challenge facing us with jails. I do have a concern, including something if we have no dedicated funding source yet, we're not even saying, as a group, that it will necessarily be one of these four options that appear in front of us. So I'm just a little uncomfortable including it when we haven't, as a group said, you know, what -- where 29 million dollars is coming from. CHAIRMAN HANCOCK: Agreed. Mr. Fernandez, you're more closely involved with the V. Group study and its progress as it moves to the next phase or the next stage. When can we expect to see additional information for the board's consideration on that effort, or have they completed that phase and they're done? MR. FERNANDEZ: I believe they've completed that phase. I would ask Mr. Gonzalez if he has additional update information for us on that. CHAIRMAN HANCOCK: I'm just trying to attach a time frame to this because, as Mr. Litsinger said, today is not D. day, but certainly in the first part of next year, I think we're going to have to set a course for this and include it in the budget discussions for next year. Mr. Gonzalez. MR. GONZALEZ: Adolfo Gonzalez, Capital Projects Director. The V. Group has completed their report and you have accepted that report. You charged a citizens' committee to look at whether the dollars and timing specified in the report was feasible. That information will be back to you the first week in January. We've concluded those discussions, and we'll have some recommendation to share with you. CHAIRMAN HANCOCK: Terrific. I look forward to that. Thank you. COMMISSIONER MAC'KIE: My question is for Mr. Litsinger about the significance of not including it in today. Is it something we can amend later? Is it -- what are the repercussions of it not being included? MR. LITSINGER: Commissioner, it's my opinion that, since your decision process probably will give us plenty of lead time, we will not draft the CIE probably until April or May. At that time, you can CIE give us direction to include it before your adoption of your next in probably next October, so it's merely a policy decision at this time. CHAIRMAN HANCOCK: Okay. COMMISSIONER HAC'KIE: I'm comfortable with identifying the funding source before we decide to spend the money. Reasonable position. COHMISSIONER CONSTANTINE: Call me crazy. CHAIRMAN HANCOCK: I'm going to join Commissioner Constantine in being patient enough to wait until at least the first quarter of next year to have more information before doing that. MR. LITSINGER: Sure. COHMISSIONER BERRY: I agree. CHAIRMAN HANCOCK: Okay. MR. LITSINGER: Now, on the rest of the Category B facilities, there are no specific issues that need to be addressed. The facilities that are planned are generally funded through impact fees or relate to previous direction by this board. If you have no questions, I would just ask for a -- with your exception noted for the jail -- a motion and vote to include Category B facilities in the CIE. CHAIRMAN HANCOCK: First of all, any question on the Category ask. of information? Seeing none, do we have a motion? COMMISSIONER NORRIS: Move acceptance of Category B. COMMISSIONER MAC'KIE: With the exception of the jail, may I COMMISSIONER NORRIS: As discussed. CHAIRMAN HANCOCK: We have a motion. Is there a second? COMMISSIONER CONSTANTINE: I'll second that with the exception the jail. CHAIRMAN HANCOCK: Motion and second. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Mr. Litsinger. MR. LITSINGER: Yes. I have one more action I would ask of you, and that would be going back to Page 2 of your agenda package. In order to complete this process relative to concurrency and your annual determination for concurrency, I would ask the board, by motion and vote, to find upon analysis, review and actions taken this day based on the '97 AUIR that adequate Category A public facilities will be available as defined by the Collier Concurrency Management System as implemented by Division 3.15 of the Land Development Code to support development or issuance until presentation of the 1998 AUIR approximately 12 months from this day. COMMISSIONER CONSTANTINE: So moved. COMMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion and a second. Any discussion? o~lr the Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five, zero. COHMISSIONER CONSTANTINE: Mr. Chairman, quick question for staff on two of the transportation items. I'm just trying to put a more definite time frame on them. They appear on our list, I don't know where in the five-year plan they are; Santa Barbara Boulevard, Davis to Rattlesnake and Santa Barbara Boulevard, Radio to the Parkway. MR. GONZALEZ: Adolfo Gonzalez, Capital Projects Director. Santa Barbara Boulevard, Davis to Rattlesnake is not shown on five-year plan as a construction project. That's pursuant to previous direction you gave us about three years ago. We have some environmental studies underway, and that will be completed next year. And then we'll bring that information back to you to either decide to go with final design and construction funding at a later date. Santa Barbara Boulevard, Radio to -- Golden Gate Parkway to Radio, that is on the five-year plan. It's on Page 21. It's Item Number 86 with a construction target date of FYO2. COHMISSIONER CONSTANTINE: Thank you very much. CHAIRMAN HANCOCK: Any further questions? Seeing none. Thank you very much. Item #8A2 FOR MARCO ISLAND INTERLOCAL AGREEHENT - STAFF RECOHMENDATION APPROVED THE TEN PROJECTS AS DISCUSSED We are to the next item on our agenda which is Item 8(A)(2) which is an add on, Marco Island Interlocal Agreement. Mr. Ilschner, did I -- is there something you needed to add on the previous item? MR. ILSCHNER: No. CHAIRMAN HANCOCK: Mr. Cautero, good morning. MR. CAUTERO: Good morning, Mr. Chairman, Commissioners. Vince Cautero, Community Development and Environmental Services Administrator. This morning, I'm asking you to consider and provide direction to staff to prepare an interim interlocal agreement with the City of Marco Island to provide certain planning services, and those planning services would involve only those petitions that would go in front of the Marco Island Planning Board and/or the Marco Island City Council. This would not involve day-to-day administrative procedures, which I will get into in a moment. Within the past three weeks, the Planning Department staff has received numerous inquiries from applicants of various petitions that were filed with the Community Development Services Division that would require approval from the Marco Island City Council since the incorporation. The ten petitions that are on the table as we speak now include five boat dock petitions, one conditional-use application, an off-site parking proposal, one fezone application, one temporary-use petition and a variance application. When the staff started receiving these inquiries, I recommended to Mr. Fernandez that we approach the city council through their interim city manager and recommend that we bring these petitions forward in a normal manner that we would bring them forward to your planning commission and ultimately either the Board of County Commissioners or the Board of Zoning Appeals. Subsequent to that, I put that recommendation in writing on December 8th, and you have a copy of that memorandum in front of you that I gave to Mr. Fernandez. I then spoke with Skip Camp, the interim city manager at Marco, and after discussions that he had with city officials, they invited us in to appear before their planning board last Friday. Skip took the opportunity to invite the city council, and it became a joint meeting. And I believe the entire planning board attended the meeting, and five of the seven elected officials were attendance. After a very productive discussion, I left the elected and appointed officials with my intention, which was to speak to you today about preparing such an interim interlocal agreement. The focus or the focal point, I should say, of the interlocal agreement is for us to bring these petitions forward at an hourly rate of $30 per hour per employee for each petition that is brought forward to the City of Marco for each meeting that we attend. In anticipation of a question that we received at the meeting that I'll explain to you now, being why would you recommend an hourly rate when you're receiving an administrative fee for these proposals. The answer that we gave to the city council and the planning board is that these are petitions or these are proposals that we would not normally be involved in at this point in time, since the incorporation, that was not budgeted for. For example, these include extra meetings that the staff would not normally attend since the incorporation took place, and we may be involved in a situation where overtime would take place which would involve either comp time and/or overtime pay for certain employees, depending on what category they're in. The $30-an-hour rate was derived from an average salary of those employees that would touch the application that would be involved in it, plus benefits. That is our simple, straight forward methodology that we came forward with, and I presented that to Mr. Fernandez. There are ten petitions, as I said. Depending on how the city structures their ordinances, these would involve at least meetings with both bodies, at least one meeting with them. There was some discussion at the joint meeting on Friday as to how they would handle boat dock petitions. For example, your ordinances provide that they are done by the planning commission only. The city is going to be dealing with that perhaps in a separate ordinance. I will point out to you that the charter, the City of Marco Island, contains a provision that the ordinances in place at the time of the incorporation are those that are in effect today, so no ordinance amendments to your documents are in effect in the City of Marco Island unless they should adopt them. So the Land Development Code, as it stood on August 28th, and the and and comprehensive plan would govern the City of Marco Island land use zoning activities until such time as they should adopt their own ordinances. I believe this is the most appropriate way to go since we're involved with these petitions and ultimately we would issue the building permits until such time as Marco should make the change, that's why I made the proposal to Hr. Fernandez that we represent these applications or present them, I should say, to the planning board and the city council. We did have a productive meeting, and I believe there are speakers today. I'll be happy to answer any questions that you have. CHAIRMAN HANCOCK: Commissioner Constantine. COHMISSIONER CONSTANTINE: Two questions on what I think you've covered, but I just want a yes or no. The $30 an hour will cover the cost -- will cover the county's expense for it, for the employees? MR. CAUTERO: Yes, sir. COHMISSIONER CONSTANTINE: The second is, will -- will existing responsibilities of the employees be compromised in any way by the time and effort they need to put forth doing this? MR. CAUTERO: I don't believe they will because we estimate that we would not have to put in more than two or three meetings for this and we would be able to cover for that. COMHISSIONER CONSTANTINE: Great. Thank you very much. CHAIRMAN HANCOCK: Commissioner Berry. COMHISSIONER BERRY: How long will this agreement be in effect? MR. CAUTERO: As long as you wish for it to be in effect. Certainly for the conclusion of the ten petitions, should the board be desirous, if the city council should ask you, or if you wish to include it in the agreement, it is conceivable that we could add a clause in there that states that for petitions that come forward that would normally need to be brought forward to the Marco Island planning board and/or city council, until such time as a staff is in place or to are the City of Marco has made other arrangements. Your question is a very good one in that we are handling the administrative duties day to day, and we are adding those costs day day for a proposal to Mr. Fernandez for early next year. So we are working on Marco petitions daily, as we speak, in the Planning Department and the Building Department. However, these petitions ones that are above and beyond and outside the budget. The agreement could be as long as you want it to be. You can include other petitions or you could limit just to these ten. COMHISSIONER BERRY: Mr. Chairman, I think when we discussed this early on back during the budget cycle and we knew that this was going to take place with Marco, did we not indicate, like through this budget year, that any agreements, and we looked at different things and we talked about through this particular budget year, in other words, by next June, things -- whatever they're going to do on Marco ought to be in place and there should be, at that point, a -- CHAIRMAN HANCOCK: I remember us talking about there being kind of a year to get a lot of things together. COMMISSIONER BERRY: A year to get on their feet and to move that direction. CHAIRMAN HANCOCK: But I never did make any firm decisions on services in that regard. COMMISSIONER BERRY: Okay. But I think we need to look at that. I mean, this was a decision that Marco Island made, and I think at some point in time we've got to cut the umbilical cord. It's time that -- you know, they have chosen to become a city. They are a city. And we're here to -- we're here to help you get on your feet, but then at that point in time, it's time to go, and I think we need -- this can't be something that goes on indefinitely and we continually get this kind of thing. I think there is a time when it's got to -- it's got to change. MR. FERNANDEZ: Mr. Chair -- CHAIRMAN HANCOCK: I don't think we're there yet, but that will happen. COHMISSIONER BERRY: Yeah. Exactly. CHAIRMAN HANCOCK: Mr. Fernandez -- Commissioner. COHMISSIONER HAC'KIE: That's fine. No, go ahead. MR. FERNANDEZ: My understanding of the purpose for the visit down to Marco Island by the staff and the discussion that was held there was to discuss these transitional applications, these that are pending right now. I think, given that fact, it would probably be cleaner if you limited your agreement to those that are pending right now. I -- I don't believe that there was much discussion, and Mr. Cautero could correct me if I'm wrong on that, but I don't believe there was much discussion about an ongoing, continuing relationship there. I think the focus of discussion was on these ten. Is that correct, Mr. Cautero? MR. CAUTERO: That's correct. The focus was on these ten. There was some discussion about long term, but we tried to focus on the petitions that are before you that are before the county that would have to go before the city that are not administrative in nature. CHAIRMAN HANCOCK: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: That solves my problem. That's exactly what I want to support, is those ten, and then we'll look at it as things go forward, but frankly, those ten people need this to happen, and we owe it to them. COHMISSIONER BERRY: I agree. CHAIRMAN HANCOCK: This was one of the things I recognized right after cityhood was established, was that there were people in the pipeline that were going to be severely affected, and we need to do what we can to help assist them getting it completed. I would agree to doing all these. What I would then suggest or of ask of the city council is projected dates on when a city attorney will be hired, which before you enter land use you better have one those, and when a planning advisory board or planning council expects to be appointed. I think that will help give us and the public, both on Marco and off, a time frame when the assumption of those duties, should they so choose, can be taken care of. So those two things -- I know I saw the chairman of city council, Hr. Kallen (phonetic) here earlier. COHMISSIONER HAC'KIE: He's here. CHAIRMAN HANCOCK: There he is. Oh, Harry, I was looking over your head. Those two things, as far as an informational point, would probably help Mr. Cautero in his planning of any petitions that come in and his ability to inform the public. So, I think if we get that, that would be very helpful to see the end of this element as you referred to. COMMISSIONER NORRIS: Mr. Chairman, I believe the planning board's already been appointed. CHAIRMAN HANCOCK: Has it? Okay. COMMISSIONER NORRIS: They're ready to go on that. CHAIRMAN HANCOCK: You're ahead of the game. COMMISSIONER MAC'KIE: Oh, yes, they're ready. CHAIRMAN HANCOCK: Okay. Good enough. Mr. Cautero, is there anything else on this item? MR. CAUTERO: No, sir. CHAIRMAN HANCOCK: Do we have any speakers on this, Mr. Fernandez? MR. FERNANDEZ: No, sir. CHAIRMAN HANCOCK: We do not. Is there a motion? COMMISSIONER MAC'KIE: Motion to approve the interlocal agreement for these ten specific petitions. COMMISSIONER CONSTANTINE: 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: Mr. Cautero, thank you very much. MR. CAUTERO: Thank you. Item #SB1 CONCEPT OF A LIVINGSTON ROAD CORRIDOR JOINT PARTICIPATION AGREEMENT STAFF TO WORK WITH LONG BAY PARTNERS TO ADDRESS CONCERNS WHICH HAVE BEEN RAISED AND COME BACK TO THE BOARD WITH A NEW AGREEMENT to CHAIRMAN HANCOCK: The next item on our agenda is Item 8(B)(1) requesting approval of the concept of a Livingston Road Corridor, joint participation agreement. Mr. Ilschner, good morning. MR. ILSCHNER: Good morning and happy holidays, Commissioners. For the record, Ed Ilschner, Public Works Administrator. This morning, we're here to discuss with you a proposal that was brought the Public Works Division staff in early December by representatives from a group called Long Bay Partners. This was a concept plan to develop a joint participation agreement that would govern and provide for the development of Livingston Road from its current terminus just north of Immokalee Road. And if I refer you to the map that's in in and front of you, it would be that section of roadway that's identified red, and then subsequently past an existing development previously known as the Livingston Woods PUD, and then on to Lee County line, then subsequently to Bonita Beach Road. Many of you may know that this was a project that has some history. The project began, I think, in early 1986, when a municipal services taxing benefit unit was created, and efforts were made to acquire permits to build this particular roadway. Through difficulties associated with obtaining these permits, the project was and delayed and, of course, private backing on this project went away, the project was no longer on a fast track. Long Bay Partners is proposing, and I'm just going to briefly try to briefly cover the main points of the proposal that they have brought forward. They're proposing to build Livingston Road between Immokalee Road to the Collier/Lee County line, and do so in return for road impact fee credits. Their concept proposal points are briefly, the Long Bay Partners would build, fund and construct a two-lane roadway from near Immokalee Road to the Collier County line. Item two in their concept plan is that LBP, and I'll refer to them as LBP from this point forward, would provide fill material for the road project. Item three, LBP would dedicate right-of-way along the road frontage to the proposed development. And item four, these would be Collier County commitments. Collier County would complete the roadway construction plans, permits, right-of-way purchases and mitigation. Let me bring you up to date where we are on that particular area on that point at this point. We have acquired approximately one- third of the right-of-way. If I can refer to the S curve, there is an S curve shown in red, that one-third of right-of-way is up to the first bend to the left in that S curve. The remainder of the right-of- way the 2.1 has not been required. This current budget year, we have approximately 1.4 million dollars in right-of-way monies for continuing purchase of right-of-way. The total cost to take us to Collier County line is estimated somewhere in the neighborhood of million dollars. I might add also that there is an east/west connection of the Livingston Road that comes from the terminus of the S curve over to the U.S. 41. All of that right-of-way for that segment of roadway has been acquired or is included in the Livingston Wood PUD for dedication. With respect to the other commitments contained in that item, Corps of Engineer permits, we have acquired those. The Water Management District permits, we have acquired those. There are Some expiration dates associated with those permits. The mitigation area referenced in that particular item, we have also acquired all the required mitigation area as well. Item five in their proposal is that Collier County would cooperate with LBP to establish a project identification signage at Immokalee Road. And item number six is if Collier County would issue road impact fee credits for residential unit mix to be determined by LBP and in accordance with the ordinance. Issuance of these credits would be phased through a phase-construction approach. Their approach is that they would phase the project, and the first phase would be to the entrance of the project, the second phase to the Lee County line. The estimated cost for the roadway improvement is approximately four million dollars. Now, the density associated with this project will be approximately two units per acre. And the proposal also involves, because there will be surplus impact fees, that Collier County allow the developer to sell or transfer credits to developers, builders or be property owners that receive a benefit from the road. The sale or transfer of these credits and the time frame would done so that there would be no impact on other road projects that have been slated for construction in that district. That's district one. Our staff has reviewed this proposal, this concept plan, and we concur that, as required by the road impact fee ordinance, in order for impact fee credits to be issued, the road does and will serve a public purpose once it's extended to the Lee County line and, subsequently, to Bonita Beach Road. In fact, the staff would indicate that we feel that impact fee credits, as requested by the proposer, should be linked to the completion of the roadway to Bonita Beach Road in Lee County or at least to the completion of the east/west connection to U.S. 41. We're also indicating that we feel the value of impact fee credits should not exceed the investment in the road project. And with respect to that particular item, after visiting with our legal staff, they're recommending that any discussion associated with impact fee credits and their value be determined pursuant to the ordinance and in consultation with our legal staff in Collier County. With respect to the sale or transfer of impact fee credits, the staff would require board direction on this item because previously the board has not allowed the sale or transfer of impact fee credits as requested by the proposer. COHMISSIONER HAC'KIE: Mr. Ilschner, can I interrupt you for a second? MR. ILSCHNER: Yes. COHMISSIONER HAC'KIE: Somebody check me on this, but in my prior life, when I had a law practice, I represented a client who purchased impact fee credits. They were school impact fee credits. It had to do with the Pelican Bay -- a site that had been sited for a school in Pelican Bay that was -- or in Pelican Marsh, maybe, that was sold. If somebody would check that, I'm pretty sure -- COHMISSIONER BERRY: In Pelican Bay maybe. MR. ILSCHNER: We certainly can. that the COHMISSIONER HAC'KIE: happened. COHMISSIONER NORRIS: COHMISSIONER HAC'KIE: sold. COHMISSIONER NORRIS: right? COHMISSIONER HAC'KIE: Yeah, that's right. I'm pretty sure You say that was a school impact fee? The school impact fee credit that was Then that wouldn't be our jurisdiction, No, actually, we -- I had to come to county commission to get approval for it. CHAIRMAN HANCOCK: And they gave it to you? COHMISSIONER HAC'KIE: Yeah. CHAIRMAN HANCOCK: I'm just joking. COHMISSIONER HAC'KIE: Yeah. Hey, I never lost. MS. ASHTON: If I could comment on that. For the record, Heidi Ashton, Assistant County Attorney. There are some agreements out there that do allow for assignment of impact fees. There had been a proliferation of requests for the assignability of impact fees in road -- in the road impact fee arena, the in and we've recommended that we not assign them unless it's a project that staff really, really wants and sees significant savings for county, because we don't want to see a cash-flow problem in our -- our impact fee funds. So the past direction from the board, when we did discuss this item, was not to assign it unless, you know, advising the board that that's what's going on. COHMISSIONER HAC'KIE: MS. ASHTON: Okay. COHMISSIONER HAC'KIE: Ilschner I remember that now. There had been some, before Mr. was here, some times that it happened and you brought it back to us for a policy overall, but I just wanted to make the point that I think it has happened before, because I think it has to happen to make this work. COMMISSIONER CONSTANTINE: Mr. Ilschner, do you see any overwhelming reason why we'd want to change our policy now? MR. ILSCHNER: No, I don't. I would certainly need some time to investigate and more properly answer that, but off the top of my head at this point, I don't. CHAIRMAN HANCOCK: Based on my discussions with staff and with the -- with LBP on this matter, what's before us today is not really the details of an agreement. We're not approving an agreement today nor are we saying this is -- this is set in stone. What is being asked here today, as I understand it, is whether the board is willing to consider an agreement with these elements contained in it to be negotiated by our staff and by the county attorney to be consistent and beneficial to the county as a whole. The reason that this is before us today, and I'm sure the LBP people can expound on this more, is they have a financial issue in front of them that is in the short term and they're just looking for a sense from this board whether or not we feel an agreement of some sort is favorable to have the construction time line on this roadway and the manner in which the construction is being proposed acceptable. And so we could probably get mired in some of the details here, and think it's important for our staff to at least understand concerns from the board, but I think this is rather general in its presentation and probably if there is any direction at all, probably going to be very general in direction. MR. ILSCHNER: Yes, sir. COMMISSIONER CONSTANTINE: I just think at this point if we're going to allow or not allow the transfer of impact fees, we probably need to give that direction before we send staff away today. MR. ILSCHNER: Yes, sir, Mr. Chairman, that was our intent. Staff would recommend approval of the JPA concept -- in concept, and JPA the staff would work with the Long Bay Partnership to develop a for board approval. I would like to point out that we also feel the approval of this concept should not be taken as an approval of any specific condition as contained therein. We have, representing the Long Bay Partners, this morning, Alan Reynolds of Wilson/Miller, who is prepared to present additional to information for you from the perspective of the proposer. COHMISSIONER CONSTANTINE: I have a couple more questions for staff. Explain to me number five, the signage. I assume that's in perpetuity. What does that mean? MR. ILSCHNER: That's an item we would probably not bring back you as a requirement in any JPA. That was a request by the developer to have a permanent signage identifying the project and its location, et cetera, at Immokalee Road. We don't believe that's something that the Collier County Board or the staff should participate in the future. CHAIRMAN HANCOCK: Signage is one thing. Permanent? MR. ILSCHNER: Yeah, that was the thing that -- CHAIRMAN HANCOCK: The word permanent kind of scared me a little in there. COHMISSIONER CONSTANTINE: I just don't know if public land signage is necessary anyway. I understand the marketing aspect of that, but I don't know it's something the county needs to be involved in. MR. ILSCHNER: That is correct. COHMISSIONER CONSTANTINE: When are we assuming the necessity for another north/south roadway? HR. ILSCHNER: There are some points that the proposer will bring out that will answer specifically that question. COHMISSIONER CONSTANTINE: I'd like to hear what your opinion on that is -- MR. ILSCHNER: Certainly. COHMISSIONER CONSTANTINE: -- as opposed to someone who's hoping to build on that. MR. ILSCHNER: Certainly. The completion of the roadway system from Immokalee Road to Bonita Beach Road, certainly for the future, will, I think, provide an alternative north/south segment or route that, I think, is a vital link to our transportation network that will offload U.S. 41 and also offload 1-75, which I think will be imperative in the future. As you know, we are now involved in the process of widening U.S. 41. There reaches a point where you can't widen anymore, and with this particular linkage, I think it provides that vital link that will provide that access into Lee County and also into Collier County that will offload those two facilities. That's the primary -- COHMISSIONER CONSTANTINE: Agreed. My question was when do you It see -- MR. ILSCHNER: Oh, I'm sorry. COMHISSIONER CONSTANTINE: -- that as being a necessity. MR. ILSCHNER: I'm sorry. It is not presently in the current CIE, five-year CIE. It is not in the immediate ten-year horizon. is certainly in the 2020 plan. So from the standpoint of when it would be necessary, it's probably going to be somewhere in that ten-year horizon. COMHISSIONER CONSTANTINE: Follow-up to that is if we moved ahead with this agreement, when would we likely see that final connection to we us has Lee, because it's not a north/south connector until it connects. MR. ILSCHNER: That's one of the concerns the staff had that feel like it really becomes a public benefit when it does make that connection. If the developer were to begin construction of the first phase and second phase, the connection would actually take place when Imperial was connected, too, at the Lee County line, but that's a deficient roadway. So there would have to be some additional improvements made by Lee County. I'm thinking we're looking at, at least, six, maybe seven years before all that might take place. COHMISSIONER CONSTANTINE: What have the Lee County folks told on that? MR. ILSCHNER: Our staff nor the proposer, to my knowledge, had an opportunity, because of the short time frame of this proposal, to contact the staff there and visit on that issue. CHAIRMAN HANCOCK: I agree with you 100 percent, and that becomes the lynch pin when you look at the public benefit of this roadway, either that or the east/west through to U.S. 41. That way it becomes a part of the system. Otherwise, as I explained to the petitioner, it's a dead end for the purpose of a development, which is not a public benefit, so -- COMMISSIONER MAC'KIE: Right. CHAIRMAN HANCOCK: -- it's either -- I did talk to Commissioner John Manning in Lee County very briefly about the concept of the project. They already have, I believe, a lime rock roadbed -- MR. ILSCHNER: That's correct. CHAIRMAN HANCOCK: -- that extends south to the county line there. We didn't go into detail, but he seemed initially fairly receptive, because of our success in working together on Bonita Beach Road, that joint projects between Collier and Lee to benefit both roadway systems is something we should pursue, but that was the nature of our discussion, but that was just two individuals. So the link to Lee County or the east/west, before it becomes a the for roadway of public benefit, to me, is a lynch pin. Without that, rest of this is really irrelevant. My question for you, Mr. Ilschner, we currently have permits the right-of-way of Livingston Road; is that correct, for roadway construction? MR. ILSCHNER: That is correct. CHAIRMAN HANCOCK: When do those permits expire? MR. ILSCHNER: The Corps of Engineer permit, I believe, expires in 2005, and the Water Management District permit, I believe, expires in the year 2000. COMMISSIONER MAC'KIE: They require commencement of construction to keep them alive or -- MR. ILSCHNER: Yes, that's correct. CHAIRMAN HANCOCK: They can be extended, but I think you have to for do restudies for the extension. MR. ILSCHNER: Yes. That's correct, yes. COMMISSIONER MAC'KIE: And these -- these were extremely difficult permits to get, as I recall. MR. ILSCHNER: They were, yes. CHAIRMAN HANCOCK: How much have we spent to date preparing the potential acquisition of this corridor; any idea? MR. ILSCHNER: I think I have that in an executive summary here. permit __ orl CHAIRMAN HANCOCK: The one that concerns me is the Corps COMMISSIONER MAC'KIE: Right. CHAIRMAN HANCOCK: -- not really knowing what's on the horizon with the Corps of Engineers. MR. ILSCHNER: We've spent approximately 4.4 million dollars the project so far. We've spent 1.5 million dollars on right-of- way, 1.1 million dollars on design and the permitting process. I don't have a break out of how much of that was a COE permitting, and then the mitigation, approximately point six million dollars. CHAIRMAN HANCOCK: We're already well in excess of six and a half million dollars expended on this roadway with a couple of permits, probably the most critical of which has a time frame of 2005 before we the have to go to the Corps on hand and knee? MR. ILSCHNER: That's correct. COMMISSIONER MAC'KIE: How are we as far as compliance with conditions of the permits, if you don't mind my just jumping in there? MR. ILSCHNER: From my knowledge, we are still in compliance. If we do not exercise the permit, of course, the permit will lapse. are as COMHISSIONER MAC'KIE: I guess what I meant were that there conditions for affirmative actions on behalf of the county as far mitigation. How far are we in -- MR. ILSCHNER: To my knowledge -- to my knowledge, we have complied with the mitigation aspect, I think. Adolfo, would you be prepared to answer the other question, please? COMMISSIONER MAC'KIE: Have we completed the mitigation requirement? MR. GONZALEZ: For the record, Adolfo Gonzalez, Capital Projects Director. We've spent about $600,000 in acquiring a 430-acre parcel that was the primary component of the mitigation site. There are some restoration obligations on our part. They're all tied to the construction of the road. COMMISSIONER MAC'KIE: I see. MR. GONZALEZ: Most of them are within six months of starting road construction. We have to build some water level control structures, do some site restoration, preserve some areas, plant Some trees, do some monitoring along the corridor, things of that nature. COMMISSIONER MAC'KIE: But they are -- have to do with commencement of construction? MR. GONZALEZ: Yes. COMMISSIONER MAC'KIE: Thank you. MR. GONZALEZ: The only thing we're required to do right now is on report to them on an annual basis what we have done. COMMISSIONER MAC'KIE: Thanks. COMMISSIONER BERRY: Mr. Chairman. CHAIRMAN HANCOCK: Yes, Commissioner Berry. COMMISSIONER BERRY: I just have a question. You had mentioned you have so much money for right-of-way purchase? MR. ILSCHNER: Yes. COMMISSIONER BERRY: How does that affect any of our other roadway projects? MR. ILSCHNER: The existing right-of-way is already -- the 1.4 million dollars for this budget year is in there and has no impact any current project. There are some additional funding requirements that would need to be considered next year. If we commit to continue right-of-way purchasing, that might have an impact. We need to be able to study that as a staff, which we have not looked at at this point in time. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Mr. Ilschner, going over to the map here, going into the Lee County segment, that's the critical part. If we don't go to -- if we don't go up into Lee County and connect to is is something, the road's not of any value to us. So the little yellow segment I can understand that is not there, but did I hear somebody say that there is a lime rock bed there? MR. ILSCHNER: Well, it is there to the Lee County line. It an existing roadway called Imperial. COHMISSIONER NORRIS: Where does that go -- MR. ILSCHNER: It's a deep -- COHMISSIONER NORRIS: Where does it go to the north of Bonita Beach Road? MR. ILSCHNER: It stops at Bonita Beach Road at this point in time. And I understand, in visiting with some planners, that there no plan to carry a four-lane facility north at that point. They plan to disperse, in their particular plan, to two-lane roadway systems or disperse the traffic that would reach Bonita Beach Road into two- lane road systems north in between 1-75 and U.S. 41. COHMISSIONER NORRIS: Well, how does that then affect the viability of a north/south connection in our county called Livingston Road? I mean, if it just goes up there and T-bones into a two-lane road, it doesn't appear to be of much value. MR. ILSCHNER: That is something staff needs to work on and do some modeling on to determine what impact that would have, and I'm not we an prepared to answer that question today. COHMISSIONER NORRIS: The other part of the discussion is that would be relying on Lee County to take some action, and we have no control over that whatsoever. MR. ILSCHNER: That's correct. CHAIRMAN HANCOCK: Again, as I envision it, we'd have to have agreement with Lee County in order to pursue this. I mean, that would have to be a necessary part of it because you're right, why would you go down this path if you don't have a firm commitment from Lee County. So I would put the onus of that negotiation on LBP to accomplish that if this is going to move ahead because, like I said, that is a critical link. I had something else, but let me go ahead and defer. Are there any further questions of our staff? Okay. We have a presentation from a representative of LBP Mr. Reynolds. MR. REYNOLDS: Thank you. Good morning, Mr. Chairman, members of the commission, Alan Reynolds with Wilson/Miller. First, I want to thank Ed Ilschner and his staff because they have responded to this request in a very short period of time, and we appreciate that. The -- excuse me, the request before you is a conceptional approval of a JPA and the reason we are bringing this forward as a conceptual approval are two reasons; first and foremost, we recognize the short period of time did not allow a fully-executed agreement to be brought forward to you, and my client has to make a decision at the If end of this week as to whether or not to proceed forward with the acquisition of the two pieces of property that would constitute the project. So what we were looking for is basically your indication as to whether or not the concept that we are proposing works in concept. it does, we will proceed forward, work with your staff, bring back final agreement that will cover the details of some of the points that you have brought up today, but, as importantly, if this concept is not something that you feel you want to pursue it, we would very much appreciate that indication today so that we can make an informed decision by the end of the week. The details of this, and you have a packet in front of you that has been distributed, and it summarizes a couple things. First of all, it summarizes the essence of the agreement concept that we have proposed. It also includes three sheets that show you how we would propose to phase the project. And I would point out to you that the Lee recognizing it's a Lee County road. to you proposal that we are making does, in fact, address the segment in County to the extent that Collier County can address that, But I can tell you that it is our intent proceed forward. If we get a conceptual approval from you and to initiate this exact same process with Lee County with the intent of getting to a joint participation agreement with Lee County that would construct that last piece of road with an impact fee credit, and we have had discussions with people in Lee County and we feel pretty confident that Lee County will be very receptive to that, but recognize that all are the ones that drive the process. There is really no benefit to Lee County to be programming that segment of roadway if there is not a road to meet up with, and wewre talking here about a three-mile segment. We're talking in Lee County about a one-mile segment that's already partially in place. So it's important that Collier County proceed forward with its part and then we can, I think, get Lee County to likewise look at this, because, frankly, it's a great deal for both counties. Long Bay Partners also happens to be a unique position because they have an extensive amount of development activity in Lee County. Long Bay Partners is an affiliate of Bonita Bay Properties, so I think you have a developer here that not only has the wherewithal to carry this out, but you have someone who is able to handle both sides of the deal, so to speak, because of the projects that they have in Lee County. The proposal is very simple, and, frankly, it is one that you have approved in one form or another in many instances in the past. A private party will build the road. They receive a value in the form of impact fee credits and that is -- will be done in accordance with a phased construction schedule. In your packet, we've also included a summary of the public benefits of this, and I would take issue with the notion that constructing this roadway in phases doesn't have any public benefit until it's fully connected. If you look at decisions you have made in the past as far as road impact fee agreements, anytime that you are approving a road impact fee proposal, it must be something that's in accordance with your adopted plan and it must be basically a piece of the network. Clearly, what we're proposing to you today is, frankly, not only that, but, frankly, quite more than that which is actually getting that link established, not only from here to the county line, but ultimately to Lee County, and I'll address that in a second. CHAIRMAN HANCOCK: Mr. Reynolds, that's the difference, is when it's wholly within Collier County, those links we have control over, the future development of the links. That's why I made the statement that because it's not in our control, if we don't assurance of that final link being done, then it, in essence -- I understand the benefit of it being there, but that final link doesn't occur, then that's the benefit question, not necessarily the individual phases. MR. REYNOLDS: I understand that completely and, frankly, that's why in our proposal we have addressed the entire segment up to Bonita Beach Road, even though in prior instances, most recently in the Carlton Lakes agreement, you approved an impact fee credit for only building 700 feet of that roadway, and they got a full impact fee credit for that, and there was no part of a plan in their proposal to get it all the way up to Bonita Beach Road. So I think the important thing is, is that we're -- not only are we addressing it in accordance with the ordinance, but, in fact, are proposing a larger plan that actually gets the full segment established. Why is this good for Collier County? There are a number of reasons why it's good. One is that it's going to save a substantial amount of money to the citizens of Collier County. What we are proposing in this is to construct a road segment and a by accomplishing that earlier than the county would probably be in position to do so, we save not only the county the carrying cost of those funds, but F.D.O.T. conservatively estimates the inflation on road projects increasing at four to five percent per year. And when you're talking about a four-and-a-half million dollar road improvement, that is a significant amount of money that would accrue to the benefit of Collier County. Secondly, the discussion has been made about the permits. These were some of the more difficult permits that Collier County has ever tried to achieve. In the case of the Corps of Engineers permit, you filed your applications in 1990, and you received your permit in 1996. That was a six-year process to obtain that permit. The Corps permit requires the construction of the roadway in order to complete the permit. So if you think about the timing of this roadway, if the permit expires in the year 2005, and it's going to take you somewhere between a year and a half or so to build the road once it's funded, you would be looking at the need to include this project in your CIP. probably next year in order to make sure that you can take advantage of that permit that you have invested a significant amount of money in. The South Florida permit has an even earlier expiration date in get to it the year 2000, and that permit, although there is a possibility to that extended, are clearly already behind, frankly, in being able get the road program in place if the county proceeds forward with without losing that permit. So I think those are very important considerations. Another point is how important this road segment is to Collier County, and I will tell you that, in my opinion looking at it, there yOU yOU iS no more important road segment in Collier County, and I'll tell why. If you look at the map and you look at north/south corridors, you can see, with the exception of U.S. 41 and 1-75, west of 1-75 have no other arterials that are planned to extend up to Lee County. You can also see that Goodlette Road and Airport Road both terminate at Immokalee Road. And then if you look at the northern part, you're familiar with the fact that we've got Old 41 and New 41 coming together. So what you have here is the classic bottleneck in road transportation networks. And the solution to that bottleneck, which is putting all of those trips onto Immokalee Road and then onto those other two roads, is this road segment. So this is a highly- important segment to Collier County. Another advantage to Collier County in this kind of agreement is it's partially self-funding because you will note that -- that in receiving road impact fee credits, many of those credits, including the ones that would accrue and be used by Long Bay Partners in their project are impact fees that aren't realized until you have the road in place. And if the county has to go forward and build the road, then what they have to do is wait for those road impact fee revenues to come in over time. In the case of our project, that would probably be over a seven to eight-year time period to absorb those credits, and only when the road is built. Just our project alone, we estimate road impact fees between 1.1 and 1.5 million dollars. So those are revenues that you cannot plan on right now to implement your road network until such time as this road is actually in place and there are other properties. I mentioned the partnership with a proven developer, and I don't think I need to elaborate on that except to say that there are very few people who could bring this kind of proposal forward to you because what we're talking about doing is investing four and a half million dollars into your road network and we are doing that with a project that will only generate about 25 percent of that in road impact fees. (Commissioner Mac'Kie leaves the room.) MR. REYNOLDS: So the issue of being able to take the residual credits and have a plan that you approve that allows us to assign those or sell those credits is absolutely essential to this proposal. Without that, this does not work. It's just that simple. the the you you of We cannot leave three to three and a half million dollars on table without some way of recovering those dollars, but I would suggest to you that the -- that there are instances, in fact, that county has allowed excess credits or credits to be assigned and marketed. And, in fact, in one instance, I know of a case where allowed a cash reimbursement to the developer for any credits that could not be used. So I don't think that approving -- COMMISSIONER CONSTANTINE: What instance was that? MR. REYNOLDS: Pardon me? COMMISSIONER CONSTANTINE: What instance was that? MR. REYNOLDS: That was the Carlton Lakes agreement. So I -- you know, I understand that we need to come back to with all the details of this and -- but understand that it is very important to our client that at least these conceptual, you know, points be addressed one way or the other today. I really hope, on behalf of my client and, frankly, on behalf Collier County, that you can approve this in concept, and I can assure you that when we come back, the issues that have been raised by the staff that are important, we recognize the importance of those as well. And the issue of phasing I will address for just a second. Mr. Ilschner made the comment that the ordinance requires that if you enter in this agreement, you do so in a way that the road impact fee credits that would be issued would not have a negative impact on your funded-road program. (Commissioner Mac'Hie enters room.) MR. REYNOLDS: And that, in fact, is a requirement of the ordinance. The way we think you can accomplish that is what we have proposed in concept which is phasing of the project. What that does is it allows the pieces to be built, in our case, we're talking about three segments, and then the road impact fee credits can be issued in phases. So what that does is gives us a manageable way to make sure the amount of credits that are being issued are taking place in a phased way so that you do not have a large number of impact credits coming on line at one point in time. But beyond that, what you will see in our proposal is we are leaving a substantial number of credits on the table until such time as the road is completed to Bonita Beach Road. So there is a -- in fact, in our proposal, a huge incentive to Long Bay Partners to make sure that they get the agreement in Lee County executed. We have a four and a half million dollar road project. We only way in receive 2.5 million dollars of credits until the road is all the up to Bonita Beach Road. So we have 1.75 million dollars invested the road that's dependent on our ability to get a similar kind of agreement worked out in Lee County. So beyond all the other reasons why this is important, I can tell you the dollars and cents of it make it absolutely essential that we follow through with what we say we're going to do. CHAIRMAN HANCOCK: On the point of phasing impact fee credits, just so I understand, in essence, plus or minus a year or two, your impact fee credits really would not be available fully to you until approximately the time that it would have taken us to build the roadway -- to accrue dollars and build the roadway anyway. Is that about a similar time frame? MR. REYNOLDS: That's correct. Right now, it will take your staff probably the -- a year and half or so to complete the right-of-way acquisition, complete the construction plans and the permitting update, so we are looking at tentative schedule of commencing construction in the year 2000. So the first year in which we would be talking about road impact fee credits accruing would be in the year 2000, but those credits are going to be tied into our project, so that has -- that has no negative -- and, frankly, all positive impact to the revenue stream that you are already planning on. Then the next segment -- I mean, we would hope that we'd be able to get this thing done in a couple, you know, couple years after that, get the pieces in place, but doing that and then staging the credits in such a way as you issue the credits concurrent with the road, you're not looking at all of those credits coming on line at once. But if you look at road impact fee, district one, which is the district that these credits could be used in, that road impact fee district has consistently outperformed your estimates for budgeting purposes. And I'll give you a for instance. Last year, I think your budget called for maybe 2.8 million dollars in road impact fees in district one. You collected 3.7 million dollars in road impact fees last year in that district. And in we have done an extensive amount of study of that district because it's important on our side to make sure that we believe that there, fact, is going to be some market for these credits, the excess credits. We're very confident the road impact fee, district one, is going to continue to be the district that is going to be generating the lion's share of road impact fees in Collier County, at least three million dollars a year, and perhaps more. And this exhibit shows the or by boundaries of road impact fee, district one, that are outlined in green, so you can see it's the high-growth area of Collier County. One last comment I would like to make and that has to do with U.S. 41. Right now, the six-laning of that road segment is funded is in the road plan, and it is scheduled to be completed, I think, the year 2000. But once it's completed, that's it for U.S. 41. There is a D.O.T. policy that says that you cannot expand that beyond six lanes. Our analysis shows that that road will fail from a concurrency point of view not too long after it is six-laned, and it's a matter of several years before that road will reach its capacity. 1-75 right now is the only existing road that you have that could possibly provide relief to that. Our analysis shows that road, likewise, is probably going to fail long before the D.O.T. has scheduled funding for it. The solution to all that -- COHMISSIONER CONSTANTINE: Plug in some years in there. It's easy to say 41 will fail very shortly thereafter. Does that mean six months? Does that mean six years? MR. REYNOLDS: We think before the year 2005, you're going to reach your concurrency levels again on U.S. 41 if this road is not in place. COMMISSIONER CONSTANTINE: How about 1-757 You said long before they even appraved funding. MR. REYNOLDS: 1-75, Ran, do you have a projection on that? MR. TALLON: They're trying to maintain level of service B on that road. COMMISSIONER MAC'KIE: Why don't you come up and speak in the mike, please. MR. TALLON: My name is Ran Tallon (phonetic). I'm with David Plummet and Associates, a traffic consulting firm. The Florida D.O.T. is trying to maintain L.O.S.C. as their standard on the interstate, so it will be some time before it reaches the L.O.S.E. or F. threshold, but it will be exceeding L.O.S.C. probably in five to ten years' time. COMMISSIONER CONSTANTINE: And where is D.O.T. right now on reviewing necessity for extra lanes? MR. TALLON: The current plans for Collier County show it at four lanes, and the prior reason for that is, in the development of that plan, THE county was advised -- the M.P.O. was advised that there were no funds available from Florida D.O.T. to be widening 1-75 beyond its current four lanes. COMMISSIONER CONSTANTINE: There is no funding in what time frame? MR. TALLON: Through year 2020, there's no funds available for widening 1-75. COHMISSIONER CONSTANTINE: And there's no ongoing review of that right now? MR. TALLON: That may be the case, but at this time, though, there has been no notification that -- COHMISSIONER CONSTANTINE: I'm not asking if there has been a formal decision made. I just don't want to mislead the public into thinking the Florida Department of Transportation isn't looking and doesn't have any intention of looking, until 2020, at any additional funding if 1-75 gets too crowded. They are doing a review right flow of to look at needs. CHAIRMAN HANCOCK: Well, we look every year at every road. COHMISSIONER CONSTANTINE: Not just us, but Florida Department Transportation is looking at 1-75 and the needs in Southwest Florida currently, so I don't want anybody to be mislead on that. MR. REYNOLDS: That's a very good point, but what we're telling you, is based on the adoptive plans today, there is no money to do that through the year 2020, but in comparison to that, this road segment is not only in your 2020 plan, it is shown in your 2010 financially feasible plan as a six-lane road. You know, you recognize that typically you don't start off building a new road corridor in six lanes. You start out by a two-lane or four-lane and expanding it. So if you start backing up from the year 2010, it reinforces the conclusion that we have reached, and that is, that, frankly, Collier County will need to be looking at this very closely next year as a county-funded road improvement in order to preserve your permits, make sure the road is completed in timely way, and avoid, frankly, some -- some difficulties with respect to the network because the value that this gives to the network goes beyond just 41 and 1-75. If you think about it, Immokalee Road probably carries the lion's share of that impact, because if you are heading north, you T into Immokalee Road at Goodlette Road or at Airport Road. You must go east or west in order to proceed forward north. So the segments of Immokalee Road, particularly the ones that extend east out to 1-75, right now, are significantly impacted by trips that could be using this roadway, if it was part of the network, to extend on into Lee County. So, you know, we think, again, that what we're proposing in this concept is -- certainly meets all of your criteria. It meets your ordinance. It's a great deal for Collier County. It allows a -- it allows a developer to proceed forward and, frankly, take on a responsibility that we have been hoping for over ten years now would be borne by the private sector, and what we're bringing you today is a private-sector solution to that problem that we don't see any other alternatives out there. The MSTU that was created almost ten years ago and has already expended, both the county and the property owners a fair amount of money, at least at this point, we don't see a viable proposal to resurrect that, so, you know, I hope that you would give us the opportunity to work out the details of this with staff, bring it back to you, but I hope you would also appreciate that, in order for this to work for our client, that the basic premise of what we're talking about, which is road impact fees phased with the construction and the ability to market excess road impact fee revenues are critical items to our ability to proceed forward and work out an agreement. COMHISSIONER CONSTANTINE: Mr. Ilschner, I asked you earlier in up the hearing about when this road would be necessary, when the necessity for this would -- you said possibly in 2010 but it showed for sure in the 2020 plan. Mr. Reynolds has just said it shows up maybe I misunderstood, but I think Mr. Reynolds just said it shows up in the 2010 plan as a six-lane road. Which one of those is accurate? MR. ILSCHNER: Mr. Reynolds is correct. financially feasible plan for a six-lane facility in 2010, yes, sir. It is in the COMMISSIONER CONSTANTINE: Do we see it as a necessity at that point? MR. ILSCHNER: As a six-lane facility and a necessity at that point, not probably as a six-lane facility, no, but as a four-lane facility. COMMISSIONER CONSTANTINE: What I'm wondering is if we do go ahead, then if we're going to start construction in 2000 and then take a year and a half to build so we're into 2002, and if within seven or and eight years, it's going to need to be maybe six-laned, why would we want to build it as a two-lane and tear it up three or four years make it a four-lane or a six-lane? MR. ILSCHNER: I think I can answer that, Alan. It would be designed and constructed so that there would be no destruction of the two lanes that are constructed. We'd build half the roadway and then the other four lanes -- two lanes would be built in the future to meet that need. I don't ever foresee it being a six-lane facility because of the plans in Collier -- in Lee County, the their transportation network plans. COMMISSIONER CONSTANTINE: Thank you. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Thank you, Mr. Chairman. I don't have a particular objective to -- objection to having segments built as long as the impact fees are consumed within the project. The transferring of the impact fees or sale of impact fees is what's causing me some concern, because the development that's associated with the building of this roadway segment today is not going to cause any impacts, particularly on any of our road networks, except for the people who have to drive to get there, but if some impact fees are sold to other areas within even the same district, then you have a situation where people who are creating impacts currently are not providing the funds to help improve the roadway networks associated with their particular development, and that's the problem I have. As long as all impact fees are held within this particular development, I have no objection to going forward with it, but it's the sale or transfer of impact fees that concerns me. CHAIRMAN HANCOCK: Would your concern be lessened if it were limited to properties that accessed the Livingston Road Corridor because they actually would be creating a direct need for the roadway? COMMISSIONER NORRIS: Yes, it would. CHAIRMAN HANCOCK: Okay. I'm not sure what that would amount to, but that was one of my early concerns was, you know, somebody pays impact fees down here, you know, at 896 and Goodlette Road and it gets kind of consumed because of a -- you know, the initial impact to those funds because of this construction, and that didn't seem to make a lot of sense to me. However those that are, say, north of Immokalee Road that are actually generating the need for this roadway segment seem to make a lot more sense. Now -- so it's that kind of, again, details that I'm looking for. I -- I guess I want to -- there was a couple of points that I made as you were discussing -- we already discussed how the phase plan would not adversely affect our road program. As the ordinance indicates, we cannot allow that to happen, so our staff would be vigilant on that. This is -- we know that we're going to have to build this roadway. We know that we have permits that expire in 2000 and 2005, respectively. We know that the latter of those two permits may be difficult to get extended, so what I'm concerned about is it's never popular or attractive for someone on this board to enter into an agreement with a developer for the purpose of building a roadway before it is a dire need. You know, I think we all recognize that, for whatever reason, because there is this mind set that if we don't build the roads, people won't move here. If we can avoid building them, then there is no room for anyone else to come. The communities that have tried that, such Sarasota, when they stopped building the roads and said look, we need to catch up, let's just stop it all right now, or they tried to restrict them in such a now way to slow down growth, are paying the price three and ten fold because of that decision. I look at this as you can see it as a liability because it is quote, unquote, encouraging development, or you can see it as an opportunity to purchase today what will cost you 5 percent per annum more in several years from now. In addition, and this is a discussion I had with Mr. Reynolds and his he has offered to sit down and work with me, and I don't know if client would pay him for that or whether he's just being a good guy, but there is a North Naples -- COHMISSIONER HAC'KIE: Or both. CHAIRMAN HANCOCK: -- master plan going on right now that is looking at the fact that this is the last big tract or area of land from Immokalee Road north to the county line that is, for the most part, undeveloped, with the exception of Imperial, being kind of a big element in there. This is going to have a tremendous impact on all the facilities in North Naples. And rather than doing the arterial activity center concept we've done in the rest of the county, we have an opportunity here, with a clean slate, to design something that benefits the entire community as this area develops. And I see this roadway corridor and the east/west section as being the backbone for that opportunity to make a better mouse trap than what we have throughout the rest of the urban roadway system, and I want to be a part of doing that. So I put all of that together, and in the end, I have someone who to says, we'll build it, we'll hold the note and we're not going to charge you interest. If there is banks like that out there, I want know the names of them. So I'm -- I think there is reason enough to ask our staff to work with the petitioner to determine if the concerns that have been raised can be answered effectively and to have the opportunity to look at that agreement to determine if it is in fact in the best interest of Collier County financially and as an overall perspective for the or the if up community, and that's really all that I would ask that we do today. Commissioner Constantine. COHMISSIONER CONSTANTINE: I don't want to be as melodramatic about Sarasota. We're not talking about restricting our existing roadways or anything else. CHAIRMAN HANCOCK: Agreed. COHMISSIONER CONSTANTINE: I think Sarasota took it to a new level, but -- CHAIRMAN HANCOCK: Never to be seen again. COHMISSIONER CONSTANTINE: First, I think the folks who are involved here in Bonita Bay, they've done a wonderful job on the various projects they have been involved in and so on and so forth. I do have a concern, like Commissioner Norris, on the selling assigning of credits. I'm not comfortable with that, even on other parts of the corridor. I have a real concern that we're giving credits in excess of amount needed within the community. I realize the work may end up exceeding what that would be, but frankly, they are building a particular community. There are impact fees that go with that, and those need to be credited, if there is an exchange there that ends moneywise, fine, but excess over and above that concerns me a little bit for a number of different reasons. Also, and I assume we'll have this conversation with Lee County and try to get some formality before we move ahead with this, but Mr. Reynolds said he took exception with our suggestion that it doesn't have a public benefit unless it's connected to Lee County, unless we get that connection through, and yet you have a couple of pages, three pages here of public benefits of Livingston Road. And if you'll indulge me, I'm going to go through them, because all except one of them, every single one of these benefits that the petitioner has given us require that linkage to Lee County to be a benefit, and so I don't understand the exception. The first one talks about long-range transportation plans of both Collier and Lee, and we've talked about that. While it's not a necessity for at least ten years, it does get us ahead of the game, but -- provides north/south continuity in the highway network, not until we link up with Lee County. Provides relief to traffic congestion on U.S. 41; not until we connect through. Provides relief to traffic congestion on 1-75. Again, it doesn't -- there is no relief if it dead ends up there. Improves traffic operations at several critical intersections, and it goes on to give an explanation of how it will divert traffic away; not unless it outlets somewhere up there. Provides concurrency relief, talks about U.S. 41 and concurrency issues, as Mr. Reynolds mentioned. Again, not until it links through. Helps implement a grid road network; not if it dead ends up there. Provides improved accessibility to Bonita; not unless it goes to Lee the The Bonita Beach Road. Provides improved accessibility to Southwest Florida International Airport and F.G.C.U. Every single one of those requires that we work that out with County and have that connection through, and so -- MR. REYNOLDS: Commissioner Constantine, if you would go to last page of the summary I gave you and the first three points. first three points on that piece of paper outline the benefits that accrue to Collier County even prior to the linkage up to Bonita Beach Road. So, granted, the ultimate benefits occur when the network is in place, but those three benefits, which are getting the road in place before your permits that you have invested heavily in expire, reducing the cost of construction and right-of-way acquisition is a significant benefit, I believe. And probably the last one is the most important. You've got a three -- you really have a four-mile road that needs to be built here to connect the two. If you have a plan in place to get three out of four miles built, when the time comes that you have a concurrency problem, I would suggest that it would be a lot easier to get that last mile handled if the road is in place than it will be if we have just sat and waited. So I think those benefits are tied directly to what we're proposing and -- COHMISSIONER CONSTANTINE: I'm saying the plan is wonderful if we have a plan how to get that last mile, but I'm not willing to gamble the expense if we don't have that other plan. Mr. Ilschner, the question, again, when we get into the concurrency issues, at what point, what year do we expect to be deficient and absolutely need this? MR. ILSCHNER: Let me ask Ed Kant if he has a more definitive answer to that. Ed, do you-- COMHISSIONER CONSTANTINE: While Ed's coming up, let me ask you another question. be If the permits that expire in 2005 -- does the project need to completed before those permits expire or do we need to have some action on those before the -- they expire? MR. ILSCHNER: I believe the answer is we have to be under construction, not complete. COMMISSIONER CONSTANTINE: Okay. So really we have another eight years, if we chose. I'm not saying that's the best avenue, but we have another eight years, if we chose -- MR. ILSCHNER: Approximately. COMMISSIONER CONSTANTINE: -- to get started. MR. ILSCHNER: Except for the Water Management District permit. COMMISSIONER CONSTANTINE: Right. I understand. COMMISSIONER MAC'KIE: We have two years on that one, I guess. COMMISSIONER CONSTANTINE: We're not going to -- even if we follow this, we're not going to start in that time frame. We're just under the gun in that frame. We're going to need a renewal there. MR. KANT: Edward Kant, Transportation Services. The question that was asked specifically was at what year we'll become deficient. That -- for a roadway segment that doesn't exist, there is no deficiency. This particular roadway segment that is -- any segment of Livingston Road except for that short segment that now And the exists from Golden Gate Parkway north, is a system improvement. the implication is that, when we become deficient on other segments and we have to divert traffic into another corridor, that's when value of this segment becomes apparent. I think that -- and again without -- COMMISSIONER CONSTANTINE: And that's my question is we're being told that this is going to save us from becoming deficient on parallel corridors. And I'm asking you when do we anticipate that? MR. KANT: As an example, U.S. 41, from Immokalee Road to Vanderbilt Beach Road, in the most recent capital element, shows a deficiency date of 2003. CHAIRMAN HANCOCK: That includes the six-laning? MR. KANT: I beg your pardon? CHAIRMAN HANCOCK: That includes the six-laning or not? MR. KANT: No, that shows as a four-lane segment. COMMISSIONER CONSTANTINE: Right. MR. KANT: Once the road is six-laned, obviously that deficiency date is going to change. The problem here is that that is not yet under construction so we're still looking, as we stand here and discuss this, at a 2003 deficiency date. That's only one segment. If we move to a different segment of that roadway, and again, as an example, from the -- here's a segment which is already six-laned from Golden Gate Parkway to Fourth Avenue North, which is much further south, shows a deficiency date of 2001. Every one of these segments is reexamined every year. The MPO has a process of going through this, so what we need to do is we need to look at that whole segment -- that whole system of the north/south roadways, which is U.S. 41, Goodlette Road, Airport Road -- COMMISSIONER CONSTANTINE: Let me ask you -- MR. KANT: -- and factor Livingston Road into that mix. COMMISSIONER CONSTANTINE: Let me ask a really simple question and maybe -- if you don't have an answer, just say you don't have an six answer, but we have construction planned for U.S. 41 to make that lanes. It's not six-laned today, I know that. But there is a plan before 2003 to have that six-laned. MR. KANT: That's correct. COMMISSIONER CONSTANTINE: When that is six-laned, at what point would it become deficient if we didn't build this road? MR. KANT: I can't answer that question today, sir. COMMISSIONER CONSTANTINE: Right. I don't know how Mr. Reynolds is answering it then. And maybe you've done the study and our staff hasn't. Maybe that's how you answer it. But to be told that we're saving deficiency on U.S. 41 and I- 75 one by building this in the year 2000, I don't know is a completely accurate statement. My point is that, as we look at the public benefits, and I'm looking at the summary that you gave us, I'm not just picking at random, I'm looking at the summary sheet that you gave us, that one out of one, two, three, four, five, six, seven, eight, nine items, of those is not dependent on a link going all the way through. The other eight are. And so if we can work something out with Lee County and we can find a way to save some money and we can actually have a realistic impact on deficiencies at 41 and at 75, great. They haven't been able to tell us that we are going to have an impact on deficiencies. No one has been able to tell us that we have an agreement. I do appreciate you making a call ahead of time to Commissioner Manning that hopefully we can work something out with Lee County, but -- and also, I have trouble giving credits in excess of the amount your project needs. So if we can work all those out, it's a great idea, but if it's going to be a dead-end road that goes up there and we don't know until ten years from now if Lee County is going to hook up or not, I have a real hard time saying there's a public benefit there. but MR. REYNOLDS: Could I ask you a question, Commissioner Constantine? If we were to bring back an agreement that had a similar provision with Lee County that called for that segment to be put in place under a similar agreement, would you agree to the rest of the terms of the proposal we've made? COMHISSIONER CONSTANTINE: I would agree with the majority of them. I think the signage and a couple little details I have some trouble with, and I also do have some trouble with excess credits, I -- that goes a long way toward solving my problem. Bottom line just being if we don't link through, I have a real hard time seeing the public benefit. MR. REYNOLDS: Let me give you one good reason why I would hope that you would reconsider on the excess credits. Okay. It has to do with something that I think is important to you and that is density reduction. The reason why our project cannot consume all of the value that we are offering to the county in this is because the density that we are proposing to build is less than half of what we would be allowed to build under your comprehensive plan. If we were to be building a higher-density project, frankly, we could have come to you with a proposal to use all of those credits or at least most of those credits within our project. By virtue of the fact that we're reducing the density, that's what's causing the need for us to have a way to market those credits, so I just -- COMHISSIONER CONSTANTINE: Friday you also told me if you increase density, the project doesn't work, so -- I know there is a balancing act there and -- MR. REYNOLDS: It doesn't work for us but it may work for somebody else. COMMISSIONER CONSTANTINE: I do appreciate the fact you are trying to put together a quality development and a low density development. MR. REYNOLDS: Absolutely. CHAIRMAN HANCOCK: I also like the idea that if the first project in there comes in at about two units an acre, the word compatibility comes to mind for the surrounding properties, and consistency, and it of the becomes a benchmark of a low-density project in a pretty vast area undeveloped land. So, you know, that combined with -- those are all things down road to consider, but I think there have been some concerns laid on the table by individual commissioners. I think there are enough that there is going to have to be some work done with our staff, but, again, I would like at least to see if those can be put in some form of an agreement. I'm going to ask the board to consider moving in direction. Commissioner Berry. COMMISSIONER BERRY: I have a question for Mr. Ilschner. When is the six-laning of Immokalee Road scheduled? Can you tell me offhand, or maybe Mr. Kant? MR. ILSCHNER: I think Mr. Kant may be able to. COMMISSIONER BERRY: This is from 1-75, I guess, over to 41. MR. KANT: From I -- Edward Kant, Transportation Services -- from 1-75 to U.S. 41. Excuse me one second. CHAIRMAN HANCOCK: Commissioner Berry, I requested and received some information on system-wide effect of this road segment once it's in place, and even though it doesn't keep a deficiency from happening, the fact that it staves off deficiency is a consideration, and looking at which segments it affects will be probably a very important part, and I think that's why you're asking -- one reason you're asking Mr. Kant is -- and we need to know what system-wide impact it's going to in have, what segments are impacted beneficially and whatnot, because think that's important also. MR. KANT: We are presently programming six-laning of -- well, first of all, from 1-75 to U.S. 41, there is no plan for six-laning the five-year. The project which is coming up next year, which will be October of '98, is the six -- is the four-laning from 1-75 to 951. COMMISSIONER BERRY: To 951, right. MR. KANT: So -- and even in the out years, the so-called next or second five years, the only thing we have programmed from U.S. 41 1-75 appears to be some monies for some design studies. Again, the deficiency dates for -- the existing deficiency dates, and that's based on this year's analysis, for the segment from U.S. 41 to Airport Road shows the year 2000. That is acceptable because we have that three-year window so we don't have to show it in this year's five-year plan. I suspect it probably will show up in next year's or as all And at you the following year's. The segment from Airport Road to 1-75 shows, we speak, deficiency of year 2004. Keeping in mind that as the travel patterns change, these deficiency dates change. We've had some segments of roadway, for example, County Barn Road, which was showing deficient this year, of a sudden jumped out to 2006 once Davis Boulevard was finished. now we expect that, once traffic settles down, it will move back in least two or three years. CHAIRMAN HANCOCK: And that's why, Commissioner Berry, when look at this, I'm starting to wonder whether the east/west segment between 41 and I -- and the future Livingston Road isn't as or more important than the connection to Lee County. COHMISSIONER BERRY: Exactly. CHAIRMAN HANCOCK: Both are system improvements, but that east/west road, and I've already begun the questions investigating and so far it looks like we have the reservation of right-of-way between Old U.S. 41 and new, but we have not acquired it yet. If that east/west roadway connects between 41 and this segment of Livingston Road, we have, in essence, provided a reliever for Immokalee Road that wasn't there. So I don't -- that's why, in looking at this in the future, those two segments to me are critical. I don't know which is more. MR. KANT: We just finished, and you just approved within the last 90 days, an agreement for the last segment of the right-of-way acquisition for the east/west segment with commercial development. That was -- again, that was for an impact fee developer contribution agreement, and we -- we've been approached by a number of different developers along that corridor, and we're looking at several other projects where we want to make sure we get reservation of right-of-way. CHAIRMAN HANCOCK: Commissioner Berry. COHMISSIONER BERRY: Yeah, I have another question for Mr. Ilschner. When you -- when we charge the impact fees, obviously it's at whatever the current rate is; in other words, whatever our impact fees are at that point in time. MR. ILSCHNER: As stated in the ordinance, yes. COHMISSIONER BERRY: As stated. Okay. However, if these range over a period of time, and what if the impact fees were raised, what happens to the impact fees that we have sat on this at this point in time for then future building of roadways that obviously are going to be more expensive? How does this balance out? MR. ILSCHNER: In fact, that was one of the concerns we addressed with the proposer in that we would key it to a fixed amount of credit and not to any floating rate associated with an impact fee. Is that the answer to your question? COHMISSIONER BERRY: Well, I guess my concern is that when you're going to build roads in the future -- MR. ILSCHNER: Yes. COHMISSIONER BERRY: -- they're going to cost you more. MR. ILSCHNER: That's correct. COHMISSIONER BERRY: Okay. How does that affect -- what is the a effect of being assessed the impact fee, let's say, let's just use date of, say, 1998, and you're going to build a road in the year 2003, which obviously, unless things go totally to pieces, you're going to be paying more for that roadway in the year 2003. MR. ILSCHNER: Yeah. The ordinance limits the impact fee credit, if that's what we're speaking to here. As far future impact fee credits, the actual cost of the improvement. So you key it to that dollar and not some future dollar amount. COHMISSIONER BERRY: Right. In other words, it's whatever is current, right? But in the -- COHMISSIONER CONSTANTINE: Your point is in the impact fees, theoretically, eight years from now will likely be higher than they are right now. COHMISSIONER BERRY: Right, and so is the cost of the roadway up get but MR. ILSCHNER: Correct. COHMISSIONER BERRY: -- so here you have given credit at this rate when, in effect, you're being -- the roadway is costing this here and the current impact fees are up here. This is the future, okay. How does that -- how do you equate this to -- and how do you make this work? MR. ILSCHNER: The impact fees that are given as a credit are going to equate to the actual cost of the improvement. COHMISSIONER HAC'KIE: In other words, they're going to get a credit for how much money they spend. MR. ILSCHNER: Exactly. COHMISSIONER HAC'KIE: They're building it. They're going to a credit for the cash -- HR. REYNOLDS: The amount of the credit is based on the actual expenditures. MR. ILSCHNER: Exactly. COHMISSIONER BERRY: I was doing something different with it, I understand what you're saying. Okay. Thank you. CHAIRMAN HANCOCK: I do know -- and we probably have some more questions, but what I'd like to do is try and limit those to whether or not we give staff direction to work with the petitioner. COMMISSIONER MAC'KIE: I'd like to make a motion that we give staff direction. CHAIRMAN HANCOCK: Let me ask if we have speakers first, and then we can entertain -- MR. FERNANDEZ: You do have one. Mr. Rick Miller. CHAIRMAN HANCOCK: Is Mr. Miller here? MR. MILLER: I'm not going to speak at this time. CHAIRMAN HANCOCK: Okay. Mr. Miller has waived. COMMISSIONER MAC'KIE: I'd like to make a motion that we give staff direction to develop a full-blown joint participation agreement addressing as many as -- as many of the concerns that have been raised by the board members as are possible with the -- with the other participants bringing back an agreement to the board, even if all points can't be resolved, so that the final decision can be made by the Board of County Commissioners. CHAIRMAN HANCOCK: Okay. We have a motion. COMMISSIONER CONSTANTINE: For the benefit of the motion, I'm second that if we can include these points -- COMMISSIONER MAC'KIE: Okay. COMMISSIONER CONSTANTINE: -- that we look to Lee County for some sort of agreement on what Alan mentioned as far as their portion; that we limit the ability to transfer the credits. CHAIRMAN HANCOCK: Geographically, you mean? COMMISSIONER CONSTANTINE: That we eliminate the ability to -- CHAIRMAN HANCOCK: Oh, eliminate. I'm sorry. COMMISSIONER CONSTANTINE: I did say limit. That we get rid of the signage item, and that we at least address, for my benefit, and we can talk about that however you want, but the excess impact fees. ANd I won't put any terms on that. I just want that as part of the discussion. COMMISSIONER MAC'KIE: The only -- the only one that I have a problem with is eliminating the transferability of impact fees. I don't want to make -- frankly, I don't want to make any of those points requirements for further discussion. I would be happy to give all of those four points to staff as negotiation items. I wish that it would be limit instead of eliminate impact fees. That -- I will make my motion, include the four points that you made with the change of the word eliminate to limit. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Mr. Chairman, I thought your idea was appropriate and that would be to limit the transferability to those areas that are directly serviced by this segment because they would have paid impact fees to build that road in the first place, so that does make sense to go ahead and let them be able to transfer those credits to those properties that are directly serviced. That, I ca~ support, but to take it outside of this road segment, I can't support. COHMISSIONER HAC'KIE: So that -- that is my motion. So is that a second? CHAIRMAN HANCOCK: Do we have a second? COHMISSIONER CONSTANTINE: I'm sorry. Which is your motion? WhatCommissioner Norris just said? COHMISSIONER HAC'KIE: Yes. COHMISSIONER CONSTANTINE: I can live with that. If we're leaving it wide open -- COHMISSIONER NORRIS: She's saying limit instead of eliminate. CHAIRMAN HANCOCK: Mr. Reynolds, did you have something? MR. REYNOLDS: Thank you, Mr. Chairman. I just would like to comment on the motion, if I could, because what we're seeking really is some -- is as clear a direction as possible from this board. We can work with your staff to come up with a way to limit the geographical area that any excess credits would be marketed to and the the the as criteria in your ordinance is that they have to be marketed only to projects that receive a benefit from the improvement being made. We would ask you to please clarify the motion to give us that degree of flexibility so that we can come back to you and show you relationship between the area that we're marketing the credits and benefit received. Without that, I'm afraid our hands may be tied far as being able to rely upon at least some ability to market these credits. And if we don't have that, frankly, I would rather that you not approve this because we don't have an ability to move forward with this if we are limited only to impact fee credits within our project. I just want to make sure that -- COHMISSIONER HAC'KIE: But that's -- COHMISSIONER CONSTANTINE: Can I ask a question of Mr. Reynolds? I want to understand what he's saying, that's all. You're saying if someone is impacted, they may or may not be Oh it that corridor; they may be on Immokalee Road, but you're saying because this is -- or on 41 or somewhere else, but you're saying because there is a relationship on the impacts? MR. REYNOLDS: We would have to tie the location in which the credits could be used to a benefit that is derived from the construction of that segment. That does not necessarily mean that is only projects that directly access that road segment. The way your ordinance works right now, and the way you have approved prior agreements, you would have allowed credits to be issued within district one. So we can limit that to the extent possible by showing you who benefits, but I can tell you the benefits received by these improvements would extend beyond just the properties that lie north of Immokalee Road. All welre asking for is the flexibility to be able to work out those details in an agreement and bring back for your consideration. We do need that flexibility. COMMISSIONER NORRIS: Once again, Mr. Reynolds, I need to reiterate, I guess, for you to gain my support, it needs to be limited to those areas that will be directly serviced by this road segment. MR. REYNOLDS: I understand that, Mr. Norris. COMMISSIONER CONSTANTINE: I donlt know if the -- second condition -- I donlt know if the second on the floor right now is mine or not. CHAIRMAN HANCOCK: Actually, I didnlt recognize a second on the had the motion because you placed conditions on it, and the motion maker to -- the motion maker has a motion on the floor and incorporates four elements you stated with the exception of limit as opposed to eliminate the transfer of impact fee credits. We have a motion on the floor. Is there a second on the motion? COMMISSIONER NORRIS: Iill second that. CHAIRMAN HANCOCK: Motion and a second. Discussion? COMMISSIONER CONSTANTINE: I just -- maybe I just donlt clearly understand Mr. Reynoldsi suggestion. It sounds to me like anything can connect is going to be roughly district one, and Iim not comfortable with that, and I realize there is a burden there to prove that somehow itls connected. CHAIRMAN HANCOCK: The man at that microphone probably isnlt going to let him get away with somebody down at Pine Ridge Road and Goodlette saying that road segment benefits me. I have a strong sense that Mr. Ilschner is a negotiating kind of guy. COMMISSIONER CONSTANTINE: I know. I just -- Iim not going to support the motion. CHAIRMAN HANCOCK: Okay. Any further discussion? Seeing none, all those in favor signify by saying aye. Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRMAN HANCOCK: Motion carries four, one. Mr. Reynolds, thank you very much. MR. REYNOLDS: Thank you very much. CHAIRMAN HANCOCK: Mr. Ilschner, thank you. Let's go ahead and take about five minute recess here. (A brief recess was held.) CHAIRMAN HANCOCK: Good morning. I'd like to welcome everybody back to the Board of County Commissioners meeting. Item #BE1 CONSIDER FUNDING MARCO ISLAND CIVIC ASSOCIATION - WITHDRAWN We are to Item 8(B)(2) on the agenda, but before going there, Mr. Fernandez, I just received notice from representatives of the Marco Celebration 2000, they wish to pull that item from the agenda. MR. FERNANDEZ: Okay. COHMISSIONER NORRIS: We have a motion. CHAIRMAN HANCOCK: It is an amendment to -- I believe an amendment to the agenda. Mr. Weigel, does it require a motion? MR. WEIGEL: It would. CHAIRMAN HANCOCK: It would? MR. WEIGEL: Yes. COHMISSIONER NORRIS: I'll move that we withdraw that item. COHMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: Motion and a second. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries four, zero. Commissioner Constantine not quite near enough a microphone for that one. Item 882 THE PROPOSED PLAN TO REHOVE NON-SPECIFICATION MATERIAL FROH PORTIONS OF NAPLES BEACH - APPROVED WITH CHANGES We are to Item 8(B)(2), request approval of a proposed plan to remove non-specification material, red rocks, from portions of the Naples Beach. Mr. Huber, good morning. MR. HUBER: Good morning, Mr. Chairman, Commissioners. The objective of this item is to obtain approval to implement a proposed plan to remove non-specification material that was placed during construction of the Collier County beach restoration project along portions of the Naples Beach. As you know, during the construction of the project, the contractor pumped non-specification material onto the Naples Beach in the vicinity of Fifth Avenue South and 13th Avenue South. This situation was discussed with the board on several occasions back in January and February of 1996. As a result, a decision was made to deduct money from the contractor for the non-specification material placed on the beach in these areas and address the ultimate clean up as a function of beach maintenance. The county attorney's office has reviewed this procedure, and of think found it was appropriate with respect to the contractual relationship. We have been performing this function, you know, as a function beach maintenance, and, at this point, there are still two areas that are considered unsatisfactory. In fact we know that there is still unsatisfactory material, particularly below the water line, in these areas, and the proposed plan before you is intended to correct that. The estimated cost associated with this proposal is $75,000, which includes a 10 percent contingency. The proposed funding source is from TDC funds already appropriated for beach-maintenance activities. Other than what is already included in your packet, that concludes my presentation. I'd be happy to answer any questions you might have. CHAIRMAN HANCOCK: Commissioner Mac'Kie. COHMISSIONER HAC'KIE: Mine is on the issue of the county attorney's opinion that we have -- we can't go back after the contractor at this point to make them pay this $75,000. I need to know what the evidence is of our, quote, acceptance of the work, because it seems to me that's the lynch pin of the decision or of the opinion from the county attorney's office that -- that we have accepted the work pursuant to Section 23.4. Was that in some written formal form? How did we, quote, accept the work? MR. WEIGEL: I think Mr. Huber can begin to address that. Assistant County Attorney Helissa Vasquez did the review and will stand by in regard to your specific question of the documentation that's there. I'll have a few comments later. COHMISSIONER HAC'KIE: She said -- CHAIRMAN HANCOCK: Attached to that, if I may, Commissioner Hac'Kie -- COHMISSIONER HAC'KIE: Sure. CHAIRMAN HANCOCK: Attached to that, I'd like to know who made that decision and under what review process. COHMISSIONER HAC'KIE: Because that is -- she says based on the information provided to me, it appears that we have -- wait -- it does not appear to me -- it does not appear from the information provided to me that the work was rejected, but rather was accepted pursuant to 23.4 discussed below. So what is the information provided to her that made her conclude that the work was accepted? MR. HUBER: I'm not sure if it was provided specifically to her, but I would -- the answer to that would be our -- referring to something in writing as far as acceptance, would be -- would have been the acceptance of substantial completion, and then, of course, the final payment. Both of those items, I think, will be directly related to that. CHAIRMAN HANCOCK: Let's ask Ms. Vasquez if that, in fact, is the material that she reviewed that allowed her to arrive at the opinion she proffered. MS. VASQUEZ: For the record, Melissa Vasquez, Assistant County Attorney. That was based on an assumption based on the fact that final payment had been made and final acceptance of the project had been completed. That was an assumption I made in rendering the opinion. CHAIRMAN HANCOCK: If I hire a contractor to do work in my house, I write a check, and a few weeks afterwards find out that part of the work that contractor did is unacceptable, do I not have legal recourse against that contractor even though I paid for the services performed? MS. VASQUEZ: I believe that you would, but in this particular case, the problem arose during the course of the contract and the resolution was made during the course of the contract. CHAIRMAN HANCOCK: So, in essence, the negotiation of the $60,000 being withheld was the settlement for this issue in settlement in total and was realized by the final payment? MS. VASQUEZ: It was an option utilized under the terms of the contract. COMMISSIONER MAC'KIE: Ms. Vasquez, am I saying it -- MS. VASQUEZ: Yes. COMMISSIONER MAC'KIE: I'm sorry. Have you looked at that documentation or are you just relying what people have told you happened then, because I want to be really careful that if there is a crack in the door for going after the contractor for this money, that we pry the door open through that crack. And I don't remember casting a vote that said we all agree that this is full and final settlement of the contract problem that we've identified. MS. VASQUEZ: Okay. My understanding was that it was during the course of the contract that the issue arose and the decision was made for resolution of that issue is to back-charge the contractor for those insufficiencies and then proceed with the rest of the completion of the contract. COMMISSIONER CONSTANTINE: Your understanding meaning that's what you've been briefed on or -- MS. VASQUEZ: Exactly. My understanding was from the review of the R.L.S. that we received in our office, and the review of the contract documents is my -- where my analysis has come from. COMMISSIONER MAC'KIE: Then I would ask if a majority of the board would agree that the county attorney's office be requested to look into that specific question further and proffer a legal opinion on whether or not there is a crack in the door. I'm going to support spending the $75,000, but my vote today should not be read as indication that we should not go after the contractor for reimbursement. Just like my vote on the $60,000 question should not be read as a determination that that would satisfy all problems with the contract. There -- that was not a full and final determination. That was part of the process of trying to resolve it. We've subsequently discovered that that was inadequate, and I'm not willing to let the contractor or the consultant or anybody else, or, frankly, the staff person, and I'm still concerned with Commissioner Hancock's question about who accepted it, because I don't think we did. And if we did, we shouldn't have, but I'd like for the county attorney to look into the question of whether or not we can be -- we can further pursue the contractor for reimbursement for the cost of cleaning up the problem. CHAIRMAN HANCOCK: Agreed. Commissioner Constantine. COMMISSIONER CONSTANTINE: I agree. Mr. Weigel, I hope you'll look and see hopefully the contract or the agreement with the contractor does not resolve them of any future responsibility of any problem with the work they've done. legal the to If it does, that's some bad work on our part and equally as important, that was certainly never mentioned in this forum when we talked about the issue, and so if board was voting on something on which it -- the -- an important detail like that was not mentioned, I have a great deal of concern there. So I hope our research finds one thing. If it finds the other, my concern goes beyond the specifics of this contract to how the board is being informed on issues. COMMISSIONER MAC'KIE: Agreed. MR. WEIGEL: I appreciate that and we can provide that report has you. CHAIRMAN HANCOCK: There are really three elements to this decision today as I see it. The first is whether or not to take action to correct the situation in its entirety, and I don't think there is really a lot of discussion necessary on that. Anyone who seen the condition of the area we are discussing, I think sees the immediacy of that action and the need for it. The second item is, as Commissioner Mac'Kie has outlined, and agree with 100 percent, the initial work by Ms. Vasquez to come to this determination is fine, but I think we need to put the fine tooth comb through it to make sure we have exhausted all available efforts to recoup those funds from the contractor for what is obviously improper material on the beach. The third element is, and this is internal probably for Mr. Fernandez, is the decision that was made by our staff that may have resulted in the contractor being let off the hook with a $60,000 slap on the wrist for a problem that's going to result in about 150,000 or more in corrective expenditures, there needs to be some internal work on that to identify the problem and to ensure that in the future, expenditures with these tax dollars, I don't care if they're tourist tax, I don't care if they're ad valorem, they're tax dollars, to make sure that that money is not squandered in the future when others are certainly responsible for those actions. Those are the three areas I see and the three areas that I would like to suggest to the board that we follow in pursuing this matter. COMHISSIONER MAC'KIE: I support all three of those. I assume we need a motion on the $75,000, but -- CHAIRMAN HANCOCK: I do know we probably have speakers on this. Are there further questions of staff on this matter? Seeing none, Mr. Fernandez, let's go to public speakers. MR. FERNANDEZ: First speaker is Bill Boggess and then Gil Erlichman. Those are the only two we have. MR. BOGGESS: Good morning, commissioners. CHAIRMAN HANCOCK: Good morning. MR. BOGGESS: My name's Bill Bogas. For the record, my address is 1100 Eighth Avenue South, City of Naples. I'm a retired graduate engineer, former beach committee member, and a beach lover, and as you all know, I am a critic of this project, the fact that there are rocks on the beach. I have reviewed the proposed project, as Mr. Huber has presented it, the 16,000 cubic yards of material to be filtered for rocks. This represents about 15 percent of that which needs to be done in that area. This represents only between Fourth and Sixth Avenue South. If you had been down there yesterday morning, you would have seen rocks all the way to 13th and 14th Avenue South. No, they would not have been 13-inchers, but they would be rocks along the beach. Secondly, the rocks extend 150 feet into the surf. This project is only attacking out less than the full depth. They're only going out 90 feet -- I mean, there would still be 90 feet of rocks under the 9th in the toe of the original fill that was placed there where the rocks came from. Thirdly, in checking the permit, the permit expired October of this year of the state as far as any work below mean high tide the sovereign waters of the state. Mr. Huber did point out to the committee that all they needed to do was to call Fort Myers, but permit has expired. Also, you obtained easements from property owners who own the beach along there back before the project started. I doubt that they gave you a permanent easement. It was probably what is known as a construction easement that would extend to the period of the warranty of the contractor, which ended March 25th, 1997, seven days after I filed my first complaint with you about the illicit rocks. So you may the have some problems that you might want to look into. If you like, I can enlighten you as to why the rocks are there and that you are looking at the wrong place when you're looking at contractor. If you would like, I will happy -- be happy to spend five minutes with you on that score. CHAIRMAN HANCOCK: Mr. Bogas, I appreciate that, and I've read your correspondence on that. My primary priority right now is to correct the condition on the beach. MR. BOGGESS: Right. CHAIRMAN HANCOCK: And, you know, we'll take one step at a time at least -- MR. BOGGESS: Very good. CHAIRMAN HANCOCK: -- from my perspective -- MR. BOGGESS: I'm just making myself available if you want it. CHAIRMAN HANCOCK: I do appreciate that. MR. BOGGESS: So those are the three points I have as far as this proposed project is concerned. CHAIRMAN HANCOCK: Okay. MR. BOGGESS: I have been in touch with the Corps of Engineers, and they said that, to go out where the rocks actually are, this may not entail additional permit as far as manatees and navigation out 165 feet from the shoreline. Of course, as it's shown there, they're going out that far. I know that Mike Stevens, Mike Poff (phonetic) and Harry Huber were in touch with the Corps of Engineers on the afternoon of November 13th, the day before I called the -- actually, the engineers called me. And we did not discuss what they discussed, but when I enlightened him as to where the rocks actually were, and I might add, that little Russian that we saw wading back from out there, the News-Press reporter picked up on, I doubt that he's gone back to Russia and tell them that we do have the sugar white sand that is being advertised throughout the world and being paid for by our bed tax. CHAIRMAN HANCOCK: Thank you, Mr. Bogas. Mr. Huber, on that, obviously, one of the main reasons that as I for met with Mr. Ilschner -- and by the way, thank you, Mr. Ilschner, your attention in this matter. One of the main reasons I met with him is that we were doing kind of a Band-Aid approach on a weekly or monthly basis that was costing us money, and it made sense to me to just get in there and assume that, you know, that statement, if you have dog that needs to have his all at tail cut off, do you do it an inch at a time or do you just do it at once. Well, doing it all at once makes the most sense. What I want to make sure we don't do here is authorize an expenditure that does half the job or less than half the job. So I need to have the assurance that the conditions that we're looking -- and I'll be down there touring it with the city council tomorrow for this stretch of beach -- the assurance that we are going to fix the problem of unsuitable rocks on the beach, which is anything over a certain size according to both permits and our regulations. So I'm going to assume that's the case, but the points brought up by Mr. Bogas, we need to have those answered. COMMISSIONER MAC'KIE: Just to follow up on that, because, if understand it, the continuing problem is that the wave action unburies -- digs up some of the rocks that are currently, you know, well under water and well under the existing sand. I don't want to do this for 75,000 now and then find that Mr. Bogas' additional 90 feet of rocks are just going to wash up next year. Let's get it all done, be sure that we're clear that we're getting it all done. CHAIRMAN HANCOCK: Particularly if we have to pursue any type of permit or whatnot. You know, there may be a point when you go offshore over six or seven feet of water depth, which does take awhile to get out to, that it's, you know, getting those rocks is not really necessary. What we're talking about really is the wading portion of the beach and that depends on the beach profile below the mean high water. COHMISSIONER HAC'KIE: And the portion of the rocks that will be unearthed by tide and wave action over a reasonable period of time. CHAIRMAN HANCOCK: That relates to the depth we go down, so agreed. COHMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: I think we're speaking from the same position. COHHISSIONER HAC'KIE: I think so. CHAIRMAN HANCOCK: Next speaker, Mr. Fernandez. MR. FERNANDEZ: Gil Erlichman. MR. ERLICHHAN: Morning, Commissioners. Gil Erlichman, elector and taxpayer in Collier County, and I'm speaking for myself. And I just learned a new word for rocks, or words, non--- what is it? CHAIRMAN HANCOCK: Non-specification material. MR. ERLICHHAN: Non-specification material. CHAIRMAN HANCOCK: That's not just for rocks. That includes cars, washers, dryers. MR. ERLICHHAN: Oh. Okay. CHAIRMAN HANCOCK: Those are all non-specification. MR. ERLICHHAN: Old tires, et cetera. COHMISSIONER HAC'KIE: Exactly. MR. ERLICHHAN: All right. I would like to quote from -- this was a request for legal services by Mr. Huber to the county attorney and background of request, et cetera. And the last part of the request it has three questions; were our actions legally appropriate; were there any other remedies that could have been taken; if so, are they still available. And the third question, based upon information contained in the contract documents, did the design professional take appropriate action in identifying the sand source. Would somebody tell me what -- who is the design professional? COHMISSIONER HAC'KIE: Coastal Engineering. MR. ERLICHHAN: Thank you. And the reply to this request -- that letter was written on it the October 15th, 1997. A reply was written on November 5th, '97, and was written by Melissa A. Vasquez, Assistant County Attorney. In answering the last question which asked about the design professional, it says, based upon information contained in the contract documents, did the design professionals take appropriate action in identifying the sand source. The answer, this is not a legal question and is not within my expertise to answer, period. CHAIRMAN HANCOCK: Actually, Gil, that's really kind of a judgment question best answered by a professional engineer, not by assistant county attorney. I understand you're saying it hasn't been answered. I agree with you. I'd like to see a judgment call by our professional engineer the our staff as to whether or not that was and what supporting information is there. MR. ERLICHMAN: Well, I would like to focus on where the blame for the rocks should be -- should be focused on. And I'm taking second paragraph out of the blue -- blue sheet on Page 1 of the executive summary, under considerations. After investigating daily survey records, it was discovered that the contractor had dredged outside the specific limits of the borrow area during the time period when the non-specification material, bracket, rocks -- CHAIRMAN HANCOCK: Rocks or -- COMMISSIONER NORRIS: Gil -- Gil, it's not necessary to read this stuff to us. We've already read all that. I mean, what -- do you have a point? MR. ERLICHMAN: Okay. My point is, the focus of this discussion should be with -- on Coastal Engineering, because they're the design professional. I feel that there should be, or there was an absence of proper supervision of the sand while it was being pumped -- dredged and pumped onto the beach. If that were the case, the rocks would have been seen being pumped on the beach and work should have been halted, and, at that time, the source of the sand, the dredge, should have been moved, not to continue pumping the rocks on the beach, and to take a $60,000 credit for that particular time when they were pumping rocks on the beach, because now we've got a festering, ongoing situation on the renourished portions of the beach of Naples that we're going to have to continue to resift and reclaim the next ten years, I assume. Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Erlichman. One thing, and I always feel obligated to say this when we talk about the problems on the beach, is that this is a project that 90 percent was not just within specs, but very good quality work. What we're talking about is ten percent of the project that was not done appropriately. I think, because this is the first time we've ever done a beach renourishment in Collier County, there is somewhat of a learning curve for our staff in dealing with consultants. That's not to excuse any actions that are inappropriate or actions that cost us additional funds, but I think to recognize in a projected 14-million-dollar project, the level of problems we've had have not been significant, however I think we could have acted on them in a more appropriate manner, and that is why I've asked Mr. Fernandez to and look at it on the staff level and who made what decisions and when, what information was supporting to determine if there was -- quite, frankly, if there is somebody out there that is holding the bag on this, whether it be the consultant, whether it be a staff member, whether it be the contractor. COMHISSIONER CONSTANTINE: Good point. We did several miles several million dollars of very, very good work and -- COHMISSIONER HAC'KIE: Beautiful. COHMISSIONER CONSTANTINE: -- Coastal Engineering and our staff did very, very good work. If we have a particular area we need to correct, we will. And if we have an error somewhere in the process along that, we need to correct that so it doesn't happen again, but your point's well taken. The vast majority of this project was done exceptionally. COHMISSIONER HAC'KIE: I'd like to make a motion to approve the $75,000 expenditure in tourist tax funds for the clean up as outlined COHMISSIONER CONSTANTINE: Second. COHMISSIONER HAC'KIE: -- in the staff report, but also with instructions to the staff as we've talked about before to be absolutely positive that they can report to us that this is an adequate plan to address the problem. CHAI~ HANCOCK: You had also mentioned, in addition, legal staff taking a more detailed look at the contract to determine if, in fact, all remedial efforts have been exhausted. COHMISSIONER HAC'KIE: Good lawyers can find ways to sue people when somebody's been wronged, and the county's has been wronged here. And I want you to find a way to go after whomever caused the problem. CHAI~ HANCOCK: I'll add the caveat sue and win. COHMISSIONER HAC'KIE: Okay. That's included in my motion. CHAI~ HANCOCK: Sue and lose is not authorized. that of in Mr. Fernandez, is there any additional information or from motion that you think is lacking, based on your exposure to this particular problem? MR. FERNANDEZ: No, sir. I think the motion is complete. As I understand it, you want us to be sure to address a number issues, including if there is an opportunity to pursue any legal remedies, if there are staff responsibilities that I should address my internal process, and if there is -- we need assurance from the staff level that this will completely address the problem. CHAIRMAN HANCOCK: That's precisely what I would like to see addressed. Motion maker, does that -- COMHISSIONER MAC'KIE: That's it. COMHISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Second stands. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five, zero. I will be at the city council meeting tomorrow to explain to them what action we have taken today and also to join certain members of the city council, basically taking a look at the area -- the affected area for me once again to take a look at it, so I'll convey this to them. I'm sure they'll be pleased. Mr. Huber, thank you very much. Mr. Ilschner, thank you again for putting this together in the short fashion you did. Item #8B3 WORK ORDER TO REPLACE THREE PUBLIC WATER SUPPLY WELLS - APPROVED Next item was an add-on item, Item 8(B)(3), request to replace three public water supply wells. Good morning, Karl. MR. BOYER: Good morning. Karl Boyer with your office of Capital Projects Management. Thank you for accepting this item as an add- on item. It is a fairly routine item to replace three wells, but we're asking you to help us accelerate the schedule so that we can meet peak water demands anticipated for the March/April seasons. CHAIRMAN HANCOCK: Does anyone have a problem with -- COMMISSIONER CONSTANTINE: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Any speakers? MR. FERNANDEZ: No. CHAIRMAN HANCOCK: Motion and a second. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Thank you, Karl. Item #8B4 TERMINATE CONTRACT WITH SOVEREIGN CONSTRUCTION GROUP, INC. FOR BID #96-2588, RIVIERA COLONY PHASE II UTILITY IMPROVEMENTS - STAFF RECOHMENDATION APPROVED Next item under -- it's also an add on, excuse me, add on 8(B)(4), request to terminate -- someone have a tongue I can borrow? Request to terminate contract with Sovereign Construction Group. Mr. Gonzalez. MR. GONZALEZ: Good morning. Again, for the record, Adolfo Gonzalez, Capital Projects Director. Regrettably, I'm here to tell you that the Riviera Colony water-sewer replacement project is about 39 percent complete in terms of the value of work paid out to date and over 100 percent complete in terms of the contract time. Your staff has been working with the contractor, Sovereign Construction Group, over the last few weeks on trying to develop a plan to complete this project on some basis. Regrettably, we weren't -- we came to an impasse. We're recommending that you terminate the contract for default for failure of timely and properly performing the work. We also are recommending that we start with some immediate restoration activities. If you have been out there to that site, you'll have noticed that the primary road, Riviera Boulevard, is torn up, at least the -- the north -- north leg of it. There is debris and material within the project site. There is dirt within the swales and other material within the yards. We're suggesting or recommending that we start Some of the restoration work immediately as particularly on the streets that is we've already accepted the sewer and water work; St. Rafael, St. Tropez, the southern half of Monaco, and as soon as we complete the final testing of sections of Menton and Monte Carlo Lane, we're recommending that you proceed with the immediate restoration of that work also. This is subject to the contract notice provisions to be given to the contractor. We're asking that you start that process today so that we can notify the contractor that we're going to terminate the contract for default. We're also going to notify the surety so that we come back to you hopefully in early January with a plan to complete the sewer restoration work. We've put together an initial estimate to complete the project, and it should be about $850,000 to complete all remaining work. The contract value is just under $900,000. We have a performance bond equal to the contract value of just less than $900,000. The initial restoration work we're asking you to do is under Some various existing county contracts. You have a pave -- an annual paving contractor that we intend to use, although we are recommending also that we substantially exceed the formal competitive threshold for that paving contract so that we can proceed with getting the restoration work done. We've already solicited a quote for the yard restoration work. That will also -- CHAIRMAN HANCOCK: Mr. Gonzalez, I just had a sewer put in any neighborhood and if I had to deal with it from 1996 of last year till now, you know, I'd probably be armed to the teeth, so I sense an immediacy here. Commissioner Norris. COMMISSIONER NORRIS: I just wanted to know -- these unfortunate people have been living with this for two years with all this disruption, what are we going to do about completing the project, not just the restoration of the completed areas, but the total project? What are we going to do? MR. GONZALEZ: The best case is once we've notified the surety, they would step up and provide us an alternate contractor, according to the obligations of -- CHAIRMAN HANCOCK: Who's the surety on this? MR. GONZALEZ: I don't recall the name of the surety. It's a firm out of the East Coast. As you recall earlier on when we started this project, we also had the surety provide an underwriter because, at that time, the surety's bond rating was a B plus, plus, and our contracts call for an our A minus rating or better. So we have an underwriter underwriting surety on this project. COMMISSIONER NORRIS: That's like having a built-in suspender, isn't it? MR. GONZALEZ: Hopefully so. That is the best case scenario - CHAIRMAN HANCOCK: The Oklahoma analogy. MR. GONZALEZ: -- in that the surety provide an alternate contractor. emergency to you are If not, we would have to undertake, under some provision, soliciting quotes to have another contractor start or complete the sewer restoration. COMMISSIONER NORRIS: When can you come back to us and tell us whether we can quickly obtain a substitute contractor through our surety? MR. GONZALEZ: I expect it's going to take three to four weeks work that out with the surety and we should have some indication to you with a schedule -- with a definite schedule to complete the project by the end of January. COMMISSIONER NORRIS: Okay. All right. I'd like to see that do that as rapidly as possible, and if we don't have a satisfactory answer or resolution from the surety, that we go immediately to an emergency-type bid situation and get this project underway. COMMISSIONER HAC'KIE: Got to happen. COMMISSIONER NORRIS: It's just too long. CHAIRMAN HANCOCK: Likewise. I understand what those folks going through. Okay. Any further questions of staff? COMMISSIONER MAC'KIE: Motion to approve staff recommendation. CHAIRMAN HANCOCK: We do have a speaker. MR. FERNANDEZ: Butt Saunders. MR. SAUNDERS: Mr. Chairman, members of the board, my name is Butt Saunders with the Woodward, Pires, Lombardo law firm. I'm representing Sovereign Construction Group. I'm not exactly sure what action is being requested. This is to start the termination notice, is that -- am I understanding that correctly? We're objecting to this procedure. As of yesterday morning, we thought everything had been resolved so the contractor could finish this job. We were somewhat blind-sided here with the fact that this has now turned into a termination. We got a phone call late yesterday afternoon to suggest that. I'll also tell you that this is not the first contractor on this job. This is the second contractor on this job. You're about to get a third contractor now. So I want to object to the procedure. I'm not sure I understand what you're even being asked to do this morning. COMMISSIONER MAC'KIE: I've made a motion to provide notice of intention to terminate pursuant to the contract terms. CHAIRMAN HANCOCK: Mr. Gonzalez, is that the requested action by staff as I see it? MR. GONZALEZ: Yes, sir. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: And -- you're recommending staff's recommendation. COHMISSIONER HAC'KIE: Yes. COHMISSIONER CONSTANTINE: You're making a motion -- MR. SAUNDERS: Can I ask a question in reference to this -- COHMISSIONER CONSTANTINE: I was just going to say -- do you have a copy of this? MR. SAUNDERS: No, sir, I do not. COHMISSIONER CONSTANTINE: I'll read you the three parts and the the recommendation. That the BCC terminate and -- terminate in whole for default Construction Agreement with Sovereign; authorize staff to proceed with securing the necessary work to initiate site restoration, and waive the formal competitive threshold for yard and road restoration work. MR. SAUNDERS: Excuse me. Could I ask a question of staff for clarification as to what the contractor is supposed to do from this point forward? The contractor is out there today doing work. What is the contractor supposed to do from this moment forward? MR. GONZALEZ: As I understand our contract obligations, today we're asking you, with that action, to then have us notify the contractor that we are terminating the contract for default, and the contractor has seven days to cure all defective work or any work that is not completed as previously submitted to the contractor. Failure of completing all that work within seven days, the termination will go into effect seven days from today. We will also be notifying the contractor today that he has -- that we're going to start some of the restoration work this week with our road and bridge crews to smooth out Riviera Boulevard and that will be after a two-day notice per the contract specifications. CHAIRMAN HANCOCK: Mr. Gonzalez, what was the time frame in which the contractor was supposed to complete this work? MR. GONZALEZ: Two hundred days to substantial completion and two hundred twenty-five to final completion. That final completion date was October 30th, thereabouts. CHAIRMAN HANCOCK: Okay. Final completion was seven weeks ago? MR. GONZALEZ: Yes. MR. SAUNDERS: Mr. Chairman, may I ask a follow-up just for clarification purposes? CHAIRMAN HANCOCK: Actually -- MR. SAUNDERS: I'm trying to find out what the contractor is supposed to do. CHAIRMAN HANCOCK: That's really not relative to the board action that's on our agenda today, but I think Mr. Gonzalez can answer that question, you know, just -- MR. SAUNDERS: I was not able to meet with Mr. Gonzalez and Mr. Ilschner yesterday. HR. GONZALEZ: I'd be happy to respond to that. Cure all the defective work, all the remaining work within seven days or the contract will be terminated effective a week from today. MR. SAUNDERS: Does that mean staff-authorized wet trench installation will be acceptable? CHAIRMAN HANCOCK: This is not the forum for meeting with our staff, Mr. Saunders. This is the forum for a board decision on whether to terminate the contract and that's the decision before us today. Mr. Gonzalez, will you make yourself available to Mr. Saunders immediately following this item? MR. GONZALEZ: Yes, sir. CHAIRMAN HANCOCK: Okay. Thank you. MR. SAUNDERS: Thank you. COHMISSIONER HAC'KIE: I have a motion. CHAIRMAN HANCOCK: Okay. We have a motion on the floor by Commissioner Hac'Kie. COHMISSIONER NORRIS: Clarify the motion. Does that include direction to the staff that I have mentioned about the rapidity of o~lr process? COHMISSIONER HAC'KIE: Thank you. Yes, sir. CHAIRMAN HANCOCK: Did I hear a second on the motion? I don't recall. COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Second by Commissioner Constantine. Mr. Fernandez. MR. FERNANDEZ: Clarification on the motion, Mr. Chairman. Does -- is it the intent of the motion to incorporate those three provisions that are in the backup that was given to you? COHMISSIONER HAC'KIE: Yes. CHAIRMAN HANCOCK: As far as staff recommendations? COHMISSIONER HAC'KIE: Yes. CHAIRMAN HANCOCK: Yes by motion maker. Second agrees? COHMISSIONER CONSTANTINE: Yes. CHAIRMAN HANCOCK: So done. Any questions on the motion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five, zero. Mr. Gonzalez, thank you, and we'll look forward to seeing, as soon as possible, the remedial work for that community. MR. GONZALEZ: Yes, sir. CHAIRMAN HANCOCK: Thank you. Item #8E2 CONTRACT FOR FINANCIAL ADVISORY SERVICES - APPROVED you We are to Item 8(E)(2), approval of contract for financial advisory services. Again 8(E)(1) was withdrawn. Item 8(E)(2), Hr. Smykowski -- COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Do you have anything to add? MR. SHYKOWSKI: No, sir. COHMISSIONER HAC'KIE: You've put on paper the contract that we've already authorized with the financial advisor that we asked to -- MR. SMYKOWSKI: The motion would include the budget amendment, staff -- also staff recommendation. COHMISSIONER NORRIS: Yes. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Do we have any speakers? MR. FERNANDEZ: No, sir. CHAIRMAN HANCOCK: Seeing none. We have a motion by Commissioner Norris, a second by Commissioner Hac'Kie. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five, zero. Mr. Smykowski another fine presentation, sir. MR. SHYKOWSKI: Thank you. CHAIRMAN HANCOCK: I tell you what, since he's now in the private sector, we'll go ahead and squeeze this one in before for lunch. Item #9A SETTLEMENT OF LAWSUIT STYLED EAGLE CREEK PROPERTIES V COLLIER COUNTY - APPROVED Item 9(A), under county attorney's report, recommendation for the board to consider and approve a proposed settlement of a lawsuit styled Eagle Creek Properties v Collier County. I want to ask Mr. Pettit, before you launch into something, have you had the opportunity to meet with each commissioner individually and discuss this? MR. PETTIT: No. CHAIRMAN HANCOCK: You have not. Okay. So we get the A description, then. MR. PETTIT: For the record, Mike Pettit here on behalf of the office of the county attorney. This is -- we have had the opportunity to discuss this with some of the individual commissioners, a proposed settlement of a lawsuit filed by Eagle Creek Properties, Inc. and several other plaintiffs against the county in 1993. It arises out of PUD has a 1985 PUD agreement -- PUD ordinance, and it also arises out a contract from 1987. The issues are, does the county get to serve the Eagle Creek and does a class of property owners get to recover impact fees it paid for county service. The items -- the central tenets or principles of the settlement are set forth in the executive summary, so I'm not going to review those unless you want me to. COHMISSIONER CONSTANTINE: No. CHAIRMAN HANCOCK: Anyone feel that's necessary? COMMISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: Okay. MR. PETTIT: Mr. Ilschner and I have worked, and before him, Mr. Conrecode and I worked on this trying to settle this matter for Some time, and Mr. Ilschner and I have brought this settlement forward today. We think it's a reasonable business solution to the dilemma in light of the fact that this lawsuit was filed in '93, and my best estimate is that it will go on till the year 2001. And I don't pull that out of a hat. I've kind of sat down and thought about that. There will be appeals, regardless of who wins or loses, on several different kinds of items and, if fact, part of the lawsuit is in the court of appeal as we speak. around We CHAIRMAN HANCOCK: As much as we'd like to see you hanging to 2001, that's a little long for a lawsuit. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion and a second. Any speakers on this, Mr. Fernandez? MR. FERNANDEZ: No, sir. CHAIRMAN HANCOCK: Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response). CHAIRMAN HANCOCK: I do want to ask the board's indulgence. have members of the Housing Finance Authority, which are volunteers thank you, Mr. Pettit, and best wishes. MR. PETTIT: Thank you. Item #9B RESOLUTION 97-466 THROUGH RESOLUTION 97-471, AUTHORIZING THE HOUSING FINANCE AUTHORITY TO ISSUE MULTI-FAMILY HOUSING REVENUE BONDS TO FINANCE QUALIFYING APARTMENT PROJECTS - ADOPTED so CHAIRMAN HANCOCK: We have members of the Housing Finance Authority that have been here. They are volunteers of their time, I'd like to go ahead and hear Item 9(B) before breaking for lunch. This is a request by the H.F.A. for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to finance qualifying apartment projects. I'd like to ask members of board, have you each had an opportunity to meet with Mr. Pickworth and his representatives on that? COMMISSIONER HAC'KIE: Yes, and these are not land-use decisions, it's just sort of endorsing something we've already done. Unless we need a long presentation, I'll make a motion to approve. CHAIRMAN HANCOCK: Since Mr. Pickworth is not being paid to be here, my guess is he would rather just as soon make a short one. So we have a motion to approve. Is there a second? COMMISSIONER BERRY: Second. CHAIRMAN HANCOCK: Mr. Pickworth, is there anything in addition you need to add on this? MR. PICKWORTH: No. I think the executive summary is self-explanatory. I'm simply available, and others are available to answer questions. I would just like to note publicly that we've gotten to this point today through the efforts of a lot of the groups in the community including the Chamber EDC Coalition who helped us get back on the state HFA list. COMMISSIONER NORRIS: What is your name? Sir, what is your name? MR. PICKWORTH: Excuse me. Don Pickworth. CHAIRMAN HANCOCK: Also, I've indicated I've received letters of support on this from several entities and businesses in the community. I want to indicated that for the record. We do have three speakers, Mr. Fernandez. You're welcome to speak if you want to support this or talk us out of it or you can just waive. Go ahead and call the speakers individually. MR. FERNANDEZ: First speaker is Ellie Krier. MS. KRIER: I'll waive. CHAIRMAN HANCOCK: Ellie gets a gold star. Next. MR. FERNANDEZ: Second is Joan Gust. MS. GUST: I'll waive. CHAIRMAN HANCOCK: Ms. Gust equally gets a gold star. MR. FERNANDEZ: Third is David Cook. CHAIRMAN HANCOCK: David has decided that it's absolutely necessary -- COMMISSIONER MAC'KIE: Black mark, big black mark by his name. MR. COOK: I guess I get a black star. I'm sorry. Mr. Chairman, members of the commission, I know you're hungry. I'll try was to be brief. I'm here today on behalf of one of the five applicants that vying for the bond money that the Housing Finance Agency is attempting to allocate. That applicant is Arbor View. I want to commend the agency and this board for getting back on are the state list and getting some money. It's very important. We fully supportive of the Saxon Manor project being funded because that is a project half-built and it is money that was recommended by the agency to finish that is going to finish that project. The reason I'm talking today, though, commissioners, is the manner in which the remaining monies that is realistically available is going to be allocated. There is a state system for allocating the state monies that's very objective. It's tried and true. It's a very lengthy application process that involves a point system. The Housing Finance Agency prioritized at their last meeting with the county agency the remaining four projects and for a reason -- reasons that we have no idea why, our project is ranked last. We do not know the system they used for prioritizing those. the to You have resolutions in front of you today to approve all of projects, but, realistically, only one additional project is going get funds because there is only about two million dollars left. All we're asking for you to consider is that the local agency ought to use the same ranking system that the state uses in deciding who's going to get the money because if the local agency picks one project and the state agency picks another, the likelihood is that neither project is going to get funded enough to go forward. That's all we're asking you to do is to use the same ranking system. We're willing to play on the same playing field with all the people, and when the state makes its decision in mid-to-late February of the state monies that's going to be available for Collier County, you will know then the project at the top of that list, and all we're asking you to do is say that the local agency ought to use that same ranking system. COMMISSIONER MAC'KIE: We can just eliminate the local agency then though and just have the local rankings be the state rankings. MR. COOK: Well, not eliminate them, use the same objective standards, Miss Mac'Kie. COMMISSIONER MAC'KIE: But it would just be going through the motions, right, because if they use the same standards, why bother having a local agency? MR. COOK: Well, let me make an analogy and tell you why I think that's important. If it's the goal -- if it's the goal to have affordable housing -- let's say you're trying to build a car and the state is going to provide the engine and the county is going to provide the wheels and there's only enough money for two cars to be built, Saxon Manor is that first car and we support that. There's only enough money for another car to be built and the state provides the engine to one manufacturer and the county provides the wheels to another, you're not going to have the second car, and that's what's going to happen here. CHAIRMAN HANCOCK: I understand your point. I do also understand the timing issue at hand for the Housing Finance Authority that the wheels have been set in motion to appoint, but I'm not sure we have the objectivity or time today to get into it and make that direction of ranking in such a way that the submittal time line is met. I do appreciate that point, and would like to have the H.F.A. consider it and respond in their advisory capacity to the board, but I'm not sure that we want to sacrifice the application process that's currently in track seeing that we don't have another meeting between now and that time. That's a concern for me. MR. COOK: It's my under -- CHAIRMAN HANCOCK: Commissioner Norris. COHMISSIONER NORRIS: Mr. Weigel, is the Housing Finance Authority a true authority or is that just the name of an advisory board? MR. WEIGEL: No, it's a true authority. It has certain -- COHMISSIONER NORRIS: We don't have the latitude to direct them to make any changes in their operation at this point. What -- would you state your name for the record, please? MR. COOK: David Cooke. I'm sorry. COHMISSIONER NORRIS: Thank you. CHAIRMAN HANCOCK: I must have missed that one. I apologize. That's why there's five of us. MR. COOK: I'm sorry. I thought I did say it. CHAIRMAN HANCOCK: That's okay. You still have the original black mark. We won't add one. MR. COOK: To respond -- I believe, and Mr. Pickworth can correct me if I'm wrong, I believe the Authority has the capacity to make its decision before its deadline by saying that we will -- we will award the remaining the two million dollars to the project that is going to no get state funds based on its priority system. COHMISSIONER NORRIS: Hy point is simply, sir, that that's a matter that you need to take up with the Housing Finance Authority because, as an authority, they are separate and distinct from the county commission. COHMISSIONER HAC'KIE: We can't tell them what to do. MR. COOK: Yes, sir, I understand, but only the county can approve these resolutions that permit the issuance of the bonds and you may -- COHMISSIONER CONSTANTINE: So your suggestion is we just vote on that today? HR. COOK: No, I'm not suggesting you disapprove all resolutions. By approving these resolutions, though, you -- I'm bringing out -- there are four of the five that -- there are four of the five resolutions that you may have none of the other four projects go forward because the method in which the remaining two million was awarded by this Authority, and that -- there ought to be something this board should do to address that. I don't have -- COHMISSIONER CONSTANTINE: Specifically, what is it you're asking us to do? MR. COOK: I'm asking you to recommend to your Authority, you cannot dictate this to them, but recommend to your Authority that they use an objective method for awarding the allocation of monies the same way the state does, because we're not sure what method was used to not allocate this money. That's all I'm asking. COMMISSIONER CONSTANTINE: Let me just ask this. Are you suggesting that whatever method they are using is not objective? MR. COOK: I don't know what the method is, and I -- there is a point system, for example, the way the state uses a point system. COMMISSIONER CONSTANTINE: When was their hearing done that they made their recommendations, because it seems like, unless that was yesterday, the first thing I would have done, if I was you, was go to them and inquire, okay, what method was used. MR. COOK: Yes, sir. I have not been aware of this until recently and I'm sorry. I did not go to them. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Did I understand that you are a representative of one of the projects? MR. COOK: Arbor View, yes, sir. COMMISSIONER NORRIS: You didn't get in the number two position and that's why you're bringing this discussion up? COMMISSIONER MAC'KIE: Right. MR. COOK: We actually got ranked fifth and we're not sure why, because if you look at the geography, where our project is, we're in North Naples, which, according to a 1994 study that the state did, is the biggest demand for affordable housing. COMMISSIONER NORRIS: Well, I guess my point is simply that you're not exactly a disinterested observer here. MR. COOK: Oh, no. I did not -- CHAIRMAN HANCOCK: Clearly an advocate. Understood. MR. COOK: Yes, sir. CHAIRMAN HANCOCK: Let me suggest this. Rather than our asking Mr. Pickworth to come up here and answer your questions, I would prefer you direct your questions directly to the Housing Finance Authority for a response on how they rank so that, with an understanding of that, maybe there is a specific recommendation this board can make so that if not in this process, in the future, the ranking is done in the manner that is best serving the community. Right now, we would have to go through a little question and answer period and, again, the time line is somewhat short, so I appreciate your concerns. I just think, at this point, it probably serves us best to move it forward with the Housing Finance Authority recommendation. I'll encourage you to discuss this with them so that maybe we don't have a similar situation next year when we go to the state for the allocation. That would be my suggestion singularly. I don't know if the board agrees or whatnot. COMMISSIONER NORRIS: Sounds good to me. COMMISSIONER MAC'KIE: I'd like to call the question MR. COOK: Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Cooke. Commissioner Mac'Kie had previously made the motion -- COMMISSIONER MAC'KIE: Uh-huh. CHAIRMAN HANCOCK: -- if I recall, and the second was by Commissioner Constantine. Thank you. All those in favor say aye. Opposed? (No response). CHAIRMAN HANCOCK: Motion carries five, zero. With that, ladies and gentlemen, we will take a one-hour for lunch. Be back at 1:15, please. (Recess was taken) Item #10A TO RESOLUTION 97-472, APPOINTMENT OF JOHN GRICE AND TIMOTHY BLACKFORD THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED CHAIRMAN HANCOCK: things down sometimes. agenda and It's amazing how that gavel kind of shuts Welcome back. We are at a point in our under item 9, county -- sorry, we completed item 9. We're to 10, Board of County Commissioners, item 10(A). This is a request to appoint members to the Parks and Recreation Advisory Board. Mr. Norris. COHMISSIONER NORRIS: Mr. Chairman, I'll nominate John Grice Timothy Blackford. COHMISSIONER CONSTANTINE: I'll second that. CHAIRMAN HANCOCK: Okay. We have a motion and a second. 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. Is Item #10B RESOLUTION 97-473, APPOINTHENT OF R. BRUCE ANDERSON, CHARLES HORGAN ABBOTT, HERBERT SAVAGE, DAVID CORREAAND DARLENE KOONTZ TO THE DEVELOPMENT SERVICES ADVISORY BOARD - ADOPTED We're to item 10(B), appointment of members to the Development Services Advisory Committee. COHMISSIONER CONSTANTINE: Mr. Chairman, I think the three folks for reappointment that are mentioned here by committee recommendation are all good. All these folks are good, but -- Mr. Abbott, Mr. Anderson and Mr. Savage. The one I would like to see is David Correa, who has volunteered a couple of different times and has not been appointed for different committees, but has shown a great deal of interest and continually kind of keeps tabs on what's going on in the county and would like something to get involved in, so I make a motion we approve those four names. CHAIRMAN HANCOCK: Okay. Instead of John Grice as a new appointment, the suggestion is David Cottea. Is there a second to the motion? COMMISSIONER NORRIS: What about the -- okay, never mind. I'll second that. CHAIRMAN HANCOCK: Motion and a second. Any discussion? COMMISSIONER BERRY: I do have a question in regard to that. Normally -- how much overlap do we have on committees? I mean are there -- do we have people who serve on several advisory committees? COMMISSIONER MAC'KIE: They're allowed to serve on two simultaneously. COMMISSIONER BERRY: Simultaneously -- okay. CHAIRMAN HANCOCK: If you take Herb Savage off of here, there's no one to sing the national anthem at the beginning of the meetings, so '- COMMISSIONER NORRIS: So the -- let me clarify. We need a motion for five people, so it's Anderson, Abbott, Savage, Cottea and Koontz? COMMISSIONER CONSTANTINE: Correct. CHAIRMAN HANCOCK: Okay, Koontz is included, I'm sorry. COMMISSIONER CONSTANTINE: I'm sorry, I wasn't clear on that. CHAIRMAN HANCOCK: Okay. All right. With those five, we have motion and a second. COMMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five, zero. Item #10C RESOLUTION 97-474, APPOINTMENT OF KATE WARNER TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED We're to item 10(C), appointment of members to Hispanic Affairs Advisory Board. COHMISSIONER CONSTANTINE: Mr. Chairman, there's one opening, one applicant, I would make a motion we approve Kate L. Warner. 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.) Item #10D RESOLUTION 97-475, APPOINTMENT OF CHARLES COLVIN AND CHRIS XIGOGIANIS TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED CHAIRMAN HANCOCK: We are to item 10(D), appointment of members to the Isles of Capri Fire Control District Advisory Committee, in which there's been a lot of discussion lately and Commissioner Norris, you've spent some time with them. COMMISSIONER NORRIS: I've spent time with those, so I'll make motion that we appoint Colvin and Xigogianis. CHAIRMAN HANCOCK: Even though we can't pronounce the name? COMMISSIONER NORRIS: I did. COMMISSIONER HAC'KIE: Are those both new appointments? COMMISSIONER NORRIS: Yes. COMMISSIONER MAC'KIE: Thank you. CHAIRMAN HANCOCK: Okay. Any discussion? We have a motion, is there a second? COMMISSIONER CONSTANTINE: Yeah, I'll -- CHAIRMAN HANCOCK: I'll second the motion. All those in favor signify, by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five, zero. Item #10E BLUEBILL AVENUE TO BE CLOSED FROM VANDERBILT DRIVE TO GULFSHORE DRIVE BETWEEN THE HOURS OF 9:30 A.M. AND 5:00 P.M. ON JANUARY 17, 1998, FOR THE THIRD ANNUAL CUB SCOUT SOAP BOX DERBY - APPROVED Next is a request by me for street closure for the third annual Cub Scouts soapbox derby. COHMISSIONER CONSTANTINE: Make a motion to approve the item. COHMISSIONER BERRY: Second. COHMISSIONER HAC'KIE: Second -- third. CHAIRMAN HANCOCK: Okay. So you guys want the long explanation on this or -- COMMISSIONER MAC'KIE: No, thank you. COMMISSIONER BERRY: No, that's all right. CHAIRMAN HANCOCK: Okay, just checking. Any speakers on this, Mr. Fernandez? MR. FERNANDEZ: No, sir. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five, zero. Item 10F RESOLUTION 97-476, APPOINTMENT OF MICHAEL JERNIGAN TO THE HEALTH PLANNING COUNCIL - ADOPTED Next is appointment of members to the Health Planning Council. COMMISSIONER CONSTANTINE: My only question on this is, did we have a tax for this? MS. FILSON: Yes, we did. COMMISSIONER NORRIS: Is this the committee that was recommended to be dissolved? MS. FILSON: No. COMMISSIONER NORRIS: This is not the same one? MS. FILSON: No. CHAIRMAN HANCOCK: This is Health Planning Council, that was the Public Health Unit Advisory Board that was the subject of correspondence. COMMISSIONER CONSTANTINE: Another health advisory committee? CHAIRMAN HANCOCK: Right. Okay. We have a -- was that a motion, Commissioner Constantine? COMMISSIONER CONSTANTINE: I'll make a motion that we approve each of the names here, Salem, Jernigan for the -- oh, it's only one opening. CHAIRMAN HANCOCK: The recommendation is for Michael Jernigan. COMMISSIONER CONSTANTINE: Yeah, I'm sorry, I thought we had two and openings there. I make a motion that we follow the recommendation approve Mr. Jernigan. COMMISSIONER BERRY: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) Item #10G RESOLUTION 97-477, APPOINTMENT OF MARY NELSON TO THE MARCO ISLAND BEACH RENOURISHHENT ADVISORY COHMITTEE - ADOPTED CHAIRMAN HANCOCK: the Marco Island Beach Renourishment Advisory Committee. notice that there's only representatives from District 1 here. Commissioner Norris, do you really think that's fair? COHMISSIONER NORRIS: I guess it's all Marco Island. nominate Mary Nelson. CHAIRMAN HANCOCK: Okay. Is there a second? I'll second the motion. Any discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) Motion carries five, zero. Next, item 10(G), appointment of members to I do I will Item #10H RESOLUTION 97-478, APPOINTMENT OF CHERYLE NEWMAN TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COHMITTEE - ADOPTED Next, item 10(H), appointment of members to the Golden Gate Beautification Advisory Committee. COHMISSIONER CONSTANTINE: Mr. Chairman, all three of these people are outstanding people who contribute a great deal to the community, but Ms. Newman's doing a fine job, who's currently serving in that capacity, and I see no reason to replace her. So I'll make are motion that we reappoint Cheryle Newman to the committee. CHAIRMAN HANCOCK: It's nice to get that many applicants that active in the community though, I encourage them to continue applying for those positions. Any discussion? All those in favor, signify by saying aye. Opposed? (No response.) Motion carries five, zero. 10(I) was deleted. Item #10J - Tabled until later in the meeting and discussed under Staff Communications There is an add-on regarding a joint meeting with Collier, Lee and Army Corps. Do we have any dates that have been decided on? I have to give Mr. Fernandez and Barbara Pedone credit, they have been doing a triangle between the Jacksonville Corps and Lee County, trying to figure out which dates are available for all three parties in January. Mr. Fernandez, do we have anything at this point to consider? MR. FERNANDEZ: Mr. Chairman, we've been through -- I think we're on our fifth date. We looked at January 21st, January 23rd, then January 14th, then February 4th, and it looks like the only one now that's a possibility is February the llth, but we still don't have any two and confirmation regarding whether Lee County can make that and -- COMMISSIONER CONSTANTINE: There are no dates between now and months from now that we can set aside three hours? MR. FERNANDEZ: Not when we can get 10 commissioners together the Corps of Engineers staff there as well. CHAIRMAN HANCOCK: For us the 21st and 23rd, the 21st was acceptable, but Lee County was unavailable on that date and for whatever reason, it's just been very difficult to schedule. I don't think the Corps is really being difficult, are they, Mr. Fernandez? MR. FERNANDEZ: I don't believe so. I think it's a matter of trying to coordinate all the calendars. CHAIRMAN HANCOCK: Okay. Apparently, the Lee County Commissioners' schedule seems to be the biggest rub. COMMISSIONER MAC'KIE: Can I ask if, do we have reason to believe that the Lee County Commission is interested in having the meeting? Do we have any reason to believe otherwise? I mean, I just don't know. Do they want to do this? COMMISSIONER CONSTANTINE: I've actually talked with Andy Coy, who has probably been the most vocal -- COMMISSIONER MAC'KIE: Right. COMMISSIONER CONSTANTINE: -- or concerned -- COMMISSIONER MAC'KIE: Critic. COMMISSIONER CONSTANTINE: Yeah, critic of the whole process, who not is very anxious to have a sit-down with everybody. COMMISSIONER MAC'KIE: Okay, good. COMMISSIONER CONSTANTINE: So I don't think it's a matter of wanting to sit down. CHAIRMAN HANCOCK: this. Well, better late than never. Let's do we for we Let's hold this item until the end of the meeting today to see if can get any confirmation on a date. It would be helpful at least our schedules and for the public to know that day as early as possible. MR. FERNANDEZ: We'll continue to work on it, Mr. Chairman. CHAIRMAN HANCOCK: Okay. Thank you, Mr. Fernandez. I guess need a motion to table item 10(J). COHMISSIONER BERRY: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: All those in favor, signify by saying aye. Okay. 10(J) is tabled. We are to public comment on general topics, and do we have registered speakers today, Mr. Fernandez? MR. FERNANDEZ: No, sir, not on general topics. Item #12C1 RESOLUTION 97-479/DEVELOPHENT ORDER 97-5, REGARDING PETITION DOA- 97-2, WILLIAM R. VINES AND ASSOCIATES, INC., REPRESENTING RICHARD K. BENNETT, TRUSTEE, NATIONS BANK LAND TRUST #5222 FORAN AMENDMENT TO THE TWELVE LAKES DEVELOPMENT AS AMENDED, FOR REDUCTION OF AUTHORIZED DWELLING UNITS - ADOPTED WITH CHANGES CHAIRMAN HANCOCK: Okay. With that, we'll move into item 12, under public hearings. Advertised public hearings, item 12(C)(1), is the first item. This is Petition DOA-97-2, William Vines representing Richard Bennett, trustee, for an amendment to the Twelve Lakes Development of Regional Impact. This is a quasi-judicial matter, and for that purpose I need members of our staff, members of the petitioner's team and any members of the public hear to speak on this item, to please stand and raise your right hand. Madam Court Reporter, would you please swear them in? (All speakers on this issue were sworn.) CHAIRMAN HANCOCK: Thank you. Mr. Nino, good afternoon. MR. NINO: Good afternoon, sir. CHAIRMAN HANCOCK: For the purpose of disclosure, I need to ask, let does any commission member have a disclosure item on this? COMMISSIONER NORRIS: I have no disclosure. CHAIRMAN HANCOCK: None here. Okay, seeing none, Mr. Nino, us proceed. HR. NINO: The matter before you requests your approval of an amendment to the Twelve Lakes Development of Regional Impact development order for the purposes of extending the time frame in which substantial development may commence by an additional seven years, and as a consequence of that, changing the phasing schedule and the date a down zoning action may occur. In the process of dealing with this petition, the petitioner agreed for reasons outlined in the staff report that the total number of dwelling units authorized for this project ought to be reduced from 1,310 to 1,000 and the intensity of commercial development reduced from 160,000 to 112,500. The petitioner has agreed with those reductions. The planning commission has reviewed this petition, unanimously supports its approval. The Southwest Regional Planning Council has advised us that they have no objections to it. The Department of Community Affairs has also advised us that they have no objections and deem -- and both agencies deem this to be an insubstantial change. The changes to the development order as a result of the passage of time in this action, would have a consequence for transportation stipulations and these stipulations -- and the stipulations in the development order, in addition to those changes I've already identified, have been made and are recommendations of the Southwest Regional Planning Council. If you have any questions, I'll be happy to answer them. CHAIRMAN HANCOCK: Mr. Nine, if I may ask, in looking through it I didn't pick this up easily. What is the resulting density on the residential acreage of the parcel after the reduction to a thousand dwelling units? MR. NINO: Four dwelling units per acre. CHAIRMAN HANCOCK: Is that consistent with the residential densities in the immediate area? MR. NINO: Yes, it is. CHAIRMAN HANCOCK: Any further questions of Mr. Nino? Let me ask the petitioner, Mr. Vines, do you have a presentation for the board? MR. VINES: Yes, William Vines for the petitioner. I -- as Mr. you Nino indicated, on behalf of the owners I agreed to the staff suggested intensity reductions. They were not enthusiastic about but they agreed to it. It will be necessary upon approval of this make a corresponding adjustment to the PUD document, to reduce the development intensity so that it will match the development order. I suggested to Mr. Nine and he agreed that because the PUD document amendment is made necessary by staff recommendation, that might wish to consider waiving the normal fee for it. Mr. Nino said he thought that was a reasonable request and that I should make it to you, so I do. CHAIRMAN HANCOCK: Okay. Questions for Mr. Vines? COMHISSIONER NORRIS: Mr. Vines, could you tell us why, since this was originally approved in '87, why you need another five years' extension on this? MR. VINES: Well, the owners of this property are beneficiaries of a trust. They are investors who invested in the trust which bought the property in -- back in '87. For a series of reasons, the property has never gotten in the hands of a developer who would take it through the normal development process. It has been under contract, there have been problems, it has come back, it's been under contract, there were problems, it's come back, and so they are patiently -- maybe not so patiently anymore, but they are waiting and hoping to transfer ownership of this property to a responsible development organization, yOU tO get it out of their hands and into a developer's hands and then proceed. It simply hasn't happened to date. COMMISSIONER NORRIS: Well, the reason I ask is that we've -- we've been of recent times updating PUD's for two year extension periods and this one seems to fall for some -- whatever reason, far outside that two year extension period and it just -- I don't know that -- MR. VINES: Let me tell you how it came about, and then maybe can -- we've -- you know the Regional Planning Council in addition being a review agency also serves as a consulting group in some matters. We've retained their services to serve as the updaters of the traffic impact statement and out of that grew the language do this two years at a time. That's what our standard policy is now. just wonder if that's acceptable. MR. VINES: Well, I would certainly hope so, and I know the function of the anticipated time before any additional traffic impact could be reasonably expected to occur. So it's a traffic impact based time frame and I have no other explanation for that unusually long time. COMMISSIONER NORRIS: Well, I'm sure their -- they have their rules and we have ours and -- MR. VINES: Yes, sir. COMMISSIONER NORRIS: Personally, I would prefer that we could asked what was the basis of it and they indicated that it simply is that's incorporated in the PUD document and the additional time frame and I asked, you know, it surprised me, it was longer than I expected and beneficiaries would hope so. They hope, my goodness, within two years to have this property sold. There is a substantial lead time, of course, if a new owner were to acquire this property today. By the time they revisited all of the permitting wetland jurisdictional agency requirements, did development plans, it would be -- you'd have to go fast in order to be under construction and that's what this time -- the end date means, you have to be under construction. COMMISSIONER NORRIS: Well, I understand that, but we've gone to this two year policy to help us in our planning, so that we know more definitively what's going to happen in two years rather than what may if if happen in five or ten years. MR. VINES: I understand. COMMISSIONER NORRIS: So it would help us from our perspective we could agree to extend this -- make this agreement for a two year period. MR. VINES: Well, that's fine, as long as you understand that things don't go just right, I'll be back in two years saying things didn't go just right. COMMISSIONER NORRIS: That's fine and that's exactly what we'd expect. MR. VINES: All right. CHAIRMAN HANCOCK: Not that we expect things not to go right for you. COMMISSIONER HAC'KIE: But if they do -- CHAI~ HANCOCK: The other thing is we're really taking a hard look at the roadway network system and what residual impacts or resulted impacts that may have as a short term area, so I would agree -- I support two years easily with the reduction in units and whatnot. Further questions of Mr. Vines? Seeing none, Mr. Vines, thank you very much. Do we have additional speakers, Mr. Fernandez? MR. FERNANDEZ: No, sir. CHAI~ HANCOCK: I will close the public hearing. Is there two motion? COMMISSIONER NORRIS: Mr. Chairman, I'll make a motion that we approve the request with the provision that it be extended for a year period. COMMISSIONER BERRY: I'll second that. COMMISSIONER HAC'KIE: Second. CHAI~ HANCOCK: Okay. We have a motion and a second by Commissioner Berry. Discussion? Seeing none, all those in favor, signify by saying aye. Opposed? (No response.) Motion carries five, zero. Item #12C2 ORDINANCE 97-82, CREATING THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT - ADOPTED We are to item -- thank you, Hr. Nino. We're to item 12 (C)(2), request that the board consider adoption of an ordinance creating the Bayshore Avalon Beautification Municipal Service Taxing Unit, a park, as I understand it. I just heard the room exhale that we're finally there and for staff presentation, are you back up again, Mr. Nino? No? Okay. COHMISSIONER HAC'KIE: Can I pass out a couple things? CHAIRMAN HANCOCK: Why, we'd would love to receive some things. COHMISSIONER HAC'KIE: Would you? The first thing that I have is just copies for you of the map that's on the wall there, which is the of proposed district, and the other thing that I'd like to give each you is, we had gotten several phone calls in the last few days, which is the good news, because we have so many people who have not been involved in this process, who are now involved and interested in the process, and that's wonderful news. The bad news is that they've gotten some bad information, but we'll straighten that out, but since there have been so many phone calls, you guys are familiar with this little record that they keep about who's in favor and who's opposed. I took my copy of this and just passed it around the room this morning to let the people who are here and not just who made phone calls, but who are here and are in favor sign on, and you'll see that there's more than twice as many now registered in favor as there have been the phone calls from the registered opposed. COHMISSIONER CONSTANTINE: Commissioner Mac'Kie, I also read the on and newspaper. You had had a pretty good response from public meetings this, maybe you can give us an indication of the kind of turnout what the general feel of those meetings was. COHMISSIONER MAC'KIE: The turnout at the first meeting that we've had so far was excellent, the room was full, and I'm disappointed that there wasn't more media coverage about that particular meeting because it was a very good and very active and very vociferous meeting. There were people that came who were strongly opposed. COHMISSIONER NORRIS: Nice word. COHHISSIONER HAC'KIE: Vociferous, good word, huh? There were people who came who were strongly opposed and felt like something was being done to them and some of those left feeling like, oh, well, maybe this is the time when government is partnering with individuals to try to do something to help the community. I can't speak for everybody there, but that was my impression. The other thing I want to pass down to you is a copy of what I would call the misinformation that was distributed among people in the map of be community from Larry Ingram, who I'm sure we'll hear about and hear from. CHAIRMAN HANCOCK: Who is not a part of this district as the indicates. COHMISSIONER HAC'KIE: It's clearly -- the property that I'm aware of that he owns, that is not a part of this district and, please, come to that map and look at it, Mr. Ingram, so you can confirm that for yourself. You may own some other property that I don't know about, but more important than that, there's just a lot scare tactics in here about that your taxes may go up $300 on a $100,000 home. Obviously, you guys know that what's being asked to done today is to create an MSTU ordinance which would have the right to assess a millage anywhere from zero to three. The district may chose to assess zero. If it does that, there will be no taxes assessed to anyone. The district will decide. The district will have a board of advisers that will make recommendations to the county commission about whether or not there should be taxes, and if so, in what amount, and if so, for what specific purpose within those green boundaries. That group, if you will give us the opportunity to continue to gO Or do forward, that group will make recommendations to us about whether not they want to be taxed. So there's no decision being made today about whether or not there will be a tax. The decision being made today is whether or not there is a mechanism available for a tax, if the community decides it wants to that, and I'm gonna stop, but I do want to tell you one more thing. I'm going to sort of go ahead and steal my own thunder. COHMISSIONER NORRIS: Well, while you're stealing thunder there, let me point out that the bottom line is what we're doing today is deciding whether to establish the boundaries. There's no proposal whatsoever to do anything about taxes today. COHMISSIONER HAC'KIE: That's correct. COHMISSIONER CONSTANTINE: It allows the option. CHAIRMAN HANCOCK: With the realistic expectation that a nominal So amount somewhere down the road will probably be used, otherwise we wouldn't establish the district. COMMISSIONER MAC'KIE: Sure hope so. CHAIRMAN HANCOCK: But also the expectation of three mills has never been realized in these types of districts, to my knowledge. I think we need to at least establish the parameters. To expect zero is not reasonable, nor to expect three is reasonable. COMMISSIONER MAC'KIE: The highest in the county so far is 1.6 in Lely, and that's significantly higher than most of the others. CHAIRMAN HANCOCK: And every year we hear from them, every year they choose to make a recommendation to this board as to what an appropriate level is, and have we ever raised it? COMMISSIONER NORRIS: No. CHAIRMAN HANCOCK: In the three years I've been on this board, we've never raised it above the recommendation. COMMISSIONER MAC'KIE: No, and the only other two things I'll say get and then there a lot of people who have waited for a long time to to talk, but I do want to remind you that the private sector has raised over $10,000 and is engaging a consultant to do the design workshops in the hopes of moving along more quickly the redevelopment process in this area, and what I had added for a discussion item, I want to go ahead and read now. It's a letter from Dale Chlumsky. Dear Commissioner Mac'Kie, in the the on the interest of improvement, beautification and redevelopment of Bayshore Drive area, my sister and I would like to offer a gift to residents of Collier County this Christmas. We own attractive land the east side of Bayshore Drive, almost across the street from the entrance to Windstar. He cites the specific parcel numbers and advises that they have a frontage of approximately 273.44 feet on Bayshore Drive and that the two parcels together contain about 2.66 acres. Here's the Santa Claus part. It occurred to us that this would be an excellent opportunity to create a beautiful waterfront park, which would enhance the entire area and at the same time provide an impetus to the revitalization of the area. If you're interested in acquiring this property for green space and use as a park for the area, underlined, free of cost to the county taxpayers, please call me, and obviously, I've done that and we're ongoing with those discussions, but I make that point to let you know that there may be some people who don't understand or who are -- who understand everything and are opposed, but there are a great number of people who are genuinely interested and excited in revitalizing this part of the community and they've shown it with their pocketbooks and they've shown it with the deeds to their land and I hope that you'll support them. CHAIRMAN HANCOCK: Is that property right next to Lake Kelly? COMHISSIONER MAC'KIE: I'm sorry? CHAIRMAN HANCOCK: Is that property, the Chlumsky property, right next to Lake Kelly? COMHISSIONER MAC'KIE: I don't know what Lake Kelly is. COMMISSIONER BERRY: It's on the east side of -- you'll find Moorhead Manor and come right across. COMMISSIONER MAC'KIE: I can show it yo you on the map. CHAIRMAN HANCOCK: Lake Kelly is the one we had all the pictures of during the flooding in '95. COMMISSIONER NORRIS: I think I know what -- COMMISSIONER MAC'KIE: Let me find it on the map and I'll show you. Bayshore. COMMISSIONER BERRY: See it, 817 COMMISSIONER HAC'KIE: Okay. No, no, it's not. CHAIRMAN HANCOCK: Okay. COMMISSIONER HAC'KIE: It's this. COMMISSIONER BERRY: Where is it on the map, the property? COMMISSIONER HAC'KIE: It's on the east side of the road. COMMISSIONER BERRY: East side of what road, Pam? COMMISSIONER HAC'KIE: East side of Bayshore Drive. COMMISSIONER BERRY: Well, this is on the east side of COMMISSIONER HAC'KIE: I understand, but I think these are farther down, the parcels are not directly across from Windstar. CHAIRMAN HANCOCK: Right. Well, we can see it. COMMISSIONER HAC'KIE: It's near Pinebrook Lakes, those parcels. CHAIRMAN HANCOCK: Oh, down to the south of the entrance to Windstar? COMMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: Okay. All right. COMMISSIONER HAC'KIE: But I just want you to know how excited the CHAIRMAN HANCOCK: I just thought next to a lake would be a pretty neat place, not that it's not already. COMMISSIONER MAC'KIE: Yes. COMMISSIONER NORRIS: I'm looking at Mr. Ingram's letter for first time, I've never seen it before, and I notice the headline says, your real estate taxes are going to be increased by the county commissioners on Tuesday, December the 16th and you did not even know it. Well, that's a boldface lie. We As I said before, we're not doing anything about taxes today. are simply deciding whether to establish the boundaries. Down a little lower, I notice that they've given your district over to me. COHMISSIONER HAC'KIE: Yeah, I didn't appreciate that at all. COHMISSIONER NORRIS: You see that? John C. Norris, the county commissioner for your district. That's not right, that's completely erroneous. The next paragraph, if you fail to make your feelings known to both Mr. Lennane and all the members of the Board of County Commissioners before December the 16th, your real estate taxes increase. Again, that's a boldface lie. COHMISSIONER CONSTANTINE: By the way, did Mr. Lennane send his vote in by proxy or -- COHHISSIONER HAC'KIE: Mr. Lennane sent his vote in with his check several weeks ago, he has been a strong supporter over the many months that we've been working on this and has financially supported it -- CHAIRMAN HANCOCK: Last time I checked, he wasn't made a member of the Board of County Commissioners. COHMISSIONER HAC'KIE: Unless something happened in my district that I didn't know about. COHMISSIONER NORRIS: The point is, we're going to establish, perhaps, boundaries today, but there's got to be numerous public hearings and -- and a charet, you're gonna have a charet? COHMISSIONER HAC'KIE: We certainly are. COHMISSIONER NORRIS: And all sorts of public input, plus two more hearings and budget -- and plus budget hearings in front of this county commission before any tax would ever be considered to be levied. So that's where we are, I mean, and that's where we're going. COHMISSIONER HAC'KIE: You were misled. COHMISSIONER NORRIS: And this letter is junk. (Applause.) UNKNOWN SPEAKER: Hay I ask a question? CHAIRMAN HANCOCK: Excuse me, sir. Excuse me, sir, I'm up here. or to can What we have is, for those of you who have not had the opportunity desire to attend a meeting before, the method in which we will go the individual public speakers is by registration slip. There are slips out in the hallway to fill out your name -- UNKNOWN SPEAKER: I turned in -- CHAIRMAN HANCOCK: Okay, sir, then you will be called in order and at that time you'll be afforded five minutes to either ask questions or address the board or give your opinion, that way we do it in an orderly fashion. out and So if you have not filled out a slip and you wish to speak on this matter, please make sure you get one in the hallway, fill one and hand it in to Mr. Fernandez, over here to my right, your left, we'll be able to go through and make sure everyone gets an opportunity to be heard on that. At this point, Commissioner Mac'Kie, I believe, have you set it up to the point that you feel -- I think we've kind of framed today's decision about as well as we can. At this point, I guess it would be beneficial to go the public speakers, unless there are questions from the board at this point. Seeing none, Mr. Fernandez, how many speakers do we have on this item? MR. FERNANDEZ: Probably about 20. CHAIRMAN HANCOCK: About 20, okay. Just so everyone knows, that's about ninety to a hundred minutes of speaking. You're more than welcome to spend your five minutes however you'd like. If, however, someone has said exactly how you feel and you want to avoid being repetitive, feel free to just mention either support or opposition and that's certainly your alternative or your option. Weigel? MR. WEIGEL: Thanks. One comment for the record, which may reduce some of the need for questions or speaking, is that the boundaries that the board may adopt today, if it adopts an ordinance for the creation of the MSTU, are the boundaries that the board adopts today. Now what was advertised and accompanies the agenda packet is a boundary that is slightly different, slightly larger than what appears behind me and what the commissioners passed out. So please be apprised that it appears that the board is reviewing and at the present time considering the boundary that is before them at the present and it appears behind me up on this sheet on the board. COMMISSIONER MAC'KIE: And just by way of explanation about that, as you know this was scheduled quickly because we're trying to get in under the end of the year, this is our last meeting, your graphics department, Mr. Fernandez, has been wonderful. MR. FERNANDEZ: Thank you. COMMISSIONER MAC'KIE: They as quickly as today, you know, have responded and gotten us the official maps, so that there could be no question about what we were adopting, even though most of us have understood that this was just a rough, but, you know, it's got magic marker on a map. It's not exactly science, so we wanted to have the science here today so you would know for sure what you're doing and they've done a wonderful job. MR. FERNANDEZ: Thank you. CHAIRMAN HANCOCK: Further questions or comments of staff? With that, Mr. Fernandez, let's go to the public speakers. MR. FERNANDEZ: Thank you, Mr. Chairman. The first speakers are be Linda Goodman and William Connelly. CHAIRMAN HANCOCK: Ms. Goodman? And if you're the second individual called, if you'd be so kind to just come forward in the room so that as the one speaker finishes, you can step up and we'll able to move through in a more expedited fashion that way. MS. GOODMAN: Good afternoon. My name is Linda Goodman and I represent IRT Property Company, who owns the Gulf Gate Plaza on Bayshore and 41. We would -- we object to being placed in this taxing district if we are in fact going to be placed in it and I don't know COHMISSIONER HAC'KIE: You're not. MS. GOODMAN: -- that for sure. We're not? COHMISSIONER HAC'KIE: No, ma'am. MS. GOODMAN: Okay. So I guess I really don't need to say anything else, other than we object to being put in that tax district, because we didn't feel it was like any benefit to our property and our in tenants would be burdened with undue taxes that we didn't feel they could bear. COMMISSIONER MAC'KIE: I hope that you're participating though the Gateway Triangle process. MS. GOODMAN: Definitely. We're definitely interested in that. So if we're gonna be in that taxing district, we're very happy. COMMISSIONER HAC'KIE: Great. MS. GOODMAN: Thank you very much. CHAIRMAN HANCOCK: Thank you, and you can tell your client you succeeded. MR. FERNANDEZ: William Connelly and Quentin Kohler. CHAIRMAN HANCOCK: I think we have -- is this Mr. Connelly? Yes, okay. off Then Mr. Kohler would be next. MR. CONNELLY: I'm William Connelly. I live on Bayview Drive Kelly Road. It used to be Kelly Road, I still remember it as Kelly Road. Well, anyhow, I am here to object for many reasons. Number one, I was not notified of anything going on like this until I received this from a neighbor and that was two days ago. I have -- I'm not going to take up a lot of your time, but I have a few questions. Who instigated this? Who was the prime mover? Do you live in the area? COMMISSIONER MAC'KIE: No, sir, but I represent that area. MR. CONNELLY: Oh, okay. I don't approve of giving anyone a blank check, which is what this is. Oh, yes, it is. Three mills, three mills doesn't sound like much, but it is. Now, I'm not gonna take up your time. I just want to let you know that I object to the way it was done. I heard nothing about it. I was not notified and anytime -- if you want a new gas tax, you have to have the voters approve it. What approval can I give it? What choice do I have? COMMISSIONER MAC'KIE: I can tell you some of those -- some answers to some of those, if you've got -- MR. CONNELLY: Well, don't answer my questions now. I want to save your time, I'll sit down, and you'll hear the questions again. CHAIRMAN HANCOCK: Thank you, sir. COMMISSIONER CONSTANTINE: Because I suspect we may hear that question more than once, the answer to that question, when will you have an opportunity is, A, today, and B, through the public hearing process all spring. So there will probably be three or four opportunities. MR. KOHLER: My name is Mr. Kohler and I'm opposed to the creation of the ordinance for the taxing district, for the beautification, which would put a hardship on all of our taxpayers in the district. Thank you. CHAIRMAN HANCOCK: Thank you, sir. MR. FERNANDEZ: Paul Myers and then Larry Ingram. MR. MYERS: My name is Paul Myers and all I want to know is this -- is this map accurate? CHAIRMAN HANCOCK: Yes, sir. That's the map -- MR. MYERS: If we're not inside the green, we're not -- not -- COMMISSIONER MAC'KIE: Yes, sir. CHAIRMAN HANCOCK: You're not a part of the taxing district as proposed toady. MR. MYERS: Okay. Can you explain to me why you've got -- like right here, you've got that outlined? COMMISSIONER MAC'KIE: Because that is -- that's precinct number 81, so if you will see there are several precincts put together in this map starting with 86 and 111 at the top, going all the way down. That one little area is an RMF-6 area that's precinct number is 81 and then following it is precinct number 211, so those are just the taxing precincts. MR. MYERS: So everything outside of this is not -- COMMISSIONER HAC'KIE: That's correct. can MR. MYERS: Okay. CHAIRMAN HANCOCK: Okay. I'll tell you what, sir, if you're gonna be at the map, there's a microphone right behind you so we get you on the record. Either one is fine. HR. HYERS: I'm done, thank you. CHAIRMAN HANCOCK: Oh, okay, and very happy, that's good. Next speaker. MR. FERNANDEZ: Larry Ingram, then Laban LeBuff. MR. INGRAM: My name is Larry Ingram. I'm the owner of Gulf Gate South, in the what is now proposed to be excluded area and had this been done at the last meeting, it certainly would have saved me a great deal of time and undoubtedly everyone a great deal of aggravation. COHMISSIONER HAC'KIE: Then our written -- our spoken assurances at the last meeting were not adequate, because we did give you that on 39 the the record assurance. MR. INGRAM: The properties originally platted as 37, 38 and of Naples Grove and Truck Company's Little Farms, et cetera, but Gateway Triangle had been included in that re-development district. COMMISSIONER MAC'KIE: Mr. Ingram, are you going to make your speech despite the fact that we've told you you're not in it and you've seen written proof now that you're not in it? MR. INGRAM: If I'm assured that I'm not in it, then -- COMMISSIONER MAC'KIE: You're a real estate lawyer, you can look at that, I think your strip is right below the C-4. MR. INGRAM: Thirty-seven, thirty-eight is the legal description. COMMISSIONER MAC'KIE: I believe that it's clear that you're excluded. MR. INGRAM: Okay, fine. Thank you. MR. FERNANDEZ: Laban LeBuff and Joe Hayes. MR. LeBUFF: My name is Laban LeBuff. I'm not a public speaker and not realizing completely what was happening today, I've written up this thing which I'll go ahead and read, although maybe it should wait until later. I reside at 6024 Bayshore Drive, which is located on the west side of Bayshore Drive and south of Thomasson Drive. I also own property with a small business at the corner of Republic Drive at 6023 Bayshore Drive. I've lived at this residence for over 30 years and our business was opened over 20 years ago. In Sunday's newspaper there were articles about the proposed Bayshore Avalon taxing district and Mr. W. Thomas Grim of Windstar Development was quoted and a Bill Neal involved and some business owners -- residents steering committee is mentioned. I wonder if these business owners are property owners and also, I wonder -- I didn't have this written in, if possibly some of the speakers today that are possibly from Windstar are in the county or live in actually the city. In a flyer that was recently distributed a Mr. Lennane, a local developer is mentioned. Mr. Lennane has started developments on Bayshore Drive that have come to a standstill. If I read between the lines correctly, the main beneficiaries of this proposal at this time will be existing developments and developers such as Mr. Grim of Windstar and Mr. Lennane and not the average property owner. The top priority seems to be landscaping road medians, excuse me · on Bayshore Drive. I know of no other road medians in the area of proposal. No way can I agree with this as priority one. I know the main concern of my neighbors in Turner Oak Hills Estates is drainage. Any time any drainage maintenance in the area has been done, it's actually at the height of wet season when it's almost impossible to correct anything, but I guess complainants are passed about or just give up. I understand from hearsay, the county's latest desire for this subdivision is to run water uphill. I do realize the cost of government and everything related is not cheap. My taxes this year were close to $1,600 and I won't complain about that. In over 30 years at this address, I've seen a bike path construction along Bayshore Drive, probably financially supported by school board funds for Avalon school access. I believe the road was resurfaced one time. The roadside ditch was cleaned possibly twice. A tractor with a bush hog mode mows over it every two to three months. I believe the sheriff's department patrols more often than it used to. Recently partial resurfacing was done on some streets in the area, including Bayshore Drive at my address. This was done because of sediment caused by faulty sanitary sewer installation. I doubt if the sewer contractor was obligated to do this repair at their expense, but maybe so. If not, the residents have paid for it twice. Once through sewer assessment, et cetera, which cost me a total of close to for $19,000, and again through our taxes. As usual, the job is not finished as it should be in accordance with normal county requirements. I don't know if what I've described is a fair shake 30 years of taxes or not. I believe that most of the people that live in the area of proposal are working-class people with a high percentage probably renting. Some residents that own or are purchasing property where they live are paying the normal taxes, garbage pick up, sanitary sewer assessment and possibly potable water assessment, plus feeding families. They need no more taxes. In the Hallendale subdivision, which was platted and recorded back in 1935, the streets have never been paved. Do you think the property owners, who evidently cannot afford to have paving done, are the concerned about and willing to be taxed for landscaping medians at north end of Bayshore Drive? It's ridiculous. All in all, I think this steering committee and the developers involved are putting the cart before the horse. These problems I've mentioned were here long before Kelly Road, now Bayshore Drive, was four-laned. I'm against any further taxes in this area especially south of Thomasson Drive where Bayshore Drives becomes a substandard right-of-way. I might also interject that I personally think it would be unfair or even unethical to approve this proposal without an approval by referendum by the property owners in this area. Thank you. CHAIRMAN HANCOCK: Thank you, sir. MR. FERNANDEZ: Joe Hayes and then Joe Buscemi. MR. HAYES: Yeah, my name is Joe Hayes and I live on Bayshore Drive. I've lived there for 22 years and everything that Laban has said has pretty well covered everything that I wanted to say. Thank has in to you. CHAIRMAN HANCOCK: Thank you, Mr. Hayes. MR. FERNANDEZ: Okay. John Morgan and then Hubert Reimer. MR. MORGAN: I think what I wanted to say has been said. CHAIRMAN HANCOCK: Okay. Mr. Morgan indicates opposition and stated that what he feels has already been stated for the record. Next speaker. MR. FERNANDEZ: Hubert Reimer. MR. REIHER: I don't want to talk about it. I just live here the wintertime. CHAIRMAN HANCOCK: Okay. We kind of have to have one or the other. Either you're gonna waive your right to speak or you need come forward, because I don't want to get your statements wrong for the court reporter. Okay. Sir, you have to come forward to the microphone, if you would, please, so the court reporter can get it on the record. MR. REIHER: I'm opposed to the taxes. I'm just a half a year here in the wintertime and bring my money and spend it here, you know, have a good time, you know, taxes, taxes, taxes, you know, I am retired and I have just so much money that I can spend and I'm against tax -- CHAIRMAN HANCOCK: Your name, please? may MR. REIHER: Reimer, Hubert H-U-B-E-R-T, Reimer, R-E-I-H-E-R. CHAIRMAN HANCOCK: And where are you from, Mr. Reimer, if I ask? HR. REIHER: From Canada. CHAIRMAN HANCOCK: Okay. Thank you. MR. FERNANDEZ: John Payne and then Fred Baker. MR. PAYNE: Thank you, Mr. and Mrs. Commissioners. My name is Payne, John Payne, I'm a retired naval officer. I live in the wintertime with my wife at Moorhead Manor, which was mentioned a little while ago. If taxes are increased because of this, and they definitely will be in spite of what you people think about it, I can afford it, my wife can afford it with me, but we have widows and widowers in our park that are living from month to month for their -- for their social security or their -- some other benefits. They do not have the money to pay additional taxes. COHMISSIONER MAC'KIE: tell you one thing, sir? MR. PAYNE: Yes. COHMISSIONER HAC'KIE: right about that? MR. PAYNE: Yes. COHMISSIONER HAC'KIE: taxes. Would you mind if interrupt you just to Moorhead Manor is mobile homes, am I And mobile homes don't pay property HR. PAYNE: Oh, really? COHMISSIONER HAC'KIE: On the dirt underneath, they do. MR. PAYNE: Then I should get a refund every year for the taxes that I've paid, for about $45. COHMISSIONER HAC'KIE: Forty-five dollars? MR. PAYNE: Yes. COHMISSIONER HAC'KIE: You may well pay -- MR. PAYNE: Excuse me, $454. COHMISSIONER HAC'KIE: On the -- MR. PAYNE: On our mobile home. CHAIRMAN HANCOCK: Isn't a mobile home considered an improvement on the land? COHMISSIONER HAC'KIE: No, not for property taxes. MR. INGRAM: There are two ways for tax -- CHAIRMAN HANCOCK: Okay, okay, okay. COHMISSIONER HAC'KIE: Yeah, I'm talking about for ad valorem, but I don't think that this will be the problem that you're concerned with, but I should have let you finish. MR. PAYNE: Passing this act is about like Congress giving Clinton the right to levy a 15 percent increase in income taxes and if that ever happened, it certainly would -- it certainly would bankrupt many of the people in the country. COHMISSIONER NORRIS: Well, actually, he did that. on for in and go are MR. PAYNE: I feel that -- COMHISSIONER NORRIS: That actually did happen, sir. It went from 28 percent to 39 and a half under Clinton. MR. PAYNE: The need for -- for improvement money should be approved by the people of the area. I don't feel it should be approved by you people, and here is my petition. MR. FERNANDEZ: Fred Baker and then Gail McClain -- McCain-Brooks, I'm sorry. MR. BAKER: Good afternoon. My name is Fred Baker and I live Sabal Court, and I wrote this down because it was the easiest way me to do it. I feel that this will end up being a three mill tax the end as these things always seem to do. They start out small just escalate. This would be a 30 percent increase in taxes. COMMISSIONER CONSTANTINE: I'm gonna interrupt you before you too far. You said, as these always do. Can you cite me a couple examples? MR. BAKER: Not right offhand. COMMISSIONER CONSTANTINE: Because there aren't any. There zero examples. COMMISSIONER HAC'KIE: There are zero. Hasn't happened. CHAIRMAN HANCOCK: You may be referring to the Clinton administration, which in this area, them's fighting words. Okay, so MR. BAKER: fixed incomes like me. 100 on And I feel it would put a burden on people with Just as one thing -- my house insurance went up percent in three years, just some of the things we're dealing with fixed incomes and I don't believe this situation -- for one, they changed the name of Kelly Road to Bayshore and it didn't make matters any better, you know, nothing really changed, and I'd also like to say that the sheriff has done a good job cleaning up Bayshore, they really have, but it's not done yet. There's still a drug problem there. I think this should be addressed before we go into any beautification thing that's gonna solve the problem. We've got to get the drug thing under control first, and I guess the other thing I question is, you know, how did Airport Road get their medians and stuff fixed out there? Was there a tax referendum -- district like this made to get 12 the money to do Airport Road also? COMMISSIONER CONSTANTINE: I'll give an example in my neighborhood. I live in Golden Gate and we've taxed ourselves for years to have that Parkway. That Parkway's won statewide awards for beautification, but only the people in that area pay for that beautification. COMHISSIONER NORRIS: And I'll give you another example. I live in the Lely Beautification District, which is the highest millage assessed of any of them that we have and it's 1.6 mills, but we've done that ever since I've been there. CHAIRMAN HANCOCK: The majority of arterial roadways fall under the Streetscape Master Plan, and those that are designated arterial for the purposes of transportation, when they are widened or built out are landscaped, I don't believe Bayshore is designated as an arterial roadway -- COMHISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: -- because it doesn't -- COMMISSIONER MAC'KIE: Doesn't go to anywhere. CHAIRMAN HANCOCK: -- go to anywhere, doesn't connect from one to did ago and another, so that's why it is not a part of that program. MR. BAKER: Okay. I did not understand that. CHAIRMAN HANCOCK: Probably gave you a little information overload there, but -- MR. BAKER: The other thing I would like to state is I really not get any notification about this at all. I found out two days that this was going on and naturally panic sets in and -- COMMISSIONER MAC'KIE: Of course. MR. BAKER: -- it's like, you know, let's do something here, I'd just like to state that I am against this proposal because I'm against more taxes that I feel are not gonna do the job. I'm not against improvement of our neighborhood by any means, but I don't feel that this is the answer. Fixing the drug problem is the first answer. That's all. CHAIRMAN HANCOCK: Thank you, sir. MR. FERNANDEZ: Gail -- COMMISSIONER NORRIS: That's the second person who commented they weren't notified. Commissioner Hac'Kie, you sent out 2,000 letters? COMMISSIONER HAC'KIE: I appreciate that -- CHAIRMAN HANCOCK: Ladies and gentlemen -- COMMISSIONER MAC'KIE: I've been '- CHAIRMAN HANCOCK: If I can, I appreciate your desire to participate from the audience, but it can't get on the record unless you're at that microphone, so I would -- please, comments from the audience, we just -- we can't get on the court reporter's record, so please let's reserve our comments for when the speaker's recognized. COMMISSIONER MAC'KIE: One of the things I wanted to say and I'm trying to wait until all the speakers are finished, but I did send out of the an of 2,000 letters. I got the list from the property appraiser's office all of the property owners in the area. If you rent, that may be problem that I didn't get you, because you are a tenter instead of owner, but if -- you know, the list I got was from the property appraiser's office. It had 2,000 property owners on it. Each one those got a letter. They're fussing at me about how much postage I spent, frankly, on doing that. If you didn't get any kind of a notice and you would be so kind as to stop in to the receptionist in the county commission office and and you will get every other letter, everything from here on out. the best I can do. CHAIRMAN HANCOCK: Let's go back to public speakers. MR. FERNANDEZ: Gail HcCain-Brooks and then A.H. Carter. CHAIRMAN HANCOCK: I'm sorry, we just -- we need to keep moving through the public speakers. Please come forward, sir. MR. CARTER: Collier County Commissioners, I am A. H. Carter, Jr. give her your name and address, I promise you will be on the list It's and approach this from a little different viewpoint, perhaps. As I see it, this is the time of the year where we all give great thanks for being in the great United States of America, and if you look down deeply, you find that the building block that makes this country great is the community and the families that make up the community and here we are, if we have a sound building block, you build a nice community, a nice county. If you have a good county, you get a good state. If you have good state, a lot of good states, you have a fine nation that's what I think we all want. So as I look at it, it's pretty obvious from observation that Bayshore Drive has been neglected and continues to be neglected in many different ways perhaps, as some of these gentlemen are addressing. So as I see it, we each individually and collectively have a responsibility to help our communities and make them better and the objective here, as I understand it, is simply that, to find ways to make our community better and I certainly think that this effort deserves the full support of the commission. Thank you. My home is on Yacht Harbor Drive off of Bayshore Drive. I'd like CHAIRMAN HANCOCK: Thank you. MR. FERNANDEZ: Peter Twiddy and then Lynn Hixon Holley next. CHAIRMAN HANCOCK: Again, I'm gonna ask that if you're the on deck speaker, so to speak, if you go ahead and at least come forward so that you will be ready to step to up the microphone immediately following the current speaker. Sir, please go ahead. MR. TWIDDY: I didn't know I was on deck. CHAIRMAN HANCOCK: What was your name? MR. TWIDDY: Peter Twiddy. CHAIRMAN HANCOCK: Okay, you're up, Mr. Twiddy. Mr. TWIDDY: I have a property on 2718 Bayview Drive, also property over on 2938 Poplar. I want to say thank you very much, Mrs. Hac'Kie, I'm very much in favor of everything. I did receive a letter. I'm more or less here today because of -- well, he just let but the room, but the gentleman that sent the scare tactic memo. I understand that you have to give something to get something, so -- I do understand some of these other problems these people have like south of Thomasson Road, I do believe that place needs beautification, it needs help. It needs, you know, pavement -- COHMISSIONER HAC'KIE: Pavement, right. MR. TWIDDY: -- to say nothing else, but I just wanted to say that I'm definitely in favor of it, the dredging of Haldeman Creek, everything. The area has been neglected over the years, but the taxpayers' money has been used because the area has been cleaned up and that's what we're paying our money for. I've been there for over 10 years now and I've seen a big change down in that area and I'm looking forward to the change in the future. Thank you. CHAIRMAN HANCOCK: Thank you, sir. COHMISSIONER CONSTANTINE: Kind of comical, I guess, that the gentleman that was so concerned to go to all the neighbors and get them concerned doesn't even stay to the end of the hearing as soon as her his property's not involved. MR. FERNANDEZ: Lynn Hixon Holley and then Butch Morgan. COHMISSIONER HAC'KIE: I don't see Ms. Holley. I don't see in the room. HR. FERNANDEZ: Next is Irene Lichtefeld. MR. MORGAN: Hello, I'm Butch Morgan, 3512 Guilford Road, and represent the Guilford Acres property owners. As property owners, first of all I have to find out if we're still in this because we were never notified, nobody on our street that we know of, nobody came to me and said they ever got notified and I'm the person that they would come to. COHMISSIONER NORRIS: And you're on what street, sir? MR. MORGAN: We're on Guilford Acres, right off Guilford Road. COHMISSIONER HAC'KIE: Okay. No, you're not included, sir, that's in the Avalon area? MR. MORGAN: Right next to Lake Avalon. COHMISSIONER NORRIS: Put your finger on where you live. You're out. COHMISSIONER HAC'KIE: You're out, sir. CHAIRMAN HANCOCK: Another happy customer. MR. FERNANDEZ: Irene Lichtefeld and Dave Carpenter. MS. LICHTEFELD: Good afternoon. I'm Irene Lichtefeld and I live -- I have an office on Bayshore Drive. I own property other than - in that same area. I have been in practice for 26 years and I hear people laugh when they say that it went from Kelly Road to Bayshore. I stood up before the commissioners the last time and when I went up the and down Kelly Road to get people to support so that the people on other side of town wouldn't call our children unkind names, no one wanted to do it. I offered to buy -- you know, they didn't want to because they had to change their stationery. I offered to buy their stationery. Well, anyhow, we got from Kelly Road to Bayshore and they've laughed at me behind my back ever since and they said you can't make a silk purse out of a sow's ear. Well, I think differently. I believe in the people in East Naples and I think this is the only chance that your children and your grandchildren have to get ahead. I'm for it and I hope everyone else is, too. Thank you. COHMISSIONER NORRIS: Miss Lichtefeld, can I ask you a question? MS. LICHTEFELD: Yes, sir. COHMISSIONER NORRIS: Are you Dawn's sister? MS. LICHTEFELD: No, no, but everyone thinks that we're related because we sort of wave and carry on the same way. She's a financial planner and I'm a tax accountant. COHMISSIONER HAC'KIE: There you go. MR. FERNANDEZ: Dave Carpenter and then Bill Neal. MR. CARPENTER: Good afternoon. Dave Carpenter, president of EastNaples Civic, and Merry Christmas to you-all. COHMISSIONER HAC'KIE: Thank you. CHAIRMAN HANCOCK: Merry Christmas to you, Dave. MR. CARPENTER: I wanted to reiterate the support of East Naples Civic for the Bayshore HSTU project. It's going to be the trigger that really pulls the area up. The groundwork has been done. The grassroots level has been taken care of. There's substantial support for it and now it's time to go ahead and finish it out and let the people start with the improvements. Somehow today I was reminded of the old Christmas story about the grinch who stole Christmas and what I suggest is don't let the grinch from Aqualane Shores steal Christmas on Bayshore Road. CHAIRMAN HANCOCK: Would that be the millionaire grinch that sent out this letter? MR. CARPENTER: It could be. Very simply, this type of discussion is no place for scare tactics. I'm surprised it wasn't suggested the county commission was gonna strip them of their social security. We kind of waited for that. This is the day, and in time for Christmas to reject the politics of fear and go ahead and create the MSTU. It's a hell of a Christmas present, though, when people want to tax themselves, isn't it? That makes it a little nicer. Thank you very much. CHAIRMAN HANCOCK: Thank you, Dave. MR. FERNANDEZ: Our final speaker is Bill Neal. MR. NEAL: Hello Commissioners, thank you. My name is Bill Neal. I live off of Bayshore at Clipper Cove Lane and I'm the chairman of the steering committee for this program, and there was a gentleman here earlier who mentioned the names that were in the article in the He newspaper this Sunday and I'd like to reply just briefly to him. mentioned the gentleman that may be involved with builders, may be involved in business. I'm a retired individual, I also live on a fixed income. So I'm affected with taxes just the way most of the folks here are who have spoken against them. It's a shame that one individual has caused so much misinformation to be spread into a community that really needs help, guidance and direction and participation to be better. I'm somewhat embarrassed that all of you weren't notified. I think if you had had the opportunity to listen to what this program really is, you would have endorsed it 100 percent and as a matter of fact, we had very little disagreement about this for all people that we talked to until a certain individual, a very negative individual who has no tax base in our area whatsoever, started representing himself. Having said that, I'd like to say that the truth on taxes is that, there are a number of people who have talked here today that, under the homestead exemption and I'm not sure, it wasn't mentioned by We say Pam -- but there is a level that some folks aren't even taxed and didn't ask them at what tax level they were and I would venture to that some of the folks, perhaps, that are talking today, may not even be taxed on this program. What another individual said was it gives us the opportunity to help control our density. There is no better way than for government and private folks to work together to make places better. I know that we don't get the kind of help we always want from the media and I hope that most of you saw the editorial in this morning's paper about Bayshore Drive, and if you didn't, I'm not a trained speaker like the individual who was so against this, but I think these words are so appropriate that I'd like to read the editorial to all of you who didn't read it. The title is Bayshore Drive and it says, stay on the road to rejuvenation. Stay on the road. Special taxing districts are ideal mechanisms for home rule. We want home rule, that's what we want. A neighborhood taxes itself for its amenities, such as street lighting, paving, et cetera, et cetera. I'll skip some of the words. Everybody pays, money raised at home stays at home. Nothing better than we can ask for. It seems tailor-made for the rejuvenation of the Bayshore Drive area of East Naples. The response to crime, an eyesore on Bayshore through the years, has evolved from complacency, then idle complaining, and I might mention I've heard a lot about the idle complaining, to fighting back where we started, and now a consideration of a taxing district. Momentum is on the side of neighborhood leaders who understand it is up to them to clean up their own backyard. It's up to us to do that, folks. Yet, eleventh hour tax protestors raise questions about being in not one, but two tax districts, an erroneous assumption, something that should never have been raised. Property owners ought to be in one or the other, not both. We agree with that. Bayshore initiative should be advanced at every opportunity. There is no free lunch and self-determination is the best way to set the table. Constructive leadership on Bayshore Drive has come a long way and has a long way to go. Stay the course. I thank the editorial of the Naples Daily News. Thank you very much. CHAIRMAN HANCOCK: Is that our last speaker, Mr. Fernandez? MR. FERNANDEZ: No other speakers, Mr. Chairman. MR. MYERS: One question, when was the letter sent out? COHMISSIONER HAC'KIE: Could you ask in the office right there? They'll tell you. MR. MYERS: Thank you very much. COHMISSIONER HAC'KIE: I don't have the date off the top of my head. He's got a copy of it back there, I bet ya. CHAIRMAN HANCOCK: Well, tell you what we're not gonna get into -- I can't really get into question and answer -- no, sir, I'm sorry. We have to, you know, we've got a few other items on the agenda to get to. The one -- unfortunately, I think a lot of people that were motivated from the negative sense were motivated by correspondence or why letter or scare tactics, not to say there isn't a real concern out there. I have to -- I'm curious, why is there a three mill cap, isn't it a mill and a half? COHMISSIONER HAC'KIE: Just, I think that that's the standard. Heidi, am I right that you always write them that way? MR. INGRAM: That's the maximum the statute allows. CHAIRMAN HANCOCK: Mr. Ingram, you know as well as anyone that unless you're at a microphone your statements are not on the record, so we'll ask our county attorney for that information, if you don't mind. Ms. Ashton. MS. ASHTON: For the record, Heidi Ashton, assistant county attorney. The three mill cap came from direction from the meeting that we had. COMMISSIONER MAC'KIE: Okay. COMMISSIONER CONSTANTINE: There's nothing that prohibits us from making it lower than that. That's the maximum allowed, I assume you just -- COMMISSIONER HAC'KIE: There's nothing that prohibits it from that, but I would ask you to leave it at three, and the reason is that we will set the millage according to what the community wants to do. I think it could not possibly -- there is one fraction of the community that wants to -- a person or two that I heard that wants to do three mills. I don't think there's any possibility it's gonna there, but I'd like to leave all the doors open at this point, unless you have some major problem with it. I'd wish that you leave it at three as a cap. COMMISSIONER CONSTANTINE: Can I just ask you a question? Commissioner Hac'Kie, we've heard a few different things today, but you've been the one who's really been on top of this and been a part of it. You've been out in the community, you've had your letters, you made your phone calls, you feel confident that overall majority of the people are in favor of doing this to improve their community? that of had the Bay COHHISSIONER HAC'KIE: I feel extremely confident of that, this has been started -- this process has been ongoing for over a year. It's been very seriously ongoing for about six months, you would be amazed and frankly thrilled to see the kind of support and neighborhood spirit and community pride that there is in this part town, and they want this. I'm confident they do. CHAIRMAN HANCOCK: For those that have -- for those that have -- never had experience with a taxing district, at least I'm sure every district's the same, but in mine they range everywhere for something as minimal as just street lighting for a street, where millage is nearly zero after they're installed, up to the Pelican community, which actually taxes for landscaping beyond what most communities have and several other things. So there's a broad range there. The key is, it can be tailored to what the community feels is in its own best interest. So today's action in essence sets the stage for that discussion to occur to determine if any millage rate and what it is intended to accomplish is appropriate and that's going to be the key. I think there's enough interest here to establish the boundaries, to establish the district and to initiate the discussion on what is and is not an appropriate millage rate to accomplish certain objectives within the community, and that is the meat of this decision and that has not happened yet, that is just starting. So I, for one, am supportive at least of the district being created and allowing the community to move ahead with that meaningful discussion over what is and is not appropriate in the way of improvements. Commissioner Berry. COMHISSIONER BERRY: If we go ahead and establish this boundary and do all of those kinds of things and then eventually an advisory committee is established, when that advisory committee meets, are these people welcome to come to those meetings and is it available for them to come and be heard? COHMISSIONER HAC'KIE: They will be requested please to participate and be heard, absolutely. COHMISSIONER BERRY: Okay. So basically what you're saying is that we can go ahead and set this in motion to be established and then the people still have the right to come forward and meet with this advisory committee and let their wants and wishes or their -- COMMISSIONER MAC'KIE: Objections. COMMISSIONER BERRY: -- objections be heard as well, am I correct? COMMISSIONER MAC'KIE: That's absolutely correct, and that committee could come back to us and say, we'd like for the millage this year to be zero. COHMISSIONER BERRY: Okay. CHAIRMAN HANCOCK: And that committee is made up of individuals within the taxing district that are appointed by this board. whether you are for or against the taxing district, your input with that advisory committee is very, very key and your presence on that advisory committee is how you can best get things done and get the feelings of your immediate neighborhood represented, and again, this board will make those appointments, but it is given time to be advertised in the paper for all those interested in serving on the committee to submit their names, as long as you are a registered voter of the county and live in this district, you qualify, and then we will make appointments from there. COHMISSIONER BERRY: But it does require the people who live in you this district to participate? COHMISSIONER MAC'KIE: Absolutely. COHMISSIONER BERRY: Okay. All right. CHAIRMAN HANCOCK: I would also like to suggest for those of who received a letter signed by Mr. Ingram encouraging you to contact a private citizen, James Lennane, I've met Mr. Lennane once or twice, but Mr. Lennane doesn't make any decisions relative to this and probably, not only do I feel it was inappropriate for Mr. Ingram to ask for you to do that, it really doesn't have any effect on the decision this board is going to make regarding the taxing district, no it the map matter how many phone calls Mr. Lennane gets. So I think it's unfortunate that it was transmitted to you, but if you wish to have input on this, the first place is in the public hearing process and outside of that, the five members of this commission. Thank you for listing our names and phone numbers, Mr. Ingram, was the one part of this I agreed with. So you can contact us and I'll be glad to give you whatever opinion and consideration I have. COHMISSIONER HAC'KIE: I'd like to make a motion we approve Bayshore HSTU based -- I'm sorry, public hearing. CHAIRMAN HANCOCK: Mr. Fernandez, there's no other speakers? MR. FERNANDEZ: No other speakers. CHAIRMAN HANCOCK: I'll close the public hearing. Is there a motion? COHMISSIONER HAC'KIE: And then I'll make a motion that we approve the Bayshore HSTU in accordance with the boundaries on the that's on the board and in our possession with the millage cap of three, range from zero to three. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and a second. Discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five to zero. Remember, folks, whether you are for or against this district, keep up your level of participation. Its the only way we're gonna hear from you. COHMISSIONER HAC'KIE: Leave your address and names, if you didn't get a letter from me and you would like to, please leave your address and name in the county commission office. CHAIRMAN HANCOCK: You're not gonna have too many more of those, are you? COHMISSIONER HAC'KIE: I'll try not to. Item #12C3 RESOLUTION 97-480, SETTING FORTH THE INTENT OF THE BOARD OF COUNTY COHMISSIONRES TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREH ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICES FEES WITHIN THE UNINCORPORATED AND INCORPORATED AREAS OF COLLIER COUNTY - ADOPTED the CHAIRMAN HANCOCK: Okay. Next item on our agenda under 12(C), and, folks, if I can ask for attention, we have some other items to get to, so if you would hold your conversation until you're out in hall· I would appreciate it. Item 12(C)(3), recommendation to adopt a resolution setting forth the intent of the board to use the uniform method of collecting non-ad valorem tax assessments and so forth, so on, et Getera, et Getera, et me · use Mr. in my cetera. Staff representation on this item is -- MR. WEIGEL: Yes, right here. CHAIRMAN HANCOCK: -- Mr. Weigel. MR. WEIGEL: With the noise I was having -- and questions to I had difficulty. We were talking about the notice of intent resolution; is that correct? CHAIRMAN HANCOCK: Yes, Item 12(C)(3), yes, intent for BCC to uniform method. MR. WEIGEL: Thank you. COMHISSIONER CONSTANTINE: Commissioner Mac'Kie, can you get Reimer out of here so we can hear? CHAIRMAN HANCOCK: All of you, can we make that map available the hallway? COHHISSIONER HAC'KIE: That's a great idea. I just gave them copy. CHAIRMAN HANCOCK: Sorry, folks, we just have some remaining items to get through, if I could ask for your indulgence. you. the the be Thank Mr. Weigel, would you please continue? MR. WEIGEL: Thank you. Yes, sir. I'm ready to talk about advertised resolution to use the uniform method of collection for long awaited -- CHAIRMAN HANCOCK: You know, gentlemen, I'm trying my best to polite about this, but we really need to get on to other items, and you're disrupting the meeting. Please, please, have your discussion in the hallway. MR. WEIGEL: We're talking about the notice of intent resolution, which provides the opportunity or the mechanism for the Board of County Commissioners, if it wishes, during the next year to implement the interim governmental services fees with the assistance of the property appraiser and the tax collector. This is a resolution that is required to be adopted prior to December 31st unless special permission or approval is received from the tax collector or the property appraiser after December 31st, so this is the appropriate date to bring it forward. It's similar to what we did in December of last year, if you've had opportunity to read the resolution, you will note that it once again includes a possibility for the inclusion of the incorporated areas of Collier County. The record from last year was that the City of Naples ultimately determined not to go forward and be included if the county were to have gone forward this past year with -- this current calendar year, 1997, with the interim governmental services fee. We did not hear from the City of Everglades and with the new incorporation of the City of Marco, we felt it would be appropriate to include in this resolution the option for any of those cities to again be in contact and work with the county, if they wish to be included, but it's certainly not mandatory and the county can go forward if it chooses to do so with an ordinance purely within the unincorporated area of Collier County. There is no true fiscal impact if the board were to adopt this resolution today. If the board were to go forward with this ordinance, adopt an ordinance for the interim governmental services fee this next year, the fiscal impact statement that we provided indicates as much as 1,400,000 in revenue may be generated on an annual basis. CHAIRMAN HANCOCK: Mr. Weigel, if I -- I would hope that the board is fairly familiar with this from the discussions we've had in the past. I appreciate your update. Is there additional information on either the legal side that we have not received to date that should play a part in this decision? MR. WEIGEL: Well, I don't think so. I mean, I could tell you if you'd like a little bit about the ordinance soon to be -- to come forward, if you wish. There was one correction on the record I'd like to make of the resolution that appears in the agenda package and that's on page 4 of the agenda package, on line 17, this is actually the second page of the resolution. The end of the line says, portion of a tax year. I would add the word "or years" remaining subsequent to the issuance by the county. We would add the two words "or years" there, and the reason to add that is that in working with our outside counsel, as we work forward in a draft of this ordinance, there is the an an possibility the board will have the option, if and when it adopts ordinance of the interim governmental services fee, of actually extending beyond a 12 month or calendar year or fiscal year period. CHAIRMAN HANCOCK: Thank you. Since we will be asked to adopt ordinance similar to what's before us today in January, I think the discussion relative to the details of the ordinance would best be held then. Are there questions on the resolution setting forth the intent to adopt this ordinance? Seeing none, do we have speakers, Mr. Fernandez? MR. FERNANDEZ: No speakers, Mr. Chairman. CHAIRMAN HANCOCK: We have none. I'll close the public hearing. COHMISSIONER HAC'KIE: Motion to approve staff recommendation. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: 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. WEIGEL: Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Weigel. Item #13A1 RESOLUTION 97-481, REGARDING PETITION AW-97-1, RANDY SEYLER OF D. ASHTON ENTERPRISES, INC., REQUESTING A 250 FOOT WAIVER OF THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN PLACES SERVING ALCOHOLIC BEVERAGES AND A CHURCH/CHILD CARE CENTER FOR A RESTAURANT LOCATED AT PINE RIDGE ROAD - ADOPTED Next item under board of zoning appeals, Item 13(A)(1), Petition AW-97-1, Randy Seyler of D. Ashton Enterprises requesting a 250 foot waiver of the minimum required separation of 500 feet, regarding the serving of alcoholic beverages next to, in this case it's a church, Seventh Day Adventist Church on Pine Ridge Road. MR. HULHERE: Yes, that's correct. For the record, Bob Hulhere, current planning manager. The restaurant in question, which has not yet opened for business, is located at 1046 Pine Ridge Road. You may know that better as the former location of the Moose Lodge and pretty close to Taco Caliente, which the board has previously granted a similar waiver for. The waiver is to alcoholic beverages, but only in to conjunction with dispensing food, and additionally, the board has granted a waiver to another establishment across the street, closer the church. CHAIRMAN HANCOCK: I apologize, I missed this. Hembets of our staff and all those members of the public or petitioner that are here to testify on this item, would you please stand and raise your right hand and be sworn in? (All speakers on this issue were sworn.) CHAIRMAN HANCOCK: Thank you, and you stipulate, Mr. Hulhere, that your previous testimony is under oath. Is that acceptable to you? MR. HULHERE: Yes, sir. CHAIRMAN HANCOCK: Thank you. MR. HULHERE: The only other thing that I would very say briefly is that the pastor of the church has been contacted and does not contest the approval of this request. CHAIRMAN HANCOCK: Okay. I don't have any communication or have had any communication from the Pine Ridge residents. I have met with Mr. Foley briefly on this item earlier today, but that's the only contact I have to disclose at this time. Is there any disclosure from the the board? COMMISSIONER NORRIS: No contact. CHAIRMAN HANCOCK: Seeing none, Mr. Foley, anything to add? MR. FOLEY: Nothing to add. For the record, we've reviewed staff report and have no questions or comments. CHAIRMAN HANCOCK: This is a comment that probably doesn't have a lot to do with the request for approval, but what quality establishment are we talking about here? Is it like a family sit- down restaurant with an attached lounge? I mean, I'm just curious. COMMISSIONER HAC'KIE: I know there's a pool table in the back and I'm worried about that, as far -- I mean, not like pool's a bad thing, just that you said that it's gonna be served in conjunction with food and, you know, this is a real residential area right here. I don't want it to be -- I don't want us to be walking into some of the problems the City of Naples has walked into with live entertainment, loud music all over -- you know, I mean, people having problems with parking lots. MR. FOLEY: I think right in the staff report there's a mention there will be no live entertainment at all or live music. This is going to be a restaurant, just something that -- by alcohol, it's beer and wine specifically. I know that the decor is going to be all tile so it's going to be quite nice from what I'm understanding. The owners are here to add anything, but, you know, I really feel this is going to be an enhancement to the neighborhood, certainly shouldn't be a problem with no live music, no live entertainment. COMMISSIONER HAC'KIE: Is it a chain that we might have heard of? in HR. FOLEY: No, it's not a chain. It's a couple individuals town that have been here for some time and are going in on -- they're going in on their own, they're trying a new establishment and trying their best to make it work in Collier County. CHAIRMAN HANCOCK: Good luck, not an easy task. Further questions for petitioner? COMMISSIONER MAC'KIE: I wouldn't mind hearing from them about, you know, what it's gonna be like. I mean, Taco Caliente is such a tiny little place and it's opened -- CHAIRMAN HANCOCK: Yes, they're still opened. I know for a fact. COMMISSIONER HAC'KIE: But I would love to hear from them about what they have in mind. CHAIRMAN HANCOCK: Certainly. COMMISSIONER CONSTANTINE: Can I ask a quick question of Mr. the Foley before he sits down? What was this building previously? MR. FOLEY: It once was the Moose Lodge. COMMISSIONER CONSTANTINE: Did they have beer or alcohol at Moose Lodge? MR. FOLEY: Absolutely, and they had entertainment there as well. COMMISSIONER CONSTANTINE: backwards from what used to be there? MR. FOLEY: Yes, sir. COMMISSIONER CONSTANTINE: So we're actually stepping Thank you. ask for CHAIRMAN HANCOCK: Commissioner Mac'Kie, you still wanted to questions of the -- COMMISSIONER MAC'KIE: I'll wait. COMMISSIONER NORRIS: I have a question of Mr. Foley. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Mr. Foley, was the Seventh Day Adventist Church there simultaneously with the Moose Lodge? MR. FOLEY: I don't -- I'm not sure. I think it's been there some time. know or That facility is currently for sale, by the way. I this board is aware of that. I think it was there, if I recall. COMMISSIONER BERRY: Both of them have been there for a long time, until the Moose moved. COMMISSIONER MAC'KIE: Is this restaurant going to have a beer and wine license or a general license? MR. FOLEY: Beer and wine. COMMISSIONER MAC'KIE: Beer and wine, and is it the kind of license that has a percentage of food sales as a requirement? MR. FOLEY: Yes, that's also in the staff report, 51 percent greater will be food. COMMISSIONER HAC'KIE: What percent? MR. FOLEY: Fifty-one percent or greater. CHAIRMAN HANCOCK: Do you still wish to hear from the additional speakers? COMMISSIONER MAC'KIE: No. CHAIRMAN HANCOCK: Anything else to add, Mr. Foley? MR. FOLEY: No, thank you. CHAIRMAN HANCOCK: Any registered speakers on this? MR. FERNANDEZ: Mr. Foley was the only registered speaker. CHAIRMAN HANCOCK: I'll close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve. COMMISSIONER BERRY: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion on the motion? Seeing none, all those in favor, signify by aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries five, zero. Mr. Foley, Mr. Mulhere, thank you very much, and again, good luck. Item #14A FEBRUARY 11, 1998 TENTATIVELY SET FOR COLLIER/LEE MEETING WITH CORPS OF ENGINEERS the Head now to staff communications. Mr. Weigel, do you have anything? MR. WEIGEL: No, nothing today, thank you. CHAIRMAN HANCOCK: Mr. Fernandez, yeah, that's your name, anything for you, sir? MR. FERNANDEZ: Yes, sir, we're still -- CHAIRMAN HANCOCK: We're already out the door, sorry. COHMISSIONER HAC'KIE: In the spirit of the season. MR. FERNANDEZ: How soon they forget. We're still working on confirmation of the date of February llth for our meeting with the Corps of Engineers in Lee County. We haven't received any word yet from Lee County and I'm waiting and expect it momentarily. CHAIRMAN HANCOCK: Even though that confirmation may come at a time when the commission is not in session, I would ask you to go ahead and schedule it as long as the majority of the board's schedule does not conflict and get that out to the media. Is that acceptable to the board? COHMISSIONER BERRY: Yes. CHAIRMAN HANCOCK: Just to make sure we get on the books. COHMISSIONER HAC'KIE: I can't imagine anything that couldn't be rescheduled for a subject this important. MR. FERNANDEZ: We have confirmed that the commissioners calendars can accommodate that date. CHAIRMAN HANCOCK: Okay. Anything else, Mr. Fernandez? MR. FERNANDEZ: That's all I have. CHAIRMAN HANCOCK: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Nothing. CHAIRMAN HANCOCK: Commissioner Norris. COHMISSIONER NORRIS: Hay everybody have a happy holiday. COHMISSIONER HAC'KIE: That's a nice thought. CHAIRMAN HANCOCK: Commissioner Berry. COHMISSIONER BERRY: Nothing. CHAIRMAN HANCOCK: Commissioner Constantine. COHMISSIONER CONSTANTINE: I've got one that's in the just doesn't seem to make sense category. This morning, of course, we voted not to hear the item regarding the clerk. Within about 20 minutes of that, a call went out to my Golden Gate satellite office where the clerk's representative out there will -- each Friday, I'm there for about five or six hours and then the clerk's representative will often buzz me and let me know I have someone waiting in the hall when I have someone in my office and just let me know. The clerk instructed his representative out there not to help me anymore. So I don't -- that seems A, vindictive, B, it's penalizing the public more than it's penalizing me and so, I'm just disappointed at the further degradation of communication between the clerk and us. That's completely uncalled for. CHAIRMAN HANCOCK: I said in an interview with WB-10 that there's a right way to do things and a wrong way to do things and I expressed my personal opinion on how I though this is being handled. It seems that that small incident in some way ties in perfectly to what I would consider the wrong way to do things. On a more festive note, Happy Hanukkah and Merry Christmas to everyone, and this is my last meeting starting and finishing as chairman. COHMISSIONER NORRIS: Yea. COHMISSIONER CONSTANTINE: All those in favor -- CHAIRMAN HANCOCK: And I just wanted to thank Mr. Fernandez and an Hr. Weigel and particularly my colleagues up here for making this interesting, but overall a fairly easy, year to get through. COHMISSIONER BERRY: We will now return to two hour meetings. CHAIRMAN HANCOCK: Well, that depends on who's the next chairman, Commissioner Berry. COHMISSIONER BERRY: I just made a comment, Mr. Hancock. CHAIRMAN HANCOCK: I was trying to say something, but never mind. All right. Anyway, thanks to everyone. It's been a fun year. I'll be glad to relinquish the chair. COHMISSIONER BERRY: Yeah, right. COHMISSIONER NORRIS: Well, relinquish it and let's get on our way. CHAIRMAN HANCOCK: Ms. Filson, are you gonna have a Merry Christmas? MS. FILSON: I certainly am. CHAIRMAN HANCOCK: Consider that an order. We're done. **** Commissioner Norris moved, seconded by Commissioner Constantine, and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 RESOLUTION 97-463, GRANTING THE FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR "THE ORCHARDS" AND RELEASE OF THE MAINTENANCE SECURITY Item #16A2 RESOLUTION 97-464, RE PETITION AV-97-022 FOR RECORDING THE FINAL PLAT OF "AUTUMN WOODS UNIT TWO", AND VACATION OF A PORTION OF A DRAINAGE EASEMENT AS RECORDED ON THE PLAT OF AUTUMN WOODS UNIT ONE - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16A3 RESOLUTION 97-465, AND AGREEHENT DEFERRING ONE HUNDRED PERCENT OF THE IMPACT FEES FOR A 140 UNIT AFFORDABLE HOUSING PROJECT TO BE BUILT BY CEI/KENSINGTON, LTD., A FLORIDA LIMITED PARTNERSHIP KNOWN AS SADDLEBROOKS/PELICAN POINTE PHASE I APARTMENTS AFFORDABLE RENTAL UNITS Item #16A4 AUTHORIZATION TO RECORD THE FINAL PLAT OF "PELICAN STRAND PEPLAT - 2" - WITH LETTER OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Item #16B1 WORK ORDER NO. ABB-FT-98-3, PROJECT NO. 31203 TO PROVIDE ON-SITE CONSTRUCTION INSPECTION SERVICES FOR THE IMPERIAL WEST/LANDMARK ESTATES DRAINAGE PROJECT AS REQUESTED BY THE STORMWATER NLA/~AGEHENT DEPARTMENT - AWARDED TO AGNOLI, BARBER & BRUNDAGE, INC. FOR A TOTAL COMPENSATION OF $31,498 Item #1682 BID 97-2690R FOR THE REBID OF THE NORTH COUNTY REGIONAL WATER TREATMENT (NCRWTP) PLANT 8-HGD EXPANSION PROJECT - AWARDED TO HILHIR CONSTRUCTION, INC. IN THE AMOUNT OF $13,684,984.90 Item #1683 - Deleted Item #1684 PROJECT 70824 - JOINT PROJECT AGREEHENT AND HEHORANDUH OF AGREEHENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT THE STATE ROAD 951 12" WATER MAIN IMPROVEMENTS AS A PART OF THE STATE ROAD 951 ROAD WIDENING PROJECT Item #1685 - Deleted Item #1686 CHANGE ORDER WITH SUNSHINE EXCAVATORS, INC. FOR THE LELY HIBISCUS CULVERT CROSSING, PROJECT NO. 31101; CONTRACT NO. 96-2613 - IN THE AMOUNT OF $19,534.25 Item #1687 - Deleted Item #1688 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY 5-HGD EXPANSION, CONTRACT 96-2474, PROJECT 73031 - IN THE AMOUNT OF $65,750.00 Item #16B9 BID 97-2694 TO CONSTRUCT IHMOKALEE DOWNTOWN STREETSCAPE BEAUTIFICATION, PHASE II, SUB-PHASE A - AWARDED TO HID-CONTINENT ELECTRIC, INC. IN THE A_MOUNT OF $455,534.50 Item #16C1 VANDERBILT BEACH CONCESSION AGREEHENT AWARDED TO DAY-STAR UNLIMITED, INC. Item #16D1 BID 97-2751 TO WATERPROOF THE ADMINISTRATION BUILDING "F" - AWARDED TO ROMAN WATERPROOFING & RESTORATION SYSTEMS INC. IN THE AMOUNT OF $49,711.00 Item #16El REALLOCATION OF FUNDS FOR TOURIST DEVELOPMENT ECONOMIC DISASTER PROGRAM Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been filed and/or referred to the various departments as indicated on the miscellaneous correspondence. A Item #16H1 BUDGET AMENDMENT FOR THE USE OF CONFISCATED TRUST FUNDS TO SUPPORT LAW ENFORCEMENT PROGRAM AND FUNDING OF BUDGET AMENDMENT 602 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:42 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: DWIGHT E. BROCK, CLERK TIHOTHY HANCOCK, CHAIRPERSON These minutes approved by the Board on or as corrected as presented TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING By: Traci L. Brantner and Sherrie B. Radin