BCC Minutes 10/23/2001 ROctober 23,2001
REGULAR MEETING OF
OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 23,2001
LET IT BE REMEMBERED, that the Board of County
Commissioners in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:09 a.m. In
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN:
JAMES D. CARTER, PH.D
VICE CHAIRMAN:
PAMELA S. MAC'KIE
JIM COLETTA
DONNA FIALA
TOM HENNING
ALSO PRESENT:
TOM OLLIFF, County Manager
DAVID WEIGEL, County Attorney
JAMES MUDD, Deputy County Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 23, 2001
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
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October 23, 2001
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor G. Dale Benson, Naples First Church of the Nazarene
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended
3. PROCLAMATIONS
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Proclamation for Red Ribbon Week to be recognized during the week of
October 20-31, 2001. To be accepted by Bob Hignite, (David Lawrence
Center); Marlene E. Strollo (Informed Families); Youth from SWAT
(Students Working Against Tobacco) and Paula Armbla (Health Department).
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Proclamation to support the application for grant funding to the Florida
Communities Trust by the Conservancy of Southwest Florida for the
acquisition of Little Palm Island. (Commissioner Carter)
4. SERVICE AWARDS
Five-Year Attendees:
1)
3)
4)
5)
6)
7)
8)
Mohan Thampi, Public Utilities Engineering
Susan Murray, Planning Services
Kenneth Dozier, Parks and Recreation
Alicia Abbott, Public Utilities Engineering
Jonnie Ferrell, Social Services
Linda Ravita, Social Services
Susan Anderson, Library
William Sims, Fleet Management
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October 23, 2001
Ten-Year Attendees:
9)
10)
11)
Henrietta Bucholtz, Emergency Medical Services
Anthony Duesterhoeft, Fleet Management
Stanley Chrzanowski, Community Development
Fifteen-Year Attendees:
12)
13)
14)
15)
16)
17)
John Yonkosky, Utility Billing
Scott Fuller, Wastewater Collections
Erin Percival, Emergency Medical Services
Dale Waller, Wastewater
Gerald Ballard, Building Review
William Litsinger Jr., Planning Services
Twenty-Year Attendees:
i8)
19)
2O)
Francisco Llorca, Road and Bridge
Dennis Mazzone, Code Enforcement
Mary Ann Mehlmouer, Library
PRESENTATIONS
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A. Recommendation to recognize Beverly Fields, Lieutenant, Emergency
Medical Services, as Employee of the Month for October 2001.
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
B. Public Petition to discuss the 2002 July 4th Festival and Fireworks Display.
BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been deleted.
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THIS ITEM WAS CONTINUED FROM THE OCTOBER 9~ 2001 BCC
MEETING AND IS FURTHER CONTINUED TO THE NOVEMBER
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October 23, 2001
13~ 2001 BCC MEETING. This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission members.
Petition PUDA-2001-AR-500, R. Bruce Anderson, Esquire, of Young,
VanAssenderp, Vamadoe and Anderson, P.A., representing the Skinner and
Broadbent Development Company Inc., Contract Purchaser, requesting to
repeal the current Falling Waters Beach Resort PUD and to adopt a new
PUD for the purpose of adding self-storage (SIC #4225) to the list of
permitted uses and removing some of the permitted uses including
restaurants, fast food restaurants, food markets and automobile service
stations from the community commercial tracts of the PUD, the subject
property is located in the East side of Collier Boulevard (CR-951),
approximately 400 feet North of Tamiami Trail and Collier Boulevard
Intersection, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida, the Falling Waters PUD consists of 74.37 acres, the
Community Commercial Tracts consist of 4+ acres.
This item has been deleted.
D. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25~ 2001
BCC MEETING. This item requires that all participants be sworn in
and ex parte disclosure be provided by Commission members. PUD-
2000-21, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing
Robert Vocisano and Angelo Favretto, requesting a rezone from "A" Rural
Agricultural to "PUD" Planned Unit Development to be known as Terafina
PUD for a maximum of 850 residential dwelling units, golf course, and
clubhouse, for property located approximately 1.5 miles east of 1-75, one
mile north of Immokalee Road (C.R. 846), in Section 16, Township 48
South, Range 26 East, Collier County, Florida, consisting of 646.5+ acres.
This item has been deleted.
F. THIS ITEM WAS CONTINUED FROM THE OCTOBER 9~ 2001 BCC
MEETING. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Petition PUD-
92-08(1), Dwight Nadeau of RWA Inc., representing William T. Higgs,
requesting the petitioner seeks to repeal the current White Lake Industrial
Park PUD and to adopt a new PUD known as White Lake Corporate Park
PUD, for the purpose of reducing the conservation area from 11.3 acres to
9.3 acres, the lake area from 44.1 acres to 36.6 acres, the open space area by
10.8 acres, in order to increase the industrial land use area from 67.4 acres to
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October 23, 2001
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77.3 acres, and to create a 7.8 acres commercial tract, the subject property is
located in the northeast quadrant of Collier Boulevard and Interstate 1-75,
immediately north of Landfill Road, in Section 35, Township 49 South,
Range 26 East, Collier County, Florida, this site consists of 144.4 acres.
This item has been deleted.
9. BOARD OF COUNTY COMMISSIONERS
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Appointment of member to the Emergency Medical Services Advisory Council.
Appointment of member to the Forest Lakes Roadway & Drainage Advisory
Committee.
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Appointment of members to the Historical/Archaeological Preservation Board.
Appointment of members to the Workforce Housing Advisory Committee.
Appointment of members to the Health and Human Services Advisory
Committee.
10.
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Appointment of one commissioner and one alternate commissioner to serve
on the Canvassing Board for the year 2002.
COUNTY MANAGER'S REPORT
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Presentation of Capital Project Tracking Model for County Projects.
Wides, Interim Public Utilities Administrator)
This item has been deleted.
(Tom
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Recommendation that the Board of County Commissioners authorize a one
week fund raising program during the week beginning with Veteran's Day
(November 12, 2001) throughout all major County Government Facilities to
generate donations for the American Red Cross in support of September 11th
Relief. (Thomas W. Olliff, County Manager)
Resolution relating to the County Incentive Grant Program (CIGP), Chapter
339.2817 of the Florida Statutes. (Norman Feder, Transportation Administrator)
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October 23, 2001
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Request the Board accept a donation of American Flag Banners for the
US41 East Street Light Poles and authorize the installation. (Norman Feder,
Transportation Administrator)
This item has been deleted.
11.
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Authorize and approve purchase of last remaining out-parcel owned by Ricky
Stauffer in Barefoot Beach Preserve. (Leo Ochs, Assistant County Manager
AIRPORT AUTHORITY
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. FUTURE AGENDAS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16.
CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Execute Satisfaction of Code Enforcement Lien established in Collier
County v. Blas Valsez and Roberto Soto.
Award of Bid 01-3276 for Records Management Services.
Approval of an Addendum to Lease Agreement between CPOC
Realty, LLC and Collier County for office space utilized by Housing
and Urban Improvement.
THIS ITEM WAS CONTINUED FROM THE OCTOBER 9~
2)
3)
4)
2001 BCC MEETING. Request to approve for recording the Final
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October 23, 2001
Plat of"Berkshire Commons Parcel 1, 2, 3".
5)
Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of 'Pelican Strand Replat - 7".
6)
Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of"Pelican Strand Replat - lB".
7)
Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of "Pelican Strand Replat - 4".
8)
Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of"Pelican Strand Replat - 5".
9)
Request to grant Final Acceptance of the Roadway, Drainage, Water and
Sewer Improvements for the Final Plat of'Worth Collier Industrial Center".
10)
Agreement with Quail II Development to pay for improvements to the
Cocohatchee Weir.
11)
Request to approve for recording the Final Plat of "Majorca Unit Two
at Fiddler's Creek".
12)
Recommendation that the Board of County Commissioners approve
Work Order WMI-FT-01-08 within Contract 99-2981 with Wilson
Miller for fixed term land surveying and photogrametric services.
13)
CARNY-2001-AR-1604, Reverend Joseph Spinelli, O.S.A., Pastor of
the St. Elizabeth Seton Parish, requesting a permit to conduct a
carnival/festival on November 7, 8, 9, 10 and 11,2001, on their
property located at 5325 28th Avenue SW to raise funds for the
operation of the Church and Elementary School in Golden Gate.
14)
Third Amendment to the 2001 Tourism Agreement between Collier
County and the Tourism Alliance of Collier County to include
expenditures up to $500,000 for the Disaster Recovery Marketing
Plan for Collier County from the Disaster Recovery Fund.
B. TRANSPORTATION SERVICES
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October 23, 2001
1)
Requesting direction to revise the enabling ordinance that sets forth
the requirements for the Immokalee Beautification Municipal Services
Taxing Unit (MSTU) Advisory Committee.
2)
Implement an automated central irrigation control system for
managing roadway beautification improvements.
3)
Resolution requesting the State of State of Florida to retain US41 in
Eastern Collier County as a State Road under the Florida Department
of Transportation.
4)
Approve an Agreement for Sale and Purchase to acquire property for
the benefit of the Wiggins Bay Drainage Basin.
5)
Award of RFP01-3280 "Installation and Maintenance of Street
Lights".
6)
Approve the Acquisition of Perpetual, Non-Exclusive, Road Right-of-
Way, Utility, Drainage, Maintenance and Temporary Construction
Interests by easement for the future construction of four-laning
roadway improvements for County Barn Road between Davis
Boulevard (SR 84) and Rattlesnake Hammock Road (CR 864) CIE No. 33.
7)
Approve Work Order No. WD-055 with Douglas N. Higgins Inc., for
replacement of a culvert on Goodland Road, Project No. 60047.
8) City-County Emergency Wastewater Interconnect.
C. PUBLIC UTILITIES
1)
Approve a Change Order to Contract 00-3033, Hideaway Beach T-Groin
Construction and the Associated Tourist Development Council Grant
Application, Project 10257.
2) Approve funds for expenses related to Water Festival 2002.
3)
Approve Addendum No. 2 to Effluent Agreement by and between the
Board of County Commissioners of Collier County, Florida, as the
Ex-Officio Governing Board of the Collier County Water-Sewer
District, and Windstar Club, Inc., a Florida Corporation.
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October 23, 2001
4)
5)
6)
8)
9)
13)
Adopt a Resolution approving the Satisfaction of Lien for Solid Waste
Residential Account wherein the County has received payment and
said lien is satisfied in full for the 1996 Solid Waste Collection and
Disposal Services Special Assessment.
Approval and Execution of Satisfactions of Notice of Claim of Lien
for sanitary sewer system impact fee.
Approval and Execution of Satisfactions of Notice of Promise to pay and
agreement to extend payment of water and/or sewer system impact fees.
Approve a Budget Amendment renewing funds for acquisition of land from
Willing Sellers for properties adjacent to the existing Naples Landfill.
Award Contract for "Chlorinator Equipment Maintenance" to Water
Treatment and Controls Company.
Adopt a Resolution approving the Satisfaction of Lien for Solid Waste
Residential Account wherein the County has received payment and
said lien is satisfied in full for the 1992 Solid Waste Collection and
Disposal Services Special Assessment.
Adopt a Resolution approving the Satisfaction of Lien for Solid Waste
Residential Account wherein the County has received payment and
said lien is satisfied in full for the 1993 Solid Waste Collection and
Disposal Services Special Assessment.
Adopt a Resolution approving the Satisfaction of Lien for Solid Waste
Residential Account wherein the County has received payment and
said lien is satisfied in full for the 1994 Solid Waste Collection and
Disposal Services Special Assessment.
Adopt a Resolution approving the Satisfaction of Lien for Solid Waste
Residential Account wherein the County has received payment and
said lien is satisfied in full for the 1995 Solid Waste Collection and
Disposal Services Special Assessment.
Approve the Satisfaction of Lien documents filed against Real
Property for abatement of nuisance and direct the Clerk of Courts to
October 23, 2001
record same in the Public Records of Collier County, Florida.
14)
Approve a Professional Engineering Design Work Order with Metcalf
and Eddy, Inc., for a new reverse osmosis raw water supply wells for
the North County Regional Water Treatment Plant, Project 70075.
Approve Committee Selection of Firms for Contract #01-3272
"Production of Beach Compatible Sand".
16)
Approve a Professional Engineering Work Order with Metcalf and
Eddy, Inc., for wellfield remediation for the reverse osmosis raw water
supply wells for the North County Regional Water Treatment Plant.
D. PUBLIC SERVICES
1)
Request Board of County Commissioner approval of Work Order
BSSW-00-15 to enable the Library to hire an architectural firm to
complete plans for the Immokalee Branch Library Expansion.
2)
Approve Grant Application for improvements and expansion of dock,
picnic shelter and restroom at Bayview Park.
3)
Approval of interlocal agreement with District School Board of
Collier County for School Nursing Services.
E. ADMINISTRATIVE SERVICES
1)
Approve an additional thirty (30) day extension of Contract #98-2828,
Records Management Services.
2)
To approve a Lease Agreement between Solar, L.C., and Collier
County for warehouse space.
3)
Approval of a First Amendment to Standard Agreement for Central Office
Space Lease and License between Collier County and Sprint-Florida,
Incorporated, concerning a county-occupied communications tower.
4)
Approve enhanced security measures at the Main Government
Complex and Development Services Building.
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October 23, 2001
F. EMERGENCY SERVICES
1)
Approve Budget Amendments to appropriate revenue for a Florida
Department of Agriculture, Division of Forestry Matching (50%)
Grant Award and to transfer and appropriate matching funds from the
Isles of Capri Fire Control District Reserve for contingencies.
Approve a Memorandum of Understanding between the Ochopee Fire Control
District and the National Park Service, Big Cypress National Preserve.
3)
Approve Budget Amendments to appropriate revenue for a Florida
Department of Agriculture, Division of Forestry Matching (50%)
Grant Award and to transfer and appropriate matching funds from the
Ochopee Fire Control District Reserve for Contingencies.
G. COUNTY MANAGER
1)
Approval of a $300,000 Advance to the Tax Collector for Land
Acquisition required due to the assumption of Drivers License
Operations from the State of Florida.
H. AIRPORT AUTHORITY
1) Budget Amendment for Marco Island Executive Airport Rotating Beacon.
I. BOARD OF COUNTY COMMISSIONERS
1)
Commissioner request for approval for payment to attend Lake
Trafford's New Beginning Celebration Dinner. (Commissioner Coletta)
J. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
K. OTHER CONSTITUTIONAL OFFICERS
1) Authorize an Agreement with the City of Naples for Election Services.
L. COUNTY ATTORNEY
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October 23, 2001
17.
1)
Recommendation that the Board of County Commissioners authorize
the payment of surplus proceeds from the sale of a mobile home
located at Lot #94, in Southwind Village, 94 Cleveland Court, Naples,
Florida, pursuant to §715.109, Florida Statutes.
2)
Approve the Settlement Agreement relating to Parcels No. 175A,
575A, and 575B, in the Lawsuit Styled Collier County v. Hiwasse,
Inc., Case No. 01-1088-CA.
3)
Approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel 106 in the Lawsuit entitled Collier County v.
Joan F. Tobin, et al., (Traffic Signal Easement, Project No. 60171).
4)
Approve the agreed order awarding expert fees relative to the
easement acquisition of Parcel 168 in the Lawsuit entitled Collier
County v. James R. Nash, et al, Case No. 01-0757-CA (Livingston
Road, Project No. 60071).
5)
Approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel No. 271 in the Lawsuit entitled Collier County v.
Jeffrey Gargiulo, et al, (Golden Gate Boulevard, Project No. 63041).
6)
Authorize the making of an Offer of Judgment to Respondent, Joseph
DeLucia, Trustee, for Parcel 199 in the amount of $2,000.00 in the
Lawsuit styled Collier County v. Joseph DeLucia, Trustee, et al, Case
No. 00-0938-CA, Project No. 63041.
7)
Authorize the making of an Offer of Judgment to Respondents,
Margery Baker and Fred Abdner Lavoie, for Parcel 281 in the
Amount of $2,000.00 in the Lawsuit styled Collier County v. William
H. Blanton, et al, Case No. 00-1969-CA, Golden Gate Boulevard,
Project 63041.
8)
Authorize the making of an Offer of Judgment to Respondents,
Samuel Trujillo and Sandra I. Gines, for Parcel 231 in the amount of
$800.00 in the Lawsuit styled Collier County v. Richard A. Gower, et
al, Case No. 00-1396-CA, Project No. 63041.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
October 23, 200~
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM.
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To Adopt a Resolution approving amendments to the Fiscal Year 2000-01
Adopted Budget.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition AVPLAT2001-
AR1365 to disclaim, renounce and vacate the County's and the Public's
interest in a portion of a 10' wide utility easement located on Lots 45 and 46,
Block "B", according to the Plat of"Colliers Reserve" as recorded in Plat
Book 20, Pages 59 through 87, Public Records of Collier County, Florida,
located in Section 22, Township 48 South, Range 25 East.
To Adopt an Ordinance establishing standards for creation and review of
County Boards; providing definitions; providing for creation of new boards;
providing exemption; providing qualifications and requirements for
membership; providing process of appointment; providing terms of office;
providing attendance requirement; providing schedule for review of boards;
and repealing Ordinance No. 86-41 as amended.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CU-2001-AR-
1105 Lodestar Tower Inc., a Spectrasite Company representing Florida
Department of Transportation (FDOT) requesting a conditional use for
communications tower on a parcel of land zoned "CON/ACSC/ST"
conservation for a property located on the south side of 1-75, approximately
50 miles east of Collier Boulevard (CR-951) on Interstate 1-75 in Section 1,
Township 50 South and Range 34 East (Mile Marker 51.2), the site consists
of 3.740 square feet.
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October 23, 2001
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CU-2001-AR-
1103 Lodestar Tower Inc., a Spectrasitc Company representing Florida
Department of Transportation (FDOT) requesting a conditional use for
communications tower on a parcel of land zoned "CON/ACSC/ST"
conservation for a property located on the south side of 1-75, approximately
38 miles east of Collier Boulevard (CR-951) on Interstate 1-75, in Section 1,
Township 50 South and Range 32 East (Mile Marker 63.3), the site consists
of 10.940 square feet.
F. THIS ITEM IS BEING CONTINUED TO THE NOVEMBER 13, 2001
BCC AGENDA. Petition PUDZ-01-AR-620, Anita L. Jenkins of Wilson
Miller Inc., representing Long Bay Partners, LLC, requesting a rezone from
"A" Rural Agricultural and PUD to "PUD" Planned Unit Development to be
known as Mediterra having the effect of adding 213.7 acres to Mediterra PUD,
reducing density and adding a Village Center District with a maximum of
20,000 square feet of floor area for property located on the East and West
side of Livingston Road and approximately one mile West of 1-75, in
Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida.
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An Ordinance amending Collier County Ordinance No. 97-8, the False
Alarm Ordinance, eliminating false alarm report forms; requiring an annual
registration form for each false alarm system; eliminating fine for second
false alarm; authorizing notice to appear in court for sixth or subsequent
false alarms; providing for false alarm prevention educational program
classes and certificates of attendance; providing for inclusion in the Code of
Laws and Ordinances; providing for an effective date with a deferred
enforcement date of November 1,2001.
He
Approve an Ordinance of the Board of County Commissioners of Collier
County, Florida, ratifying and further authorizing the more efficient
administration of the County's Community Development Block Grant
(CDBG) Program funded by the U.S. Department of Housing and Urban
Development (HUD) by providing for participation in the CDBG Program
through Federal Fiscal Years 2001-2005, and by providing for more clearly
defined delegation of signature authority for CDBG Program Documents to
specified County officials; providing for conflict and severability; and
providing for an effective date.
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October 23, 2001
Approve and adopt the Consolidated Utility Standards and Procedures
Ordinance, approve the Collier Utilities Technical Standards Manual as the
official procedures and process manual and simplify the procedures to revise
and maintain technical details and standards.
An Ordinance repealing Collier County Ordinance No. 80-45, the Retreat
Unit One Street Lighting Municipal Service Taxing District (MSTU);
providing for inclusion in Code of Laws and Ordinances; providing conflict
and severability; providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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October 23, 2001
October 23, 2001
CHAIRMAN CARTER: Okay. We're going live, folks. It's
magic time.
COMMISSIONER MAC'KIE: Magic time.
CHAIRMAN CARTER: Good morning, ladies and gentlemen.
Welcome to our board meeting. This is October 23rd, approximately
9:09. We're ready to start our meeting.
If you would join with me in the invocation and the Pledge of
Allegiance, and as we start this morning, may we have a moment of
silent prayer for our military who are engaged in our fight for
freedom.
(Moment of silence.)
PASTOR BENSON: Lord and Heavenly Father, we come
before you today, grateful and thankful for the nation that we live in.
Lord, we pray that during this time of crisis in our nation that you
would be with our leaders, that you would guide them, that you
would give them wisdom. We pray that you be with our president in
the immediate many decisions that he needs to make along with our
congress.
Lord, we pray that you be with the men and women of our
armed forces, both here at home and those who are fighting for our
freedom overseas. Guide them. Protect them.
Lord, we pray that you be with us as a nation, that we would
turn our eyes toward you. We pray, Lord, especially today for this
meeting of our county officials. We pray, Lord, that you would guide
and direct them, give them wisdom. Give us, as people, the power to
pray for them and to hold them up to you.
Lord, we pray all these things so that your kingdom would come
and your will would be done here on earth as it is in heaven. We ask
these things in Jesus's name. Amen.
(The Pledge of Allegiance was recited in unison.)
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October 23,2001
CHAIRMAN CARTER: Good morning, Commissioners. Look
like you're all bright-eyed and bushy-tailed and ready to do this great
thing.
Good morning, Mr. Olliff, Mr. Mudd, Mr. Weigel, Miss Filson,
our recorder. It's nice to have you with us, particularly our recorder
so that everything will be duly documented. And for our folks in TV-
land joining us early this morning over your cup of coffee or
breakfast, we promise we won't spoil your day. We will make it
enter -- I won't say it's always entertaining, but there are entertaining
moments, so stay tuned. I think you'll enjoy participating with us.
Mr. Olliff.
Item #2A
CONSENT, SUMMARY AND REGULAR AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. OLLIFF: Mr. Chairman, good morning. This morning I've
asked Mr. Mudd if he'll walk you through the changes to your
agenda.
MR. MUDD: Today's agenda changes, we have an add-on on
Item 5 to be heard at first presentation. It's a presentation by the
honorable Guy Carlton, the Collier County tax collector. It's -- he's
going to present us with a check for FY-'01 mm-back funds. And
when he said the amount, I said, "Sure."
CHAIRMAN CARTER: Absolutely. As long as he doesn't take
it back.
MR. MUDD: We'll make sure he leaves the check. We have
Item 5-A, which is a continuance to November 27th meeting. It's the
recommendation to recognize Beverly Fields, lieutenant emergency
medical services, as -- as employee of the month of October 2001, the
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October 23,2001
recipient's request. She couldn't be here this morning.
We have an add-on, Item 5-B, to accept a $15,645 donation for
Herbert -- from Herbert J. and Margaret S. Sugden to the Collier
County Parks and Rec Department.
We have another add at 5-C. We have another donation of a
hundred thousand dollars by Herbert and -- and Margaret Sugden for
Collier County Public Library.
COMMISSIONER MAC'KIE: Wow.
MR. MUDD: We have Item 8-D. We're going to continue that
to November 13th, and that's PUD 2021. It's basically the -- a rezone
request for-- out on Immokalee Road for 850 residential dwelling
units. They're -- it's a petitioner's request on that particular item.
Item 10-G to be heard at 10 a.m. It's time certain. That's to
authorize an approved purchase of the last remaining outparcel
owned by Ricky Stauffer on Barefoot Beach Preserve. Again, it's a
ten o'clock time certain.
We have an add-on Item 10-I which is authorization for the --
for the Board of County Commissioner chairman to sign and send
letters to the Collier County legislative delegation requesting their
opposition to proposals to increase the county portion of the
Medicaid nursing home and hospital costs.
We have a continuance -- excuse me. We have a continuance on
Item 16-A-4 to November 13th. That's the request to approve
recording of the final plat of the Berkshire Common, Parcels 1, 2, and
3. We have some transportation issues that we need and access
issues that we need to resolve on that particular item.
We have a move for Item 16-A-14 to Item 10-H.
COMMISSIONER MAC'KIE: 10 what?
CHAIRMAN CARTER: H.
MR. MUDD: 10-H. The -- we're a little bit out -- we're out of
number on that. We -- got 10-I and 10-I-H a little ahead of time on
Page 4
October 23,2001
that. We'll work the alphabet next time. Sorry about that. 16-A-14
going to Item 10-H. It's the third amendment to the 2001 tourist
agreement between Collier County and the tourist alliance that
needed to -- we made a mistake. We put it on the consent. It needed
to be on county manager's items.
We have a move for Item 10-D-8 to 16-C-17, which is the
city/county emergency wastewater interconnect. Norm's been doing
a lot, but it didn't belong in transportation. It belonged in utilities.
We're going to add Item 16-B-9 which is a request to approve a
temporary no -- this is an add that wasn't in your packet. We're going
to request approval of temporary no-through truck signs in Naples --
in the Naples Park neighborhood. They're getting a lot of truck
traffic through because of-- because of the U. S. 41 construction.
We'll put those signs up temporarily, and when the U. S. 41 is done,
we'll complete a study to see if they need to be permanently placed
there, and we'll get back to the commission on that particular item.
But for now it's temporarily no-through truck signs. We're going to
add 16-B- 10 request to waive the right-of-way permit fee for the
Tropicana Boulevard beautification project as requested by the
Golden Gate Beautification Municipal Service Taxing Unit Advisory
Committee.
And then we have Item 16-F-4 which is to -- this is a
continuance from September 1 lth. It's to approve a resolution
amending the Collier County ambulance service user's fee.
And then last, but not least, there's a continuance of 17-H to
November 13th, and that's an ordinance ratifying and further
authorizing the more efficient administration of the county's
community development block grant fund, a program funded by the
U.S. Department of-- of Housing and Urban Development. That's it.
CHAIRMAN CARTER: Okay. Thank you, Mr. Mudd. I -- I
appreciate your effort for Naples Park and how well that you and Mr.
Page 5
October 23,2001
Kant and others have all worked together to -- Norman -- to bring
that together. I'm sure the residents of Naples Park tuned in this
morning will be happy to hear we've been able to -- to do that. So
thank you.
Mr. Olliff.
MR. OLLIFF: Mr. Chairman, two notes on those changes. The
first is that the request to hear Mr. Carlton's presentation be the first
regular item that we get to once you approve the minutes and the
regular and consent agenda this morning, that we could get him back
to his office and make sure our tax collector gets back to work.
CHAIRMAN CARTER: Absolutely.
MR. OLLIFF: Accept that check from him. And the second
note is just on the addition on 16-B, as in boy, 10, which was the
request from the Golden Gate beautification MSTU, I want to be very
clear on that one. The MSTU has requested a waiver of the right-of-
way permit fees. The executive summary that we're adding has a
staff recommendation that that fee not be waived. If the board wants
to discuss that, I want to be clear with the board that this is being
added to your consent agenda. If the board wants to discuss that, it
needs to placed your regular agenda.
COMMISSIONER FIALA: So on the consent agenda we're
voting no to the right-of-way fees. MR. OLLIFF: Yes, ma'am.
COMMISSIONER FIALA: And no to the $50 a day --
MR. OLLIFF: Inspection fees, yes, ma'am.
COMMISSIONER HENNING:
the way it reads.
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
I think it's the other way around
Well, let's get it straight.
No to the waiver.
CHAIRMAN CARTER: No to the waiver.
MR. OLLIFF: Yes. The staff recommendation is no to the
Page 6
October 23, 2001
waiver, yes to the inspection fees. I just want to be --
CHAIRMAN CARTER: All right. Commissioner Coletta. Oh,
wait, before I go there, I got to go to our county attorney. Excuse me,
David. Since we switched, everybody is over to the left. It's not easy
for me. David.
MR. WEIGEL: It's a new world. Just two items on your
summary agenda to add to the record here, under 17-C, which is the
new revised general advisory board's ordinance, amending and
actually repealing 86-41 as amended, the second sentence of
paragraph A of Section 3, we want to remove two words, "if any."
And that revision doesn't subs -- substantively change the provision
but more accurately reflects that staffs support in regard to the issues
of creation of new boards is essential but not an -- not elective. "If
any" would -- would be the words removed from Section 3.
The second item on the summary agenda is 17-I, as in Italy. The
utility standards ordinance is before you, and we wanted to add one
small note in Section 15 of page 29. A sentence is being added to
coincide with the title of the ordinance, and it reads as -- as follows:
The following Collier County resolutions are also repealed:
Resolution Nos. CWS 97-2, comma, MWS No. 97-2, comma, and
GWD No. 97-2. We wanted to make sure that the resolutions with
the old ordinance went away with the old ordinance.
CHAIRMAN CARTER: Okay. For the housekeeping.
Commissioners, that's essentially what it is, as I understand it,
listening to our county attorney, housekeeping, cleaning it up, make
sure that we're all there so we stay out of trouble, which I'm not going
there. Okay.
Anything else, Mr. Weigel?
MR. WEIGEL: That's it. Thank you.
CHAIRMAN CARTER: Okay. Now, Commissioner Coletta?
COMMISSIONER COLETTA: I have nothing.
Page 7
October 23,2001
yOU.
CHAIRMAN CARTER: Thank you, sir. Commissioner Fiala.
COMMISSIONER FIALA: Oh, I have a couple things. Thank
First of all, on the consent agenda, we were asked to accept a
donation from Mike McGee to the county government donating flags
and banners for the light posts. Mike, would you -- would you show
us what those banners look like so we can all see them before we
vote? I'd -- I'd like everybody to see what's going to be hanging --
CHAIRMAN CARTER: Well, just come right up here in front
of the cameras, Mike.
COMMISSIONER MAC'KIE: This is so fabulous. Does
everybody know where these will go? On -- you know, on the green
light poles on the East Trail that have the areas available for flags,
and we've never had any there. And this is just as good an idea as I
can imagine. I think it's fabulous.
CHAIRMAN CARTER: Thank you, sir.
COMMISSIONER FIALA: Thank you very much, Mike. The
East Naples people are going to love you.
CHAIRMAN CARTER: Well, thank you for bringing that up,
Commissioner Fiala.
COMMISSIONER FIALA: The second thing I would like to
talk about, on the consent agenda here we had talked about giving the
money for the school nursing program to the school board. I would
like to direct Tom to schedule a workshop with the school board to
discuss their board, assuming the full responsibility of paying for the
school nursing program next year and for the continuing years.
We've helped them out this year, but I do believe that's their
responsibility.
I would also, at the same time that we have this workshop, I'd
like to discuss a cooperative effort between the parks and rec
department and our school system to share school playgrounds and
Page 8
October 23,2001
ball fields and park programs. I feel that that -- that cooperative
effort would go far in helping both of our entities.
And, next, and last, I'd like to direct Tom to schedule a
workshop with the BCC and our administrative aides, once the
governor has appointed a replacement for Pam Mac'Kie, to instruct us
as to how best we can answer the questions and concerns of our
constituents without ever overstepping our bounds.
None of us wants to order staff around or give direction as we
respond to queries. Do we pass everything to Tom? Do we forward
e-mails to Tom? What are our limits? How much do we heap on
Tom? How much can we handle ourselves? We want to assume the
responsibilities of our office and respond to our constituents but make
it within the limits of the law, and we need to be informed. Thank
you.
CHAIRMAN CARTER: Thank you, Commissioner Fiala. I
think we've got three items here. One would -- would -- would go
with the consent item in terms of clarification. Am I correct, Mr.
Olliff?
COMMISSIONER FIALA: Yes.
MR. OLLIFF: Yes, sir. I think the -- the first suggestion is
probably you could roll two of those into one. I think there are two
issues that Commissioner Fiala had indicated. There may be an
interest upon the part of the board to schedule a workshop with the
Collier County Public School Board. And that's at the discretion of
the board, if you want for us to try and schedule that, we'd be more
than happy to try.
CHAIRMAN CARTER: I get three nods up here? I've got
nods, so I don't think we have any problem with that. That's -- those
are clarification items.
The other one, that point is very well taken. I think we could
have a further discussion under that by commissioner comments
Page 9
October 23, 2001
today on the dias --
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN CARTER: -- where we could pursue that in terms
of clarification. I wholeheartedly support with the statements that --
that you made. I think we all have some questions, some concerns
about that, because, ladies and gentlemen, our job is to provide you
service beyond standard. We want to provide you quality service,
and we have never in our lives up here tried to do anything with
interfering with staff doing that. We have given information or
requested information or asked for guidance in order to accomplish
that. You are our customers, and we are here to serve you. And in
no way do we want to ever interfere with that. But at the same time
we don't want to end up with a cumbersome network and system that
prohibits us from delivering end results to you. And I don't think you
would appreciate very much if you had a sewer flooding that we took
it down through a whole chain of command so that a week later you
got a call and said, oh, by the way, they'll let sewage in your house, I
think we can come and deal with it now. I think that none of us want
to be there, so we're going to work on that with you under comments,
and thank you for bringing that up, Commissioner Fiala.
Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: I have nothing.
CHAIRMAN CARTER: Nothing in your swan song. Well,
we'll let you talk later. Okay. Commissioner Henning.
COMMISSIONER HENNING: Just a clarification and pull
something from the consent, Item 10-A-I. Is that -- no. Item 10-1,
that's a add-on?
COMMISSIONER MAC'KIE: 10-I, I guess --
MR. MUDD: It's I.
COMMISSIONER HENNING:
We got that? Clarification.
Page 10
October 23, 2001
And I'd like to pull from the consent 16-I-1, commissioners'
request for approval for payment to attend functions. That's it, sir.
CHAIRMAN CARTER: Okay. 16-1-1 will be -- you tell us
where to put it, and we'll talk about it.
MR. OLLIFF: We'd make that 9-G under the Board of County
Commissioners.
COMMISSIONER MAC'KIE: What was the number again?
COMMISSIONER HENNING: That is 16-1-1.
CHAIRMAN CARTER: Will become 9-F or E-I, I, won't it?
COMMISSIONER FIALA: G?
COMMISSIONER MAC'KIE: 9-G.
MR. OLLIFF: 9-G under the Board of County Commissioners.
CHAIRMAN CARTER: G, okay. Well, now, that was 16-1-1;
right?
COMMISSIONER MAC'KIE: Uh-huh.
COMMISSIONER FIALA: And what was the other one, Tom?
COMMISSIONER HENNING: It's commissioners' request to
approve payment to attend functions.
COMMISSIONER FIALA: No. I meant the other one, or is
that it?
COMMISSIONER HENNING: It was just a clarification and
make sure that it was caught in the change order, and it was. It was --
Commissioner Carter is going to explain it when we get to that item.
COMMISSIONER MAC'KIE: The delegation letter.
CHAIRMAN CARTER: The delegation letter, right.
MR. OLLIFF: Mr. Chairman, the only other matter, I just
wanted to clarify and make sure the -- the item that was on the
consent agenda in regards to the school nursing program is still on the
agenda for approval. It is not subject to the workshop, but we will
sub -- we will try and schedule that workshop between now and when
we adopt budgets to talk about that and I would assume other issues
Page 11
October 23,2001
as well between the county and the school board.
CHAIRMAN CARTER: Is that acceptable to you,
Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN CARTER: Thank you, ma'am. All right, I need a
motion, then.
COMMISSIONER COLETTA: Moved.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Coletta. I have a second by Commissioner Mac'Kie.
All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Now, we will have the --
COMMISSIONER MAC'KIE: Let's take money from Guy.
CHAIRMAN CARTER: -- Mr. Carlton is going to come and
give us money.
MS. FILSON: Mr. Chairman, I have two speakers for the
consent agenda.
CHAIRMAN CARTER: Well, let me back up, Your Honor. I
need to have the two people come and speak on the consent agenda.
MS. FILSON: I have -- I have Pedro Ramos, and if Mark
Simmons can come up and stand.
COMMISSIONER MAC'KIE: So what do we do, Mr.
Attorney? Motion to reconsider the consent agenda?
MR. WEIGEL: No, I don't think so. At this point I believe
they're just speakers. If there was --
COMMISSIONER MAC'KIE: If they persuade us to pull
something, then we'll pull that particular item.
MR. WEIGEL: Consider it at that time.
Page 12
October 23,2001
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CARTER: All right. First speaker, please. Five-
minute rule is in effect, sir.
MR. RAMOS: Good day, County Commissioners and ladies
and gentlemen. I am here today representing Big Cypress National
Preserve and to share with you a statement from Superintendent John
Donahue. My name is Pedro Ramos.
COMMISSIONER MAC'KIE: Could I ask you, please, just to
tell us first what item you're speaking on this?
MR. RAMOS: This is with regards to Item 16-B-3 --
COMMISSIONER MAC'KIE: Okay.
MR. RAMOS: -- the Highway 41 item.
Mr. Donahue is not available for -- for him to be here with us
today. He is in Washington, D. C., all week.
The National Park Service supports the efforts of the Collier
County commissioners in every way and knows that you will always
do what is in the best interest of the Collier County citizens and
taxpayers. We are concerned, however, that this issue revolving
around the alleged transfer of Highway 41 to the United States from
the State of Florida has been misrepresented, both in the press and in
organized efforts by groups who may have their own unrelated
agendas. The fact of the matter is that there is no federal proposal to
accept some responsibility for or to take Highway 41, nor has there
been such an effort of which I am aware.
The National Park Service staff of Big Cypress National
Preserve did meet with a group of employees from the Florida
Department of Transportation on or about May 12th of 2000, as has
been reported repeatedly by a local newspaper. The subject of that
meeting was the general agreement that we have allowing us, Big
Cypress National Preserve, to mow the grass and repair the guard
rails along the highway in exchange for maintenance of National Park
Page 13
October 23,200 !
Service bathrooms on Highway 75 by the federal -- by the Florida
Department of Transportation.
During the final moments of the meeting, there was an exchange
that lasted about 2 minutes regarding enforcement of the speed limit.
And the ownership of the road came up in that context. No one ever
suggested that the speed limit be lowered, only that it be enforced.
We never heard from the Florida Department of Transportation again
regarding that conversation, and they did not share any of their
internal memoranda with the superintendent or any of the staff of Big
Cypress National Preserve.
They apparently determined not to proceed with any proposal
and disposed of the issue accordingly. At least that is how it would
appear from those highly publicized memoranda which we received
copies of from a third party on August 18th of this year. I have
shared with the editor of the news organization that has repeatedly
printed this story that they have created the impression that Big
Cypress National Preserve and its superintendent are engaged in
long-term negotiations with the State Department of Transportation.
To transfer that highway to federal control, that impression is
completely false. A reasonable person could infer from the totality of
these three stories that there is some effort or proposal by the United
States to acquire the Tamiami Trail. That inference is completely
false.
The fine public servants of the Florida Department of
Transportation should be commended for their constant vigilance on
behalf of the taxpayers to function as efficiently as they can. They
should also be commended for their sensitivity to public opinion.
My concern over this issue is the repeated statements and
insinuation that fine public servants of state and federal agencies are
involved in a covert conspiracy. This impression created by the
stories in the media and the apparent concerted efforts by some
Page 14
October 23, 2001
groups to spread this misinformation is unfair and insulting to the
fine public servants of both the Florida Department of Transportation
and the National Park Service.
While we have no concern over the substance of your resolution,
we are greatly concerned by any misinformation or misrepresentation
of the facts that could lead to fomenting an antigovernment
sentiment. This is a time when people need to trust their government
at a local, county, state, and federal level, more than ever before.
Please take this information provided to the -- into account when
you decide this and other important issues involving munitial (sic)
concerns. Please do not allow this much ado about nothing in this
situation to muddy the waters in areas where the United States and
Collier County do have mutual interests. We did offer to accept the
county roads within the boundaries of Big Cypress National Preserve
in simple fee or with any restrictions that the county would like to
add to that deed. (Beeper sounded.) May I finish my statement?
CHAIRMAN CARTER: If you would just wrap it up, sir, we'd
appreciate it. Thank you.
MR. RAMOS: We also offer to establish a co-op agreement to
maintain these roads in exchange of services elsewhere. Further
discussions with some of the county commissioners have spurred us
to state that there are probably other creative ways that we can
cooperate to enhance not only the road safety but also interpretive
opportunities for public in a joint effort.
We look forward to many opportunities in the future to work
closely with the county commission and all of the employees of
Collier County. Thank you for your time, Commissioners, and for all
your outstanding efforts on behalf of the Collier County citizens and
all the visitors of our beautiful county. Thank you.
CHAIRMAN CARTER: Thank you, sir. I appreciate your
comments.
Page 15
October 23,2001
Next speaker, please.
MS. FILSON: The next speaker is Mark Simmons. He's going
to speak on Item 17-G, the false alarm ordinance.
MR. SIMMONS: Hello and good morning. My name's Mark
Simmons. I'm a local burglar and fire alarm contractor. I've been in
the alarm business over 20 years now and had my own company
since 1986 and a member of the Alarm Association of Florida since
that time too.
I've been working locally with Corporal McElroy with the
sheriffs department and through -- through him with the sheriffs
department, we've been able to come up with some appropriate
changes to the ordinance and I wanted you to know that as a -- as a
contractor in the business that, you know, you-all have my support
for this ordinance and what it -- what it's going to do regarding a false
alarm issues for our business.
The -- one of the things outside of that that I -- I think I wanted
to address was that the issue that we have with a little communication
problem between some of the departments of the county, which is in
regards to maybe the installation of the systems, this -- this ordinance
addresses issues after the fact of how it, so to speak, disciplines the
users, the residents and users of these systems. I -- I think something
should be -- should be considered in regards to having them educated
prior to them using the system and so forth and some stipulation may
be on the registration form in hand that -- that they're going to be
given to fill out. There's some statement there that they have to
understand how to use their system because the majority of the
problems, the highest percentage of our false alarms comes from user
error, from the people that actually use them causing problems.
So I -- I was hoping that in -- in the future that could be
addressed. The other is a few years ago the state initiated a licensing
program for our industry, and we're now to -- to install alarm
Page 16
October 23, 2001
systems. People need to be properly licensed to do so, and -- and a
program of-- of registering our employees and background checks
and so forth is in -- is in place now also.
But the problem with that is enforcement. The state really
doesn't help us with enforcement, help the industry with enforcement
at all. They -- in fact, it's a drawn out process to register a complaint
against anybody who's contracting without a license. So I'm
wondering if on a local level the county could look at its policies
regarding installing systems accordingly by a licensed contractor, and
I know that that's the case in -- in fire alarm systems. Fire alarms are
pretty well regulated by the fire department, but burglar alarm
systems kind of get lost. It's a gray area between electricians and us,
and there's really nobody in the county departments of-- of code
enforcement that specifically addresses burglar alarm installations on
things like that. The Alarm Association of Florida that I represent,
we're initiating a training program, as well as, you know, employee
knowledge and registration of our -- things like that. But when it
comes down to it, we really don't have anything locally that helps us
or -- or enforces systems to be installed properly and -- and maybe
even at that time, then this issue of people knowing how to use them
could be addressed.
So, again, I'm-- I'm-- we're -- we as an industry, I believe, are
in favor of the ordinance, although we're not in favor of who's going
to have to pay the fines and stuff like that. But I -- I think
preventative -- a little preventative action could be -- could be --
come up with in regards to rather than after they have some alarms,
send them to school then and things like that. So those are my
thoughts on that, and I appreciate your time.
CHAIRMAN CARTER: Well, thank you very much, sir. I
think you raised some good points. I'm sure there may be pros and
cons to this, but if the board might concur, we could have staff
Page 17
October 23,2001
through Tom look at your suggestions and see if there needs to be
future consideration by the Board of County Commissioners. Would
that be appropriate, Commissioners? Okay. Thank you very much,
sir.
It would seem, based on the discussion, Mr. Weigel, that these
were informational and would not require us to remove either one for
reconsideration. So your--
MR. WEIGEL: That's correct.
CHAIRMAN CARTER: -- with your nod, I would say that --
COMMISSIONER HENNING: There is one more, I think.
Miss Newman from the Golden Gate Advisory Board would just like
to clarify Item 16-B- 10.
CHAIRMAN CARTER: Is she signed up?
MS. FILSON: I don't have a speaker slip, no.
CHAIRMAN CARTER: We do not have a sign-up slip.
COMMISSIONER HENNING: I think she has it in her hand.
Do you want to bring it up here?
MR. OLLIFF: She did. She delivered it. She asked a question
over here. We -- I think we clarified it for her, and she indicated that
she didn't want to speak.
COMMISSIONER HENNING:
CHAIRMAN CARTER: Okay.
Newman?
MS. FILSON:
MR. OLLIFF:
Okay.
You're all right with that, Miss
Could she just clarify?
Yes. I'll clarify again for the record. The staff
recommendation on that particular item and what the board was
approving as part of the consent agenda was no to the waiver of the --
the application fee, the permit fee, but yes to the waiver of the daily
inspection fees.
COMMISSIONER HENNING: Right.
CHAIRMAN CARTER: Okay. Thank you, Miss Newman.
Page 18
October 23, 2001
Thank you, Mr. Olliff. Thank you, Commissioner Henning.
Now, I think we stand approved on the consent agenda.
COMMISSIONER MAC'KIE: Let's take some money from
CHAIRMAN CARTER: Yes. That's who I'd like to get to. Mr.
Carlton, thank you, sir, for your patience.
COMMISSIONER MAC'KIE: Who said he was patient?
CHAIRMAN CARTER: He's looking good. He's -- oh, look it.
He's got a tie on.
Page 19
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 23, 2001
ADD: ITEM 5 TO BE HEARD AS FIRST PRESENTATION - Presentation by
the Honorable Guy Carlton, Collier County Tax Collector, of FY '01 turn
back funds. (Staff request.)
CONTINUE: ITEM 5(A) TO NOVEMBER 27, 2001
Recommendation to recognize Beverly Fields, Lieutenant,
medical services, as employee of the month for October, 2001.
request.)
MEETING:
emergency
(Recipient
ADD: ITEM 5(B): Accept a $15,645 donation from Herbert J. and Margaret
S. Sugden to the Collier County Parks and Recreation Department. (Staff
request.)
ADD: ITEM 5(C): Acceptance of $100,000 donation from Herbert J. and
Margaret S. Sugden to the Collier County Public Library. (Staff request.)
ITEM 8(D): CONTINUE TO NOVEMBER 13, 2001 MEETING: PUD-2000-21,
Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing Robert
Vocisano and Angelo Favretto, requesting a rezone from "A" Rural
Agricultural to "PUD" Planned Unit Development to be known as Terafina
PUD for a maximum of 850 residential dwelling units, golf course, and
clubhouse, for property located approximately 1.5 miles east of 1-75, one
mile north of Immokalee Road (C.R. 846), in Section 16, Township 48 South,
Range 26 East, Collier County, Florida, consisting of 646.5+ acres.
(Petitioner request.)
ITEM 10(G) TO BE HEARD AT 10:00 A.M. Authorize and approve purchase
of last remaining out-parcel owned by Ricky Stauffer in Barefoot Beach
Preserve. (Staff request.)
ADD ITEM 10(I) Authorization for the BCC Chairman to sign and send
letters to the Collier County legislative delegation requesting their
opposition to proposals to increase the County portion of Medicaid nursing
home and hospital costs. (Staff request.)
CONTINUE: ITEM 16(A)4 TO NOVEMBER 13, 2001 MEETING: (This item
was continued from the October 9, 2001 meeting.) Request to approve for
recording the Final Plat of "Berkshire Commons Parcel 1, 2, 3". (Staff
request.)
MOVE: ITEM 16(A)14 TO ITEM 10(H): Third Amendment to the 2001
Tourism Agreement between Collier County and the Tourism Alliance of
Collier County to include expenditures up to $500,000 for the Disaster
Recovery Marketing Plan for Collier County from the Disaster Recovery
Fund. (Staff request.)
MOVE: ITEM 16(B)8 TO 16(C)17: City-County Emergency Wastewater
Interconnect. (Staff request.)
ADD: ITEM 16(B)9: Request approval for temporary "No Through Truck"
signs at specified locations adjacent to the Naples Park neighborhood.
(Commissioner Carter request.)
ADD ITEM 16(B)10: Request to waive the right-of-way permit fees for the
Tropicana Boulevard Beautification Project, as requested by the Golden
Gate Beautification Municipal Services Taxing Unit (MSTU) Advisory
Committee. (Staff request.)
ADD: ITEM 16(F)4 (This item was continued from the September 11, 2001
meetinq.) Approval of a resolution amending the Collier County
Ambulance Service User Fees. (Staff request.)
CONTINUE: ITEM 17H TO NOVEMBER 13, 2001 MEETING. An ordinance
ratifying and further authorizing the more efficient administration of the
County's Community Development Block Grant (CDBG) program funded by
the U.S. Department of Housing and Urban Development (HUD) by
providing for participation in the CDBG program through Federal Fiscal
Years 2001-2005, and by providing for more clearly defined delegation of
signature authority for CDBG program documents to specified County
officials; providing for conflict and severability; and providing for an
effective date. (Staff request.)
October 23, 2001
Item #5
PRESENTATION BY COLLIER COUNTY TAX COLLECTOR OF
FY '01 TURN BACK FUNDS - PRESENTED
MR. CARLTON: Originally I had hoped to give you some
money. For the record, I'm Guy Carlton, your friendly tax collector.
I thought I might have to call a friend to give you $4 million.
COMMISSIONER MAC'KIE: Whew.
MR. CARLTON: You know, we've had a lot of negative
information thrown at us since September 1 lth. And there's been a
lot of positive information. We found out we have a great president.
We have great military, and the strength of this country really is its
people. And I'm here to tell you this morning the strength of your tax
collector's office is the employees that work there.
As you know, if we have money that we did not spend with the
fees that we collected, we're to turn them over to certain taxing
districts. The total turnback this year is not only a record for Collier
County but, I believe, for the State of Florida. For a population of
250,000 we are turning back $4,585,851.29. The board's portion is
$4,129,412.34. So on behalf of the staff of the Collier County Tax
Collector's office, I would like to present you this check.
(Applause.)
CHAIRMAN CARTER: This is great. This one's good. This
one's really good. The last one I got up here we had to return for
insufficient funds. It wasn't from Guy--
MR. CARLTON: I was going to tell you your check's in the
mail but -- you may want to give it to the clerk's man.
CHAIRMAN CARTER: Look at him. Mr. Mitchell, from my
hands to his.
COMMISSIONER MAC'KIE: Guy, what a wonderful job you
Page 20
October 23,2001
do. Thank you so much.
CHAIRMAN CARTER: Thank you, sir. All right. That was a
pleasure. Now--
COMMISSIONER MAC'KIE: What did we budget for a
turnback? It wasn't close to that. That's much more than we
expected.
MR. OLLIFF: That was $600,000 more than we had budgeted.
COMMISSIONER MAC'KIE: That's amazing.
Item #3A
PROCLAMATION RECOGNIZING THE WEEK OF OCTOBER
20-31,2001, AS RED RIBBON WEEK- ADOPTED
CHAIRMAN CARTER: That's good. That makes me feel
better. All right. Let's go to the great part of our agenda. And we're
going to do proclamations. And, Commissioner Fiala, you have one
for Red Ribbon Week which we had the pleasure of attending their
luncheon on Saturday. And it was outstanding, and I'm sure
Commissioner Fiala will have more to say about that, but what a
wonderful group. Would you proceed, please.
COMMISSIONER FIALA: I would. Would -- would the
representative for Red Ribbon Week come up? Boy, it's hard to say
Red Ribbon Week, isn't it? A great group of people. Come on up
front here.
CHAIRMAN CARTER:
turn around, face the cameras.
COMMISSIONER FIALA:
and hearing some of the stories.
luncheon?
CHAIRMAN CARTER:
We need you to run up here in front,
Come in. Don't be bashful.
We did have the pleasure of going
Wasn't that an outstanding
Outstanding group.
Page 21
October 23,2001
COMMISSIONER MAC'KIE: Oh, please do. Please, please.
COMMISSIONER FIALA: Whereas, prevention resources
have been dramatically cut, programs and community-based efforts
are asked to do more with less and community services compete for
remaining limited support; and
Whereas, substance abuse is the most common risk factor
impacting our behavorial health, particularly for our young people,
furthering delinquency, teen pregnancy, HIV and AIDS, child abuse,
and violence and so forth; and
Whereas, families face unprecedented pressures and stress
imposed upon them by the overwhelming nature of today's size --
society; and
Whereas, prevention and intervention efforts continue to
influence nonuse of alcohol, tobacco and other drug abuse, it still
remains prevalent in every Florida community; and
Whereas, Floridias (sic) must commit to strengthening families,
neighborhoods, and communities and educating our citizens about
prevention in every Florida community; and
Whereas, research and data reflect unquestionably that
prevention works and that our commitment to education, prevention
and positive life-styles is imperative; and
Whereas, the red ribbon represents the nation's united effort to
support prevention and build healthy and safe communities and to
remember the brutal murder of Federal Agent Enrique Camarena; and
Whereas, the 2001 Florida Red Ribbon Celebration focuses on
the importance of supporting our young people and creating an
environment in which our youth may flourish; and
Whereas, the Florida Prevention Association Incorporated
coordinates year-round prevention programs throughout the state; and
Whereas, the 2001 Florida Red Ribbon Celebration asks that the
citizens of Florida become motivated and involved in alcohol and
Page 22
October 23, 2001
other drug abuse prevention. Boy, we all need to do that.
Now, therefore, be it proclaimed by the Board of County
Commissioners -- Commissioners of Collier County, Florida, that the
week of October 20th through the 31st be designated as Red Ribbon
Week and encourage all Collier County citizens to wear a red ribbon
to symbolize our commitment to healthy and safe environments for
each citizen and to participate in events throughout the week and
throughout the year to support that positive life-style.
Done and ordered this day of-- of October the 23rd.
COMMISSIONER MAC'KIE: Move approval.
CHAIRMAN CARTER: I have a motion for approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Coletta. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. Thank you.
(Applause.)
MR. OLLIFF: If I could get you-all to stay up there for one
moment.
CHAIRMAN CARTER: Wait. Get a photo up here, folks.
COMMISSIONER COLETTA: Give us a count of 3.
VOICE: One, two--one, two, three.
MR. OLLIFF: Thank you.
CHAIRMAN CARTER: There you go. That's a little better.
Okay. I'm sure that you have something to -- thank you, sir. Okay.
Thank you, it was a pleasure.
By the way, they presented the board with a beautiful plaque for
our participation in this program, and it was a real emotional and
uplifting experience to listen to the stories of law enforcement and
Page 23
October 23,2001
what they're doing to protect our county in this effort. So I'm sure we
have some words of wisdom coming from-- from the group.
MS. STROLLO: My name is Marlene Strollo, and I had the
privilege of being chairman of the Red Ribbon committee this year.
The Red Ribbon -- and it is hard to say -- Red Ribbon committee is a
committee of the Substance Abuse Coalition of Collier County. The
Substance Abuse Coalition of Collier County began just this January,
so our activities are very inaugural. The luncheon that Commissioner
Fiala attended and Dr. Carter on Saturday -- and thank you for your
attendance -- of-- was our inaugural Enrique Camarena drug
prevention recognition luncheon. And that's a mouthful as well.
We thank the commissioners very sincerely for your support and
endorsement of our work. That's very important to us. And we
would encourage everyone to wear your red ribbons, especially this
week and to attend Red Ribbon activities as your schedules permit.
And we thank you very much for your proclamation. Thank you.
CHAIRMAN CARTER: Okay. Thank you.
(Applause.)
Item #3B
PROCLAMATION FOR THE ACQUISITION OF LITTLE PALM
ISLAND - ADOPTED
CHAIRMAN CARTER: The next proclamation this morning
will be one by the Board of County Commissioners in conjunction
with The Conservancy of Southwest Florida for the acquisition of
Little Palm aisle -- Island. And representing Little Palm Island, the
recipients this morning, are Kathleen Avalone (phonetic). She is the
citizen for the protection of animals; Ronnie Poblock (phonetic), the
Audubon Society; Karen Cromwell, Conservancy of Southwest
Page 24
October 23,2001
Florida; and any others that might be here, would you please come
forward and face the cameras this morning as we -- as I read this
proclamation.
And Jean Belk (phonetic) is here from the little palm river
homeowner's -- little palm river -- Palm River Homeowner's
Association. Jean and John Belk, you come up here. What a
marvelous couple we have with us this morning. These folks work so
hard in Palm River that we should be giving them an award by
themselves, but they are just wonderful people, and thank you for re -
- joining us. If you would slip right over here, folks, and I don't
know if that camera can swing and pick you-all up. You're such
great folks, and you have part of your board here this morning from
Palm River. Thank you for joining us.
Whereas, the 87 acres of land known as Little Palm Island is a
beautiful renement -- remanent of wetland and upland wilderness in
the midst of rapidly growing North Naples; and
Whereas, the land is potential habitat -- habitat for many listed
species of flora and fauna; and
Whereas, the site contains particularly fine habitat for the gopher
tortoise, a Florida species of special concern, as evidenced by the
significant number of burrows and many tortoises living on site; and
Whereas, there's a need for more passive recreational natural
parks in Collier County which are easily accessible to the urban
population as articulated in several studies and polls including the
recent community character study report; and
Whereas, Little Palm Island is under imminent development
plans, as are most other remanent urban wilderness sites, and most of
the above positive qualities would be consequently lost; and
Whereas, the surrounding neighborhoods have been very
supportive of acquisition of Little Palm Island for a park preserve;
and
Page 25
October 23,2001
Whereas, the Florida Communities Trust, an agency of the
Department of Community Affairs, has a grant program designed to
fund community projects such as where land acquisition offers great
benefits for communities such as Collier County.
Now, therefore, be it proclaimed by the Board of County
Commissioners, does hereby wholeheartedly support the application
for grant funding of the Florida Communities Trust by The
Conservancy of Southwest Florida for the acquisition of Little Palm
Island.
Done and ordered this 23rd day of October, Board of County
Commissioners, Collier County, Florida. Myself, chairman, I move
for approval.
COMMISSIONER MAC'KIE: Second.
COMMISSIONER FIALA: Boy, that was --
CHAIRMAN CARTER: I have a -- I have -- so quick, a motion
by Commissioner Mac'Kie, second by Commissioner Fiala. All in
favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign?
(No response.)
CHAIRMAN CARTER: Motion carries. Thank you.
(Applause.)
CHAIRMAN CARTER: Ahh, we need a group shot here, folks.
You-all turnaround and smile. Get in close together. You, too, will
be on the picture of Time magazine.
MS. BELK: One, two, three.
CHAIRMAN CARTER: Thank you.
(Applause.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Anyone saying anything this morning?
I think maybe we said it all. Okay.
Page 26
October 23, 2001
Thank you.
Item//4
EMPLOYEE SERVICE AWARDS- PRESENTED
At this point we'll move to service awards. Commissioner
Henning.
MR. OLLIFF: Mr. Chairman, as the board's making their way
down to the floor, I'll take the opportunity to call our five-year
attendees. We actually have one, two, three, four, five -- we have six
five-year attendees this morning. I'll ask them to come up as I call
their name.
First is Mohan Thampi with the utility engineering department.
They got his e-mail name wrong at the beginning, and we called him
Mono (phonetic) while he was here for the first couple of months
while he was here.
Susan Murray with planning services, Susan, whom you-all
know, by seeing her here almost every Tuesday.
Kenneth Dozier with your parks and recreation department.
Alicia Abbott with utility engineering. Miss Abbott also serves
as a board member on the Big Cypress Basin Board. John Ferrell with the services for seniors.
Finally, Susan Anderson with your library department. If I
could get a round of applause for these -- these five-year attendees.
(Applause.)
MR. OLLIFF: Mr. Chairman, we also have the good fortune of
being able to provide not only 10, but we've got 10 -, 15-, and 20-
year attendees this morning. We've got two ten-year attendees,
Henrietta Bucholtz with EMS, and someone that you-all know fairly
well, Stan Chrzanowski with his ten-year award.
(Applause.)
Page 27
October 23, 2001
MR. OLLIFF: Nice tie, Stan.
COMMISSIONER FIALA: I hope somebody gets a picture of
Stan's tie.
MR. OLLIFF: Congratulations.
MR. CHRZANOWSKI: Red, white, and blue.
MR. OLLIFF: Mr. Chairman, we have four 15-year attendees
this morning. We start with Scott Fuller with your wastewater
collections department, Dale Waller with wastewater department,
John Yonkosky with utility billing, and Stan Litsinger with planning
services.
(Applause.)
MR. OLLIFF:
know who that was.
Mr. Chairman, we have three -- three 20-year attendees this
morning: Francisco Llorca with your road and bridge department.
(Applause.)
MR. OLLIFF: A man who worked across the hall from me the
day I started here, Dennis Mazzone with your code enforcement
department.
(Applause.)
MR. OLLIFF: And Mary Ann Mehlmouer with your library
department.
(Applause.)
MR. OLLIFF: Congratulations to all our attendees this
morning. And, Mr. Chairman, that's all our service awards.
CHAIRMAN CARTER: All right. Thank you.
MR. OLLIFF: Mr. Chairman, as you're getting settled again, I
guess the next item on your agenda would be public comments on
general topics, and we can check and see if there's anyone registered.
CHAIRMAN CARTER: All right. I have a very special award
this morning, ladies and gentlemen. It's not -- its not one of those
Actually it listed William Litsinger. And I didn't
That must have been Stan's brother.
Page 28
October 23, 2001
awards you like to really give because it's like saying somebody's
going away, and you hate to see them leave. And you know how
much time they have spent and worked and dedicated to public
service. And let me tell you, any of us who are here or who have
been here know that it is not always an easy road to walk.
But this particular person, Commissioner Mac'Kie, I've had the
pleasure of working with for almost three years, and I've never really
met or associated or been around a person, either on the dais or in --
in my life that had such passion for her beliefs and convictions on
what she felt was the right thing to do. And whether you agree or
disagree with her, you always had to say you never had to worry
where Pam stood on an issue. She was there. She was front and
center. She says this is me. This is how I feel. This is what I
believe. This is the kind of person I am. It is a rare quality that we
find in those who dedicate themselves to public service. We see it in
our staffs, day in and day out, as you just witnessed by the years of
service of people working and delivering for all of us day in and day
out. This person is not leaving public service. She's going on to a
more challenging and, I think, an exciting assignment.
For that I have nothing but heartfelt wishes and thanks for just
all the success in the world, Pam.
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN CARTER: But the personal loss here on this dias
to this Board of County Commissioners will be felt. I've relied on
her for a long time. She has that background. She knows when to go
for certain things, which I will truly miss, and has guided me as a
chair by periodically punching me or saying do this or do that and
helping me in the process. And with three new commissioners that
we had this year, I think that you have found that she has been a
guiding light up here and helping us all to do the best job that we can.
So as a small token, I am going to read a proclamation this
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October 23,2001
morning for her, and I'm going to ask the board to stand as I do this,
and as we honor Commissioner Mac'Kie this morning.
It's written by one of my favorite presidents. And if he was here
this morning or perhaps he is smiling down, Teddy Roosevelt really
was an outdoors person. One of the commissioners that I
affectionately refer to, "the bear" -- Teddy Roosevelt loved bears,
grizzly bears. And if you've never seen some of the movies that he's
been in, you should go back and get them out of the archives and do
it. But he was a very outdoors, very straightforward person.
In a grateful appreciation to Pamela S. MacKie, Collier County
Commissioner for serving the residents in District 4 and all citizens
of Collier County from 1994 to 2001, I want to read this quote. And,
Mr. Roosevelt -- I am going to, with your permission this morning
from above, I'm going to ad-lib a couple of words in here because I
think if he was here this morning, he would totally agree.
It is not the critic that counts nor the woman who points out how
the strong woman stumbled or where the doer of deeds could have
done them better. The credit belongs to the woman who is actually in
the arena, whose face is marred by dust and sweat and again and
again and who knows the great enthusiasms, the great devotions, that
spends herself in a worthy cause, who at best knows the triumph of
high achievement, and who at the worst, if she fails, at least fails
while daring greatly so that her place shall never be with those cold
and timid souls who neither know victory or defeat.
And could I say that it couldn't be more applicable to this fine
person next to me. God bless. (Applause.)
COMMISSIONER FIALA: See all the gals over there?
COMMISSIONER MAC'KIE: Yeah, guys, thank you.
COMMISSIONER FIALA: Our right-hands are up there.
COMMISSIONER MAC'KIE: Thank you, Commissioners,
Page 30
October 23, 2001
that's just the perfect quote for -- for this job, that's for sure. And I'm
not going to try to say more because I'll get all dishy.
CHAIRMAN CARTER: Well, I hope you don't because we
know that we will hear more later.
COMMISSIONER MAC'KIE: Yeah.
CHAIRMAN CARTER: But we truly appreciate the value
which you have done.
COMMISSIONER MAC'KIE: It's beautiful.
CHAIRMAN CARTER: Now, we will move to regular agenda.
And at this point we are at the 10 a.m. Hour.
COMMISSIONER MAC'KIE: How apropos.
MR. OLLIFF: I think, Mr. Chairman, we can do one more
good-news item before we get there. We have a couple of add ons to
accept some presentations from the Sugden family. And if I could
ask Mr. Jones to make his way up to the microphone, maybe we
could knock those out first.
MR. JONES: Good morning, John Jones, public library. I'd a
lot rather followed Guy for his presentation than follow for this one
because this one really does make me sad, and I thank you from the
library system and from the parks all you've done for us, as you have
been a leader at times when it was very dark.
Items 5B & 5C
DONATIONS TO COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT AND THE COLLIER COUNTY
PUBLIC LIBRARY FROM HERBERT J. AND MARGARET S.
SUGDEN- ACCEPTED
I -- I have the pleasure this morning to ask you to accept two
grants of money from Herbert J. and Margaret X -- S. Sugden for the
Page 31
October 23, 2001
parks and rec, $15,645, and this is to be used to place backs on the
seats in the amphitheater at Sugden Park.
COMMISSIONER MAC'KIE: Isn't that wonderful.
CHAIRMAN CARTER: Great.
MR. JONES: For the library system, $100,000 into our trust
accounts. This gift is accepted with the provision that we name our
auditorium in honor of Mr. And Mrs. Sugden. Through executive
summary this morning, you have the wording for that, so if you
accept this, you accept that also.
COMMISSIONER MAC'KIE: Motion to accept.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: Absolutely. We have a motion to and
a second for, motion by Commissioner Mac'Kie, second by
Commissioner Henning. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. Thank you, Mr.
Jones.
MR. JONES: Thank you.
COMMISSIONER MAC'KIE: Are they here? Is anybody from
the family here today?
MR. OLLIFF: They are not here. They promised they would be
watching from television. And I'd be remiss, Mr. Chairman, if I
didn't point out that this is the same family that made the purchase of
the property that the Sugden Community Park is on, instrumental.
They are also the same family who donate the funding that
provided the construction for the entire amphitheater within that park,
have been a constant supporter of the library system for years and
years and just continue to contribute to -- in major ways to -- to this
community and to Collier County government. I just cannot thank
Page 32
October 23, 2001
them enough personally, and I know I extend the thanks of the Board
of County Commissioners as well.
COMMISSIONER MAC'KIE: Just to add to that, I mean, those
are the county government contributions. There's also the Sugden
Theater downtown. There's also a hall in my church. There's, you
know, an unlimited contributions from this family. And this whole
community will always remember, you know, what they have done,
what their family's done for the community. And we just thank them.
CHAIRMAN CARTER: Those are the people that should be
making headlines.
COMMISSIONER MAC'KIE: Yes.
CHAIRMAN CARTER: Those are the people where the stories
should be written. And I would hope that Perspective at some point
writes a story on here's a family that gives to the community, a family
that believes in Collier County, a family that says this is a great place
to be, for the people that are here today and the future. That's what
Collier County is all about. And maybe the naysayers and the
negativists out there some day might get the message that these are
the people who really value what we are and where we're going and
the things we need to do. So the family, we can't thank you enough,
all of us in this county, for your tremendous sharing and helping us
be a better community, both in the city and countywide.
(Applause.)
COMMISSIONER MAC'KIE: Did we vote on the motion?
COMMISSIONER HENNING: Yes.
CHAIRMAN CARTER: Did we vote on the motion?
COMMISSIONER FIALA: Yes.
MR. OLLIFF: Yes.
COMMISSIONER MAC'KIE: Trying to help.
CHAIRMAN CARTER: I know. I know.
All right. Did I cover all of it?
Page 33
October 23,2001
MR. OLLIFF: Yes, sir.
CHAIRMAN CARTER: Okay. Thank you very much. Now
we can move to public petitions and comments on general topics.
COMMISSIONER MAC'KIE: What about the ten o'clock
special, time certain?
CHAIRMAN CARTER: Oh, right.
COMMISSIONER MAC'KIE: Please.
CHAIRMAN CARTER: Please. Yes, yes. Do -- do we have
any public comments this morning?
COMMISSIONER FIALA: Yes, sir. We have three speakers.
CHAIRMAN CARTER: Okay. Then we will take those after
we do the ten o'clock time certain. Thank you very much. Mr. Ochs.
Item #10G
PURCHASE OF OUT-PARCEL IN BAREFOOT BEACH
PRESERVE- APPROVED WITH STAFF TO PURSUE GRANT
REIMBURSEMENT PROCESS
MR. OCHS: Good morning, Mr. Chairman, members of the
board. For the record, Leo Ochs, assistant county manager.
This morning the commission has the opportunity to consider a
proposal that would place the last remaining parcel of privately
owned property in the Barefoot Beach Preserve into public
ownership. It was almost a year ago, believe it or not, where this
county commission decided that maintaining that particular property
in its pristine and natural condition was, indeed, in the best interests
of the community, and I directed staff at that time to work with the
property owners to try to negotiate a sale of that property.
Since that time the staff has been working along with
Commissioner Mac'Kie, who I should say is -- is largely responsible
Page 34
October 23,2001
or primarily responsible for bringing us to the point that -- of where
we are at this morning, and with that I would turn the balance of the
presentation over to Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Thanks. I -- I hope you guys all
got a packet of information yesterday afternoon --
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER MAC'KIE: -- to sort of let you get a chance
to catch up on this. And I apologize for adding it, because it's such
an important item. But since in all likelihood this is my last meeting,
I -- I just couldn't miss the opportunity to try to bring this to closure.
There -- I don't have the packet, Leo. If you have one, it will
help me. I know this one so well, I can probably talk without it. It's
hard to tell this whole story. Everybody recalls that this is the last
remaining piece of property that's not owned by the state in the
Barefoot Beach Preserve. This is the property that at one point in
time the county commission voted to partner with Paul Harvey to
create a private club and a public access point there. We've changed
our minds about that. We've been sued about that change of mind,
and we've been sued for inverse condemnation.
We've got eminent domain issues. We've got a lot of issues on
this property. And I think it's important to frame it in that context.
Gratefully, the lawsuit has been withdrawn, although it could be
refiled because they should have that right in the event that we are
unable to come to a purchase agreement on the property.
I want to make a couple of points clear because I don't think
anybody want -- wonders -- I certainly don't think anybody could
question whether or not we want to own this piece of property, get it
in -- in the public domain. So I want to talk about whether the price
is appropriate instead of whether this is a purchase we should make,
because I think surely everybody agrees that it's appropriate to
purchase the property.
Page 35
October 23, 2001
I -- I want you to hear from Ricky Stauffer who's here today
because I want you to know the story behind this land, how she came
to own it, and -- and, frankly, what a -- what a gift it is to this county
personally for her to be willing to sell it, that is a -- that, in itself, is a
great gift, because it is -- it has a lot of personal meaning to her.
You'll hear that from her, I'm sure.
But on the question of the value of the property, when we met --
when Mr. Stauffer and Mr. Harvey were nice enough to meet with me
at the Caloosahatchee Park, and we sat out and talked about this a
couple of times now, we agreed to have -- we instructed the county
staff to have the property appraised under certain conditions. And
those are conditions that they disagree with, and county staff disagree
with if we are in the position of litigating. The conditions for that
appraisal were that it be appraised as a single-family home lot. They
certainly disagree with that. They believe that this is a commercial
property, that it has been approved for commercial use. They have a
letter from Bob Mulhere saying it's appropriate for that use. And
they have the county's original agreement to partner with them in that
use.
But despite their belief that this is a commercial property,
they've agreed to have it, for investigation purposes, rezone --
appraised as a residential property. County, our position is, that it is a
residential property and that there's a question about whether or not
there's good access to the property, because there may be a gap --
there may be a place in -- in -- a gap in the easement for access that
would foreclose access after dark, after the park is closed. So that's a
question. But we agreed to waive that issue and have the property
appraised and -- and that appraisal came in at $3.4 million. We're not
at liberty to disclose that appraisal today because it's part of potential
litigation if this deal falls apart.
Likewise, I've been told that the property owner had the land
Page 36
October 23, 2001
appraised and got, under their assumptions of commercial use -- and I
don't know the amount, but somewhere in the $ ! 0 million range or
more.
In addition, as you evaluate whether or not this is an appropriate
price to pay for this land, I would direct you to the-- it's page 10 of
your agenda packet. And -- and it's -- it's a letter -- it's just
information. This is not an appraisal. This is just information that I
find useful in evaluating whether or not we are being offered a fair
price for this land.
In the county's appraisal that came to a value of $3.4 million, the
comparable sales that were used for establishing the value were some
on Keewaydin Island, some on Sanibel or somewhere up there, some
on Gordon Drive, because this is a unique piece of property. It's very
difficult for this appraiser to come up with a value, to come up with
comparables. You've all been to this land. You've seen it. You
know that it's unique.
So in trying to come up with a value for this land, I think it's
also useful. Even though it's not part of the appraisal, I think it's
useful. To look at these numbers that are on page 10 that -- that
compare that, give us information about the assessed value of lots in
-- of improved lots, lots with homes on them in Barefoot Beach.
Now, we know that's similar in that it's located right nearby. We
know it's dissimilar in that this is an improved subdivision as opposed
to an isolated lot in the middle of a preserve. You decide for
yourself.
The appraiser that the county hired said the fact that this is a lot
separate and apart is both positive and negative. For me it's positive.
If I could live in the middle of a preserve on a one and three-quarter
acre lot, I can't imagine anything more wonderful, frankly. So to me,
this is much more valuable than a lot in the middle of Barefoot --
Lely Barefoot Beach. No offense intended to anybody who lives
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October 23,2001
there, but they're tiny little lots, you can hold hands outside the
windows practically of these houses they're so close together. So for
what it's worth, here's some information about lots in that
neighborhood.
At the top there on page 10 is value based on assessments and
sales. First, we have the assessments. There are four properties there
that are about a quarter acre in size. This is a 1.7-acre parcel. And
the land assessment for taxes -- not the purchase price but what they
pay taxes on -- is over a million dollars in each case. So if you
extrapolate that, if you do the multiplication and say that's a quarter
acre, this is 1.7 acres, then the per-acre price of those properties is
4.7, 4 1/2 million dollars. Now, those are actually improved
properties with homes on them. But we have subtracted the value --
you know, when the property appraiser assesses for taxes, he says
this is the value of the land. This is the value of the home. Subtract
the value of the home from the land, and that's where you get this 4.5
or 4.7 per acre.
I don't want to be misleading in any way. This is not
information that our appraiser used. He did not use this information.
However, if we do go forward with this, there will be the need for
another appraiser and another appraisal, and I hope that he would
consider property in the neighborhood instead of on Sanibel and
Keewaydin and, you know, far away. But it's a very difficult
appraisal to -- to make.
If we looked at sales prices in this area and just the land value in
the area and multiply that out for the 1.7 acres, then the sale prices in
Barefoot Beach, vacant lot, comparison would be that this parcel is
worth $14 1/2 million. So somewhere between $14 million and $3.4
million this lot has a value as a residential property. We will have to
have it appraised again. I understand that that will have to be -- look,
now let me back up and tell you, and another piece of information
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October 23, 2001
that you already know, but you know today that we did a resolution
in favor of the Little Palm Island.
CHAIRMAN CARTER: Little Palm Island.
COMMISSIONER MAC'KIE: That -- that pot of money is also
available to apply for reimbursement if the -- if this lands -- if we pay
the fair value for this land, then the state, we can reasonably assume,
would reimburse 60 percent of that under that F D C grant.
COMMISSIONER HENNING: We could put a contingency --
excuse me, I didn't want to interrupt, contingency on the agreement to
purchase.
COMMISSIONER MAC'KIE:
contingencies.
COMMISSIONER HENNING:
COMMISSIONER MAC'KIE:
If the seller is willing to accept
Right.
But there is that opportunity to
apply for grants. This is land in the middle of a state preserve. I
would think there are other state pots of money from which we could
seek reimbursement for this.
And, frankly, you know, this has been just such a long, hard
battle. And considering the alternatives of the litigation where we
have been and will again be sued for $10 million. And, frankly, that's
just a number that the counts of the litigation that were previously
filed included everything from inverse condemnation, which means
we would pay them whatever they proved the value of the land to be
and they will allege it to be commercial and they have a letter from a
county senior staffer saying that's appropriate, there's a question for a
judge and jury, then they would have lost profits. Then in an eminent
domain action they potentially have where we pay their attorney's
fees, where we pay a third of the -- a penalty, in addition to attorney's
fees that you can have the lawyers explain to you if you want to hear
it. But there's a great deal of risk in that litigation.
And I think-- and one other point: This $4.75 million that Miss
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October 23, 2001
Stauffer has agreed to today is within the range of the comparables
that our current appraiser has reviewed. So it's not the number that
he came to. He came to 3.4. But we will need to have the property
appraised again. The property could be appraised using different
comparables.
And because this is such a difficult piece of land to value, it is,
in fact, unique. And I hate it when people misuse that word. You
know, people say something is very unique or kind of unique. It
either is or isn't unique. This is a unique piece of property. And it's,
in my judgment, a unique opportunity. And it's the right thing to do
for the county to acquire it. And we should be grateful to Miss
Stauffer for the sacrifice she's making personally to be willing to sell
it. That's all I have, Mr. Chairman.
CHAIRMAN CARTER: I -- I thank you for a very thorough
update on that. And before we have questions by commissioners, I
would personally like to hear from Miss Stauffer. It is a pleasure to
see her in the room. She is a mythical person that I've never had an
opportunity to meet, a person that I always wanted to meet and to
hear from because it gives us an opportunity to understand how you
feel, where you were in all of this, and to clarify, I think, some
misunderstandings where we just didn't really know -- I'm going to
let you talk. And then I'm going to get some clarifications, a couple
of questions just to help me better understand this whole history.
MS. STAUFFER: First of all, I want to say I really do not want
to sell the land.
COMMISSIONER MAC'KIE: I know.
MS. STAUFFER: I really do not want to sell it.
CHAIRMAN CARTER: For the record, though, I have to have
you identify yourself.
MS. STAUFFER: I would like the project to go through.
COMMISSIONER MAC'KIE: Her name is Ricky Stauffer.
Page 40
October 23, 2001
CHAIRMAN CARTER: I'm sorry. For the record. We have to
do that so that--
MS. STAUFFER: Okay.
CHAIRMAN CARTER: -- everybody knows who you are.
MS. STAUFFER: I would like the project to go through which
would help to bring people from Naples onto the beach. And it
would also alleviate the traffic that goes down the road down through
Barefoot Beach right now. It would help them so they wouldn't have
so much traffic or filth that's being thrown from cars.
What more can I say? I -- I just want to say to everybody that I
have loved that land. My husband and I lived down there for 20
years with nobody around before Barefoot Beach was even a glint in
anybody's eyes. And I hate to get rid of it, but I'm backed into a
comer. I have nowhere to go, and this is -- this is the final thing that
I have to do.
I want to ask you something. Any of you people in this
audience or on the commission, supposing this was your piece of
land. How would you feel about it? I bought that as a -- a woman
years and years ago. I've kept it. I've paid taxes on it. I've had it for
35 years. I had a permit to build a house on it at one time and I really
do not want to sell it. But as of today, I'm offering it to you, and --
and really -- really think about that. Have empathy for other people.
Think what would you do if you owned this land, and I thank you for
your consideration.
COMMISSIONER MAC'KIE: Ricky, could I just -- you
know --
CHAIRMAN CARTER: Go ahead.
COMMISSIONER MAC'KIE: -- the other thing that I want you
to know, and I hope -- I didn't get your clearance to say this. I hope
I'm not saying the wrong thing, but Ricky's not an independently
wealthy woman who owns this piece of land in addition to a portfolio
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October 23, 2001
of other properties. This is what her -- she and her husband
purchased together when the rest of us weren't here. And, you know,
she's worked every day for a living. She's not --
MS. STAUFFER: I've cleaned a lot of toilets to buy that land.
So I loved it. I loved it. I love the sunsets. I loved the tortoises. I
loved the raccoons. I loved it so much. And then when they started
building, of course, I had to move. That's 14 years ago. My husband
died of Alzheimer's recently, and I'm left now with -- with the land,
and I'm backed into a comer.
about that.
CHAIRMAN CARTER:
commissioners ask questions.
I have no place to go. So just think
I really, really -- I'll let the other
But I -- for so long there's been so
many statements made or rumors or perceptions or inferences of--
that this commission, this county, wasn't willing in any way to -- to
purchase the land. And I think I'm hearing this morning that for -- if
I'm right for right up until you got involved in another aspect of it
which we were looking at over a year ago, you are not a willing
seller.
MS. STAUFFER: I'm not a willing seller today either.
CHAIRMAN CARTER: I understand. I hope certain people
who are in the reporting business truly understand your position and
why people here should not be chastised, because we've always tried
to find the best alternative to work with the Lely Barefoot Preserve.
And because we all wanted it to be a preserve forever in perpetuity
that nothing would ever happen to it. I see an opportunity to fulfill a
lot of dreams in -- in this. And the rest becomes a negotiation, you
know. I understand the amounts, how the payments are made,
everything else so that it works in everyone's -- everyone's interest.
But I truly, truly value you being here this morning and sharing with
us. And I do have empathy. And being on that property, I can
understand. I can ask myself a hundred thousand times would I sell
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October 23,2001
this? Even if I thought about it, I have a spouse that'd say I would die
a hundred deaths before I would ever sell it. MS. STAUFFER: That's right.
CHAIRMAN CARTER: So I know where you are.
MS. STAUFFER: I appreciate your thoughts on that.
CHAIRMAN CARTER: Okay. Other commissioners may have
questions of Miss Stauffer.
COMMISSIONER COLETTA: If I may. Miss Stauffer, I'd just
like to thank you very much on behalf of myself, my family and all of
Collier County for your sacrifice in doing this. And I don't think this
would have happened if it wasn't for Commissioner Mac'Kie stepping
out of her role as a commissioner doing something over and above
what is expected. Using her talents as a land attorney, her
compassion as a human being, her-- her interest in the environment,
her -- everything just happened to fit together at the right time and the
right place.
Pam Mac'Kie, thank you. Thank you very much.
And I hope that the point will come that we'll be able to honor
the family by recognizing them with some sort of memorial at this
particular spot. This is a great sacrifice, and I don't think it should
ever go in any point in time that we don't recognize the efforts and
the energies you put into preserving this land all these years, paying
the taxes and being there.
MS. STAUFFER: Thank you for expressing those ideas. I
appreciate it.
COMMISSIONER COLETTA: Furore generations will thank
you, tOO.
COMMISSIONER FIALA: So will the environmentalists.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: They are so tickled to death, the
environmentalists and the park people. When I walk the property --.
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October 23,2001
MS. STAUFFER: Wouldn't you like to have that property?
COMMISSIONER FIALA: Yeah.
CHAIRMAN CARTER: Well, Commissioner Mac'Kie, you
were the perfect person to deal with this. There's no question that
others of us here would have been -- we would have been judged and
tried and executed if we made any efforts before we started. But
Commissioner Mac'Kie was in a-- in a framework-- in a position of
her past voting records and stands.
MS. STAUFFER: She's very compassionate.
CHAIRMAN CARTER: And she did a great job.
MS. STAUFFER: Yes, she did.
CHAIRMAN CARTER: So I appreciate it. Commissioner
Henning, do you have comments?
COMMISSIONER HENNING: Yeah. I agree with
Commissioner Mac'Kie that this land is very important to the
residents of Collier County. However, some of the comparables or
assessments is -- I don't think, is -- is apples and apples, but that's
neither here nor there.
What I do believe is, if Collier County is really dedicated in
acquiring this piece of property going through the eminent domain
process, it is time consuming. There is bad will, and it maybe could
cost more than the offering price.
CHAIRMAN CARTER: I would bet my soul it would cost
more.
COMMISSIONER HENNING: I would -- if there's no more
comments, I would like to make a motion contingency upon the
state's fair share on -- on this piece of property.
COMMISSIONER MAC'KIE: I don't --
CHAIRMAN CARTER: Is there a second?
COMMISSIONER MAC'KIE: The point I'd like to make about
that before is, if the state should -- if this property for some reason
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October 23, 2001
didn't make the top of the ranking in this particular grant application,
there are other grant processes, and there are other years. And that's
why in the fiscal impact what I told you was what the cost to carry
would be for the debt service on this for the 4.75, it would cost us
$478,500 a year to carry the debt on it until we could get a 60 percent
match, which then would cost $193,500 a year, you know, in rough
numbers, to carry it. But I don't think -- well, I'll leave --
CHAIRMAN CARTER: Do I have a second on the motion?
MR. MUDD: Mr. Chairman, you have a couple of speakers,
too.
MS. STAUFFER: I just want to thank you.
CHAIRMAN CARTER: The motion did die for a second, so
we'll take the other speakers.
MS. STAUFFER: Thank you for inviting me.
COMMISSIONER MAC'KIE: Thank you, Ricky.
COMMISSIONER FIALA: Your next speaker is Mr. John
Fahrquar, followed by John Harvey.
MR. FAHRQUAR: Myself and Mr. Harvey will speak if
there's questions to address, otherwise we'll let everybody else speak,
and if you have questions after that, we'll be happy to address.
COMMISSIONER MAC'KIE: In lieu of the speakers, I'm going
to make a motion to approve the recommendations in the staff report.
Those are to approve the purchase of the property for 4.75 million, to
authorize the chairman to execute the proposed purchase agreement,
and to authorize the staff to take all necessary steps to close the
transaction in accordance with the terms of the agreement, and also
I'll add a condition, that we direct staff to continue to actively pursue
the grant reimbursement process to the greatest extent of funding that
we can.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Oh, with that provision -- sorry. I'll
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October 23,2001
second it.
MS. FILSON: And, Mr. Chairman, I have one additional
speaker.
CHAIRMAN CARTER: Let me go there.
COMMISSIONER FIALA: Mr. Thomas Bolf.
COMMISSIONER MAC'KIE: He's with Mr. Farquhar.
MS. FILSON: Thank you.
CHAIRMAN CARTER: May I ask another question of the
motioner and the person who made the second? Within that
framework as -- of discussion, there will be a period of time
negotiated for closing and the payment of funds, whether it would be
a total lump sum to Miss Stauffer or if she would prefer X amount up
front with payment periods through a different period of time for
estate planning, incomes, whatever might be there, it will be
something that I would just like the opportunity to be as a part of
discussion rather -- and I'm not saying if you don't get any of those
it's not right, I'm saying if you get whatever is agreed to is fine by me.
But you have a broad framework where we agree on the purchase
price. We agree that we're trying to get state funding for it, but there
is a time line for closure on property. There there's a time line --
where there's a methodology for how people are paid. Some folks
want everything up front. Some folks rather have it spread out
depending on their own personal needs. So I would like that all to be
incorporated in the discussion.
COMMISSIONER MAC'KIE: Could I just say there -- there
was -- I know there has been very short notice on this, but there was a
contract proposed by Miss Stauffer's attorney that's attached --
CHAIRMAN CARTER: Okay.
COMMISSIONER MAC'KIE: Not proposed by Miss Stauffer's
attorney? Oh, you prepared that, the county attorney.
MS. CHADWELL: Yes, I did.
Page 46
October 23,2001
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CARTER: Maybe that's all incorporated in there.
COMMISSIONER MAC'KIE: Are the terms of this contract
accept -- acceptable to -- I know they're acceptable to our counsel
because she drafted them.
MR. FARQUHAR: It's signed.
COMMISSIONER MAC'KIE: It is signed. Let me look at that.
MS. CHADWELL: No. Yours is not signed. They executed
MR. FARQUHAR: We executed a copy this morning.
MS. CHADWELL: -- a copy this morning.
In response to the chairman's questions, the closing, we had
initially requested 90 days from the property owner. They've insisted
on 60. Now, they may negotiate that, but that would require a closing
no later than December 21 st, 2001. It also provides for -- doesn't
make any adjustments as to payments, you know, any kind of
schedule of payments.
COMMISSIONER MAC'KIE: But why would they -- I mean,
we drafted this contract. We proffered the offer. We drafted it.
They have accepted it. So that should satisfy your concerns, Mr.
Chairman, it seems to me.
CHAIRMAN CARTER: As long as we're okay with that, I'm
fine. Just always looking for a way to make sure everybody's (sic)
can do the best they possibly can, because I have to look at, you
know, our funding and the ways we get funding and methodologies
for payments. So any -- any opportunities that we have to enhance
our ability to finance what we do, we look for it.
MS. CHADWELL: Okay. Well, as far as the financing aspects,
I'm told that -- that those are fine and that staff is -- is okay with this
payment ability.
CHAIRMAN CARTER: Okay.
Page 47
October 23, 2001
MS. CHADWELL: I would just like to point out to the board
and include in our recommendation that we do intend to go forward
with a second appraisal on the property and that that -- while the
board gave us some prior direction in that regard, and I think the
monies have been allocated for that, I would just like to make it clear
so that there's no confusion with us having to come back to the board
and requesting that -- that authorization direction.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: Just one fast question, and I'm
totally in agreement with what we're doing, but I want -- I wanted to
note, just as a personal question, does putting this agreement together
prevent us from getting any grant monies once it's already a deal? I
mean, I'd hate to see us cut our chances.
MR. OLLIFF: No, ma'am. Most, if not all of the loan programs
that we're looking at are reimbursement type programs. They give us
a fairly significant period of time to go back to the state and request
funding for properties that we have already purchased, and it's the
Florida Communities Trust program is the primary source of those
funds. And we've done that historically.
COMMISSIONER FIALA: Besides the state, do we also have
access to maybe gopher tortoise groups or habitat groups that might
want to participate in this being that they have an interest in the
property and -- and maybe they would want to help us pay for some
of this? I know that even friends of Barefoot Beach had suggested,
maybe, they wanted to do some fundraisers and, you know, reach out
to the community a little bit.
CHAIRMAN CARTER: Well, that wouldn't preclude them
from raising funds to help pay the debt. Anybody that wants to write
a check to help pay for the debt service on this, we would welcome
you with open arms. No. I don't think it would preclude any of that,
Commissioner Fiala.
Page 48
October 23, 2001
COMMISSIONER FIALA: Good.
CHAIRMAN CARTER: I think it's a good question and one
that we would continue to explore.
MS. CHADWELL: If I might just briefly respond to
Commissioner Fiala's inquiry, as one of the conditions for the grant
monies is -- it has to be a negotiated purchase of the property. So I
just wanted to let you know that as a voluntary transaction.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: Being willing sellers always is a
positive on the point scale on the evaluation by that particular land
trust, and we'll put it that way.
COMMISSIONER FIALA: Okay.
CHAIRMAN CARTER: And they look at every project that
comes. The county could have more than one. It does not jeopardize
one over the other. I'm assured by that division that they evaluate
each one on its own individual merits. There's a point scale on each
item, and you go from there. Any further questions by members of
the board?
(No response.)
CHAIRMAN CARTER: No further questions, call the motion.
All in favor signify by saying aye.
Opposed by the same sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN CARTER: Motion carries 4-1. Thank you, Miss
Stauffer. Thank you, Mr. Ochs. Thank you, staff, for everything
you've done, and a special thanks to Commissioner Mac'Kie for all
your efforts in this. And we now have the pieces that's joined. It
gives us a great opportunity, then, to look at-- we have a total
preserve. We have a total park, and I know we will go forward so
that people will have a great opportunity to enjoy it today and in the
future.
Page 49
October 23, 2001
Okay. It is that time where magic fingers is ready for a break.
So we're going to take 15. We'll be right back. Thank you.
(A break was held from 10:35 a.m. To 10:52 a.m.)
CHAIRMAN CARTER: We're now back in session, ladies and
gentlemen. If all the commissioners will come back and seated,
please. We are at Item No. 5-A. Well, wait. Before we go there, I've
got to go back. I've got to take -- we've done all that. I'm sorry.
We're at 6-A public comments on general topics. Miss Filson.
Item #6A
PUBLIC COMMENTS ON GENERAL TOPICS- DISCUSSED
MS. FILSON: Yes, sir, we have three speakers. The first is Les
Lezak followed by Carry Burris, and if he would please come up and
stand on deck.
MR. LEZAK: Good morning. My name is Les Lezak. As
most of you, I think, are aware, my comments today are going to be
in regards to road construction. My son, Zack, was killed on
September 11 th on the intersection of Shores Avenue and U.S. 41.
And though I'm certainly aware that the -- this particular incident
falls under the auspices of that road construction being under the
Florida Department of Transportation, there are a couple of issues
that I would like to bring to your attention for consideration in the
future. There are, I know there is a move afoot to have a half-cent
sales tax to provide for new road construction in this area. And
one -- one point that I would very much like to make, which I think
has been severely lacking in the construction that has taken place on
U.S. 41 north. And I don't think that I'm being out of hand here. I
think that probably everyone in this room that has ever traveled that
highway over the last two years would certainly agree that that has
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October 23, 2001
been maybe, at best, a fiasco and certainly, at worst, a hazard to
anyone's health that travels that highway.
Two issues: I would like you to consider for any future -- future
contracts that you may consider for road construction to provide for
by the construction company themselves and/or a separate entity that
be hired as a subcontractor flag men that would allow for the -- the
ability of people to be able to access 41, in my particular instance. In
case you're not familiar with Shores Avenue, it accesses directly onto
U.S. 41. I can tell you that over the last few years there have been
innumerable times where I wanted to go out my street and because of
heavy construction equipment and/or trucks, was not able to -- and
the barricades, for that matter, was not able to see the northbound
traffic coming up U.S. 41. To try to get somebody to help you
actually access the highway is a joke. It was not existent, but I -- I
would like to think that the most valuable resource that we have in
our county is our children. And I'd like you to address that issue in
future contracts so that no one else has to stand up here like I'm doing
here today with my son being killed.
Secondly, the sheriffs office has been wonderful since this
accident. They've had one speed trap, and I would probably forewarn
anybody that there's probably going to be another one this week at
some point in time. If you want to feel intimidated, I offer any of you
the opportunity to drive on U.S. 41 north from Immokalee Road and
try to turn eastbound on Shores Avenue. Do the 35 miles an hour.
You will receive the obscene gestures. You will get the honkings of
the horn. You will have people look at you as they pass you doing 50
to 60 miles an hour giving you looks that, frankly, aren't deserved by
any of us in this county.
The sheriffs office in the first speed trap in the matter of a little
less than two hours wrote 14 tickets. One, by the way -- which, of
course, all we know in construction zones speeding fines are
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October 23,2001
supposedly doubled. There were a couple of thousand dollar tickets.
COMMISSIONER MAC'KIE: Good.
MR. LEZAK: Well, I agree. It is good. There could be
thousand dollar tickets written there every single day, every hour of
every day, even to this point. You don't know how many times I have
decided to -- come close to standing out there. If you're in that big of
a hurry and holding up my son's picture -- I have thought about it.
The fact is that any construction projects that you have in the
future, it should be mandatory for the sheriffs office or whatever
governing agency happens to be in charge, if it happens to be a city
issue, I don't know. But there should be those kinds of things in
place. So my two points are this: Flag men and/or at least a safety
personnel which I'm sure could be hired at seven bucks an hour to
allow people to access a highway, because there is -- I -- in no small
way do I feel that the construction of that highway is in part
responsible for my son's death and my personal loss. I thank you for your time.
CHAIRMAN CARTER: Thank you, sir. I appreciate so much
you being here sharing that with us. I know it was -- it was certainly
a most tragic thing that I can remember hearing of when I was
notified of your loss. And save memories of the board, maybe we
could give some direction here to explore and work with that.
COMMISSIONER HENNING: I think the idea having a safety
person to take a look at our projects, our road projects, and make--
make sure that we don't inhibit the view of residents. And, plus, the
safety person can also look at the people who are constructing on the
roads to make any tweaks in -- in their safety.
CHAIRMAN CARTER: Mr. Feder, you might want to
comment on that because one of the things I -- I totally agree with
Commissioner Henning that we need to be better at this.
Unfortunately, we don't have the control over that one that we would
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October 23,2001
have on our own projects, but at least we can make that very, very
pointed.
MR. FEDER: We very much appreciate the comments that have
been made to you. First of all, we do have construction engineer
inspection to look at that. We need to make sure we don't have
obstructions for sight distance. We'll work with our contractors
throughout jobs to make sure of that. We are, even in our own
maintenance forces, road and bridge, where we do some of our own
projects, we're in the process right now, taking one of our positions
and making it a safety position to go out on jobs. We also have our
own risk management people that do go around to different projects,
both transportation and others, that are looking at those issues. So I -
- I hate this to be a remainder, but, nonetheless, I think we need to
continue to utilize what we have out there and to reinforce it, and in
particular I think the issue that has been brought to bear is, first of all,
we need to be aware of where sight distance problems are created and
look at that.
The other is a speed item. Unfortunately, I think if you put up
that speed trap anyplace in the county, anywhere around you can get
the citations. It's particularly important relative to construction
zones. You have a change in traffic conditions there. That's why the
fines are doubled, to try to get that emphasis that people are working
right on the side of the right-of-way. So in both cases we concur, and
we're going to do everything we can to respond.
CHAIRMAN CARTER: The speed traps here on this particular
road section, is that FDOT -- not FDOT but Florida Highway Patrol?
MR. FEDER: I'm not sure if that's highway patrol or the sheriff.
CHAIRMAN CARTER: I don't know which.
MR. FEDER: But in either case, I think that obviously in our
construction zones we need to ask people to -- to respond to the
reduced speeds in there. That's true throughout the system, but
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October 23, 2001
particularly in the construction zones.
CHAIRMAN CARTER: I want to ask Miss Filson to remind
me, permission of the board that I send a letter over to Don Hunter
just bringing this up again, not as a criticism, but encouraging him in
every way that he can to establish these speed traps, particularly in
these construction areas, so that -- with a lot of people coming back
here early and letting them know that we're serious about keeping our
people safe, because, you know, everybody says well why don't you
do it faster. Okay, we'll shut it all down. We won't let any traffic go
through a section for about a year and you detour around 29 miles to
get where you want to go. That's one option, and we have never done
that because we've always said we'll maintain traffic through the area
while we're constructing so we don't interfere anymore than we have
to with people getting to and from work and other locations. But
what happened to this gentleman is just a pointed reminder that
everybody is in such a big hurry to go nowhere. Commissioner Fiala.
COMMISSIONER FIALA: I just wanted to ask one fast
question and make a fast statement. Can -- can we as county FD --
county department of transportation assign somebody to be
overseeing a state road like that and making sure that people are safe?
MR. FEDER: We don't oversee the state projects. We
coordinate with them, and we have raised the issue throughout, and
we'll raise it even more. We -- we manage our projects, but we have
the same issues no matter what -- what the project is. We need to
make sure that we're --
COMMISSIONER FIALA: Because there was -- I agreed with
Tom. And I just wondered how much jurisdiction we had.
And the second thing I wanted to ask when you talked about
speed traps, I found that when they put the sheriff's office -- doesn't
cost any money at all to put one of those things up that flashes how
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October 23,2001
fast you're going and automatically it makes you aware of your
speed. And maybe the sheriffs office could place that on different
areas, not obstructing anybody's view, obviously, but still to -- as a
reminder that they're speeding.
CHAIRMAN CARTER: I think all that helps. And, perhaps,
Norman, along with what Commissioner Fiala is suggesting and
Commissioner Henning, that we put this on the agenda for the MPO
to address the FDOT at the next meeting.
MR. FEDER: Also you have your community safety traffic
team. That might be another appropriate venue to address this.
CHAIRMAN CARTER: So we'll hit on a lot of different areas
so we can sharpen this thing up. It's just -- folks, it's -- it's terrible
that a tragedy has to bring people to the point where we spend more
time and attention to what we need to do. There's nothing we can say
other than we just grieve for your loss. And none of us want to be
where we've lost a child. And if you've lost one, you know what this
couple is feeling. Any of us who haven't don't want to be there, so
thank you for being here. Thank you for sharing with us. And I
know you've done this on an ongoing basis, and we'll do our best to
try to make this a safer place.
MS. FILSON: The next public comment speaker will be Carry
Burris followed by the last speaker, Bob Krasowski.
COMMISSIONER HENNING: Before we go on, I would like
to see unanimous support to authorize the chairman to write a letter to
Sheriff Hunter stepping up the deputies in construction areas.
CHAIRMAN CARTER: Yes.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN CARTER: I have a motion by Commissioner
Henning, a second by Commissioner Fiala, all in favor signify by
saying aye.
(Unanimous response.)
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October 23, 2001
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. Miss Filson is my
memory bank, if you will remind me to get that done. Thank you.
Yes, sir.
MR. Burris: I'm Gary Burris with the Green Model project. I'd
like to start by thanking the commissioners for going out across the
planet to validate some of these solutions that we've brought to the
county for dealing with waste, energy, so forth. What I've given you
is sort of a rough of some of the processes that we've asked to be
included. And from all reports what you found out in Hawaii are
extremely positive because of what's happening in the world, I think
we all are beginning to understand that there are people out here who
would like to take down the machine of our country. And I were a
terrorist, I would be going after the oil supply next. And this country
is -- produces only 45 percent of its energy. And with any disruption
as in the '70s you know what's going to happen to us. They can really
take this country down, and it can never get back up without energy.
So what I have said over and over and over for years, and
probably one of my main motives -- motivations was to help find a
solution to that problem. And I -- I thank you for looking at these
solutions. And from what I'm hearing, you're moving forward to do
something that's really going to be an example for the nation.
One other thing I would like to add to the technologies that you
guys have been looking at is just recently I was informed by the
Detroit Edison people that a technology has been perfected and
operational for over a year now that can take landfill gas and turn it
directly into liquid natural gas which then can be taken directly to
compressed natural gas and put into a vehicle. And there's enough
gas being released around this nation to power almost all the vehicles,
at least several thousand miles a year if we would just do it.
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October 23,2001
And what -- I think I've said this, and I'll say it again, what you
are doing as a county and a commission is the beginning of a process
that needs to take place around this country. And I would like to -- to
-- for you to look into sending Mr. Mudd or one of the commissioners
to go out to Seattle at some time in the near future to look at this new
process and think seriously -- even if it's politically incorrect -- but
think very seriously into bringing every drop of energy that you can
out of this landfill, out of the gas, and out of the grease and out of the
grease from this region.
Sadly, the environment seems to be taking second place already.
But I think that's the silver lining in this mess that we're in in New
York and all that, is that -- that we understand now that -- that we
have to get an energy source that's secure. We have to. And -- and
from what I'm hearing, you're very close to doing something that --
that this company ought to just wake up and applaud you. And,
again, that's -- I'm here to thank you. And I would like -- the
problems I'm hearing and -- and seems to be being resolved, is that
you need somebody to buy some of this fuel. You need somebody to
buy the number five diesel that be made from grease trap waste. I
think as a commission you should demand of the power industry that
they have to -- it's an obligation. It is now a national obligation to
use this energy to get us at least more stable and out of the Middle
East.
The week after New York the speaker of the house stated that he
had two priorities. One was to catch the bad guys, and two was
develop alternative energy to help get us out of the Middle East. So
there's been a call from congress to do that. And -- and you are
already listening way ahead of what the rest of the country is doing.
And -- and I just ask that -- that what -- whatever the final proposal
is, to please look at what we can do to get every drop of energy to
bring -- make this county self-sufficient as an example to the rest of
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October 23,2001
this country that we at least can run our tractors and our buses, and
we can at least keep our nation running if they -- if something
happens in the Middle East and we lose that oil supply. And it's not
possible. It's very probable that that's going to happen. There are
people over there that hate us. In Saudi Arabia they're teaching their
children to hate infidels. And those children will be the ones working
in the oil fields in the very, very near future. It's not a possibility; it's
very probable.
I thank you. And, again, I would like you to consider sending
someone to look at an additional process that could be added directly
to what Detroit has liked to propose to the county. And thank you.
CHAIRMAN CARTER: Okay. Thank you, sir. Next speaker,
please.
MS. FILSON: Next speaker is Mr. Bob Krasowski.
MR. KRASOWSKI: Good morning, Commissioners.
CHAIRMAN CARTER: Good morning.
MR. KRASOWSKI: My name's Bob Krasowski for the record.
I'm here to speak briefly on an issue that I'm -- have an interest in, I
know you have an interest in as well. And that's regarding the four
requests for proposals that are being developed by your solid waste
department.
And one of them is -- is dealing -- inviting companies and
businesses to submit ideas on how they might handle our organic
portion of our waste. And I came -- I received a call from your
consultant, Malcolm Pirnie, the gentleman who is putting together
that RFP. And in the course of that conversation, I learned that the
horticultural waste portion of our waste stream is not included in the
organic RFP. And that, I think, limits -- excuse me. That-- that
limits our options. Now, anyone interested in organic waste
processing would certainly, almost certainly, have as a component of
their interest the horticultural material that we generate. And we
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October 23,2001
generate a lot of it.
As of now I know we have a pilot program where this material
is being brought out to the countryside in Collier, and it seems to be
very successful, how they're composting and windrows. You've all
seen that.
Now, the organic portion of our -- our waste stream, other than
horticultural, which has been addressed before which contains food
waste from commercial and potentially food waste from residential
collections, to whatever extent you decide to go ahead with that in the
future, but to blend these two operations or to have the people in the
horticultural waste operation work with the other organics, waste
material, and put it together and compost all of it in a clean compost,
is certainly something that we don't want to leave out of our
considerations in the future.
So I'm going to make an effort to discuss this matter with
George Yilmaz, the solid waste director. I had -- under the
impression that the horticultural waste would be part of the organic
waste RFP. And I speak to you first because of this RFP's rough
draft will be coming to Mr. Yilmaz soon, and I don't want to miss the
opportunity to get into this early so we don't have to complain about
it later. You know, it's much better to discuss it and see if-- if Mr.
Yilmaz, through your leadership, will speak with the Malcolm Pirnie
people and have them include horticultural as a consideration in -- to
anyone who might be responding to our RFP for organic waste.
COMMISSIONER COLETTA: Bob, correct me if I'm wrong,
but aren't we utilizing all the horticultural waste now in one form or
another?
MR. KR~SOWSKI: I know we have a pilot program.
COMMISSIONER COLETTA: Yeah. For the composting.
But don't we use it to spread over farmers' fields to build up the
consistency of the soil? I don't think we have any we're storing
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October 23,2001
anyplace.
MR. KRASOWSKI: A horticultural waste--
COMMISSIONER COLETTA: That's correct.
MR. KRASOWSKI: -- without the organics? Possibly.
Possibly.
COMMISSIONER COLETTA: Bob.
MR. KRASOWSKI: Okay. Possibly so. But I don't know if
we've considered any other options aside from what we're doing now.
I -- I know that the process is -- the pilot program we have ongoing
now is -- has an additional benefit to our agricultural community. It's
not something we'd want to interfere with because it's a beneficial
symbiotic relationship. But in order to identify -- for the purpose of
identifying our situation to those people who might be interested in re
-- responding to our RFP to then include the smaller portion of
organic material, food waste, and other things, they should be aware
of the horticultural operation. Or maybe the horticultural people
might want to participate in working with somebody or offering up
others to blend it. So we shouldn't leave it out of the mix.
But we're doing well in some regards with the horticultural, but
that offers us a system to feed the organics into. Rather than having
two operations, we can maybe blend the operations. It just makes
sense to look at it all and then start reducing your options as we go
on, yeah. Okay. That's it.
CHAIRMAN CARTER: Thank you.
Next speaker, please.
MS. FILSON: That was the --
CHAIRMAN CARTER: That was it.
MS. FILSON: -- final speaker.
Item #6B
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October 23, 2001
PUBLIC PETITION REGARDING JULY 4, 2002 FESTIVAL-
DISCUSSED
CHAIRMAN CARTER: Thank you. Now we move to Item 6-
B, public petition to discuss 2002, July 4th festival and fireworks
display.
MS. DOUGLAS: Good morning, Commissioners. For the
record my name is Lisa Douglas. I'm the chairman of the board of
the Naples Jaycees. With me today is Addie Marvin who is the
current secretary for the chapter. She's handing you out a packet of
information along with a T-shirt. I know you're going to question the
T-shirt, but I can tell you, in all fairness, it was $3.81. So if that's
something that you question, you can let -- you know, it's $3.81 is
what we paid for the shirts. And I also have a shirt that I'd like to --
CHAIRMAN CARTER: Maybe we better give one to Jeff Lytle
(phonetic).
MS. DOUGLAS: If I can have Marla Ramsey from parks and
rec come up as well, we'd like to thank her for her dedication and
support of our project for the fifth year. This is our fifth year at
Sugden Regional Park, and we'd like to give her one of these lovely
shirts for her to show her patriotism as well.
On the back of the shirt you'll also notice that in July of this year
our chapter was named the number one chapter out of 2200 chapters
nationwide right here in Collier County, named the number one
chapter in the entire country. So that was something we wanted to
point out to you today.
I'll try to breeze through this as much as possible for those
people that have been on the board for more than one year, might
look kind of similar. We just kind of update and move along, and I
wanted to --
CHAIRMAN CARTER: That's all right, folks. He's not doing
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October 23, 2001
his laundry.
MS. DOUGLAS: We wanted to try to explain what Jaycees are.
We've got a lot of questions about what is the Junior Chamber of
Commerce.
The Junior Chamber of Commerce is a young persons'
leadership training organization, people 21 to 39 years old that have a
common goal of doing something good for their community while
obtaining leadership skills at the same time. Who in our community
are past Jaycees or present Jaycee members, we have past
commissioners, or we have commissioners current and past that have
been Jaycee members, senators -- late Governor Chiles was a Jaycee
member -- firefighters, sheriff's officers, directors of other nonprofit
organizations, local business owners, county and state employees,
bank executives, restaurant managers, school teachers. The list is
endless.
In 1998 it was our original particular -- actually, 1998 Sugden
Regional Park opened. And while the Sugden family was recognized
earlier, we actually commend them for such a great park because it is
one of the best and premiere parks in Collier County.
In 1999 we continued the tradition, again in 2000. And this
year, 2001, the expectation was superceded or -- or far exceeded with
over 13,000 people in -- in participation inside the park itself and a
lot of people lining 41 because they know now that the number one
fireworks show in this county is done at Sugden Regional Park.
Over 40,000 people over the last four years have been
introduced to Sugden Park. A lot of people when we did an exit
interview last year indicated to us that they had never been to the
park, and they would come again next year. So we feel that that's a
really big contribution to Collier County parks, and -- and the parks
department does a phenomenal job in maintaining the park and its
integrity of-- and continually bringing it a higher level each year.
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October 23, 2001
We -- we would like to present to you today that the Naples
Jaycees would like to again for a fifth year do our -- our fifth annual
4th of July festival and fireworks show. The event is designed to
bring unity and the best day we know possible. And certainly after
September 1 lth event, we believe that the fifth annual festival there
will be one that we will make certainly memorable and dedicate to
the people that have lost their lives and the people that are continuing
to fight for our freedom.
The plan is that we want to start the festival at 2 p.m. And
continue through the fireworks display. Activities will include
throughout the day a bounce house and children's games and
entertainments -- and entertainment and clowns. This is kind of a
similar slide. I'm sorry. It's entertainment. I wrapped them together.
I was trying to rush through. I apologize. At dusk the Gulf Coast
Skimmers will again grace the lake and do their patriotic show which
is really loved every year.
Additionally, in speaking with Miss Ramsey, we have always
intended this event to be a collection of community service
organizations across our county. Previously we -- we have not done
the outreach effort to other community organizations. But because
we now are in our fifth year and think that next year should be the --
the, quote, unquote, pull together of all of our community resources,
we have drafted a letter, and we will be sending a letter to all
nonprofit organizations that if they have any fund raisers that they
want to come and put up a table -- and East Naples Civic Association
has been there in the past, sold corn and made a couple thousand
dollars in the event. We will open that up to all of the community
service organizations because we believe that this is a community
service event. You give back to the community what -- what they've
given us through the time. And so we've added that this year.
Instead of local businesses selling things at the event, we will open
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October 23,2001
that up to all of the nonprofits in our county.
B-103 radio station has always been out there. This is their fifth
year of signing on on a contract with us. And we anticipate that we
right now plan a $30,000 to $35,000 extravaganza firework display.
And I might note that our fireworks display -- no pun intended to
anyone else, but our fireworks display at Sugden Regional Park that
was supported by the County Commission last year and by parks and
rec last year was the only fireworks display that went off without a
hitch in our county. And that is something that I applaud each of you
for for your diligence in providing support for this particular event,
and I wanted to point that out because that's kind of a kudo to you -
all.
The goal certainly is to have 10,000 people attend the event. We
hope that it is more than that. We kind of like set our goals and try to
reach for the stars. We'd like to also secure $30,000 in in-kind
services from local radios -- event. This event really is a -- raise
money for back to schools' shopping spree, which every year we go
into our communities, select children that need some back-to-school
shopping supplies, and take them or either deliver those particular
supplies to the children in our community.
This festival is about an $80,000 project in in-kind donations
from local businesses. The amount of Jaycee hours that are put into
this event, we start this event in September the year prior to the event
actually happening. We have almost quarterly meetings up to
probably six months out; then we have monthly meetings. And three
months out we have weekly meetings. So the number of dedicated
hours from local Jaycees in this particular effort are endless.
Just in the -- in the past years -- I wanted to recap that in 1998
$25,000 was given to this particular project. In 1999 an estimate of
$35,000 was expended; in 2000, $25,000; and in 2001, $25,000
again. The Naples Jaycees' cost in 1998 was $40,000; in '99,
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October 23,2001
$65,976.80; 2000, $71,988.23; and in 2001, $78,423.77.
Those particular fees -- those particular figures are relevant in
the fact that you-all are a major sponsor of this event, and without
your help it would not actually occur. We do have local businesses
that rally behind us, and we also have introduced a new fund-raiser
project which Addie (phonetic) will actually show you. We have this
year 50 percent of the proceeds from a new fund-raiser that we're
doing is a blanket which we are going to be selling here in Collier
County. And 50 percent of the proceeds from this particular sale will
help us raise money to bring more -- more games and etc. Into the
event. So we actually are stepping up our fund-raising. We hope to
actually exceed some of those particular goals that we have set.
Listed here in front of you are certainly the typical waived fees
that we ask for and let you know that this year it's $26,100. But that
does reflect the $1100 of in-kind donations for the park rental fee, the
signed permit fee, the special events fee, and the carnival rides fee.
We propose that this particular event will cost us $80,000 for its
completion and hope that with your support we can again have the
best fireworks display in Collier County, to have the back-to-school
shopping spree tour be successful.
We want to thank the citizens -- it's our way every year of giving
back to the citizens of all Collier County, because we do so many
projects, that people rally behind us. And sometimes we leave people
in the dust of, oh, thank you for that donation of turkeys. And this is
a way for us to individually invite everybody that's supported our
chapter to come out and enjoy a fun day at Sugden Regional Park.
The winners in this certainly are endless; the Board of County
Commission, Collier County Parks and Rec, the Jaycees certainly, the
children that are in our community that have something fun to do
with their families. And we heard earlier about the drug awareness
week and having family unity. This is certainly an event that does
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October 23, 2001
that.
And we like to -- to -- to kind of go to the visual that we had
from before. Two different additional things is certainly that we
would like to say thank you again for your continued support.
Certainly our fund-raiser for a blanket, our first particular deadline
for-- is November 4. So if you want to purchase one of these, we
have some fliers for you, and we'll leave some here at the
commission building.
Additionally, it is that time of year that each of you can come on
out to the Naples Jaycees' Haunted House. And it's just across the
street in Courthouse Shadows right behind Albertson's and Boat U.S.
We are the number one haunted house in Jaycee haunted house
statewide for the fourth year, and we encourage you to come out.
We've added ten additional rooms, and it's really scary. So we thank
you very much.
CHAIRMAN CARTER: Thank you.
MS. FILSON: Thank you.
COMMISSIONER MAC'KIE: I heard you have an Osama bin
Laden shooting gallery.
MS. DOUGLAS: And I will say that in a PR situation we have
attempted every which way to get this event covered, and we chose to
try to add some time. And we do have an Osama bin Laden look
alike. It's all make believe. What we did is -- it's been sort of
controversial, and what we did is we said that we would ask people
on Saturday and Sunday of this weekend-- we put about 450 people
through the event already, and every single person through the event
we asked as they exited the building if they were offended by the
Osama bin Laden room, and no one was offended. As a matter of
fact, it was probably the most popular room we have and after the
execution people yelling and cheering, "God bless the U.S.A," and
"Can we see it again?" And it's all make believe, and it's all in good
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October 23,2001
fun. And we want to make sure that people come out --
COMMISSIONER HENNING: We're not promoting that.
MS. DOUGLAS: I'm sorry?
COMMISSIONER HENNING: Lisa, we're not going to
promote that.
MS. DOUGLAS: No, no. I understand that. What I'm saying
is we are -- our organization-- and, Tom, you're well aware of this.
Our organization is about community service and community survey.
And we have asked the community if they are offended by any way,
shape, or form, and we will listen to what the community tells us.
COMMISSIONER HENNING:
MS. DOUGLAS: Yes, sir.
COMMISSIONER HENNING:
Can I interrupt you?
I just want to say that I was out
there at the 4th of July fireworks, and I believe that the county really
got their bang for the buck.
COMMISSIONER MAC'KIE: So to speak.
COMMISSIONER HENNING: Yes. And where can we get the
blankets?
MS. DOUGLAS: We have some extra fliers here, and they're
actually in all of the pamphlets -- packets that you have that you just
got-- received.
COMMISSIONER HENNING: So where can I get one of those
blankets?
MS. DOUGLAS: Fill out that form, and mail a check to the
Naples Jaycees, and they will be --
COMMISSIONER HENNING: Where does the public get
those blankets?
MS. DOUGLAS: The Naples Jaycees -- you can reach us at
263-3353 and leave a message on the answer machine, and a Jaycee
member will return your call.
COMMISSIONER MAC'KIE: Lisa, I'm sorry. I thought the
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October 23,2001
Osama bin Laden execution room was the most fun, exciting thing I'd
ever heard. I didn't realize there was controversy over it. I wouldn't
have brought it up. I hope it's still there. That's the part I'd show up
for.
MS. DOUGLAS: Well, then we expect to see you there,
Commissioner.
CHAIRMAN CARTER: Well, as I told you on the air
yesterday, the only person who was scared in your haunted house last
year was my son. His -- his daughter says, "Hey, let's go again,
Dad." And, you know, he may have not recover, but this year
because of being a 10-year veteran of the U.S. Navy, I'm sure that he
might go to this special event.
MS. DOUGLAS: Thank you very, very much for your support
again.
MR. OLLIFF: Mr. Chairman, while Lisa is here, just -- I didn't
talk to you about this in advance, but I just wanted to know if--
because we are a partner, and I think we are a fairly substantial
partner, if we could get a commitment to be part of either the on air
or printed advertising in advance materials --
MS. DOUGLAS: We talked about that just a moment ago --
MR. OLLIFF: Okay.
MS. DOUGLAS: -- and the shirts you'll see one of the other
major partners was the local fire union. And what we have talked
about already, Marla and I spoke before, is on one of the shoulder
sleeves the Board of County Commission and the Collier County
Parks and Rec logo will be on those as well as in the past you always
have been on any public release that we have sent out anyway in the
past four years, and we'll continue that support. MR. OLLIFF: Great. Thank you.
CHAIRMAN CARTER: All right. Any questions for the
board? Any action taken? This is just merely an update; right?
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October 23,2001
Thank you so much, Lisa. Great presentation. As always, I
totally support the Jaycees. What a wonderful group of young people
who contribute so much to this community.
MS. DOUGLAS: And certainly I'd be remiss to say anybody
21 to 39 listening to this on TV that wants to join our chapter
certainly can do that.
CHAIRMAN CARTER: That's right. And they've even
extended it to 39. I was 36 when they told me it was bye bye.
MS. DOUGLAS: Thank you.
Item #8F
ORDINANCE 2001-59, RE: PUD-92-08(1), DWIGHT NADEAU
OF RWA INC., REPRESENTING WILLIAM T. HIGGS,
REQUESTING TO REPEAL THE CURRENT WHITE LAKE
INDUSTRIAL PARK PUD AND ADOPT A NEW PUD KNOWN
AS WHITE LAKE CORPORATE PARK PUD, LOCATED IN THE
NORTHEAST QUADRANT OF COLLIER BOULEVARD AND
INTERSTATE 1-75, IMMEDIATELY NORTH OF LANDFILL
ROAD- ADOPTED WITH STIPULATIONS
CHAIRMAN CARTER: Okay. That takes us to Item No. 7,
Board of Zoning Appeals. A has been deleted. B has been deleted.
C has been deleted. D has been continued. E has been deleted. We
are down to Item F.
All who are going to participate need to be -- stand and be
sworn, and we will also need disclosures upon the part of the
commissioners.
Dr. Badamtchian, are you ready, sir?
MR. BADAMTCHIAN: Yes. I am ready and waiting for the
disclosures.
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October 23,2001
CHAIRMAN CARTER: Okay. Commissioners, disclosures.
Commissioner Coletta.
COMMISSIONER COLETTA: I had contact with the
petitioner's representatives, and I have the file right here for anyone
that wants to see it.
COMMISSIONER FIALA: I also have the file, and I met with
Bob Mulhere.
CHAIRMAN CARTER: I have met with the petitioner, and I
have all correspondence available to anyone who would like to look
at it.
COMMISSIONER MAC'KIE: I met with Mr. Mulhere and Mr.
Nadeau.
COMMISSIONER HENNING: Ditto. And I also have my file.
COMMISSIONER MAC'KIE: The file's always here.
MR. BADAMTCHIAN: Good morning, Commissioners. My
name's Chahram Badamtchian from planning services staff.
This is basically a PUD amendment for the White Lakes PUD.
What they are proposing to do is they will reduce this conservation
areas from 11.3 acres to 9.3, the lake area from 44.1 acres to 36.6.
The open-space area will be reduced by 10.8 acres. And they will
increase the industrial land-use area from 67.4 to 77.3 acres, and they
will create 7.8-acre commercial tract.
Basically, this is the master plan that is part of the PUD clip. As
you can see, they have the big conservation area, and they have a
lake, some open space which is shown in red. This is what they are
proposing.
As you can see, most of the preserve is going to be removed,
and they will have industrial lots, and the lake will be reconfigured.
And the tract in here (indicating) will change from industrial to
commercial.
They obtained the state and federal permits to remove the
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October 23,2001
wetlands. It's an isolated wetland and impacted by the construction
ofi-75. And that's why the state and federal agencies did not have
any problems allowing them to remove the wetland with some
mitigation.
Environmental Advisory Council reviewed this petition and by a
vote of 5 to 1 recommended approval. The Planning Commission
reviewed this and unanimously recommended approval. They are in
full compliance of all the requirements of Growth Management Plan
and the Land Development Code. Most all issues were resolved
concerning transportation, environmental, and other issues. The only
remaining issue that we have, it's hard to buffer this industrial park
from 1-75.
As you will -- you -- you well know, this is part of the activity
center in No. 9 interchange plan which was adopted by this board.
And this map, which is part of that interchange master plan, shows
the view to preserve. And this preserve will be removed. And what
they will have, industrial buildings. Even though they have to
comply with some architectural standards, they will -- the back of
those buildings will face the road, face 1-75. And they are allowed to
have outdoor storage. That's why staff is proposing that the PUD be
approved with the requirement for a unified masonry wall with
landscaping placed on the outside.
What they are proposing is -- I was handed this -- a wooden
fence. I believe you received a copy of it. And this is what they have
built. I understand that they will remove this and push it back
because it was built right on the property line. However, this is an
industrial park, and they will have outdoor storage.
And a wooden fence in Florida doesn't last long. A masonry
wall will be of better quality and long lasting and easier to maintain.
There's some cost involved, of course. But staff believes, firmly
believes, that to require a masonry wall is the only way to buffer the
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October 23, 2001
view of the back of the industrial buildings with overhead doors and
outdoor storage of all kind of material from the view of travelers on
1-75.
That basically concludes my presentation, if you have any
questions.
CHAIRMAN CARTER: Questions by Commissioners?
Commissioner Fiala.
COMMISSIONER FIALA: How high did you recommend the
masonry wall be built?
MR. BADAMTCHIAN: We asked the masonry wall 8 feet in
height. The PUD allows 9 feet, but we are asking 8.
COMMISSIONER FIALA: Did you want it to be painted or --
MR. BADAMTCHIAN: We want a finished wall, and we want
a unified continuous wall. You may recall we had problems with
walls being built in section--
COMMISSIONER FIALA: Yes.
MR. BADAMTCHIAN: -- Naples Gateway.
COMMISSIONER FIALA: Yes.
MR. BADAMTCHIAN: We don't want to have the same
problem here. We are talking about almost a mile-long wall. And
we also request that you approve this with landscaping being in front
of it, not behind of it. Because the exhibit that they just handed to
you shows a 20-landscape buffer, but this being the wall, most of it is
behind the wall. And landscaping is intended to be seen and
experienced by people traveling or people living next to it or owning
property next to it. It's not intended to be hidden behind walls.
COMMISSIONER MAC'KIE: Can I just say -- the idea here,
because it's a little confusing, we're buffering the interstate which is
kind of an odd concept, unless you think of "Welcome to Naples," do
we want people to look at an industrial area? No matter how nice
you build it, it's still going to be an industrial area. This is a gateway
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feature. I mean, this needs to be beautiful as, you know, you're
entering our community. So, you know, it needs to be heavily
landscaped. It needs to be, frankly, prettier than this little wooden
fence here, in my judgment.
CHAIRMAN CARTER: Other questions by any commissioner
before we go to the petitioner?
MR. NADEAU: Good morning, Commissioners. For the
record my name is Dwight Nadeau. I represent William T. Higgs in
the petition before you today. Dr. Badamtchin did go through many
of the salient points. However, some of the issues that were brought
up related to the conservation area probably need a little clarification.
That conservation area was reduced by 2 acres. That 2-acre reduction
cost over $300,000 in mitigation costs. The -- the wetland area that
was disturbed was virtually a monoculture of melaleuca, the exotic
species melaleuca. So you have a exotic removal ordinance already
in place that would have mandated the removal of that melaleuca
anyway. However, to pursue the permits and the PUD master plan
that is presented before you today, there was an extraordinary
expense, and a great deal of time and effort went through that
process.
I will also identify by virtue that this PUD, if approved, would
become a mixed-use PUD, both industrial and commercial, that not
15 percent of the native vegetation would need to be retained or
replanted, but now 25 percent. So we're increasing the native
vegetation planting areas by 10 acres as well.
Now, in regard to the buffering, I will say that we've gone
through a very difficult process. We've worked very closely with
staff. We had some transportation issues. They were resolved. A
payment was made to Collier County for our fair share of
contributions towards intersection improvements in the amount of
nearly $119,000. That was paid on September 28th of this year. And
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really the only remaining issue that we have today for potential
debate is whether it's going to be a masonry wall or if it's going to be
a fence.
Now, the reason why we have a buffer, a 20-foot buffer, is
because we're in an activity center. Because we're in an activity
center, we are required to have a 20-foot Type D buffer. Now, the
20-foot Type D buffer requires trees every 30 feet and 24-inch hedge
planting.
What I have offered, and I brought this up during a -- a meeting
with staff on Friday, was that the language before you in this packet
is language to go beyond what the Land Development Code requires
with the understanding that we're buffering your -- an industrial use
from a nonarterial noncollector road, that being White Lake
Boulevard. We're proposing a 20-foot Type D buffer shall be
installed along the entire length of Tract I adjacent to White Lake
Boulevard public right -of-way. Said buffering shall be maintained at
a standard of 80 percent opacity at the time of installation. This is an
extraordinary concession made by the developer, 80 percent at the
time of installation.
Now, the way that we obtained that 80 percent opacity
requirement would be with an option to put in a wall -- excuse me --
a fence with landscaping at -- either temporary or permanently, to
attain that 80 percent opacity, as well as to allow it to grow up. And
if the fence -- if the vegetation that is installed meets the 80 percent
opacity requirement, the fence could be removed.
Now, we do have Christian Andrea, who is a landscape
architect, and can discuss some of the landscaping materials that are
being proposed.
Now, I need to direct your attention to this segment of the White
Lake Boulevard right-of-way. Here's the 20-foot landscape buffer
that we are required to do. We're -- we're going to comply with that.
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We'll adhere to the 80 percent opacity requirement.
The Collier -- Collier County also, pursuant to the interchange
master plan has a 20-foot wide -- 25-foot wide strip of land between
the White Lake Boulevard pavement and the edge of the 1-75 right -
of-way. And because the interchange master plan was adopted so
that there was a joint effort based on the development community, as
well as Collier County, Collier County accepted the responsibility of
doing lush landscaping associated with the 1-75 right -of-way. And
you have 25 feet in there. And that landscaping and buffering, as
guided by the interchange master plan, would be funded through the
capital improvement element.
So effectively -- and I don't want to be flippant about this, but
effectively we put the screening up because there's 800 garbage
trucks that go by the property every day. My client is in the business
of selling prime industrial land. There is some negative connotation
of having 800 trips of garbage trucks going by, so he put up a fence
to screen it. And we will maintain that screening.
We would like to have the opportunity to put landscaping on the
other side of the fence just to beautify the back of the lots. This is an
upscale industrial park. It is a clean industrial park. We have some
very good tenants, property owners, and businesses that contribute to
the welfare of our community.
To require a wall be put up with the understanding that Collier
County's going to put landscaping in the 25-foot strip adjacent to the
1-75 right-of-way would mean that the only people that are really
going to benefit from seeing a masonry wall are going to be the
trucks that go by.
COMMISSIONER MAC'KIE: That just doesn't make sense.
MR. NADEAU: Well, it would be the creation of a tunnel
where you got lush landscaping in accordance with the IMP in this
25-foot strip. We've got our 20-foot strip where we would still have
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October 23,2001
our fence, meet the 80 percent opacity requirement. The expense to
build a masonry wall, I've heard estimates as low as 200,000. I've
seen them go as high as three hundred or more thousand dollars. But
because we could not come to a significant resolution with staff, this
is the only remaining issue, is whether it's going to be masonry or a
fence.
We will satisfy, go beyond, what the Land Development Code
requires. We will comply with the standards of the Land
Development Code amendments that will implement the interchange
master plan. And with that I would -- I conclude my presentation.
We can ring myself up or our expert witnesses --
CHAIRMAN CARTER: There are a number of questions. Let
me ask this question: I hear where you're going on the fence. What
if that fence was wood to begin with and as each property is sold
along there it was converted to a masonry wall? Would that -- would
that work in the process? Say that you have all the buffering and all
the landscaping, but at the end of the day when all of those are sold
out you have a masonry wall.
MR. NADEAU: I'm going to defer to the petitioners'
representative, Matt Loiacano.
MR. LOIACANO: Commissioners, good morning. For the
record my last name is spelled L-o-i-a-c-a-n-o. I represent Mr. Higgs
and have worked for him for 14 years. I was involved in the original
PUD in 1992.
This project has been involved with Collier County on several
levels. We brought a community development block grant and an
employer that employees in excess of 300 employees to Collier
County.
Collier County is trying to promote new businesses to locate
here. There is a shortage of industrial property in this county. To
create an additional financial burden on us as a land seller to provide
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or require an end user to install an 8-foot architectural masonry wall,
in addition to requiring our end users to meet the architectural
guidelines of the Land Development Code, is a burden that seems
unfair.
While we are here discussing this, the landowner on the south
side of 1-75 is currently in the process of getting approved with no
architectural embellishments, basically, a straight metal building with
sliding doors and placing six trees on the property line with 1-75. We
are proposing, in keeping with the upscale manner of our
development and to attract the users that we are looking for, an 80
percent opaque landscaping buffer. We are working with some
constraints along the south boundary of the property, being the
extension of three-phase power to service the landfill area that goes
right along our south property line. There are certain limitations to
the landscaping materials we can install. But we are working within
that to create a landscape buffer meeting the native vegetation
retention and to create a look that buffers our project from the landfill
road while allowing for an economical solution to the county's
concerns to the 1-75 U corridor.
The interchange master plan for Activity Center No. 9 places a
burden upon the county to create aesthetic features, including
landscaping, within the county's right -of-way. You have the first 25
feet of property bordering 1-75. If you feel a wall is necessary, there's
plenty of space for you to build the masonry wall. That wall would
cost us --
CHAIRMAN CARTER: I guess the answer to my question is
no.
MR. LOIACANO: That wall would cost us quite a bit of
money, and to place the burden on us or the end user creates a
difficulty in marketing the properties to promote businesses out into
this area.
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October 23, 2001
CHAIRMAN CARTER: Okay. I -- I think I've heard your
response. Other questions, Commissioners?
COMMISSIONER HENNING: Yes. Thank you. Dwight, you
-- you stated that the only reason that -- if we require a masonry wall,
the only benefit would be the trucks, the landfill trucks?
MR. NADEAU: If Collier County were going to build the lush
landscaping --
COMMISSIONER HENN1NG: Collier County's not at this
time. We're talking about this PUD right now.
MR. NADEAU: Do you disagree with the language in the IMP?
If so, then I guess the wall --
COMMISSIONER HENNING:
MR. NADEAU: I understand.
That's not my question.
Until the county pursues the
landscaping within that 25-foot area, yes, the fence and our
landscaping would be seen from 1-75. However, there are exotic
species, that being Brazilian pepper, that are extensive in that existing
25-foot area of public land. So the amount of visual impact on 1-75
see the fence? I don't know. I'm not -- I haven't done any work to
drive by and see where the fence is in relation to the pepper that's
alongside the 1-75 right-of-way.
COMMISSIONER HENNING: Would you be willing to --
would your client be willing to have a hundred percent landscape
opaque buffer in that 20-foot easement?
MR. NADEAU: One hundred percent with the provision for a
fence to attain that -- well, I have a landscape architect expert here.
COMMISSIONER HENNING: The answer is no then?
MR. NADEAU: I can't answer it because I'm not qualified to.
If it were going to be strictly landscaping, I would have to defer to
Mr. Christian Andrea who is an ASLA.
COMMISSIONER MAC'KIE: Is he here?
MR. NADEAU: Yes, he's right behind me.
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October 23,2001
MR. ANDREA: Good morning. My name is Christian Andrea.
I'm with Architectural Land Design. I'm a landscape architect.
A-n-d-r-e-a.
The buffer that's proposed is a 24-inch tall hedge at installation,
but we see that hedge being maintained in excess of 6 feet. Time
frame as far as how long that will take, I would venture to say that's
probably a two-year window before it would achieve that height. So
ultimately the hedge and the proposed planting we have, which are all
outside the wall, so that would be visible from 75, so there -- there's
complete planting within two years. We would completely cover any
wall that we're proposing.
COMMISSIONER HENNING: Sir, my question was, would
your client be willing to have a hundred percent opaque landscaping
buffering without a fence?
MR. ANDREA: At a period of two years, I would say yes, that
would be the case. But the day of installation, the proposal we have
at this point is just a 24-inch-tall hedge and trees 30 feet on center.
COMMISSIONER HENNING: Thank you.
MR. OLLIFF: Just to help the board a little bit, I was provided a
picture from the petitioner. What you're seeing here is from the road
grade. So I think just the line of sight, there are some elevation issues
so that when you are standing on 1-75, I think it helps you get a better
feel for what is the line-of-sight view into what is the White Lake
PUD there.
CHAIRMAN CARTER: Commissioner Coletta.
COMMISSIONER COLETTA: Yes. A couple of points I
wanted to bring up: One, the wooden fence would be very difficult to
maintain. Who's to say some future owner will neglect it and we'll
have something -- will not be conducive to the neighborhood. The
problem with the vegetation, once again, too, if the irrigation is shut
off or you have a hard freeze, then you'll have that whole area
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exposed again. I can see the benefit of the fence.
I think Commissioner's Carter's suggestion, and I never heard an
answer to it, about putting up the wooden fence and then building the
block wall behind it as this progresses forward -- each time you get a
new tenant you would put up a new section of the wall so that at the
completion there would be a complete wall and it would be over a
number of years and the wooden fence could be removed. I thought
that was very fair.
COMMISSIONER FIALA: You know, I didn't like that at all
because weren't they having a problem with it -- what was that gas
station?
CHAIRMAN CARTER: That's true. It would be have to be
very tight in language and in force.
COMMISSIONER FIALA: But when they didn't build certain
parts, then there was a block in the wall, and it just -- there was no
consistency. I -- I really like the idea that staff has presented, the 8-
foot wall with the 25-feet landscaping outside. That's what we're
looking for. I think we've given this -- this developer quite a leg up
on the property. He's gotten a lot more than he'd bargained for
originally because now he's got this preservation area that he'll now
be allowed to build in in the wetland area that he'll be able to cover
up, so I'm sure he'll do just fine.
MR. BADAMTCHIAN: I -- I have two points to make: One,
when Mr. Nadeau was talking about 80 percent opacity, he was also
talking about the wall being behind the landscaping. So he was not
talking about 80 percent opacity without the wall.
Number two, this is an industrial park with outdoor storage. If
we don't have a wall, the individual lot owners -- they have to secure
what they have outside. They will build something. So we may not
get the wall, but the lush landscaping -- before you know it, we're
going to have chain-link fence or other --
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October 23, 2001
CHAIRMAN CARTER: No chain-link fence --
MR. BADAMTHCIAN: -- to secure the area.
And, No. 3, these lots may not sell in a row. And, you know, we
may end up having a wooden fence and a masonry wall, as
Commissioner Carter was proposing, which will still have this gap.
And as you well know, with the experience we had on Pine Ridge
Road and that gas station, that masonry wall needs to be built along
the entire road.
I understand there's a cost involved, but they were just saying
that they spent $2 million on mitigation costs just for 2 acres of
wetlands to be usable land. If that land is that valuable, I don't
understand the cost of whatever it is to build a masonry wall being a
major impact on what they are trying to develop here.
COMMISSIONER FIALA: Especially if they want to keep it
up to the stature that it sounds like it's being built. They want to
attract good customers. They would want the proper to -- property to
look good.
MR. BADAMTHCIAN: The interchange master plan talks
about interfeatures to the county with lush landscaping. It does not
talk landscaping along -- along 1-75 to buffer their properties from
the view of the motorists. It's only talking about landscaping feature
at the entrance to the county. It's basically at the interchange area
where if there's a ramp, we may have some landscaping in the future.
CHAIRMAN CARTER: Well, let me ask you a question on the
other side of this. Supposed it's denied unless the wall's there. What
is the developer's obligation, then, in terms of the other items I see
under 5.12 in terms of buffering, in terms of landscaping, in terms of
sidewalks, bike paths, water management facilities, etc.? Do those in
effect remain intact, or do we get compromised by our existing
standards where the developer, if you please, says --
MR. BADAMTHCIAN: Most of this language are existent in
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October 23, 2001
the old PUD document. And I don't think they really wanted to get
this thing denied because of the wall.
CHAIRMAN CARTER: Okay. All right. Just point of
clarification. Thank you, sir.
MR. NADEAU: Mr. Chairman--
CHAIRMAN CARTER: Yes.
MR. NADEAU: -- if I may, point of clarification for the
mitigation costs. I-- I believe Dr. Badamthcian said $2 million-- no,
no, it was three -- in excess of 300,000, not quite 2 million. MR. BADAMTHCIAN: Two million. Sorry.
MR. NADEAU: Also, the developer's representative would also
like a moment to speak.
The reason why we have such an issue with this wall is that the
Land Development Code nor the interchange master plan in any
instance requires a masonry wall, nowhere. There's no pictures of
masonry walls in the IMP or reference. There is reference to
enhanced, embellished landscaping. So there are fence requirements
in industrial zones where there's outside storage adjacent to
residential lands. But this isn't the case. So this is the own -- this is
the reason why we have such an issue. We have no problem with the
fence. We won't take -- we will exceed the requirements of the LDC.
We will comply with all of the provisions that will be adopted
through the IMP promulgation of the Land Development Code
amendments pursuant to the IMP, and with that I'll give that to Mr.
Loiacano.
MR. LOIACANO: One point, Commissioners. We have built
the building that backs up -- we're in the process of constructing a
building that backs up to White Lake Boulevard landfill access road.
During the course of the SDP and building permit approval and
review with Collier County, our building increased in cost by over
$60,000 through complying with the architectural review standards
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that the county wants to have enforced along this corridor. That's
acceptable to us, but the additional burden of placing a wall to then
hide the architectural embellishments from the public's view, it
doesn't seem like we should have an architecturally pleasing building
to the public and then hide it behind a wall. That's a double expense
that seems unnecessary, from our perspective.
CHAIRMAN CARTER: I have a little trouble with that
statement, sir. Because I was told two minutes ago you needed
security provisions, and now you're saying you're going to hide the
building with a wall. There's going to be a fence, wall, whatever is
decided here. So I don't find that -- I have trouble with that
reasoning.
Dr. Badamthcian, do you have any comments?
MR. BADAMTHCIAN: Just one thing. This is one of the
buildings that was recently approved. This is facing the internal road,
and I believe they don't have any drawing to show the back of it
facing 1-75 because they have overhead doors. Even though we
worked hard in trying to improve the look of the building, it's hard to
have an architecturally finished and nice-looking building when you
have overhead garage doors behind the truck wells.
And this is the -- this is the rear elevation. You have to just bear
in mind that this is the elevation drawing, and this top portion will not
be really visible. This is the, basically, front elevation parapet wall,
and what you will see is this. And I don't think it's -- and beside this,
you're going to have trucks parked here and outdoor storage added to
this.
COMMISSIONER HENNING: Chahram, is this architectural
standards --
MR. BADAMTHCIAN: It does not fling with the architectural
standards, of course. You cannot make a building with garage doors
to meet architectural standards. We have opening requirements,
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October 23, 2001
window requirements. And, no, this does not comply, and that's why
we are trying to hide it behind the wall.
COMMISSIONER HENNING: Just a little story. The county
is building a substation, sheriff substation, on Golden Gate Parkway.
And the back of that building faces Golden Gate Parkway, and so we
are having to put in windows. And behind the windows we're
building a wall for the safety of the deputies, drive-by-shootings-type
thing. So if the county needs to be -- step up and -- to the
architectural standards --
CHAIRMAN CARTER: We're doing due diligence; then I
think I understand where that -- that issue goes, and I thank you for
sharing that, Commissioner. Commissioner Fiala?
COMMISSIONER FIALA: I'd like to make a motion that we
follow staffs recommendations and approve this with an 8-foot wall
and the 25-foot outside landscape buffering.
MR. BADAMTHCIAN: If I may, we don't need all 20, 25 feet
of landscaping in front because they're going to have water retention
within it. Five to ten feet would be adequate. I mean, half of it's
going to be water retention, so we have 10 foot of landscaping really.
COMMISSIONER FIALA: Okay.
MR. BADAMTHCIAN: And from that-- 10 foot is fine. If not,
they can go -- our Land Development Code allows two -- I mean,
having a wall in the middle of that thing which means 5 feet of it can
be in front, 5 feet of it in behind the wall. It's up to you. We would
be happy if we got 5 feet in front of the wall. COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: If-- if you would just say
conditionally approved under staff stipulations, that would cover all
the staff's requirements and recommendations.
COMMISSIONER FIALA: I'd like to say it. I make the motion
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October 23,2001
that we approve this with staffs stipulations.
CHAIRMAN CARTER: Does that--
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Fiala. I have a second by Commissioner Coletta. Any questions by
members of the board?
MR. NADEAU: May I ask clarification, Mr. Chairman?
CHAIRMAN CARTER: Yes, sir.
MR. NADEAU: We would like to have the opportunity -- rather
than building a block wall, would it be -- would the board entertain
the option to allow the installation of a 8-foot concrete fence?
They're very nice looking. They're slated. They're modular. They're
easily maintained, and it's approximately one-third the cost of a block
wall.
COMMISSIONER HENNING: Do you have a picture?
MR. NADEAU: I do not. It was offered up by Mr. Andrea.
MR. BADAMTHCIAN: As this was called wood crate which
looked like wood but it's concrete. That's what the county has on
Vanderbilt Beach Road on both sides of the road. Probably that
would be acceptable. It's a concrete wall, and it's easy to maintain,
yes.
CHAIRMAN CARTER: Well, I'm familiar with that wall, yes.
MR. BADAMTHCIAN: Breaks easier than a masonry wall.
MR. NADEAU: And it also meanders easily, just for
clarification, easier than block.
COMMISSIONER HENNING: That still covers staff-- I mean,
whatever staff says.
CHAIRMAN CARTER: Covers staff.
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN CARTER: Before I call the motion, if there's no
further comments from the petitioner or from staff, I've got to close
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the public hearing, move we close the public hearing.
COMMISSIONER HENNING: So moved.
CHAIRMAN CARTER: So moved by Commissioner Henning.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: Seconded by Commissioner Coletta.
All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Okay. The hearing is closed. We
have a motion to accept this PUD based on staff's recommendations.
And any further discussion? (No response.)
CHAIRMAN CARTER: Hearing none, all in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign?
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
Thank you. All right. We are at the point where we go to --
we're going to go to lunch. That's what we're going to do, because
we are moving to an entirely new section-
Item # 10E
DONATION OF AMERICAN FLAG BANNERS FOR THE US41
EAST STREET LIGHT POLES - APPROVED
MR. OLLIFF: Mr. Chairman, before you go to lunch, I would
like to ask the board's indulgence to have the Mike McGee item,
which is on your regular agenda, heard so Mr. McGee, who is
making that donation, might be able to make his donation and go
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October 23, 2001
back to work.
CHAIRMAN CARTER: Well, okay. I'm sorry. Let's do that.
MR. OLLIFF: That is actually Item 10-E on your agenda, E as
in Edward.
CHAIRMAN CARTER: Okay. 10-E. All right. Request the
board to accept -- I'm sorry -- the American flags, etc., etc. Excuse
me, sir. I should have moved that up to take care of that.
COMMISSIONER MAC'KIE: Motion to approve.
CHAIRMAN CARTER: We have a motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER:
favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. Thank you.
Now we will adjourn for -- until 1 p.m., and we'll be back here
at that time. Thank you.
(A lunch break was held from 12:06 p.m. To 1:00.)
Second by Commissioner Fiala. All in
HALLOWEEN DATE AND HOUR SET
CHAIRMAN CARTER: Good afternoon, ladies and gentlemen.
Welcome back to the Board of County Commissioners' meeting.
You may think that you're not at the meeting, but you really are. We
are getting ready for halloween.
COMMISSIONER MAC'KIE: See, I had to leave. I just don't
fit in.
CHAIRMAN CARTER: You're right. You just don't fit in
anymore, Commissioner Mac'Kie. Boy, talking about having a bad
hair day. But now that I've got everybody's attention, the sheriff's
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October 23, 2001
office is recommending for Halloween dusk from 5:30 or 6 to 8 p.m.
On October 31st for trick or treating. That's 5:30 or 6 to 8 p.m. For
trick or treating if you're going to be out and about. So this is a
message from the sheriffs department. We hope all of you will
comply with this.
We as commissioners will do our best to behave ourselves and
not scare the little kids out in the street during this wonderful event.
This could be a magical picture, front page of the Naples Daily News.
"Your commissioners at work."
COMMISSIONER MAC'KIE: Right. Hard at work.
COMMISSIONER FIALA: Pam can take this picture with her
to show everyone.
CHAIRMAN CARTER: She will cherish it forever. Okay,
folks. If you miss this -- we'll send those back to the office. Oh, boy.
It's tough being a witch. That was with a "W" too.
Item #9A
RESOLUTION 2001-414 APPOINTING CAROLYN D. SPATTA
TO THE EMERGENCY MEDICAL SERVICES ADVISORY
COUNCIL - ADOPTED
Now, we're at Item No. 9, Board of County
Commissioners, 9-A, appointment of a member to the emergency
medical services advisory unit.
COMMISSIONER MAC'KIE: I move approval of the staff-- I
mean, of the committee recommendation.
MS. FILSON: Commissioner Mac'Kie, ifI may interject, even
though it says that applicant is from District 3 -- that's what I received
back from the elections office -- that applicant actually lives in
District 5, and the vacancy is for someone from District 3.
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October 23, 2001
COMMISSIONER MAC'KIE: How did you confirm that there
was an error?
MS. FILSON: Commissioner Henning brought it to my
attention, and I called the elections office to double check, and they
indicated that they did, indeed, live in District 3 -- 5.
COMMISSIONER HENNING: Thirty-five?
MS. FILSON: Five.
COMMISSIONER MAC'KIE: Well, then I withdraw my
motion.
CHAIRMAN CARTER: Okay. So that means we only have
one person that would be eligible at this point; is that correct, Ms.
Filson?
MS. FILSON: That's correct.
CHAIRMAN CARTER: Okay. And that would be --
COMMISSIONER HENNING: Carolyn D. Spatta.
CHAIRMAN CARTER: Spatta. Okay.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: If we can have a motion for Carolyn
D. Spatta.
COMMISSIONER MAC'KIE: Yes. He moved and I seconded
it.
CHAIRMAN CARTER: Okay. Commissioner Henning made
the motion. It's seconded by Commissioner Mac'Kie. All in favor
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
And then we have to readvertise to fill the other vacancy.
MS. FILSON: There was only one vacancy, and it was for
commission District 3.
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October 23,2001
CHAIRMAN CARTER:
right.
Item #9B
Oh, only one.
I see. Thank you. All
RESOLUTION 2001-415 APPOINTING ROGER SOMERVILLE
TO THE FOREST LAKES ROADWAY & DRAINAGE
ADVISORY COMMITTEE - ADOPTED
That takes us to Item 9-B, as in boy, appointment of member to
the Forest Lakes Roadway & Drainage Advisory Committee.
COMMISSIONER MAC'KIE: Any special news on this one?
MS. FILSON: No. There's one applicant.
COMMISSIONER MAC'KIE: In that case I'll move approval of
the one applicant for the one position.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, a second by Commissioner Coletta. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. Appointment of
members to the Historical/Archaeological Preservation Board.
Item #9C
RESOLUTION 2001-416 APPOINTING DIANE GONZALEZ AND
JOANNE QUINN TO THE HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD- ADOPTED WITH LIMITATIONS
ON TERMS WAIVED
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October 23,2001
COMMISSIONER MAC'KIE: I move the two applicants for
the two positions --
MS. FILSON: If I may interject --
COMMISSIONER MAC'KIE: -- and waive the timing
limitation.
MS. FILSON: Thank you.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, a second by Commissioner Fiala. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries.
Item #9D
RESOLUTION 2001-417 APPOINTING MEMBERS TO THE
WORKFORCE HOUSING ADVISORY COMMITTEE-
ADOPTED
We move to 9-D, appointment of members to the Workforce
Housing Advisory Committee.
COMMISSIONER MAC'KIE: There are more than ten
applicants. I just feel really strongly about a couple of people, ifI
could just mention those, and maybe we'll come up with a list. I
think Barbara Cacchione, David Ellis, Dave Carpenter, Joe Paterno,
Susan Golden.
COMMISSIONER HENNING: A couple?
COMMISSIONER MAC'KIE: It's an odd-shaped couple, but
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October 23,2001
yes.
COMMISSIONER FIALA: I went over the list as well, Pam. I
think we had 13 applicants, and of those we need 10. I tried to
compare what all positions we need to fill with the names that we had
submitted to us. There was one that I felt would be good. Her name
is Suzanne Orschell, and she's in banking, but I noticed on her
application that she said she would not be able to attend day
meetings. Are these usually -- are these meetings usually held in the
daytime?
COMMISSIONER HENNING: That's up to you.
COMMISSIONER FIALA: Oh, I see. No one else had that
problem.
COMMISSIONER MAC'KIE: So maybe we want to limit --
COMMISSIONER FIALA: I thought maybe what I would do is
ask her to be an alternate and then -- I omitted two names here and
took all of the rest. I put her as an alternate. I took all of the rest
except for Brian Settle and Bill West. I know that he's on a couple
other committees. He's just been appointed to a few others. So I
thought we could take the rest of them. Each one seems to be so
qualified.
COMMISSIONER COLETTA: Yes. One correction, though.
Marlo Valle is in District 5, not 3. No major thing. He's still an
excellent choice because he's very much involved with this subject
matter.
COMMISSIONER MAC'KIE: Then I'll second Commissioner
Fiala's motion.
COMMISSIONER HENNING: Correction. Joe Paterno lives
in District 3.
CHAIRMAN CARTER: Okay. So what we're doing is
approving the list with the exception of Mr. Bill West and Mr. Brian
Settle.
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October 23,2001
COMMISSIONER MAC'KIE: Uh-huh. And adding the one
lady, the banker, Orschell, as an alternate.
COMMISSIONER FIALA: Suzanne Orschell.
MS. FILSON: Actually -- I'm sorry -- there's no provision in the
ordinance for an alternate member. And, additionally, if you appoint
Mr. David Ellis and Mr. Mark Strain, that section of the ordinance
would have to be waived because they currently both serve on two
committees.
COMMISSIONER MAC'KIE: So would you eliminate --
MS. FILSON: Eliminate your alternate and add a provision
making an exception for West and Strain -- COMMISSIONER MAC'KIE: Yes.
MS. FILSON: -- and then add Commissioner Fiala as the
commissioner to the board, the liaison to the board.
COMMISSIONER MAC'KIE: Okay. We already voted on
that. The second agrees to that amendment.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Fiala. I have a second by Commissioner Mac'Kie.
Any discussion? All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5-0.
Item #9E
RESOLUTION 2001-418 APPOINTING MEMBERS TO THE
HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE-
ADOPTED ACCORDING TO THE EXECUTIVE SUMMARY
WITH THE EXCEPTION OF PETER IASCONO
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October 23,2001
Now, that takes us to the appointment of members to the Health
and Human Services Advisory Committee.
COMMISSIONER COLETTA: At this point we have 12
candidates for 14 positions. Every one of these 12 meets the
requirements of the committee. I would recommend that we appoint
all 12 that are here now. Go ahead, Susan.
MS. FILSON: I'm sorry. Actually, we have 14.
COMMISSIONER COLETTA: We do?
MS. FILSON: Of the 14 -- the health insurance industry, there
is only room for one of those.
COMMISSIONER COLETTA: That's correct.
MS. FILSON: Then I have readvertised for the two that I don't
have. I think Mr. Lee Ochs is getting names for the two that we do
not currently have.
CHAIRMAN CARTER: So on health industry we have to
choose between Mr. Wayne Sakamoto or Peter Iacono. MS. FILSON: Correct.
COMMISSIONER FIALA: You know, I don't know Peter
Iacono, but I know Wayne Sakamoto, and a more dedicated and
devoted guy I don't know. He's very, very familiar not only with the
health insurance industry. I've seen him on committees -- that's
where I met him -- committee after committee, but he also sells
health insurance, so I would recommend him, if you don't have a
preference.
COMMISSIONER COLETTA: I have no preference, and I
appreciate your input on that. I amend my motion to include Wayne
and to eliminate Peter from this particular list, and that will give us
14.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Okay. The second amends that. Okay.
A motion was made by Commissioner Coletta, a second by
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October 23, 2001
Commissioner Mac'Kie.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
All in favor signify by saying aye.
Opposed by the same sign.
Motion carries 5-0.
Item #9F
COMMISSIONER COLETTA APPOINTED AS PRIMARY AND
COMMISSIONER HENNING AS ALTERNATE TO SERVE ON
THE CANVASSING BOARD FOR YEAR 2002- APPOINTED
COMMISSIONER COLETTA: One additional note is it says
we also are recommending one county commissioner --
COMMISSIONER FIALA: That's you.
COMMISSIONER COLETTA: -- and that's me.
CHAIRMAN CARTER: Right.
COMMISSIONER MAC'KIE: I think we did that already.
CHAIRMAN CARTER: I think we did that some time ago.
COMMISSIONER COLETTA: I thought so too.
CHAIRMAN CARTER: If we didn't, we'll just affirm that --
COMMISSIONER FIALA: Just for the record.
CHAIRMAN CARTER: -- you are the person.
Okay. That takes us to the question about who will serve with
the supervisor of elections on what's called a canvassing board
workshop. With Commissioner Mac'Kie leaving -- and even if she
wasn't leaving, she would not have been elgible and neither would I
because we're both up for re-election in 2002. Neither one of us can
serve in that position.
COMMISSIONER FIALA: What does this position do, or what
is required?
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October 23,2001
MS. FILSON: This is normally the chairman and the vice
chairman as the alternate or whoever you delegate. They have
scheduled this class sometime in February, and they want to pay for it
now. They will pay for the two commissioners to attend the class,
but you will be responsible for your travel and your accommodations.
CHAIRMAN CARTER: I was going to say that the three new
commissioners -- two of the three can just have that day.
COMMISSIONER MAC'KIE: And, Mr. Weigel, those
accommodations and travel are something that the county will
reimburse for?
MR. WEIGEL: Oh, absolutely. In fact, the county attorney is
going to do the same thing.
COMMISSIONER COLETTA: I checked my schedule and it's
available, if that would be the interest of this board.
CHAIRMAN CARTER: That sounds like a volunteer to me.
That's one.
COMMISSIONER HENNING: I make a motion -- there's two
of them?
COMMISSIONER MAC'KIE: Two, yeah.
COMMISSIONER HENNING: I served on it before, and I
would be willing to throw my hat in.
CHAIRMAN CARTER: Okay. So we have Commissioner
Coletta and Commissioner Henning.
COMMISSIONER MAC'KIE: Coletta is the primary and
Henning is the alternate? Is that the way you guys want it?
MS. FILSON: Okay. But they do want both commissioners to
attend the class.
CHAIRMAN CARTER: Right.
COMMISSIONER FIALA: I second that.
CHAIRMAN CARTER: We don't need a motion. It just says
that we do our business here and in the sunshine as always, and
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October 23, 2001
everybody gets that chance to have that discussion. Well, thank you.
Thank you, commissioners, for volunteering to do that for us.
COMMISSIONER MAC'KIE: It's fun duty.
CHAIRMAN CARTER: It really is. It's an interesting experience.
Commissioner Henning has been there before, and I've been there.
You'll have a little fun with that. That takes us to G, I believe, 16-1-1.
Item #9G
REQUEST FOR PAYMENT TO ATTEND LAKE TRAFFORD'S
NEW BEGINNING CELEBRATION DINNER- APPROVED
COMMISSIONER MAC'KIE: Which is which item?
COMMISSIONER HENNING: Oh, that's the one I pulled.
MR. MUDD: It's 16-1-1. It has to do with Lake Trafford.
COMMISSIONER HENNING: It's the Lake Trafford
dedication or celebration dinner. I'd just like to put my name on that
list.
COMMISSIONER MAC'KIE: I think actually, just for
clarification, the way we've historically done this is once a public
purpose is declared -- you know, it may be me that puts it on there
with my name, but the actual vote is the declaration of a public
purpose, and then anybody can join in.
COMMISSIONER HENNING: Gotcha. Motion to approve.
CHAIRMAN CARTER: Okay.
COMMISSIONER FIALA: Can I ask --
CHAIRMAN CARTER: Sure.
COMMISSIONER FIALA: I'd like to put my name in too.
CHAIRMAN CARTER: You don't have to.
COMMISSIONER MAC'KIE: You don't have to do that.
CHAIRMAN CARTER: You're on it.
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October 23, 2001
COMMISSIONER FIALA: We're already done, huh?
CHAIRMAN CARTER: That's all it takes. Okay. I have a
motion to approve by Commissioner Henning. COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Coletta. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
Thank you. Any and all may now go and attend this super
event.
COMMISSIONER MAC'KIE: I'll be there, too, just not on the
county dole.
CHAIRMAN CARTER: That's all right. You can come over
and -- county dole. Come on.
COMMISSIONER MAC'KIE: Maybe on the state dole, I'm
hoping.
CHAIRMAN CARTER: That's what happens as they exit out.
Boy, they really --
COMMISSIONER MAC'KIE: Get an attitude.
CHAIRMAN CARTER: -- get an attitude. I'm trying to get the
quivers out of my side.
Item # 10A
PRESENTATION OF CAPITAL PROJECT TRACKING MODEL
FOR COUNTY PROJECTS - PRESENTED
Anyhow, we're going to Section 10, county manager's report.
We have a presentation under A, capital project tracking model for
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October 23,2001
county projects.
MR. WIDES: Commissioners, good afternoon. For the record,
Tom Wides, interim public utilities administrator. I would like to
spend a few minutes with you this afternoon talking about a project
we've been working on among county staff. It's based on what I call
a vision that Tom Olliff, our county manager, had recognized back
early on in the calendar year 2001. His request of us as a team was to
go out and develop a model that would, in fact, track approximately
$400 million of capital projects.
In fact, in doing that we set ourselves a mission, and you can
pretty much see what our mission was. We knew we had a
tremendous amount of capital expenditures being tracked, projects
being tracked across the county. We also knew that, in fact, within
the divisions there were multiple ways of tracking that information.
Everyone had pretty much developed their own methodologies in
tracking what was basically working for them, but there was really no
comprehensive look across the county.
So what we did is we put an interdivisional team together, and in
a relatively short period of time we set out to, in fact, develop a
model of something that could be used throughout the county and be
kind of a one-stop -- if I may, a one-stop shopping place to look for
information on expenditures. Again, we were looking for something
that could be useable to the broader audience. It would be concise. It
would be structured. It would be very, very user friendly.
In fact, what does the system do? In its simplest form, it tracks
budget versus actual cost of performance on capital projects. Again,
these would be projects that are active in the current fiscal year.
These are the ones that we're focused on, but we're also bringing
across with it information from prior period expenditures for projects
that mn over multiple years.
Currently the model is active. It is out on one of the county
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October 23,2001
network drives. It is available to be utilized. It provides an addition
to just financial information. It provides project descriptions and
current project statuses which includes things as target dates for
completion, descriptions about the project, where the project is in its
life cycle, and also will give in many cases a visual presentation,
whether it might be a map or some other type of location that can
help you visualize it.
It also comes with navigation instructions and, again, the
primary tools are basically Excel -- Microsoft Excel and Microsoft
Word, but it comes with navigation instructions to be used by, at this
point in time, any county staff or any of your staff members also to
be able to visualize information on the projects.
A little bit more about that. Because we used the formats we
did, there's a great deal of flexibility in viewing the information. It's
not fixed data that you can only look at from one point of view. It
can be sorted by areas such as by project or by specific project
number. It can be sorted by commissioner district. That's one piece
of functionality that we're putting in place right now. Literally, you
can look down all the projects by division. You can see what's
happening literally across the county projects.
Again, as I noted, because we've used Microsoft Excel as a
spreadsheet document -- it's a generally accepted tool throughout the
county, so it's generally got the widest audience in terms of usage.
The same thing I can say for Microsoft Word. Again, for more
discussions such as prose-type verbal discussion, again the Microsoft
Word tool is a very easy format to operate in and, again, is widely in
use across the county.
The other thing I might note is that we have a system, a model in
place now, but we also recognize that with our user group, our
audience, which will include you and your staff, we are looking to
see what improvements are best made to the product we have now.
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October 23,2001
As with any product, I would like to say our team members are very
proud of what we did do, but we also realize we only have a tool that
can be enhanced further. Of course, that's a matter of prioritizing
time and resources. But we think we can make it a better product as
we go along.
What is a little bit -- well, frankly, probably very difficult for
you to see today, and you might be able to see it on your screens. Let
me see if I can bring this in a little bit. There are two documents.
One is the capital project tracking report, and we've picked out one
project here, which is a facilities management project, which will
show us financial expenditures for the projects across its life cycle.
There's prior-year expenditures, current-year budget, and actual
expenditures and some forecast for the year to come. On the very far
right-hand side, there is "capability." Just click on that, and it will
draw you down to a more descriptive version of what the project is.
Again, approximately $400 million in capital expenditures and
approximately 400 capital projects.
This also will be a little bit difficult for you today. We thought
we could give you some idea. This is one capital project that we're
tracking as the kind of information that's available; the project title,
the commissioner districts that might be affected, the capital project
description, and various projects start and finish dates. And, also, as
you see at the very bottom, there's literally a pictorial view of the area
being affected by this project.
Finally, what I would like to note to you today is that in terms of
interdivisional support, the team got started in approximately mid
July. We completed our activities in a sort cycle time by the end of
September and put this product in place. In fact, what you'll see here
is that the team members were made up of folks from information
technology, Mike Berios, Chuck Carrington from real property,
James Fitzek from parks and rec, Sharon Newman from the
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October 23,2001
transportation division, Bob Pierce from facilities management,
Susan Usher from the office of management and budgets and, of
course, Tom Wides from public utilities.
What cannot be left unsaid is that we were able to put the model
in place, but divisional support across the county are involved in an
ongoing update effort. We're able to put the financial data in the
system by downloading the information, but there's a good bit of
analysis and descriptive information that needs to go in and does go
in on an ongoing basis by the divisional staff.
Our intent and capability is to update the financial information
on a monthly basis, and we will be updating any verbal discussion
status on a quarterly basis. That's our intent right now. As a team we
are very capable at this point in time, based on your interest, to spend
time with you or your staffs. It's probably about a half-hour
discussion to bring you up to speed on how to navigate through the
system.
Thank you. Are there any questions that I could entertain?
CHAIRMAN CARTER: Questions by commissioners.
COMMISSIONER HENNING: Any fiscal attachment to this
project?
MR. WIDES: The fiscal cost of the project --
COMMISSIONER HENNING: Yes.
MR. WIDES: -- was, in fact, at this point in time confined to
hours of time from the IT group. There was no external cost
whatsoever. And also the time of the members of the team itself. So
to answer your question, the cost was at this point relatively minimal,
except it did take staff time.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: It was the expense to get us into a
model that tells us where we are, when we need to know, and how we
need to know, and easy access to the public who wants to track it.
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October 23,2001
MR. WIDES: At this point in time, again, it is confined to the
drives within the county, and one of our logical next steps would be
to gain access through you folks to the outside.
CHAIRMAN CARTER: All right. Any other questions by
commissioners?
MR. OLLIFF: Mr. Chairman, I just need to take a moment to
say thank you to that committee. I will tell you I was on their backs
hard from July to now in order to get a product that was up and ready
to go by fiscal year '02. And they flat busted it to get it done, and
they did a tremendous job. I can't tell you how sophisticated a
spreadsheet they have developed for you. You've got over 400
capital projects now with automatic financial uploads from the
finance system every month that we can track at any given time, and
we will be happy to be able to sit down and show you how you can
get direct access to that information or your staffs can for you, and
we can sort it any number of ways so that it is actually a very useful
management tool for us as well.
I'll tell you that from our management office's perspective, this
is the first of a major two-part effort of ours. We're call this CAPS
track. The second half is the OPS track. Obviously, a portion of that
is a little more akin to a modified performance-based budgeting
system where we are going to be developing department by
department and probably down to the section level some key
measurements that we can keep track of for you so that you will
know that if these primary-type statistics are being managed,
watched, and done well by the departments and that we've got a
pretty good handle on what that department is doing operationally.
We envision having a full management team review of each of
every department's CAPS and OPS track reports on a quarterly basis
so that we are then tracking how this organization is doing on a
much, much better basis for you and providing some reporting for
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you so that you feel a little more confident about where we are each
and every day. My hats off to Tom Wides and his entire group.
They did a tremendous job for you, and we'll show you some detail
later outside of the board meeting.
CHAIRMAN CARTER: Again, thank you, Mr. Olliff. Thank
you, staff. All of the chief executives out there who watch this will
be applauding what we're doing because those who have been
involved in management understand how important of a tool this is
for any organization, and you are bringing us into the 21st century.
Thank you.
MR. WIDES: Thank you.
COMMISSIONER COLETTA: Thank you, Mr. Wides.
CHAIRMAN CARTER: All right. The next item will be 10,
county manager's report. We've had a -- 10-A, I'm sorry. We've
done that already --
COMMISSIONER COLETTA: 10-C.
CHAIRMAN CARTER: -- the county projects. Thank you.
Item # 10C
RESOLUTION 2001-420 AUTHORIZING A ONE WEEK FUND
RAISING PROGRAM DURING THE WEEK BEGINNING WITH
VETERAN'S DAY- ADOPTED AND CAT FEES WAIVED
We are at 10-C. I'm sorry.
MR. OLLIFF: Mr. Chairman, this is actually an idea that
bubbled up from your CAT employees. Their original idea as
proposed was that we set aside one day of fare box collections that
we could provide to the American Red Cross perhaps as a donation to
the September 1 lth effort. We, frankly, took their idea and expanded
it a bit and are presenting to you a modified version of their request
that the week of Veteran's Day your staff would like to do a donation
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fund-raising drive throughout most of the county departments and
major public locations.
Mr. Feder has suggested that in conjunction with that we might
want to waive the fees for a single day on the CAT system to provide
an opportunity, one, to publicize the system a little bit, but also then
to have donation boxes located in each of the buses as we travel to try
and raise some additional monies in conjunction with awareness of
the CAT program.
But with your concurrence we would like to be allowed to be
able to collect some money. For the public's assurance, we'll run all
of those funds through your office of management and budget for a
final accounting of all the funds collected, and we'll provide a public
report of all those monies that were actually forwarded to the
American Red Cross should the board approve this request.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Mac'Kie, a second by Commissioner Fiala. Any discussion? (No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries 5-0. Thank you, Tom.
I think it's great. Compliment the CAT employees for the idea for
bringing this forward. I think it's a great contribution to the
community, and we will do due financial diligence in conjunction
with the clerks so that everything is accounted for and we make sure
it gets to the right place. Okay.
Item #1 OD
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RESOLUTION 2001-419 RELATING TO THE COUNTY
INCENTIVE GRANT PROGRAM (CIGP), CHAPTER 339.2817
OF THE FLORIDA STATUTES - ADOPTED
That moves us to Item D, 10-D, Mr. Feder.
MR. FEDER: Mr. Chairman, board members, for the record,
Norman Feder, transportation administrator. This item is to request
that the board pass a resolution and provide authorization for the
chairman to distribute that resolution to the Regional Planning
Council, to other counties in this area, as well as to legislative
delegation and to bring it up as part of our items at the legislative
delegation.
Essentially, as you're aware, we have received funds from the
state under the county incentive grant program for Livingston Road
improvements. We received funds for the Phase II and Phase III in
2001 and 2002 respectively. In 2003 we were to be awarded 3.6
million. They went through the applications and determined that ours
is one that they would fund. They came here, as a matter of fact, and
presented a marked check, if you will. Given, though, the revenue
shortfalls that the state is experiencing, there is an orientation where
the department is not presenting forward to the governor's budget
request any of the county incentive grant program funding.
The first three years of that program were based on, quote,
surplus state revenue. At the time that they passed that in 2000, there
was a surplus in state revenue. The first three years were to be
funded out of that surplus. The fifth year was the beginning of a year
where they were going to fund it out of proceeds that the Department
of Revenue is collecting for collection and redistribution of local
option gas taxes. Right now the Department of Revenue charges 7
percent for that collection and redistribution. They were going to
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October 23, 2001
reduce that to 3 using 4 percent to basically fund the county incentive
grant program.
What the resolution says specifically is find a way to fund your
commitments that you made for 2003, in particular funding $3.6
million for Livingston Phase IV. If you need to utilize that 4 cents
from the local option gas tax fund the Department of Revenue is
taking, use that to fund it in 2003. But in any event, unless you come
up with a different funding process, do not maintain the program such
that you use local government funds, 7 percent of the local
government option gas tax collections to DOR and 4 percent of that
used to fund the program where we have to compete, again, after our
own funds. It make little sense when the issue is either a state
highway system improvement or one that relieves the state system
that gets funded out of proceeds of our own local option gas taxes.
So we are saying, first of all, fund fiscal year '03 and the
commitment you made, $3.6 million for Livingston Phase IV.
Second, we're saying find a different funding source to maintain the
program. In lieu of that, basically, repeal the program, the county
intensive grant program, and only have the Department of Revenue
charge 3 percent rather than 7 percent, allowing the other 4 percent to
come back to the county where it's warranted.
COMMISSIONER HENNING: Motion to approve the
resolution.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Henning. I have a second by Commissioner Mac'Kie. Any
discussion?
(No response.)
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
All in favor signify by saying aye.
Opposed by the same sign.
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October 23, 2001
(No response.)
CHAIRMAN CARTER: Motion carries 5-0.
Item #1 OH
THIRD AMENDMENT TO THE 2001 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE TOURISM
ALLIANCE OF COLLIER COUNTY FOR THE DISASTER
RECOVERY MARKETING PLAN- APPROVED
As Mr. Feder knows, as I communicated with his board, I have
had this discussion with Representative Goodlette. He is very much
in tune with what we're proposing for the near term and the long
term. So it's already beginning to make its way forward, and we'll
just continue to emphasize that. We also at the Regional Planning
Council advised them of the position we're taking and how we are
doing it, and they were most interested and have asked for copies of
how we're handling it. It looks like we'll get a lot of support there.
All right. Then to the subject of the day, the one everybody's
been waiting for with bated breath, we go down to the item about the
request for financial assistance, emergency funding, TDC.
Ms. Eichorn.
MS. EICHORN: Good afternoon, Commissioners.
For the record, Jane Eichorn, TDC coordinator. Before you you
have a request from the tourism alliance for $500,000 to do some --
to get a jump start on advertising since the September 1 lth disaster.
We are currently going to amend the budget before you to reflect
$250,000 for the television portion of it to come out of the disaster
request -- disaster recovery fund, the balance of the request to come
out of the current FY02 budget. So it would be $250,000 coming out
of the FY02 budget that has already been approved and $250,000
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October 23,2001
coming from the disaster recovery fund which will cover the
television portion of it.
CHAIRMAN CARTER: So emergency funds receive the
balance?
MS. EICHORN:
the disaster recovery.
We have one point -- we have $1,055,000 in
So it would be approximately seven hundred
and eighty thousand or ninety thousand dollars in disaster recovery.
We have $1.5 million in the FY02 budget for the tourism alliance to
do advertising and promotions.
CHAIRMAN CARTER: So what's the grand total here?
MS. EICHORN: The grand total is $500,000; 250,000 from the
current budget and 250,000 from disaster recovery.
CHAIRMAN CARTER: Okay. And the monies will be utilized
specifically for--
MS. EICHORN: There's an Exhibit B attached to your packet
which will identify it. Television -- 250,000 for TV. There's $65,000
for internet; 50,000 for meetings and incentive travel; $55,000 for the
Florida Drive market campaign; and $80,000 for the production to
create the media for the television and the radio. There is a radio
campaign in there also. That would be the drive market. Kathy
Prutos is here if you have any questions from the tourism alliance.
CHAIRMAN CARTER: And we have a public speaker, Ms.
Filson?
MS. FILSON: We do, and it is Kathy Prutos.
CHAIRMAN CARTER: Members of the commission, do you
have questions of Miss Prutos?
COMMISSIONER HENNING: Just a clarification. Is it true
that we're able to receive matching funds for the marketing on TV?
MS. EICHORN: Visit Florida.
COMMISSIONER HENNING: Visit Florida?
MS. EICHORN' $250,000.
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October 23, 2001
COMMISSIONER HENNING: So they're going to put in an
additional $250,000, so we're looking at getting that extra money for
advertising Southwest Florida.
MS. EICHORN: For us to put in $250,000 and they will match
the $250,000. They will leverage our money with their money for a
total of 500,000 for the television portion.
COMMISSIONER HENNING: Do we have any way to
measure the results of this advertising?
MS. PRUTOS: Good afternoon, Commissioners. My name is
Kathy Prutos. I'm president of the tourism alliance. Yes, all the
marketing tactics that we're recommending for this emergency
marketing fund are trackable and measurable. This particular
television campaign is called a PITV. It's a per-inquiry television
campaign that will be matched dollar for dollar with the state agency,
Visit Florida. We are earmarking 26,000 inquiries, so our television
campaign will continue to run in the markets as outlined in Exhibit B
until we reach that 26,000 inquiries.
COMMISSIONER HENNING: Is it possible that the Board of
Commissioners could get a report on the measurable -- measurability
of that result from marketing?
MS. PRUTOS: Absolutely. One of the reasons, again, that we
chose television is not only it's the most widespread and effective --
cost-effective use of our dollars, but also it's something we can
measure by the hour, by the day, and provide those reports
immediately.
CHAIRMAN CARTER: Do we have available from the
industry here in Collier County how they have reallocated their funds
as they've gone through this, particularly since September 1 lth, to
address all of our concerns?
MS. PRUTOS: Yes, sir, we do. As a matter of fact, we have
polled not only the 87 accommodations of participants in the tourism
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October 23,2001
alliance, but also our partners in the restaurant association, our
partners in the rental car business, our partners in the attraction
business. Based upon a telephone survey, hotel industry reports, and
what the airport is providing for us, we are aware of over $2 million
in marketing efforts that are taking place over the next 60 days from
the private-industry sector. Depending upon the property, depending
upon the attraction, depending upon the business or service, they are
all looking at different marketing methods in which to bring tourists
here to Collier County.
CHAIRMAN CARTER: Okay.
questions? Commissioner Fiala.
Thank you. Any other
COMMISSIONER FIALA: Yes. I understand you're focusing
mainly on the drive market within Florida. Is that what you're doing?
MS. PRUTOS: A portion of the television advertising, yes, will
go to the drive markets here in the State of Florida as identified in
Exhibit B to be supported by a radio campaign to those drive
markets. We will also participate in national advertising on cable
networks, again, co-opting our dollars with Visit Florida as well as
spot market television based upon our research to our key origin
markets.
CHAIRMAN CARTER: I understand an emphasis will be on
east of the Mississippi where we have the highest percentage of
opportunities to attract and bring people here. Commissioner Coletta.
COMMISSIONER COLETTA: What do we have left as far as
reserves after this money is spent?
MS. PRUTOS: As Miss Eichorn just indicated, in the reserves
there's $1,055,000, and the staff is recommending a quarter of a
million dollars would be used for this emergency marketing
campaign. So if my math is correct, approximately $800,000.
COMMISSIONER COLETTA: So we still have a reserve if we
need it for another contingency down the road.
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October 23,2001
MS. PRUTOS: Absolutely.
CHAIRMAN CARTER: And how do we -- and this question is
not to you, Miss Prutos, but to staff.
Do we replenish part of this each year-- MS. EICHORN: Yes.
CHAIRMAN CARTER: -- if I understand it correctly.
MS. EICHORN: If we use a portion of the funding, the next
fiscal year we budget. We budget to go back up to the $1,055,000 to
bring it back up to where it was.
CHAIRMAN CARTER: Well, we'll have all those discussions
as we move into the next year to see that that fund is refurbished and
that it continues with our efforts.
MS. EICHORN: Commissioners, I do need to let you know that
the $250,000 will be contingent on if you approve it. We'll call a
special TDC meeting because that has not gone before the TDC. So
we will call a special TDC meeting to let them know how the money
is going to be spent and get their recommendations.
CHAIRMAN CARTER: Thank you. Commissioners, also, I
think perhaps you've seen the monthly update of the TDC that comes
through, and as I was looking through it this weekend, I think it looks
like we're about 1999 levels in terms of where we see this working
out. That might be a good benchmark for all of us to think about.
MS. EICHORN: The statistical information that you do have in
front of you that I sent to your office is a month behind, so the
September numbers which show, I think, a negative .84 is actually for
August. I will have September's numbers in in about two weeks from
the tax collector's office, and then I'll be letting all of you know what
those numbers were for the month of September.
CHAIRMAN CARTER: That will probably be our first marker,
and then even more important to me what happens in November,
December -- October, November, December. When we get those
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October 23, 2001
numbers in, I think we're going to have a much better idea of how
this is impacted, and then we'll see what happens through the course
of season. I guess what I'm gaining and learning from our people in
the resort and tourism business is this year is going to have, as we all
know, some real bumps, but they're looking forward to the future in
terms of how we do everything from image marketing to very direct
measured pinpointed ways that we attract people to Collier County.
So, remember, it's our No. 1 industry, and we can't shortchange
it. And when times are bad, the worse mistake anybody can make is
to cut your advertising and marketing budget. If there's any time that
you have to beef it up a few degrees, that's the time. MS. EICHORN: Absolutely.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion to approve by
Commissioner Mac'Kie. I have a pair of seconds from
Commissioners Henning and Fiala. Any further discussion?
(No response.)
CHAIRMAN CARTER:
saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MS. EICHORN:
Hearing none, all in favor signify by
Opposed by the same sign.
Motion carries 5-0.
Thank you, Commissioners.
Thank you.
Item # 10I
CHAIRMAN TO SEND LETTERS TO LEGISLATIVE
DELEGATION OPPOS1NG AN INCREASE IN THE COUNTY
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October 23, 2001
PORTION OF MEDICAID NURSING HOME AND HOSPITAL
COSTS - APPROVED
CHAIRMAN CARTER: We are now at Item I as in island.
These are letters to the legislative delegation proposing county
increases of Medicare, nursing home, and hospital costs. I believe we
have a draft letter somewhere that I can't put my hands on at this
moment, but I can -- I'm trying to highlight here --
COMMISSIONER HENNING: I'll make a motion to approve
while we're looking for it.
CHAIRMAN CARTER: Okay. Do I have a second to that?
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a second from Commissioner
Fiala. Essentially where we are -- and I don't have a copy right in
front of me, but what it's telling us is there have already been two
major proposals -- one out of the Senate and one out of the House --
which would really affect the Medicaid participation in this program.
The house was looking at us biting the bullet here for -- the house is
proposing a shift. These are cost shifts for our listening audience.
Cost shifts mean we want to keep the program, but the state level
says we want to shift the cost to the counties. That means all of us in
Collier County have a great opportunity here to pay for something
that is really a state-mandated program. It's not that we don't agree
that it needs to be done, but we're disturbed that that cost gets shifted
to us.
The house has proposed a shift of $36.6 million which affects
the Medicaid nursing-home care costs for the current year.
Remember, this is the fiscal year starting July 1 through June 30 and,
you know, that's a big chunk. And if we look down as to -- the
Senate, I believe, has got an equal number in there that being either
heavier or lower. Either one of them are bad news. So if you want to
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October 23, 2001
flip in here and see how it affects Collier County -- just for your
edification, what's on the table today would effect us -- on the basis
of 2002, that shift downward to Collier would be $326,874. And if
we look at -- that's the House version. If we look at the year 2002
and 2003, that would be $435,832. You can see how that would
impact our ad valorem taxes. And then look at the Senate proposal,
which happens to be less at this point but still substantial, eighty-nine
eight and this fiscal year at a hundred seventy-nine six in the one
coming up.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: That's why we're doing it, and with
your permission I will be sending a letter to the delegation, to
everybody and anybody that we need to cover along with our
lobbyists saying that we're just vehemently opposed to this happening
to us for obvious reasons.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CARTER: Okay. We have a motion. We have a
second. I think we had a motion by Commissioner Henning, and then
we had a pair of seconds down here. Is there any further discussion?
(No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries. I will continue the
battle with the state legislature.
COMMISSIONER HENNING: Thank you for bringing that to
the board, Dr. Carter. I think it's well worthwhile to send a strong
message up to Tallahassee.
CHAIRMAN CARTER: Well, thank you, Commissioner
Henning. We are constantly working on this. I mean, our staffs are
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October 23, 2001
really dedicated to this, those of us who are interacting with the
delegations. I spent a lot of time myself on this as the chair and the
responsibility of the chair to keep us front and center on these issues.
I must also say that in -- I believe, it's in Tallahassee on Friday
that we're going back in front of the TOPS program again, and this is
the final hearing and final rank ordering. We will have a delegation
from Collier going up there to deal with this issue. We're going to do
everything we can in regard to Golden Gate four-laning and the
opportunity for the interchange. It's about $9.1 million or $9.9
million that we're trying to get. There's over 28 million that's been
proposed out of the southwest district. We're in there fighting hard to
see if we can't get ours recognized in a budget of $91.5 million
available. There's 700 million in requests throughout the State of
Florida.
So it may seem like insurmountable odds, but that's never
deterred us. We've been in Orlando once, our team. We're going to
Tallahassee. We just don't give up. Never give up. Never, never
give up, to quote the great Winston Churchill, and that's where you're
going to find us.
All right. That takes us to -- have I covered everything in these
agenda changes?
MR. OLLIFF: Uh-huh.
Item #15
STAFF COMMUNICATIONS
CHAIRMAN CARTER: All right. Let me go to staff and
commission general communications unless there's other items.
I all right, Miss Filson?
MS. FILSON: Yes.
Am
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October 23,2001
CHAIRMAN CARTER: Mr. Weigel.
MR. WEIGEL: Thank you. I want to say that I certainly
enjoyed working with Commissioner Mac'Kie for several years, and I
want to say thank you and praise her efforts on the acquisition
approved today for the Barefoot Beach parcel. It gave an opportunity
for a couple of attorneys in our office that hadn't worked with an
individual commissioner, in this case Ms. Mac'Kie, to work with her.
I enjoyed receiving the reports back of how things went. Again, it's
been a real pleasure, Ms. Mac'Kie.
COMMISSIONER MAC'KIE: Thank you.
MR. WEIGEL: I wish you well ahead.
COMMISSIONER MAC'KIE: Thank you so much.
CHAIRMAN CARTER: Mr. Mudd and Mr. Olliff.
MR. OLLIFF: A couple of small things,
Mr. Chairman. One, we had gotten a request from the taxpayers
action group asking whether or not we would consider broadcasting
their upcoming Monday evening 1029 meeting where they are going
to be discussing, I think, amongst other things in particular the half-
penny referendum.
CHAIRMAN CARTER: Just their group?
MR. OLLIFF: Just their group.
COMMISSIONER MAC'KIE: Two sides of the story maybe,
but not just one side.
MR. OLLIFF: Well, the only time that we have done anything
that was non-county oriented was when the board authorized us to
broadcast the single two-day meeting of the Hispanic forum that was
presented by Victor Valdes. But other than that everything that's
been on the channel has been county government oriented. And
before that was ever approved or anything, I wanted to make sure that
you had an opportunity to know the request was out there.
Secondly, I think regardless of the decision on that, I think I
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October 23,2001
would like some direction from the board to develop a policy in that
regard because I see this is a trend where any and all groups are going
to start to want access to Channel 54, and I think we need some
board-approved guidelines in terms of who has access to that channel
and who shouldn't have access.
COMMISSIONER HENNING: I think they just want to explain
their side of the story for the resolution -- the referendum. There's
always two sides to the story. Commissioner Mac'Kie made a
comment that there's always two sides to the story. If it is something
that it is a debate, I think it's great to have it. If they're only looking
to put one side on, I don't think it's appropriate.
COMMISSIONER COLETTA: I agree with you.
COMMISSIONER HENNING: It's really -- I don't think we
really need to take action of trying to create an ordinance saying that
nobody can use our public channel, because we might find something
that the board deems appropriate for Channel 54.
CHAIRMAN CARTER: I think what we're asking for is a
policy of guidelines, at least that's what I understood the request to
be. Commissioner Fiala.
COMMISSIONER FIALA: Yes. Just to augment what Tom
just said, I would think that if any group -- I don't care who they are
-- is just giving one side to be on Channel 54, it would look like we're
endorsing one side of whatever issue it might be at the time, whether
it be this year or next year, so I would want to look at that and make
sure that whatever is being presented on Channel 54 is giving both
sides to any issue.
CHAIRMAN CARTER: You're back to the old public-access
question that's always out there. Who controls what goes on there?
Who makes the judgments? What is First Amendment rights? What
isn't? I mean, it gets to be a slippery slope that I don't want to be on.
COMMISSIONER COLETTA: I just want to point out that we
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October 23,2001
have a couple debates already scheduled with the public.
CHAIRMAN CARTER: We have one tonight, as a matter of
fact.
COMMISSIONER COLETTA: That's correct. There's every
opportunity for the public to be able to participate. I, for one, am not
for a one-sided presentation without someone to be able to counter
and be able to offer both sides of the story.
CHAIRMAN CARTER: Well, you'll hear both sides today.
Dick Lydon is for Keeping Collier Moving and Ty Agoston for the
TAG group. We're going to have their face-off up in North Collier
tonight. The Registry or the Ritz? I think it's the Registry. MR. OLLIFF: It's the Ritz-Carlton.
CHAIRMAN CARTER: The Ritz-Carlton. Ladies and
gentlemen, it's the Ritz-Carlton. You might want to get there early
and make sure you get a good seat. I think it's seven o'clock.
Personally, I wouldn't miss it for the world. I'm going to have an
opportunity to hear that debate tonight. So if you're interested, it's the
Ritz-Carlton tonight, 7 p.m., you will get the face-off of TAG and
Keep Collier Moving.
COMMISSIONER FIALA: Isn't there another one with the
Chamber of Commerce?
COMMISSIONER COLETTA: I believe it's with Tiger Bay.
CHAIRMAN CARTER: Tiger Bay, right. Again, I think you
have both of the same people doing the face-off in front of Tiger Bay.
COMMISSIONER FIALA: No. This one I'm thinking of is the
Chamber at the Telford Center, but I don't know.
COMMISSIONER COLETTA: That's a presentation.
MR. OLLIFF: There's so many meetings, we've had to develop
a separate calendar to keep up. There is one meeting this evening
that I think is not only just the Chamber, but I think it's the CBIA, the
board of realtors, and a number of others that have gathered and
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October 23, 2001
asked for a presentation. That is strictly a presentation tonight, 5:30
to 6:30, at the Telford Center. The debate is taking place this evening
at 7:30 at the Ritz-Carlton. Then there is a Tiger Bay meeting, which
is either the 30th or 31 st. I'm not sure which of those two days. But it
is next week at some point at the Elks Lodge, and it will be a debate
format. My understanding is it's Councilperson Fred Tarrant who
will be on one side of the issue and, I believe, Dick Lydon from the
Keep Collier Moving group will be on the other side.
CHAIRMAN COLETTA: It promises to be very interesting.
CHAIRMAN CARTER: Oh, I'm sure. I'm sure. I hope that
EMS is there.
MR. OLLIFF: Unless there's anything else on that issue, we'll
move forward with that.
The only other thing we had, Mr. Chairman, was to, likewise, as
David indicated, on behalf of our entire staff I will tell you that
Commissioner Mac'Kie will be missed. She was a very, very
supportive member of this board in terms of staff-related issues.
And, believe me, your staff recognizes that, and they are wishing her
the very, very best in her new job. We certainly wish we could keep
her, but we know that her heart lies in the new position, and we just
wish her God speed and the best.
COMMISSIONER MAC'KIE: Thank you. Maybe I could --
CHAIRMAN CARTER: Would you like to speak at this point?
I don't want you to break up too soon here. You're getting weepy on
me, and I can't handle that.
COMMISSIONER MAC'KIE: I actually have three things.
CHAIRMAN CARTER: Sure.
COMMISSIONER MAC'KIE: One is that unless the county
attorney tells me it's out of order, I think it might be appropriate now
for me to resign as the vice chair of the County Commission so that
the board can proceed to elect a new vice chair. I don't want that to
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October 23, 2001
happen in any -- again, I don't want there to be a gap there or a
problem there. So unless David tells me I'm not allowed to do that,
I'm going to resign right now as vice chair.
MR. WEIGEL: You can resign right now.
COMMISSIONER MAC'KIE: Okay.
COMMISSIONER FIALA: Does that mean, then, that we
should nominate somebody to fill her position at this point?
CHAIRMAN CARTER: Yes, Commissioner.
COMMISSIONER FIALA: So what would you think, Jim
Coletta? Would you be willing to accept?
COMMISSIONER COLETTA: Vice chair? I would be
honored.
COMMISSIONER FIALA: Would you?
COMMISSIONER MAC'KIE: That's a great idea.
COMMISSIONER FIALA: I'd like to nominate you,
Commissioner Coletta.
CHAIRMAN CARTER: I have a motion for --
COMMISSIONER MAC'KIE: I'll second.
CHAIRMAN CARTER: I have a motion from Commissioner
Fiala, and I have a second from Commissioner Mac'Kie to nominate
and approve Mr. Jim Coletta, Commissioner 5, as the vice chair of
the Board of County Commissioners. All in favor signify by saying
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries 5-0.
COMMISSIONER MAC'KIE: That worked out well then.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER FIALA: I didn't mean to just jump right in.
COMMISSIONER MAC'KIE: No, that's all right. We're
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October 23, 2001
figuring this out as we go.
COMMISSIONER FIALA: I should have given you some
breathing space.
COMMISSIONER MAC'KIE: No, no, no.
CHAIRMAN CARTER: Thank you. That's one item I can take
off the next meeting list. Thank you.
COMMISSIONER MAC'KIE: The other thing is just to let you
know that I am going to send a letter to the governor's office today
resigning the county commission effective midnight tomorrow. That
means we have to be done with the LDC hearing by midnight
tomorrow night no matter what.
CHAIRMAN CARTER: Well, I hope so.
MR. OLLIFF: You can make that effective about 8 p.m. It will
make us much happier.
COMMISSIONER MAC'KIE: Maybe I should make it about
6:30, come to think of it.
The last thing is just to ask, as a favor, instead of making kind of
parting remarks if I could close today's meeting with a prayer instead
of making a little speech.
CHAIRMAN CARTER: That will be fine, and we will come
back to you, Commissioner Mac'Kie.
Commissioner Henning.
COMMISSIONER HENNING:
Thank you.
Two things. One, during our
service awards I asked a gentleman to take off his hat. I just wanted
to let you know that I've known him for a number of years. We're
real good friends. I wouldn't do that to one of the county manager's
employees.
CHAIRMAN CARTER:
I just figured you were having a little
COMMISSIONER FIALA: I didn't even hear it.
CHAIRMAN CARTER: He didn't hit you, so I figured it was
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October 23,2001
okay.
COMMISSIONER HENNING: One other thing. Fred Hardt,
who I think we all know who's very involved in the community -- I
had a meeting with him. He had a concern about one of the
ordinances that we have dealing with docks, the building of docks,
and contractors in conflict with, I guess, a state statute -- U.S. Federal
Code 90.1950. I just want to read this quickly: We want to bring to
your attention that Mr. Charles Lee, director of the United States
Department of Labor, the USL&HW office in Jacksonville, Florida,
is advising Florida county governments and the municipalities that
the Longshore & Harbor Workman's Compensation Act, blah, blah,
blah, the United States Code which I just mentioned. I didn't know if
there was a concensus on the board here to direct the county attorney
to take a look at this and our existing ordinance to make sure that we
are in compliance.
COMMISSIONER MAC'KIE: From my experience he'll take a
look at it without -- if he sees a change in the law, he'll look at it and
tell us if we need to make some amendments to our ordinances.
CHAIRMAN CARTER: Mr. Weigel, is that something that you
need to review and get back to us on?
MR. WEIGEL: Well, I think it's fine for the board by consensus
to direct that we do that. We were already looking at it, just to let
you know.
COMMISSIONER MAC'KIE: I'm not surprised.
CHAIRMAN CARTER: Okay.
MR. WEIGEL: I think we're about prepared to respond, but I
take this as a concensus of the board for us to provide you-all a
response, and we're very happy to do that.
COMMISSIONER COLETTA: If I might ask a question, in the
meantime would you suggest we direct all correspondence directly to
Mr. OllifP.
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October 23,2001
COMMISSIONER MAC'KIE: Oh, this is a different one.
CHAIRMAN CARTER: I'll let you have that all by yourself.
MR. WEIGEL: Well, if it makes you feel any better, I'm not
under the county manager ordinance. CHAIRMAN CARTER: Okay.
COMMISSIONER MAC'KIE: So we can talk to David no
matter what.
CHAIRMAN CARTER: You can talk to David.
COMMISSIONER HENNING: In closing, I wish
Commissioner Mac'Kie the best, and I think this is her calling to
serve the community, her true calling to serve the community.
COMMISSIONER MAC'KIE: Thank you very much.
CHAIRMAN CARTER: Let me just move down to my right to
Commissioner Fiala.
COMMISSIONER FIALA: Well, I have to echo Tom's
statements and say you've sure been a wonderful example for all of
us and taught us a lot as we've gone along. I wish I could have
learned better how to make a great motion, but it looks like I'll
continue to learn.
CHAIRMAN CARTER: You will. You're doing great. You're
doing great.
COMMISISONER FIALA: Thank you so much.
CHAIRMAN CARTER: I've been out here for awhile, and I've
seen some that-- Lord, yours look like they came from the highest
court versus some of this stuff I've seen put through here. Well, it
was more fun than people should have.
COMMISSIONER FIALA: Thank you. And, Pam, thank you
again for all that you've done for us, and good luck to you in this new
endeavor.
CHAIRMAN CARTER: Commissioner Coletta.
COMMISSIONER COLETTA: Boy, I want you to know that I
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October 23, 2001
am going to miss you very much, Pam. Where are we ever going to
find a honest, caring land-use attorney?
COMMISSIONER MAC'KIE: Thank you for that laugh.
COMMISSIONER COLETTA: You're the last one; right?
COMMISSIONER MAC'KIE: No comment.
COMMISSIONER COLETTA: Forgive me out there if I hurt
anyone's feelings. I didn't quite mean it that way. No, I did.
CHAIRMAN CARTER: That's all right. They've got a good
sense of humor.
COMMISSIONER COLETTA: Two other things I'd like to
touch on, if I may. Donna brought up a very good point. On the
nursing program, school nurse program, it was never the intention of
the county to get in this business and stay there. We were just to be
the catalyst to make it all happen.
I'm going to make some information available to you. I support
what Donna was saying, but there's one other thing I don't think you
know is that there's $400,000 out there the school system isn't even
aware of that they're going to be coming into this year, and I think it
would behoove them to not earmark that for anything else but school
nursing to take the place of the county funds.
COMMISSIONER HENNING: We could probably recommend
that they do it this year.
COMMISSIONER COLETTA: They haven't got it yet, but it
would be a great idea to start them toward next year. Donna, thank
you for bringing that up.
The other item, and I thought that's what Tom was covering --
but obviously we didn't -- was the article in today's paper.
COMMISSIONER FIALA: I got that this morning. I hit that a
little bit.
COMMISSIONER COLETTA: It's a concern, you know, of
how we're supposed to communicate with staff. According to the law,
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October 23,2001
I guess we're not supposed to communicate to them directly.
CHAIRMAN CARTER: Pam.
COMMISSIONER MAC'KIE: I just would love to say -- I
would suggest that we get our legal advice from the county attorney
unless you want to hire somebody independently for your individual
legal advice. But I couldn't disagree more with Mike Carr's
assessment that it's illegal as hell to do it the way we've always done
it.
When I asked -- the standing orders for my staff are if I am
sending anything to a staff member, it either goes to Tom with a copy
to them or goes to them with a copy to Tom. Tom's in charge of
telling them what to do, but I didn't give up my right to communicate
by virtue of that ordinance.
COMMISSIONER FIALA: Are you allowed to ask questions?
COMMISSIONER MAC'KIE: Absolutely. You know, with all
due respect to Mike Carr, he's wrong about this, and I would suggest
that the newspaper get some advice and read the ordinance. It's not
illegal as hell. It's not illegal to communicate with staff.
It would be illegal to say, "Go shut down the landfill."
COMMISSIONER COLETTA: I agree with you. Possibly to
err on the side of caution we might want to have the county attorney
look into it a little bit. In the meantime, we might want to make sure
that all our correspondence is directed to Mr. Olliff and then cc'd to
anyone else along the line, just to cover ourselves.
CHAIRMAN CARTER: Well, I'm going to go forward with
Mr. Olliff on that.
COMMISSIONER COLETTA: These are accusations that were
made against us, and I'm a little bit nervous about it, frankly.
COMMISSIONER FIALA: You know, when I was talking to
Kathy Solo from the Naples Daily News, she was so gentle, really,
when she was asking the questions. She wasn't at all on a hunt or
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October 23,2001
anything. She just wanted to get the facts, and that's exactly what her
job is, to get the facts. So then I said, "Well, gee, you know, I know
why I don't do that. I never tell anybody what to do. And for staff, I
always ask Tom."
She said, "What do you do with the e-mails that you get?"
"Well, I answer those or I'll send them to the department and ask
them for their information."
She said, "Yes, but, you know, that could be misconstrued."
So there's where we do need some definitions. I would hate to
have all of our five's mail all just -- you know, send them each an
answer. We're sending them to Tom Olliff, and then Tom then has to
go through it and send each one -- if that isn't necessary. Conversely,
if it's mandatory, then we'll do it. I just want to know what's the right
thing to do.
CHAIRMAN CARTER: Tom, I would like you to comment on
that because, you know, to me interference is what Commissioner
Mac'Kie said. My neighbor gets a code enforcement violation. That
neighbor comes to me and says, "You're a commissioner. Can you
fix this?" I go to code enforcement and say, "Why don't you bury
this one, and we'll see it in the next century." That's interference.
But to go get resolution information to provide them assistance,
as for a team effort from legal and planning services and
transporation to resolve an issue, that defeats the whole purpose of
quality service to our customers out there.
You know, Mr. Carr can have any opinion that he wants. As I
said on television, I don't know whether it's going to be there or not,
but I can go to 50 lawyers and get 50 opinions. I'm going to rely on
our legal counsel, and I'm going to rely on our interpretation of it to
do the right thing until I hear differently.
COMMISSIONER MAC'KIE: I don't know why Mike would
want to say something like that either. It just didn't make sense.
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October 23,2001
CHAIRMAN CARTER: Well, I don't know if he's running for
state's attorney or county commissioner. I've never figured that out
yet, but that's okay.
Mr. Olliff.
MR. OLLIFF: I'll touch on this real briefly, and then I think you
probably ought to look to David for a little bit of legal advice on the
actual interpretation of the ordinance. I can tell you that the
ordinance was put in place in my mind to do one thing and one thing
only, and that was to make sure that there was a separation between
the political motivations, which a county commissioner will have,
and the administrative functions and duties of your staff. The
administrative functions of your staff are to adhere to the policies, the
ordinances, and the laws that are in place, and we don't play favorites.
We are supposed to simply make our decisions based on the laws that
exist, and that's why it's there.
But it is specifically referencing interference, and I do not
believe that the ordinance -- and it's probably better to focus on what
was not the intention of that ordinance, and I don't believe the
intention of the ordinance was to prevent in any way commissioners
from passing along constituent complaints, questions, or issues
directly to the staff whose job it is to take care of those.
It is wrong, however, for the board to try and influence the
staffs actions in response to those citizens' questions, complaints, or
requests. I think 99.999 percent of everything I have ever seen from
this board are simply the passing along of constituent complaints,
questions, or resolutions, and most of the time you're simply passing
them on and asking that the staff close the loop with you by
providing some follow-up communication to make sure that it got
handled in some way, and that's more just to make sure it got
handled. I do not believe it's so that you can try and influence the
outcome of what was done.
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October 23,2001
I told each and every one of you, especially the new
commissioners, during the orientation process, one, about the county
manager's ordinance but, two, that it was my suggestion that you do
go directly to the staff with constituent complaints, issues, or
questions that you might have, because I think it's the only way for us
to be able to run as efficient an organization as we have. I've also
been very clear to my staff that should they in any way whatsoever
feel like they are being pressured by you, they are to come to me and
tell me about that immediately. So far I have had my staff continue
to tell me when you're getting ahold of them, what it is that you're
looking for, but they've not felt pressured in any way or influenced in
any way.
But I'll let David talk to you about the interpretation of the
ordinance a little further.
But if we need to clarify that, we can perhaps do that.
CHAIRMAN CARTER: David, do you want to do that now, or
do you prefer to review and update us at the next meeting? I'll leave
it up to you, sir.
MR. WEIGEL: I'll give you a brief comment now. As I told the
reporter, I didn't see it written, but the capstone of the provision and
the county manager's ordinance concerning the commission and the
county manager -- county administrator, as it said when it was
written, was that there shouldn't be interference or getting involved
with the appointment and removal of employees. That's the initial
focus of the provisions.
It works its way down to talk to the element of interference as
well as indicating very clearly that commissioners may, in fact, ask
for -- contact staff for purposes of inquiry and information. I also
told him it's a county manager's ordinance. I think that the county
manager has a very important part in the administration of this
ordinance and in calling the board or board members in regard to any
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October 23,2001
issues that he or she, the county manager, may have at any point in
time.
It came at a point in time, you know, several years ago when it
was thought important to put in a provision like this. It's a local
ordinance. It's local law and, in fact, is your law, our law, and it
could be subject, conceivably, to further iteration, clarification,
change, or even removal of provisions if necessary. So I'll work on
this a little further and provide you additional comment and report.
CHAIRMAN CARTER: Thank you, David. I appreciate it.
There's a part that you said up front. I don't know how many times I
received resumes from people, and I send them down to human
resources and send them a note. We, as the Board of County
Commissioners, do not get involved in the hiring of employees for
Collier County, and that's the end of that.
I've had other e-mails and letters and phone calls when we were
going through some very difficult times as to why I didn't personally
go tell the county manager to remove certain people from staff and
yadity, yadity, yada. We don't do that. We didn't do it then. I won't
do it today, and I won't do it tomorrow, not as long as I'm a
commissioner. I'm never going to tell that man who should stay or
who should go.
I hold him accountable. I hold David Weigel accountable.
That's my job as a county commissioner. If anyone fails to
understand that or doesn't really get that message, give me a call, and
I will put it in writing to you because that's just the standards and
beliefs by which this commission operates.
MR. OLLIFF: In the interim, should any of you feel
uncomfortable at all in your own reading of that ordinance and you
feel like you want to send everything that you've got that's going to
the staff through me, by all means do that. We'll handle it in our
office, and we'll make the adjustments necessary to get your
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October 23,2001
tumarounds through my office.
CHAIRMAN CARTER: What I've learned from this is
sometimes it's a culmination of things that take place, and I've sent
information downward. And in the future what I will do is based on
everything that I know, here is an information update. And if I have
a question, I'll send it to Tom. But sometimes people misconstrue
that and say, "You told him to do this." I didn't tell them to do
anything. They don't work for me.
COMMISSIONER MAC'KIE: Right.
CHAIRMAN CARTER: I'll get off my soapbox.
COMMISSIONER FIALA: Is that all, Jim?
CHAIRMAN CARTER: If you want to know how strongly I
feel about it. Okay. Anything else, Commissioners?
COMMISSIONER COLETTA: No. I yield the floor.
COMMISSIONER MAC'KIE: She already had her mm. It's up
to you and then me.
CHAIRMAN CARTER: Well, I don't have anything more to
say. These issues have been addressed that I was concerned about,
and we're going to move forward. I am just delighted -- two quick
things.
One, I am delighted Pelican Bay property owners per Norman
Feder's presentation -- they approved it unanimously, their board did.
They're sending out to all the registered voters a recommendation for
this, and that was heartening. We got the same thing from the
citizens for better government, I believe, that sent from Trisika
(phonetic) -- Miss Trisika; is that right? No. Maybe I got it wrong. I
apologize if I did.
She's sent me the same letter. I saw it in their newsletter. I am
just heartened by what I'm hearing from community leadership, from
the people out there who drive these roads every day. I've said it time
and again, the informed voter will make quality decisions. I think it's
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October 23, 2001
just great where we're going on this. So don't forget to vote
November 6th. You've made the commitment to get there and push
that button.
That's all I have to say. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Thank you. I appreciate this
indulgence. If you would pray with me. CHAIRMAN CARTER: Yes.
COMMISSIONER MAC'KIE: Heavenly Father, we thank you
for so much for the work that you do here in this county and, Lord,
we just call on you now to come and seal the work that's been done
here. Lord, we just let you know that you are welcome here, and not
only are you welcome in this place, Lord, but this is a county and a
community that counts on you, that comes to you, that listens to you,
Lord, and we just pray for your blessing on this county and on this
place and particularly on these leaders, Lord, as they continue to
undertake the important and difficult responsibilities.
Lord, we pray for each leader in this county, that they continue
to listen to you and to be led by your word. We thank you, Father,
for all that you've given us and the many blessings that we have here.
We thank you, Lord, for the help that you've given me as I've served
this county, and we pray this in Jesus's name. Amen.
CHAIRMAN CARTER: Amen. That's great. As our master
said, the peace I give to you may we give to each other.
COMMISSIONER MAC'KIE: There you go.
CHAIRMAN CARTER: May we never forget those words. If
there's no further business in front of this commission, we stand
adjourned. God bless America.
***** Commissioner Coletta moved, seconded by Commissioner
Mac'Kie, and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted: *****
Page 132
October 23, 2001
Item gl 6Al
SATISFACTION OF LIEN ARISING OUT OF ORDER
IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD
CASE 2001-070, COLLIER COUNTY V. BLAS VALSEZ AND
ROBERTO SOTO
Item # 16A2
BID 01-3276 FOR RECORDS MANAGEMENT SERVICES -
AWARDED TO DOCUMENT MANAGEMENT SERVICES, INC.,
D/B/A FILE STOR
Item # 16A3
ADDENDUM TO LEASE AGREEMENT BETWEEN CPOC
REALTY, L.L.C. AND COLLIER COUNTY FOR OFFICE SPACE
UTILIZED BY HOUSING AND URBAN IMPROVEMENT
Item gl 6A4- Continued to November 13,2001
FINAL PLAT OF "BERKSHIRE COMMONS PARCEL 1, 2 & 3"
Item gl 6A5
RESOLUTION 2001-397, AUTHORIZING FINAL ACCEPTANCE
OF THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN
STRAND REPLAT- 7"
Page 133
October 23,2001
Item #16A6
RESOLUTION 2001-398, AUTHORIZING FINAL ACCEPTANCE
OF THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN
STRAND REPLAT- lB"
Item # 16A7
RESOLUTION 2001-399, AUTHORIZING FINAL ACCEPTANCE
OF THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN
STRAND REPLAT - 4"
Item #16A8
RESOLUTION 2001-400, AUTHORIZING FINAL ACCEPTANCE
OF THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN
STRAND REPLAT- 5"
Item # 16A9
RESOLUTION 2001-401, AUTHORIZING FINAL ACCEPTANCE
OF THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "NORTH
COLLIER INDUSTRIAL CENTER"
Item #16Al0
Page 134
October 23,2001
AGREEMENT FOR RELEASE FROM OBLIGATION WITH
QUAIL II DEVELOPMENT TO PAY FOR IMPROVEMENTS TO
THE COCOHATCHEE WEIR
Item gl 6Al 1
FINAL PLAT OF "MAJORCA UNIT TWO AT FIDDLER'S
CREEK"
Item #16A12
WORK ORDER WMI-FT-01-08 WITH1N CONTRACT 99-2981
WITH WILSONMILLER FOR FIXED TERM LAND SURVEYING
AND PHOTOGRAMETRIC SERVICES - IN THE AMOUNT OF
$108,600
Item #16A13
CARNIVAL PERMIT 2001-06, RE PETITION CARNY-200 I-AR-
1604, REVEREND JOSEPH SPINELLI, O.S.A., PASTOR OF ST.
ELIZABETH SETON PARISH, REQUETING A PERMIT TO
CONDUCT A CARNIVAL/FESTIVAL ON NOVEMBER 7,8,9,10
AND 11,2001, ON PROPERTY LOCATED AT 5325 28TM
AVENUE SW
Item #16A14- Moved to Item #10H
Item # 16B 1
DIRECTION TO REVISE THE ENABLING ORDINANCE THAT
SETS FORTH THE REQUIREMENTS FOR THE IMMOKALEE
Page 135
October 23, 2001
BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT
(MSTU) ADVISORY COMMITTEE
Item #16B2
FORMAL COMPETITIVE PROCESS WAIVED;
IMPLEMENTATION AND STANDARDIZATION OF A
COUNTYWIDE AUTOMATED CENTRAL IRRIGATION
CONTROL SYSTEM FROM CONTEMPORARY CONTROLS &
COMMUNICATIONS, INC.
Item #16B3
RESOLUTION 2001-402, REQUESTING THE STATE OF
FLORIDA TO RETAIN U.S. 41 IN EASTERN COLLIER
COUNTY AS A STATE ROAD UNDER THE FLORIDA
DEPARTMENT OF TRANSPORTATION
Item # 16B4
AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE
PROPERTY FOR THE BENEFIT OF THE WIGGINS BAY
DRAINAGE BASIN- AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B5
RFP #01-3280, "INSTALLATION AND MAINTENANCE OF
STREET LIGHTS"- AWARDED TO E.B. SIMMONDS
ELECTRIC, AMERICAN LIGHTING AND SIGNALIZATION,
AND DESIGNED TRAFFIC INSTALLATION
Page 136
October 23, 2001
Item #16B6
ACQUISITION OF PERPETUAL, NON-EXCLUSIVE, ROAD
RIGHT-OF-WAY, UTILITY, DRAINAGE, MAINTENANCE AND
TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT
FOR THE FUTURE CONSTRUCTION OF FOUR-LANING
ROADWAY IMPROVEMENTS FOR COUNTY BARN ROAD
BETWEEN DAVIS BOULEVARD (SR 84) AND RATTLESNAKE
HAMMOCK ROAD (CR 864)
Item # 16B7
WORK ORDER NO. WD-055 WITH DOUGLAS N. HIGGINS,
INC. FOR REPLACEMENT OF A CULVERT ON GOODLAND
ROAD, PROJECT NO. 60047- IN THE AMOUNT OF $194,466.50
Item # 16B8 Moved to Item # 16C 17
Item # 16B9 - Added
RESOLUTION 2001-403, PROHIBITING THE OPERATION OF
TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A
RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1)
TON FROM THROUGH-MOVEMENTS ON CERTAIN STREETS
IN THE NAPLES PARK NEIGHBORHOOD
Item # 16B 10 - Added
RIGHT-OF-WAY PERMIT FEES NOT TO BE WAIVED FOR THE
CONSTRUCTION OF THE LANDSCAPING IMPROVEMENTS
Page 137
October 23, 2001
PLANNED FOR THE TROPICANA BOULEVARD CORRIDOR
Item # 16C 1
CHANGE ORDER IN THE AMOUNT OF $53,125 TO
CONTRACT 00-3033 WITH DOUGLAS N. N. HIGGINS, 1NC.
FOR HIDEAWAY BEACH T-GROIN CONSTRUCTION AND
THE TOURIST ASSOCIATED TOURIST DEVELOPMENT
COUNCIL (TDC) GRANT APPLICATION
Item # 16C2
RESOLUTION 2001-404, AUTHORIZING FUNDS IN THE
AMOUNT OF $12,500 FOR PROFESSIONAL SERVICES,
ADVERTISING, AND EXPENSES TO CONDUCT A WATER
FESTIVAL DURING THE WEEK OF MAY 5, 2002
Item # 16C3
ADDENDUM NO. 2 TO EFFLUENT AGREEMENT BY AND
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, WATER-SEWER DISTRICT
AND WINDSTAR CLUB, INC.
Item #16C4
RESOLUTION 2001-405, SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT THAT THE COUNTY HAS
RECEIVED PAYMENT IN FULL FOR THE 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT
Page 138
October 23, 2001
Item #16C5
SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEM IMPACT FEE
Item #16C6
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND
AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR
SEWER SYSTEM IMPACT FEES
Item #16C7
BUDGET AMENDMENT RENEWING FUNDS FOR
ACQUISITION OF LAND FROM WILLING SELLERS FOR
PROPERTIES ADJACENT TO THE EXISTING NAPLES
LANDFILL
Item #16C8
CONTRACT FOR "CHLORINATOR EQUIPMENT
MAINTENANCE"- AWARDED TO WATER TREATMENT AND
CONTROLS COMPANY
Item # 16C9
RESOLUTION 2001-406, SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN
Page 139
October 23,2001
FULL FOR THE 1992 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT
Item # 16C 10
RESOLUTION 2001-407, SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN
FULL FOR THE 1993 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT
Item #16C 11
RESOLUTION 2001-408, SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN
FULL FOR THE 1994 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT
Item #16C12
RESOLUTION 2001-409, SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN
FULL FOR THE 1995 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT
Item #16C13
SATISFACTION OF LIEN FOR THE ABATEMENT OF
NUISANCE
Page 140
October 23,2001
Item # 16C 14
PROFESSIONAL ENGINEERING DESIGN WORK ORDER ME-
FT-02-02, WITH METCALF AND EDDY, INC., FOR A NEW
REVERSE OSMOSIS RAW WATER SUPPLY WELL FOR THE
NORTH COUNTY REGIONAL WATER TREATMENT PLANT-
IN THE AMOUNT OF $180,616
Item # 16C 15
COMMITTEE SELECTION OF BIG ISLAND EXCAVATING,
INC., NAPLES, FL AND E.R. JAHNA INC., LAKE WALES, FL
FOR CONTRACT #01-3272, "PRODUCTION OF BEACH
COMPATIBLE SAND"- STAFF TO BEGIN CONTRACT
NEGOTIATIONS
Item # 16C 16
PROFESSIONAL ENGINEERING WORK ORDER ME-FT-02-01
WITH METCALF & EDDY, INC., FOR WELLFIELD
REMEDIATION FOR THE REVERSE OSMOSIS RAW WATER
SUPPLY WELLS FOR THE NORTH COUNTY REGIONAL
WATER TREATMENT PLANT- IN THE AMOUNT OF $212,036
Item #16C 17 - Moved from Item # 16B8
EMERGENCY WASTEWATER INTERCONNECT AGREEMENT
WITH THE CITY OF NAPLES
Item # 16D 1
Page 141
October 23, 2001
WORK ORDER #BSSW-00-15, WITH BARANY SCHMITT
SUMMERS WEAVER AND PARTNERS INCORPORATED TO
ENABLE THE LIBRARY TO HIRE AN ARCHITECTURAL FIRM
TO COMPLETE PLANS FOR THE IMMOKALEE BRANCH
LIBRARY EXPANSION- IN THE AMOUNT OF $76,350
Item # 16D2
GRANT APPLICATION TO FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM FOR
IMPROVEMENTS AND EXPANSION OF DOCK, PICNIC
SHELTER AND RESTROOM AT BAYVIEW PARK
Item #16D3
INTERLOCAL AGREEMENT WITH DISTRICT SCHOOL
BOARD OF COLLIER COUNTY FOR SCHOOL NURSING
SERVICES
Item # 16E 1
ADDITIONAL THIRTY (30) DAY EXTENSION OF CONTRACT
#98-2828, RECORDS MANAGEMENT SERVICES
Item # 16E2
LEASE AGREEMENT BETWEEN SOLAR, L.C. AND COLLIER
COUNTY FOR WAREHOUSE SPACE LOCATED AT 4420
MERCANTILE AVENUE
Page 142
October 23,2001
Item #16E3
FIRST AMENDMENT TO STANDARD AGREEMENT FOR
CENTRAL OFFICE SPACE LEASE AND LICENSE BETWEEN
COLLIER COUNTY AND SPRINT-FLORIDA, INCORPORATED
FOR A COMMUNICATIONS TOWER IN MONROE COUNTY
Item #16E4
ENHANCED SECURITY MEASURES AT THE MAIN
GOVERNMENT COMPLEX AND DEVELOPMENT SERVICES
BUILDING- STAFF TO UTILIZE STATE CONTRACT AND OR
SNAPS PRICING FOR SECURITY ITEMS
Item #16F 1
BUDGET AMENDMENTS TO APPROPRIATE REVENUE FOR
A FLORIDA DEPARTMENT OF AGRICULTURE, DIVISION OF
FORESTRY MATCHING (50%) GRANT AWARD AND TO
TRANSFER AND APPROPRIATE MATCHING FUNDS FROM
THE ISLES OF CAPRI FIRE CONTROL DISTRICT RESERVE
FOR CONTINGENCIES
Item #16F2
MEMORANDUM OF UNDERSTANDING BETWEEN THE
OCHOPEE FIRE CONTROL DISTRICT AND THE NATIONAL
PARK SERVICE, BIG CYPRESS NATIONAL PRESERVE
Item # 16F3
Page 143
October 23, 2001
BUDGET AMENDMENTS TO APPROPRIATE REVENUE FOR
A FLORIDA DEPARTMENT OF AGRICULTURE, DIVISION OF
FORESTRY MATCHING (50%) GRANT AWARD AND TO
TRANSFER AND APPROPRIATE MATCHING FUNDS FROM
THE OCHOPEE FIRE CONTROL DISTRICT RESERVE FOR
CONTINGENCIES
Item #16F4 - Added
RESOLUTION 2001-410, APPROVING USER FEES FOR
COLLIER COUNTY AMBULANCE SERVICES, PURSUANT TO
COLLIER COUNTY ORDINANCE 96-36; ADOPTING BILLING
AND COLLECTION PROCEDURE; PROVIDING
ADJUSTMENTS AND WAIVERS; AND APPROVING
HARDSHIP CASES AND PAYMENT PLANS
Item #16Gl
APPROVAL OF A $300,000 ADVANCE TO THE TAX
COLLECTOR FOR LAND ACQUISITION REQUIRED DUE TO
THE ASSUMPTION OF DRIVERS LICENSE OPERATIONS
FROM THE STATE OF FLORIDA
Item # 16H 1
BUDGET AMENDMENT FOR MARCO ISLAND EXECUTIVE
AIRPORT ROTATING BEACON
Item gl 611 - Moved to Item #9G
Item # 16J 1
Page 144
October 23,2001
MISCELLANEOUS CORRESPONDENCE- FILED AND/OR
REFERRED
The following miscellaneous correspondence, as presented by
the Board of County Commissioners, has been directed to the various
departments as indicated below:
Page 145
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
Ao
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. September 19, 2001 - through September 25,2001.
2. September 26, 2001- through October 2, 2001.
Districts:
1. Collier Soil and Water Conservation District - Agenda for September 19,
2001, Minutes of August 15, 2001.
C. Minutes,
Pelican Bay MSTBU Advisory Committee - Agenda for September 27,
2001, Minutes of August 9, 2001,
a) Pelican Bay Budget Hearing - Agenda for September 12, 2001
b)
Clam Bay Sub-Committee -Agenda for September 12, 2001,
Minutes for July 19, 2001.
c)
Organization Structure Review Sub-Committee - Agenda of
September 27, 2001, Minutes of August 29, 2001
Collier County Planning Commission - Agenda for Friday September 7,
2001, Agenda for September 20, 2001, Agenda for September 19, 2001,
Minutes of August 16, 2001.
H:Data/Format
o
Rural Fringe Assessment Area Oversight Committee - Agenda for
September 12, 2001, Minutes of August 29, 2001, Agenda for September
26, 2001, Minutes of September 12, 2001, Minutes for August 8, 2001,
Minutes of August 29, 2001.
AGBNDA ,.~T E ~1
No. I.
0CI 2 3 ZO01
10.
11.
12.
13.
H:Data/Format
14.
15.
16.
17.
18.
Immokalee Beautification Advisory Committee - Minutes of August 15,
2001.
Historic & Archaeological Preservation Board - Agenda for September
21, 2001, Minutes of August 17, 2001
Collier County Contractors Licensing Board - Agenda for September 19,
2001.
Lely Golf Estates Beautification Advisory Committee - Agenda for
October 12, 2001, Minutes of August 10, 2001.
Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee
Minutes for August 17, 2001
Enterprise Zone Development Agency - Draft Minutes of September 20,
2001.
Collier County Productivity Meeting - Agenda for September 19, 2001,
Minutes of August 15, 2001.
Collier County Metropolitan Planning Organization - Agenda for
September 28, 2001.
Collier County Coastal Advisory Committee - Agenda for May 29, 2001;
Agenda for June 7, 2001; Agenda for June 27, 2001; and Agenda for
August 2, 2001, Minutes of May 29, 2001, Minutes of June 7, 2001,
Minutes of June 27, 2001 and Minutes for August 2, 2001.
Bayshore Beautification Advisory Committee - Minutes of September 5,
2001.
Collier County Hispanic Affairs Advisory Board - Agenda for September
27, 2001.
Emergency Medical Services Advisory Council - Agenda for September
26, 2001, Minutes for August 29, 2001.
Environmental Advisory Council - Agenda for October 3,2001, Minutes
of August 7, 2001., Minutes of September 5,2001
1-75/Golden Gate Interchange Advisory Committee - Minutes for
August 30, 2001.
Rural Lands Area Assessment Area Oversight - Agenda for September _
17, 2001, Minutes of August 20, 2001. NAo~. ~OO.~x~I~£M
OCT 2 3 2001
Other:
l) Letter from Guy L. Carlton, Collier County Tax Collector- Tax Collector's
Recapitulation of the 2000 Tax Roll for Collier County, Florida.
H:Data/Format
OCT 23 2,001
October 23,2001
Item #16K1
AUTHORIZE AN AGREEMENT WITH THE CITY OF NAPLES
FOR ELECTION SERVICES
Item # 16L 1
PAYMENT OF SURPLUS PROCEEDS FROM THE SALE OF A
MOBILE HOME LOCATED AT LOT #94, IN SOUTHWIND
VILLAGE, 94 CLEVELAND COURT, NAPLES, FLORIDA,
PURSUANT TO §715.109, FLORIDA STATUTES
Item #16L2
SETTLEMENT AGREEMENT RELAT1NG TO PARCELS NO.
175A, 575A, AND 575B, IN THE LAWSUIT STYLED COLLIER
COUNTY V. HIWASSE, INC., CASE NO. 01-1088-CA
Item # 16L3
STIPULATED FINAL JUDGMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 106 IN THE LAWSUIT
ENTITLED COLLIER COUNTY V. JOAN F. TOBIN, ETAL.,
(TRAFFIC SIGNAL EASEMENT, PROJECT NO. 60171).
STAFF TO DEPOSIT $1,297.00 INTO THE REGISTRY OF THE
COURTS
Item # 16L4
AGREED ORDER AWARDING EXPERT FEES RELATIVE TO
THE EASEMENT ACQUISITION OF PARCEL 168 IN THE
Page 146
October 23,2001
LAWSUIT ENTITLED COLLIER COUNTY V. JAMES R. NASH, ET
AL, CASE NO. 01-0757-CA (LIVINGSTON ROAD, PROJECT NO.
60071) STAFF TO DEPOSIT $9,451.80 INTO THE REGISTRY
OF THE COURTS
Item #16L5
STIPULATED FINAL JUDGMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL NO. 271 IN THE
LAWSUIT ENTITLED COLLIER COUNTY V. JEFFREY
GARGIULO, ET AL, (GOLDEN GATE BOULEVARD, PROJECT
NO. 63041) STAFF TO DEPOSIT $140.00 INTO THE REGISTRY
OF THE COURTS
Item #16L6
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT,
JOSEPH DELUCIA, TRUSTEE, FOR PARCEL 199 IN THE
AMOUNT OF $2,000.00 IN THE LAWSUIT STYLED COLLIER
COUNTY V. JOSEPH DELUCIA, TRUSTEE, ETAL, CASE NO. 00-
0938-CA, PROJECT NO. 63041 STAFF TO DEPOSIT $1,000.00
INTO THE REGISTRY OF THE COURTS
Item #16L7
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS,
MARGERY BAKER AND FRED ABDNER LAVOIE, FOR
PARCEL 281 IN THE AMOUNT OF $2,000.00 IN THE LAWSUIT
STYLED COLLIER COUNTY V. WILLIAM H. BLANTON, ET AL,
CASE NO. 00-1969-CA, GOLDEN GATE BOULEVARD,
PROJECT 63041 STAFF TO DEPOSIT $800 INTO THE
Page 147
October 23,2001
REGISTRY OF THE COURTS
Item #16L8
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS,
SAMUEL TRUJILLO AND SANDRA I. G1NES, FOR PARCEL
231 IN THE AMOUNT OF $800.00 IN THE LAWSUIT STYLED
COLLIER COUNTY V. RICHARD A. GOWER, ETAL, CASE NO.
00-1396-CA, PROJECT NO. 63041 STAFF TO DEPOSIT $400
INTO THE REGISTRY OF THE COURTS
Item # 17A
RESOLUTION BAR 2001-05 APPROVING AMENDMENTS TO
THE FISCAL YEAR 2000-01 ADOPTED BUDGET
Item #17B
RESOLUTION 2001-411 RE PETITION AVPLAT2001-AR1365
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN A PORTION OF A 10' WIDE
UTILITY EASEMENT LOCATED ON LOTS 45 AND 46, BLOCK
"B", ACCORDING TO THE PLAT OF "COLLIERS RESERVE"
Item # 17C
ORDINANCE 2001-55 ESTABLISHING STANDARDS FOR
CREATION AND REVIEW OF COUNTY BOARDS
Item #17D
Page 148
October 23,2001
RESOLUTION 2001-412 RE PETITION CU-2001-AR-1105
LODESTAR TOWER INC., A SPECTRASITE COMPANY
REPRESENTING FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) REQUESTING A CONDITIONAL
USE FOR COMMUNICATIONS TOWER ON A PARCEL OF
LAND ZONED "CON/ACSC/ST" CONSERVATION FOR A
PROPERTY LOCATED ON THE SOUTH SIDE OF 1-75,
APPROXIMATELY 50 MILES EAST OF COLLIER
BOULEVARD (CR-951) ON INTERSTATE 1-75 (MILE MARKER
51.2)
Item # 17E
RESOLUTION 2001-413 RE PETITION CU-200 I-AR- 1103
LODESTAR TOWER INC., A SPECTRASITE COMPANY
REPRESENTING FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) REQUESTING A CONDITIONAL
USE FOR COMMUNICATIONS TOWER ON A PARCEL OF
LAND ZONED "CON/ACSC/ST" CONSERVATION FOR A
PROPERTY LOCATED ON THE SOUTH SIDE OF 1-75,
APPROXIMATELY 38 MILES EAST OF COLLIER
BOULEVARD (CR-951) ON INTERSTATE 1-75, (MILE MARKER
63.3)
Item #17F- Continued to November 13,2001
PETITION PUDZ-01-AR-620, ANITA L. JENKINS OF WILSON
MILLER INC., REPRESENTING LONG BAY PARTNERS, LLC,
REQUESTING A REZONE FROM "A" RURAL
AGRICULTURAL AND PUD TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS MEDITERRA HAVING THE
Page 149
October 23, 2001
EFFECT OF ADDING 213.7 ACRES TO MEDITERRA PUD,
REDUCING DENSITY AND ADDING A VILLAGE CENTER
DISTRICT WITH A MAXIMUM OF 20,000 SQUARE FEET OF
FLOOR AREA FOR PROPERTY LOCATED ON THE EAST AND
WEST SIDE OF LIVINGSTON ROAD AND APPROXIMATELY
ONE MILE WEST OF 1-75, IN SECTIONS 11 AND 12, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item # 17G
ORDINANCE 2001-56 AMENDING COLLIER COUNTY
ORDINANCE NO. 97-8, THE FALSE ALARM ORDINANCE
Item # 17H- Continued to November 13,2001
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RATIFYING AND FURTHER AUTHORIZING THE MORE
EFFICIENT ADMINISTRATION OF THE COUNTY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FUNDED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) BY
PROVIDING FOR PARTICIPATION IN THE CDBG PROGRAM
THROUGH FEDERAL FISCAL YEARS 2001-2005
Item # 171
ORDINANCE 2001-57 APPROVING AND ADOPTING THE
CONSOLIDATED UTILITY STANDARDS AND PROCEDURES
ORDINANCE, APPROVE THE COLLIER UTILITIES
TECHNICAL STANDARDS MANUAL AS THE OFFICIAL
Page 150
October 23,2001
PROCEDURES AND PROCESS MANUAL AND SIMPLIFY THE
PROCEDURES TO REVISE AND MAINTAIN TECHNICAL
DETAILS AND STANDARDS
Item # 17J
ORDINANCE 2001-58 REPEALING COLLIER COUNTY
ORDINANCE NO. 80-45, THE RETREAT UNIT ONE STREET
LIGHTING MUNICIPAL SERVICE TAXING DISTRICT (MSTU)
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:25 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
JAMES ',ARTER, Ph.D, CHAIRMAN
CLERK
Page 151
October 23, 2001
These minutes approved by the Board on
presented
or as corrected
////4~ / , a s
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT
REPORTING, INC., BY BARBARA A. DONOVAN AND
MARGARET A. SMITH
Page 152