BCC Minutes 11/13/2001 RNovember 13,2001
REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 13, 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 9:10 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.
Jim Coletta
Donna Fiala
Tom Henning
ALSO PRESENT:
Tom Olliff, County Manager
David C. Weigel, County Attorney
Jim Mudd, Deputy County Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
November 13, 2001
9:00 a.m.
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 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34'112, (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.
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November 13, 2001
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend George Lockhart, First Baptist Church of Golden Gate
B. Swearing-in of new Commissioner by Judge Brousseau.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended
B. September 25, 2001 - Regular Meeting
C. September 26, 2001 -Workshop
D. October 3, 2001 - Value Adjustment Board
E. October 8, 2001 - Value Adjustment Board
F. October 9, 2001 - Regular Meeting
G. October 10, 2001 - Special Meeting
H. October 15, 2001 -Workshop
I. October 16, 2001 -Workshop
J. October 23, 2001 - Regular Meeting
K. October 24, 2001 - Special Meeting
3. PROCLAMATIONS
A. National Epilepsy Awareness Month for November. To be accepted by Jerry
Pizza, Chairman, via U.S. Mail.
B. Farm-City Week for the Week of November 16-22. To be accepted by David
Santee.
C. America Recycles in Collier County on November 15, 2001. To be accepted by
Denise Kirk.
SERVICE AWARDS
Five-Year Attendees:
1) Kenneth Haberkorn, Emergency Medical Services
2) Crista Cavenago, Emergency Medical Services
3) John Riesen, Public Services
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November 13, 2001
4) William Sims, Fleet Management
Ten-Year Attendees:
5) Anthony Duesterhoeft, Fleet Management
Twenty-Year Attendees:
6) Polly Currie, Social Services
5. PRESENTATIONS
A. Presentation of the County Champion Award from the Florida Association of
Counties to Rep. Dudley Goodlette (R-76).
6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
B. Public Petition to reconsider requirements placed on Keystone regarding
development in Little Palm Island.
7. BOARD OF ZONING APPEALS
THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 27~ 2001 BCC
MEETING. Petition SV-2001-AR1265, Bo Gallagher, representing
RidgestonelFirestone Inc. requesting a 5-foot variance from the required 150-
foot road frontage for a pole sign to 145 feet for a property located on 5495
Airport Road North in Section II, Township 49 South, Range 25 East, Collier
County, Florida. The property is an outparcel of the Bed, Bath and Beyond
Shopping Center.
8. ADVERTISED PUBLIC HEARINGS
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Review and approval of 2001 Growth
Management Plan amendments for transmittal to the Department of
Community Affairs.
THIS ITEM WAS CONTINUED FROM THE OCTOBER 237 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, Varnadoe 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,
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November 13, 2001
Florida, the Falling Water PUD consists of 74.37 acres, the Community
Commercial Tracts consist of 4+ acres.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition RZ-2001-AR-1376, Carlos
Morales of La Quinta Homes of SW Florida, Inc., requesting a rezone from its
current zoning classification of "RSF-3" Residential Single Family Zoning
District to "RMF-6" Residential Multi-Family District for a property located at
5211 24th Avenue SW in Golden Gate City and is further described as Lot 1,
Block 194, Golden Gate Unit 6, Section 21, Township 49 South, Range 26 East,
Collier County, Florida. This site consists of 12,500 square feet.
Dm
Consideration and adoption of a Resolution establishing new county
commission district boundaries, pursuant to Chapter 124, Florida Statutes,
and the Florida Constitution.
THIS ITEM WAS CONTINUED FROM THE OCTOBER 23, 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.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Board of Building Adjustments and Appeals.
B. Appointment of member to the Affordable Housing Commission.
C. Appointment of member to the Golden Gate Beautification Advisory
Committee.
D. Appointment of members to the Public Vehicle Advisory Committee.
E. Appointment of members to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
F. Discussion regarding County Manager Ordinance. (Commissioner Henning)
10. COUNTY MANAGER'S REPORT
A. Recommendation to confirm the appointment of John Dunnuck to the position
of Public Services Administrator. (Thomas W. Olliff, County Manager)
Report to the Board of County Commissioners regarding designation of site
for future County branch museum on Marco Island. (Leo E. Ochs, Jr.,
Assistant County Manager)
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November 13, 2001
11.
12.
Review and approve the appropriate invoices regarding the advertising and
promotion of Collier County Nationally and Internationally and find a public
purpose has been served. (John Dunnuck, Acting Community Development
Administrator)
Authorize funding to create the Hearing Examiner and Community Liaison
Positions. (John Dunnuck, Acting Community Development Administrator)
AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
Recommendation that the Board determine whether to pay the reasonable
attorney's fees and costs incurred by County employees charged with
criminal violations in connection with the March 7, 1999 sulfuric acid spill at
the North County Regional Water Treatment Plant if such employees proceed
through pretrial diversion and the charges now pending against them are
dismissed.
Hispanic Affairs Advisory Board recommendation for Adoption of a
Resolution requesting dialogue between Immokalee Growers and Farm
Workers.
13. OTHER CONSTITUTIONAL OFFICERS
14.
15.
THIS ITEM TIME CERTAIN FOR 10:00 A.M. Award RFP 01-3257 Direct
Recording Electronic Vote Tabulation System.
B. THIS ITEM TO BE HEARD AS FIRST REGULAR AGENDA ITEM. Presentation
regarding community wide security improvements. (Don Hunter, Collier
County Sheriff)
FUTURE AGENDAS
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.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
CARNY-2001-AR-1673, Pastor Ettore Rubin, C.S., of Our Lady of
Guadalupe, requesting a permit to conduct a carnival/festival on
November 21 through 25, 2001 on their property located at 207 South 9th
Street to raise funds for the operation of the Church and community
programs in Immokalee.
2) Adopt Resolutions enforcing liens on properties for Code Violations.
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November13,2001
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Approve Rules and Regulations relating to the Code Enforcement Board.
Approval of an Agreement with Task Force for the Homeless (DBA St.
Matthew's House) to undertake infrastructure construction to support four
(4) special needs apartment buildings using $224,160 of the County's
Community Development Block Grant (CDBG) funding, the Board of
County Commissioners approved this project as a part of the County's
Consolidated Plan FY01-02 One-Year Action Plan on May 8, 2001.
Approval of an agreement with Collier County Housing Authority to
undertake Infrastructure Construction to support 40 single family home
sites in Immokalee using $213,000 of the County's Community
Development Block Grant (CDBG) funding, the Board of County
Commissioners approved this project as a part of the County's
Consolidated Plan FY01-02 One-Year Action Plan on May 8, 2001.
Assignment Agreement for Easement for Tiburon Boulevard Extension.
To authorize Chairman to execute the mortgages consent as shown on
the plat for Habitat Village.
Assignment Agreement for Easement for Escada at Tiburon.
Assignment Agreement for Easement for Pelican Marsh, Unit Twenty-Five.
Final Acceptance of Water and Sewer Utility Facilities for Osprey Pointe at
Pelican Marsh, Unit Seventeen.
Board of County Commissioners serving as the Community
Redevelopment Aqencv. Recommendation that the Community
Redevelopment Agency direct staff to initiate amendments to the
Bayshore Drive Mixed Use Zoning Overlay to further promote
redevelopment in the area.
Approval of the expansion of a full-time investigator for the Immokalee
Area.
Request for approval and funding of an Administrative Assistant position
to bolster the Impact Fee Administration and Cashiering Sections at the
Collier County Development Services Center.
THIS ITEM WAS CONTINUED FROM THE OCTOBER 23, 2001 BCC
MEETING. Request to approve for recording the Final Plat of "Berkshire
Commons Parcel 1, 2, and 3."
Approval of an agreement with Lee County Electric Cooperative, Inc., to
undertake installing approximately 40 streetlights and poles in locations
designated by the Collier County Sheriff's Office and Area Task Force in
Immokalee using $48,000 of the County's Community Development Block
Grand (CDBG) Funding. The Board of County Commissioners approved
this project as a part of the County's Consolidated Plan FY01-02 One-Year
Action Plan on May 8, 2001.
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November 13, 2001
B. TRANSPORTATION SERVICES
1)
Award a Professional Engineering Services Contract No. 01-3216 to
Woods Hole Group for the design and permitting of Haldeman Creek
Basin Restoration-Collier County Project No. 31011.
2) Approve a Budget Amendment in the Pelican Bay Security Fund to
replace patrol cars.
3) Request approval to assist the City of Everglades City with the use of a
Jet-Vac and a guardrail repair.
4) Award of Bid 01-3278 "Roadway Paint, Thermoplastic Markings, and
Raised Pavement Markers".
5)
Approve Change Order No. 6 for the construction contract No. 00-3054
Pine Ridge RoadlCR896 widening (to six lanes), from Airport-Pulling
RoadlCR31 to Logan Boulevard, Project No. 60111; CIE No. 41.
6) Approve Work Order No. BOC-FT-02-01 with Bonness, Inc., for
intersection improvements on Pine Ridge Road, Project No. 60049.
7)
Recommendation that the Board of County Commissioners Award Bid
#01-3284 for Clam Bay Maintenance Dredging to Florida Dredging and
Dock, Inc.
8) Approve the purchase of two new vehicles for the Transportation Division
for CAT Services and approve the necessary budget amendments.
9)
Approve a Local Agency Program (LAP) Agreement with the Florida
Department of Transportation (FDOT) to provide for the Department's
participation in the Countywide Paved Shoulders Project.
C. PUBLIC UTILITIES
1) Approval of a Budget Amendment to recognize additional carry forward
and decrease reserves in the Naples Production Park Fund.
2)
Approval of Contract HW484 with the Florida Department of
Environmental Protection (FDEP) to participate in the Enhanced Small
Quantity Generator Pilot Program.
3) Certify financial responsibility for North County Water Reclamation
Facility Deep InJection Wells, Project 73948.
4) To approve under RFP 01-3271 three fixed term Coastal Zone
Management Professional Engineering Service Contracts.
5)
Adopt a Resolution authorizing the acquisition by gift or purchase of non-
exclusive perpetual utility interests by easement for the construction of
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November 13, 2001
pipeline and water well sites required for the Collier County Water-Sewer
District Golden Gate Reliability Expansion, Project 70066.
6)
Accept Utility Easements for Construction of a reclaimed water main
along Vanderbilt Beach Road between Airport-Pulling Road and future
Livingston Road.
7)
Adopt a Resolution and approve an agreement for the even exchange of
land between Collier County and the District School Board of Collier
County.
8) Approve Committee Selection of Firms for Contract #01-3283 "Beach
Cleaning Equipment".
9) Approve Budget Amendment for funding of Lake Trafford Restoration.
D. PUBLIC SERVICES
1)
Approval of the Annual Contract between Collier County and the State of
Florida Department of Health for Operation of the Collier County Health
Department.
2) Request that the Board of County Commissioners approve a Budget
Amendment for South Marco Beach Access Restroom Facility.
3) Request that the Board of County Commissioners amend the contract
with Recreational Facilities of America at Tigertail Beach.
4)
Approve a Lease Agreement between Collier County and Copeland
Baptist Mission for the continued use of property for a neighborhood
park.
E. ADMINISTRATIVE SERVICES
1) Approve a Lease Agreement between Collier County and Jeanne L. Noe
for the Sheriff's Office Maintenance Facility on Arnold Avenue.
2)
Approve American LaFrance Medicmaster Corporation as the vendor to
refurbish ambulances to meet new State Ambient Air and Drug
Temperature Control Requirements, add Safety and Patient Comfort
Features and perform paint and body work.
3)
Approve purchase of five (5) medium-duty Advanced Life Support
"Medicmaster" Ambulances from American LaFrance Corporation using
Florida Sheriff's Association and Florida Association of Counties Bid 01-
09-0905, and approve Budget Amendment to cover price increase of
ambulances.
4)
Award of RFP 01-3267 for Complete Signage Services for Collier County,
covering outdoor building/park signs, special event banners,
indoor/outdoor plaques, door signs and miscellaneous sandblasted
signs.
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November13,2001
5) Approve Amendment #1 to Contract 00-3038 - Disaster Recovery
Services.
6)
Recommendation for the Board of County Commissioners to waive formal
competition and allow departments to purchase building materials and
lumber.
7)
8)
To re-appropriate $6,350 previously approved in Fiscal Year 00-01 from
the GAC Land Trust to allow the Golden Gate Fire Control and Rescue
District to purchase miscellaneous equipment for the Community
Emergency Response Team (C.E.R.T.) Program.
Recommendation to establish a temporary Central Mail Receiving Facility
for various County Agencies.
9) Approve Amendment No. 4 for Architectural Services for the design of the
expansion and renovation of the Naples Jail Center, RFP #98-2867.
10) To appropriate $50,000 from General Fund Reserves for Professional
Lobbyist Services.
11) Approve a Part-Time Clerical Position in the Retired and Senior Volunteer
Program (RSVP).
F. EMERGENCY SERVICES
1) Approval of a Certificate of Public Convenience and Necessity for the
Collier County Emergency Medical Department.
2) To authorize the Chairman to sign State of Florida EMS Matching Grant
Applications.
3) Approval to purchase a wireless local area network for Emergency
Medical Services Dispatch from DTNET, Inc., using State of Florida
Contract #250-040-99-1.
4) This item has been deleted.
5)
Approval of a Lease Agreement between Collier County and Nextel
Corporation for the installation of a Communications Tower at EMS
Station 17 on Golden Gate Boulevard.
6) Approve an Interlocal Agreement-MOU between Collier County and the
East Naples Fire Control and Rescue District.
7)
Approve an Interlocal Agreement between North and East Naples Fire
Control and Rescue Districts and Collier County for the Acquisition of
Land and the Construction and Operation of a Joint EMS and Fire and
Rescue Facility in Grey Oaks; and approve an Easement Agreement
between the District School Board of Collier County, North and East
Naples Fire Control and Rescue Districts and Collier County; and approve
a Purchase Agreement between the Halstatt Partnership, North and East
Naples Fire Control and Rescue Districts and Collier County; and approve
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November 13, 2001
a Donation Agreement between the Halstatt Partnership and Collier
County.
8)
Approve the purchase of equipment necessary to convert a 5 ton Mack
Truck to a Fire Service Brush Truck, designate Elite Fire and Safety
Equipment Inc. as sole source vendor, and approve Budget Amendments
to transfer and appropriate funds from Reserves for contingencies.
G. COUNTY MANAGER
1) Approval of a Budget Amendment Report - Budget Amendments #02-034;
#02-035; #02-049; #02-050.
H. AIRPORT AUTHORITY
1) To establish cash management policies for Airport Authority Operations
and Capital Projects.
I. BOARD OF COUNTY COMMISSIONERS
1) Confirmation of appointment of members to the Workforce Housing
Advisory Committee.
2) Commissioner request for approval for payment to attend function
serving a valid public purpose. (Commissioner Carter)
J. MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.: 92-
9232-MMA; 92-103'I2-MMA; 94-1412-CFA; 96-978-CFA; 96-1045-CFA, 97-
1448-CFA; 97-1630-CFA RECOMMEND APPROVAL.
K. OTHER CONSTITUTIONAL OFFICERS
1)
Request that the Board of County Commissioners elect to include a
Financial Audit of the Board Agency in the County's Comprehensive
Annual Financial Report as is required of each of the Constitutional
Officers.
2)
Recommendation to adopt the Budget Amendment appropriating
Carryforward and Expenditure Budgets for Open Purchase Orders at the
End of Fiscal Year 2001.
3)
Recommendation that the Collier County Board of County Commissioners
endorse the United States Department of Justice/Department of Treasury
Federal Equitable Sharing Annual Certification Report.
4) Request Board authorization and expenditure of funds for the purchase of
mobile data infrastructure for implementation of the mobile data project.
L. COUNTY ATTORNEY
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November 13, 2001
1)
2)
3)
4)
5)
Request by the Housing Finance Authority of Collier County for approval
of Resolutions authorizing the Authority to issue multi-family housing
revenue bonds to be used to finance qualifying apartment projects.
Request by the Housing Finance Authority of Collier County for approval
of a Resolution authorizing the Authority to issue multi-family housing
revenue bonds to be used to finance the acquisition of the Goodlette
Arms Apartments by a non-profit corporation.
Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcels 247 and 247T in the Lawsuit entitled Collier County
v. Tony Barry et al, (Golden Gate Boulevard, Project No. 63041).
Approve the Agreed Order awarding Expert Fees and Costs relative to the
Easement Acquisition of Parcel 30T in the Lawsuit entitled Collier County
v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5,
1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041).
Recommendation that the Board of County Commissioners approve the
expert fees associated with the Acquisition of Parcels 703A, 803A, & 803B
in the Lawsuit entitled Collier County v. Naples Italian American Club, Inc.,
et al, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine
Ridge Road to Vanderbilt Beach Road, Project No. 62031).
17.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A 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.
THIS ITEM WAS CONTINUED FROM THE OCTOBER 237 2001 BCC MEETING.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-2001-AR-620, Anita L. Jenkins,
AICP, of Wilson Miller Inc., representing Longbay Partners, L.L.C., requesting
a rezone from "A" Rural Agricultural and "PUD" to "PUD" Planned Unit
Development known as Mediterra having the effect of increasing acreage from
954+ acres to 1168+ acres, 0.64 units per acre, for property located
approximately one mile West of 1-75 along the North side of the Livingston
Road East/West Corridor in Sections 11 and 12, Township 48 South, Range 25
East, Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. RZ-2001-AR-1050, Greg Jeppesen, P.E.,
of Jeppesen Engineering Corporation, representing Michael G. laconelli and
Joan laconelli, requesting a rezone from "C-4" to "C-4" to remove a restriction
for access for property located on the East side of U.S. 41 East, between
Martin Street and Broward Street, further described as the South 1/2 of Lot 5,
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November 13, 2001
and Lot 6, Block 1, Naples Manor Lakes, in Section 29, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 0.85 acres+.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition VA-2001-AR-1311, John Enlow
representing Adam Hubschman requesting a one-foot after-the-fact variance
from the required side yard setback of 7.5 feet to 6.5 feet for the East side and
a 0.4 foot after-the-fact variance from the required side yard setback of 7.5 feet
to 7.1 feet for the West side of a single-family residence for a property located
at 1097 Frank Whiteman Boulevard and is further described as Lot 9, Block
"C", North Naples Highlands, Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition CU-2001-AR-990, Robert L.
Duane, Hole Montes, Inc., representing Big Corkscrew Island Fire Control
District requesting the approval of a Conditional Use for a fire section on a
parcel of land zoned "E" Estates District, the subject property is located at the
intersection of Immokalee Road and Everglades Boulevard and is further
described as Tract 129, Golden Gate Estates Unit 47, this parcel consists of
approximately 4.7 acres.
E. Adoption of a Scrivener's Error Ordinance to correct Ordinance No. 2001-54,
Amendments to the Consolidated Impact Fee Ordinance.
F. Amend the State Housing Initiatives Partnership (S.H.I.P.) Down Payment
Closing Cost Assistance Program for First-Time Homebuyers.
THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 27~ 2001 BCC
MEETING. Petition RZ-2001-AR-1208, William L. Hoover, AICP, of Hoover
Planning and Development, Inc. representing Larry J. and Marcy A. Gode
requesting a rezone from its current zoning classification of "C-3"
Commercial Intermediate Zoning District to "RMF-6" Residential Multi-Family
District for a property located on the North side of 109th Avenue North
approximately 275 feet West of Tamiami Trail North and is further described
as Lot 9, Block 2, Naples Park Unit 1, Section 28, Township 48 South, Range
25 East, Collier County, Florida. This site consists of 6750 square feet.
THIS ITEM WAS CONTINUED FROM THE NOVEMBER 137 2001 MEETING AND
IS FURTHER CONTINUED TO THE NOVEMBER 27~ 2001 BCC MEETING.
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.
18. ADJOURN
INQUIRIESCONCERNING CHANGESTOTHEBOARD'SAGENDASHOULDBE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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November 13, 2001
November 13,2001
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN CARTER: Good morning, ladies and gentlemen.
Welcome to the Board of County Commissioners meeting this
November the 13th. We are pleased that you're here to join us this
morning. I apologize for the brief delay in starting. I had the
privilege of being with Congressman Goss as he addressed the
chamber this morning. Also a couple of other very important people
will be here and be a part of that program that were part of that
breakfast. I see one has arrived. Sheriff Hunter who is going to be
giving us an update this morning, as well as we will be recognizing
Representative Dudley Goodlette. So as soon as they arrive we will
keep our agenda relatively on schedule.
And at this point I would like you to join with us in the
invocation and Pledge of Allegiance. The invocation will be given
by Deacon Charles Cox this morning.
DEACON COX: Dear God, we ask your blessings upon Collier
County and all of its members, all of its people. Especially Father we
ask your blessing upon this commission, this county commission, that
they may be endowed with the wisdom to conduct the business of this
great county in a matter in which will please Thee. In Christ's holy
and precious name I do pray. Amen.
CHAIRMAN CARTER: Amen.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER FIALA: I'm still glad we don't have to sing.
CHAIRMAN CARTER: This is a good thing we didn't have to
sing like the Kiwanis Club and probably truly is a blessing, folks. If
you've ever heard us in chorus, you would -- you would know.
Page 2
November 13,2001
First of all, this morning I would like to recognize our new
commissioner but because of paperwork he can't officially be sitting
on the dais with us this morning. Mr. Fred Coyl¢, will you stand. It
will be our privilege to welcome you to this commission.
(Applause.)
CHAIRMAN CARTER: And also to Mrs. Coyle--
Mrs. Cheryl Coyle that you would stand. She is such a wonderful
lady, and it would not be right if we didn't recognize her.
(Applause.)
CHAIRMAN CARTER: They're a great team, ladies and
gentlemen, and we will welcome them to this body.
Before I go on to the regular agenda and do things, I just want to
make a couple of comments. Congressman Porter Goss did address
the Naples Chamber this morning. It was absolutely an outstanding
update and presentation. I wish each and every one of you could
have been present to hear what he had to say. I have e-mailed him
via my way back asking if he would do this same presentation on
Channel 54 so that all of you might have the benefit of hearing these
words that have not been filtered through any other source. They
were direct. They were honest. They were right to the heart of
everything that we need to know.
And we are truly blessed to have a congressman of this stature
who represents not only this district but represents this country and
the important role that he is CalTying out with the great team that we
have in Washington. And I just tell you I still have tears in my eyes
by listening to that man this morning, because if I could only say it in
one thing, he's going to tell you the only fear that we have to be
afraid of is fear itself, and if we don't operate out of the play book
we'll be fine.
Because the real enemy here is not Afghanistan or bin Laden.
It's an international terrorist organization of which we must eradicate
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November 13,2001
from the face of this earth. And I am so pleased to hear him say of all
the nations that are coming to Washington and saying, "How can we
help?" This is a worldwide effort to try to eradicate this evil among
us and, believe me, we all just need to stay the course.
So we'll get that for you, and we'll move to our regular agenda,
but you should be proud if you're in this audience or listening this
morning that a person like Porter Goss is in Washington doing what
needs to be done, because that is really the heart of America.
All right. We need to go to our regular agenda and take a look
at today's agenda to find out, Mr. Olliff, what changes that you have
for us this morning.
MR. OLLIFF: Good morning, Mr. Chairman, Commissioners,
and commission appointees. Welcome to the board meeting. We've
got a list of changes that I'll walk you through this morning.
The first is obvious. As the chairman mentioned, because of
paperwork issues we're going to unfortunately have to continue Item
1-B as in "boy," which was the swearing in of the new commissioner
by Judge Brousseau, and we will continue that to your next county
commission meeting on November 27th of 2001.
Because there are only four commissioners we have had a
number of petitioners request continuances of items, primarily those
that require a supermajority vote. The first item would be Item 8-B,
as in "boy," which would be the Falling Waters Project, and I will tell
you that that was just a most recent call in by the petitioner, or we
would have done our best to try and notify other residents in the areas
and interested parties, but we have been requested by the developer to
continue that item to the meeting of November 27th.
Item 8-E, as in "Edward," is also being requested by the
petitioner to be continued to the meeting of November 27th. That
was the item asking for a rezoning from "A" agricultural to PUD for
the Terafina PUD on Immokalee Road.
Page 4
November 13,2001
Next item is an addition. It is Item 10-E, as in "Edward." It is a
request for an approval of a work order for Bonness, Inc., for a
sidewalk along Bluebill Avenue. That's at the staff's request.
The next item is a deletion off of your consent agenda, Mr.
Chairman. It is 16-B, as in "boy," 6. There was a work order
regarding some intersection improvements on Pine Ridge Road.
That's at staff's request that that item be deleted.
The next item is a continuance of 16-C-8. That's approving a
committee selection of firms for beach cleaning equipment. We're
asking that that item be continued. I don't have a date as to when that
will be continued, but I am assuming that's going to be the meeting of
November 27th.
We're adding Item 16-C-10, which is approval of payments of
emergency sewage pumping during the connection of a relocated 24-
inch wastewater force main on U.S. 41. That's at staff's request.
You need to make a note on Item 16-D, as in "David," 1; that is
the item for the annual public health contract. The contract is that as
it's currently drafted includes the $250,000 for the school nurse
program; however, due to the board's recent approval of a direct
interlocal agreement between the Collier County School Board and
Collier County, the funds for the school nurse program will be
remitted directly to the school board rather than passing through the
Public Health Department. As a result, the public health unit contract
will be reduced by that same $250,000.
The next item is Item 16-F, as in "Frank," 9. It's approval of a
lease purchase agreement between Collier County and Ford Motor
Company for a Ford truck for the Ochopee Fire Control District.
The last item, Mr. Chairman, which is not on your change list,
but I believe the County Attorney's Office needs to make some notes
to three of the items on your consent agenda.
COMMISSIONER FIALA: What was 10 again?
Page 5
November 13,2001
CHAIRMAN CARTER: The county attorney needs to make
some comments under three items on the consent agenda.
MR. WHITE: And I need to do that just on the record briefly --
Assistant County Attorney Patrick White -- as to consent Items 16-A-
4, 5 and 15; these are CDBG contracts. As a result of a very recent
meeting with the Clerk of Courts office, we were requested to make a
minor deletion of a reference of a purchasing order applying to
certain subcontracts. We've done that. The revised originals are
available for the chair's signature. We request you keep them on
consent unless there's some other reason why you'd need to pull
them. Thank you for allowing us to do that.
CHAIRMAN CARTER: So what-- as a reflection of just some
of what I'm going to call wordsmithing? MR. WHITE: Yes.
CHAIRMAN CARTER: Thank you.
MR. WHITE: Thank you.
MR. OLLIFF: Mr. Chairman, that's all our changes.
CHAIRMAN CARTER: Okay. Commissioners--
Commissioner Coletta.
COMMISSIONER COLETTA: Yes, I do have a couple I'd like
to see moved to the regular agenda. Some of these I just want a little
better explanation on when the time comes. 16-B-2, replacement of
two vehicles at Pelican Bay; 16-B-4, roadway paint marking, there's
nothing in the way of dollars over in the column to explain what the
cost is; 16-B-5, change order, Pine Ridge Road. That's not what you
just pulled, was it?
COMMISSIONER FIALA: No.
COMMISSIONER COLETTA: Change order Pine Ridge Road
for $11 million. I also want to discuss the
10 percent authorization to pay over. The 16-C-4, engineers service
contract. Once again, too, I don't see a dollar amount in there, but I
Page 6
November 13,2001
think just a brief explanation of that might suffice.
CHAIRMAN CARTER: Can we take those one at a time,
Commissioner, and see if the explanation will suffice or whether you
want to pull it from the agenda? Would that be appropriate, sir?
COMMISSIONER COLETTA: That would be just fine. Thank
yOU.
CHAIRMAN CARTER: Okay.
on my part?
MR. WEIGEL: That's just fine.
CHAIRMAN CARTER: Okay.
Mr. Weigel, is that appropriate
Thank you.
COMMISSIONER FIALA: You're not done, though, are you?
COMMISSIONER COLETTA: No, I'm not, but we can go
ahead and start over again.
CHAIRMAN CARTER: Maybe I just figure if I can take them
one at a time I would -- I won't get lost.
MR. OLLIFF: Mr. Chairman, it's probably easier from a staff
perspective just to move those to the regular agenda, and we can
cover them as we get to them but 16-B-2, which was the first change,
would become 10-F in your agenda. 16-B-4 would become 10-G.
COMMISSIONER COLETTA: I'm sorry, 10 --
MR. OLLIFF: 10-G. 16-B-5 would become 10-H; and 16-C-4
will become 10-I.
COMMISSIONER COLETTA: Yes. I'd also -- this is an
extremely long consent agenda, and that's why there's a number of
items here. 16-E-1 I think we need, the sheriffs department lease, I
would like to have a little clearer definition of what we're dealing
with there.
CHAIRMAN CARTER: I see a line through that. Was that
continued for some reason? I don't know. Okay. Go ahead, 16-E-1.
MR. OLLIFF: 16-E-1 will become 10-J.
COMMISSIONER COLETTA: And 16-E-8, temporary central
Page 7
November 13,2001
mail trailer, which is probably absolutely necessary, but I would like
to have some discussion on that.
MR. OLLIFF: That becomes Item 10-K.
COMMISSIONER COLETTA: And this is a small one, but still
it wasn't clear-- clear enough in the description that I would feel
comfortable without a little more definition; 16-E-11 create a part-
time clerical position for the senior volunteers.
MR. OLLIFF: That becomes 10-L, so 16-E-11 becomes Item
10-L.
COMMISSIONER COLETTA: And a point of clarification, 16-
F-3 and 16-F-4 I think were reversed in our agenda package here, and
I'd really -- I would like to pull the wireless area network EMS
$125,000. I'm a little confused. I thought we already had a state-of-
the-art radio system.
MR. OLLIFF: 16-F-3 would become 10-M.
COMMISSIONER COLETTA: 10 -- okay. And the last but not
least 16-F-7, the interlocal agreement three-way, 102,000.
MR. OLLIFF: That was 16-F-77
COMMISSIONER COLETTA: Yes.
MR. OLLIFF: That will become 10-N, as in "Nancy."
COMMISSIONER COLETTA: Thank you for your patience.
CHAIRMAN CARTER: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes. Jim actually already hit on a
couple of mine. I only have one left, and that was 16-D-1, and that
was the public health unit. I'd like to discuss that a little bit, please, a
breakdown on that.
MR. OLLIFF: That's 16-D-l, as in "David," becomes Item
10-O.
CHAIRMAN CARTER: Anything else, Commissioner?
COMMISSIONER FIALA: No, that's it.
CHAIRMAN CARTER: Okay. Commissioner Henning.
Page 8
November 13,2001
COMMISSIONER HENNING: I'm not sure if we have enough
letters in the alphabet.
CHAIRMAN CARTER: We're working on them. We can
probably double them when we go down here.
COMMISSIONER HENNING: I know the public has some
concerns about the consent agenda also, but along with my
colleagues I can cross out a lot on my list and just add 16-H-1, the
airport grants.
MR. OLLIFF: 16-H-1 will become 11-A.
COMMISSIONER FIALA: Oh.
CHAIRMAN CARTER: Anything else, Commissioner?
COMMISSIONER HENNING: No, that's it. Thank you.
CHAIRMAN CARTER: Okay. What's nice about going last is
you can get your list covered. So fine. I have no additions. I need to
-- before we have approval of the consent and summary agendas I
need to know if we have any registered public speakers.
Ms. Filson, do we have any registered public speakers on consent?
MS. FILSON: No, there isn't.
CHAIRMAN CARTER: Okay.
COMMISSIONER HENNING: Just a point of clarification, do
you want to continue something on the consent agenda?
AUDIENCE MEMBER: I was going to do it later. It's already
pulled.
COMMISSIONER HENNING: Okay.
MR. OLLIFF: I do need to point out for the record that there
were two time-certain items on the agenda as well just for the board's
information and for the listening public's information. At 10 a.m.
The Supervisor of Elections has requested to have her item heard, and
then the update from the sheriff would be the first regular item on the
agenda.
CHAIRMAN CARTER: Correct. All right. I move that we
Page 9
November 13,2001
approve today's regular consent and summary agenda.
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.
Page 10
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
November 13, 2001
CONTINUE ITEM I(B) to November 27, 2001 Meetinq: Swearing in of new
Commissioner by Judge Brousseau. (Staff request.)
CONTINUE ITEM 8(E) to November 27, 2001 Meetinq: This item was
continue from the October 23, 2001 BCC 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.)
ADD ITEM 10(E): Request approval of a Work Order for Bonness, Inc. for
the Bluebill Avenue sidewalk construction. (Staff request.)
DELETE ITEM 16(B)6: Approve Work Order No. BOC-FT-0201 with
Bonness, Inc., for intersection improvements on Pine Ridge Road, Project
No. 60049. (Staff request.)
CONTINUE ITEM 16(C)8: Approve Committee Selection of Firms for
Contract #01-3283 "Beach Cleaning Equipment". (Staff request.)
ADD ITEM 16(C)10: Approve payment for emergency sewage pumping
during the connection of a relocated 24" wastewater force main on U.S. 41,
Project 73045. (Staff request.)
CHANGE TO ITEM 16(D)1: The contract includes $250,000 for the School
Nurse Program. Due to recent Board approval of an interlocal agreement
with the Collier County School Board, the funds for the School Nurse
Program will be remitted directly to the School Board. The contract with
the Public Health Unit will be reduced by $250,000. (Staff request.)
ADD ITEM 16(F)9: Approve a lease purchase agreement between Collier
County, Florida and Ford Motor Credit Company for the purchase of a 2001
Ford Expedition by the Ochopee Fire Control District. (Staff request.)
November 13, 2001
Item #2B - K
MINUTES OF REGULAR MEETING OF 09/25/01, WORKSHOP
OF 09/26/01, VALUE ADJUSTMENT BOARD OF 10/03/01 AND
10/08/01, REGULAR MEETING OF 10/09/01, SPECIAL
MEETING OF 10/10/01, WORKSHOP OF 10/15/01 AND 10/16/01,
REGULAR MEETING OF 10/23/01, AND SPECIAL MEETING
OF 10/24/01 - APPROVED AS PRESENTED
COMMISSIONER HENNING: I move to accept the September
25th regular meeting, September 26th workshop, October 3rd Value
Adjustment Board, October 8th Value Adjustment Board, October
9th Regular Meeting, October 10th Special Meeting, October 15th
Workshop, October 16th workshop, October 3rd Regular Meeting,
and October 24th Special Meeting.
COMMISSIONER FIALA: And I'll second that.
CHAIRMAN CARTER: I have 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 4-0. Thank you.
All right. Now we move to proclamations.
Item #3A
PROCLAMATION PROCLAIMING NOVEMBER AS NATIONAL
EPILEPSY AWARENESS MONTH- ADOPTED
Page 11
November 13,2001
The first one we have is 3-A for the National Epilepsy
Awareness Month for November, Commissioner Fiala.
COMMISSIONER FIALA: Yes. Will the representative from
the Epilepsy Foundation please come forward.
MR. OLLIFF: I think it's noted that this item is going to be
delivered by U.S. Mail, so I don't think that there's going to be a
representative here.
COMMISSIONER FIALA: Oh, okay. Fine. Usually you see
Ruth Hubing sitting someplace in the audience, huh?
Whereas, epilepsy also known as seizure disorder has afflicted
mankind since the dawn of our species and has been recognized since
the earliest medical writing; and,
Whereas, as long as 400 B.C. Hippocrates the father of medicine
repudiated ancient beliefs that epilepsy was a visitation from the gods
and sacred or that it was a curse from the gods that people afflicted
with this disorder had prophetic powers. Hippocrates believed that
epilepsy was a brain disorder; and,
Whereas, a seizure is a sudden brief attack of altered
consciousness, motor activity, or sensory pneumonia -- I'm sorry,
sensory phenomena. Excuse me. It is a sign that certain brain cells,
neurons are discharging an excessive amount of electrical impulses;
and,
Whereas, epilepsy can be caused by injury to the brain, lack of
oxygen at birth, brain tumor, infection, or brain hemorrhage. In 60
percent of these cases the cause is unknown; and,
Whereas, epilepsy can afflict anyone at any age and at any time;
and,
Whereas, more than 2 million Americans are afflicted with some
type of epilepsy. Of this number 150,000 are Florida residents; and,
Whereas, with the administration of anticonvulsant drugs 2/3s or
66.66 percent of those afflicted with epilepsy are drug controlled;
Page 12
November 13,2001
and,
Whereas, lack of education about this disorder has contributed to
age-old myths, superstition, and prejudices; and,
Whereas, the stigma associated with this disorder is sometimes
worse than the disorder itself; and,
Whereas, people who have epilepsy make reliable and
conscientious workers in job performance, productivity, safety,
cooperation, and attendance; and,
Whereas, studies carried out in the United States over the past
30 years have indicated that of all disabilities epilepsy poses the
greatest barrier to unemployment with unemployment rates estimated
to fall between 20 and 25 percent; and,
Whereas, epilepsy should not be a barrier to success. In addition
to the normal requirements for success, a person who has epilepsy
needs the support of environment and employers who are willing to
give them an opportunity to become productive citizens.
Now, therefore be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of
November be designated as National Epilepsy Awareness Month.
Done and ordered this 13th day of November 2001. Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: We have a motion to approve by
Commissioner Fiala. I have a second by Commissioner Henning.
All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
(Applause)
Opposed by the same sign.
Motion carries. Thank you.
Page 13
November 13, 2001
Item #3B
PROCLAMATION PROCLAIMING NOVEMBER 16-22 AS
FARM-CITY WEEK- ADOPTED
CHAIRMAN CARTER: Moves us to our second proclamation
this morning. It is for the Farm City Week for the week of November
16 to 22. Commissioner Coletta.
COMMISSIONER COLETTA: Thank you, Chair Carter. The
agriculture is a very important component of Collier County, and I
think that now we're in an economic downturn we're going to
appreciate it even more. And with that note this proclamation.
Whereas, November 16th through 22nd is National Farm City
Week, a time set aside to recognize and honor the contributions of
our county's agriculture and to strengthen the bond between the urban
and rural citizen; and,
Whereas, in Collier County the high point of Farm City Week is
the annual Farm City barbecue sponsored through the efforts of
Collier County University Extension Service, Collier County Farm
Bureau, the Barron Collier Company and the Golden Gate,
Immokalee, and Naples area Chamber of Commerce; and,
Whereas, agriculture is an important element in Collier County
economic machine with total economic activity of over $300 million
annually; and,
Whereas, Collier County ranks 21st nationally out of the nation's
3,150 counties in total value of crops sold; and,
Whereas, the Board of County Commissioners supports local
agricultural through programs including cooperation with the
University of Florida Cooperative Extension Service; and,
Whereas, we encourage all citizens to pause and recognize the
contributions of our local farmers and ranchers to our economic
Page 14
November 13,2001
economy, our food supply and our society; and,
Therefore, be it proclaimed by the Board of Collier County
Commissioners that on behalf of the citizens of Collier County great
appreciation and honor is owed to all of this county's agriculturalists
and that November 16th through 22nd be designated as Farm City
Week.
Done and ordered this 13th day of November 2001.
And I'd like to make a motion of approval, one.
And, number two, I'd like to ask David Santee if he's available to step
forward.
CHAIRMAN CARTER: Okay. I have a motion for approval.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a pair of seconds.
Commissioner Henning and Fiala. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries.
(Applause.)
MR. OLLIFF: Mr. Simms, if I could get you to move to a
microphone so we can get it on the record.
CHAIRMAN CARTER: We need to get you right on public
record.
MR. SIMMS: Okay. On behalf of the Farm City Committee, I
would like to introduce the Oak Winn Miller Family as Collier
County's farm family of the year, for numerous years of tireless
commitment and dedication to Collier County and its agriculture.
(Applause.)
MR. SIMM: At this time I would like to invite all of you out for
our Farm City barbecue which is on November 21st. It's the day
Page 15
November 13,2001
before Thanksgiving. It's going to be located at the Collier County
Fairgrounds this year. Thank you. (Applause.)
CHAIRMAN CARTER: Well, if you haven't bought your
tickets yet, folks, this is the time to do it. It's a great event. I wouldn't
miss it for anything. I've had the privilege of making friends or losing
friends because I had to pass out the steak the last couple years. So,
let me tell you, it's a great event, and if you're not there you're really
going to miss a wonderful opportunity.
Item #3C
PROCLAMATION PROCLAIMING NOVEMBER 15, 2001 AS
AMERICA RECYCLES IN COLLIER COUNTY DAY-
ADOPTED
Our next proclamation is for the America Recycles in Collier
County, and this is presented by Commissioner Henning.
COMMISSIONER HENNING: Thank you. And I call up
Denise Kirk, solid waste recycling coordination. Thank you for
being here. Okay.
Whereas, we look forward to Thanksgiving, an annual
celebration of America's great bounty, and it's appropriate to observe
America Recycling Day and focus on how to preserve that bounty for
the benefit of the future generations; and,
Whereas, reducing waste, recycling waste and purchasing
products made from recyclable materials are among the easiest and
most effective measures every American can take to conserve our
resources and create a cleaner environment; and,
Whereas, buying recycled products conserves resources, reduce
water and air pollution, and greenhouse gas emissions -- I learned
Page 16
November 13,2001
something new today -- and saves energy; and,
Whereas, while beneficial for the environment -- the recycled
process -- it's goods for our economy and -- well, by promoting the
development of markets and creating jobs; and,
Whereas, America Recycles Days helps us unit environmental
community organizations, businesses, and industries and agents at the
level of government as partners in the vital efforts of keeping
recycling working.
Now; therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November 15th,
2001, be designated as American Recycling Day in Collier County.
Done in this order 13th day of November 2001. Signed by our
chairman.
Motion to approve, Mr. Chairman.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Henning. A second by Commissioner Fiala. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Okay.
(Applause.)
CHAIRMAN CARTER: Thank you. Thank you so much. Do
you have some words of wisdom for us this morning? MS. KIRK: Just a couple.
COMMISSIONER COLETTA: We didn't get the photo op.
Could you take one more second. Come back up. That was
something we were supposed to be conscious of. At the count of
three.
CHAIRMAN CARTER: And you're not supposed to be picking
Page 17
November 13,2001
your ear.
COMMISSIONER COLETTA: Right.
CHAIRMAN CARTER: All right. We now will move to -- no,
we're not. We're going to hear from you.
MS. KIRK: Thank you, Commissioners. The solid waste
management department appreciates your support of our waste
reduction and recycling efforts. To recognize America Recycles Day
the county will have -- will be represented by the solid waste
management department with a table at Coastland Mall on Thursday,
America Recycles Day, with information about recycling and another
of the solid waste management department's famous customer service
surveys. We're also celebrating America Recycles Day this week
with our very first electronic products roundup in coordination with
the City of Naples at the city site off Goodlette Road. That's on
Friday from 9 a.m. To 4 p.m. You can bring your old computers,
radios, televisions and telephones. Thanks again, Commissioners.
COMMISSIONER FIALA: When is that date?
MS. KIRK: Electronics recycling is on Friday.
COMMISSIONER FIALA: This coming Friday?
MS. KIRK: This coming Friday on the 16th from 9 a.m. To 4
p.m. At the City of Naples site.
COMMISSIONER FIALA: Great. Thank you.
MS. KIRK: Thank you.
CHAIRMAN CARTER: So if you want to get rid of all those
used computers and all that other stuff, this is the day to do it; right?
MS. KIRK: That's the day to do it.
CHAIRMAN CARTER: Okay. Thank you.
Item #4
EMPLOYEE SERVICE AWARDS- PRESENTED
Page 18
November 13,2001
All right. Now, we'll move to service awards. I always like to
say this is the heart and soul of any organization, the people who are
here, who work for us and spend a lot of hard, hard work and time
and energy to make this really a great county. So we're going to step
down here, and we're going to duly recognize these folks this
morning.
MR. OLLIFF: Mr. Chairman, as you're making your way down
to the floor, there are three employees that we're going to recognize
this morning. Two will receive five-year service awards, and if I
could I'd like to call Kenneth Haberkorn from EMS and William
Sims from your Fleet Management Department who are both
receiving awards for five years of continuing service. (Applause.)
MR. OLLIFF: In addition to these, Mr. Chairman, we have one
ten-year attendee this morning, Anthony Duesterhoeft from your
Fleet Management Department. (Applause.)
CHAIRMAN CARTER: Thank you, sir.
MR. DUESTERHOEFT: Thank you.
MR. OLLIFF: Mr. Chairman, that concludes our service awards
for this morning. Thank you very much.
Mr. Chairman, he is here.
Item #5A
COUNTY CHAMPION AWARD FROM THE FLORIDA
ASSOCIATION OF COUNTIES- PRESENTED TO REP.
DUDLEY GOODLETTE
CHAIRMAN CARTER: All right. I have the pleasure this
morning of a very special presentation. I understand he has arrived,
Page 19
November 13,2001
Representative Dudley Goodlette. There he is. Dudley, would you
step forward this morning. (Applause.)
CHAIRMAN CARTER: They have a prepared script for me,
Dudley, and it's really good, but I have to tell you that part of what
I'm going to say I'm just going to speak from me to you as a part of
what I have witnessed and seen, is that he's being presented the
County Champion Legislative Award. And I can't think of a higher
honor that anyone could receive and I can't think of a better person to
receive it than Representative Dudley Goodlette.
We hear about him in Tallahassee, but until you go and see him
operate on the house floor you haven't seen anything, because he
really does the job. And I can't think of a tougher job in the house
than what he does and, then on top of that, he has now been named
by the governor to chair the security chair -- be the security chair for
that commission from the house side as they look at statewide
security.
And, again, after what I heard this morning, I know that we are
in good hands with this gentleman to my right who has done so
much, not only for Collier County, but for the State of Florida.
So as they say I guess in the south, you do us proud,
Representative Goodlette, and the Florida Association of Counties
wants to bestow upon you this award this morning that during the
2001 session for the success of what you did in the legislature for the
priorities and initiatives of helping counties achieve what we need to
accomplish in a very, very difficult situation.
Dudley sits in a position where, you know, you're looking at a
statewide general fund, and he has to -- and he's hearing from the
counties that say, "This cost shifting is killing us." And Dudley says,
'Tve got X number of dollars to work with, where can I inflict the
least amount of pain?" And I think that's where it's going to get down
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November 13,2001
to.
We are recognizing you, the Florida Association of Counties, for
just doing a job that is almost impossible and as our president would
say so often, "We are ordinary men and women who are in positions
where we have to make difficult decisions." And you, Dudley,
exemplify that and the state legislature with the job that you're doing
for us. And you are a champion, not only for the legislature, for all
the counties. You are Collier County's champion.
And all of this is really great stuff, and they can tell you
everything in the world, and I'll let it be printed in the newspaper, and
you can read all about it, but we know how great you are. We know
how long you have served this county. We know the leader that you
are. And when you're valued -- you know, it's great to have values
and standards, and those are never really put on the line until you're
tested, and this man has had his tested and he stands tall in doing
what has to be done in a very, very difficult situation.
And if we just remember that when we get critical of the
legislative process that it's people like Dudley Goodlette at the state
level and it's people like Porter Goss at the national level, that's what
makes this country really work.
So let's take a deep breath and let's recognize the people who
really do the job. And, Dudley, you do an awesome job, and I am so
proud to be able to stand here this morning on behalf of the Florida
Association of Counties, the Board of County Commissioners and
say, Dudley Goodlette, here is something we will hope that you will
always hang in an office wherever you are that says, "We really value
you as a great person that you are and thank you, God bless you for
everything that you're doing." (Applause.)
CHAIRMAN CARTER: I know Dudley will have a few words
for us.
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November 13,2001
REPRESENTATIVE DUDLEY: Actually, I just want to thank
you for those kind remarks, Mr. Chairman. I -- I appreciate the fact
that the people in District 76 have honored me with permitting them
to -- permitting me to represent them in the Florida Legislature, and I
-- I obviously will cherish this recognition. Thank you very much.
CHAIRMAN CARTER: Thank you
(Applause.)
Item #13B
COMMUNITY WIDE SECURITY IMPROVEMENTS -
PRESENTED
CHAIRMAN CARTER: At the request of Sheriff Hunter, we
are moving this up on the agenda so that he can present to us this
morning as an update on what we're doing in Collier County in terms
of security. All the Commissioners have had the privilege of a
briefing, and we wanted to have this opportunity where Sheriff
Hunter could update you and let you know what we're doing in
Collier County. And I will say I'm really proud of this constitutional
officer who when they said, "We need a plan," Collier County was
the first plan in Tallahassee that says, "This is what we need to do."
So we, again, are have very, very proud of our Sheriff Don
Hunter who is going to update us on the security measures being
taken in this county and the State of Florida. Thank you.
SHERIFF HUNTER: Thanks for those kind words. While
Representative Goodlette is in the room -- and I imagine you can only
stay for a few moments -- wherever you went. There he is. My
eyesight's not what it used to be. Don't let that be any indicator of my
intent and conscientiousness.
But I would like to say as you have, Mr. Chairman, that we are
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November 13,2001
very fortunate to have in Dudley Goodlette a representative on the
House Select Committee on security; in fact, it's chair. And I will tell
you for purposes of calming the public that Representative Goodlette
has made an effort, in fact, three personal individual sessions with me
and I'm sure with other members of this state who are involved in
domestic security. He's made the effort to inform himself of what is
being done, what needs to be done, how we go about doing it, and he
is completely engaged. So I want to assure the public that we not only
have a voice in Tallahassee but a very persuasive one as you noted
when you see Representative Goodlette on the floor in debate. He
persuades the house and he pulls more than his weight. And I just
want to take this opportunity to tell him that we thank him as well as
a law enforcement group for the friendship as well as the
representation.
(Applause.)
SHERIFF HUNTER: I, like you, Mr. Chairman-- first of all, let
me apologize for not saying hello this morning. They were ushering
us to the seats, and I only realized later that I missed that opportunity.
So hello, good morning, and it was good to have you there as well. I
was very impressed with Congressman Goss's comments, and I
wanted to highlight a couple of them for the purposes of our public
and those people who weren't there.
First, I think it's very important and critical to put in perspective
this whole issue of terrorism.
We have a new lexicon now. Terrorism international, terrorism
state-sponsored, terrorism -- but it's important to know that Anthrax,
the Anthrax issue that we've been dealing with which, as
Congressman Goss said this morning, is a very significant thing in
the sense that it is has created tragedy in a number of families, but we
put it in perspective. It is certainly much less significant than the
fatal accidents and crashes that occur throughout our country every
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November 13, 2001
year. Thousands and thousands and thousands of accidents, crashes
that take people's lives.
We have had only a few victims of Anthrax to date. But it is
terror, and we have reason to believe that it's not international
terrorism, but rather terrorism spawned of the acts of September 11 th
by our local home-grown folks. And I want the public to know that
we are not in any way ignorant of the fact that there are people out
there beyond Mr. Bin Laden who have ill will towards this
government, whether they be allegedly citizens of this country or not.
And we are looking at all of those groups and we are prepared, we
believe, for all of those groups.
But as Congressman Goss said this morning, we cannot give 100
percent guarantees to the people of this nation that they will not be
subject to a terrorist act. All that we can do is prepare, do our due
diligence, speak to one another, communicate and try to prevent a
terrorist act and then should one occur to responsibly mitigate that
event and respond to the victims.
Finally, I thought it was very important Congressman --
Congressman Goss who sits on our intelligence committee made
mention of the fact that he believes in his years of experience with
the CIA and at Congress and sitting in these security briefings that
bin Laden lacks the sophistication and now probably the financial
support to carry out complex acts of terrorism. Rather, he is going to
likely work on us from the common features of our society, such as
commercial carriers. He will attempt to use those types of devices
against us, but he lacks the sophistication and probably the financial
support to carry out sophisticated complex acts of terrorism against
US.
And, finally, there are no credible threats imminent or otherwise
that have been identified on the scope to suggest that we need to take
immediate action to prevent some cataclysmic event from occurring
Page 24
November 13,2001
nationally or within this state. Again, Congressman Goss's
assessment of this as well as mine -- but I'd also like to add for
purposes of informing the public that we have a governor who is fully
engaged as well. The governor has conducted now, I believe it's three
briefings that I've been involved in, and when I say "conduct," I mean
conduct.
I've worked with four governors to date, and I have never seen
the type of leadership that I see at the governor's level as I see in
Governor Bush. He runs the meetings. He asks the questions. He
gives the directions. And I want to assure the public that we have a
committed chief executive in this state who knows what he's doing,
and we have that direct communication with Washington that I
believe other states might not enjoy. So we should be very secure in
that.
That's all the good side. On the bad side we have been certainly
aware of the fact-- we're told that information from the INS that
there may be 10,000 Middle Easterners in this country, 3,000 of them
in Florida. We don't have the ability today to look at the visa
situation and get from the INS specific information about who in our
state that's visiting whose visa has expired so that that individual
might be subjected to deportation. We are discovering them on a
case-by-case basis as we follow up the literally thousands of leads
that are being given to the task force at the regional level.
However, that having been said, we are working with
Congressman Goss to fix that situation. I've asked Representative
Goodlette of his opinions, and he has also agreed that we probably
could do some additional work on a number of areas, that being one.
Immediately after the event on September 1 lth for purposes of
public protection and public safety, we had staff meetings. I was
very fortunate to have already in our manuals the Y2K Plan which
was completed to protect us on the evening of the New Year. We
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November 13,2001
activated that plan and immediately went to those areas where we
thought we would have some vunerabilities.
Florida Power & Light was contacted, all of its main power
plants and power distribution locations. Sprint, our telephone system
because of communications and the inherent sensitivity that this
society has for communication. We contacted water plant managers,
airports. We locked all airports down to make certain that there were
no additional thefts of aircraft. And, of course, eventually there were
additional impositions about freedom to use your aircraft imposed by
FAA.
And we also began immediately conducting an assessment of
what are our critical sites where we believe compounds exist that
used in conjunction with one another or alone might represent a
hazard to the public. We were able to ID 230-plus sites that
maintained supplies of hazardous materials, but only about 36 of
those we considered to be of high criticality, and those are getting
extraordinary attention from law enforcement, not only working with
the site managers to provide for basic security, but they get extra
patrol and extra security from our agency.
We've also developed, actually, three things. I'll start with the
regional area. We are represented in a regional task force by this
county that's currently housed at Fort Myers, Florida, in the Florida
Department of Law Enforcement Offices. We have contributed three
investigators, experienced, trained investigators who each have a
different technical skill that are working on the leads developed in
this region. And as we all know, unfortunately, many of the problems
that we experienced September 11 th came out of this region; Venice,
Punta Gorda, the flight schools. We know that some of our assassins
were living on the East Coast as well as the West Coast of Florida.
So we are staying very busy, but we are working very well with the
FBI which is a member of this regional task force as well represented
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November 13,2001
by Greg Sheffield and the Florida Department of Law Enforcement.
We think we have a very good partnership with the federal,
state, and local resources. In fact, I would say that I've never seen in
20 years of law enforcement the level of cooperation that we are
seeing, not only in law enforcement but across all the spectrums of
public safety, emergency management, emergency medical services.
Importantly, the health department and the fire services are all
working very closely together, and we have constructed locally the
second tier, a local task force, that we're using as a vehicle to
determine not only what resources are available, assets to this county
for a response to a critical incident, but also to identify any training
needs that we may currently have as voids due to this new threat.
We are also identifying local trainers as well as regional and
state resources that can provide that training immediately. But I will
assure you, Mr. Chairman and Commission, that the members of my
agency, the members of emergency management, emergency medical
services, the health department and fire service have as their core
experience enough training and enough viability for a very specific
response. And we are working, as I said before, hand in glove to
prevent any significant event here.
We also have within the agency working groups that are doing --
that incorporate other elements of our public safety spectrum
including the health department, emergency management, emergency
medical service and fire. We're trying to do what-if scenario
development and then if-then scenarios. We're trying by way of that
to identify what sites in Collier County might be most likely targets
and how would a terrorist carry out an attack against that particular
site. That will give us information to protect that site, and we will
know better what types of resources to make that a safe place, a safe
site.
In the meantime, our crime prevention practitioners certified by
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November 13,2001
the State of Florida to help us prevent crime, and that's what terror is;
crime they are assessing the sites that we have already identified to
work with those site managers to better prepare the site managers to
prevent any -- any critical incident, and should a critical incident
occur, to be able to respond to it immediately and to limit and
mitigate the hazard.
In a broad way, that's where we are today. I hope that I have
given the impression which should be left with the public that a great,
great deal has been done already. The State of Florida is the very
first state to have a comprehensive plan to prevent terrorism and to
mitigate its outcomes on the President's desk. And we stand first in
line for grants. Grants and aid, training, and technical assistance
because of that comprehensive plan.
I want our public to know that we are quite prepared. We
cannot absolutely 100 percent guarantee that we won't have an event.
In fact, as I have communicated to this board and to the public, I
believe that, regrettably, in one way, Collier County represents a
pretty significant target with retired CEOs and COOs of major
corporations, top military brass are here. A terrorist act here could
commit -- could create a very significant national event, and we are
aware of that, and we are preparing ourselves to prevent that from
occurring here.
CHAIRMAN CARTER: Well, thank you very much, Sheriff
Hunter. Questions by the board.9
COMMISSIONER HENNING: No. Just a comment. I want to
thank you for taking the time out of your busy schedule to update us
on what's happening in the State of Florida as far as terrorism. It has,
I'm sure, rest assured a lot of people, our citizens here in Collier
County that we are moving forward and it's one of the top items that
the governor is dealing with.
SHERIFF HUNTER: Thank you, Commissioner. I did provide
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November 13,2001
you with one piece of material. I'm trying to provide some balance to
the edginess that we all feel.
CHAIRMAN CARTER: I appreciate that so much, Sheriff
Hunter, and I will send it to some local publications around the
county which often are looking for information to print, and what
they have been very gracious to do is print things in its entirety so
that your message gets through as you wanted it to. So thank you
very much for providing that.
SHERIFF HUNTER: You're welcome. If nothing further?
CHAIRMAN CARTER: Thank you very much.
COMMISSIONER FIALA: Thank you for taking care of us.
SHERIFF HUNTER: I will keep you informed. I will keep you
informed.
CHAIRMAN CARTER: All right. Thank you, sir.
(Applause.)
Item #13A
RFP 01-3257 DIRECT RECORDING ELECTRONIC VOTE
TABULATION SYSTEM SUPERVISOR OF ELECTIONS TO
NEGOTIATE CONTRACT
CHAIRMAN CARTER: We are at ten o'clock, and our
supervisor of elections, Jennifer Edwards, is in the room, and I know
she requested a time certain, and I would like to move to that item
and have her come forward and present to us.
MS. EDWARDS: Good morning.
CHAIRMAN CARTER: Good morning.
MS. EDWARDS: For the record, my name is Jennifer Edwards,
Supervisor of Elections. I'm here this morning to recommend to you
the voting system for Collier County for future voting. This change
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November 13,2001
-- just as a reminder, this change is coming about because of state
legislature de-certified the punch-card voting system and have told us
that we must have another system in place by September 2002.
The election staff along with members of the elections resource
committee began examining different voting systems about ten
months ago. This has been a long journey, a very serious journey for
us, because we know it's a very significant expenditure.
We followed the board's formal purchasing policy. A selection
committee was formed in August and approved by the county
manager. And the members of this selection committee are key
members of my staff who are responsible for significant functional
areas within our office. We developed a request for proposal and that
was distributed by the purchasing department, and we received seven
responses to that RFP.
The selection committee members thoroughly reviewed the
seven proposals, and from those seven we short listed to two
proposals, two systems. Those two systems are ES&S and Global.
We then had each of those two come into our office and perform a
mock election on individual days. And some of you were able to
come over and view those with us, and we appreciate that.
After the mock elections, we then individually
analyzed the pros and cons of each system, and what I did was direct
our staff to look at their functional areas and those two systems and
determine which of the systems would best provide service to the
county's voters between the two systems.
We met in public again and discussed the pros and
cons of the two systems, and we reached a consensus that ES&S is
the system for the future voting in Collier County. This is a system --
as a matter of fact, we were the 10th county to select this system, and
on the West Coast other counties that have selected ES&S include
Lee County, Charlotte County, Sarasota County, and Pascoe County.
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November 13,2001
Today I'm asking you to approve the selection of
ES&S, to authorize me along with staff members in purchasing as
well as the county attorney's office to negotiate a contract and to also
authorize the chairman to sign that contract once it is negotiated. I
also want to state that there is with this company a two-year warranty
period, but in the third year we will be required to pay a maintenance
fee for both the hardware and software. So in three years you will
see that added to my budget.
And now what I'd like to do is introduce to you
representatives from ES&S. We have with us today Gene Seitz and
A1 Bennick. Gene Seitz will speak to you first.
MR. SEITZ: Thank you, Jennifer. I am Gene Seitz from
Election Systems and Software, and I'd like to say thank you to
Collier County for having us here today.
I will try to make it fairly brief, but I wanted to say a few words
about Election Systems and Software.
We have been in the touch-screen election
appliance voting system application since 1993. So we've got lots of
experience with the touch-screen application. We are the world's
largest election company, and we do have 400 election-only
employees at Election Systems and Software.
We have a fairly new upgraded version of our touch-screen
system. It's called the Ivotronic. It's what was proposed to Collier
County. It's what the other ten counties in Florida have purchased.
What makes -- one of the applications that makes it so special is it
does have an audio component for your visually disabled, so if you
have people who come to the precinct who are visually disabled
they're allowed to put on a headphone and that ballot will actually be
read to them. They can go up and down the ballot and select their
candidates right on the system in the precinct. So that's one of the
newer applications that we've installed into the Ivotronic here for the
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November 13,2001
State of Florida and some of the counties that are around.
I'm going to have A1 -- if you don't mind -- I'm going to have A1
walk up and show you the system. The system he's showing you,
obviously -- excuse me, it goes in a voting booth kind of similar to
what you see now, but for just this demonstration purposes we're
going to just show you the terminal itself just so you can see how it
looks and how it responds.
COMMISSIONER FIALA: I got to do that, yeah, in your office
when I visited. I mean, in the elections office.
MR. SEITZ: Al, can you show them -- the -- can you kind of tilt
it so you can show the audio portion. If you see the buttons that go up
and down.
MR. BENNICK: The green button. This is the "go" button
essentially, and this is going to scroll it up, move it forward, and on
the side here we have a jack right here. This is where the headphones
go in. There's a flash card in the back on the back over here, a small
flash card where the voice files are programmed. Programming will
be done right here in Florida by a company that contracted with --
known as the Society or -- Recording for the Blind and Dyslexic.
They have 42 locations in Florida. We contract with them. It's a
local concern to do that recording. They do books and things like
that for the blind and dyslexics now.
COMMISSIONER FIALA: I notice that you have the blind --
the braille here.
MR. BENNICK: Yes, ma'am.
COMMISSIONER FIALA: How does the braille help them on
the touch screen?
MR. BENNICK: The screen-- when you're here the screen is
blank for the blind.
MR. SEITZ: As soon as you-- the question was -- is how can
you tell as the blind voter. As soon as the system recognizes the
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November 13,2001
audio input, it instantly -- the screen goes down, so then all it now is
hearing is audio. There's nothing visual.
COMMISSIONER FIALA: I see. And then it tells the blind
person what numbers to push or something?
MR. SEITZ: Well, what happens is once you are read the ballot,
as it's reading you through the candidates, you're allowed to toggle up
and down through the ballot, and once you hear the name of your
choice and the office, that diamond-shaped button, that's what you
would press to select that candidate. And once you select it, it'll read
back to you that you just voted for that particular candidate.
COMMISSIONER FIALA: That's a wonderful thing to even
allow blind people to vote.
MR. SEITZ: Yeah. And the election that we ran in Lee County
last Tuesday, they actually had four completely visually disabled
voters vote on the system. So that was in the precinct which is new.
Al, can you tilt it up and at least let them touch the screen so
they can kind of see --
MR. BENNICK: You can touch anywhere. We're just in
regular mode. If you want to deselect, you can touch that.
COMMISSIONER COLETTA: What's this?
MR. BENNICK: That's your personal electronic ballot.
MR. SEITZ: That's -- that's your PEB and one of your-- that is
what activates the unit to bring a ballot up on it. It's completely
proprietary so only the election staff will have that or the clerks in the
precinct, but really what that does is it allows you to interface the
ballot with the terminal and, like we said, it's completely proprietary
COMMISSIONER COLETTA: So it's not left in the machine?
MR. SEITZ: Nope. All it does is light the screen for the voter,
and then they go in and do their own voting.
I want to say briefly about A1 Bennick. A1 will oversee your
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November 13,2001
installation here in Collier County. A1 was a supervisor of elections
for 13 years himself. He came with the ES&S about three and a half
years ago, and Florida has been now his responsibility, and he will be
working closely with Jennifer and her office to install your new
voting system here in Collier County.
CHAIRMAN CARTER: Any questions by the Commissioners?
COMMISSIONER HENNING: Bottom line, dollar-wise.
MR. SEITZ: That -- I'm not sure of the bottom line. That I
don't know.
MS. EDWARDS: That is to be negotiated. That's what I'm
asking you to authorize me to do today along with members of the
purchasing staff as well as county attorney staff.
COMMISSIONER HENNING: Will this include help for a
number of years besides warranty, like, during elections somebody
from the company is going to be there?
COMMISSIONER COLETTA: Support.
MS. EDWARDS: Yes. We'll negotiate the support also in our
contract negotiations, but indeed we included it in our request for
proposal that their staff be here side by side with us in our first two
elections which will be the 2002 primary and general election.
COMMISSIONER HENNING: And you'll be coming back to
us for what you need in your budget for these items?
CHAIRMAN CARTER: I believe we already approved.
MS. EDWARDS: We currently have funds approved in the
capital budget for the initial purchase and the implementation. I will
be coming back to you annually in my budget with anything in
addition that we may need. And as I noted earlier in my presentation,
we in two years -- in the third year of this contract we will budget for
the maintenance of the hardware and software in our budget, but for
the first two years there is not an annual fee.
COMMISSIONER HENNING: Okay. I'm looking forward to
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November 13,2001
an update on this mandate that we've received from the State of
Florida.
CHAIRMAN CARTER: Well, unfortunately, the State of
Florida doesn't give us a lot of money towards the process. And,
Jennifer, I just want to complement you personally for what you have
done in a very difficult situation, to bring us the best technology
working with all the political entities in this -- in this county. With
Republicans and Democrats signed on to this and said this is the right
thing to do to make sure we've got the best voting system, not only
for today but for tomorrow. And I know all of us would feel a lot
happier if we didn't have to spend this money. I'd rather be spending
it on roads because the folks in West Palm had a little problem with
chads, but that's -- that's history. That's something we have to deal
with.
I do hope Palm Beach County does adopt this kind of system so
that they can get into the 21 st Century, but we'll have to wait and see.
MS. EDWARDS: Then, what I would ask you to do is authorize
me along with other county staff to negotiate the contract and to
authorize the chairman to sign that negotiated contract.
COMMISSIONER HENNING: I'll make a motion that we
authorize the election supervisor to go into negotiations.
COMMISSIONER FIALA: And I second that motion.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Henning. I have a second by Commissioner Fiala.
Any questions? We have any public speakers? I don't hear any. I
don't see any. I don't see any hands in the air. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries. Thank you so much.
Page 35
November 13,2001
yOU.
MS. EDWARDS: Thank you very much.
COMMISSIONER FIALA: Good luck on negotiations. Thank
Item #6A 1 - 14
PUBLIC COMMENTS ON GENERAL TOPICS
CHAIRMAN CARTER: All right. Ladies and gentlemen, we
will move back to our regular agenda order at this point. That is
going to take us to public petitions on general topics. We have public
comments on general topics, Item 6-A.
MS. FILSON: Yes, sir. You have 12 speakers under this item.
First is Dr. Fay Biles who would be followed by Dennis Vasey, and if
you could please come up and stand on board.
DR. BILES: Good morning, Commissioners. As Chairman of
EMSAC, which stands for the Emergency Medical Services Advisory
Council, I'm here today to address the fact that there are many
projects and programs being approved by the county commission but
on the consent agenda. There are not many times on the public
agenda and; therefore, open to public comment and for public
information.
When the manager's ordinance was published in the paper, I had
many calls stating that EMS had been reorganized by the county
manager in violation of Section J in the ordinance that says that all
reorganizations must be approved by the county commission.
The county manager announced through a press release that as
of today -- and I think I did write to all of you and sent you all the
accompanying materials. That release said, "Effective today County
Manager Tom Olliff announced a reorganization of the Collier
County Emergency Medical Services Department, EMS" and then
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November 13,2001
went on to say what that entailed.
I sent that to all of you, as I said, but now if we're following the
ordinance, which is law so to speak, then the EMS reorganization is
not legal unless it has to be approved by the county commission and
hopefully in a public meeting as an agenda item and not on the
consent agenda.
When the attorney's office sent representatives to educate us
about the Sunshine Law and we were given this booklet -- and it's a
very thick booklet that describes everything on the Sunshine Law;
public records, ethics, also emergency management. And then he
followed up and we asked him, "Well, what is the role of EMSAC?"
Our one attorney then sent us a description of what the role is, and as
I sent that to you, I just want to read that one excerpt from the
attorney's letter that said (as read): "The primary purpose of the
council"-- that is EMSAC --"is to provide advice and
recommendations to the Board of County Commissioners on all
aspects of emergency medical services in Collier County." Our
bylaws for EMSAC also state on the very first thing the purpose and
the objectives -- "to act as an advisory body to the Collier County
Board of County Commissioners hereafter called BCC on all aspects
of EMS in Collier County."
So it means that we take -- we take our role and responsibilities
very seriously, and we feel that by having some of these things
passed through by the consent agenda and not having it come to the
public for public comment and information is really a violation of our
bylaws and also the state statute.
On the issue of increasing -- I have two items I want to address
-- on the issue of increasing the transportation rates for the ambulance
and helicopters, that item was never on the agenda but, again, was on
the consent agenda. I did write to the chairman, and Chairman Carter
-- thank you very much -- did pull it until EMSAC could look at it as
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November 13, 2001
we have done in the past.
We found out that the rates were approved, but again, it came to
us through the paper. There was a press release. It was in the paper
that the increase in the fees for ambulance and helicopter service. An
add-on -- and then I followed through to say, "How could this happen
without our knowing about it?" And found out it was an add-on to
the consent agenda. And I thought that was only reserved for
emergencies. At least that's what I thought in past years. The public
has a right to know when something as important as the cost in their
health and safety programs are passed without any opportunity to
address the items.
Today, again -- and as Commissioner Henning noted there are
items on the consent agenda for the wireless and others that have
never come to EMSAC. Jeff Paige called me last night and said, I
understand. I read that in the paper and, of course, I think most of us
follow the agenda and the consent agenda in the paper and also on the
internet, and I check it every week and then watch you on television.
This public has a right to know that we are following the state
statute that, again, says EMSAC is to give advice and
recommendations on all aspects of emergency services. I must say
the callers were pretty strong and some of them were irate. One
caller stated that it was up to us to stop allowing programs to be
"sneaked through." And I said, "We're trying very hard not to have
that happen." And so it's time to change the approval process.
We take the role and responsibility of the advisory committees
and council seriously, and I think you know that many of us have
served on many of those committees and councils over the years. We
ask that the modus operandi of the county commission be changed to
consider the public's right to know, and we ask please that everything
be placed on the regular agenda so the public has a right to know
what it is.
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November 13,2001
(Applause.)
CHAIRMAN CARTER: Before we go to comments by
commissioners, I would like to answer some -- perhaps the legal
aspects of this and some of the administrative aspects to be clarified
for everyone.
DR. BILES: Thank you.
CHAIRMAN CARTER: All I do know is consent agenda is
public. I do ask for public comment on any item prior to approval,
but maybe that hasn't been communicated well. Mr. Weigel, will you
help us in the legal perspective, and then administrative I'll ask
Mr. Olliff.
DR. BILES: And I do thank you for your letter in return for
that.
CHAIRMAN CARTER: Well, thank you, Ms. Biles, for
bringing it to my attention.
MR. WEIGEL: Thank you. Mr. Chairman, the consent agenda
is a part of the agenda. We have two -- two parts in our agenda
generally as you look at it. There is the discussion aspect of the
agenda and the consent agenda for those items which have been
placed on the consent agenda which at least at the point of placement
is determined that the executive summaries and support information
is sufficient and that they are not considered necessary for discussion
by the submitting party, typically a county department. That's;
however, it has been, I think, the policy of the board working with the
county manager that -- and prior county managers -- that the consent
agenda is a part of the agenda which if anyone of the public or
anyone whosoever wishes to discuss that item merely places -- if it's
a public -- a speaker slip with the county manager's office or in this
case now with Sue Filson at this table. Or indicates to a
commissioner that they wish to have a question or discussion upon it.
Or if the commissioner, him or herself, desires to have discussion on
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November 13,2001
consent agenda items -- and this morning is a very good example of
that -- that item is moved to the regular agenda for discussion.
That doesn't mean; however, that the item will not be approved
or may be approved, and that option is always open. So if it's a
question of further communication in regard to the ability for any
interested individual to have an item placed in the agenda moved to
the regular agenda for full discussion, I'm sure that Mr. Olliff can
look to provide even additional written information on the agenda
index as well as Channel 54 and the other sources of information to
the public.
Another thing to note is that in terms of EMSAC having -- the
advisory committee having the ability to come before the board, and
previous opinion that came from our office analyzing their rule -- role
and responsibilities they are, in fact, exercising a part of their role this
morning in coming to the board and advising the board of its feelings,
contentions and issues pursuant to the charge that that committee has.
The question of whether everything that comes to the Board of
County Commissioners should come before EMSAC before it should
come to the board, at this point without further information, I would
say is something to be worked out with the county manager, the staff
liaison. It may be Mr. Paige, I believe, and EMSAC, but EMSAC is
no different than any other member of the public or the board that an
agenda is published and is available for them to see. The fact is, of
course, that EMSAC will be seeing those agendas just prior to the
meeting as is the case with every other -- other citizen. If there are
any further questions, I'll be happy to respond.
DR. BILES: May I just mention that this has nothing to do with
Jeff Paige, and I don't want -- because Jeff has to get the information
from two other people before it can come to EMSAC, so it's not his
problem.
CHAIRMAN CARTER: Oh, I understand, Dr. Biles. You
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November 13,2001
know, it's not a personal thing. It's a procedural process question that
you're raising and, believe me, I believe all the commissioners really
value that, and so we thank you again. Mr. Olliff, comments.
MR. OLLIFF: Briefly, I think that the board recognizes that
there's probably over 40 now advisory boards that function in the
county and -- and they all serve a unique and an important role. I'll
back up and talk about the consent agenda first I guess. The consent
agenda is certainly not meant to move things along without the
public's knowledge. That is -- that is not the intent or the purpose of
the consent agenda. The consent agenda is to try and provide an
opportunity for our routine-type approvals and in order to make the
Board of County Commissioners meetings run as efficiently as we
can. Obviously, if there are questions about anything on that consent
agenda, we encourage, not only board members, but the public, to
pull them and let us talk about them. The recommendations are a part
of the printed agenda. The executive summaries are included as part
of the printed agenda, and it's a balancing act, frankly, that we go
through in trying to make sure that there is enough time on your
agendas to talk about those items, that meaty-policy-type matters
versus those that are routine approvals in nature.
Whether these items that are on the consent agenda should or
shouldn't have gone through the Emergency Medical Services
Advisory Committee, that's something that we'll work out with the
Emergency Medical Services Advisory Committee. If they want to
see a greater level of detail in terms of the items that they're
reviewing, that's fine. We would be happy to send whatever level of
detail we think they want to have to them to take a look at.
This particular item, it was an item to purchase something off of
an existing state contract. That's probably in a staff level mind
something fairly standard and routine, but if it's something that the
EMSAC would like to take a look at, by all means, we'd make sure
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November 13,2001
that they take a look at it.
DR. BILES: We've always done that in the past, a detailed
survey of all the materials that come in and information on increased
rates.
CHAIRMAN CARTER: Okay. Questions, Commissioner
Fiala?
COMMISSIONER FIALA: I don't have a question, but in
regards to what Dr. Biles is saying, if I were a volunteer working on
an advisory committee, I would certainly want to know everything
that's going on in the department, or I would feel like my role is not
needed. So I -- I really agree with her. I think that we should be
passing those by. I did not realize that we were not.
COMMISSIONER COLETTA: If I may also add, I lean very
heavily on the opinion of advisory groups out there, and if they're ill
informed, then the opinions I get back from them might not have the
same meaning they should have. But I think we need to make every
diligent effort possible to keep them informed on an early basis --
even the thought process is going forward -- so that we can get a
feedback from them because the more commitment we have from the
public, the better off we all are.
COMMISSIONER FIALA: And I'll just add to that. You said
there were 40 of them, but that's because we can't do all that in-depth
work on each particular item, whereas these people are focusing on
one particular item. They then give us their -- their recommendations
for us to move forward, so I really appreciate that. Thank you.
MR. OLLIFF: Again, it's our hope with advisory committees
that we are trying to get the maximum benefit from having the public
participate in them, and we're trying our best to get them to focus on
the policy issues and the policy recommendations that will come in
front of you as well. So we think it's just as important for us to try
and make sure that they're spending their time as wisely on the big
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November 13,2001
issues, the important issues that are going to come in front of you for
decisions as well. So, again, like I say, it's a balancing act, and each
advisory board is a little different in terms of how much detail or
level of detail they want to get into, but whichever level they want to
be at, we're happy to comply with that. DR. BILES: Thank you.
CHAIRMAN CARTER: I think that's well stated,
Mr. Olliff. And in speaking for myself I know associating with a
number of advisory boards there is different levels that people want,
and I think it's our job to work with each advisory board, find out the
level of detail they want in order to properly advise us, and that's an
ongoing situation, because one board and its structure will want more
than another board.
MR. OLLIFF: Absolutely.
CHAIRMAN CARTER: So I think it behooves us to make sure
that we're on top of what each board wants.
MS. FILSON: The next speaker is Dennis Vasey, and he will be
followed by Eric Watler.
COMMISSIONER COLETTA: I'm going to interrupt for just
one second. Mr. Olliff, do you think we could be in continuous
communication with the governor's office to see if he may be able to
sign the papers for Commissioner -- our future Commissioner Mr.
Coyle and at that time it does happen we could immediately get him
up here on the dais?
COMMISSIONER COYLE: (From the audience.) That's
already underway. The telephone call was made about five minutes
ago.
COMMISSIONER COLETTA: That was Commissioner Coyle
who said it's well under way and the governor's office is keeping in
continuous contact with the county government.
CHAIRMAN CARTER: Mr. Vasey.
Page 43
November 13,2001
MR. VASEY: For the record, Dennis B. Vasey, a resident of
Collier County. Mr. Chairman, Commissioners, and ladies and
gentlemen, on April 9, 2001, a reorganization was implemented
without your approval, without public input, without EMS Advisory
Council review, and much to my surprise without any consultation
with Dr. Tober, the Collier County EMS Medical Director. I will
read parts of Dr. Tober's affidavit for the record. Dr. Tober can't be
here today and asked that his views be made public. Copies of his
affidavit were handed to the county attorney.
Quote (as read): "I, Robert B. Tober, M.D., am the medical
director of Collier County Emergency Medical Services, EMS, and
have held this position for 20 years. As a medical director of EMS,
all of the approximately 150 paramedics who provide emergency
medical care in Collier County do so under my authority and license.
"Collier County officials did not consult with me about the
removal of Diane Flagg as chief and director of the entire Collier
County EMS Department until after Ms. Flagg was removed from
this position. I was also not consulted about the creation of two EMS
department director positions where previously Ms. Flagg was chief
and director for the entire organization until after these changes were
made on April 9, 2001.
"As a medical director of EMS, I worked very closely with Ms.
Flagg during her seven-year tenure as chief and director of the entire
EMS department. Her performance as chief and her overall
leadership of the organization has been exemplary. In my opinion,
Collier County could not have had a better chief. She was the best
EMS director I have worked with during my 20 years as a medical
director of Collier County EMS.
"The reorganization of April 9, 2001, resulted in Ms. Flaggs
being assigned to a newly created position entitled EMS Director of
Administration. This position has minimal responsibilities, and in
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November 13,2001
my opinion, Collier County officials have severely diminished
Ms. Flagg's role within the Collier County EMS Department. As
medical director of EMS, I believe that I should have been consulted
about the removal of our EMS chief, especially one whose
performance has been as outstanding as Chief Flagg.
"The county manager and other county officials had ample
opportunity to discuss with me prior to
April 9, 2001, any concerns they may have had about Chief Flagg;
however, none were ever brought to my attention.
"I believe the conduct of Collier County officials regarding this
matter was poorly thought out, improper, and harmful to both Chief
Flagg and the Collier County EMS." That was signed by Robert
Boyd Tober, and ! end his quotes.
As a resident of Collier County, I echo what Dr. Tober had to
say and believe that the reorganization was ill conceived, does not
make any sense, and was clearly not done with the best interests of
the public in mind. Dr. Tober wasn't the only medical doctor who
considered the reorganization a big mistake.
In the Naples Daily News letter to the editor of August 25th, Dr.
James Boorstin stated that over 40 NCH doctors protested Diane
Flagg's removal as chief of EMS. He also stated under Ms. Flagg's
leadership Collier EMS was awarded best in the state, then best in the
country.
The shortest and best way for each of you to turn this tragic
episode into a fortune is to let your constituents see clearly that
having been advised of the facts you are willing to investigate the
issue and reverse the decision of those willing to place their own
goals ahead of the public good. Thank you.
CHAIRMAN CARTER: Thank you, Mr. Vasey. Before I
comment as a commissioner-- because this is in a lawsuit situation --
I feel compelled that I must ask legal advise before I can make any
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November 13,2001
comment, sir. It certainly is not out of any disrespect for what you
have said or Dr. Tober, but because of the position that I am in, I
must defer to counsel to find out where we are on this issue.
MR. VASEY: I believe counsel will tell you that you're not in
any litigation.
CHAIRMAN CARTER: Counsel, I thought there was an EEOC
suit filed that puts us in a situation.
MR. WEIGEL: We do have prelitigation and a matter -- and
potentially litigation underway right now in regard to Ms. Flagg with
the county. So I suggest, although you may want to give direction to
the county attorney office or other staff today, that any determinative
comments might be reserved at this point in time.
MR. VASEY: Thank you.
CHAIRMAN CARTER: Thank you, sir.
COMMISSIONER FIALA: I would like to just --
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: -- say Dennis has brought or Mr.
Vasey has brought up a very good point, and that is we have done
kind of a poor job of communicating, and I think we really need to
improve that. We're trying, but we have a long way to go, but thank
you for saying that anyway. We really have done --
MR. VASEY: You're welcome.
CHAIRMAN CARTER: Thank you, sir.
MS. FILSON: The next speaker is Eric Watler followed by
Janet Vasey.
COMMISSIONER HENNING: And if I could just say, Dr.
Tober hasn't come to the Board of Commissioners stating his ever
changing protocol and the cost that is incurred by the taxpayers. It is
a decision by the county manager on a day-to-day basis and how he
reorganizes his staff. That is -- in my opinion, that is his choice and
not the Board of Commissioners.
Page 46
November 13,2001
Thank you.
CHAIRMAN CARTER: Thank you, Commissioner Henning.
MR. WATLER: Good morning. My name is Eric Watler. I've
lived in Collier County for 20 years. I've seen a lot of it come and go,
and relative to the previous comments you might ask, what reasons
were given for the EMS reorganization and how is the reorganization
working today?
I passed out copies of the press releases for you there.
According to the April 9th document, the EMS reorganization
replaces one director with two directors in an effort to, quote, create a
more efficient operation of the EMS department and move toward
improving interfaces with other emergency service agencies in
Collier County.
As a former director of international support services for a major
computer corporation, I can assure you that operating with two
directors instead of one will not produce greater efficiency. In fact, it
will produce a lot of distress. Every human resources management
principle is offended by the confusion of having two directors over
one function. It's no accident that no other Collier County
organization has its leadership duality. And I assume improving
interfaces with other emergency service agencies means the
independent fire districts.
During Diane Flagg's tenure she developed and implemented
many partnership agreements with the fire district and city fire
department for single-vehicle response programs and advanced life-
support emergency programs. Since the reorganization the North
Naples Fire District has terminated the ALS partnership program
EMS. So now there are trained paramedics in North Naples Fire
District who are not providing paramedic services for citizens. That
does not sound like improving interfaces or better serving the people
of Collier County. It sounds like a substantially lower level of
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November 13,2001
service.
This broken partnership agreement with NNFD is particularly
ironic since North Naples Fire Commissioner Chris Lombardo met
with the county staff and all of you in the February, March time
frame and got what he wanted with the EMS reorganization and
Diane Flagg's removal. Considering the less than stellar reputation of
the NNFD management, the county would be wise to keep these
people at arm's length.
I draw your attention to the press release dated March the 20th,
Emergency Services Administrator Tom Storrar met with fire chiefs,
Commissioner Henning, Tom Olliff and Mike McNees to discuss
improved planning and coordination between fire departments and
Collier County EMS. Are you surprised that Chief of EMS, Diane
Flagg, did not attend? The medical director,
Dr. Tober, did not attend, and no member of the EMS advisory
council attended. Well, I'm not surprised.
The press release addresses delivering the highest level of
service possible to the citizens of Collier County, higher than the
service of the last two years when under Chief Flagg's leadership the
Collier County EMS won state and national awards, higher than
when Chief Flagg led the EMS organization to the best resuscitation
rate in the nation. It really don't make much sense. I might add that
this is one of the few organizations in the county that was working
well. Plus I would remind you Dr. Tober said he considers the
reorganization harmful to Collier County EMS.
The reorganization divides the EMS workload between the
director of operations who's responsible for day-to-day operations
and the director of administration; however, the division of labor
between the two directors defies logic and common sense. Consider
such functions as budget development and administration, payroll,
billing and revenue collection, and planning and construction of a
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November 13,2001
new EMS station. Are these functions under the director of
administration? No. These are all under the director of operations.
The director of operations supervises 155 employees of the
organization while the director of administration supervises 5; 115 to
5; 97 percent to 3 percent. Don't make much sense to me.
Diane Flagg's outstanding leadership is documented by state and
national awards, and now she's stuck in a tiny office supervising five
people. This situation deprives Collier County residents of Diane
Flagg's experience and expertise, yet the reorganization press release
calls it, quote (as read): "Better serving the people of Collier
County," unquote. I think that's absolutely ridiculous.
CHAIRMAN CARTER: Thank you for your comments, sir.
Just for correction for public record,
Mr. Lombardo never met with me. He scheduled meetings,
cancelled. He never met with me. Number two, stated by
Commissioner Henning, this was an administrative decision made. I
was briefed prior to it. Points that are brought up this morning are
well taken, and I appreciate those comments, but just for the public
record, I would like you to know those two facts.
Thank you.
MS. FILSON: The next speaker is Janet Vasey who will be
followed by Nick Hale.
MS. VASEY: Good morning, Commissioners. My name is
Janet Vasey, and I would like to clarify our position here. It is our
position that this is not an administrative decision. By the county
manager's own ordinance, this is a reorganization, and
reorganizations must come to the BCC for approval.
Now, I'm sure eventually you're going to ask David Weigel to
give a legal opinion on that. We have a legal opinion that says this is
a reorganization. The press release called it a reorganization, and that
should be approved by the BCC. Just to clarify what we're talking
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November 13,2001
about here.
COMMISSIONER HENNING:
that?
What ordinance number is
MS. VASEY: It's County Manager Ordinance -- I don't know,
93-72, Section 3, paragraph J. Now, you should have had a -- you
will have a copy of this handed out to you by the next speaker. I'm
sorry. We should have handed that earlier.
I hope you see the pattern here. Your county manager, Tom
Olliff, and his senior staff, Mike McNees who before he left and Tom
Storrar have intentionally violated county ordinance as well common
sense. The EMS reorganization was not reviewed or discussed with
the medical director under whose authority and license this program
operates. That's a huge mistake.
In violation of county ordinance, the EMS Advisory Council
was not consulted, as you heard from Fay Biles, and they have
advisory responsibility for this. And then, as I mentioned, by county
ordinance, the County Manager Ordinance, all the reorganizations
come to the BCC for approval. And just like golf course impact fees,
staff does not have the approval authority; only you do. And coming
to you for approval, if they're playing by the rules, means a publicly
noticed agenda item where the public has a chance to speak. And this
is the public, like, people whose lives have been saved by EMS. By
-- this is the public like those who know that with state and national
awards and the best resuscitation rate in the country, it ain't broke so
don't fix it. And, like, over 40 doctors whose patients have received
excellent EMS care over the years under Diane Flagg's leadership
who strongly opposed her removal.
I don't know if this is all new to you, but this is the situation, and
none of these people or organizations had input that they are entitled
to by our own county ordinance. The only input to this EMS
reorganization came from the fire districts who have their own
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November 13,2001
agenda. They want the EMS job, and you-all know that, so color
their input with self interest.
Now, do you think this whole thing was just one big mistake, or
do you think it was intentionally -- an intentional, carefully
orchestrated strategy, and that strategy was to implement the EMS
reorganization without any interference from those who have a legal
and professional responsibility in seeing the Collier County citizens
get the best possible EMS care.
Let me spell it out for you. It was intentional. It's about time
that you start holding your staff accountable for their actions. One of
the architects of this reorganization strategy has moved to Sarasota,
but Tom Storrar is still here. You can see the pattern here with the
EMS reorganization, and I know you've seen it with the illegal
actions of community development services, and future indictments
will bring that message home even more clearly.
It also occurred with the half-cent sales tax where intentionally
misleading information was put out to the public, specifically that a
50 percent increase in property taxes would be necessary if the sales
tax failed. Your staff let you go out into the community with that
message when it would never ever happen that way. And, again, here
I believe the chief architect of the sales tax strategy has moved away,
but you cannot allow your staff to operate in this manner.
But let me get back to the issue. This April 9th EMS
reorganization is not legal and should never have been implemented
without your approval at a formal BCC meeting; therefore, you
should direct that the EMS immediately return to its pre-April 9th
organization structure and personally return to their pre-April 9th
positions and personnel return to their pre-April 9th positions. If a
proposal for this ill-conceived poorly thought out and harmful EMS
reorganization is pursued in the future, it should be done according to
county ordinance with all the proper reviews and full opportunity for
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November 13,2001
public input.
This has been a very rough period in county government. Many
of you have said that things are changed now that you're in charge.
Well, a lot of things haven't changed, and you need to take charge,
and you need to ask the hard questions and get the right answers.
Thank you very much. (Applause.)
CHAIRMAN CARTER: Mr. Weigel, there were some
comments directed to you on this. I don't know if it's appropriate
now to have that discussion or whether we need to schedule this for a
future board meeting, but you may comment if you desire.
MR. WEIGEL: Okay, yes. Well, looking at the county
manager's office -- the county manager's ordinance, as I do
frequently, more lately, the fact is this board has to be very careful
about actions it takes in regard to the county manager because one
person's desire for an action of the board to change employees might
be interference under the ordinance under another aspect. So it's
something I would rather look at a little bit and reply back to you and
to Mr. Olliff, and it sounds like you stated that the board may
consider bringing this back on a board meeting, and in a concerted
way with Mr. Olliff we would assist in providing for recommending
an agenda item or any other recommendation that we see based upon
all the facts that we review here.
CHAIRMAN CARTER: I'm only saying as one commissioner,
that was my question and opinion, but there are three other seated
commissioners here that certainly may feel different.
MS. FILSON: The next speaker is Mr. Nick Hale who will be
followed by William Boggess.
MR. HALE: Good morning. I'm Nick Hale. I guess you're
wondering how much worse it can get. So far you've heard the
medical director, Dr. Tober, disagrees with the reorganization. Over
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November 13,2001
40 doctors whose patients have 'undoubtedly received expert EMS
care under Diane Flagg's leadership disagree with the reorganization.
You've heard the medical director, EMS Advisory Council, and the
public didn't have any input.
Apparently the fire chiefs, one of whom can't explain where
$80,000 went, Tom Storrar's March 20th meeting and North Naples
Fire Commissioner Chris Lombardo who appointed Mr. Teflon Tobin
who can't find the $80,000, you and county staff had the only input to
this reorganization decision. Did anyone else have any input to the
decision to reorganize and remove Diane Flagg?
Well, according to a report, County Manager Tom Olliff said
that four out of five commissioners came to him saying they were
uncomfortable with Diane Flagg's power. Before you object let me
read a statement from Terry Ortengren, a 21-year veteran with Collier
County EMS who resigned this year to go to Colorado. She was an
ESM commander and moved there with her family when her
husband's job moved there. Mr. Weigel has given you copies of
Terry's statement which she is more than willing to make under oath
to the special prosecutor or anyone else in authority.
This is what she wrote (as read): "Collier County employed me
for 20 years in the EMS Department. I worked under Chief Flagg as a
commander from 1993 to 2001. I resigned in August 2001 due to my
husband relocating for employment purposes. On August 27, 2001, I
had an exit interview with County Manager Olliff. During this
interview Mr. Olliff informed me of the reason he reorganized the
EMS Department. He stated, quote, 'Four out of five county
commissioners came to me and told me that Diane Flagg had too
much power and sometime -- something needed to be done with her,'
close quote. He also told me that several fire chiefs asked that she be
removed.
"During the time that Diane Flagg was chief of EMS, we
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November 13,2001
attained two prestigious awards. The first in 1999 as State of Florida
EMS Provider, and the second in 2000 as National EMS Provider" --
national. "Our EMS Department also has the best resuscitation rate
of cardiac arrest patients in the United States." As we grow older,
that becomes more important. "Chief Flagg always managed our
department by fact, and strived to maintain world-class patient care.
Meeting the needs of the community was always top priority.
Apparently her superiors agreed with me by giving her outstanding
performance ratings, however, on April 9, 2001, without a valid
reason from the county manager, our nationally recognized
department was reorganized and Chief Flagg was removed to an
insignificant position."
That's the end of Terry's letter. You-all have copies. I draw
your attention to the County Manager Ordinance which you've
attached to Terry's comments. Section 3, paragraph 3 which reads (as
read): "No county commissioner shall direct or request the
appointment of any person to or his removal from office by the
county administrator or in any manner take part in the appointment or
removal of officers or employees in the administrative services of the
county except as provided in this ordinance. A violation of the
provisions of this section shall constitute malfeasance within the
meaning of Article IV, section 7(a) of the Florida Constitution. A
violation of the section shall also be a violation of this ordinance and
shall be punishable by a fine not to exceed $500 and by imprisonment
in the county jail not to exceed 60 days or by both, or as otherwise
provided by law."
Terry Ortengren's prepared to testify to her statement. I suggest
each of you consider whether you are one of those four
commissioners mentioned in Terry's statement and whether you can
say under oath that you did not direct or request the removal of Diane
Flagg as Chief and Director of EMS. The law has again been
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November 13,2001
violated, again deliberately.
you very much.
CHAIRMAN CARTER:
please.
MS. FILSON:
by Gil Erlichman.
So did you do it or didn't you? Thank
Thank you, Mr. Hale. Next speaker,
The next speaker is William Boggess followed
CHAIRMAN CARTER: Good morning. For the record, my
name is Bill Boggess of 1100 Eighth Avenue South, Naples. I might
add I've edited my presentation as opposed to what you have up
there.
One week and about four hours ago I voted as the 71 percent
did. We had been deluged with unwanted messages and mailings
being forced upon us by your staff and supporters such as Dick
Lyydon who once chaired the beach committee and continually
virtually voted to do nothing about illegal beach rocks during his
chairmanship and is still fighting any correction of our 50 percent
failed beach project. That is 20 percent not built, 30 percent with
illegal rocks. We would like to work with your Colonel Jim Mudd to
correct this beach rock problem that the commission cast upon the
public January 23rd, 1996, when your commissioners advised by
staff of two licensed engineers, County Manager Neil Dorrill in the
presence of County Attorney Dave Weigel to vote unanimously to
bury known illegal rocks in our beaches. Some 40,000 cubic yards
were buried of which only 19,000 have been removed. After six
years; one, we know where these rocks are; two, we know how to get
them out of the beach and surf; three, we know how much it will cost
to do the work; four, we know how to finance the work; and, five, we
are willing to share that -- to share what we have learned over these
past six years with each one of you individually and with your new
and third beach staff who are naturally unfamiliar with this six-year
problem. Doing this, of course, at no cost to the taxpayer.
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November 13,2001
Your public once before was told by the county commission and
staffers at another election nine years earlier of all the good things to
happen if we were only to pass the bed-tax referendum that
November 1992. We did. We voted in favor by over 70 percent, a
similar percentage as your latest went down in defeat, and since have
learned how hollow the words uttered before that election really
were. Then followed with misdeeds and misdirected spending of
millions by county commission and staff.
Those details become abundantly clear as one enters Gulf of
Mexico at rocky areas of Collier County's failed beach project.
Collier County residents sorely need you, our commissioners, to
become accountable. One way would be to fix the beach and live up
to the 1992 pledge which got you that bed tax you so enjoy today.
Thank you for allowing me to speak. I'll await invitations to
visit with each of you to provide in detail how best our beach and surf
can be economically corrected and completed so that our residents,
our snowbirds, and our highly sought tourist trade can once again
enjoy all of our beach and surf. Thank you.
CHAIRMAN CARTER: Thank you, sir. How are you doing,
Recorder? You need a break? I know you do. We'll take ten minutes
and allow our recorder to rest her fingers, and we will be back in ten.
(Short recess taken.)
CHAIRMAN CARTER: If you will all have your seats, ladies
and gentlemen.
MS. FILSON: The next speaker is Gil Erlichman followed by
Howard Matson.
CHAIRMAN CARTER: Thank you, Mr. Erlichman.
Thank you for your patience.
MR. ERLICHMAN: I got one minute time remaining up here.
COMMISSIONER HENNING: Take six minutes.
MS. FILSON: They'll fix it.
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November 13,2001
CHAIRMAN CARTER: We'll give you what we give
everybody else, sir.
MR. ERLICHMAN: My name is Erlichman. I live in East
Naples. I'm a taxpayer and voter in Collier County. The solitary
ballot question in an off-year election cost the taxpayers of Collier
County $280,000. The solitary-ballot question I'm referring to is the
half-penny sales tax. Why couldn't we have had a mail-in ballot? I
want Mr. Bader, the Collier County Director of Transportation who
spent much time as a shill or to Keep Collier Moving PAC to be paid
for his time by the PAC instead of the taxpayer.
Why did the county use taxpayers' money to pay for leaflets to
promote the sales tax that was stuffed in the county employees'
paycheck envelopes? I object to the exploitation of the county TV
Channel 54 which is now Channel 12 under the new change by
Comcast. It's Channel 12, Collier County channel. Channel 11 is the
City of Naples channel. I object to the exploitation of the County TV
Channel 54 to promote sales tax and not let anti-tax organizations
have equal time on the air. To Keep Collier Moving PAC was not
required by law to list names of the donors prior to the election.
We're going to have to wait until January for that information.
Increase the impact fees and collect them. Stop catering to
builders and developers, including people who are under criminal
investigation as per the following letter which I will read. This is
written on Collier County Manager's Office stationary dated
September 24, 2001. Addressed to W. Neil Dorrill, president.
Dorrill Community Management, 5645 Strand Boulevard, Naples,
Florida, 34110.
(As read): "Dear Mr. Dorrill, while the county staff is still
proceeding with the proposed ordinances for BCC consideration"--
that's the Board of County Commissioners -- "for a Livingston Road
and county-wide MSTU for roadway landscaping, we are planning to
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November 13,2001
slow the process down slightly. Because the related half-penny
referendum is scheduled for early November, it is believed that any
public discussion of either ordinance has the potential to create
confusion in the minds -- the mind of the voters. We must -- pardon
me. We are committed to having the board decide on these two issues
of landscape MSTUs but are now planning to proceed to the board in
November rather than October.
"We hope that you would understand the reason for the change
and would notify any other interested parties of this slight change and
the reasons for it. In the interim we will continue to finalize the
ordinances and insure that we are in a position to have this presented
as scheduled. Should you have any questions regarding this please
do not hesitate to call. Sincerely, Thomas W. Olliff, County
Manager."
Now, I don't know whether most of you people know it, but an
MSTU can have an ad -- add an ad valorem tax without a
referendum.
CHAIRMAN CARTER: That's true. And I'll give you time to
finish, sir, but also it is a footprint in an area where 50 plus 1 of the
people make that decision in a community to do that. MR. ERLICHMAN: This is county-wide.
CHAIRMAN CARTER: It is their prerogative. Well, same
issues would apply, sir. It is something that the voters decide and
implement in their local communities at this point, and they have a
right to do that either to -- to approve it or deny it. Once it's in place,
you are right. They can have that limit of that, that is criteria. MR. ERLICHMAN: What is in place, sir?
CHAIRMAN CARTER: Their MSTU. They have a right to do
that, because that is the way it was voted on to be established in the
first place.
MR. ERLICHMAN: So an MSTU can add -- have -- add ad
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November 13,2001
valorem taxes without a referendum?
CHAIRMAN CARTER: They can, sir, and that is what they
vote on when they establish it in their community. They have a right
to do that. That is correct. Isn't legal counsel --
MR. ERLICHMAN: Well, the letter speaks for itself, sir.
CHAIRMAN CARTER: Well, the letter was one issue at one
time that has never come in front of the board, and until such a
discussion would be held in front of the board, sir, I don't think at any
point or any commissioner here would be ready to make a decision. I
certainly am not, because I'm operating on what neighborhoods want
with their MSTUs.
MR. ERLICHMAN: I will end my presentation --
CHAIRMAN CARTER: You may have your time, sir. I
apologize for the interruption.
MR. ERLICHMAN: I don't need much more time, sir. I will
end my presentation by stating corruption, corruption, corruption, thy
name is Collier County.
COMMISSIONER HENNING: Gil, one comment that he made
is -- is about the impact fees and talking with some of our staff, and
we need to get a legal interpretation about impact fees and how much
we can raise them. Can we go back and collect those road impact
fees that wasn't implemented in the early '90s?
MR. ERLICHMAN: I never said that. I said increase road
impact fees and collect them.
COMMISSIONER HENNING: Right. And I'm saying is we
can't use present impact fees to use them for a deficit that we have
here in Collier County. What I'm saying --
MR. ERLICHMAN: I'm not saying that, sir.
COMMISSIONER HENNING: What I'm saying is, let's go
back and see if we can collect those impact fees that wasn't -- I think
people got a benefit out of low impact fees in the '90s.
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November 13,2001
MR. ERI.ICHMAN: You mean to tell me there is still
uncollected impact fees out there?
COMMISSIONER HENNING: No.
CHAIRMAN CARTER: I think we're confusing the issue here.
I believe Commissioner Henning is saying, under the law today we
have maxed our impact fees and collect today on everything that is
being built in that region where it's applied to. And you know that
very well, sir. What he is suggesting -- and legal counsel and law
would have to determine that -- can you go backwards and retroactive
impact fees in a period where they were not raised? MR. ERLICHMAN: No, you cannot.
CHAIRMAN CARTER: I would -- I would have to say -- I'm
not a lawyer. I don't think so from what I understand.
MR. ERLICHMAN: You cannot do that. What I'm saying
increase impact fees from today forward. That's all. That's all I'm
asking.
CHAIRMAN CARTER: And we will, sir, in year 2002. We
will review and we will raise them as we can.
COMMISSIONER FIALA: Let me just suggest --
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: -- or add that Norm Feder and I had
a very nice meeting the other day. What we have to do in order to
raise those impact fees -- and we are going to do that -- is we have to
reassess the limits and -- in Collier County, and we're getting to that
now so that in the beginning of next year we can readdress the road
impact fees. Thank you.
MS. FILSON: The next speaker is Howard Matsol (phonetic).
MR. MATSON: Matson, M-a-t-s-o-n.
MS. FILSON: And he will be followed by Herb Luntz.
MR. MATSON: This is my -- this is my third appearance
before the Board of County Commissioners, and I will add that my
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November 13,2001
experience of each of the first two was less than rewarding, and I
consider the decisions made by BCC without proper information
from senior staff members. I don't think it's proper for county
employees to advise if we don't like the decisions then we can
comment to the board under this section, public comments on general
topics and appeal to the courts.
I am speaking today under public comments and general topics.
At the September 25th, 2001, Board of County Commissioners
meeting, Commissioner Mac'Kie was very proper commenting that --
about the bad taste, the finger pointing and accusations made at the
same public meeting. I will not even remotely consider doing this;
however, I will pose a question to Commissioner Mac'Kie and others,
why the county manager calls Zoning Petition CU-01AR-1156 did
not require the petition to be read to the commission and then call on
myself as a registered member of the Lely Country Club Property
Owners Association against the zoning change to allow increase in
capacity of Skywalk, which is the South Sewer Plant, from 8 million
gallons to 16 million gallons.
I present myself at the podium and spend my allotted speaking
time to read the details of the appeal items for a petition the board
had not publicly heard. Please review the videotape of that hearing
or a glimpse and see how well-informed property owner and engineer
with 40 years experience that included both public, the State of
Michigan and Army Engineer in Europe, the Phillipines and Korea.
Commissioner Mac'Kie -- I'm sorry, Commissioner Pam
Mac'Kie was on watch from the time Skywalk was started until her
recent resignation. Other commissioners had lesser time on it. I filed
-- when I say "I," I represent Lely Country Club Property Owners
Association, which is some 733 property owners. I filed-- I was told
that the proper way to do this is file with the county planning board,
Collier County Planning Board. I filed -- we filed a petition with our
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November 13,2001
objections on September 7th, 2001. I won't read the objections
because the commission is going to be furnished a packet of all the
details later. We had several objections into that. The -- there was no
answer from the Collier County Planning Board.
I read in the Sunday paper proceeding September 25th that the
board, the BCC, was going to hear this as an item. So I come up and
I spoke and this was my reference to how well I was treated. I still
did not -- I still have not received an answer from this. All right. I
was very dissatisfied, very disappointed in that meeting, and I sent a
letter to county manager. And I'll read part of it (as read): "The Lely
County Club Property Owners Association will furnish each member
of the Board of County Commissioners in writing with complete
details and pictures of the planning, construction, operation, curb
problem, and directly related stormwater drainage problems of the
adjacent Lely managed drainage ditch, the South County Water
Reclamation Facility so that a meaningful decision can be made on
this zoning change at a public hearing."
I will add we had a severe storm on September 28th. Okay. Our
area LCC PLA which includes basically St. Andrews Boulevard,
Augusta from Rattlesnake Hammock to Forest Hills and
encompassed (inaudible) was completely flooded with 6.9 inches of
rain. This was no way in comparison to the disaster rain that we had
in August 1995 in which I have made continual references in which
John Boldt had done a very fine job on his workshop. You heard me
there backing him up. John Boldt has done a fine job. Norm Feder
has done a fine job in supporting John Boldt. This was a disaster
flood where everything was flooded and Skywalk was just being
started. The area didn't open up for a week. I lost the engine in my
car, $4,500 worth. I will be brief. Okay.
CHAIRMAN CARTER: That's all right, sir. Please finish.
MR. MATSON: Anyway, so I just point this out. All right.
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Now, this letter was given to Tom Olliff and Assistant Director
Mudd. And this is the crux of what it says. All right. The next thing
I get back is an answer from John Dunnuck, Interim County
Community Development Environmental Service Administrator.
Now, John Dunnuck was on board when this whole Skywalk started.
All right. It was his crew that provided -- that did not provide the
necessary information to the board. All right.
Now, here comes the second letter. This is dated October 26th,
and I will read just parts of it because you will have a total package
(as read): "While I understand-- let's see, under the land
development codes BZA, which is Board of Zoning Appeals, which
is yourself, decides all conditional uses pursuant to the code -- code
of laws and ordinance of conducted use of a citizen of the BZA.
Okay. The only right of appeal of conditional uses of the BZA is to
the circuit court. Such appeals must be filed within 30 days." And
then he goes on to say how hard my staff has worked.
I mean, we keep continually hearing -- I will close and say that
we had a townhall meeting April 12th, 2001. Three commissioners
were invited. Para Mac'Kie was because she was on board. That was
her watch the entire time that Skywalk was started, all through it, and
all through this stuff. We heard nothing back from her. One other
commissioner sent his regrets and one attended.
And all I'm saying is in this letter-- it's going to be a lengthy
letter. It's going to have pictures. It's going to have a lot of
information, but we cannot go into this where there is three junior
commissioners that have less than a year. There's a new one that's
going to be appointed. So that's four out of the five that do not have
sufficient information on this.
This will be supplied by Lely Country Club Property Owners
Association with pictures and when you have had a chance -- and
many words -- when you have had a chance to digest that, the only
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November 13,2001
thing I ask for is a public hearing where we will call on staff
members to answer questions.
CHAIRMAN CARTER:
Next speaker, please.
MS. FILSON:
Agoston.
MR. LUNTZ:
Thank you.
Thank you, sir, for your comments.
Next speaker is Herb Luntz followed by Ty
Mr. Chairman, Members of the Board, we're
going to change pace a little bit right now. I'm here for only one
reason, and that's to thank this Board of County Commissioners and
the County Manager Tom Olliff for the incredible event that you
folks sponsored on Saturday night, the 10th, out at Sugden. The
newspaper claimed that we had 300 people there, but Mr. Chairman,
you know there were at least 3,000 people there. So they left a zero
off. But I think that everyone that was there had a wonderful time
and we set a tone of patriotism for the weekend which, of course, was
well deserved because we honored the veterans on Veterans' Day
Weekend, and we honored firefighters and EMS personnel and
police.
And in addition to that, you folks helped us with the Sunday
activity, with the parade downtown, which I didn't have a chance to
see because I was up in the front banging on the drum, but apparently
the people did a good job and apparently the community liked it. And
I'm going to publicly thank a few people by name and -- since I have
the mike I guess I can get away with this, Mr. Chairman.
CHAIRMAN CARTER: Yes, sir.
MR. LUNTZ: All right. First of all, I want to thank
Commissioner Coletta. He was one of our marshalls, as you know,
and he drove a golf cart and helped put it together, and you were also
one of our stalwarts on a golf cart making it all happen. Jim Thomas,
the athletic supervisor for county parks and rec and, of course, the
one and only John Vite (phonetic) who's been my right arm in these
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November 13,2001
patriotic events for 20 years. And Annie was incredible as well, and
we understand that she's going to want to be doing some things in
Immokalee coming up pretty soon, and I've offered to help them do
that. Whatever we have to do to help those people.
So thank you on behalf of our committee, and thank you on
behalf of our community. We could not have done this without your
help and, Tom, thank you for all of your support. You made it
happen my friend. Thank you very much.
AUDIENCE MEMBER: And what's your name?
MR. LUNTZ: For the record, I'm Herb Luntz.
CHAIRMAN CARTER: What a wonderful -- any of you who
missed the events at Sugden or the parade, you really missed
something. It was an awesome concert on Saturday night, and if
you've wanted every ounce of blood stimulated for patriotism, you
had it happen that night. There wasn't a dry eye in the house, and the
parade was phenomenal.
They let Commissioner Coletta drive a golf cart. My license has
been suspended on golf carts, so Norm Taylor from Civil Air Patrol
was driver. It was a wonderful event, and thank you so much, Herb
Luntz, for pulling it off.
MR. LUNTZ: I left out somebody. I left out Leo Ochs. He was
there as part of this process as well, and we thank him.
COMMISSIONER COLETTA: For the record, I do not play
golf.
CHAIRMAN CARTER: No, that's one -- neither one of us do,
but that was a fun trip around in the golf carts. All right. Next
speaker.
MS. FILSON: The next speaker is Ty Agoston followed by Bob
Krasowski.
MR. AGOSTON: Good morning, ladies and gentlemen. My
name is Ty Agoston, and I live in an endangered Golden Gate
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November 13, 2001
Estates, and I'm speaking for myself.
As I was driving in this morning trying to locate a parking place,
the event took me back to New York. I used to run the grocery P and
L for a supermarket chain, and our managers were always instructed
to have their people park in the furtherest section of the parking lot.
As I drove around, I saw the most convenient parking places with
flashy names reserving to what used to be called public servants.
They're not much of public servants, are they?
Coincidentally, the last time I was here I happened to sit down
behind this desk in one of those chairs. They just looked
comfortable. I felt that it would be comfortable to put my folder.
And I was told in no uncertain terms to get to the back of the bus
because this was reserved for people who are truly important. Now, I
see their name tags are on the desk just in case someone else had the
audacity to sit down behind them. I'm not sure what you people are
afraid of. Those people out there --
COMMISSIONER HENNING: May I interpret you a minute.
MR. AGOSTON: Yeah, go ahead.
COMMISSIONER HENNING: You can see that these are staff
members that are here to serve the Board of Commissioners on
questions that we have. That's why they have those thick books. If
we put them in the back of the room, it wouldn't be sufficient. So --
and I'd much rather have them out there working, but they're here for
the pleasure of the board.
MR. AGOSTON: Tom, I have no doubt in my mind that they
serve a very useful purpose. By the way, I'd like to have that time
added back to mine. But the fact of the matter is you could actually
situate this as inclusionary rather than exclusionary by simply putting
it along the side so you still have the public open. Open to you. You
see these things are higher. Those guys back there have to look over
these people, and some of these guys are pretty big. This gentleman
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November 13,2001
over here I happen to have debated at one time, and I can guarantee
he is a big guy.
CHAIRMAN CARTER: We'll have him sit on the floor the
next meeting and then, Ty, you'll be able to see everything. And
would you like us to review an amendment so that we can
reconfigure the room? And if that's how the county wants us to
spend the taxpayer dollars --
MR. AGOSTON: Mr. Carter, let's not play semantic games
here. I have read your response to the failure of your sales tax, and to
be perfectly honest with you I came away with the conclusion that as
soon as you get elected onto that board you feel that your IQs have
increased by 100. This is really absolutely unreasonable to threaten
the electorate with a 47 percent tax increase. I want you to know that
you could be reelected-- no. No. You could be looking for
reelection. My language every now and then runs away with me.
What I would like to -- what I would like to say and my purpose
of being here is to ask you that due to many factors, one of them is
the economic impact of the September the 11 th -- and make no
mistake the plane crash yesterday in Queens will also have an impact,
and being that the plane loads are running 30 percent below normal,
it will impact on this tourist mecca of Collier County.
You seem to go along like nothing is going to happen and we
have all kinds of money to spend. You do not. And I wish that you
would go back and you would instruct your staff to reexamine your
budget systematically -- not due to political expediency -- and change
it to reflect current times and not make people who need roads -- like
Immokalee Road Mr. Coletta needs in his district, and people are
putting up signs that they are dreadfully afraid that you're going to
veto building roads there. But look at them systematically and
examine and come back. Maybe some of those big raises that put
Collier County 5 percent over the state should also be examined.
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November 13,2001
And that's all I really have to say. And thank you very much.
CHAIRMAN CARTER: Thank you, Mr. Agoston. You're a
great debater on the other side. I personally thank you for entering
into those debates. We had -- the community told us what they didn't
want. We took to them what -- we took to the community the truth.
We will reevaluate. We will do what we have to do. We will point
out the options.
A couple things, though, that I would like to correct. Number
one, we are at market. We are not 5 percent above, and if you want
to read the papers and the dialogue that have been put together, we
will provide those. We do know the importance. Everyone in this
community knows we have to build roads. The question now is, how
do we do it? We will, as a Board of County Commissioners, with
staff look at all the options and possibilities to do something not for
political expediency, not to mortgage the future, not to create a crisis
five or six years from now, but to the best of our abilities as ordinary
men and women making tough decisions to try to do the right things
for Collier County. So thank you for participating in the debates.
Commissioner Fiala.
COMMISSIONER FIALA: Mr. -- Mr. Agoston, I was just
going to tell you I appreciate you bringing this up. This was
something I was going to bring up myself today a little bit later in this
-- on this agenda, and you brought out specifically why. Because --
because when we formed this budget originally we were doing this
back in April, we never had these tragedies that we are now facing or
the fear of what was going to happen to our tourism dollars as well as
what's going to happen to the rest of the county financially. So as we
were moving through this budget process and just about at the end of
it everything in place and, of course, we had a time limit from the
governor to get this thing done as well as our own budget year
starting we were there. So I was going to bring it up, and I'm glad
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you brought it up. We are going to be addressing that again. Thank
you.
CHAIRMAN CARTER: Thank you, Commissioner Fiala. We
will have further discussion on that topic under comments by the
board in our section of the agenda. So thank you. We have one more
speaker?
MS. FILSON: You actually have four more.
CHAIRMAN CARTER: Four more, thank you.
MS. FILSON: Bob Krasowski followed by Glen Dunavan.
MR. KRASOWSKI: Good morning, Commissioners. My name
is Bob Krasowski. I'm here to speak on my own behalf and --
representing Zero Waste Collier County. Before I begin on my topic
which will be fairly brief, I have to agree with Mr. Agoston. When
you sit behind these chairs, look how padded they are in comparison
to the public's chairs. I mean -- and you probably could without
much money -- I'm a carpenter -- you could raise this a little bit and
maybe put the rest of these guys over here so we can all watch what's
going on. Watch your expressions. It's interesting.
COMMISSIONER HENNING: What's your hourly rate?
MR. KRASOWSKI: What's that?
COMMISSIONER HENNING: What's your hourly rate as a
carpenter? What is your hourly rate --
MR. KRASOWSKI: Oh, as a carpenter? I'm not available at
this time. And certainly not for government officials. Okay. You
know, I represent, like, Zero Waste. I don't want to get involved
which with any kind of change of money. Not that you had any
intention to buy me off. Not at all. I know that's not the case.
COMMISSIONER FIALA: Thank you for the levity. This has
been fun.
MR. KRASOWSKI: Well, there's a lot of serious matters here
going on today, and I'd like to add another one. But pretty much I'm
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here as a-- to initiate something before it's happening, you know, I'd
like -- we all know that the request for proposals on the solid waste
issue are about to go out. And I've mentioned to you before just a
couple weeks ago that there was a limited request in regards to our
composting operation.
Now, we have a pilot program going out in the county, but I do
believe that it would be a benefit to the community if we could
compare what the intent of-- of the county composting operation is
to compare it to what other people might have to offer. And
especially when a part of our request proposal -- one of the four that
are being put together -- does include the collection of organic waste,
like, foodstuffs that are wasted from restaurants or from grocery
stores and, you know, if we can isolate that, that's what causes the
odor at the landfill. So if we can remove as much of that as possible
to reduce the odors and that's been such a big problem in the various
commissioners that have constituents closest to the landfill
communities. That's a big problem, the odor, we all know that. So
I've been trying over the last two weeks -- three weeks since I've seen
you last to get in touch with our public utilities -- not public utilities
-- with our solid waste director, Mr. Yilmaz, but he hasn't returned
my calls. So maybe this mention will motivate him to do so.
I must say that Zero Waste Collier County is this county's
premier public recycling proponent as far as the public sector. And I
was surprised to see on the agenda that you guys were passing
America Recycles Day in Collier County. We didn't hear anything
about it. And the last paragraph, "Whereas, America Recycling Days
helps us to unite environmental and community organizations,
business and industry and agencies at all levels of government to
partner in the vital effort to keep recycling working." And here we
are, you know, since '85 involved in that issue and being -- trying to
maintain our current knowledge on the topic as citizen participants in
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this process. And, you know, it kind of-- we didn't even know about
this or weren't involved in it, you know, didn't get a call, "Hey, what
do you guys think of this?"
So I remember back in the late '80s, early '90s when the
commission at that time were giving all sorts of awards to the
recycling department and the solid waste department for achieving
goals set by the state for recycling which was nice that we met the
goals, but our landfill still fills up since then with recyclable
materials. So I guess we're meeting the common standard but not
exceeding it and not doing what we could if you investigate the issue
throughout the country, throughout the world.
I didn't get up earlier to mention the proclamation because I
didn't want to rain on anybody's parade and I say that Zero Waste
Collier County supports the commercial recycling ordinance which
you're working on as well but we haven't seen. So to the extent
you're allowed I'd like you to put a fire underneath the county
administration and ask them to involve the citizenry on this, because
some day all these RFPs are going to come back. We're going to be
up here arguing about air pollution due to this process or that
comparison to other things. It's better to get a lot of this stuff worked
out beforehand, as you know, because if it doesn't get worked out
beforehand, we'll be up here complaining about, why don't we have
public-access TV so these issues can be represented by the public and
brought to the public by the public and open for debate like so many
other issues we've dealt with.
Like, you've had complaints about the road, the tax for the
roads, 71 to 29, so something's not working there, you know. So
that's all I have to say for today. My time's up, and I'll see you later
when all these chickens come home to roost.
MS. FILSON: The next speaker is Glen Dunavan followed by
Frank Halas.
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November 13,2001
MR. DUNAVAN: Good morning, Commissioners. My name is
Glen Dunavan, and I'm speaking for the Taxpayers Action Group.
And we -- we were very instrumental in getting the half-cent tax
defeated, so we felt that we should offer some suggestion of how you
can compensate for losing the half cent. So this is what we decided.
No curbs; they are costly, hold water on the road, prevent stalled
vehicles from getting off the road. No bike paths; too dangerous.
The goal is to move traffic. I haven't seen a backed-up bike traffic
yet. Although we had to add east of 951 to satisfy a very small
minority and we do conduct our meetings in a diplomatic -- in a
democratic way so we added east of 951 on that. We realize that
downtown someplace you need-- you need all these things. And no
sidewalks; the idea is to move traffic, not -- not pedestrians. And I'm
sorry, not many pedestrians paying tax on gas and license. And,
there again, we had to add east of 951 because of the minority.
No animal crossings; to cross one golf course to another is not
the -- the reason for having a road. No beautification; and that's been
my sore point for a long time. A nice passing median is hard to beat.
It allows -- by the way, I did furnish you all with a copy of this. They
have it? Okay. They -- grassy median can't be beat. It allows
emergency vehicles to get through and does not obstruct visibility nor
require extensive plant -- planting and maintenance. One of the
things -- you can drive down Collier -- Collier Boulevard -- no
Collier-- downtown Collier--
COMMISSIONER FIALA: Tamiami Trail? Tamiami Trail?
MR. DUNAVAN: What I'm trying to say is Golden Gate, not
Boulevard but--
COMMISSIONER COLETTA: Parkway.
MR. DUNAVAN: -- and you'll see a road there that has no
curbs, has no beautification as they call it, which is an eyesore to me,
and it works very well. And emergency vehicle can come down
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November 13,2001
through and everything else.
And no streetlights. We've got headlights on our cars. We don't
need expensive streetlights. We need to build roads, not streetlights.
And every development -- this was something that should have been
long ago. Every development wants a traffic signal. Say no. Every
development should put in a frontage road to the nearest traffic signal
and furnish right-of-way for the next development resulting in less
traffic lights and better flow of traffic.
Also, each developer builds a through street lining up with the
next development open to the public. This would save you from
building roads and put it on the back of the developer which they got
to build a road down through their place anyway. Might as well
make it a through street open to the public.
Better design. On most every road you build you have to go
back and tear it up to -- because the designer wasn't smart enough to
design it right. One -- one place this was done was on 951. This road
goes like this (indicating). They put curbs in with no drains. Now,
that wouldn't take a very smart designer to know better than that. We
need better designs so you don't have to go back and do it all over
again.
With this plan we estimate you could build about one and one
half miles for the cost that you're spending for one mile now. We
further suggest no new administrative positions as proposed and to
rescind a pay raises awarded by the renegade county manager, and no
indigent health care but cut county budget by 10 percent.
And now I'm done speaking for Taxpayers Action Group, and I
strongly say that we don't need curbs along the road. They're a
nuisance. They're expensive. They're dangerous. We don't need
bike paths because we're building roads to carry cars not bikes. And
we don't need beautification because they're dangerous and in the
way. Thank you very much.
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November 13,2001
CHAIRMAN CARTER: Okay. Thank you, sir. Next speaker,
please.
COMMISSIONER HENNING: Mr. Dunavan, while you're up
there, I just want to thank you for putting -- for TAG to put this in
writing to give us guidance on this. But one thing I have to question
is no beautification, and you're suggesting grass in the median, but
that requires maintenance. Wouldn't we want something like rocks
or--
MR. DUNAVAN: No, grass -- grass is fine. That takes very
little maintenance. You got to mow it once in a while, and that's
about it.
COMMISSIONER HENNING: Well, I have a lot of request for
median road maintenance of-- of the grass.
MR. DUNAVAN: Well, if they're willing to put out the money
to do it.
CHAIRMAN CARTER: Pardon me?
MR. DUNAVAN: Are these requests of people willing to put
out the money to do it?
COMMISSIONER HENNING: That's what's surprising me
about your suggestion about grass because it does take maintenance
of four and five and six times a year.
MR. DUNAVAN: But a lot less than trees and flowers. They're
out there all the time. It takes -- it don't take really any water for
grass if you plant the right kind of grass.
CHAIRMAN CARTER: I understand his point. You want to
make another point here, fine. I don't think we need to debate this
morning.
COMMISSIONER COLETTA: We're talking about District 5
mainly. You're right about grass. Bahia grass you can put it out
there, you can put it without an irrigation system, and generally it'll
survive from one season to the next. It does need some mowing, but
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November 13,2001
it's low cost.
The only problem I have with your suggestion on the roads was
the fact that you want to limit the urban boundary. In other words,
they get all the amenities in the urban area; the rural area will get
none of them. I suggest that maybe we might want to consider that
the roads we build have room for these things to be added sometime
in the future if and when the money's there or if some people want to
have an MSTU. But I don't want to exclude District 5 from this.
In other words, just because the people live a little farther apart,
they're now out of the mix and they're not up for consideration.
Other than that, your suggestions were very good, and I thank you.
MR. DUNAVAN: Well, under your comment it's really not a
benefit to us; it's a deterrent, beautification curbs.
COMMISSIONER COLETTA: That's true, but I don't want to
limit District 5 and the rest of the county have these amenities that
we're going to be paying for.
MR. DUNAVAN: Well, I'm saying it's not an amenity. It's a
deterrent.
CHAIRMAN CARTER: Well, I think his point has been well
made, and thank you very much, sir. Next speaker, please.
MS. FILSON: Next speaker is Frank Halas, who will be
followed by Harold Hall, who will be your last public comment
speaker.
MR. HALAS: Good morning, Commissioners. I'm Frank
Halas. I live in North Naples area. I was here earlier this year when
the -- the evening that the half-cent tax was proposed, and at that time
I believe all the commissioners at present stated that it was time for
the public to be reeducated. And I think what happened this past
Tuesday was that hopefully the commissioners got reeducated in
regard to what the grass-roots people really were looking for in the
commissioners. And that is to be responsible with our monies that
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November 13,2001
are turned in to you for taxes. Fiscal responsibility is the word we
want to use there, and hopefully that we along with the people that
made this decision voted can work with the county commissioners,
that the county commissioners will go back and revisit the budget and
seriously look at what can be cut.
I worked for a large corporation, and there was times
economically when you'd have a downturn. And what we'd have to
do is go back. Each department in that large corporation would have
to go back and readdress a lot of issues that may be pertinent that we
want to do. And so we took -- we realized that it was important to
get our spending under control, and I don't think it's going to be that
difficult for the county to look at all parts of the budget and cut at
least 3 to 5 percent out of the budget without even having any impact
whatsoever on the employment of the people that are in the county.
And I think that with this cut in the budget -- and another thing
that needs to be addressed is the indigent health care. I really believe
that you people should look at this closely because I think you're
opening up a can of worms and it's going to get out of control. And
being that the economic climate that we have today I don't think that
we should take on that responsibility. Maybe at a later date address
that issue when things become a lot better in regards to the economic
climate in the country. And I think that if we address the budget,
make cuts where they need to be cut, get the fat out of the system.
You guys I don't think have ever had to get into a budget-cutting
crisis. I think now is the time to address this, and the first time
around you'll be able to cut 3 to 5 percent out of your budget, like I
said earlier, without having any impact on the people that work here.
And here it'll be efficient, and it'll be great in a road building process.
And the other thing that I think needs to be addressed by the
commissioners is to take a serious look-- go back and take a serious
look at the impact fees that are being paid by developers and make
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November 13, 2001
sure that whether it's a high-rise development or whether it's a person
who's building his own home, that each of these are charged, assessed
the same amount of money. My understanding -- I may stand to be
corrected here -- that somebody who buys a high-rise development
apartment there has -- pays less than the homeowner would pay for
land and everything else. I think that everybody should pay their
equal amount.
The other thing that I have a concern about is in the last few
years we've had this large, humongous building boom here in Collier
County. There's been a lot of additional taxes that's come on-line.
And I think a lot of the people here in Collier County want to know
exactly where this money has gone. We don't seem to have any real
recollection of where it's going. And also to publish the budgets,
exactly who is getting what for each of the budgets and why. And I
think if you open up -- are more open with the constituents, they may
then respond to you in a better manner than was presented last
Tuesday. Thank you very much.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: Thank you. Well, I think you just
hit on all the points we just spoke of. I brought up the health care
thing. I pulled it off the agenda. Secondly, I was telling Mr. Agoston
because we developed that budget before our crisis, we're bringing
that back up, although that's later on. But, again, you had very good
ideas. We seem to have met in the same room together because
again, we talking about -- I'm sorry, we were talking about road
impact, fees and that's going to be brought up. But thank you very
much, sir. I think you're right on target, and I hope my fellow
commissioners agree we're all going that way. Thank you.
CHAIRMAN CARTER: Thank you very much, sir. I have
been through budget-cutting processes in my corporate life. The only
thing I never had to do was be concerned about health, safety, and
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November 13,2001
welfare issues, because many of the services provided, EMS, sheriff's
department, stormwater management, you talk about all of those,
ladies and gentlemen, and somewhere in there can we cut something?
I would say we may defer something. I don't know yet, but I am
pledged with the county manager and staff and all the commissioners
to review everything, but there will be some tough decisions.
And also there's a big unknown equation. I don't know what the
State of Florida is going to do to us. They're going to cut, folks, and
their biggest item in their fund is health. And they are going to cut it,
and they're going to shift it to the counties, and we're going to pay,
folks. And I don't know how much. It's not a question will they not
send anything down; it's how much. And we have to deal with all
that.
And I pledge to you, as I'm sure every commissioner here, we
will do our best to try to review everything to see what we can work
out. I am -- I hold no animosity or no anger against the fact the half
penny was defeated. It was a vote of a community. I accept that. I
will work with whatever is given within that framework to do the best
that we know how. But that's the tough part. The private sector was
a hell of a lot easier. It's going to be tougher here. Yes, sir.
MS. FILSON: The last public comment speaker is Mr. Harold
Hall.
MR. HALL: Harold Hall from East Naples and Plantation
Island, so I've got two commissioners that I talk with frequently.
First, I've told a couple of you that the only time since I retired that I
wear a coat and tie is when I go for weddings, funerals, and when I
address the commission asking for something. I got on my coat and
my only suit. I got my suit and tie, and I was going to kill two birds
with one stone. I was going to ask you for something and be here for
Fred Coyle. Last time I appeared here with a coat and tie on, this
same coat and tie, was when the three of you were sworn in.
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November 13,2001
First, I am going to ask for -- ask for something, and it's very
personal too, and I'll tell you about that in just a moment. First, I
want to tell you -- though I have said and I continue to say that I
really believe this is the best commission that we've had seated in
several years. And you have made decisions that seven specific ones
that has eroded this image that you had, this credibility that you had
at the beginning of your term.
There's no doubt in my mind that you had the best interest of
Collier County in mind at heart and information, I think good
information to work with, but you didn't have your finger on the
pulse of the public or you -- say you didn't have, hey, I don't know
you had this. That's good. I've got this timed for three and a half
minutes so -- so don't buzz me out yet, Commissioner.
CHAIRMAN CARTER: I won't do that to you, sir.
MR. HALL: But as I say in my opinion you've stumped your
toe seven specific times, and each time it hurt just a little bit, not only
just with what you did but in some cases the way you did it. Now,
what I want and now this is -- this is the personal part. For years and
years with my acquaintances when they're saying bad things about
commissioners, you know, the general public always talks about how
dishonest you are, and I speak up. And -- and I object and I try to
take them to task. I couldn't do that a few years ago, but I started
doing it again. I'm having a little bit of a hard time right now, so I'm
asking you to take some action today and in these coming weeks that,
again, at 5:30 in the morning when I'm having breakfast with my
redneck friends -- boy, are they here -- that I'll be able to say, "Hey,
wait a minute. I think you're wrong."
Here's what I think you need to do. By the way, the 71 percent -
- this is sort of negative, folks -- the 71 percent I think would have
been much higher had there been a more organized, more concerted
opposition to it. We had two groups that opposed it, but it was not
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November 13,2001
anything like the campaign that you folks put on to try to get it
passed. It could have been much higher. In 1990 the one-cent sales
tax only failed -- it was 53 percent to 47 percent. I thought it would
be much closer this time than it was, but here's what I think you
ought to do. Maybe you can't do all of these things, but maybe you
can do parts of them, but I think you ought to give serious
consideration and I think you're going to because you have just said
that, all of you.
First, go -- getting into the indigent health care. You know,
you're getting in deep water there, folks, very deep water. Give that
serious consideration. It's in the agenda today. I didn't know it, but it
was -- I'm talking sort of negative now -- Tom, it was hidden in the
consent agenda in Item 10-E. And I had a hard time getting it out. I
had a hard time finding out that it was in there. In there was
1,988,834 in new money, a 203.7 percent increase over last year to
the Collier County Health Department. I found it though, Thomas. I
think you better really think about that contract when it comes up as
Item 10-O.
Other things -- and I'll hit these real fast because they've already
been addressed and you folks are aware of them. I don't know if you
cannot fund the school nurse program or not, but that's one of the
seven places you stumped your toe. Tom, don't ride me out of here
now, but -- is that up? It is. Okay. Then, all of the things that they
have been talking about, give them serious consideration but review
all of the revenues. Review them close, and specifically look at the
federal revenue sharing, state revenue sharing, state sales tax. All of
those items of revenue that the estimates came out very early on.
They could be very different. It would be very embarrassing three,
six months from now when you don't have all you hoped for.
Look at the cash carryover from last year. That was estimated
early. Now, in my opinion, you've got -- you've got a good staff.
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November 13,2001
You've got a good manager. You've got capable people, professional
people, and I really believe that if you're abundantly clear with them
on what you want that they can -- they definitely can and will --
they'll perform for you. Thank you very much. Boy, my three and a
half minutes went fast. Sorry about that, Commissioners.
CHAIRMAN CARTER: All right. Thank you, sir. Appreciate
you being here.
MS. FILSON: That was the last public comment.
CHAIRMAN CARTER: Thank you very much.
COMMISSIONER HENNING: Commissioner, before we
move on, I need to clarify something that the other board members
and the public doesn't know. There was a meeting with the fire
chiefs, myself, our county staff. There are so many rumors that have
been out there while the fire department wants to take over EMS.
EMS wants to take over fire department. I just wanted to make it
clear that was my purpose of being there, that we're not interested or
I'm not interested in taking over the fire departments, and I am not
interested in the fire departments taking over EMS.
We have a very quality people out there on both sides of it.
What I would like to see is what's best for the taxpayer. That's the
reason I was there, and I think it was a very good, productive meeting
and had these two press releases -- people are trying to tie them
together. There is no tie to these two press releases. And I never
gave Tom Olliff any direction about the day-to-day operation and if-
- and I know better than that, and I think the rest of us do too.
So I needed to speak my piece, so thank you.
CHAIRMAN CARTER: I thank you, Commissioner Henning,
and I understand where you're coming from.
And like you, I never gave Tom Olliff direction on what he should do
in the instance in regards to EMS or our relationship with our
dependent fire districts which are part of the county or our
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November 13,2001
independent fire districts. I've never gone there. I've never done that.
Item #6B
LITTLE PALM ISLAND DEVELOPMENT REQUIREMENTS TO
BE BROUGHT BACK ON NOVEMBER 27, 2001 AND PUBLIC
HEARING TO BE HELD ON DECEMBER 11,2001 - APPROVED
But let us move on to Item 6-B, public petition for Little Palm
Island.
MR. GARLICK: Good afternoon, Commissioners. I want to
thank Mr. Olliff for giving us the opportunity to put this public
petition on to speak to you about a matter that we would like you to
reconsider on a procedural basis. My name is Tom Garlick. I'm with
the law firm of Garlick, Stetler & Peeples here in Naples. I represent
Keystone Coastal Homes. We hit on February 13 of this year a
hearing before the board seeking the approval of our application for
an ST permit or special treatment area permit.
During the course of that proceeding, there was a fair amount of,
I think, frustration and confusion over what the rules were that
applied to the ST approval, how it involved the recently enacted
Gopher Tortoise Ordinance, whether or not the wetlands issues --
wetlands impact issues affected the -- or involved the gopher tortoise
decision, and what the preliminary site plans should be. It was
indicated that the staff usually decides the preliminary site plan; you
can't do that until the ST application is decided.
So there seemed to be some amount of confusion and frustration
in being able to define all these issues. We're now in a position
where we have, we think, addressed the concerns that were raised by
the county commission at that time. We're in a position to go
forward and address those issues; however, the reason that we're here
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is that at the end of that hearing in February there was a motion made
and passed unanimously that the approvals, the various approvals,
that I've referenced be brought back at the time of the final plant
hearing.
Now, at that time your county attorney correctly stated that the
way he understood the applicable ordinance the Board of County
Commissioners has to decide on the ST petition in order for the
developer to go back and do his final plat work and the engineering
required for that and that you require all matters to come back at the
time of the final plat hearing would be a change in the terms of
policy. So -- and really what it is it's a cart-before-the-horse issue.
And by that I mean this; there are a number of things that have
to be decided and determined before an engineer can sit down and
draw a final plat through the construction drawings for a final plat.
Among those things, obviously, we have to have defined the ST area.
Where is it? Where does it show on the plat? How big is it? How
small is it? You know what areas approved for ST impact? What is
not? In other words, we have to have that drawing.
Secondly, we need to have identified what the tortoise habitat
area is, a topic under discussion at that hearing. In other words, is it
three acres? Is it seven acres? Is it ten acres? We have to define it
because we can't draw it on a plat until we're able to define it. We
need to know what our preliminary site plan is and have that
finalized, because if we don't have a site plan we can't draw it on a
plat, we can't do construction drawings for it, and we can't engineer
it.
And the same -- and the engineering required for a plat is quite
sophisticated. It involves preliminarily making a set of construction
drawings. So how do you construct and how do you draw where
your ST area is, your tortoise area is, your utilities are, your
easements are before you have preliminary decisions?
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November 13,2001
I think what happened was that the -- we went out of sync with
procedure, and everybody was so anxious to have this matter, I think,
finally determined we just said at the commission level, let's put it all
together and let's decide it at the time of the final plat. I did not
represent Keystone at that time. I hopefully would have pointed out
that it's out of sync with procedure, because A has to follow B has to
follow C. So we want to get the chicken back before the egg.
We would like to ask this commission today to ask staff or direct
staff to bring this matter or postpone application for the ST permit
back on before the commission without the necessity of our having to
present a final plat as well at that particular time, and that's our
application.
CHAIRMAN CARTER: All right. If I'm understanding you
correctly, Mr. Garlick, what you're really asking -- I think I
understand this -- is to -- for the next agenda or future agenda for
Keystone to present an ST overlay amendment without having a final
plat prepared, and this no way jeopardizes the fact that we still don't
have the outcome from what the Florida Land Acquisition Group or
Florida Save Our Lands, whatever it is, decision on the application
there by the Conservancy. All you're saying is we don't know, but if
that doesn't pass, then you're looking for options to bring to the
commission, if I'm understanding it.
MR. GARLICK: That's correct. We have with regard to this
parcel and our client has had conversations with the Conservancy
about the sale of this parcel to the Conservancy on a certain specified
terms, and if the Florida Land Trust finds it in its grant, in its
judgment to give a grant for that purpose and the people can get
together on their terms, yes, we have stated it's our intention to sell
this piece to the Conservancy for gopher tortoise habitat. However,
as good business people and having spent a couple hundred thousand
dollars or more on this particular development seeking approvals, we
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November 13,2001
cannot mm back. We cannot rely on that. We can make significant
concessions. We think we have made significant concessions, and
we'll take that back to the Palm River Homeowners Association
before we come back. But we must be in a position that -- if we
cannot make our deal with the Conservancy, we must be prepared to
go forward with this development. We must have our approvals from
you to do that. We must be able to pull permits if that deal falls
through. So we'd like to bring our application back for a hearing for
that reason so that we can be in at least in that backup position and go
forward with our development if necessary.
CHAIRMAN CARTER: Questions? It's a request to come to
the -- I don't know -- whenever you schedule it, Tom, the next
meeting or the meeting after for them to present this in total as a -- as
an option as the way I look at it, in case the other does not --
hopefully it won't fail, but if it did we would then be in a position to
look at this project again, because we have to -- I think I'm safe in
saying this is -- and counsel can advise me accordingly, we have to
look at this at some point in time.
COMMISSIONER HENNING: Well, I don't know if that's
necessarily true if the Conservancy gets funding through the State of
Florida to preserve that land.
MR. GARLICK: Well, at this time I think, very respectfully,
that's speculative. That may be a good possibility. It may be a
probability, but it's impossible for us to say, so we cannot say to you
today, if the Conservancy fails we're not going forward with our
development. We must go forward with our development. If the
Conservancy deal fails, it fails. We hope that it doesn't.
COMMISSIONER HENNING: I think my opinion -- excuse
me -- my opinion is I don't know why we're considering this until we
find out what the State of Florida says whether this -- this land can be
acquired for preserve. Why can't we wait until they make that
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November 13,2001
decision instead of moving forward with an application that might not
happen?
MR. GARLICK: With all due respect, Commissioner, we have
been moving forward with this application now. We have been two
years, I believe. We have been before boards on six occasions. We
have on every occasion significantly modified our approach to
development. We continue to do that, but we cannot afford the
luxury of taking the risk that the Conservancy will not be able to
acquire this land being left, again, with further time to go. Time is
money in this business. We must be prepared for a backup plan.
That's all we're asking.
CHAIRMAN CARTER: Commissioner Fiala?
COMMISSIONER FIALA: Just continuing on with the subject
Tom brought up. I was going to ask you a different question. I was
going to ask you who was defining the parameter area for the gopher
tortoise area. But now after Tom asked that question it made me
wonder by -- by putting this on an agenda, does that raise the price of
that property even further and possibly out of the range for the
Conservancy?
MR. GARLICK: No, I don't think so. I think that we've gone as
far as we're going to be able to go. We expect the Conservancy to
come back and respond sometime in late November. I was going to
suggest that this come on December 11 th, if possible the December
11 th hearing. Hopefully, we would have a response so we would
know at that time whether or not the Board of Land Trust was going
to make that grant. But if it doesn't make that grant, I think it's just
unfair to us as business people to say, "You must continue to wait.
You cannot go forward with your approvals." And also we're being
asked to do something that is out of sync with the normal process.
If you ask, your county attorney would confirm that. We need
to know a decision on A before we can decide on B before we can
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November 13,2001
decide on C and come back with a final plat.
final. That's our final hearing.
that hearing.
CHAIRMAN CARTER:
After all a final plat is
No one will be deprived of speaking at
Commissioner Fiala.
COMMISSIONER FIALA: Thank you. I -- I would prefer as
long as you're expecting an answer by the end of November anyway
and we're already 13 days into November, I would prefer to try and
schedule something after that. This way we don't want to price this
thing out of the range that the Conservancy can afford and possibly
by your continued negotiations with -- with the thought of bringing it
up after the 1 st of December, it might work a little bit better for both
of you.
MR. GARLICK: I don't think it's going to affect the value. We
have had discussions with them about a price. We said, "Here is the
price." They said, "We understand the price." They have applied to
the Florida Land Trust for the price. You know, it's not going to
affect us that our land becomes more valuable; however, it will
adversely affect us if the Conservancy and the Florida Land Trust
says, "No," then our land becomes less value. We should not have to
bear that economic burden. And, incidentally, we are entitled to
bring this matter back. It's only been postponed. All we're asking
this morning is let us bring it back without the necessity of bringing
back a final plat, which is a cart-before-the-horse issue, which is
really physically impossible to do. Procedurally it's impossible.
CHAIRMAN CARTER: All right. Mr. Weigel, do you want to
comment on that?
MR. WEIGEL: Well, as I listen to the discussion this morning,
I recognize that we have -- Mr. Garlick's here on behalf of a property
owner with property rights as opposed to speculative purchase rights
of the Conservancy or anyone else in the future. The action that the
board took for all the proper purposes many months ago in linking
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November 13,2001
the STP with the plat is I'll say an untoward, almost unprecedented
action, although we certainly have had demonstrated before this
board significant and perhaps unprecedented ecological issues and
neighborhood issues at that time.
As counsel I just say that it is not at all inappropriate to delink
the STP from the plat, and it would appear that Mr. Garlick has
indicated that the timing of which they'd be coming back, several of
the questions would be answered anyway in regard to the
Conservancy.
CHAIRMAN CARTER: If I understood it correctly, that was
the purpose. By then, Commissioner, we will know what sort of land
trust. They're asking to come back, separate the two, and make a
presentation to us which then becomes a public hearing, which then
allows any and everyone from any sector of the community to speak
to us. And I felt that it was a reasonable request. I asked to have it
put on an agenda, and that's what a petition is about.
COMMISSIONER FIALA: I don't think it's wrong. He's got his
rights also. I just wanted to make sure that we were putting cart
before the horse as well -- or the horse before the cart. Oh, Donna.
CHAIRMAN CARTER: Well, I agree with you, Commissioner.
Absolutely right on, and I totally agree we want to do it right, and we
want to do it in the proper format. So all I need is -- I need some
indication from the board.
COMMISSIONER FIALA: I would like to put it on the
December 1 lth agenda.
COMMISSIONER COLETTA: I have no problem with it.
COMMISSIONER HENNING: I just don't want to step on
anybody's rights.
MR. OLLIFF: Mr. Chairman, let me -- I need some clarification
here about what actually we're putting on the December 11 th agenda,
because generally under public petition what we do is bring back an
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item. The board doesn't make a decision until we bring back an item
for a formal board decision a yes or no. It appears the decision in
front of you is whether to unbundle the ST decision from the final
plat. We can bring that to you. That's a fairly simple decision back
on the next meeting, but then if you're going to actually hear a
revised special treatment overlay petition, my suggestion to you
would be that from my understanding we haven't seen a revised ST
petition as yet from the developer, and we would probably need to
work that through the same advisory board process that we would the
initial petition. So I would assume the EAC at a minimum and the
Planning Commission would also need to review any revised ST
petition before it came back to the board.
CHAIRMAN CARTER: So we would unbundle it possibly on
the 27th and then at that point move it into the system. Is that what
I'm understanding?
MR. OLLIFF: That would be my recommendation for you.
MR. GARLICK: Excuse me, but I must respectfully disagree.
Our ST application is not changed in any way. I think you're talking
about a gopher tortoise habitat issue or a preliminary site planning
issue which are staff matters. Okay? We have right now before the
commission a postponed hearing on an ST permit. There was
discussion of some -- some issues and some items and some concerns
about, you know, that ST permit and how these things all tied back
together. We're ready to go forward with our postponed hearing. We
don't think there's a basis to have us go back to EAC and the Planning
Commission on that hearing. There's no change in this application for
the ST permit.
MR. OLLIFF: Okay. Well, that's--
COMMISSIONER FIALA: Let me just ask a question.
MR. GARLICK: Now, we do intend to go back to staff. We do
intend to go back to staff and discuss the preliminary site plan and the
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gopher tortoise plan with them because those are matters for staff
approval, but as we understand it, we still need the ST permit out of
the way before we can get our preliminary site plan approved by
staff.
COMMISSIONER FIALA: Tom, just guide me along here just
a minute, but I guess what you said was you're still following the ST
permit as it is, and yet I -- somehow maybe I'm getting confused here.
What I heard you say in the beginning was you were going to
establish somehow -- and you weren't quite sure yet how -- where the
gopher tortoise habitat is. Is that not included in this ST -- MR. GARLICK: Yes, it is included.
COMMISSIONER FIALA: The old one or the new one?
MR. GARLICK: Those were the concerns that the commission
expressed at the time. I honestly think there was confusion -- honest
confusion about whether the ST application invoked the applicability
of the gopher tortoise ordinance, and there was not unanimity in
agreement with that. The question was, you know, regard to that
based on the definition of an ST, does it involve other environmental
issues? Perhaps that it did. Okay. And did it involve the necessity
of having a preliminary site plan?
Frankly, if you review that transcript on February 13, as I did, I
know I was frustrated. I know I was confused. And I'm sure that it
certainly seemed to me that there was a lack of clarity on the part of
the commission.
We went back after that, we talked to staff. We said, "What do
we do about this?" It was staff that suggested that we come back
here and file this petition or coming back without the final plat
approval. So, you know, we're not saying we want to avoid anything.
We're just saying we want to take it one step at a time. Let us -- let
us come back with our ST application. That's what really was before
the board last time. That's what was really postponed last time. Let's
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decide that. Okay?
In connection with that, we will go back to staff, and we will
meet with staff about our gopher tortoise area, about our PSP, and
about those things that are preliminary to that ST approval, and then
we want to bring it back.
MR. OLLIFF: Mr. Chairman, let me just say that I was under
the impression that the ST application was actually being amended,
but if it's not, then certainly that was continued and the board can
hear it as it was presented originally.
MR. GARLICK: David Farmer from Keystone is their vice
president of land development and engineering.
CHAIRMAN CARTER: So we'd still unbundle on the 27th, and
then it could be heard in a public hearing on the 11 th? MR. OLLIFF: Yes, sir.
MR. GARLICK: All right. I just wanted to confirm with him
that the ST application remains the same.
CHAIRMAN CARTER: So if we have three nods on the board
and then we will give staff direction to bring it back for unbundling
on the 27th and then go forward with the public hearing on the 1 lth,
as I'm understanding the conversation this morning.
MR. OLLIFF: And then just for the record we will make sure
that all of those parties that were involved and interested in that
original petition are notified again of these actions.
CHAIRMAN CARTER: Every one of those groups needs to
know, and I would certainly encourage Keystone to meet with all of
the interested parties from the homeowners association to Palm River
and also Collier's Reserve to Friends of the Animals, to the
Conservancy, to whoever else, Florida Wildlife, Audubon, whoever
is involved in this that they all be duly notified and participate in the
process.
MR. GARLICK: What was the date that we come back?
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December 11 ? Did you say December 11 ? CHAIRMAN CARTER: Yes, sir.
MR. GARLICK: I thought I heard you say, Commissioner--
CHAIRMAN CARTER: Yeah, the 27th we have to make a
decision about unbundling and we separate it out.
MR. GARLICK: You mean you divorce the final plat hearing,
you mean?
MR. WEIGEL: He'll formalize it on the 27th what they are
directing staff to do.
MR. GARLICK: Okay. So we'll be back before you on the
27th.
CHAIRMAN CARTER: Yes. It would be good if you're here
to answer any questions by commissioners or anyone and the public
who wants to know how we're doing this.
MR. GARLICK: Okay. Thank you.
CHAIRMAN CARTER: Thank you, sir.
MR. GARLICK: Appreciate it.
Item #8C
PETITION RZ2001-AR1376, REQUESTING A REZONE FROM
THE CURRENT ZONING CLASSIFICATION OF "RSF-3"
RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO "RMF-
6" RESIDENTIAL MULTI-FAMILY DISTRICT FOR THE
PROPERTY LOCATED AT 5211 24TM AVENUE SW IN GOLDEN
GATE CITY- CONTINUED AT PETITIONER'S REQUEST
CHAIRMAN CARTER: That concludes Item 6. Now, on Item
7, if I'm correct here, we have -- we have covered those items. No,
we have a variance under 7-A. Is that still on the agenda? Okay.
MR. OLLIFF: Yes, sir.
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November 13,2001
CHAIRMAN CARTER: So we have that. What I'm suggesting
is, there is a couple of items under the Board of Zoning -- one under
the Board of Zoning Appeals. There is also one under advertised
public hearings that perhaps if these are not long discussions -- or do
we have a lot of public speakers signed up, Ms. Filson, on either one?
One would be 7-A, do we have public speakers? Do we have public
speakers on, I believe --
MS. FILSON: 7-A is continued until the 27th.
COMMISSIONER HENNING: We've got 8-C and D.
CHAIRMAN CARTER: Yeah, 8-C.
MR. OLLIFF: Actually, the petitioner has submitted a note
asking that Item 8-C be continued.
CHAIRMAN CARTER: Okay. 8-C is being continued. All
right. So we're really under Board of Zoning Appeals. I have 7-A.
MR. OLLIFF: 7-A was actually continued.
CHAIRMAN CARTER: Continued also. So then I'm at the
point where we talk about consideration of the adoption of the
resolution of salvaging new county commission district boundaries.
How many public speakers do we have on that?
MS. FILSON: 8-A.
CHAIRMAN CARTER:
MS. FILSON: 8-A.
CHAIRMAN CARTER:
do we have on this?
8-C?
8-A. All right. How many speakers
COMMISSIONER HENNING: Well, we have the
comprehensive amendments.
CHAIRMAN CARTER: Comprehensive amendments, how
many speakers do we have?
MS. FILSON: 8-A you have one speaker.
CHAIRMAN CARTER: One speaker, all right.
COMMISSIONER HENNING: And we have a bunch of items
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November 13,2001
that we need to --
CHAIRMAN CARTER: Discuss and discover. So then I think
it's probably more appropriate that we break now from 12:30 to 1:30
and then return to do those items.
MR. OLLIFF: Mr. Chairman, if you're going to continue Item
8-C at the petitioner's request, because it wasn't done at the beginning
of the agenda, that will probably take a motion and a second and a
vote.
COMMISSIONER FIALA: So moved.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: So moved by Commissioner Fiala.
All in favor signify by saying
Second by Commissioner Henning.
aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
until 1:30.
(Lunch recess was taken at 12:30 p.m.)
(Proceedings recommenced at 1:35 p.m.)
Opposed by the same sign.
Motion carries. We stand adjourned
Item #8A
RESOLUTION 2001-442 REGARDING PETITION NO'S. CP-
2001-1 THROUGH CP2001-5 (GROWTH MANAGEMENT PLAN
AMENDMENTS) - ADOPTED FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS
CHAIRMAN CARTER: Good afternoon, ladies and gentlemen.
Thank you for rejoining us, the Board of County Commissioners,
November 13th, about 1:35. We are at Item 8-A on the agenda.
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November 13,2001
MR. LITSINGER: Good afternoon, Mr. Chairman and
Commissioners. For the record, I'm Stan Litsinger, comprehensive
planning manager.
This Item 8-A on your agenda is your first public hearing. And
I'd like to make a slight agenda correction. This is a legislative
matter; it's not quasijudicial. So, therefore, folks won't have to be
sworn in.
This is your 2001 growth plan amendments transmittal hearing.
We had a transmittal hearing with the Planning Commission on the
18th of October. We have five petitions today, four of which are
public petitions. And we have one staff-generated petition at the
direction of the -- of the Board of County Commissioners to provide
some economic development incentive.
We would ask that at the end of the presentation on each
particular petition that you take a straw vote relative to that petition.
It takes three votes to transmit to Tallahassee for review,
recommendation, and comment. And at the end of the entire
presentation that you give, take another vote on the entire package
relative to the adoption of the resolution to transmit the amendments
to Tallahassee for review and comment.
Very briefly, to bring you up to speed, this is the annual cycle.
It takes place every year about this time. We transmit to Tallahassee
for DCA comment and review. It takes about 60 days. We get it
back. We deal with any objections or recommendations in their
report, and then we come back to you with a -- with a final adoption
public hearing within 60 days after that day. And if there are no
specific questions, I'll have our planner begin presentation on our first
petition.
COMMISSIONER HENNING: Do we have to have disclosures
on this item?
MR. LITSINGER: I don't believe so. I think it's a legislative
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action.
CHAIRMAN CARTER: I don't believe so. The county
attorney is not here.
COMMISSIONER FIALA: Yes, he is. There he is.
CHAIRMAN CARTER: Oh, he's hiding. A good thing to do
today for this --
(Laughter)
MR. LITSINGER: We had it before.
CHAIRMAN CARTER: Thank you.
MR. WEIGEL: The question is, is this legislative?
CHAIRMAN CARTER: No. Do we have to have disclosure?
MR. WEIGEL: Oh, disclosure. No, you do not.
CHAIRMAN CARTER: Thank you. Thank you,
Commissioner.
MR. BLAIR: Good afternoon. For the record, Aaron Blair,
comprehensive planning department. I put a map here to show the
location of the first comp. Plan amendment. It's a subject property, is
5 acres in-- containing 5 acres, which this is highlighted in yellow
here. It's on the corner of Collier Boulevard, 951, and 1 lth Avenue
Southwest. It's also near Pine Ridge there. It's located in the urban
estates planning community and is designated estates, estates mixed-
use subdistrict, neighborhood center subdistrict.
The petitioner seeks to amend the Golden Gate area master plan
element to expand estates neighborhood center boundary of Pine
Ridge Road and Collier Boulevard to include Tract 114, which this
(indicating) is Tract 114, and in the orange and in the green is the
current estates neighborhood center boundary, thereby making it
eligible for commercial rezone with -- and the subject site will have
access from 11 th Avenue Southwest, which is this street right here
(indicating).
The proposed text change also revises the right-of-way buffer
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requirement for all the properties that are located within the
neighborhood center subdistrict.
The text eliminates this (indicating) buffer, this 156-foot-wide
buffer, which is this green section here, which was -- which is now
used for open-space water management and just a buffer requirement
to the surrounding properties here. This is a single-family home.
Like I mentioned before, this -- their text would take this
(indicating) buffer requirement out. They would leave this
(indicating) buffer requirement here. And the reason to take this out
(indicating) is to make this (indicating) property usable as
commercial.
Currently the entire property is vacant, and staff has found no
problems with this petition. And we feel that it provides a logical
stopping point for the neighborhood center here with the road being
the stopping point, instead of leaving one vacant parcel here. That
could currently be developed as single-family residence. So we
would recommend that you would forward this petition in favor of ...
CHAIRMAN CARTER: Questions by commissioners?
COMMISSIONER FIALA: Just -- just one little one. In this --
in this part, the green part that's right above subject site, you were
saying it was used for water management?
MR. BLAIR: And open-space requirement and buffer
requirement. That's what it's currently--
COMMISSIONER FIALA: Okay. And it's not going to disrupt
the water management in any way, is it?
MR. BLAIR: Not that I know of, unless the petitioner would
have anything to say.
COMMISSIONER FIALA: Uh-huh. When I read through it, I
-- it looked like staff felt it was okay. Everybody -- everybody
submitted it, but I hadn't asked that question yet so --
COMMISSIONER COLETTA: If I may, why is it they don't
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November 13,2001
get the vote from the Collier County Planning Commission, how the
vote turnout was, how many in favor, how many opposed?
MR. BLAIR: That I don't know. They did find in favor of it,
though.
COMMISSIONER COLETTA:
of it were in favor.
MR. BLAIR: Correct.
COMMISSIONER COLETTA:
is.
Well, that means the majority
We don't know what the count
MR. BLAIR: I'm not -- if I remember from my own stuff, I
believe it was unanimous that they report.
CHAIRMAN CARTER: We can get that checked for you,
Commissioner, I'm sure.
And any other questions?
COMMISSIONER HENNING: Yes.
CHAIRMAN CARTER: Commissioner Henning.
COMMISSIONER HENNING: The buffering with -- within the
single-family homes behind it and -- and across the street from 11 th
Avenue, the buffering will be in the site development plan.
MR. BLAIR: Correct. And as the petitioner submitted to us
originally, staff didn't feel it was adequate, so we went with revised
text to the Planning Commission. And they agreed with our revised
text which would make it a more significant buffer on the external
right-of-ways.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COLETTA: Will this have any notable
effect on 951 as far as traffic goes?
MR. BLAIR: There was mention before that a possible loop
road could be in this site to connect from here to here (indicating). If
the petitioner would wish, that's something we would be in favor of.
So if they would like to have some type of language to bind that ...
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November 13,2001
COMMISSIONER COLETTA: I'm sorry. You lost me on a
loop road.
MR. BLAIR: It was brought up in -- let's see. During the EAR-
based amendments at the time which this neighborhood center was
enlarged to 20 acres from its previous, the commissioners at that time
discussed a loop road for this neighborhood center, but the petitioners
weren't bound to build a loop road. It was just a discussion that this
would be a favorable thing.
COMMISSIONER COLETTA: When would they be bound by
the loop road, at what point in the--.
MR. BLAIR: We could write it in the language, if they would
be in favor of it. That's --
COMMISSIONER COLETTA: I'd like to hear from Norm
Feder on that possibility. What would be the best way to go with
this?
MR. FEDER: Having not discuss -- for the record, Norman
Feder, transportation administrator. Having not discussed this with
the petitioner, I don't know what their feel is on it. But essentially, as
we've encouraged, we would rather see access be off of collector
roads developed by the development as opposed to directly onto --
onto such as 951.
COMMISSIONER COLETTA: Could we make that part of
this --
MR. BLAIR: That's in it. The main access for this site will be
on this road.
COMMISSIONER HENNING: The main -- excuse me. The
main access will be on 11 th?
MR. BLAIR: To this subject site. The access will not be on
951; it will be on this (indicating). And the language also states that
all these properties will be interconnected to allow for access to go
across through the sites.
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November 13,2001
COMMISSIONER HENNING: So there would be some kind of
interconnectivity --
MR. BLAIR: In the sites of the neighborhood centers.
COMMISSIONER HENNING: Right.
CHAIRMAN CARTER: Could they enter in off of Pine Ridge?
MR. BLAIR: I don't know if that's under their current-- I can
find out. Hold on one second.
COMMISSIONER COLETTA: It would be awful close to the
intersection if you're considering something like that. We finally got
Pine Ridge Road flowing to the point, you know, where you can get
from one point to another. I hate to put anything there to slow it up
anymore again.
CHAIRMAN CARTER: I'm not suggesting we go there. It's
just a question.
COMMISSIONER FIALA: And I had one other question, too.
While you're looking that up, you might run past it. Where it said
"making changes to the landscape buffer requirements within the
estates neighborhood center," does that mean improve them, expand
them, make them better? I -- my note to myself while I was reading
this is, how is this better for the community or for that area?
MR. BLAIR: What they submitted previously we didn't feel
was adequate. That's why I said we met with the landscape architect
with the county, and we came up with some different language that
we feel would be much better for this subdistrict, and they agreed
with it at the last meeting.
COMMISSIONER FIALA: I see.
MR. BLAIR: So we increased it from what it was.
COMMISSIONER FIALA: Okay. So it is better for the
neighborhood. Thank you.
CHAIRMAN CARTER: Mr. Anderson.
MR. ANDERSON: Good afternoon, Mr. Chairman, members of
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the commission. For the record, my name is Bruce Anderson on
behalf of the property owners.
Let me try to answer some of your questions. Number one, the
Planning Commission unanimously recommended approval of this
petition. Secondly, we have met with the Golden Gate Estates Area
Civic Association--
COMMISSIONER COLETTA: Would you pick up the mike
just a little, please.
MR. ANDERSON: We made a presentation to the Golden Gate
Estates Area Civic Association in July or August, and they had no
objection to this amendment. We would -- at the time of rezoning is
when we would plan to show you the interconnection from Pine'
Ridge over to 11 th. And that would be, you know, when we have
more -- more detail at that time. But that's something that -- an
interconnection is something that has always been contemplated for
this property. In addition to these -- this Tract 14 will allow us to
have that access to 1 lth Avenue that we didn't have before.
CHAIRMAN CARTER: Commissioner Fiala-- and before the
question, remember, Commissioners, this does come back to the
planning council. It does come back to the board for any final
decisions on these transmittals. This is not a done deal. This is
saying we will transmit; we will see if the state approves. If they
approve, then we will make the decisions locally in the best interests
of this community.
MR. ANDERSON: Yes.
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: Okay. Thank you. Just a fast one.
In one of the paragraphs it states that Collier Boulevard from Golden
Gate to Vanderbilt currently operates at a level of Service E and --
which I don't think it can go down much further than that. But that
isn't going to affect this property because this is on 11 th; right?
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November 13,2001
MR. ANDERSON: 1 lth and Collier Boulevard and Pine Ridge.
It's bordered on three sides by -- by public roadways.
COMMISSIONER FIALA: Okay. Well, I think that will be
something we're certainly going to have to look in and -- and watch
closely because we don't want to see it slip that far. Thank you.
Thank you.
CHAIRMAN CARTER: All right. Do I get three nods from
commissioners or further discussion or what we need to do here?
COMMISSIONER HENNING: Further discussion. I think
Commissioner Coletta can agree with this. There is a true need for
zoning in this area for service companies. And I think there's a need
for C-5 zoning and, as we see in this particular petition, calling for
C-1, C-2, and C-3. So, myself, I would like to see some language in
there -- of course, this would be -- depending on the site development
plan of how it is in this activity center or neighborhood center, is to
have C-5. Do you agree with that, Commissioner Coletta?
COMMISSIONER COLETTA: Well, to a point I do. One of
the things we're trying to encourage is the growth to take place on
that side of 951 so that when the -- they start to plan it, we can avoid
having to go out to the rural area with the growth bill to meet the
needs, take care of quite a bit.
I have a question as to what the -- what the uses would be. Of
course, we don't limit them at this time, do we? COMMISSIONER FIALA: No.
COMMISSIONER HENNING: If you see a lot of services in
the C-5 district, a lot more -- repair shop, a body shop. There are a
lot of different --
COMMISSIONER COLETTA: In other words, you're
suggesting C-5 possibly in there?
COMMISSIONER HENNING: Mixed in with the-- I'm not
saying to have it right on 951 or Pine Ridge or right next to
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residential; somewhere in the core of it is to provide for that use.
COMMISSIONER COLETTA: Commissioner Henning is
absolutely correct about the lack of C-5 in that area. You have a
limited block in Golden Gate proper. Then you have to travel all the
way down to the Tollgate Center until you get to C-5 again or all the
way out to Pine Ridge, the industrial center out there.
Is that something that could be left at that point in time where it
comes up for zoning we could approach it? I'd hate to jump the gun
at this point in time and say, you know, let's include the C-5 in it this
time.
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
Ask this way.
I mean, what do you think?
MR. WEEKS: A couple comments, please. First, to answer
your question, yes, you could-- David Weeks of comprehensive
planning section. Yes, you could wait until the adoption hearing,
then -- and make the change to add C-5. You do take a slight risk
because these -- the Department of Community Affairs, when they
review this petition -- right now it says C-1 through C-3, which fits
right in with the intent of this district, which is to provide for
neighborhood commercial uses.
C-5, being our most intense zoning district, allows for uses that,
from our perspective, we'd say definitely are not neighborhood
commercial uses, and that, as a staff person and knowing some of the
history, I believe some of the commissioners do as well, of the
neighborhood centers for Golden Gate Estates, that's very different
than how they were originally conceived and how they have so far
been developing. Of course, it's in your power to make that change.
I would like to offer a suggestion that maybe as opposed to
during this petition, either now or at adoption, that instead that maybe
you direct staff to bring this up with the restudy committee that's --
you've appointed that's reviewing the Golden Gate master plan right
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now and have them take a look at it and ultimately make a
recommendation to you.
COMMISSIONER COLETTA: I like that.
MR. WEEKS: C-5, that's various different types of uses than
your present neighborhood uses allow.
COMMISSIONER HENNING: Maybe what could be
recommended is what kind of services are needed within the area and
just add those to the neighborhood center. And I think this -- this
whole neighborhood activity center-- this change should be brought
up to the Golden Gate Master Plan Study Committee -- MR. WEEKS: Yes.
COMMISSIONER HENNING: -- in the interim.
MR. WEEKS: That's been done. Thank you.
COMMISSIONER HENNING: Thank you.
COMMISSIONER FIALA: One last easy question. Here where
the staff recommends the petition be forwarded and they say with the
language changes below, and in there it does state something from
the transportation department, you know, about the access on 11 th be
restricted and -- restricted to 1 lth and also vehicular interconnection.
I was wondering; there was a lot of other things that the
transportation department had mentioned in here. Is that enough for
you? Do you feel that that's all -- that would incorporate the loop
road, if necessary?
MR. FEDER: For the record, Norman Feder, transportation
administrator. First of all, you don't have a lot of depth in this
property, so a loop road may be a little bit overstatement. The
interconnectivity is very important, and I think at the level that you're
at right now in the comp. Plan amendment, yes, it does.
COMMISSIONER FIALA: Okay. Thank you. Thanks.
MR. ANDERSON: Thank you very much.
COMMISSIONER FIALA: Okay. I'd like to make a motion
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that the petition be forwarded to the board -- to the DCA with the
language changes listed below, and we have them down there.
CHAIRMAN CARTER: We don't have to make a motion. All I
need is a straw vote.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN CARTER: Before we go there, I do have one
public speaker on this.
COMMISSIONER FIALA: Oh.
MS. FILSON: We -- we have a public speaker on this subject. I
don't know if it's on that particular item or --
COMMISSIONER FIALA: Oh. It's the next one?
CHAIRMAN CARTER: Thank you, Dr. Woodruff. All right.
We'll proceed. If we have three nods here, we can go forward.
Thank you.
MS. TAYLOR: Good afternoon. My name is Amy Taylor, and
I'm with your comprehensive planning section. Before you for your
consideration is the Butler mixed-use subdistrict. This is a site-
specific amendment consisting of 22.84 acres located northwest of
the comer of Airport-Pulling Road and Orange Blossom Drive just
north of the new county public library. To the north of the property
is Brighton Gardens, an assisted living facility. To the east is
Airport-Pulling Road currently being expanded to six lanes, as well
as Vineyards and the Lakeside PUDs, a church, and a plant nursery.
To the west is the Emerald Lakes PUD.
The intent of this amendment is to develop a small-scale mixed-
use development that encourages the principles of traditional
neighborhood districts. At a small scale, by developing residential,
retail, and office on one site, the amendment establishes a mixed-use,
site-specific subdistrict that creates a pedestrian environment for
small-size retail and office uses, as well as residential on the site.
The residential density is 15 unitsper acre, as -- as requested.
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The amendment proposes to cap retail uses at 3,250 square feet per
acre and office uses at 4,250 square feet per square acre.
A minimum of 25 percent of the maximum residential density
would have to be constructed prior to the development of 40,000
square feet of commercial space. The entire site is, of course, 22.4
acres, and if built out to its maximum capacity, the project site could
be developed with 74,230 square feet of retail, 97,070 square feet of
office, and 343 residential units.
The property is currently being used as a plant nursery. And
under its current land-use designation, it could be developed as a
residential community at a density of 3 dwelling units per acre and, if
the affordable housing provision were used, up to 11 units per acre.
A transportation impact statement, as well as other public
facility impacts, were evaluated and prepared as part of this
application. After close review by your transportation division,
transportation had no objections to this application. The roadway
impacted is Airport Road expanding to six lanes. It is expected to
operate at a level of Service C upon completion. In addition to
Livingston Road, a new parallel facility being constructed will serve
to alleviate traffic impacts as well.
In terms of compatibility, this position is similar to the types of
uses developed and planned for along this segment of Airport Road.
It is actually consistent with the Orange Blossom subdistrict that was
brought to this board a couple of years ago, which is a -- also a mixed
use of office, retail, and residential. Brighton Gardens, an assisted
living facility, is actually -- can -- is 22 units per acre at a very high
density; Willow Park is office and retail; and Lone Oak PUD is
office. So it is consistent and compatible with the surrounding uses
of the area.
In closing, this project would be one of the first of its kind to be
developed in Collier County. A mix of uses to include a substantial
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residential component could set an example for development and
redevelopment of this type at a smaller scale that provides
opportunities for residents to live, work, and shop within the same
development and limit the impacts on the existing roadway system to
some -- to some extent.
Therefore, staff recommends the BCC transmit this petition to
the Department of Community Affairs, and I'm available for
questions.
CHAIRMAN CARTER: Miss Taylor, if I'm tracking with this
correctly, this would begin to fall into the character communi -- or
into the framework of community character on the want list that was
presented to this Board of County Commissioners and approved.
MS. TAYLOR: It is consistent with -- with many of the
recommendations of the community character plan. Also, rec -- it is
recognized that there are certain limitations involved with
developments of this type as -- in terms of interconnectivity to
adjacent sites, but that's always going to be a problem and a challenge
that we're going to have to face. The internal connectivity that --
though, of the site, is -- is -- is there, and all of the uses will be
connected within the site.
COMMISSIONER FIALA: I was really excited to read this. I
read it was the first of its kind it -- were -- like, starting off we're
going to try and change some things, and that's a wonderful thing.
I just had a question -- not that I'm going to know anything at all
about building -- but it said that the building is three stories, but
there's no allowance for parking underneath. And I was wondering;
is -- is that a great idea? I mean, I'm not a builder, but I'm just
asking.
MS. BISHOP: For the record, Karen Bishop, agent for the
owner. Right now we're not actually finished with our designs for the
buildings. There is provisions in the Collier County Land
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Development Code that allows parking under the buildings. We
haven't really explored that yet until we got to the PUD level. At this
point it's not anticipated that we need that.
We're still trying to work with the market studies to figure out
which way we're going to go. We've created this range of units and
commercial that gives us the ability to at least work within a -- a
frame and to be a successful project within that frame. So if-- if we
decide to max out the density, then obviously we have a little less
commercial. If we max out commercial, we have a little less density.
So we've got something to work with for the market.
I did bring some things for you to look at at Commissioner
Henning's request that kind of shows you how we're doing the
architecture and how these mixed-use buildings are going to look and
work, and I thought I would give those to you.
COMMISSIONER FIALA: This -- I'm so excited about it
because this is what we've been talking about, reducing sprawl. And
I thought, wow, this is it.
CHAIRMAN CARTER: Well, three commissioners last week
attended a Southwest Regional Florida Smart Growth Planning
Workshop. Again, many of the things that are presented here were,
again, discussed in that meeting where you rethink what you're doing
with land use in terms of developing a mixed-use community where
people can work and live and shop within an area and not have to be
running out on the roadways as much. And so I am encouraged by
what I see and will certainly look to see how this can be -- all of these
things can be integrated and build a model that we can use for the
future of Collier County.
MS. BISHOP: And that is what we're trying to do now. I -- of
course, normally at this level we wouldn't have this kind of detail.
But because it is new and because it was requested that we give a
little more information, I wanted you to notice that the top view that
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you're looking at here is the commercial side of the building. The
bottom view is the residential side of the same building, but it's the
backside.
COMMISSIONER FIALA: Oh, I see.
MS. BISHOP: So these are two-sided buildings, as per your
community character plans. One of those recommendations -- which
Joe McHarris can go through that. But you can see that these are
really nice-looking buildings, and from either side they really have a
-- a continuity and design.
COMMISSIONER COLETTA: Miss Bishop, is there an
affordable component to this?
MS. BISHOP: There -- I discussed that with our clients, and we
believe that our rents are going to fall within what you would call
work-force housing criteria. I met with -- or spoke with Greg
Mihalic. I got on the website and tried to look at what the other rents
were in this criteria. And, according to my client, that he believes
they'll be falling within that range.
COMMISSIONER COLETTA: Could -- could we make that
part of the record in some way so that we can be assured of
something in that direction?
MS. BISHOP: I -- I can certainly make it part of the record that
we will commit to having a work-force housing element in here for
you. At PUD level, if you want to further define what that number's
going to be, we can do it at that point.
COMMISSIONER HENNING: Is that going to be condos, or is
that --
MS. BISHOP: No. This is rental -- this is a rental apartment
complex, so this will not be condos.
COMMISSIONER HENNING: Hmm.
CHAIRMAN CARTER: I guess one -- one of the things I will
always ask when you get to that level is to put all your creative
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thoughts in there to see if there's a way to establish ownership within
the work-for (sic) housing picture that you put together. I've seen
some great things done in other communities. I know you've got a
land-cost element to work with. But anything that you could do to
begin to achieve that to bring your properties closer to the street, the
parking behind, to build the aesthetics, I think, are very important to a
great element in this community. We would certainly look at that
when we do the PUD review.
Again, you're transmitting and asking to have a mixed-use
property that we can bring back for that fine tuning and incorporation
of work-force housing as two commissioners to my right have -- have
mentioned and you and I have discussed many times in the projects
coming in front of us.
MS. BISHOP: And, you know, the great thing about this
property is that it happens to be a nursery site, which Mr. Buckley
has planted vegetation. So by the time we come onboard with this
project -- and, actually, the vegetation against our neighbors to
Emerald Lakes is already larger than a two-story building. So this
will be one of those projects where people aren't going to complain if
their buffer is going to disappear when they take down the Brazilian
pepper or the melaleuca. This is -- real vegetation's in place. We're
going to see it. It's not going to be a burden to the neighborhood to --
to see that -- that apparent nukeage that comes about when you have
to remove exotics from-- from people's view.
COMMISSIONER FIALA: Jim, you --
CHAIRMAN CARTER: Please.
COMMISSIONER FIALA: -- mentioned something about
parking -- I don't know -- or buildings closer to the street. And I
noticed here you have parking closer to the street. Is that it?
MS. BISHOP: Well, what we have to do to make these things
pedestrian friendly, you've got to be able to use all the way around
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them. So that's really what you're doing. And -- and I want you to
keep in mind the length and width of this property. We have a lot of
length on Airport Road but not a lot of width to the back. So we're
trying to utilize keeping the residential element across the -- back to
the neighbors and give them the buffer with no parking next to them.
So they're looking at the back of residential units, if they see anything
at all.
And then if you look at the way we've set these up, for
commercial uses you really do need to have your parking right in
front of the building. I mean, that really does make sense; and the
same with our elements in the back of residential. We actually are
going to have garages in some places. So we're going to have
underbuilding -- or garages a part of the building parking.
CHAIRMAN CARTER: But I also see here some buffering in
the front.
MS. BISHOP: Correct. We have a 20-foot buffer all the way
across the front -- all four of-- our perimeter has 20-foot minimum
buffers. Yes, sir.
COMMISSIONER COLETTA: One -- one question, if I may:
How is this going to impact Air -- Airport Road?
MS. BISHOP: I have my traffic engineer to discuss that.
COMMISSIONER COLETTA: We have one here too.
MS. BISHOP: Right. And -- and we have met the criteria. And
according to them, we meet the criteria. So I'll have my engineer
give you more detail as you may wish to ask.
COMMISSIONER HENNING: Before we -- before we go on,
Karen, I have some questions. If I figure this right, is -- we're
looking at -- if you build it out to maximum, what you're asking for,
you're looking at 160,000 square feet of commercial?
MS. BISHOP: I believe it was 140 in the -- no. 171,000, I
believe, was the total buildout. Right now this plan that you're
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looking at here, which is just the first blush, the buildout on this plan
which uses more density and less commercial is at about 75,000
square foot. So -- but that's just this pass. And so we've got a few
more site plans and market studies to do. But if we use the 15-units-
to-the-acre density, then we have less space for commercial at this
point, or we would go to a third story. Right now what you're
looking at is strictly two stories. So to -- we could, in fact, meet the
criteria with that third story and still be able to put everything on the
site.
COMMISSIONER HENNING: So you're saying you could use
all your-- you're asking for commercial and residential and still
keeping to three stories?
MS. BISHOP: Yes, sir.
COMMISSIONER HENNING: And still have landscaping in
there and all your parking requirements and all your water retention ?
MS. BISHOP: Yes, sir. We're using ex-filtration trenches for--
for retention in this area which means it will be underneath the -- the
parking lot areas. So at this point -- and we haven't done those
studies to get down to that level. But at this point, first blush, it looks
like that we can make it all fit on here but no more than three stories
maximum.
COMMISSIONER HENNING: And you're going to commit to
three stories maximum?
MS. BISHOP: Yes, sir.
CHAIRMAN CARTER: Other questions by commissioners?
MS. BISHOP: Traffic?
COMMISSIONER COLETTA: I -- yes. I'd like to hear on that.
MR. JARVI: Reed Jarvi, transportation engineer with Vanasse
Daylor. And I'll -- I'll talk about your question, and then you may
have more specific questions after I go around to explain it a little bit.
But we did meet with Dawn Wolfe, who is on the other
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microphone, several months ago and prior to the preparation of our
traffic impact statement for -- or, excuse me, traffic analysis for the
comprehensive plan change. And what we did at that time was talk
about methodology of how we are going to look at Airport Road and
the other north/south corridors primarily because those are -- the
main corridor that is impacted.
So we -- we looked at that, and -- and we projected at this point
in time that Airport Road will operate at Level of Service C or better
when this is built out in -- in several years from now. That's
assuming, I think, rightly so, that Airport Road is six-laned by that
time, which should be since it's under construction now, and
Livingston Road comes in on line, Golden Gate -- not -- Goodlette
Road will be expanded up to Vanderbilt in the near future. And so
there's several-lane miles coming on line north/south in that general
corridor area. So said -- with a maximum buildout, we have it
projected that Airport Road should function within standards, and
you know, we'll -- we'll see in a few months if we go to the maximum
buildout, but that's what we're talking about at this point in time.
COMMISSIONER HENNING: I have a question for Dawn.
Dawn, is this going to take up a considerable amount of capacity on
Airport Road?
MS. WOLFE: It could potentially consume more than what our
5 percent threshold is. They are of a significant level of impact,
based on our comprehensive plan. However, with the other parallel
road improvements that are coming in and in accordance with our
comprehensive plan requirements, reviewing these -- this level of
land development, they are consistent in showing no adverse impacts
on a link-level base.
As they come forward, should they be approved for the mixed
use at this location, during their zoning and site development plan,
they will have to further refine their evaluation of their impacts to a
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greater degree which could indicate either a limitation of
development or more off-site improvements that are required on
behalf of the developer. A comp. Plan amendment is not a guarantee
that they are going to get their building permit. There is more finite
levels. But to the maximum degree, they have met the criteria under
the comprehensive plan transportation element.
COMMISSIONER HENNING: I think you realize my concern
about our roadways as a -- cumulative impacts that we have out there
and --
MS. WOLFE: And as they move forward, they will become
part of that cumulative evaluation, but not at a comprehensive plan
level because, as they have also indicated, they are not sure as to
exactly what they're going to put -- putting down, and we can't even
attempt to say what the absolute requirements would be upon them
until we know. Land use to land use requires different types of site-
access improvements or off-site improvements, and we are not at that
level of detail yet. That will come later, either at a PUD or under a
site development plan.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: Thank you, Miss Wolfe, for a very
concise answer.
Again, ladies and gentlemen, listening audience, when it says we
transmit if the state approves, they bring it back, and then we really
look at all the issues we're discussing here as commissioners, how
will it impact, can we -- does it have to be staged within some sort of
a conceptual framework in which we're dealing with now? We will
get to specifics, and we will answer all those hard questions because
we're confronted with -- this is an urban area.
This is called urban in-fill. And if you don't want sprawl, you
have to be able to construct the facilities somewhere. And that's the
issues that we will discuss and rustle with as the Board of County
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Commissioners and professional staff to deal with these issues to see
how we can do it, when we can do it, and what's feasible to maintain
the levels of services that this community wants so ...
COMMISSIONER HENNING: Do we have a speaker?
CHAIRMAN CARTER:
MS. FILSON: Uh-huh.
CHAIRMAN CARTER:
We have one speaker?
Dr. Richard Woodruff.
Thank you.
MR. WOODRUFF: I apologize. It is on one of the later
petitions.
CHAIRMAN CARTER: Thank you, sir.
Other questions for the petitioner or for staff from the
commissioners?
COMMISSIONER HENNING: I just have a comment on some
of the language that we have in here. On the transmittal, Item M,
"Pedestrian connections are encouraged to all permitted properties,"
my recommendations would be change that wording to "shall connect
all permitted properties."
MS. TAYLOR: The -- the petitioner has already had an
agreement with the public library for an interconnection. Is that still
existing? There have been attempts with other surrounding
properties, and I don't know what the status is on that.
MS. BISHOP: Actually, we've tried to interconnect with the
neighbors at Emerald Lakes. We are going to talk with them again,
but they are not amiable to any interconnect. We have contacted
Brighton Gardens. They have not responded. But it is our intent to
try to connect any way we can because, as most of you know, I'm a
big pedestrian fan.
What I also want to note here is that we will have sidewalks
inside our property that will allow people to kind of get off that
Airport Road sidewalk and kind of walk through the property and
then up, you know, off the sidewalk through our project and then
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north so that you're not sitting on six lanes, you know, back -- a curb-
type sidewalk. So that will be kind of nice, too, with the
interconnects and the library, it --which will be kind of nice.
COMMISSIONER HENNING: Well, if we want to call it smart
growth, then we need to have that interconnectivity of pedestrians.
MS. BISHOP: But we still have this issue that we're trying to
retrofit a lot of areas. And making people do this is difficult and --
COMMISSIONER HENNING: And I have all the confidence
in you that --
MS. BISHOP: I like that too. We will do our best.
CHAIRMAN CARTER: Well, I think it's all of our efforts to
help communities adjacent to -- to understand what interconnectivity
means. It does not mean it's a free flow of a lot of traffic and
pedestrians and all this into your neighborhood. This is, you have
control for your own community to get in and out but not other
people. So we have a -- we have an effort here to make sure people
understand, and I'm going to get back what's in it for them. What are
the benefits for them doing this? How it will be easier for your
community to get services instead of going out on a major arterial?
MS. BISHOP: Well, and, also, I --
CHAIRMAN CARTER:
ahead.
MS. BISHOP: I'm sorry.
We'll work with you on that. Go
I'd like to point out, too, that it would
be nice if some of these pedestrian accesses were actually pedestrian
friendly. And, you know, making the experience of walking along
Airport Road would be much better served for most people if they
were not sitting on the back of a curb of six lanes of traffic. So it
would be kind of nice to start seeing some meandering walks and
some landscaping in there and some other things that could be
integrated into some of these buffers in the front of these people's
property that would be conduceant of a more pedestrian-friendly
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pathway.
CHAIRMAN CARTER: Well, we'll hope you'll step right up to
the plate and pay for that.
MS. BISHOP: Our property -- I think we might be able to do
that.
CHAIRMAN CARTER: Yes, ma'am.
Okay. Any other questions?
COMMISSIONER COLETTA: No. Just that comment that
when we send it forward, that we have the language in there about the
work-force housing component.
CHAIRMAN CARTER: Duly noted.
MS. TAYLOR: Okay.
CHAIRMAN CARTER: All right. Do I get three nods? Okay.
Move to Item No. 3.
COMMISSIONER HENNING: I'm concerned about this, but
we'll see what it looks like as it comes back.
CHAIRMAN CARTER: Well, this is step one to get it back so
we can really look at it.
We are at No. 3, Petition CP-2001-3.
MS. JOURDAN: Good afternoon. For the record, my name is
Jean Jourdan. I'm with comprehensive planning department.
Before you for your consideration is Comprehensive Plan
Amendment CP 2001-03. Representing the applicant is applicant is
Clarence K. Kepple of Kepple Engineering. With this petition he
seeks to amend the future land use element and future land use map
to change the designation from urban residential subdistrict to include
it in the Pine Ridge commercial in-fill subdistrict to permit a
maximum of 40,000 square feet of commer -- commercial
development for the 10.47 acres on the northwest corner of Pine
Ridge and Livingston.
This is the subject site (indicating). To the east of the subject
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site we have -- okay. We have to find what we have here. Okay. To
the east of the subject site we have a single-family dwelling. It's
zoned estates. As you can see there next to that there's Cambridge
Square, Naples Gateway. To the north of the subject site we have the
Community School of Naples. To the west of the subject site is the
Naples Progressive Gymnastics camp. And to the south, which
would be across Pine Ridge Road, we have a related group PUD
which is 276 rental apartment units.
This particular petition, what they are asking for is C-3, C-4
uses. Under its current designation, it would be eligible for
multifamily housing of up to 7 units an acre -- of 7 units an acre up to
15 units per acre with affordable housing.
The -- one of the things about this property here is that it's
encumbered by a 6.7 FP&L easement which comes down here
(indicating). This actually only allows the property to have a -- 3.8
usable acres. Also, recently in 2000 part of the property was taking --
taken for the Livingston Road project. So basically they can only use
3.8 acres, which has a site -- which has a lot size ranging from 57 to
167 feet.
Therefore, staff recommends the approval of this petition based
on the viability of using -- of the property being able to be used for
anything else.
COMMISSIONER HENNING: How many acres is that?
MS. JOURDAN: Actually, the total acreage amount is
approximately 10.57, but the usable acreage is 3.8.
COMMISSIONER FIALA: I noted in here that it said staff has
concerns regarding the transportation impact study pertaining to the
number of trips assigned to the existing retail nursery. Has that been
worked out, or is that --
MS. JOURDAN: Well, what -- transportation may want to
address this or correct me, but what had happened was they felt that
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they went to the highest usable traffic analysis and utilized that.
Even so, they still feel that it would not affect the level of service or
go over the 5 percent. They may want to interject on that.
MS. WOLFE: Dawn Wolfe, for the record, transportation
planning department director. We continue to have concerns over the
leveling of detail provided in their traffic evaluation. However, due
to this site's location and, quite frankly, their accessibility will only
be to Livingston Road due to limited frontage on Pine Ridge with the
FP&L easement, we believe that the primary issue for this property
will be the circulation for entering and exiting traffic, which would be
addressed at such time as they come through for their rezoning for
site development plan. Pine Ridge and Livingston Road will both be
six-lane major arterials. And at this location, the primary concern
will be with the actual site access versus the capacity that the facility
may have onto the roadway system rather than just the total number
of trips. As a commercial activity, a large portion of that traffic is
already in the flow of traffic, and it's how it comes and goes from that
flow that is of primary concern.
COMMISSIONER FIALA: Thank you. One other thing, I just
made a notation here. Also, I just thought staff did a great job on
this. You really got -- they got some figures from the petitioner.
Then they went back and did it themselves and reevaluated
everything, and there was a lot of hard work that went into this. And
I just want to say thank you.
CHAIRMAN CARTER: Do we have questions by
commissioners?
COMMISSIONER HENNING: Just a comment. I -- I cannot
support this. We take a look at Pine Ridge Road, it is continually
pushing the retail and commercial further and further, and I think that
it needs a dividing line. And I see the dividing line as Livingston
Road. Right across the street on Livingston Road you have two
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single-family houses. So I -- I won't support transmitting this one.
MS. JOURDAN: If I may make a comment.
CHAIRMAN CARTER: Yes.
MS. JOURDAN: It's currently-- its current use was a retail
nursery, so it did have some sort of activity in there because it was a
retail nursery.
COMMISSIONER HENNING: I don't see anything wrong with
that.
CHAIRMAN CARTER: Petitioner?
MR. KEPPLE: Good morning. For the record, Terrance Kepple
representing the petitioner this morning.
As stated by staff, this project is constrained by Livingston
Road, Pine Ridge Road, and the FPL easement. But behind the -- to
the west of the FPL easement we do have the existing Etudes De
Ballet dance studio. A little bit further to the west we do have the
gymnastics -- gymnastics school. To the north and west we have
Community School, all of a commercial-type nature. To the west we
do have one single-family home across what's going to be six lanes of
Livingston Road along with current lanes.
Essentially there's going to be eight -- eight lanes of pavement
between this site and the single-family home to the east. There will
be six lanes of pavement between this property and the -- I believe it's
La Costa apartments south of Pine Ridge Road.
One of the things we looked at on this site was, is it a viable site
for residential, which is where the comp. Plan puts it, and what's --
would anybody want to live there? Due to the small nature of actual
buildable area, because of the FPL easement, the living units would
be right up on top of Livingston Road or Pine Ridge Road making
them very undesirable units to live in. And that was one of the main
considerations, what -- what can be done with this property?
It is currently a plant nursery, retail plant nursery, through the
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conditional use process under ag zoning. It is currently zoned
agricultural. We're looking at changing it to a different use. We
don't have any plans for its final use at this point. It is currently still
being used under the ag -- ag zoning.
There are -- they're going to reopen the vegetable stand there
and sell vegetables and -- and fruits from that -- from that location in
the near future. They just planted the strawberries and tomatoes a
couple weeks ago, I believe it was. So it does have some current
uses.
But long range what -- what is the best use for the property?
And in conversations with the owner, we felt that some type of
commercial use would be the best long -- long-term use, not a
residential use because of the constrictions on the property. If I can
answer any other questions, I'd be glad to.
COMMISSIONER COLETTA: One more time, what would
you like to use the property for?
MR. KEPPLE: The current owner has no plans at this time to
develop it. Looking at long range, they have had some interest in
developing some -- some small commercial buildings on the site.
COMMISSIONER COLETTA: Is it normal to bring these
things to us when they're ready to do something with it, it's more
definitive?
MS. JOURDAN: Well, actually, in their petition they have set
forth -- they would not be able to go over 40,000 square feet, which
actually the petitioner worked with us. They had first submitted the
application for 60,000 square feet. We asked them to scale that
down, which they did, to 40,000 square feet. And they have asked
for small retail commercial and medical offices. So that would be the
only things they could put on there is what's currently in the petition.
I think what he's trying to state, they don't know what they're
going -- which way they're going to go. Is it going to be small retail,
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or is it going to be medical offices?
COMMISSIONER HENNING:
C--
Is this going to be C-1 through
MS. JOURDAN: This will be C-3 and C-4 is what they've
asked for.
COMMISSIONER HENNING: So you can actually put a fast-
food restaurant on that site?
MR. KEPPLE: I believe you could under the C-4.
MS. JOURDAN: Yeah. Under the C-4 zoning, I believe you
could.
COMMISSIONER COLETTA: Would you feel more
comfortable, Commissioner Henning, if they stopped with a C-37
COMMISSIONER HENNING: I think you can still put a fast-
food restaurant on C-3.
COMMISSIONER COLETTA: Is that correct?
COMMISSIONER HENNING: It's the intensity of it. The use
of that is now there is a -- a nursery. It is a retail use, and it is
allowed under ag, and I think it's very fitting at its location.
COMMISSIONER COLETTA: If they were to agree to
something like medical offices like we have on the Golden Gate
Parkway, would that be something that your people in District 3
could live with?
COMMISSIONER HENNING: A medical office is a low-
intense commercial.
COMMISSIONER COLETTA: You could agree with that?
COMMISSIONER HENNING: (Nodded head).
MR. KEPPLE: If I may -- and I'm not -- since the current owner
has no definitive plans at this time, we would like to address those
items at the PUD submittal, if we could. But due to the size of the
property, it just physically can't be a very intense use because of the
size limitations, parking requirements, things of that nature.
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However, because they don't have any plans, I'm not sure that they
would feel real comfortable in limiting some of the uses at this time,
would be more than welcome to do that at the PUD stage, which is
the normal time to do that.
COMMISSIONER HENNING: I'm sure we can fit on 3.8 acres
a McDonald's.
MR. KEPPLE: Yes, sir. You could fit a McDonald's. You
could do some of those things, but that would be the only thing,
possibly the only thing on that site.
COMMISSIONER COLETTA: Would you be willing to
eliminate that from the process at this point in time, fast food? I'm
trying to help you through this.
MR. KEPPLE: I understand. No, I appreciate that. That-- that
would not kill the -- kill the project. What I'm concerned about is
that -- I know McDonald's hasn't approached them or a Wendy's or
anybody like that.
Other than fast food, I'm not sure if there's any other types of
uses that you're concerned about. Again, because we don't have a
specific use for this, I would hate to tie strings to something that
perhaps you would like to look at some other uses in the future that
would be more compatible.
COMMISSIONER COLETTA: I think you might find us more
agreeable if we were able to eliminate one of the more intense uses at
this time. Am I correct, Commissioner Henning?
COMMISSIONER HENNING: I think your suggestion of a
medical office is a good one or what the use is today.
COMMISSIONER COLETTA: I could personally wait another
whole cycle on this without any problem at all. COMMISSIONER HENNING: Okay.
MR. KEPPLE: I mean, if you'd care to eliminate fast-food
restaurants, I'm sure that-- that, again, would not stop the -- stop the
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project from proceeding.
CHAIRMAN CARTER: Mr. Weigel, do you have any
comments for us?
MR. WEIGEL: You're doing fine.
COMMISSIONER HENNING: And --
CHAIRMAN CARTER: You know what my question is, sir--
COMMISSIONER HENNING: I -- I think I've compromised to
medical offices quite a bit. I mean, that is a commercial use, more
intense and, you know, probably very fitting to the area with the
Cleveland Clinic right down the street. But to make it anything more
intense, I -- I really have concerns about it.
COMMISSIONER COLETTA: Commissioner Henning, one
other suggestion. How about if the phrase of "medical office types"
or something similar? And that might give them a little bit of wiggle
room for who knows, but at least it would be within that direction.
COMMISSIONER HENNING: Boy, you're a real negotiator.
COMMISSIONER COLETTA: No. I'm just trying to get this
thing forward so we can go on to the next item.
COMMISSIONER FIALA: Another thing, I think someone
said was low-intensive commercial.
COMMISSIONER COLETTA: Well, that-- that's basically
what we're saying here. We're trying to define it.
COMMISSIONER FIALA: Yeah. Medical offices or low-
intensive commercial.
MR. KEPPLE: If I may, I mean, if it's the C-4 zoning that's --
that's at issue, perhaps we could go C-1 through C-3.
COMMISSIONER HENNING: Well, we'd have to really open
up the Land Development Code and look at all the uses. The --
where I'm coming from is if you take a look at the uses down Pine
Ridge Road, some of them are very intense. That is the entrance to
where Community -- you're having a lot of traffic coming off of 1-75.
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It is a service corridor with a lot of those uses there now. I just think
that there's a point in time that we need to stop that spread.
MR. KEPPLE: One -- one of the thoughts behind this property
is that it will probably be attracting bypass traffic that's going home
or to work and things of that nature, as -- as well as other uses, so it
may be a good spot to put something, some type of a retail or
commercial use that's going to prevent those cars from going down
Airport Road or-- in a -- in a different direction to get to those types
of re -- or retail or commercial uses.
COMMISSIONER HENNING: Okay. Commissioner Coletta,
you've -- you've done it again. I'll -- I'll go with offices, medical,
and --
MS. JOURDAN: Excuse me.
COMMISSIONER HENNING: And that's as far as I'll go.
COMMISSIONER COLETTA: Or something similar. Meet
them partway.
MS. JOURDAN: I just wanted to remind the board that at this
time we're only transmitting it to the DCA, so you'll get another shot
at it down the line, and maybe you can work these things out in
between.
COMMISSIONER HENNING: I'm going to hold steady on this
one. Thank you.
COMMISSIONER COLETTA: I have to go with Mr. Henning.
CHAIRMAN CARTER: Well, I count three heads that are not
going to transmit -- I believe that's the conclusion -- or are you going
to go with offices and medical?
COMMISSIONER HENNING: Offices and medical. Yeah,
that's as far as I'll go.
COMMISSIONER FIALA: So you'll transmit it with offices
and medical if that's inserted in there?
COMMISSIONER COLETTA: They have to agree to it.
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MR. KEPPLE: We're talking not just medical offices, but also
offices -- regular offices; is that correct?
COMMISSIONER HENNING: Yes, sir.
MR. KEPPLE: We'll have to go along with that for now, I
believe.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: Is there three votes for transmittal?
COMMISSIONER COLETTA: Yes.
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER COLETTA: Great idea.
CHAIRMAN CARTER: For the record, I vote no in
transmitting.
Next petitioner.
MS. JOURDAN: Thank you.
MR. WEEKS: Good afternoon, Commissioners. I'm David
Weeks of the comprehensive planning staff. The subject property
shown on the visualizer in a striping pattern consists of about 83
acres. As you can see, it has frontage on both Collier Boulevard on
the east side of that road, which is also State Road 951, and also has
frontage on the south side of U.S. 41 east.
The property is designated urban coastal fringe and as a
residential development would be limited to a maximum of 4 units
per acre. If affordable housing was used, it could go up as high as 11
units per acre. Also being within the urban area, it's allowed a
variety of-- of institutional-like community facility uses.
The petitioner has not raised any issue with what they're allowed
to do with the property now. What they have done is asserted that
there is a need for additional properties that will accommodate
regional commercial uses. So what staff has done with the
petitioner's original submittal is, I'll say, given the language a
workover to take what they're saying that they want, regional
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commercial uses, and put the teeth in the language to ensure that that
does, in fact, happen.
I'm getting ahead of myself, though. Let me point out
surrounding land uses. To the east across Henderson Creek is a
mobile home park, also a mobile home park to the south. To the west
across Collier Boulevard is the Eagle Creek golf course community.
To the north are properties within Activity Center No. 18, some of
which are presently zoned commercial, and others are zoned
agricultural but eligible for commercial and a couple of parcels zoned
agricultural outside of the activity center.
Some of the specifics of this proposal of this 83-acre site is to
allow up to 40 acres to be developed with commercial uses, 325,000
square feet of floor area maximum. Residential use -- uses will be
allowed up to 500 dwelling units.
But whatever dwelling units they place on the property must
comply with the density rating system. That is they go through the
normal process to -- to the rezoning of the property to determine just
how many dwelling units they get on the property. But they are
required to develop no less than 200 affordable housing units, use the
word-- the term "work-force housing." But in our codes, affordable
housing is what we have the definition of. And so that's what -- what
they will be committed to.
The residential component will be limited to a maximum height
of three stories over parking. The commercial component is limited
to one story but up to 35 feet in height. There are other requirements
here listed in the text. I would also point out a loop road is required,
an access point, both on Collier Boulevard and on U.S. 41, and that
loop road must be open to the public.
A comparable circumstance that comes to mind is Naples
Boulevard up in Pine Air Lakes which connects Pine Ridge Road and
Airport-Pulling Road. That is what we're talking about as far as a
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loop road.
Since the primary intent of the project is to -- to provide for
regional commercial uses, we've got language that says that that's
what they have to do. A maximum of 10 percent of the allowable
commercial square footage can be devoted to nonregional
commercial uses. Also, at least one building must be developed at a
minimum square footage of 100,000 square feet, again, focusing on
retail uses. Some uses that come to mind would be your warehouse
clubs like Sam's or Costco or a store such as Home Depot.
There's additional language in here about the remaining square
footage to be developed with regional commercial uses, that they
must have a -- minimum square feet of 20,000 square feet of building
area. Staff would like the opportunity between transmittal, if this is
transmitted, and the adoption hearings to look at that further. We
may want to come back and tighten this up even more. Again, they're
saying there's a need for regional commercial uses. We want to put
the language in there firmly that will -- that will require that is, in
fact, what will happen with the property.
We do give some examples in the staff report that is an
attachment to your executive summary of some of the other large
regional commercial uses in the Naples area such as both of the
Home Depots, the Sam's Club, and Costco, all of which are in excess
of 100,000 square feet. And then we give one of the smaller ones,
which is the Sports Authority, and that is over 40,000 square feet.
With the changes that have been made from the original
submittal to what is before you now, staff does support this petition.
The Planning Commission also supported this petition for transmittal.
And, again, the caveat that staff will be looking at this if it is
transmitted, between transmittal and adoption to -- to see if there is
any need for additional language regarding the square footages for
some of those regional retail commercial uses, possibly prohibiting
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some additional uses from the -- the list that will be allowed on the
property.
And, also, we might have -- we might want to modify the
definition of regional commercial which is -- is provided now, which
this was added at the Planning Commission hearing. We might want
to modify that language somewhat.
As far as the public facilities impact, in staff's opinion, this will
not exceed the significance test. But, as you've heard with these
other petitions, the comprehensive planning stage is different than the
rezoning stage. You do not get down to the level of analysis that will
occur most particularly regarding transportation as would occur at the
re -- rezone stage -- excuse me -- and certainly not to the level of
detail as would occur at the site development plan stage. So there
certainly is -- is opportunity for additional review, and it is needed for
there to be additional review of this petition regarding this public
facility impact.
With that I'm completed.
COMMISSIONER FIALA: I'm just --
CHAIRMAN CARTER: Questions. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'll just mention pros and cons
real quickly here. I -- the idea of having a regional shopping area,
something like a Sam's Club or-- or Home Depot in that area that
would serve both Marco Island and the far East Naples people, I
think, is outstanding. We could really use it there.
Secondly, Marco Island has a great need for work-force housing,
and -- and they don't have any room on Marco to do it, so this would
be close. And so I like that component as well. I -- I've been very
concerned with what kind of work-force housing is going into East
Naples, because we're accommodating so much of it, I wanted to
make sure that it was a work-force housing component that -- that
was -- that was suitable for the area. But I've been assured that it is,
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and they sat down -- I asked my questions there.
But the problem -- the one thing I see as a problem area -- I'm
sure we can work it out -- is the transportation. When you have a
level of Service D already and -- and you've got 500 units, that could
be a real problem, and I realize we have a loop road there. But I
wanted some assurance from the transportation department that this is
-- this is acceptable to move forward.
MS. WOLFE: Dawn Wolfe, transportation planning director.
At this point in time, based on the evaluation that was required for a
comprehensive plan amendment, it is reasonable for this to go out --
forward. However, that is not a commitment that coming forward at
a rezone or an SDP that they would be afforded an approval if the
level of service was degraded below an acceptable level of service,
meaning our adopted standard of level of Service D, and did not meet
all of the requirements of the Land Development Code and the
comprehensive plan at the time that application came forward. This
only allows them to come forward and be considered for those types
of land uses. Otherwise, they could not come forward under a rezone
for this level of mixed use in zoning.
So the bottom line is, there are other triggers along the way that
they could be stopped or limited in development until such time as
improvements were made out there.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Commissioners, question for staff?.
If none, Mr. Yovanovich.
MR. YOVANOVICH: For the record, Rich Yovanovich on
behalf of the petitioner. I have Bill Schrage and Bob Warstler here,
who are the ultimate developers of the property. Duane Arnold,
Dean Smith, and Chuck Mohlke is also here.
I've got a little bit of a cold, so I probably am not sounding too
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good. But, anyway, David did an excellent job of explaining what
the project would be. I wanted to highlight a couple of things. We
had -- we went and we met with the residents of Eagle Creek,
explained the project, what we planned on doing there. And at this
stage I believe they were favorable of the project. They had a couple
of concerns, landscaping in the medians, attempting to get a traffic
light at their entrance and our entrance.
Here's a site plan that you have seen before of what we're trying
to do. And, basically, it was -- the landscaping concerns and the
traffic light were their major concerns.
I have called and spoke to the vice president of the -- the mobile
home park that's adjacent to us as well. I did not have a chance to
have a personal meeting with him, but I explained to him in detail the
process we're going through, the intended uses, and that we are
asking for transmittal and that we are actually -- we have a specific
plan. We will be submitting a specific PUD if we get transmittal
today. So we will at least have in the process the PUD for staff
comment and review and traffic analysis all in the process while we
come -- when we come back for adoption.
And, candidly, we've already met with your staff about
expediting the rezoning of the affordable housing portion of it right
now with the goal of being done with that PUD portion by the end of
February. So we will -- on the affordable housing portion of it, we
will do -- we're trying to expedite and go through a fast-track process.
And we've met with your staff, and we've met with Dawn. And
we know what we need to give her to answer your questions,
Commissioner Fiala, about impacts of the traffic. The loop road is in
there, and there will be an interconnect between the residential
portion of the property and the commercial portion of the project.
The Planning Commission recommended, you know, approval
7-0. We worked with David on a definition of what regional is. It --
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it's -- it's a type of user that usually has stores at least 5 miles apart,
serving a radius of 5 to 10 miles. So we've been -- we've been
working towards a definition to make sure that what we meant was
regional, you'll get regional, you'll get the PUD in the process. So
when you get adoption -- when we get to the adoption stage, it is a
"what you see is what you get." It's not a hypothetical.
COMMISSIONER FIALA: Uh-huh.
MR. YOVANOVICH: We will also bring specific architectural
standards to address -- there's got to be uniformity -- uniform --
whatever. They've got to be uniform between the commercial and
the residential. And we will bring very strong -- we will bring you
specific architectural standards for the affordable housing portion of
it so that it will be attractive, and it will be something that you'll be
proud of to have in your -- your -- your district, and it will be a very
nice affordable housing project.
COMMISSIONER FIALA: When you say "affordable," could
you define affordable? And the reason I'm asking you that is, are we
talking about subsidized -- because that falls under affordable -- or
are we talking about work force, or are we talking about low, low
income?
MR. YOVANOVICH: We are talking about -- we will be
meeting with Greg Mihalic to go through the affordable housing
agreement that is tied to the density bonus unit. And it will be
serving -- it will be a rental project. So it will -- it will cover low -- I
think it's what? Very low, low, and moderate. It will be a -- a full
mixture of that. Work force, I found out, means different things to
different people.
COMMISSIONER FIALA: Yes, it does.
MR. YOVANOVICH: It is tied to a-- the definitions are
affordable. I think work force has come to mean maybe a higher --
higher end but not -- doesn't qualify as affordable.
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COMMISSIONER FIALA: It doesn't qualify for subsidize --
MR. YOVANOVICH: Right. Or for tax credits and --
COMMISSIONER FIALA: Right.
MR. YOVANOVICH: -- and-- and other--
CHAIRMAN CARTER: What I would tell you, as I told you
privately, I'm looking for work-force housing where people can build
equity; that's ownership. And you said you guys might have missed
the memo. And I have some stuff from the regional meeting that I
would like to share with you which will show you that it's affordable
and it's -- it builds equity, and you can probably get the same amount
of space that you might have to do for rentals.
Now, I know this is in transmittal. I agree with Commissioner
Fiala; I like the concept. I like what we're going and what we need to
do. What -- I assure you when you come back with your PUD and
begin to look at this, I have a lot of things that this commissioner
would like to share with you, and I will continue to push for equity
ownership by our work force versus all rental properties.
COMMISSIONER FIALA: Get a -- excuse me, but -- personal
talk, excuse me. We cannot do this normally. I'd love to get some
paperwork on that -- on that --
CHAIRMAN CARTER: Well, with the handouts that we
received up there, I'm going to share with them because I saw this
product that -- you know, townhouses -- we see we have a senior
population. They don't want to be in townhouses. We're talking
about working -- young working couples who have no problem
running up and down stairs. At least if you got a problem at this
point, they got bigger problems ahead. But this is the kind of product
where you can get people to establish ownership, good-looking
product. And it's what I call starter homes. It's where I think all of us
at this point -- we had a starter home, and this is what it's all about.
COMMISSIONER FIALA: That sounds great.
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you,
COMMISSIONER HENNING: Well, I -- I must say, that's
where I still am. I'm still in the starter.
COMMISSIONER FIALA: Hey, you know what? I -- I'm in
mine too, been in the same one 27 years.
CHAIRMAN CARTER: Thanks to the stock market, we'll all
be there.
MR. YOVANOVICH: Commissioner, we did-- we did commit
to evaluating the possibility of a owner type of product. We'll have
to see with-- you know, based on construction costs and land costs --
CHAIRMAN CARTER: Well, we may not all be --
MR. YOVANOVICH: We don't know, but we -- we are
committed --
CHAIRMAN CARTER: I know you're looking at it. I will
push for at least a percentage of that to be ownership. MR. YOVANOVICH: Okay.
COMMISSIONER HENNING: Clarification. You mentioned
Chuck Mohlke is a part of this. Can you clarify that?
MR. YOVANOVICH: Yeah. He -- he's the person who
actually did the market study.
COMMISSIONER HENNING: Oh, okay. I thought you were
-- he's changed occupations.
MR. YOVANOVICH: No, no, no. He's a -- you haven't, had
Chuck?
No. He has not changed occupations.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: Do we have speakers on this?
MS. FILSON: The next one.
CHAIRMAN CARTER: Questions by staff-- by-- by
commissioners?
COMMISSIONER COLETTA:
CHAIRMAN CARTER: Okay.
No.
Do we have three nods?
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COMMISSIONER FIALA: Uh-huh.
CHAIRMAN CARTER: Okay. Thank you.
MS. TAYLOR: Good afternoon again, Mr. Chairman,
Commissioners. For the record, my name is Amy Taylor with your
comprehensive plan--
CHAIRMAN CARTER: You're going to have to get a little
closer to the mike or lift it up, Amy. Thank you.
MS. TAYLOR: For the record, my name is Amy Taylor. I'm
with your comprehensive planning staff. Before you for your
consideration is Comprehensive Plan Amendment 2001-5, the
research and technology park subdistrict. This petition was drafted
by the Board of County Commissioners to be developed at the
economic development workshop in May of 2001. This petition
would amend the future land use element of the growth management
plan to create a new mixed-use subdistrict within the urban mixed -
use district and would be allowed, also, within the urban commercial
and urban industrial districts as well.
It was identified by the Board of County Commissioners that --
to locate the target industries of the Economic Development Council
definitions within the current regulatory framework, what is
problematic at best.
Further analysis by staff discovered that -- that the information
and analyses was consistent with that perception. The research and
technology park designation as proposed includes a combination of
low and environmental impact industries allowed in either the
business park industrial or commercial zoning districts that no single
land use or zoning district allows the combination of uses that would
be provided for in a research and technology park designation. Of
the target industry uses, which are high-tech low en -- environmental
impact identified by SIC code, only 23 percent are allowed within the
current business park subdistrict.
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The business park subdistrict also has more stringent locational
criteria. Access is from an arterial road system, unless the business
park is within the -- an industrial subdistrict. This proposed
amendment would expand the potential for higher intensive uses to
roadways designated as collector facilities. The arterial -- terial
roadway classification currently is U.S. 41, State Road 84, State Road
29, Immokalee Road, Pine Ridge Road from U.S. 41 to 1-75, and
Airport-Pulling Road from U.S. 41 to Pine Ridge Road.
As a result of-- of staff's and the EDC's requests, in the
language of the text amendment there are provisions to limit uses to
industry -- industries and activities with low environmental impact
with this expansion to the collector roadway system. Also, it was
felt, quite clearly by staff, that when it is adjacent to residential, the
project must have a residential component between the neighboring
residential development and any research technology associated uses.
Some of the features of the research technology park and what
distinguishes it from business park are what follows: Of course, they
are high-tech, low environmental impact uses, and the target
industries are defined by the Economic Development Council. Up to
20 percent of the properties, no matter where they may be adjacent to,
may provide work-force housing. It is not required, but it's -- it's --
it's an option. Up to 40 percent is required -- I mean -- I'm sorry. Up
to 40 percent is required. Work-force housing is required if it is
adjacent to a residential community or land use. And up to 20
percent -- and this is why the incentives to -- to the development
community, that up to 20 percent of the nontar -- of nontarget uses
can -- can be developed in the park with C-1 to C-3 uses and hotels.
COMMISSIONER HENNING: Amy, can I stop you there?
MS. TAYLOR: Sure.
COMMISSIONER HENNING: I just want to thank you for all
your hard work on this. This is something that we requested for you
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to do. I think we all read it.
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER HENNING: You did a great job.
MS. TAYLOR: Okay.
CHAIRMAN CARTER: I think it's fantastic, and I'll let you
explain this for our listening audience. I'm sitting here like this is a
dream come true. We finally begin to address what we have to do to
build these smart parks, high-tech centers along the corridors, which
does everything that this community is asking us to do.
COMMISSIONER FIALA: You've been pushing that -- for that
for a long time.
CHAIRMAN CARTER: Yes, I have. And I am really pleased
that we are here today to hopefully transmit.
COMMISSIONER FIALA: One housekeeping question, if I
may.
MS. TAYLOR: Sure.
COMMISSIONER FIALA: On the top of page 37 -- it's -- it's
just a housekeeping question. It says paragraph -- it's talking about
the work-force housing. And it says, up the 20 percent total acres
work-force housing except as provided in paragraph I below.
But paragraph I probably isn't the one. It's really J; right?
Because J really addresses the work-force housing abutting the
residential properties. I -- I know it's just work -- it's just
housekeeping, but if we're going to transmit to DCA, we want to
make sure that's correct.
MS. TAYLOR: Yes. I'll make the change.
COMMISSIONER FIALA: Thank you.
MS. FILSON: This time it really is Dr. Richard Woodruff.
CHAIRMAN CARTER: And now, ladies and gentlemen--
MS. TAYLOR: I -- I did want to make a final comment as we --
as he's walking up. We -- we did work very, very closely with the
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Economic Develop -- Development Council. In particular, Tammy
McElroy was -- was really critical in -- in developing some of the
language, and we did some of the eval -- evaluating.
There -- as Mr. Woodruff will be addressing, there are specific,
you know -- there may be too much specificity as it was reviewed
even further over the last couple of weeks by the Economic
Development Council members. And he'll be addressing that as well.
But we're going to be working with them. Our -- our -- our concern
would be that we transmit reco -- staff recommends to transmit, and
we can work out these finer-- finer details before adoption. So with
that I'll -- I'll turn it over.
MR. WOODRUFF: Thank you. Good afternoon. For the
record, Richard Woodruff with Wilson, Miller. First of all, I would
like to join you in recognizing Fred Coyle as a county commissioner.
Totally off of this particular topic, I will tell you I had the privilege of
working with Mr. Coyle. He will bring a very good discipline to the
work effort that you as a commission has. I'm confident that the five
of you together will be very successful. So, Mr. Coyle, as a former
employee of his, I certainly give him a vote of confidence. I'm very
pleased.
COMMISSIONER HENNING: He does a great job.
MR. WOODRUFF: For the record, I would also like to tell you
this morning when a certain gentlemen testified that all of the county
government employees parked up close, I have to tell you when you
took your lunch break, Amy parked on the grass as far away from the
building as you should get. So just for the record, you have at least
one county employee who is not right up here at the front of the
trough.
Regarding research and technology, first of all, we would like to
-- I'm speaking for Wilson, Miller -- we are very pleased that you as a
commission are considering the adoption of this. We think that it is a
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November 13,2001
very important thing that will help us with the economic
diversification of our community.
There are, however, five points in this that I do not expect you to
change today, but I would like you to be aware of some of the
refinements I think we need to work with your staff on between now
and final adoption.
Those five points are the following: First of all, in the text being
transmitted, we identify those uses, and we call them the target
industries. We then proceed in the comprehensive plan proposed
amendment to actually list what those industries are. The difficulty
with that is that should those target industries need to change, it's part
of your comprehensive plan. So what we're recommending is that
you not identify specifically, as tightly as you have done here but,
rather, in your LDC, your Land Development Code, amendments
which will have to be adopted to implement this, that you put that
specificity in there. You will still need from time to time to amend
that, but that will be done through ordinances and not through the
transmittal to DCA and the full comprehensive plan. So that's one
change that we would certainly recommend to you.
The second change that we would recommend to you is that at
the present time it says that the nontargeted industry, the nontargeted
uses are those in uses C-1 through C-3. What we would recommend
is that you consider allowing those from C-1 to C-5. But remember
two caveats: Wherever this is applied, it must be a planned unit
development. By giving C-1 to C-5, it gives you the full opportunity
to find support services and then put them in the planned unit
development.
You are not giving away the farm by saying C-1 to C-5. You're
really just opening it up so that when a petitioner stands in front of
you six months from now, we could have an actual PUD that says
these are the uses from C-1, these are the uses from C-2, here are the
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uses from 3, 4, and 5, and this is how they are supportive of the
technology park.
The third point that we would ask is this: In the district itself, it
does state that you must have a residential component where it is
adjacent -- where the proposed development is adjacent to residential
properties. In the real world of Collier County what that really says
is that, I believe, 101 out of every 100 petitions is going to have that
requirement. And what it's going to be is a piece of property that is
adjacent to existing residential.
The difficulty here -- I know that you have, as a goal of the
commission, affordable housing, work-force housing. And that is a
goal that this community needs. And I have to commend you for
taking very strong stands for that.
At the other hand, you have another goal, which is economic
diversity. And it is the goal of trying to create business parks and in
this case research and technology parks. And what I often-- as with
anything in life, we have to decide; can we have our cake and eat it
too?
What we would say to you in this case, we would see a -- an
exemption from having a housing component. And let me explain to
you why. You have very limited opportunities for the placement of a
research and technology park. You have wide-open opportunities for
residential development throughout the urban area. But what you're
going to find is that for every one opportunity for research and
technology to be located, you may have six or seven or ten
opportunities for the work-force housing.
Closing very quickly, the last point, we know that you have a
500-acre limit on this. And I asked Amy -- I said, "You know, that's
an odd number to me. It's not a section of land, so it's not six forty.
It's not a half section of land, three twenty. Where does 500 acres
come from?" It comes apparently from the DCA wanting a number.
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What I would say to you is, let's try to get that number as high as
possible, and here's the reason why. Even though the ordinance
states or the amendment states that it excludes -- it is exclusive of
open space and conservation areas, we also have to remember that we
still have water management. We still have right-of-ways. We still
have turtles that we've got to take care of from time to time. We've
got indigenous xericscape. And when you start saying that you're
capped at 500 acres, I wonder will that actually get us off and running
on the economic diversity. With those comments, we would
recommend you transmit this. We do not expect you to amend this
today. But between now and the final hearing, we will be continuing
to work with staff.
Closing comment is this: Although I'm recommending changes,
do not lose sight of the fact that we totally endorse adding to the
comprehensive plan a research and technology park subdistrict.
Thank you very much.
CHAIRMAN CARTER: Thank you, Dr. Woodruff. One quick
question: You said DCA is looking for a number. I agree; they
always look for something. What would you suggest? Would you
say up to a thousand? Up to -- is there some way we can frame that
so we have flexibility?
MR. WOODRUFF: Obviously the larger the better because it
gives us more economic diversity. I suppose what you could do is
work with your staff to get their best advice as to what higher
number. Is that number 640 acres or a thousand acres? I do believe
it's unrealistic for it to be left totally open. So whatever the staff feels
is best, you can always come back down to the 500. So maybe if you
could start off at a thousand, it would certainly give us more
flexibility and the potential to reach your goal.
CHAIRMAN CARTER: Thank you.
Commissioner Fiala.
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COMMISSIONER FIALA: Fast. Five points you had. I only
got four: target industries, nontarget industries, residential
component, 500 acres. What was the fifth one?
MR. WOODRUFF: Well, the fifth one got me on the clock, so
since you have asked--
COMMISSIONER FIALA: I opened it up.
MR. WOODRUFF: Yes, ma'am. Thank you very much. The --
the fifth point that we were looking at was the possibility of allowing
the research and technology park literally in any of the urban
districts. As presently drafted, what it does state is that they are in
the urban industrial district. They're in the urban mixed-use district
or in the urban commercial district. What we would like to suggest is
that they be in any of the urban districts, but with the very clear
recognition that they're going to have to come back as planned unit
developments, and they're going to have to meet the compatibility
tests.
COMMISSIONER FIALA: Thank you.
MR. WOODRUFF: Thank you for allowing me the fifth one.
CHAIRMAN CARTER: Other questions by commissioners?
COMMISSIONER HENNING: Just a comment. I'm glad you
brought out that point. It doesn't need to meet the compatibility of
adjacent uses, and maybe that kind of satisfies my concern of next to
residential.
MR. WOODRUFF: Thank you for your courtesy.
MS. TAYLOR: Just as clarification, the urban mixed-use
district includes and the urban industrial district and commercial
altogether includes the urban area east -- I mean, one mile east of 951
roughly, so that -- that's a point that -- that is covered within what you
are transmitting today.
The -- with regard to the other issues, one of-- one of staff's --
and, of course, the -- the commission, as it's -- as it's vocalized many
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times, has been affordable housing. The reason why it's in here is
because of that -- that commitment to providing work-force housing.
The other is, you know, the "work, shop, live thing," the
interconnectivity between-- between adjacent land uses. This will
provide that opportunity as well. Those that want an opportunity for
a higher-paying job and a high-tech industry would also be able to
afford to live near there and not put a burden, an extra burden, on our
transportation system. So with -- the other issues we -- we can work
out, I think, a little carefully, and we'll examine that one very closely
as well. And we'll bring those changes before you at that time.
COMMISSIONER FIALA: I would fight to support that effort
because I would want to keep a residential component in there as
well. Count on me.
CHAIRMAN CARTER: Well, I agree. As many of you have
heard me say, I've had this dream since I was in Denver in the early
'90s and saw high-tech parks with all of the compatibility of the
shopping, the residential. It's just awesome. When you walked in
those areas -- and you could go for blocks or a couple of miles in
either direction and walking around in this, you know, you just stood
there and you said, "This is where it needs to be." So I think, future,
we'll see it here. All right.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: Thank you. I think we've got nods for
transmittal.
All right. Now we need to entertain a motion to transmit --
MR. LITSINGER: Mr. Chairman.
COMMISSIONER COLETTA: So moved.
MR. LITSINGER: Mr. Chairman, if I may add a few more
comments prior to your motion ...
CHAIRMAN CARTER: Yes, sir.
MR. LITSINGER: I would like to make a couple comments
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relative to your transmittal of the amendments that we presented to
you today in the fact that what we're essentially doing here today is
Episode 1, which we will follow with Episode 2, the adoption --
trying to get into that Star Wars mode -- in late February, early
March. And I wanted to point out to you, because I think it's very
important that you be aware of this fact, that between now and then
certain things are going to happen, some of which you discussed
today as we continue to work on these amendments while they're, in
fact, in review.
But, in addition to that, when we come back to you for adoption
in late February, early March, you're going to have three what we call
previously unreviewed amendments. One, of course, will be the CIE,
and the other will be the transportation element. And the other will
be a -- an amendment to the future land use element associated with a
lawsuit settlement which we will ask you to adopt based on our
analysis and your decision making at that time and have the DCA
rule them in compliance or not in compliance based on the merits of
the amendments as you adopt them.
One thing I'd also like to point out to you, which plays into that
scenario relative to the amendment, you're going to see to your
capital improvement element and your transportation element, which
will be significant, will be the fact that you will be having a special
meeting on -- at 2 p.m. On November the 30th for the presentation of
the annual update inventory report on public facilities at which time
you will be hearing some very detailed proposals for changes to the
way we look at transportation analysis and also as we deal with the
issues associated with our public facilities to include roads and all the
other critical key components that you folks have to deal with.
So I just wanted to add that for the record in that when you make
a motion to transmit this resolution with these amendments that when
we come back to you again, you will be seeing three additional ones
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to go with them.
MR. OLLIFF: I want to make sure the board understands, so
I'm going to -- I'm going to do my best to translate quickly what I
think Stan was telling us, and that is while we had talked about
making some amendments to especially how we review land-use
petitions from a transportation standpoint, we are going to be
presenting those amendments to you when you actually review for
adoption this same cycle.
So in late February or March, we should have for you those
amendments, the ones that you've talked about in workshops and the
ones that you will again talk about in the AUIR workshop, that will
discuss issues like the 5 percent rule in particular. So some of those
will be in this cycle, but we won't be able to see them and adopt them
until we get to the actual adoption hearing in February or March.
COMMISSIONER COLETTA: Hallelujah.
MR. OLLIFF: Okay.
COMMISSIONER HENNING: I hope we can get those ahead
of time so we can study those.
MR. OLLIFF: You should in concept be talking about those at
the end of this month at the AUIR, and then we will adopt them and
then bring them forward in more specific detail between then and
your final adoption hearing in February or March. CHAIRMAN CARTER: All right.
COMMISSIONER HENNING: I'll second Commissioner
Coletta's motion.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Coletta. I have a second by Commissioner Henning.
All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
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November 13,2001
CHAIRMAN CARTER: Motion carries.
All right. That takes us to the next item.
But, Magic Fingers, how are you doing? Do you need a break?
Okay. We're taking ten.
(A short break was held.)
CHAIRMAN CARTER: 8-C, was that continued?
COMMISSIONER FIALA: Yes.
MR. OLLIFF: 8-D.
MS. FILSON: 8-D.
Item #8D
RESOLUTION 2001-443, ESTABLISHING NEW COUNTY
COMMISSION DISTRICT BOUNDARIES (MAP 4) PURSUANT
TO CHAPTER 124, FLORIDA STATUTES, AND THE FLORIDA
CONSTITUTION- ADOPTED
CHAIRMAN CARTER: After a brief fuddle with the
commissioners, we decided which agenda item we're on. Come on,
folks. Lighten up. We'll be here for a quite awhile. We are at Item 8-D as in David.
MR. WEEKS: Good afternoon, Commissioners. For the record,
I'm Dave Weeks, chief planner in the comprehensive planning
section.
The item before you now is the redistricting of the county
commission districts. This is something that's required by the Florida
constitution to occur every ten years after the decennial census. By
state statute it also can occur more frequently and typically does
occur about every five years.
The last redistricting occurred in Collier County in 1995 when
the population was approximately 183,000. Today, or based on the
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2000 census, Collier County's population is 251,377 persons.
This exercise in redistricting primarily is a population-driven
exercise. It is a redistricting to redistribute the population. And in
this exercise we look at the total population to make the districts as
even as possible.
As you might recall on June 26th of this year, you adopted three
criteria for this redistricting effort. Number one was to redistribute
the population as evenly as possible; number two, to keep the districts
as compact and regularly shaped as possible; number three, of course,
maintain incumbency, make sure that you are still in your district that
you're in presently when we're through with this process and all of
the --
CHAIRMAN CARTER: It is quarter-- 3:30, sir. I'm still there
in my district.
MR. WEEKS: Oh. Yes, sir.
CHAIRMAN CARTER: It's okay. Lighten up. Come on. You
know, have some fun here. After all, you know, the world hasn't
ended.
MR. WEEKS: Additionally, there are some other criteria that
need to be considered in this process. One is that we need to avoid
retrogression of the minority voting strength. And, simply put, what
that means is make sure that we do not dilute the minority voting
strength in the county.
Secondly, we need to maintain communities of interest,
neighborhoods. And, also, we need to minimize the disruption to
your existing districts, as much as we can. And, finally, we should
use well-defined, easily recognizable boundaries.
Through a collaborative effort between the division of
community development and environmental services of which I'm a
part, the county attorney's office, the school district of Collier
County, and also the supervisor of elections office, we've drafted five
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proposed maps which you-- individually, Commissioners, you have
seen before.
In your executive summary on the second page you'll see the
population as it exists today and as it would exist under each of the
five proposals. And when you look at the existing population, it
becomes readily apparent for the need of redistricting. District 4,
which includes the City of Naples and its immediate surroundings, is
approximately 9600 persons below the target or equity population
which we would like to achieve. And that is simply taking the 2000
census figure, dividing it by 5. We come up -- come up with a figure
of 50,275 persons. That's our target population for each of the
districts.
However, we don't want to get too hung up on that population in
the sense of trying to get right down to a single person or two. We
are allowed a deviation by as much as 5 percent. And taking into
account the other criteria, as far as the boundaries that we choose and
so forth, we -- we do have some latitude with those numbers. And
you'll see again in the five proposed maps that they vary quite a bit.
Map 3 is the one that jumps out as having the population most
similar. There's only a difference of just over 400 persons from the
lowest to highest.
If I didn't say this earlier, the retrogression of minority voting
strength that -- looking to see that we do not dilute it, is not based on
total population. It is based on voting-age population. And there's a
significant difference between the two.
District 5, which includes Immokalee and most of Golden Gate
Estates, essentially the area east of Collier Boulevard, by far has the
highest concentration of minority population. Therefore, it's the
district that we have the most concern about as far as the impact upon
the minority population. Presently the black population comprises
7.3 percent of the voting age; and the Hispanic, 36.1 percent of the
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voting-age population.
We've held a total of four meetings in the communities together,
public input, two in Immokalee, one in Golden Gate city, and one
here in this room. A total of 33 persons attended. However, 9 of
those persons attended more than once. So we actually had 24
different persons in attendance. Of those that did express an opinion
about a -- a map preference, and certainly not everyone did, Map No.
4 was the -- the map found most favorable or most desirable. I'll put
that up on the visualizer.
And as I mentioned earlier, there -- there is a total of five
proposals. Maps 1 and 2 are almost identical; the other three vary in
various ways, which is explained in the backup information. So I
would like to walk through briefly, for the benefit of the viewing
public, what the differences are. Let me finish first with the public
comment.
The two comments that we heard the most often had to do with
the Immokalee Road corridor, essentially the area on the north side of
Immokalee Road from the Willoughby Acres area eastward over to
Collier Boulevard or County Road 951. The comment was the
population in that area and the types of development in that area are
very different than most of the rest of District 5. These tend to be
golf course communities, gated communities, communities that are
more effluent, primarily a white population, also an older population.
Some of those neighborhoods include Quail Creek, Quail West, The
Strand, Longshore Lakes, and -- and there's Quail Village. There's
several in that area.
The second comment pertains to specifically Map No. 3. I'll put
that up next. One of the distinctive features about this map is that it
takes District 1 all the way out to the east side of Everglades City. It
-- it puts Everglades City, Chokoloskee, and Plantation Island into
District 1. It takes it out of District 5. And the public comment was
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that's not a good idea. That population is more like District 5 than
District 1, and it should be left where it is.
The Black Affairs Advisory Board -- I'll put up Map 4 again.
The Black Affairs Advisory Board met twice. Their first meeting
they did not have a quorum. At the conclusion of their meeting they
did vote to endorse Map No. 4. The Hispanic Affairs Advisory
Board met and reviewed this matter. They -- in their motion they
stated they do not want to see the minority vote diluted, and they
endorsed either Map 1 or 2.
The District School Board of Collier County has discussed
redistricting a couple of different times. Their general consensus is
that they will follow whatever you do. Whatever map you adopt they
will adopt. But they did vote as their preference unanimously as Map
No. 4 also.
And as I was discussing earlier about the couple of most often-
heard comments about the maps, Map No. 4, as well as 1 and 2, does
not take in that Everglades City population. It leaves it where it's at.
And, secondly, it takes that population west of Collier Boulevard and
north of Immokalee Road, moves it out of District 5. And Maps 1
and 2, it all goes to District 2. In this Map 4 that's on the visualizer, a
portion of the population goes into District 3
ofi-75 goes into District 2.
Staff in this process --
CHAIRMAN CARTER:
MR. WEEKS: Yes, sir.
CHAIRMAN CARTER:
, and then a portion west
That's No. 4, sir?
Map No. 4.
And that really squares off, too, the
most, if I remember, from our conversation?
MR. WEEKS: Yes, sir, it does. That's correct.
CHAIRMAN CARTER: Thank you.
MR. WEEKS: Staff, in preparing five different maps, we could
endorse any of those. That is, they all meet the criteria that you have
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directed, as well as the additional criteria that we find in case law
regarding preclearance requirements. So we-- we have no favorite.
I'm just relaying to you the public that has voted a preference has --
has identified Map No. 4.
Collier County is covered under the Voting Rights Act of 1965.
We are a -- what's called a covered jurisdiction. This process is not
over after we adopt the map. We will have to send the map and a
variety of support materials to the Federal Department of Justice for
preclearance, and principally what they are looking at is to make sure
that we have not diluted the minority voting stream. I believe --
CHAIRMAN CARTER: Can we get that back before the next
election?
MR. WEEKS: Excuse me?
CHAIRMAN CARTER: Will we get that back from them
before the next election?
MR. WEEKS: Yes. They have -- they're allowed up to 60 days
to complete their review. We're going to request that -- what's called
an expedited review, ask that it be done faster, because we are aware
of the registration for candidates opening up in early January. And if
we go out 60 days, we would exceed that time period. So it is our
desire to have the map finalized, have it cleared by the justice
department by the date that candidates can -- ask start filing for the
election polls. Commissioners, with that, I'm-- I'm concluded.
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MS. FILSON: Yes, sir.
Questions by the board?
Public speakers?
We have two public speakers. The first
one is Chuck Mohlke, and he'll be followed by Fred Coyle.
MR. MOHLKE: For the record, my name is Chuck Mohlke.
I'm a resident of District 4, and I'm located in Precinct 614. That's
essentially at the intersection or almost at the intersection of
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Goodlette Road and Pine Ridge Road.
I appear before you and hope that this honorable board will give
some consideration to these remarks as you deliberate about this
important question. It is very important for me to say at the outset
that the professional staff of both Collier County and of the Collier
County District School Board have done an extraordinary job in not
only providing a very professional set of recommendations for your
consideration, but a very searching and forthcoming analysis of
population and a variety of other related issues that have been
reported to you in your executive summary and very adequately
expressed to you in his opening remarks by David Weeks.
I want to especially compliment the county attorney's office.
Ramiro Manalich and Tim Durham have provided excellent support
for county staff and for school board staff in making sure that they
have observed very, very specifically all the requirements of your
ordinances and resolutions, as well as state law, and the very
demanding requirements of the Federal Voting Rights Act.
I think it is important to state, also, that there has been a very
forthcoming level of cooperation between the two political parties.
My colleague and counterpart, Mike Carr, has followed this process
very closely and has given the kind of support to the staff
recommendations that you've heard, which is a very welcome part of
this discussion. I believe that because of other responsibilities today,
Mr. Carr couldn't be with us, but I told him that I wanted to express
on my own behalf the excellent cooperation between the two
executive committees in regard to this.
There is one part of your executive summary that you will find
on the third page which I'm very hopeful can be completed before the
submission to the Department of Justice, because it will provide you
with some very, very revealing information regarding the support for
the decision that you'll be making today. And that is -- and I would
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like to read it, if I may, the fifth bullet down.
"An analysis should be done for all five districts on all five
proposed maps regarding impact upon the registered voter
population, not just the voting-age population.".
Why is that important? Those of you who are very, very
familiar with the number of registered voters in each of the five
districts will note with interest that there is a substantial difference
between County Commission District 1 with its, I believe, 31,000
registered voters and County Commission District 3 -- or, pardon me,
5 that has approximately 8,000 fewer registered voters. That has
little to do with the determination of the population of District 5 and
participating in the public election process, and it has everything to
do with age demographics.
District 5 has a very young population. The 1990 census tells us
that in the Immokalee census designated place, the median age is
25.2 years, meaning that 40 percent of the population in that fine
community could not register to vote if they wanted to because
they're not yet 18 years of age.
As a contrast, in the City of Naples, but 14 percent of the
population is under 18 years of age. This has the opportunity of
providing opportunities for franchise to a considerable number of
people in the general population in the coastal districts as opposed to
the population ineligible to register to vote for age reasons only.
And when you compare the voting pop -- age population with
the registered voter population, it makes a dramatic contrast that I
think is very instructive to commissioners and certainly will be
instructive, I'm sure, to the voting rights section to the Justice
Department as they evaluate your proposals.
I believe the recommendations which have been nicely
summarized by staff are dispositive in this regard, particularly the
concerns about having District 5 a truly rural district.
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Commissioners, I thank you for the opportunity to make these
comments.
COMMISSIONER HENNING: Thank you.
CHAIRMAN CARTER: Thank you, sir.
MS. FILSON: Mr. Fred Coyle.
MR. COYLE: Mr. Chairman, Commissioners, for the record,
my name is Fred Coyle. I'm a resident and voter in District 4. And
since the commissioner for District 4 is unable to vote on this issue
today, I would like to share with you some observations which I am
reason -- reasonably certain he would share.
The -- the work that the staff has done, in order to satisfy some
very difficult standards for the constitutional mandate, I think, has
been thorough. I'm not sure that all of the proposals, any of the
proposals, will meet all of our requirements. Nevertheless, I -- I
believe that modifications to one will affect all of the other districts.
They're very much like a row of dominoes. If you topple one, they
all topple, and they're going to have to be -- all be changed.
So -- so as not to delay or confuse the process because one of the
commissioners is unable to vote today, I -- I want you to understand
where -- where I stand on those issues. I strongly support Option 4 or
5 because, number one, it keeps that commissioner in his district.
And, secondly, it -- it makes the lines of that district much straighter
and easier to understand than others. Four and five are essentially the
same, as far as I'm concerned. If-- if we try to revise those in any
way or -- or if there is any concern about delaying this process
because the District 4 commissioner is unable to participate, I -- I
think what will happen is that the staff will have to go back to the
drawing board, make modifications, get public input. And in doing
so, we might not meet the deadline for modifying these districts
before the end of this year. It's my understanding we can only make
these modifications during odd-numbered years. So if we do that
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now and make the decision today or very soon, then there's a good
possibility that those -- those districts will be certified by the Justice
Department by next year. So with that, I -- I offer my support for
either Proposals 4 or 5. Thank you very much.
CHAIRMAN CARTER: Thank you, Commissioner Coyle. I
have no problem with No. 4. That's the one, I guess, I studied the
most. It keeps Commissioner Coletta's district intact, and I -- and I
like that. And it squares off my own particular district, and it seems
like it gave balance to the process. And I feel very comfortable with
that. And I thank you, Commissioner Coyle, for addressing us on
this issue.
Commissioner Coletta.
COMMISSIONER COLETTA: I just wanted to say that I, too,
support District 4, and it has nothing to do with political reasons.
Last time I ran I received most of my support in the areas being cut
off, and I actually lost Immokalee. But I think, in all fairness to the
residents that live out there, this gives us a continuous district, and I
-- I got news for you. I think probably your next commissioner that
will succeed me from District 5 will probably speak two languages.
I make a motion for 4.
CHAIRMAN CARTER: Okay.
COMMISSIONER HENNING:
with any of the maps. I think I serve and I think we all serve the
public of Collier County. There is some input from some of the
residents in East Naples. They -- they would like to keep the District
3 commissioner as part of East Naples. And Map 4 and 5 is not the
preferred map by some of the comments that I received; they prefer
Map 1 and 2. Map 1 and -- 1 and 2 is for -- District 3 is more
conducive to what we have today.
COMMISSIONER FIALA: You know, Tom, I -- I wrote down
on my Map 2 that that was the best, also, because I had a couple
Comments?
I don't have much of a problem
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reasons. One of them was, you still kept that part of your district.
Another one was, I felt that the -- the Quail Creek area would better
fit in with District 2 rather than District 3. I thought if you kept that
area of your district together as it is in 2, that might work out better
for you. And I thought Quail Creek had a lot in common with
Pelican Bay. So I thought that would kind of work together. I know
I wasn't able to talk to anybody about that, but I'm thinking -- so Map
2 was actually my favorite.
CHAIRMAN CARTER: Well, I will respectfully disagree with
your analysis.
COMMISSIONER FIALA: You can do that.
CHAIRMAN CARTER: I'm going with 4. It was the consensus
of the school board, seemed to feel comfortable, a lot of input from
the community. It met a wide variety of needs. I serve every voter,
every resident of Collier County. The squaring off does allow people
in the districts now to know exactly, if they didn't know, who is your
commissioner. And if that helps in your initial contact with the board
that gets things generated to staff, then I think that's healthy and
good. But all of us stand and sit to -- to work for the county, all the --
everyone here.
What -- listening and reading, I feel more comfortable with 4 as
-- would be my -- my number-one choice, but I will serve at the will
of the board, as always.
COMMISSIONER COLETTA: I believe my motion failed.
CHAIRMAN CARTER: Well, it hasn't been voted on; nothing
has happened yet. We've just had discussion.
COMMISSIONER COLETTA: It never received a second.
COMMISSIONER FIALA: I didn't hear your motion. I'm
sorry.
COMMISSIONER COLETTA: I made a motion for 4.
CHAIRMAN CARTER: Well, I'll second that.
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November 13,2001
COMMISSIONER COLETTA: Discussion? Actually, 1, 2, and
4 are the same for 5, in District 5. They're exactly the same. The
reason I was going for 4 was because of the school board, because of
the Hispanic Advisory Committee, because of the Black Affairs
Advisory Committee. That was the main reason. I -- as far as
District 5 goes, it would be continuously the same way for 1, 2, or 4,
but I'm going to let my motion remain at this time for 4.
CHAIRMAN CARTER: Comments by commissioners?
COMMISSIONER HENNING: Well, I -- I think I would like to
see a supermajority or a full vote here, and I will go along with the --
the motion and the second, even though we had some -- I had,
personally, comments from -- some of the people in East Naples go
along with that.
COMMISSIONER FIALA: So -- so from your personal
comments, do you think--
CHAIRMAN CARTER: He is supporting 4.
COMMISSIONER HENNING: I'm supporting Map 4 even
though the comments that I had received are different from Map 4.
CHAIRMAN CARTER: And even though Commissioner
Coyle cannot vote, he is supporting 4, 5.
COMMISSIONER FIALA: Well, then -- then I'll -- I'll work
with you guys.
CHAIRMAN CARTER: Okay. All in favor of 4 as being the--
all in favor of the motion signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: 4-0, and I heard a little voice out there
that said, "Me too," but he can't talk. So that's all right. The motion
passes.
Thank you very much, Commissioners. Thank you, Mr. Weeks,
for a great job done by staff and by Mike Carr and by Mr. Mohlke,
Chuck Mohlke. Thank you so much.
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November 13,2001
All right. That takes us to the next -- next item.
COMMISSIONER FIALA: 9-A?
CHAIRMAN CARTER: 9-A.
COMMISSIONER FIALA: 9-A.
Item #9A
RESOLUTION 2001-444 APPOINTING BRADLEY SCHIFFER
AND RE-APPOINTING GARY HAYS TO THE BOARD OF
BUILDING ADJUSTMENTS AND APPEALS - ADOPTED
CHAIRMAN CARTER: All right. Appointment of members to
the Board of Building Adjustments and Appeals.
COMMISSIONER HENNING: And we got two applicants. I
make a motion and two --
MS. FILSON: Commissioner Henning, if I may interject, Gary
Hayes has served two terms, so you'll have to -- I'm sorry. He serves
on more than two boards, so you'll have to waive that section of
2001-55.
COMMISSIONER HENNING: Right. And that's part of my
motion.
CHAIRMAN CARTER: Okay. Do I have a second?
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a second. Motion by
Commissioner Henning, 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.
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November 13,2001
Item #9B
RESOLUTION 2001-445 APPOINTING JOSEPH FOSTER AND
WILLIAM CADWALLADER TO THE AFFORDABLE HOUSING
COMMISSION- ADOPTED
That takes us to 9-B as in boy, appointment of members to the
Affordable Housing Commission.
COMMISSIONER COLETTA: I make a motion we approve
the two applicants that are there.
COMMISSIONER FIALA: I second that.
CHAIRMAN CARTER: Okay. Motion by Commissioner
Coletta, 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 #9C
RESOLUTION 2001-446 RE-APPOINTING CHERYL NEWMAN
AS MEMBER TO THE GOLDEN GATE BEAUTIFCATION
ADVISORY COMMITTEE - ADOPTED
Item 9-C, appointment of a member to the Golden Gate
Beautification Advisory Board.
COMMISSIONER HENNING: Motion to appoint Cheryle
Newman.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
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November 13,2001
Henning; I have a second by Commissioner Fiala.
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
All in favor
Opposed by the same sign?
The motion carries.
Item #9D
RESOLUTION 2001-447 APPOINTING DAN SHR1NER AND
ERIC HYDE AS PERMANENT MEMBERS AND ALLEN
WALBURN AS THE ALTERNATE MEMBER TO THE PUBLIC
VEHICLE ADVISORY COMMITTEE- ADOPTED
We go to Item 9-D as in David, appointment --
COMMISSIONER COLETTA: I'm going to make a motion to
approve Mr. Allen Walburn and Mr. Eric Hyde.
COMMISSIONER FIALA: I'll second those.
MS. FILSON: And-- and, if I may ...
COMMISSIONER FIALA: We need an affiliate, but do we
vote on those first?
MS. FILSON: Yes. And if you do appoint Eric Hyde as a
permanent member-- he currently serves as a alternate.
COMMISSIONER COLETTA: Right.
MS. FILSON: You'll have to appoint someone to take his place.
COMMISSIONER COLETTA: Right. That was my intention.
Mr. Hyde would be the permanent member, Mr. Walburn, the
alternate.
COMMISSIONER FIALA: So -- no. Wait a minute. We need
two permanent ones; right? So --
MS. FILSON: That's correct.
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November 13,2001
COMMISSIONER FIALA: Yes. So Mr. Hyde and Mr.
Walburn are the permanent ones, and then we have to select another
one for alternate; is that correct?
COMMISSIONER COLETTA: Dan -- Dan Shriner is a
wonderful choice. Can I make a suggestion?
COMMISSIONER FIALA: Yes. Okay.
this to make sure we are all on the same page.
So let me just clarify
You just made a
motion to nominate Eric Hyde and Allen Walburn to be appointed as
-- as full-time members --
COMMISSIONER COLETTA: Full time.
COMMISSIONER FIALA: -- and to Mr. Dan Shriner as the
affiliated --
COMMISSIONER COLETTA: Affiliated.
COMMISSIONER FIALA: Uh-huh. -- member. I second that.
CHAIRMAN CARTER: Okay. Motion by Commissioner
Coletta, second by Commissioner Fiala. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign?
(No response.).
CHAIRMAN CARTER: The motion carries.
COMMISSIONER COLETTA: Wait a minute. Hold it. Hold
it. Hold it.
MS. FILSON: Pardon me if I might ask one question. I -- I
thought you indicated Allen Walburn was going to be the alternate.
COMMISSIONER FIALA: Well --
COMMISSIONER COLETTA:
would be the alternate.
MS. FILSON: Oh.
COMMISSIONER COLETTA:
permanent ones.
Yeah. Mr.-- Allen Walburn
We have to have two
That would be Mr. Hyde and Mr. Shriner.
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November 13, 2001
COMMISSIONER FIALA:
COMMISSIONER COLETTA:
you said it?
COMMISSIONER FIALA: No.
Oh, I'm sorry. Okay.
Isn't that the way you said --
But that's all right. That's all
right. I thought you did -- I thought you said Mr. Hyde and Mr.
Walburn because those were the first two names you mentioned.
COMMISSIONER COLETTA: That's the corrected one.
COMMISSIONER FIALA:
right? I'm sorry.
COMMISSIONER FIALA:
So -- but now you didn't mean that;
I'm sorry.
COMMISSIONER COLETTA: Mr. Hyde and Mr. Walburn for
the permanent ones and Mr. -- now you got me confused on it now.
CHAIRMAN CARTER: Maybe you want to read it and --
MS. FILSON: I have Allen Walburn as the alternate --
COMMISSIONER COLETTA: As the alternate. That's correct.
MS. FILSON: -- Dan Shriner and Eric Hyde as permanent
members.
COMMISSIONER COLETTA: That's it. We got it.
COMMISSIONER FIALA: Really?
CHAIRMAN CARTER: Does that meet with your second,
Commissioner?
COMMISSIONER FIALA: Well, I -- I was really going for Mr.
Walburn from his credentials. He sounded like a marvelous guy, but
I -- I don't know either one, I'll tell you.
COMMISSIONER COLETTA: I'll tell you what, if you feel
more comfortable with that arrangement -- do you?
COMMISSIONER FIALA: I would have gone for that only
because he had outstan-- I don't know the man. I-- he had
outstanding credentials, and it sounded like he would fit in there.
COMMISSIONER COLETTA: Actually, both of them are very
qualified.
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November 13,2001
COMMISSIONER FIALA: Are they? Okay. So wait a minute.
So then your motion is --
COMMISSIONER COLETTA: I -- I -- my motion is for-- one
more time -- Mr. Hyde and Mr. Shriner as the permanent and Mr.
Walburn as the alternate, unless you have a problem with that and
second it, in which case I'll be more than happy to --
COMMISSIONER FIALA: That's all right. That's all right. I'll
do that.
COMMISSIONER COLETTA: Okay.
CHAIRMAN CARTER: And that's what we voted on, Miss
Filson?
MS. FILSON: Yes, sir.
CHAIRMAN CARTER: That's what I thought.
COMMISSIONER FIALA: Yes.
CHAIRMAN CARTER: Okay. Thank you very much. The
motion stands.
Item #9E
RESOLUTION 2001-448 APPOINTING RICHARD LYDON,
FRANK HALAS AND BETTY JANE SAVARD-BOYER AS
MEMBERS TO THE VANDERBILT BEACH BEAUTIFICATION
MSTU ADVISORY COMMITTEE - ADOPTED
That takes us to Item 9-E, appointment of members to the
Vanderbilt Beach Beautification--
MS. FILSON: Actually, this -- this committee needs five
members. I've only received four, so I'm continuing to advertise.
And I believe David Weigel needs to make a comment on the
members who have applied.
MR. WEIGEL: Just to --
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November 13,2001
CHAIRMAN CARTER: Go ahead.
MR. WEIGEL: Just to let you know, as you see the four
applicants there, I believe two of them are related by marriage. So if
-- there's nothing illegal for them to be appointed to the committee,
but notwithstanding their diligent community-spirited efforts, they
may put themselves at both civil and criminal liability risks if there's
any kind of dissention--
CHAIRMAN CARTER: Oh, I'm sure they're going to love to
hear that.
MR. WEIGEL: I would suggest that if you are to appoint one of
the Lydons that -- a Lydon that it be one and not two at this point.
MS. FILSON: And that would still leave a quorum for the
committee.
COMMISSIONER HENNING: Well, just because they're
married don't mean they communicate.
MR. WEIGEL: I thought about saying that but --
COMMISSIONER COLETTA: I don't know how you're going
to pick which one. You go ahead at this one. I'm staying out of it.
CHAIRMAN CARTER: I'm going to appoint -- recommend we
appoint Mr. Richard Lydon, and then they can settle their differences
at home.
COMMISSIONER FIALA: So we can just appoint three right
now. Is that what you're saying?
CHAIRMAN CARTER: Mr. Richard Lydon, Mr. Frank Halas,
and Miss Betty Jane Savard-Boyer.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have motion by the chair, a second
by Commissioner Henning to appoint those three to the beautification
MSTU for Vanderbilt Beach. And we're going to keep readvertising
to fill the other positions. All in favor signify by saying aye.
(Unanimous response.)
Page 164
November 13,2001
Item #9F
DISCUSSION REGARDING COUNTY MANAGER ORDINANCE
-COUNTY ATTORNEY TO PREPARE ORDINANCE FOR
PUBLIC HEARING ON DECEMBER 11,2001
CHAIRMAN CARTER: Okay. Discussion regarding the
County Manager Ordinance, Item 9 -- 9-F as in Frank.
COMMISSIONER HENN1NG: The reason I asked to put this
on the agenda is a real concern that, first of all, we don't want to
dilute what we're elected to do, and that's to serve the people and
create more government by running all inquiries into the county
manager's office. And that isn't how I read the county manager's
ordinance, is any direction that you-- a individual commission would
invite from -- to give staff is to send it through the county manager's
office. So we are not giving input or direction to staff. It's going
through the county manager's office, and that's the -- the proper chain
of command.
Is that how you read it, Mr. Olliff?
MR. OLLIFF: As I indicated to you earlier in a memo, I -- I
don't think the intention of this was to force every single bit of paper
and every single piece of information through me as a person. I just
don't think this organization can function efficiently that way. And I
also will tell you that the -- the recent incidents have brought up the
ordinance. And then, frankly, I think the ordinance is unclear in
certain areas, and we could stand to amend the ordinance to clarify it.
Obviously, my interpretation versus someone out in the
community shouldn't be that different if-- if the language is clear
enough of. So I think, if nothing else, it's a good opportunity for us
to clean it up and make sure that everybody is on the same page.
CHAIRMAN CARTER: Commissioner Fiala?
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November 13,2001
COMMISSIONER FIALA: Thank you. I'm glad we're going to
do this. Number one, some of my constituents have felt that I was
leaving them in the lurch because I couldn't work for them. I had one
person hiss through a letter saying, "If you don't care about me, we'll
make sure you're never elected again. That's the way to palm off
your work on the county manager." It was a nasty letter. And I --
and I guess some people think that way, no matter what you try and
do.
I -- you know, I thought we were elected, also, to -- to take care
of our constituents and see to their needs, especially if they feel that
they can't find the right person. Conversely, I don't ever want to
venture into a territory that I shouldn't. And hopefully I've made sure
that I never do that.
So for-- for little things like seeking information, well, there's
so many times that I -- I don't even understand something, or I don't -
- you know, I don't know the history behind something. Am I
allowed to ask a staff member? Some people say you can't even talk
with them. So then you have to write a letter to Tom to ask him to
ask the staff member what the history is on this so that you could go
back and start working on a project, and -- and that really ties us
down.
COMMISSIONER HENNING: And what I would like to see in
the ordinance, the county manager's ordinance, is no direction from
one individual commissioner to our staff is -- and encourage, you
know, investigation or information. Code enforcement complaint is a
perfect example, is when I get a call at 9:30 at night that we want to
be able --
COMMISSIONER COLETTA: Try four o'clock in the
morning.
COMMISSIONER FIALA: 12:15 in the morning.
CHAIRMAN CARTER: Or voice mail.
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November 13,2001
COMMISSIONER HENNING: So, anyways, that's what I
would like to see in the county manager's ordinance.
CHAIRMAN CARTER: Let me have David Weigel comment
because, I believe, we were encouraging this to be brought back for
review and fine tuning so that we could clarify this ordinance so we
would be able to serve our constituents based on how we have been
perceiving we can best do that without being in conflict with an
ordinance. Mr. Weigel.
MR. WEIGEL: Thank you, Mr. Chairman. I took the
opportunity to take down a stroll down history lane with the county
manager's ordinance going back to the 1978, and it was interesting. I
knew a lot, but I didn't know as much as I ultimately found. And just
to let you-all know, the 1978 county manager ordinance, in effect,
subsequent to 1974, Part 3, Chapter 125, state statutes, but our local
1978 ordinance provided much of what's in our current ordinance.
But it also specifically gave the Board of County Commissioners the
authority to fire division administrators and department heads.
The state law allowed it then. Arguably the state law even
allows that now. In 1980 an enlightened board amended the
ordinance so that they could no longer fire department heads. In
1984 they adopted a new ordinance throwing out the '78 ordinance,
and it became very -- well, fairly similar to what you have now, and it
no longer provided for the ability of the board to fire division
administrators. It continued with and has the language similar to
today, the confirmation of division administrators brought to the
board for employment by the county manager.
One thing to note also is in the sanctions element of the county
manager ordinance, there's really only one thing different from the
sanctions of-- concerning violations of county ordinances generally.
Section 125.69 of the Florida Statutes in the county government,
municipal government area of statutes, specifically provides that the
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November 13, 2001
violation of a county ordinance is -- may be sanctioned by a fine of
up to $500 and up to, I think, 60 days in jail.
This sanction is essentially the same here. It's just restated for
emphasis. And that was what the board did in 1995 when they took
the 1993 ordinance and put the sanctions back in. It was just to make
it clear that the standard ordinance violation sanctions that exist for --
for the violation of any ordinance would be brought back into the
county manager ordinance.
Now, the one thing that the general statutes -- 125.69 doesn't
provide is that such things as interference with the other prohibited
activities here are malfeasance of the commissioner's office. That is
distinctive, and that is distinctive to the county manager's ordinance
here.
The 1995 minutes where the '93 county manager ordinance was
amended, then County Manager Neil Dorrill, Commissioner
Constantine and Mac'Kie particularly and Commissioner Matthews
discussed at some length what was the concept of interference with
county employees. And the kind of example they gave was a
commissioner calling a code enforcement employee and telling them
not to go enforce the law or to -- I think it was a "not to" as opposed
to "go do it" type of thing. And that was the example that -- that
County Manager Dorrill addressed at that time.
As I've been asked questions about the county manager
ordinance from staff, from individual commissioners, from
newspaper reporters, TV, and etc., I continue -- will continue to tell
you-all that you look at the law in a comprehensive manner. They
have a -- a law school saying "in peri materi." You look at all of the
elements.
And there are many administrative powers and responsibilities
that are given the county manager. But there are also, obviously,
some prohibitions and -- and restrictions affecting the Board of
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November 13, 2001
County Commissioners. It not only says they can't do, but it does say
they can do. And so that area of asking information or making
inquiries is a can-do. And county attorney office stands ready to --
for any further clarification or direction that this board wants to do at
that -- at this time and bring it back for discussion.
But the -- the historical point I wanted to make is that over time
the board has had significant discretion and certainly far more
authority to mess with staff than it has enjoyed for the last seven or
eight years, and that can continue to be fine tuned. And the more we
fine tune it, the more bright -- the more bright-line distinctions will
be made. And I will say, both as information and a cautionary thing,
is that the closer that you have bright-line distinctions, the easier it is
to determine or make an allegation of-- of a prohibited action being
done. But right now it does allow -- the ordinance does allow
commissioners to make inquiry. I would tell you, as county attorney,
my opinion is to make inquiry of even the staff member who's been
on the job one day.
CHAIRMAN CARTER: Interesting.
COMMISSIONER HENNING: Can you interpret--
CHAIRMAN CARTER: You would like an interpretation.
What I think I heard --
MR. WEIGEL: I'm sorry.
CHAIRMAN CARTER: -- was this: In the past abusive
practices way back were more commissioners interfering by telling
people not to do something versus giving direction to do something.
I think that is a very key line here. I don't know of any member of
this board who would intentionally in any way or manner have tried
to stop something from happening. It has been an encouragement to
make things happen to serve the constituents. The county manager
gave us a broad framework of seeking information and asking for
clarification in order to accomplish those objectives.
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November 13,2001
What I am concerned about, and I think you have said it well,
Mr. Weigel, is if you draw the lines in such a way, then you open it
up for every legal opinion, as there are attorneys who might come
forward and say, "I interpret it this way." What I am looking for, I
think, Commissioner, is a way to get the information, to seek
clarification, to have action taken that will serve our constituents. I
do not want a burdening process administratively where we strangle
the flow of meeting the customers' needs.
And the voters out here, the citizens of this county, are our
customers. And we want to exceed customer service. And I'm not
looking for that, and I don't want to handcuff any county manager
that says, "Well, flow everything down through here because we're
fearful that because someone might raise a question, that we would
jeopardize the system."
So if we need to bring this back in such a way to get this
clarified, I want to be able to serve our constituents, as every
commissioner up here wants to do. We're elected to serve, and we
believe that. I believe that our administrators are here to serve, as are
employees.
And once in a while you get a disgruntled employee who doesn't
like the fact that somebody said, "You really need to pay attention to
this" or "do something here." And they will interpret that as, "The
commissioner came down here and told me what to do." I don't think
that happened. Maybe we went to someone and asked for something
to happen or requested a direction for something to happen. Because
they're having a bad hair day, they decided that we were interfering.
1200 people, you're always going to find an unhappy camper
somewhere. But I believe that 99.44 -- 100 percent of our
employees, anytime we ask for clarification, information, and can
assist in meeting the needs of the public, would willfully and honestly
go about doing that to the best of their abilities.
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November 13, 2001
So if I'm interpreting correctly, Mr. Weigel, looking at the
history or hearing your history, that if-- when we bring this back, I
understand why our county manager is asking for what he is today
and the directive and the -- because, candidly, we're getting very,
very tired of spending a lot of time not serving my constituents.
COMMISSIONER HENNING: Amen.
CHAIRMAN CARTER: I am here to serve my constituents,
and I really don't like to be bogged down in paperwork so I can't get
your questions answered. So that's what I think this commissioner is
looking for, and I want to make sure our county manager is a person
who can say comfortably we're all working on the same page, you
know. Legal folks, make that happen.
COMMISSIONER COLETTA: Yeah. I just want to emphasize
-- what you said, Jim, is totally correct, and I think everyone's in
agreement. We took this job to be able to serve the public, not to
come to this meeting, just sit through the meetings, and try to raise
judgment on different ordinances that are coming through. We're
here to serve the public in the best possible way we can.
In the course of one day -- and, Mr. Coyle, you're going to find
this out very shortly -- you'll receive equivalent between 45 and 80 e-
mail messages a day. You'll probably receive between 10 and 20
letters. You'll receive something from 5 to 15 to 25 phone calls in a
day, depending what the issues are.
A lot of these will be redirected by your own staff when they're
simple answers that require simple follow-throughs. They're usually
sent on to another staff member to where they'll act on it. And if
there's nothing they can do on it, they'll reply back, and that happens
quite often. It's not uncommon to get a no answer back, and that's
accepted as what it's all about in this world.
But I see us as the conduit between the public and the county
government. We're the -- our reason for being, our whole reason for
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being, is to help things happen, to be able to move them in the right
direction, and also be able to say no when people are unrealistic
about what they expect. And, also, we accept staff when they make
their decisions that our constituents are asking for are not in line with
-- should be expected throughout the county.
But when we were suddenly limited to just dealing with the
county manager, the time line was extended greatly. People that have
been used to getting a reply back in e-mail cases maybe three or four
hours; letters, six to seven days; phone calls, one or two days at the
most, we're suddenly stretched out by another four, five days. And
that's because of the unbelievable burden that we are putting on the
county manager.
And there is a better way; I know there's a better way. And we
have to come to an understanding of a way we can do this so we will
not interfere with what's going on. When we work with staff, it's a
yes-or-no answer or directed to someplace else that it can go, and we
take it from there, and we accept the inevitable when it happens.
COMMISSIONER FIALA: I'd just like to add one more
different dimension completely, although I agree with everything
everybody said here. One of the things when I worked at the Marriott
on Marco -- one of the best things that we had was interactivity with
the employees because they were the ones that really did the job.
They were the ones that made things happen. They made the
difference. And I would feel that if I couldn't even talk to the people
who made the difference, it would be like blindfolding you and
gagging you. I mean, how can you help the people if you can't even
talk to -- to the staff who makes things happen? CHAIRMAN CARTER: Mr. Olliff?
MR. OLLIFF: If you're looking for a recommendation, because
I do think David and I both need to understand what it is we're
leaving here with, my recommendation to you would be a
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clarification that would provide that communications to this
organization from the Board of County Commissioners be made
through the county manager or his designee. I don't see a lot of
reason for the Board of County Commissioners being directed or
directly dealing with a code enforcement officer, for example, out in
the field level, providing phone calls directly to that level, individual.
And I will also tell you that -- that this was put in -- in place for
a reason as well. And while you-all are comfortable working at your
level, I will tell you from a staff level, there is a certain amount of
implied pressure, frankly, that comes from a county commissioner
who simply will forward on a request from a constituent if it goes
directly to that level.
Now, I do believe there is a level in our organization that is very
comfortable working with you that can be responsive and get you
answers and respond to your constituents very quickly and very
efficiently. And, also, at that level they deal with you here in this
room, and I think those people clearly know the difference between
requests for information, passing along constituent complaints, and
interference. And that's the level that I'm trying to develop within our
organization. I think if we develop some language that talks about
the county manager or his designee and then I provide for you in
writing the full list of designated people that you can work directly
with to get your information or your constituent issues resolved, I
think that's probably the -- the clearest way to resolve the ordinance
issues.
COMMISSIONER HENNING: And if that's a direction that
you're thinking of taking this, then you need to have two or three
people within that department, because when people are in meetings
or on vacation, then they sit there dormant. So, you know what I'm
looking for is, I can still call code enforcement, what I'm looking for,
I can still send something down to the planning director, say, "This is
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the concern. What do you think?" Type thing so ... MR. OLLIFF: If you're looking for--
COMMISSIONER FIALA: Calling staff, say, for instance,
Amy Taylor -- I'm just going to pick that name. If Amy Taylor and I
were working on the triangle years and years back, and I need some
-- can you tell me how this worked, how did we do this? Can I do
that, or do I have to call somebody to ask them to ask Amy?
MR. OLLIFF: I think you can do it under the current ordinance.
I think we will clarify that to make it clear that you can do it under
the current ordinance --
COMMISSIONER FIALA: Okay.
MR. OLLIFF: -- under the revised ordinance.
COMMISSIONER FIALA: Yeah. Only information seeking or
history or whatever.
CHAIRMAN CARTER: I think that those are all -- I think
we've got a direction here, Mr. Olliff. Look for you and David to
come back.
My question would be, when can we deal with this?
MR. WEIGEL: It would be -- two meetings would be the
quickest, based on our advertising requirements.
MR. OLLIFF: That would be the December 1 1 th meeting.
CHAIRMAN CARTER: Fine. I think that's fine. That will
give Commissioner Coyle an opportunity to get familiarized with the
situation and seek his input. Yes, Commissioner Coletta.
COMMISSIONER COLETTA: Let's understand what we can
do and can't do in this period of time until we have that meeting and
we change the ordinance.
MR. OLLIFF: Well, I will tell you that I believe you heard from
your county attorney that it's his interpretation of the existing
ordinance that you can request information and forward your
constituent issues directly to the staff. However, I've provided you a
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memo suggesting that in the interim you provide everything through
my office. And until we get the ordinance amendment, I think that's
the safest route to go.
COMMISSIONER COLETTA: Of course, we're still free to go
to our attorney and to any of the attorneys in the attorney's office.
We can still communicate with the airport authority because that's
directly under us; and with our own staff, within our own office,
we're not limited in any way.
MR. OLLIFF: Absolutely.
CHAIRMAN CARTER: Okay. I think that gives us direction
for a couple weeks.
COMMISSIONER FIALA: Just to -- another question. If we're
directing everything through you, does that mean also through Jim
Mudd and through -- okay.
MR. OLLIFF: Yes, ma'am.
COMMISSIONER FIALA: Just -- just to get that on the record.
CHAIRMAN CARTER: Jim, Tom, and Leo.
COMMISSIONER FIALA: Okay. Have fun, guys.
All right. Does that satisfy your question, sir.9
COMMISSIONER HENNING: Yes. I heard the county
attorney said that we can go to our staff or investigations or inquiries
as far as information.
CHAIRMAN CARTER: All right. And December 1 !th we'll
have clarification on this ordinance, which I would hope would make
this issue satisfactory, and I think that as we go through that, I would
invite any and all people who have had concerns about this, other
than writing letters to the commissioners or to the newspaper, we
really would value if you would come and participate in that meeting
on the 11 th and share with us any concerns that you have or write to
us as individual commissioners. And we -- we welcome your inputs
and your thoughts, but I think we can best handle it on that basis.
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Item # 10A
November 13,2001
JOHN DUNNUCK CONFIRMED AS PUBLIC SERVICES
ADMINISTRATOR
Now we move to a more pleasant part of the program, County
Manager Report, Item 10-A.
MR. OLLIFF: Mr. Chairman, as you're aware, we moved
through your approval and confirmation Mr. Leo Ochs into the
county manager's office. Mr. Ochs was serving as the county's public
services administrator. That division includes the domestic animal
services department, your extension office through the University of
Florida, parks and recreation, the library, the museum, social
services, veterans' services, the public health department, and a
contractual relationship with the David Lawrence Mental Health
Center.
We have gone through a search and are recommending to you,
in accordance with the county manager's ordinance, a confirmation of
John Dunnuck as the public services administrator. John's particular
experience here in the county started him at the Golden Gate
Community Center where he certainly had hands-on experience in
the recreation field, and that is, as well, what his undergraduate
degree is in. He is in the final processes of finishing up his master's
in public administration. He's very, very familiar with not only this
community but our -- our organization. And, Mr. Chairman, I think
Mr. Dunnuck would make a fine public services administrator, and I
recommend him to you heartily.
CHAIRMAN CARTER: Well, I concur with your comments.
Questions from the board?
COMMISSIONER FIALA: That's where I met him, Golden
Gate Community Center.
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November 13,2001
COMMISSIONER COLETTA: I've not only met him there, but
I've known John for him a long time. I hope this move -- upward
move would not make him leave the neighborhood. He's my
neighbor, two doors down. He's a good neighbor, for the most part.
He's got a dog that's a little wild at times. No.
CHAIRMAN CARTER: Call code enforcement.
Questions, Commissioners?
(No response.).
CHAIRMAN CARTER: We need a motion.
COMMISSIONER FIALA: Yes. I'd like to make that motion,
please, to confirm the appointment of John Dunnuck to the public
services administrator.
COMMISSIONER HENNING: I second that.
CHAIRMAN CARTER: I have triple seconds on that. We'll go
to Commissioner Henning for the second. All in favor signify by
saying aye.
(Unanimous response.).
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: The motion carries. Congratulations,
Mr. Dunnuck.
(Applause.)
MR. DUNNUCK: I just want to take a -- take an opportunity to
thank you for the opportunity, and I look forward to continuing what
Leo and Tom have built upon. Thank you very much.
CHAIRMAN CARTER: Thank you, sir.
COMMISSIONER HENNING: And in the interim you're going
to stay at community development until we have a replacement for
the administration?
MR. OLLIFF: That's actually a great point. In terms of
transition, as you know, Mr. Dunnuck is currently serving as the
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November 13,2001
interim community development administrator. And in terms of
priorities, I think the board would agree that it's more important for
John to remain at community development until I can get that post
filled.
The good news there is I have a candidate who has selected --
has been selected and accepted an offer. I would like to get him to
come down here during a house-hunting trip and meet you face to
face. I think you will be very, very impressed. Then we will try and
get him confirmed in front of you either the last meeting of
November or the first meeting in December.
CHAIRMAN CARTER: That would be great. I hope we can
do it the last meeting of November. I sure would love to see that slot
filled. It's been a year, ladies and gentlemen, a year. Give you an
opportunity to think about how hard and how long we have searched
to find the right person. Thanks.
MR. OLLIFF: Mr. Dunnuck prepared three questions for our
community development administrator interviews, and they were in
-- in order: When can you start? When can you start? And when can
you start? I think it's obvious that he'd just as soon get this transition
over with.
CHAIRMAN CARTER: Thank you.
COMMISSIONER HENNING: I'd just like to say that John has
done a great job in the interim. He has been very helpful to me, I
know, answering a lot of questions. Thank you.
CHAIRMAN CARTER: I agree. I think all of us concur with
that, John. You were thrown into a tough job. You and Bleu
Wallace have done a great job over there trying to hold the fort and
go through an awful lot of things we had to deal with. And we'll go
forward from this point, so thank you.
Item # 1 OB
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November 13, 2001
MARCO ISLAND PROPERTY TO BE UTILIZED AS FUTURE
COUNTY BRANCH SITE FOR THE HISTORICAL SOCIETY ON
CONDITIONAL FUNDS BASIS - APPROVED
Next item is 10-B as in boy, report the Board of County
Commissioners regarding the designation of site for future county
branch museum on Marco Island.
MR. OCHS: Thank you, Mr. Chairman. Good afternoon,
members of the board. For the record, Leo Ochs, assistant county
manager.
A few months ago the board had directed the staff to analyze the
feasibility of locating a future county branch museum facility on a
3-acre parcel of county-owned property that's adjacent to your Marco
Island branch library facility. This directive emanated from an
unsuccessful request from the Marco Island Historical Society this
past summer to the Tourist Development Council for some funding to
purchase property to locate a museum on the island.
Based on the board's directive, your staff has met with
representatives of the Marco Island Historical Society, as well as with
the architect who designed the plans for the Marco library, in order to
put together a concept plan for a future branch museum.
Staff also attended on two separate occasions meetings of your
Library Advisory Board to discuss the concept, explain the concept,
solicit some feedback, and also to attempt to address the concerns
that the Library Advisory Board may have with the concept. The
chairman of that board, Mrs. Mellinger, subsequently wrote a letter
that I've included in your packet outlining a number of specific
concerns and issues. We've tried to address as many of those as we
could in the planning process.
Based on staff's preliminary analysis, we are recommending and
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November 13,2001
we are concluding, in fact, that locating a future branch museum on
this property is both technically feasible and operationally
compatible. For planning purposes, as an example, an 8,000-square-
foot branch museum facility on the proposed site would fully comply
with all the city of Marco Island zoning requirements, including
setbacks, building height requirements, on-site water management,
required parking spaces, and landscape buffering requirements.
With respect to the parking plan, not only did we make sure that
sufficient number of parking spaces for the branch museum facility
were included in the plan, but plan -- or the concept also accounts for
additional parking spaces that will be needed in the 3,000-square-foot
planned addition to the branch library on Marco Island when that is
built at a future date.
And then, finally, and, most importantly, in the concept plan we
were able to find a way to incorporate the existing gazebo, decorative
benches, and memorial trees that are currently situated on that
property into the -- into the design plan so that we'll be able to
preserve all of those improvements, perhaps enhance those in the
plan if the board decides to go forward.
There is no immediate fiscal impact to the county. If the board
ultimately decides to move forward and designate this site as a future
branch museum for Marco Island, the Historical Society would
undertake a capital fund-raising campaign to cover the costs of
construction. In the future if that plan came to fruition, then they
would turn that facility over to the Board of County Commissioners
as the fourth branch of your county museum department, at which
point the county museum would be responsible for the operations of
that facility.
Staff is recommending the board consider this report and
provide future direction regarding the use of that site. I'll be happy to
answer any questions you may have.
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November 13,2001
COMMISSIONER FIALA: I -- I did have --
CHAIRMAN CARTER: Commissioner Fiala.
COMMISSIONER FIALA: Thank you. Thank you,
Commissioner Carter. Yes. First of all, I was really happy to see that
you were able to work in the memorial trees and-- and the gazebo,
and it's still right where it was, right, the gazebo?
MR. OCHS: Yes, ma'am, in the concept. It can be moved, if
need be. But the way it was drawn up preliminarily, it's located on
your concept drawing exactly where it is currently on the site.
COMMISSIONER FIALA: And there is plenty of parking to
accommodate the future expansion of the library as well? MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay. Another thing that I wanted
to ask you, in -- in Ms. Mellinger's letter, she said that she referred to
impact fees. This was on the second page, second paragraph. And
she said that plus costs for major improvements -- that the impact
fees would have to be refunded. Is that true?
MR. OCHS: Impact fees were not used to purchase that
property. There were some impact fees, I'm advised by the library
director, used for the sod and some of the original landscaping for the
site. It's about $20,000 worth of improvements there that impact fees
were used for.
COMMISSIONER FIALA: And do we have to refund them?
MR. OCHS: Not to my knowledge, but I'll -- if we ever get to
that point where we're actually ready to construct, I'll get that
information from the clerk.
COMMISSIONER FIALA: Okay. Another thing, I know that
we've spoken. But just for the record, I wanted to ask if you had
investigated any other county-owned property on Marco Island and --
and -- because her letter states that, and I -- I have some library
people right on my advisory board, and my library people on my own
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November 13,2001
personal Marco Advisory Board were very, very concerned about the
gazebo. You've answered that. The parking, you've answered that.
The memorial trees, you've answered that. But they wanted to make
sure that we had exhausted every other effort, so could you tell me
what you've done, please.
MR. OCHS: Yes. When I addressed the Library Advisory
Board, Commissioner, they asked me that question. I told them that
the board was fairly specific in their direction to me, through Mr.
Olliff, when they originally directed that we evaluate this site. And I
told them that I would-- I did that. I would bring this information
back to the board. If the board then decided they wanted additional
sites evaluated, I'd be happy to do that. But at this stage I was
anxious to complete what the board had assigned and get it back to
you.
COMMISSIONER FIALA: Okay. What other sites do we even
own on Marco Island?
MR. OCHS: Well, we all know there is some green space as
Caxambas boat launch, but I -- again, we haven't evaluated that
seriously as a -- as a branch site. It's at, as you know, the southern
end of the island. We have some grants that we used to develop that
property. And we'd have to be very careful to not put those grants in
jeopardy by building additional structures on that particular site.
Other than that, Barefoot -- excuse me -- Tiger Tail Beach is -- is the
only other large parcel that the county operates down there.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN CARTER: A couple of other questions that were
raised in this letter about working with the City of Marco Island on
Winterberry Drive past the park. Has that been explored?
MR. OCHS: No, Mr. Chairman, that has not been explored at
this point. The only comment I had there was, again, if-- if you
would like me to do that, I would be happy to. I know Councilman
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November 13,2001
Boyce was in front of the board or the TDC when the Historical
Society first made their request for funds and indicated that -- that the
City of Marco had no particular interest in -- in being in the museum
business.
CHAIRMAN CARTER: Okay.
MR. OCHS: That's the only indication we've had from Marco
Island.
CHAIRMAN CARTER: The second question I have, and I
don't know if you know the answer, sir, is does this museum have a
five-year plan?
MR. OCHS: No. This is -- this is only a concept at this point.
Again, we're only evaluating the feasibility of the site.
CHAIRMAN CARTER: I understand. But they have never
come to you and said, "We have a plan, and this fits into whatever
you're trying to do"?
MR. OCHS: No, sir.
COMMISSIONER FIALA: So, in other words, if their fund
raising doesn't go anyplace or they can't raise enough funds, then the
site goes back to the library anyway; right?
MR. OCHS: Yes. I imagine it would remain as it is.
COMMISSIONER COLETTA: Right.
MR. OCHS: Yes, sir.
CHAIRMAN CARTER: So this is really conditional.
MR. OCHS: Yes, absolutely.
COMMISSIONER COLETTA: If I -- if I may, I got involved in
this quite early because of my contact, which I'm still having a hard
time figuring out how I became the champion of the library, but I'll
accept it for now, from Everglades City, and, of course, Roberts
Ranch in Immokalee, it would seem natural that I got drawn into this
early on.
My understanding, if we're going to do anything with them, they
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November 13,2001
have to come up with the money to be able to pay for the building to
make it a doable thing. That was what we were talking about the first
time around. So by giving them the okay by -- of using this
particular grounds, if they can get together the money and everything,
then they got the incentive to be able to go forward with their drive to
raise the capital to do it. But I -- I -- do we have any speakers? MS. FILSON: We have 13.
COMMISSIONER COLETTA: I think we ought to listen to
them before we go any farther.
COMMISSIONER FIALA: I didn't even know you were
working on this.
CHAIRMAN CARTER: Well, let me ask you this, before we
go there -- we'll hear them if they want -- they want to be heard -- is
that the consensus of the board at this point what you know, that this
would be feasible to make this a conditional situation, if they do what
they need to do, that the land would be there for the building of a
museum. Is that what I'm understanding from this board?
COMMISSIONER FIALA: Yes.
COMMISSIONER COLETTA: That would be mine.
CHAIRMAN CARTER: I have two nodding. I have three
nodding.
It looks like you have a situation where the board is ready to say
that they would go ahead with this. If you would like to -- if you are
opposed to it, any of the 13 speakers, or if you would like to talk us
out of that, you certainly have a right to speak to us. We welcome
your comments. You tell us what you want to do.
COMMISSIONER COLETTA: I see a gentleman back there
going shhh.
CHAIRMAN CARTER: Well, let's call the speakers and see
what he needs to do.
MS. FILSON: William Tyson.
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November 13,2001
COMMISSIONER FIALA:
want to speak?
MR. TYSON:
MS. FILSON:
MR. TYSON:
Do you want to waive, or did you
Just take a minute.
And he'll be followed by Betsy Perdichizzi.
The question has come up -- I'm Bill Tyson, past
president of the Historical Society.
The question has come up regarding other sites on the island.
And I can say, you know, we -- we pursued a dozen. But I can tell
you factually -- you can check it out -- we actively looked at the old
firehouse in Goodland. We looked at the Margood Resort. We
investigated all these thoroughly as to how feasible it would be, etc.,
whether we could afford them; the lot next to the old fire house on
South Barfield, if you know where that is; the old fire house on North
Barfield; the Otter property which is -- has the famous shell walls on
Addison Court; Osceola; and lots directly across from the library.
We thought if we could buy up four or five of those lots, then
we'd be close -- we wanted to be close to the library, in the first place,
for complete cultural-type situation. But if we bought those lots
across from the library, across Heathwood, we could get them all. It
would require a zoning change. And right now council of Marco
Island has more important things to do than change the zoning. I
won't go into some of their important things they do. But we have, in
fact, checked out other sites.
In regards to the -- the strip along Winterberry from Heathwood
to south--
CHAIRMAN CARTER: I really truly believe that, but this
board's ready to approve using the library site for your museum.
MR. TYSON: I beg your pardon.
CHAIRMAN CARTER: The board is ready to approve.
MR. TYSON: Well, I just wanted to address the fact that we
have --
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November 13,2001
CHAIRMAN CARTER: I believe you, sir. I really believe you.
MR. TYSON: All right.
CHAIRMAN CARTER: Thank you.
MS. FILSON: The next person is Betsy Perdichizzi followed by
Kris Helland.
MS. PERDICHIZZI: My name is Betsy Elizabeth Perdichizzi,
Marco Island. I, too, am past president of the society. And what I --
my question, perhaps, to the council or to you is, the conditional
usage -- if you grant us the conditional use for the museum, will this
allow us to get grants? And this is why we are -- we are asking for
the property to be designated museum property, so that we can apply
for grants and incorporate -- and they say, "If you don't have the land,
you know, go get it." And that's -- that's what we were --
COMMISSIONER FIALA: That's a good question.
CHAIRMAN CARTER: Perhaps it was a poor term on my part.
Do you want to clarify that, Mr. Weigel? What I was saying was, if
you fail in all your efforts, that the land would revert back to park --
to the library.
MS. PERDICHIZZI: And that's fine with us.
CHAIRMAN CARTER: Okay.
MS. PERDICHIZZI: But I think we need to have it designated
for museum use.
CHAIRMAN CARTER: Well, help me with the wording, Mr.
Weigel, so that I can get out of this mess.
MR. WEIGEL: It's not a mess, but if the property has to be
designated conditional use. The conditional use is specific. And as
long as the property is used for that conditional use, it will continue
in perpetuity. If there is a break in the use, a -- you don't use the
property for more than 90 days, is one of the elements under the Land
Development Code, then it would revert back to the prior zoning.
But it -- once it's given, it's in place, unless there's some additional
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November 13,2001
condition put on, which is a little extraordinary. And I wouldn't
expect that to occur here. It will continue as a conditional use and for
all purposes be usable continually for the designated use that's been
determined.
COMMISSIONER FIALA: So does that mean that they can
apply for grants?
MR. WEIGEL: Sure.
MS. PERDICHIZZI: That answers our question, then.
CHAIRMAN CARTER: Okay.
MS. PERDICHIZZI: And, yes, we're very happy, then, in that
case. Thank you.
CHAIRMAN CARTER: Thank you, ma'am.
MS. FILSON: Kris Helland followed by Eleanor Burnham.
COMMISSIONER FIALA:
FEMALE IN AUDIENCE:
and save all this talk.
COMMISSIONER FIALA:
Did you say you wanted to waive?
Just say aye or nay if you're for it
Oh, okay. Oh, I see. Okay. So,
Cappy, so you're saying you're for it; right? FEMALE IN AUDIENCE: We're for it.
MR. HELLAND: We're all for it. The -- the point that Betsy
was trying to make -- by the way, I'm Kris Helland, current president
of the Historical Society.
The point Betsy was trying to make is that in order to apply for
grants, we have to establish that we have the property to build the
museum on.
MR. SAVAGE: You mean a deed to?
MR. HELLAND: I'm not sure exactly how -- I'm not sure
exactly how -- how the grants are worded. We also have people that
have told us they will donate money to the museum when we have
the property. Now, obviously, it is going to be a county museum, so
the property does not need to be deeded to the Historical Society. It's
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November 13,2001
going to be a county museum.
We are going to try to -- we are going to raise as much money as
we can, under current circumstances, and I think we can raise a lot of
money. We're talking something in excess of 2 million for an 8,000-
square-foot building. We will do everything we can, but we need to
have the designation that the property is a museum site. Now, if you
want to establish that five years or ten years, it --
CHAIRMAN CARTER: I wouldn't put a time line on it. My
only point was, if for some reason you were never able to raise the
money, I didn't want to bind future commissioners to a situation
where they could no longer utilize that piece of property for anything
else.
MR. HELLAND: I understand.
CHAIRMAN CARTER: So that was the only purpose for my
question. I'm sorry I ever asked it.
MR. HELLAND: All right. Just that we wanted to establish --
we need to establish that it is a museum site in some way or another.
CHAIRMAN CARTER: Yes. Yes, sir. I am fully in
accordance --
MR. HELLAND: A county museum site.
CHAIRMAN CARTER: I support that, and I am fully in
accordance with that.
MR. HELLAND: We do have people who are experienced in
raising funds, in writing grants. And as soon as we have this
assurance, we'll get started. Thank you.
CHAIRMAN CARTER: Thank you.
MS. FILSON: Eleanor Burnham. She'll be followed by Helmut
Nickel, if you could please come up and stand on deck.
MS. BURNHAM: Good afternoon. My name is Eleanor
Burnham. I'm the president -- present vice president of the Marco
Island Historical Society.
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November 13,2001
I really thought I probably would never see this in my lifetime,
and I'm thrilled. I just want to make a couple of comments that we've
been talking about. We are anxious that you know that we would like
to protect that green piece of property, maintain the trees, keep the
memorial benches, cooperate with the library. In fact, I personally
would like to see that property become a campus of culture, including
the two buildings.
COMMISSIONER FIALA: What a nice -- a campus of culture.
I love that.
MS. BURNHAM: Well, write that down. I can foresee students
of every age, adults to small children, working between these two
buildings using the library material, using our material of archives,
printed papers, and exhibits which will benefit all these students, way
down to the little kids. I think we need a place to preserve the history
of the island, which we have talked to you about in the past. We've
had a very close association with the library already.
Several years ago I asked Betsy Perdichizzi to do a portrayal of
Tommy Barfield. She said, "Well, where would we do it? We do not
have an auditorium on Marco Island." And my first thought was the
library. I was -- worked in a library as a young woman, and I
immediately went to them. And Betsy was one of the first speakers
on the speaker's program which was set up. Since then they have
used our suggestions for two years in a row for historical programs in
their speakers' program.
I really think that you are doing the whole county a favor
because we have a lot of exciting things to exhibit in that library.
And we've told you about them before, and we'll be anxious to show
them to you when we can build this building.
CHAIRMAN CARTER: Thank you, ma'am.
COMMISSIONER FIALA: I just have to say while she's
coming up, I always loved my Marco Cat, but did you see the size of
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November 13,2001
MS. FILSON:
MR. NICKEL:
1-m-u-t, N-i-c-k-e-1.
hers? Whoa.
MS. FILSON: The next speaker is Helmut Nickel, and he'll be
followed by Marian Nicolay, if you would stand on deck, please.
FEMALE IN AUDIENCE: Marian Nicolay had to leave.
Okay. Helmut Nickel will be next.
For the record, my name is Helmut Nickel, H-e-
I don't want to be redundant because everything that I was going
to say has been said before and much better than I possibly could and,
therefore, I waive.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: Thank you, sir. Were there any other
speakers, Miss Filson? Is there anyone here that wishes to speak?
MS. FILSON: Katherine Cook-- Kirk?
MR. SAVAGE: Whom?
MS. FILSON: Katherine Kirk.
COMMISSIONER FIALA: She waived.
MS. FILSON: She did?
COMMISSIONER FIALA: Yeah.
MS. FILSON: Okay. Pat Stoye.
MS. STOYE: I waive.
COMMISSIONER FIALA: And she waives.
MS. FILSON: Sydney Mellinger.
COMMISSIONER FIALA: Cappy, we already told them you
waived.
MS. KIRK: I want to just tell you that I stayed up until nine --
until one o'clock this morning.
CHAIRMAN CARTER: For the record, please.
MS. KIRK: My name is Katherine Kirk. You know me as
Cappy. I live at Goodland adjacent to Marco Island.
I stayed up till two o'clock this morning writing a long speech
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November ! 3,2001
which I -- I was very proud to cut way down to this much
(indicating), but I'll waive that little cut way down to that much
(indicating).
(Applause.)
CHAIRMAN CARTER: Thank you, ma'am.
MS. FILSON: Herb Savage. The last speaker will be Sydney
Mellinger.
MR. SAVAGE: Mr. Chairman, before I identify myself, I just
want you to know when I came into this room this morning, a young
lady said to me, "Are you -- would you still like to be up there?" I
says, "What'd you say?"
"Would you still like to be up there?" I says, "I never was up
th ere."
"Aren't you Dick Shanahan?" This happens all the time. They
call him Herb, and they call me Dick all the time.
At Publix market the other day somebody says, "That's him.
That's him. Yes, that's him." I says, "No, it's not. It's Herb Savage."
they thought I was Ted Kennedy. I can't believe that. Anyhow --
CHAIRMAN CARTER: Are you a swimmer?
MR. SAVAGE: No.
CHAIRMAN CARTER: I'm not going to go there.
MR. SAVAGE: I tell them ever since Elion left Miami, I'm now
Alberto Savaalhey (phonetic), architect. I say that real fast.
But I want to tell you this, is I want to compliment you -all on
this -- sitting here all day, and young Manager Tom. And this young
man, John Dunnuck over here, I didn't meet him until he became
interim chairman or director of the development services division.
But I admired his talent, his patience, and his will to do a good job.
And I compliment you for appointing him, Mr. Chairman, and
endorsing him. But I compliment you for being here all day,
listening to all this -- excuse me. Thank you very much, and I -- I
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appreciate what you did for this library. CHAIRMAN CARTER: Thank you, sir.
MS. FILSON: Sydney Mellinger. She will be your last speaker
on this item.
MS. MELLINGER: I think Mr. Savage meant all he did -- all
he did for the museum.
My name is Sydney Mellinger. I am chair of the Library
Advisory Board, and I'd like to make a few comments and request
some reassurance from the county commission.
You heard this morning from more than one speaker about the
breakdown of communications whereby things were read about in the
newspaper or were heard after the fact. Well, that happened to the
Library Advisory Board with regard to this placing of a branch
museum on what is still library property. We were never contacted.
As a matter of fact, I was the one who raised this at a meeting. And
there was apologies, and they showed up. But by then, frankly, from
my perspective, the damage had been done.
Now, let me be very clear what I mean there. Had we been
made aware of this to begin with, we might have had input to the
BCC so that the original directive to Leo Ochs would have been
broader than just one parcel of property. That wasn't the case. There
has been ex -- explanation by Mr. Tyson that they have looked at
other areas. So, therefore, I'm not going to get into that too much.
But I -- I really have to say that, as I understand from members
of the Historical Society, they are looking for a building that will
allow them to bring back the Marco Cat and some of the wonderful
masks that were found in the Cushing expedition which would be
great. But I -- I'm not a betting woman, but I'd be willing to bet you
they will never come back. We are a barrier island. We are in a
hurricane area. I am sure that is not going to be the case. Duplicates,
perhaps. That's what I see in many of our national sites all over the
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country.
Now, the reason I'm bringing this up is that they're looking at an
8,000-square-foot building. And I heard the guesstimate of $2
million, which will include high security in order to protect the cat
and the masks. That's a lot of money when I don't think it's going to
be a realistic thing to occur.
Has anyone -- has the county museum, has the Historical
Society, has anybody been in contact with the Smithsonian? Have
they gotten any assurance that, yes, this is a possibility? If they
haven't, then I would urge the county commissioners to ask the
Historical Society and the museum to go back and take a look at
some other sites that are existing. There are old, original buildings
still on the island which might be available for sale which they would
not have to invest so much money in, because they are not going to
have original artifacts. Those are the reassurances I'm looking for.
I want to be very, very clear with each one of you that I support
a branch museum on Marco Island. I live there. It's got a marvelous
history, and we need a branch museum. But I also want reassurance
from myself, for the Library Advisory Board, and for the library
users of the Marco branch who were very excited when we were able
to create green space and all of the other things that you've heard
about, that all aspects have been explored and examined instead of
just going right ahead and saying, "Yeah. Go for it," because I think
that might be a step backward. I've listened to Chairman Carter all
day say, "We're here for our constituents." Well, library users are
also constituents, and we need reassurance that every aspect has been
looked into. Thank you.
CHAIRMAN CARTER: Thank you.
Is that the last speaker, Miss Filson?
MS. FILSON: Yes.
CHAIRMAN CARTER: Thank you. Comments.
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November 13,2001
MS. FILSON: I just want you to know that the governor signed
the letter.
CHAIRMAN CARTER: Yes. All right. He's official. Too bad
he left, he could come right up here.
Okay. Thank you. You'll see him in his office in the morning.
COMMISSIONER HENNING: Maybe we can call him.
MS. FILSON: Actually, yeah, I asked Belle to call him. But he
has to send the oath and the $10 check. And he's going to Federal-
Express that tonight, so it will be tomorrow.
CHAIRMAN CARTER: Ahh, the marvels of the system.
Okay. Thank you.
Comments from commissioners? Questions.
COMMISSIONER HENNING: Nothing. I think we've got a
motion and a second.
COMMISSIONER COLETTA: I got -- I'll make a motion.
CHAIRMAN CARTER: I think we have a -- do we have a
motion and a second on this ? I don't think so. We need a motion.
COMMISSIONER FIALA: I'd like to make that motion. I'd
like to make a motion that we move forward with the feasibility of
using the county-owned property on Marco Island as a furore site for
the Historical Society's branch museum under the county and let
them move forward. This is on a conditional basis that they can raise
the money to build the site.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN CARTER: Will that address the concerns raised
by the last speaker?
COMMISSIONER FIALA: Yes, I think so. No. Well, you said
-- no?
MS. MELLINGER: I've heard nothing about--
COMMISSIONER COLETTA: Ma'am, you have to come to
the microphone.
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November 13, 2001
MS. MELLINGER: Sydney Mellinger, chairman of the Library
Advisory Board. I've heard nothing about any communication with
the Smithsonian. It's such a large building. With such high security
going to be necessary, would it be possible to use an existing building
on the island, one of the older ones, if, in fact, they have been in
communication with the Smithsonian, and they have been told that
we are not going to get the originals back?
MALE IN AUDIENCE: Betsy Perdichizzi could probably --
CHAIRMAN CARTER: Well, wait a minute. Wait a minute.
We really have heard -- we've heard everything. I just was asking
that question. Maybe it's a different issue that has to be addressed at
a different time.
MALE IN AUDIENCE: I think Betsy Perdichizzi --
CHAIRMAN CARTER: You have to come to the microphone,
please.
MR. SAVAGE: Mr. Chairman, Herb Savage. While she's
coming up, one of the greatest sites for this museum is exactly where
they propose it. I tell you that as an architect. All of the other sites
are sort of in the back-woods area, and I plead that you consider that.
CHAIRMAN CARTER: Okay. Thank you, sir.
MS. PERDICHIZZI: Betsy Perdichizzi. I did cut short my
remarks. I was going to address this, but when the -- it looked iike
the board was in favor of-- of moving it, I -- I cut short my remarks.
I have personally corresponded with the Smithsonian in 1995
and the year 2000. I was the Smithsonian coordinator who facilitated
borrowing the Key Marco Cat and -- and the things that we
displayed.
I -- I'm very familiar with their security requirements. I know
that no -- there is no old building on Marco that would -- would
satisfy the Smithsonian. We have to build a new facility. Because
they have loaned it to us twice, I have every confidence that they
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November 13, 2001
would give us a loan again. We are hoping for a permanent loan, but
we're still hoping for a loan.
I know that two universities here in Florida also have artifacts
from the Pepperhurst (phonetic) expedition on -- on their-- in their
museum right now. So I don't see any problem with the museum.
We would certainly use their specifications in order to build a secure
place.
CHAIRMAN CARTER: Thank you very much. I appreciate
that. I didn't mean to interrupt your motion, Commissioner. Okay.
So we have a motion for--
COMMISSIONER COLETTA: And a second.
CHAIRMAN CARTER: -- and I have a second by
Commissioner Coletta. All in favor signify by saying aye.
MR. OLLIFF: Mr. Chairman, as much as I hate laying down in
front of the train and as much as I think this is a good idea, I think
that I would recommend that you give us some direction to bring you
back a use agreement for the property in the interim and clearly some
sort of an agreement should they decide to build a structure on county
property.
You're talking about an independent 501-C-3 corporation,
building a building and raising monies for a building on county
property. And while I -- I don't want to think that this thing is going
to be anything but ultimately successful, I think Historic Society's
track record depends on fund raising and successful fund raising.
And while I don't want to tie their hands or our hands either, should
they not be successful in fund raising, you don't to want tie the
county's hands and its ability to be able to use that property five or
ten years from now if they are unsuccessful.
So I do think there are a lot of what-if's that have to be flushed
out in the form of an agreement, and that would be my
recommendation to you.
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November 13, 2001
CHAIRMAN CARTER: Okay. So if we could incorporate that
into the motion which really says that we have to do all of those
considerations, is what you are advising us as the county
administrator -- I apologize for not looking to my left -- I got to keep
remembering you're over there. You used to sit over there.
COMMISSIONER FIALA: So I'd like to incorporate that in my
motion with all the legal aspects.
I hate to turn my back on -- on the idea, but I know that we can't
move forward with contacting the museum until we have a place to
talk about. So I think that we just must move forward with that. I
know that there are going to be a cultural compatibility there, and I
know they'll work together.
COMMISSIONER COLETTA: I amend my second.
CHAIRMAN CARTER: And thank you for that because I can
vote in favor of anything and then reserve the right for recall, but that
will save me going through that effort, thanks to your -- your
guidance, sir.
All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
COMMISSIONER FIALA:
Opposed by the same sign.
The motion carries 4-0. Thank you.
Campus of culture. Here we go.
Item # 10C
APPROPRIATE INVOICES FOR ADVERTISING AND
PROMOTION OF COLLIER COUNTY TOURISM,
NATIONALLY AND INTERNATIONALLY- APPROVED
W/DELETIONS AS OUTLINED BY ASSISTANT COUNTY
ATTORNEY HUBBARD-ROBINSON
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November 13, 2001
CHAIRMAN CARTER: All right. That removes -- that
removes us -- that moves us to Item 10-C. Thank you.
We need just a couple minutes to switch transcribers -- thank
you -- court recorders.
Short break was held.)
CHAIRMAN CARTER: Are we ready to go?
We are now at the next item on the agenda which is Item
10-D, as in David, authorizing funding to create the hearing
examiner --
COMMISSIONER COLETTA: No, 10-C.
CHAIRMAN CARTER: No, no, no, 10-C. I'm sorry. I checked
that already. Well, nice try.
MR. MIHALIC: It's late. Thank you, Commissioners.
Good afternoon. For the record, I'm Greg Mihalic of the housing and
urban improvement department. I'm before you today to bring
forward the invoices for our tourist development advertising and
promotional functions from the Tourism Alliance and let you look at
those and approve the ones you think are appropriate.
COMMISSIONER HENNING: I have no questions.
MR. MIHALIC: Great.
CHAIRMAN CARTER: I have no questions.
COMMISSIONER FIALA: I had a question.
COMMISSIONER COLETTA: Good, Donna.
COMMISSIONER FIALA: Sorry about that. First of all, I've
got a couple of my questions answered, but throughout here I noticed
that there were dates of invoices, like some of these were in March
and April and yet the date received, even though they were invoiced
in March and April, wasn't until November. What happened between
March and November?
MR. MIHALIC: Well, what this is really -- we're trying to clear
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up an old process, the process from last year, but it has taken the
Tourism Alliance a long time to get their invoices to us.
Under the new process that we'll bring forward to you at the
next meeting, we will essentially have the county operate those
functions, and things will be sent directly to us, and that will speed up
this function dramatically so we won't have these long time delays
between the invoices submitted to the Tourism Alliance and then
coming to us. That's why you see the long delays.
COMMISSIONER FIALA: So--oh, I see. Okay. So that's
why some of these things are billed so long ago. They never got to
you; is that it?
MR. MIHALIC: No, no. They got to us, but they got to us on
the date that we said because it took that long for the Tourism
Alliance to collect them, to have their accounting firm go through
them, to approve them, and then send them to us for approval and
passing them on to the finance department.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN CARTER: Cleaning up an inefficient system is
what I think we're trying to get here.
MR. MIHALIC: But I really need to -- I think I need to talk
about the Spreadsheet No. 3, Commissioners. One and two we've
looked at. The backup is there, and we certainly recommend that for
approval. However, under Spreadsheet No. 3 you'll see that we have
several items that have technical deficiencies of one kind or another,
and not only do you have to trim -- there's a public purpose for this.
You really have to override some of those deficiencies that are in
these invoices, if I may.
For instance, in the first four we see an explanation of a co-op
breakdown where there's cooperative advertising whereby,
essentially, there will be a cooperation between the county's ad and
the Tourism Alliance's ad using TDC funds. Then below it there will
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be a rider where a hotel or another operation would take a tag line
underneath and allow them to participate. This really allows small
vendors to participate because of the low-cost nature of the smaller
ads underneath.
If you'd like we can have the Tourism Alliance speak to that, if
you have more questions about how a cooperative ad has to work.
Right now the county pays for the top ad, the full price of the top ad,
and the independent hoteliers or venture sites, whatever happens to
advertise underneath, pays for that section independently.
CHAIRMAN CARTER: And that's a process, I understand, that
we have under review.
MR. MIHALIC: That is a process whereby -- Mr. Dunnuck has
put up the type of ad we're talking about where the top part of the ad
is paid for by the Tourism Alliance using TDC funds, and then the
bottom is paid for separately by those private hoteliers.
COMMISSIONER HENNING: Using co-op money we really
get a bang for our buck.
MR. MIHALIC: The co-op money gives an opportunity for a
small hotelier to be able to participate in a large premium magazine at
a lower cost that they would never be able to go in on their own.
CHAIRMAN CARTER: Okay.
COMMISSIONER HENNING: I have no problem with it.
MR. MIHALIC: There's an item, out-of-pocket expenses for
Prutos' advertising, $150. There's a question about whether that's
included in her contract each month or whether she should get billed
for that separately. The county attorney's office has opined that these
are out-of-pocket expenses and should be included in her normal
contractual dollar amount she receives each month. The county
attorney is here to speak to that if you would like to hear more about
that.
The Celebrations Unlimited Catering justify a public purpose.
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November 13,2001
This was the premier of their new website, and they held a breakfast
to bring that out to the community. I must say that the Tourism
Alliance has no independent funding other than what we give them
with tourist development funds. So whatever expenses they have
they bill back to us. They have told me they have no monies other
than what they get from TDC funding. That's the thirty-six forty-
eight.
Several advertising -- you'll see there's about nine or ten -- do
not have the required notation that says, "All promotional literature
and media advertising must prominently list Collier County as one of
the sponsors." That is really something that was left off those ads
because the advertising agency really didn't know that they had to
have the tag line on there to be paid for with TDC funds. They know
it now. Future ads will have that tag line on.
COMMISSIONER FIALA: Were they proofread?
MR. MIHALIC: They were proofread, I assume, by the
Tourism Alliance and the advertising firm, but they didn't catch that
they didn't have the tag line until they submitted it to us for payment,
and the contract requires them to have the tag line on there, that
notation.
CHAIRMAN CARTER: What did the county attorney rule on
that?
MR. MIHALIC: I'm not sure that was asked, but the county
attorney has said that the board can certainly pay those items. It is
not an item under dispute about whether it's legal or illegal to the best
of my knowledge.
CHAIRMAN CARTER: Are we subject to any --
MR. MIHALIC: That's not an issue.
CHAIRMAN CARTER: Okay. It's not an issue?
MR. MIHALIC: No.
CHAIRMAN CARTER: Okay. I just don't want to be
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subjected to somebody coming back and doing something on this,
and then it's going to take enormous amount of staff time and
attorney time and dollars to defend a $1.98 item.
MS. ROBINSON: Good afternoon, Commissioners.
In terms of the media --
THE COURT REPORTER: Your name.
MS. ROBINSON: Oh, Jacqueline Hubbard Robinson, assistant
county attorney. In terms of the lack of the required notation, I think
that was just an oversight on their part, and I think the county
commissioners could retroactively approve those expenditures
without having the notation on them, even though the contract really
requires that Collier County be noted on them.
CHAIRMAN CARTER: Thank you, ma'am.
MR. MIHALIC: Commissioners, I'd like to switch over to
Sheet No. 4. This is Greg Mihalic, again, for the record. These are
invoices that have been examined both by housing and urban
improvement department and the finance department. They've really
held these up for various reasons including that the public purpose
has to be defined for it.
I think, really, the most controversial one out here is the fam
trip, the familiarity trip, where writers were brought into Collier
County and really toured the spas that Collier County offers. They
took them around for three days and put them up and wined and
dined them in anticipation of them writing about Collier County and
the good experiences they had in Collier County.
I think this is an area that's important enough that I'd like either
the Tourism Alliance or someone from KSR Advertising to talk a
little bit about a fam trip and why you do that and how it works, if
you'd like to spend a moment on that, Commissioners. Someone please speak to that.
MS. PRUTOS: Good evening, Commissioners. My name is
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Kathy Prutos, and I am president of the Tourism Alliance of Collier
County. Do you have specific questions, or should I just dive right in
on the familiarization trip?
CHAIRMAN CARTER: We better go with ones that are
9/14/01 expended 6/30/01, all from the fam trip.
MS. PRUTOS: Familiarization trips are a standard marketing
tool that we use to promote Collier County. In this particular
instance, in May of this year the Tourism Alliance brought in 18
national media writers to tour Collier County spas. At that time we
believed -- and still do -- that a spa vacation was one of the growing
industries in the tourism sector. As such we wanted to bring these
important editors from national publications here to Collier County to
tour the spas in Everglades City and Marco Island and in Naples.
We put together a very full four-day extravaganza. It was. It
was a fam trip. We wanted to familiarize them. We have a saying in
the marketing business that if a picture is worth a thousand words,
then the actual experience must be worth that much more.
With the increased use of the internet, we are firm believers that
familiarization trips are an important part of showcasing our product.
Our product is Collier County. We brought these writers down here.
The only expenditure to the county was the transportation; the
transportation being the air and the ground transportation. All other
expenditures associated with that fam trip -- all hotel rooms, all
treatments at the different spas, all meals -- more than $50,000 worth
of products and services were donated by the tourism industry.
We feel we have been very cost effective in our expenditure of
these dollars. I want to reassure you that every time that an
expenditure is made by the Tourism Alliance it first goes through a
subcommittee and then through a marketing committee and then is
approved by our executive committee and our board of directors. All
these expenditures are paid on reimbursement. As you can see, that
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November 13,2001
fam trip took place in May. We are now in November. I would ask
that you please approve these expenditures.
COMMISSIONER HENNING: Let me explain to you my
experience with fam trips. My wife -- before we got married, she
managed a travel agency in Brandon, Florida, and she took a trip
down to Costa Rica on a fam trip. And it was the industry that
brought these people down from all over the country to there to
promote what they have in their country, you know, the eco-tourism,
the beaches, and so on and so forth. It is a promotional item to bring
people down there.
I can tell you because of that trip she has really talked up Costa
Rica and what they have to offer. I'm afraid that I'm going to have to
be going there in the near future.
CHAIRMAN CARTER: Oh, you poor baby.
COMMISSIONER HENNING: But it's coming out of my
pocket.
CHAIRMAN CARTER: I would understand that.
COMMISSIONER COLETTA: If I might add a note to that, I
mean, Costa Rica is nice, but you can't beat the beaches in Naples.
COMMISSIONER HENNING:
COMMISSIONER COLETTA:
do all right.
Oh, I agree. I agree.
They have it beat by far. They
MS. PRUTOS: I would also like to point out the fact that
although we brought in 18 writers ranging from Rosie's magazine,
circulation 3.5 million, Oprah's magazine, Glamour Magazine,
Family Circle, and Redbook Magazine, among others, to date not all
of the articles have run. However, in terms of comparative
advertising, we have accumulated more than $594,000 worth of
editorial coverage for Collier County as a result of this one fam trip.
I think the return on the investment is there.
COMMISSIONER FIALA: How many writers wrote about us?
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November 13,2001
MS. PRUTOS: Eighteen writers attended.
COMMISSIONER FIALA: Yeah. How many wrote?
MS. PRUTOS: To date we've had six different writers that have
filed stories. Oftentimes magazines need three or four months at a
time of lead time before they will publish an article, but we fully
expect, you know, that these writers will complete their stories. They
were all qualified. We had to cut it off at 18.
COMMISSIONER FIALA: That's already one-third -- one-third
of them who wrote; right? MS. PRUTOS: Yes.
COMMISSIONER FIALA: That's a pretty good bang for your
buck. Usually you get 10 percent; right? MS. PRUTOS: Uh-huh.
CHAIRMAN CARTER: I think I've had all my questions
answered, ma'am. Thank you. Commissioners?
MR. MIHALIC: I think there's one other thing I need to get on
the record, Commissioners. On the co-op advertising, the section that
we talked about that was tagged onto the bottom is made available to
all members of the hospitality industry in Collier County by faxing it
out. There was a question about who gets to buy the ads at the
bottom, who gets to buy the cooperative ad, and it's offered to
everyone, and it's available on a first-come, first-serve basis.
CHAIRMAN CARTER: Questions, Commissioners?
COMMISSIONER COLETTA: I'm trying to figure out what
we're doing here right now with this. I thought there was some sort
of-- something that was improper that was suggested at one point in
time.
COMMISSIONER HENNING: I think this is very good
information. This is a great exercise, and I do see a lot of room for
improvement. I'm glad the Clerk of Court has brought this to the
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November 13,2001
attention of the board. With that said I will go ahead and make a
motion to approve the items that were expenditures.
COMMISSIONER FIALA: And I'll second that.
CHAIRMAN CARTER: I have a motion, and I have a second.
I concur with you, Commissioner Henning. This was a good
experience for us. This was taking care of the past. We will look to
the future and operate accordingly.
MR. MIHALIC: So you'll find all the items meet the public
purpose, and you wish to have all the items paid on one, two, three,
and four?
COMMISSIONER COLETTA: Are we within our legal means
to be able to do this? Is there some sort of question about our ability
-- didn't Brock question our ability to be able to do something like
this?
MS. ROBINSON: Yes, Commissioners. Jacqueline Robinson
again. The last two pages of these invoices indicate that at least the
Clerk of Courts feels that these are unauthorized for payment by the
county. The ones that I can certainly speak to, again, are the ones
that simply left off the tag line. I think that you can easily
retroactively approve those.
The other one, I'm not familiar with all of the details, but I will
inform you that, yes, in fact, there's a notation at the top of that page
that indicates to you that at least the clerk's office feels that these are
unauthorized.
COMMISSIONER COLETTA: So by our action today we can
pass it back to the clerk, and he would authorize it.
MS. ROBINSON: I can't speak for the clerk. I can tell you that
the one -- the two items that I rendered an opinion regarding were the
travel expenses for Prutos Public Relations for $1,481.99, which I felt
should not be paid by the county. It should come out of the money
that's paid to Miss Prutos. And the other item for $150, which was
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out-of-pocket expenses, which I believe they even state they're out-
of-pocket expenses, should not be paid by the county. Those are the
only two items on those two pages that I've been asked to review.
COMMISSIONER COLETTA: That's what you recommend,
that we strike those items out -- MS. ROBINSON: Yes.
COMMISSIONER COLETTA: -- for payment by the county?
MS. ROBINSON: Yes, based on the information that I had.
MR. HENNING: And that's part of my motion.
CHAIRMAN CARTER: As far as Commissioner Henning's
motion, Mr. Olliff, do you have questions or comments?
MR. OLLIFF: No. Other than if you have any questions at all
on the items that are on List No. 4, then it's certainly under your
prerogative to look at the detail or ask for the detail on any and all of
these. And if the clerk had some specific questions or issues about
those in terms of the contract, it might be helpful if you've got any
questions to get that level of detail from the clerk directly before you
authorize it.
COMMISSIONER COLETTA: I think my question is, how are
we going to handle this in the future?
MR. MIHALIC: Commissioner, in the future we would
eventually use county purchasing policy to approve all of these ahead
of time. You are going to enter into a situation with the clerk
generally where all checks will be approved ahead of time. We may
have to do this one more time for expenses that have already been
spent and are now asking for reimbursement, but we're going to get in
front of the situation where there will be proactive approval before
the money is spent for reimbursement. That's where we want to be
within several months.
COMMISSIONER FIALA: That's a lot better, and I would
hope to see the date of the invoice a little bit closer to the date
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received.
MR. MIHALIC: I would expect much more efficient payment.
COMMISSIONER FIALA: I don't know who's responsible for
that, but whomever.
MS. PRUTOS: May I speak again?
CHAIRMAN CARTER: Yes, ma'am.
MS. PRUTOS: My contract, Prutos Public Relations, is a
contract to run the Tourism Alliance office. That is an administrative
line-item expense. Within the Tourism Alliance budget there is a
separate line-item expense called travel industry liaison. That
fourteen hundred dollars and ninety-nine cents was dollars that I
expended on my personal credit card in an effort to attend the
governor's conference on tourism on behalf of Collier County.
I want to share with you that prior to expending any dollars I
met with the tourism development coordinator and specifically asked
her, "How do I go about filling out my expense report so that I can be
reimbursed?" She explained this to me. I submitted my invoice.
I was then since told that an interpretation by the assistant
county attorney of my contract said that all expenses that I incur are
covered under my contract. I have since talked to the assistant
county attorney. She advised me that she hadn't even opened up a
file on it and to resubmit the information. Since I spoke with her, I
was told to take it up before the Board of County Commissioners. I'm
going to ask you to please pay the governor's conference on tourism
expenses that I expended on behalf of the county as well as the $150
for a fam trip.
We had guests here from the United Kingdom, 12 tour
operators. We were on our fam trip, and there was no refreshments
available. The operator who had provided the accommodations was
going to charge our guests. I said, "No, you're not going to charge
our guests. I will pay for it." I feel that is a legitimate travel industry
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expense and, again, ask that you please pay all of these bills.
These have all been approved, as I mentioned earlier, by our
board of directors and have gone through all the proper channels, and
I believe all the backup is there. We are talking about interpretation
certainly on a fam trip and on co-op advertising, but as your
designated expert in tourism marketing, I would ask that you look to
us to provide you with the most cost-effective ways to market the
county.
COMMISSIONER COLETTA: Forgive me for trying to drag
all of this out, but I was having a hard time understanding where we
were supposed to be going with this. I would like to hear back from
our county attorney.
MS. ROBINSON: I think I should make clear here -- Miss
Prutos does not have a contract with the county. She has a contract
with the Tourism Alliance. The Tourism Alliance has a contract with
the county. We pay -- we set aside funds for the Tourism Alliance.
They have hired Miss Prutos. And pursuant to their contract she is
paid with the tourism development funds.
In paragraph 4 of her contract, it essentially says that out-of-
pocket expenses will be included in her fee, her monthly fee, and
there is no additional budget attached. The items that she is talking
about in terms of specific items have to do with the contract between
the Tourism Alliance and Collier County. So there is no other place
for her to have her travel expenses paid other than out of the fee she
receives from the Tourism Alliance, and that was the basis for my
opinion that that expense should not come back to the county because
she is paid a sum -- I think it's approximately $12,000 per month, and
out of that fee that she is paid her out-of-pocket expenses are
supposed to come out of that.
CHAIRMAN CARTER: So her contract is, what, about
$144,000 a year; is that correct, Miss Prutos?
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November 13,2001
MS. PRUTOS: Yes, it is, and that is to run the office, but it
does not include travel expenses. That's why we have a separate line
item in our budget. I'm no different than any other vendor when it
comes to travel expenses.
CHAIRMAN CARTER:
to--
Where is that line item in reference
MS. ROBINSON: The only line item that I'm aware of is the
line item budget between the Tourism Alliance and the county.
There's no line item budget involved in her contract with the Tourism
Alliance. It simply isn't there.
CHAIRMAN CARTER: So the Tourism Alliance, if I'm
understanding this correctly, should establish a budget for
reimbursement for T & E to the contractor?
MS. ROBINSON: Yes, and it does not include a separate item
for travel. It just includes her fee. And it says all out-of-pocket
expenses come out of her fee.
MS. PRUTOS: Again, it's all out-of-pocket expense for the
administration of the Tourism Alliance office. It is not for travel.
COMMISSIONER HENNING: I call the question.
CHAIRMAN CARTER: Okay.
MS. PRUTOS: Excuse me?
CHAIRMAN CARTER: The question has been called.
COMMISSIONER HENNING: End of discussion. The
question has been called.
CHAIRMAN CARTER: He is calling for-- Commissioner
Henning is calling for the end of the discussion. What I'm
understanding is there's a couple items here that the clerk is not -- or
our county attorney is telling us that we are at risk to pay.
MR. MIHALIC: Yes, the two items that are out-of-pocket costs
for Miss Prutos. I think there's one other item that I do have to get on
the record though.
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November 13, 2001
Kathy, can you talk about how your co-op advertising goes out
to the private sector and how they are allowed to get on to a co-op ad,
the distribution of that? I've been asked to get that on the record, and
I would like to do that, Commissioners.
MS. PRUTOS: Cooperative advertising is the most cost-
effective way to spend the county's money to help us promote Collier
County. When our advertising agency recommended a summer
newspaper advertising campaign, in order to leverage our county
dollars we broadcast fax out to all 87 properties here in Collier
County a schedule in which they were able to select what
publications they wished to go into and how many times they would
like to go into it. Each individual property paid their fair share.
MR. MIHALIC: That was available to everybody, all of the
properties in Collier County. Thank you.
CHAIRMAN CARTER: Just for my own edification-- and I'm
sorry to prolong this, Commissioner Henning -- but $1482 is one
item. The others were the co-op media, or was there some other
smaller item that keeps floating in my head of $350 or -- MS. PRUTOS: A hundred and fifty.
MR. MIHALIC: I think those are the two that have legal issues.
Excuse me. Are there any more?
MS. PRUTOS: Just the $150--
MR. MIHALIC: Those are the two issues that have legal
implications, $150 dated 10/1/01 and $1,481.99 dated 9/1/01.
CHAIRMAN CARTER: And if I'm understanding contract
administration by the authority invested in me -- that sounds like
something off TV. But if I'm understanding contract administration
and what I am being bound to in this situation, $1,482, roughly, and
$150, is the contract reads between Prutos Media Public Relations
Company and the Tourism Alliance. It does not provide for T & E
expenses, but it's listed in the category of out of pocket however that
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is defined.
MR. MIHALIC: For the county attorney's office.
CHAIRMAN CARTER: If that's what I'm understanding, then
the only way I can support this motion is if those two items are not
included for payment. And as much as I personally would not like to
do this, I am going to follow the letter of the contract as I understand
it.
MR. MIHALIC: I would suggest that the rest of the items that
have technical deficiencies in the future obviously be corrected so ads
are placed properly with the proper notations. You'll find that all of
the expenses we're going to approve provide a public purpose for
Collier County.
COMMISSIONER HENNING: Mr. Chairman, just to clarify
the motion, it was not including payment for those two items.
CHAIRMAN CARTER: That's the way the motion reads or is
presented, and if I'm understanding that, I can then support the
motion, but I cannot include those two items. If I have that in my
head right at this time of day, then thank you very much. Therefore,
I'm ready to call the question.
All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries.
MR. MIHALIC: Thank you, Commissioners.
CHAIRMAN CARTER: Thank you.
Item # 1 OD
FUND1NG CREATING HEARING EXAMINER AND
COMMUNITY LIAISON POSITIONS - APPROVED
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November 13,2001
Item ! O-D.
MR. DUNNUCK: Good evening, Commissioners. For the
record, John Dunnuck, interim community development and
environmental services administrator. This is a follow-up item to a
previous board direction.
On June 26, 2001, during the Land Development Code hearing,
the Board of County Commissioners conceptually created the hearing
examiner process. What I'm asking for today is that the board further
that direction and authorize funding to go ahead and create the
hearing examiner in one of two ways.
There's two options. One is to create it as a full-time capacity
with the understanding that down the road we will authorize more
than conditional uses and variances as part of the approval process.
The other for the board's review is to create it on a part-time basis
where we would actually contract out with an existing attorney until
such time as the board feels comfortable to maybe further the
program along.
COMMISSIONER HENNING: That's with a community
liaison?
MR. DUNNUCK: That's the second part of that. This is what
the community liaison -- which was -- most recently the board
direction was to create the other position, which is to help with the
public-participation plan in general. The one stipulation that went
back to the June cycle was that we create a public-participation plan
prior to creating the hearing examiner process. We have done that
through the October Land Development Code hearings.
As part of the board requesting that, we create that liaison
position so that we can implement that public-participation plan. Part
two of this executive summary is making that request as well. This is
the first step in actually hiring the hearing examiner in one format.
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November 13,2001
What I would say is that the next step would be to bring back the
actual job description if you decided to go with the full-time
examiner position so that the board would have the review. We'd
also create the process by which the hearing examiner is hired.
I'm sure you're going to hear from the public this evening that
they would like the citizenry to possibly be a part of that hiring
process. And since this position reports directly to the Board of
County Commissioners conceptually, I would assume that we would
look to the board to participate in that hiring process as well. This is
the initial set-off which is the funding request so that we can go to
Part B, which is actually the creation of the position.
CHAIRMAN CARTER: And no matter what decision we
make, this is paid for out of development fees? MR. DUNNUCK: That is correct.
CHAIRMAN CARTER: Any questions by the board?
COMMISSIONER HENNING: We haven't set the guidelines
or the criteria for hiring either/or the hearing examiner or the
community liaison?
MR. DUNNUCK: No. That would be the second part of this.
The initial part is to authorize the funding. The second part would be
to come back upon the board's direction to follow either one of the
two options. One is to look at a job description that would hire a
hearing examiner for a full-time position, and the other would be to
contract out for one part-time position. I'm looking for the board's
direction in that capacity to proceed one way or the other so that we
can begin the process of writing that job description and bring it back
to the board later this fall or the early part of next year.
CHAIRMAN CARTER: Miss Filson, how many speakers do
we have?
MS. FILSON: We have one speaker for this item, and that is
Nancy Payton.
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November 13,2001
CHAIRMAN CARTER: Thank you, Miss Payton, for waiting
so patiently. I know you've been here as long as we have.
MS. PAYTON: Good afternoon. Nancy Payton representing
Florida Wildlife Federation. I have several quick comments and
requests regarding the hearing examiner. First -- and they're in no
particular order -- the executive summary calls for the office of the
hearing examiner to be in development services. We think that's a
no-no and that the office of the hearing examiner should be in an
impartial location such as the Turner building, and that having the
hearing examiner over in development services gives the perception
of maybe favoring development services, whatever. The goal of the
hearing examiner is to make sure this process is as impartial and fair
and credible as possible. Therefore, by establishing the hearing
examiner separate from development services we think is very
important in that first step.
Secondly, we've always supported and we continue to support a
full-time hearing officer that hears variances, conditional uses, and all
rezones including PUDs. We think the hearing examiner ought to be
handling all of those issues. Also, we think that the person selected
for hearing examiner should be recruited from outside the area so that
they come to Collier County with no preconceived notations, no
friendships that they come truly impartial to work through this
process.
I understand in some areas the hearing officer actually lives
outside of the county to continue that ability to be unbiased. Also,
we've recommended and we continue to recommend a citizens'
committee to be involved in developing the job description for the
hearing examiner, the hiring criteria, and also to make
recommendations to interview and to make recommendations to the
county commissioners for hiring.
Lastly, we would like the community liaison person. We thank
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November 13,2001
Mr. Dunnuck for following through on that. It's a very, very
important position and perfectly appropriate to be over in
development services, and that's where they should be.
I want to thank you for listening to our concerns and acting on
many of them, and working with staff has been a pleasure in bringing
this about. We are very supportive of the hearing examiner program
and the community liaison and outreach. They're very important to
us, and we intend to continue to be involved in this process.
CHAIRMAN CARTER: Well, thank you so much for your
comments tonight, Miss Payton. I'm going to ask -- and it will have
to be a motion coming from the board -- that, one, we have a full-
time hearing examiner and that person would have an assistant; that
we would have a public liaison person. It is all paid for out of
development fees. One, the liaison would rightly so be housed in
community development and where the other two are physically
located would -- you know, that's a discussion, but tonight we would
establish the framework. So if that would be a motion, and I don't
know --
COMMISSIONER HENNING: I'll make that a motion.
CHAIRMAN CARTER: I hear that it will be a motion. I hear
that there will probably be a second --
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: -- to that motion. Would you feel
comfortable with that?
MS. PAYTON: Yes, I do.
CHAIRMAN CARTER: Okay. Thank you so much.
MS. PAYTON: And we can maybe work through the location
when we're doing criteria and recommendations.
CHAIRMAN CARTER: But this just gets us to where we can
do all of that.
MS. PAYTON: Yes. It keeps moving us forward.
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November 13,2001
CHAIRMAN CARTER: Yes, ma'am.
MS. PAYTON: Thank you.
COMMISSIONER FIALA: What was Item No. 2?
MS. PAYTON: My No. 2?
COMMISSIONER FIALA: Uh-huh.
MS. PAYTON: The full-time hearing officer here and all
rezones including PUDs. I guess maybe that could be a
recommendation that comes through the criteria process or the job
description or whatever.
COMMISSIONER FIALA: Thank you.
MS. PAYTON: I'm just bringing it up at every opportunity that
I can.
CHAIRMAN CARTER: I understand.
MS. PAYTON: Thank you.
CHAIRMAN CARTER: Well, thank you so much. Are there
any public -- other public speakers, Miss Filson? MS. FILSON: No, sir.
CHAIRMAN CARTER: Okay. Thank you. I have a motion by
Commissioner Henning and a second by Commissioner Fiala to
establish a full-time hearing examiner with an assistant and a
community liaison person. Any discussion?
(No response.)
CHAIRMAN CARTER:
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MR. DUNNUCK:
All in favor signify by saying aye.
Opposed by the same sign?
Motion carries 4-0. Thank you.
Thank you very much.
Item # 12B
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November 13,2001
HISIPANIC AFFAIRS ADVISORY BOARD; CONTINUED TO
NOVEMBER 27, 2001 BY MEMBERS OF HISPANIC BOARD -
APPROVED
CHAIRMAN CARTER: Now we go to the additions. We
would be at 10-E, but I do have a request from the floor to go to 12-
B. Members of the Hispanic board want to either continue this item
to 11/27, or they're asking if we can accommodate them at this point.
Procedurally is there any problems if the board chooses to do that?
COMMISSIONER COLETTA: I have no problem.
COMMISSIONER FIALA: Huh-uh.
COMMISSIONER HENNING: No.
CHAIRMAN CARTER: The board has no problems with that.
We will go to Item 12-B and hear that subject at this time.
MR. CORREA: Good afternoon. It's not -- or is it good
evening at this time?
THE COURT REPORTER: Your name, sir.
MR. CORREA: For the record, I'm David Correa, chairman of
the Hispanic Affairs Advisory Board of Collier County. As you may
know, the function of the advisory board is to identify and evaluate
issues and problems that are unique to the Hispanic community and
to review and recommend ways to insure open communication
between the Hispanic community and the county government.
As part of our mission statement, we are directed to bring to the
commission information which may be utilized to provide better
understanding by the county of the problems facing the Hispanic
community. During this year we have met with numerous residents
to discuss the issues that affect the Immokalee community. By far
the major concern is the migrant farmworker pay scale. There must
be a solution to this problem if only to clear our conscious.
When you and I sit at our Thanksgiving table, we should not
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November 13,2001
have to contemplate the thought that perhaps those who picked our
fruit and live in our community cannot afford to purchase the
groceries for their Thanksgiving and in all likelihood will have to go
to one of the charitable organizations such as the Guadalupe Center
to enjoy a Thanksgiving meal with all the trimmings.
We recently completed a survey comparing the cost of groceries
in Immokalee with the same items in Naples. We selected 20 items
that residents of Immokalee would purchase at the Winn-Dixie in
Immokalee and compared the prices at the Winn-Dixie at Pine Ridge.
We found the prices to be the same and equal. On the other hand, I
entered a convenience store in Immokalee and found the prices to be
outrageous. I was prevented from doing any prolonged comparison
shopping. A nervous clerk stood nearby watching my every move.
A clipboard and a pad have a distinct effect on certain individuals.
The general consensus were that prices in Immokalee would be
much higher due to the lack of competition and other costs incurred
by the supermarkets. That was not the case. But as an unintended
consequence I came upon a disturbing fact. The prices are equal in
both areas except, according to the Economic Development Council
of Collier County, the median family income is $59,000. The
average annual wage is $26,000.
In Immokalee the farmworkers earn between six and ten
thousand dollars a year. Most of the time they cannot afford to
purchase the food necessary to sustain a family. According to a
report by the Center for Immigration Studies, in Florida 47 percent of
the immigrants live in poverty compared to 20 percent of the natives.
Our board has visited Immokalee a number of times to discuss
the very low wages and deplorable living conditions of the
farmworkers. We have received information that the problems of the
farmworkers negatively impact the Hispanics as well as the entire
community. This matter was previously brought to the attention of
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November 13,2001
the prior board of county commissioners. The board chose not to act
because it viewed the matter as a private-sector labor dispute.
However, the Hispanic Affairs Advisory Board has found that the
farmworker problems in Immokalee continue to exist. Therefore, the
Hispanic Affairs Advisory Board formally do hereby recommend in
the form of a resolution that the Board of County Commissioners
request the growers to seek a dialogue with the farmworkers in the
Immokalee community for the good of all.
The recommendation of the Hispanic Affairs Advisory Board is
only for the board to request dialogue and not for the board to involve
itself into the dialogue or in any terms or conditions of employment.
We also respectfully request that Governor Jeb Bush join in your plea
for a dialogue between the growers and the farmworkers. In this time
of crisis, those of us who can should offer assistance to those who
cannot.
I want to thank you for your time and for your attentiveness.
Thank you.
COMMISSIONER COLETTA: No, thank you. The effort you
put into this to get it to us after being rejected time after time, it's
commendable that you stayed the course. I can tell you a personal
story going back about three years ago when it was rejected. Pam
Mac'Kie, I guess, was the only one at that time that was supporting
that.
MR. CORREA: That's correct.
COMMISSIONER COLETTA: At that time I was president of
the Catholic charities, and they just extended our umbrella of
coverage to Immokalee and got Guadalupe social services under that.
That's one of the things they were very involved in.
Pam Mac'Kie came out for it, and she was very supportive. She
wrote a letter of support for it, and I, in turn, wrote a letter to the
editor of the paper. I got condemned by the other commissioners that
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November 13,2001
were on the board at the time for doing so. I'm glad I'm here at this
point in time.
MR. CORREA: And they're not.
COMMISSIONER COLETTA: And they're not. I'd like to be
the one to support the motion.
MR. CORREA: Thank you, sir.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN CARTER: Speakers?
MS. FILSON: Yes. Lucas Benitez.
MR. BENITEZ (through interpreter):
THE INTERPRETER: Good evening. First of all, I'm a
farmworker in Immokalee. My name is Lucas Benitez. We are here
to support the proposal by
Mr. Correa.
For many years we have struggled to establish this dialogue with
the growers in our area. There's been a lot of voices that have come
together to support the call for that; among them are the former
president Jimmy Carter, former governor Lawton Chiles, and the
present governor Jeb Bush, and a number of religious leaders from all
over the Southwest Florida area.
We really believe that any industry that's looking towards the
future can't afford to deny dialogue with its workers. We hope that
you understand that what we're asking is not for the board to take a
side in the debate, but to simply support the call for dialogue. We in
Immokalee have a dream of one day having a movie theater, of
having a Wal-Mart, of having stores in our own community so we
don't have to travel all the way to Naples or Fort Myers. Thank you very much.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN CARTER: Next speaker.
MS. FILSON: He was the last speaker.
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November 13, 2001
COMMISSIONER COLETTA: I've got a question, but it's for
you, Commissioner Carter, since you're the senior member of this
group. When is the last time someone came before us that needed an
interpreter? I bring it up as a very good point.
CHAIRMAN CARTER: I understand. Probably -- in my
history of only three years on the commission, this is the first time I
can recollect that we had someone interpret for a member of the
community speaking before us.
COMMISSIONER COLETTA: I think we need to keep in the
back of our mind that we have a large Hispanic community out there
that speaks one language. Eventually their children will become part
of the system, and they'll probably speak two languages, and their
children will speak English. In the meantime, if we have anyone who
wants to come before this commission that speaks any other language
than English, I think we should make every effort we can to
accommodate them with an interpreter so they can make that
appearance.
CHAIRMAN CARTER: I think anyone who wants to address
us probably would do that.
COMMISSIONER FIALA: And they've sat here all day long
too. That's really admirable.
CHAIRMAN CARTER: Right.
COMMISSIONER HENNING: Well, there's some other people
out there that have been here all day long. I hope you're not
suggesting that we spend more general fund money to have an
interpreter here.
CHAIRMAN CARTER: I don't think I heard that.
COMMISSIONER COLETTA: No. I'm thinking we would
have volunteers out there in the community that would be more than
happy to do it or within our own staff.
CHAIRMAN CARTER: Yes. Volunteers who would come and
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do that, yes. I think that's the way I understood it, Commissioner
Henning. Thank you.
COMMISSIONER FIALA: Or, like this gentleman, just bring
your own.
MR. OLLIFF: Mr. Chairman, we have a voluntary internal
interpreters' program that covers not only Spanish but most Creole
languages all the way down to even some dialects of Chinese. You
have a number of employees who are on call and available to do
some interpretation should any citizen ever need assistance within the
organization.
CHAIRMAN CARTER: Good. That's more than you would
get in any other country.
COMMISSIONER COLETTA: I might also add that if you
ever need to communicate with any of my constituents out in the
Immokalee area and you need someone to interpret for you in
Spanish, don't hesitate to call, and I'll get that person to you.
CHAIRMAN CARTER: I don't think I have any trouble with
foreign languages. I know that would be wonderful. Thank you.
All right. We have -- what's the situation here? I'm sorry.
COMMISSIONER HENNING: We have a motion and a second
to support the resolution. I can just say that I know there are a lot of
big agricultural concerns in the Immokalee area, but also there are
small ones too. I cannot support it for the fact that I would hate to
have big government tell small businesses how to run their business,
and I know it is a problem. I know that Jeb Bush has allowed himself
to get in between this.
COMMISSIONER FIALA: Well, I don't think it -- my second
and I'm sure your first doesn't have anything to do with anybody
getting in between business telling them how to run it. All that they
are asking here -- or the way I understand it is we're just asking both
sides if they would please get together and talk. We're not telling
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them what to say, nor do we want to be part of the meeting, nor do
we want to have any part of the outcome. We're just encouraging
them to get together.
CHAIRMAN CARTER: Well, let me ask you this question,
Commissioner, if I might. What prohibits them from doing that
without the Board of County Commissioners being involved in this?
I mean, this is government and this is the private sector who
negotiates with contractors for employees, and I believe they need to
have dialogue. I believe if they have conflicts that need to be
resolved, I have suggested to them that Florida Gulf Coast University
has conflict resolutions and that they could address any issues.
Where do we draw the line by saying that we are encouraging or
asking the governor to be involved? That is, to me, the governor's
decision. Where do we stand as the private sector-- I mean, as the
government dealing with the private sector? And, also, there's four
commissioners here. I really would have liked to have Fred Coyle be
a part of this discussion because there's a district that is not
represented on this commission tonight. I don't have that input.
I have encouraged the Hispanic Advisory Board to make these
efforts. I'm not against the efforts. I didn't see the resolution prior to
it being in the book. I cannot support involving the government at
this point. I am not sure, the way that it's worded, that I am
comfortable in involving county government unless there was
something where they were at an impasse, and I have some problems
with that.
COMMISSIONER COLETTA: I'm glad you brought that up
because there is an impasse. There's an impasse in Immokalee with
the disparity of pay that the laborers get paid. There's an impasse all
through the county in the fact that our social service agencies and this
very government, because of the lack of sufficient pay, has to come
forward and make up the deficiencies and have been doing it one way
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or another. Social service agencies are taxed to the fullest because of
this.
The day of reckoning is coming. You know, if we want to make
sure that people can stand on their own, we have to give the
encouragement for people out there to do the right thing, to get
together and just talk. The outcome or what it may be, who knows.
But my district of Immokalee could greatly use any kind of help we
can get. I mean, on one end we're taking away the substandard
housing, and on the other end if we can't try to do something to
encourage them to get together and talk about the disparity of wages,
then I think we've got a big gap in the process.
CHAIRMAN CARTER: Another question I have is, since all of
these workers are contracted, is there a uniform contractor, or is it
various groups that represent one group versus another?
COMMISSIONER COLETTA: May I suggest--
CHAIRMAN CARTER: I mean, I don't know. You know, the
growers seem to deal with this on an individual basis. You know, I
have great difficulty having government beginning to get involved
and, A, saying this is a group who recognizes all the workers in a
given area. I have not seen a formal organization that represents
those workers, because in my experience that becomes recognition
that there's a group that, A, may be a federation or a union, and the
other is we have companies, and I don't see a structure. I do not see a
group of growers sitting out here tonight saying that there's someone
who represents the growers or a growers association that will
represent and work with a farmworkers' association.
I'm hearing and seeing we want dialogue. I want the dialogue.
Why can't the growers and the work forces out there have this
dialogue without a resolution by county government saying you
should have this?
COMMISSIONER FIALA: Apparently they haven't been able
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to do that if they're back here again after four years still asking for it.
COMMISSIONER COLETTA: If I may read from here,
Donna, this may cover it: "Voted to request that the Collier County
Commission formally by resolution call upon the growers and
farmworkers to engage in dialogue to try to solve the problems faced
by the farmworkers." I mean, is that an insult to the growers? No. Is
it an insult to the farmworkers? Absolutely not. It's just asking them
to do what is humanly right.
COMMISSIONER FIALA: Well, you know, I'm a great
believer in people sitting down at a table and talking with one
another. I think that when people -- some people talk through the
newspaper instead of sitting down and telling you a problem.
CHAIRMAN CARTER: Right.
COMMISSIONER FIALA: Some people, you know, they blast
somebody. Some people jump to conclusions and spread rumors that
-- you know, they get expanded to a point where they're not even
recognizable.
Whereas, if you sit down at a table with both sides, you can usually,
if you have reasonable people -- by the way, that's an important thing.
If you have reasonable people with an open mind, you can usually
come out to some conclusions.
Let me say that this hits, like, another area also, and that's health
care. You know, we're dealing with this health-care issue right now,
the indigent health care. This is something that they say is the
farmers' problem and maybe if-- it's not the problem. They say it's
because they're not paying them enough. Well, maybe if they work
out -- and it's not for me to suggest nor say, but maybe they would be
able to work some of that out, too, through some dialogue.
COMMISSIONER HENNING: I'm not sure if that's really the
cause of it, but you made some good points on dialogue, and I agree.
That is a personal choice. We don't need government to get in the
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way of that.
I think this is a great healthy discussion, and I'm ready to vote on the
motion.
CHAIRMAN CARTER: All right.
COMMISSIONER COLETTA: If I may just make one last
comment here in reading from our executive summary, "Rather, the
HAAB believes that the commissioners should merely make the call
to the parties," meaning both parties, "to have dialogue," just like
Commissioner Henning said, and I don't think I have anything further
to say.
COMMISSIONER FIALA: Sometimes people don't know
they're supposed to talk with one another. Just on a side note, I was
just in someplace the other day where I had to actually suggest,
"Well, why don't you call them and sit down and talk." "Well, I don't know that they would answer."
"Well, you have to ask." You know, the answer is always no
unless you ask.
COMMISSIONER HENNING: Good for you.
CHAIRMAN CARTER: I think that's an interesting point, but I
would go back to what if the nurses and health-care employees at
NCH or Cleveland Clinic were unhappy and came to us and said,
"Pass a resolution where we're going to have dialogue with
management." I can't--
COMMISSIONER COLETTA: That's a terrible comparison.
CHAIRMAN CARTER: Well, it may be, but I cannot go to this
point and do this. They have an opportunity if they want to continue
this until Commissioner Coyle is here or do it tonight, and I am going
to vote with Commissioner Henning.
COMMISSIONER HENNING: Commissioner Coletta, do you
think it would be worth continuing this discussion and withdrawing
your motion?
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November 13,2001
COMMISSIONER COLETTA: You mean putting this off until
the next meeting? I would be more than happy to involve Mr. Coyle
in it. If anything, the exposure we're getting for the problems out
there is well worth it.
COMMISSIONER HENNING: There you go.
CHAIRMAN CARTER: And again --
MR. CORREA: Excuse me. I would have no problem with
putting it over then for two weeks or the next meeting. Perhaps
Commissioner Coyle would be in our favor.
COMMISSIONER COLETTA: Perhaps you might want to
bring a couple more interested parties in on this.
CHAIRMAN CARTER: I would encourage the growers to be
here too. I mean, if they have someone that's speaking for them-- I
don't know if they do or don't.
COMMISSIONER COLETTA: I love it. Do you realize what
you just said? If we get the growers here and we've got the workers
here, we've already done what we got the motion for. By all means,
let's do it.
COMMISSIONER HENNING: In the meantime, maybe,
Commissioner Carter, since it's in your district, the growers and the
farmworkers --
CHAIRMAN CARTER: You mean Commissioner Coletta;
right?
COMMISSIONER HENNING: Yeah. Commissioner Coletta.
I'm sorry.
CHAIRMAN CARTER: I mean, I knew we just had a district
change here, but I didn't know it grew that fast.
COMMISSIONER FIALA: You didn't know that that's where
you were going.
COMMISSIONER COLETTA: I'll be more than happy to
extend a general invitation to everyone, and hopefully we can get it
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November 13,2001
out in Spanish--
MR. CORREA: Thank you.
CHAIRMAN CARTER: Thank you very much.
COMMISSIONER COLETTA: -- and Creole.
CHAIRMAN CARTER: Thank you. Mr. Weigel--
COMMISSIONER HENNING: And Chinese.
MR. WEIGEL: The board will need to take an action to
continue the agenda item for two weeks, a formal action vote on that.
COMMISSIONER FIALA: Go ahead.
COMMISSIONER COLETTA: Yes. I make a motion that we
continue this to the next meeting.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: Do we have to withdraw the other
stuff and then do that?
MR. WEIGEL: I think Mr. Coletta withdrew his motion.
COMMISSIONER COLETTA: I did.
COMMISSIONER FIALA: I'll withdrew my second --
withdraw my second. It's late.
CHAIRMAN CARTER: Okay. I have a motion to continue by
Commissioner Coletta and a second by Commissioner Fiala. Is that
correct?
MR. WEIGEL: Yes.
CHAIRMAN CARTER:
signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
I'll call the question. All in favor
Opposed by the same sign.
Motion carries 4-0. Thank you.
Item # 10E
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November 13,2001
WORK ORDER FOR BONNESS, INC. FOR BLUEBILL AVENUE
CONSTRUCTION IN THE AMOUNT OF $155,281.56-
APPROVED
COMMISSIONER HENNING: The next one is 10-E.
CHAIRMAN CARTER: Yes, yes. That's right. We jump back
to 10-E, a work order for--
COMMISSIONER HENNING: Bonness.
CHAIRMAN CARTER: -- Bonness, Bluebill Avenue sidewalk
construction. I couldn't read my writing. Mr. Kant, good evening.
MR. KANT: Good evening. Edward Kant, transportation
operations director. This was an add-on item. We appreciate you
considering this on such short notice.
COMMISSIONER HENNING: I have only one question.
MR. KANT: Yes.
COMMISSIONER HENNING: Is this a safety item?
MR. KANT: I beg your pardon?
COMMISSIONER HENNING: Is this a safety item?
MR. KANT: Yes, sir. I believe it is.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN CARTER: I'll second that. Any discussion?
COMMISSIONER FIALA: Well, I'd like to know what we're
voting on.
CHAIRMAN CARTER: We're voting on--
COMMISSIONER HENNING: It's right here.
COMMISSIONER FIALA: Yeah, I know, but I haven't read it
yet. They just handed it to us.
COMMISSIONER HENNING: A sidewalk on Bluebill
Avenue.
CHAIRMAN CARTER: A sidewalk on Bluebill Avenue so
people don't get killed.
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November 13,2001
MR. OLLIFF: It's actually the construction of the sidewalk
from the new beach parking lot adjacent --
MR. KANT: Over to Gulf Shore Boulevard.
COMMISSIONER HENNING: I would rather get some roads
down, but it is truly a safety item.
MR. KANT: This is an issue -- first of all, let me make sure you
understand. This is not being paid for out of our road funds. This is
developer commitment. The developer basically wrote the county a
check. We've been trying to wrangle this out of them for several
months. We've been successful. We believe we have our costs well
covered, and we have a contractor ready to go. And between now
and the first of the year this work should be done if I can get a work
order written.
CHAIRMAN CARTER: All right. We'll go for that. I have a
motion to approve. I have a second by the chair. All in favor
signify --
(Unanimous response.)
CHAIRMAN CARTER: Motion is approved 4-0. Thank you.
That takes care of 10-E.
Item # 1 OF
BUDGET AMENDMENT TO REPLACE PATROL CARS IN
PELICAN BAY - APPROVED
Now we go to F, which was 16-B, as in boy, 2. Am I correct on
that?
MR. FEDER: Yes.
Commissioners -- Norman Feder, transportation administrator
for the record. Mr. Ward is not here, so I'll cover this item.
Very quickly, Pelican Bay's taxing district provides for a
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November 13,2001
number of services that they pay for above and beyond by taxing
themselves. One of those is additional security provided out there
that they pay for off-duty sheriff's officers or sheriff's deputies to be
out there. But they provide them out of their taxing funds vehicles.
They had two separate vehicles that were damaged beyond
repair. As the item noted or notes here, they're looking for $39,500
to replace those two vehicles. They will be receiving back
$14,667.40 from insurance proceeds back into the reserve fund. All
of this is coming out of their own taxing district fund. Again, this
was on consent and was pulled, so I gave you a quick background,
and I'm open for any questions you have.
CHAIRMAN CARTER: That's paid by the local MSTBU. The
residents of Pelican Bay paid for this. No other citizens paid for this.
It's their choice, their call, and I would honor their request.
COMMISSIONER COLETTA: I'll make a motion to approve.
COMMISSIONER FIALA: And the MSTBU, I mean, is paid
back by the insurance as well; right?
MR. FEDER: At least a portion of it in this case.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: We have a motion by Commissioner
Coletta, 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. Thank you.
Item # 10G
BID 01-3278 AWARDED TO TRUTWIN INDUSTRIES, 1NC. FOR
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November 13,2001
ROADWAY PAINT, THERMOPLASTIC MARKINGS AND
RAISED PAVEMENT MARKERS, ESTIMATED AT $100,000
That takes us to Item G, as in good, which is Item 16-B, as in
boy, 4.
MR. KANT: That was the request pulled by Commissioner
Coletta on the roadway paint, thermoplastic markings and raised
pavement markers. Excuse me. Edward Kant, transportation
operations director.
I believe the question was how much we were planning to spend
on that. When I spoke with the purchasing department, we realized
that we did not put a total on there. We only put the unit prices on
that. For that we apologize.
COMMISSIONER COLETTA: I did my job.
MR. KANT: We will make sure it doesn't happen again. We
anticipate a total of about $100,000 based on our history and what we
think we're going to have to do this year. The contract runs on an
annual basis.
COMMISSIONER COLETTA: And this is also related to
safety?
MR. KANT: Absolutely, yes. These are for pavement
markings, thermoplastic -- the raised pavement reflective markers,
and both paint and thermoplastic.
COMMISSIONER COLETTA: And $100,000 is in line with
the previous year?
MR. KANT: Yes, sir, it is. Keep in mind that we have over
1,500 miles of roadway that we have to keep marked and striped.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta. I have a second by Commissioner Fiala.
All in favor signify by saying aye.
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November 13, 2001
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MR. KANT: Thank you.
Opposed by the same sign.
Motion carries.
Item # 1 OH
CHANGE ORDER #6 WITH BETTER ROADS FOR CONTRACT
NUMBER 00-3054, PINE RIDGE ROAD SIX-LANING-
APPROVED IN THE AMOUNT OF $256,176.87
CHAIRMAN CARTER: That takes us to Item D -- I'm
sorry H-- 10-H, which is 16-B, as in baker, 5.
MR. MILLER: Good evening, Commissioners. For the record,
my name is Steve Miller. I'm the director of transportation
engineering. This particular agenda item was -- Commissioner
Coletta asked for some further clarification on this change order, so I
would like to do that now for you. This is on our construction
contract for Pine Ridge Road. It's Change Order No. 6. What it
provides for is some work that we did to provide for future landscape
-- irrigation for future landscaping on the project was not included in
the original contract.
We had some adjustment to some pay out in quantities. Also,
we had to do some work for the new future signalization for the
county's traffic signal system. We had to do some work out there so
that when that came through we would be able to accommodate that
as far as providing pole boxes and some conduit adjustments.
There is some additional time in this change order also for
weather-related delays and also the completion of a 16-inch sanitary
force main.
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November 13,2001
COMMISSIONER COLETTA: Is it common for us to have
overruns of this amount of money, $1.2 million?
MR. MILLER: Yes, sir, it is. On this type of a project, it's not
uncommon to have this. This should be our last one. This is to clean
up a lot of quantities so that when we close out the project we --
because we had some overruns and some underruns of payouts.
COMMISSIONER HENNING: The change order amount is
$256,000.
MR. MILLER: Right.
CHAIRMAN CARTER: And this comes out of impact fees for
District 2 that have already been collected if I understand-- MR. FEDER: Correct.
CHAIRMAN CARTER: -- and have to be spent in the district
for these types of improvements? MR. MILLER: Yes, sir.
COMMISSIONER COLETTA: The other question I've got is,
in light of the current economic situation, should we be reconsidering
our 10 percent allowable overruns given authorization to pay?
COMMISSIONER HENNING:
MR. FEDER: No.
COMMISSIONER COLETTA:
You mean the bonus pay?
No, Tom. This is the overrun,
when they overrun on a project and go up to 10 percent before they
have to come back. If I understand it, that's the present setup, Tom.
MR. OLLIFF: The purchasing policy authorizes the staff to be
able to enter into change orders that do not exceed 10 percent of the
original contract amount. I will tell you in a contract as complicated
as the Pine Ridge Road contract, if you wanted to keep it moving and
you want to meet schedules at all, you need to, in my opinion, leave
that purchasing policy provision where it is. If you would like to see
a report of any change orders the staff approves, I think that's a good
idea, and we would love to be able to provide you with that, any and
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November 13,2001
every change order that we approve, so that you've got an idea of
what's being changed out there in the way of contracts. But when
you do underground conditions, utilities and that kind of work, in
order to be able to keep the project moving, you need to give your
staff some authority out in the field.
MR. FEDER: Mr. Commissioner, I would add specifically on
this one $250,000 as was noted is far less than that 10 percent
provision, which could have been over $1.2 million, but when we
have anything of any magnitude, we're going to bring it to you. I
think as Tom's pointing out, though, as you find situations in the
field, you need that authority to be able to continue that work going.
COMMISSIONER HENNING: During the road design, from
my understanding, this wasn't in it. We do want to signalize the
traffic lights, tie them together, so we get traffic moving.
MR. FEDER: This is correct, sir.
MR. MILLER: Absolutely.
MR. FEDER: This design was done some time ago.
CHAIRMAN CARTER: I think we've got to keep in mind that
we're still going through an inheritance process where you have a
new team taking over former negotiated contracts, and they're trying
to do things and catch up and clean up and do what we need to do. I
don't think the 10 percent require -- authority is unreasonable. I do
agree with -- I think the board is asking and Tom Olliff is saying to
us that when we have these overruns, they should come to us, and we
will take a look at them. We need to know what they are.
COMMISSIONER COLETTA: I agree 100 percent. We need
to keep on top of this as we go through it-- CHAIRMAN CARTER: Right.
COMMISSIONER COLETTA: -- and not delegate too much
authority.
CHAIRMAN CARTER: We'll let management do their job.
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November 13,2001
We'll give them the framework, and then we'll review some of those
decisions as appropriate. We need approval.
COMMISSIONER COLETTA: I'll motion to approve.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta. Do I have --
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Henning. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
Opposed by the same sign.
Motion carries. Thank you.
Item # 10I
RFP 01-3271 THREE FIXED TERM COASTAL ZONE
MANAGEMENT PROFESSIONAL ENGINEERING SERVICE
CONTRACTS- AWARDED TO HUMISTON & MOORE
ENGINEERS, COASTAL PLANNING & ENGINEERING, AND
TAYLOR ENGINEERING
That takes us to Item I, as in island, which would be 16-C-4.
MR. WIDES: Commissioners, good evening. Tom Wides, for
the record, interim public utilities administrator. This executive
summary you're looking at is for coastal zone management.
Particularly, on October 9th the board approved the recommendation
for a short list of three firms to be involved in this. This would be
Humiston & Moore, Coastal Planning & Engineering, and Taylor
Engineering.
Speaking to the contract itself, it is a fixed-term contract.
Within that contract it has fixed fees that vary by the type of
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November 13,2001
individuals employed in the activities for the various management
activities. And, in fact, these will allow us or facilitate us to develop
work orders and, in fact, to meet the various projects that are outlined
out there. In addition, these are paid by TDC funds, Category A
funds, and there is a budget for this activity of coastal management of
$1.1 million for the year.
COMMISSIONER COLETTA: I think the reason I pulled it
was the fact that there was no dollar amount related to this.
MR. WIDES: Right. And the fact is, it is a fixed fee by the type
of individual involved in the process, and the entire budget for the
entire project is $1. ! million.
CHAIRMAN CARTER: And it doesn't exceed that. We're
operating within that framework is what I understand.
MR. WIDES: Exactly. We will portion out the various projects
that will be identified among the three contractors not to exceed the
$1.1 million in total.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta for approval. Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Henning. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same motion.
(No response.)
CHAIRMAN CARTER: Motion carries. Please note that
Commissioner Fiala was absent from the dais.
Item # 10J
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
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November 13,2001
JEANNE L. NOE FOR SHERIFF'S OFFICE MAINTENANCE
FACILITY ON ARNOLD AVENUE - APPROVED
All right. Item 10 or 16-E --
COMMISSIONER HENNING: 1.
CHAIRMAN CARTER: -- 1. That's the Roman numeral
versus the other. Thank you, Commissioner. Thank for helping an
old guy out. Okay.
COMMISSIONER HENNING: I'm just trying to be helpful.
CHAIRMAN CARTER: You are. Okay. 16-E-1.
MR. CARRINGTON: Good evening. I'm Chuck Carrington,
real property management director. This is a request to extend a
lease for the sheriff's office maintenance garage and fueling facility.
I believe Commissioner Coletta had a question on it this morning.
COMMISSIONER COLETTA: I thought we should get a little
bit more of an explanation on exactly what this lease entails against
the other options that are out there, if there are any at all. In other
words, the sheriff's department is currently occupying the building?
MR. CARRINGTON: That's correct.
COMMISSIONER COLETTA: It's a continuation of the
existing lease?
MR. CARRINGTON: Right. This is a continuation to extend
the lease for an additional one-year period with the right to extend it
for two additional years. They're looking at-- the staff is currently
investigating moving. The current county maintenance facility
located on County Barn Road, they're looking to locate that to a
larger site. The plans are as they exist today. The sheriff's facility
would move to that new location or take over the existing County
Barn site. That's about two to three years away.
COMMISSIONER HENNING: They've been leasing this
building for at least 20 years to maintain the vehicles -- the sheriff's
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November 13,2001
vehicles. I know I talked to Tom a little bit about it. There is a true
need to expand that facility. It's just that capital constraints or dollars
prevents us from doing it this year.
CHAIRMAN CARTER: You know, you're right. It almost
becomes a domino theory. If one falls, you know, it just cascades.
So we have to take each piece and deal with it and keep looking at
the big picture and will we have the capital dollars to do the other
things is unknown at this point to this board and what we're
confronted with, so I would entertain a motion.
COMMISSIONER COLETTA: I will make a motion to
approve that. One of the reasons why we're going through this little
exercise is that these are items I think the public has a right to hear up
front rather than just have them buried in a consent agenda in the
back of the book. I think it behooves us to go through this
continuously.
I know we all go through the consent agenda. Our problem is
that we become so familiar with it that we just ask specific questions
which we really don't know the answers to, and the public out there is
totally in the dark, and they're asking "Why did this happen?" So I'm
picking out different items that I think may be of public interest so
that we can bring them up and move them forward.
Actually, I think staff is doing an excellent job in how they're
presenting all of this. I do question whether we should have some
sort of cap on what goes into the consent agenda. That's something
that we can get into a deep discussion on some other time, but give it
some thought. I did make a motion to approve this.
COMMISSIONER HENNING: Second.
CHAIRMAN CARTER: I have a second by Commissioner
Henning. All in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
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November 13,2001
(No response.)
CHAIRMAN CARTER: Motion carries.
MR. CARRINGTON: Thank you very much.
MR. OLLIFF: Thank you, Chuck.
CHAIRMAN CARTER: Thank you, sir.
Item #1 OK
TEMPORARY CENTRAL MAIL RECEIVING FACILITIES FOR
VARIOUS COUNTY AGENCIES - APPROVED
Item J, 16-E -- oh, I'm sorry, 16-E-6. We just did that.
COMMISSIONER HENNING: We are on K.
CHAIRMAN CARTER: K, 16-E-8.
COMMISSIONER COLETTA: 16-E-A?
COMMISSIONER FIALA: 8.
CHAIRMAN CARTER: E-8. Mr. Carnell.
MR. CARNELL: Good evening, Mr. Chairman and members of
the board. Steve Carnell, purchasing general services director. The
item-- this item before you is a recommendation to create a
temporary central mail receiving area for the various county agencies
who receive mail every day here on the campus as well as receiving
the mail centrally for the community development services division
here at -- the Horseshoe Drive location receiving the mail here for
them.
This recommendation comes to you for really, basically, two
essential reasons. One, first and foremost, is public safety, protecting
our citizens, our members of staff, employees here on the campus
from any possible medical threat that could arise with the mail. As
we all know, the situation with the U.S. Mail now is quite unstable,
although by and large safe. It's more just a matter that we don't really
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know the direction of where things are going. So that's our first
concern.
Our second issue, almost as important in some respects, is to
minimize the disruption in the county services and operations day to
day from actual or perhaps more importantly perceived threats. So
this is a product of some cooperative work between the county
manager and the constitutional officers who make this
recommendation to you now, and I'm prepared to answer any
questions.
COMMISSIONER COLETTA: Once again, this has to do with
the safety and welfare of the people that work on this campus and the
public at large. And this particular thing -- if we listened to Don
Hunter earlier, I think about eight hours earlier, he brought up some
of the dangers that we're up against and some of the actions that he's
taking. I wanted to see this item brought up so the public can see that
we are fully in tune and aware of the situation out there and that our
employees know that we're doing everything possible to protect their
welfare.
I make a motion to pass this.
COMMISSIONER HENNING:
Coletta, and I'll second it.
CHAIRMAN CARTER: Okay.
Good job, Commissioner
I have a motion by
Commissioner Coletta and a second by Commissioner Henning.
in favor signify by saying aye. (Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries.
MR. CARNELL: Thank you, Commissioners.
MR. OLLIFF: Thank you, Steve.
All
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November 13,2001
Item #10L
PART-TIME CLERICAL POSITION FOR THE RETIRED
SERVICES VOLUNTEER PROGRAM (RSVP) - APPROVED
CHAIRMAN CARTER: Okay. That takes us down to H, I, J,
K, L, M in the alphabet-- 16-F-3.
MR. OLLIFF: Actually, you're on Item L, as in Larry. It's 16-
E-11.
CHAIRMAN CARTER: Okay. I tried to jump right past that.
COMMISSIONER FIALA: Good try.
CHAIRMAN CARTER: I'm at 16-L -- no, I'm on Item L, 16-E-
l 1. Yes, sir.
MR. BEAUCHAMP: Good evening. Gary Beauchamp, human
resources director. I think Commissioner Coletta pulled this from the
consent agenda.
COMMISSIONER COLETTA:
correct?
I did. This is a new position;
MR. BEAUCHAMP: That's correct. It's a part-time position for
the retired services volunteer program. It is a grant-funded program
for the director and the director's associated expenses. It does not
provide for any support -- assistant support personnel.
MR. OLLIFF: Maybe I can help with this one a little bit too.
This is actually a result of the meeting that I had with the RSVP
director who is currently responsible for literally hundreds and
hundreds of volunteers, especially during the season, who staff
mostly agencies outside of our organization. Although we house or
we provide office space, we try and help her with her coordination
efforts, but she currently does all of her own clerical work.
She is responsible for managing the entire program by herself. I
made a deal, frankly, with her that I would bring forward some
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November 13,2001
clerical help for the board to consider but in return for which I
wanted her to come to each of the division's staff meetings, explain
what RSVP is, and what the opportunities are then for our
departments to provide volunteer opportunities for people in the
community to come volunteer for Collier County government. She
excitedly agreed to that, and she is scheduled to go to all six of the
different divisions to explain what the program is.
Our departments, on the other hand, have already begun
preparing what volunteer opportunities there are in county
government. We expect the payoff from this to be significantly large
in terms of the number of volunteers that we can get in some of our
departments like libraries, parks, museums, especially those kind of
departments where we think we can get volunteers. In fact, we think
this will pay for itself over and over and over again.
COMMISSIONER COLETTA: Okay. How do people get
ahold of-- who in the county to be able to volunteer their services?
MR. BEAUCHAMP: That is Sharon Downey, the program
director for retired senior volunteer program.
COMMISSIONER COLETTA: And her telephone number?
You don't know it?
MR. BEAUCHAMP: I don't. She can be reached through the
human resources number at 774-8460.
COMMISSIONER COLETTA: One more time.
MR. BEAUCHAMP: 774-8460.
COMMISSIONER COLETTA: That's if anyone out there
would like to get involved in their county government to assist us.
MR. BEAUCHAMP: It's a volunteer program.
COMMISSIONER COLETTA: We'll be able to save money
and be able to further our cause.
MR. BEAUCHAMP: Absolutely. And to provide a good
service to the county. Sharon would have been here herself today,
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November 13,2001
but she is in Immokalee. The reading program in Immokalee has
taken off. She actually doesn't have enough volunteers, so she had to
do it herself.
COMMISSIONER COLETTA: How can you say no to
something like that? Shame on you. I make a motion to pass it.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: Okay. I have a motion by
Commissioner Coletta. I have a second by Commissioner Fiala. All
in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
MR. BEAUCHAMP:
Opposed by the same sign.
Motion carries. Thank you.
Thank you, Commissioners.
Item # 1 OM
STATE OF FLORIDA CONTRACT #250-040-99-1 TO
PURCHASE WIRELESS LOCAL AREA NETWORK FOR
EMERGENCY MEDICAL SERVICES DISPATCH FROM
DTNET, INC. - APPROVED
CHAIRMAN CARTER: Now I'll be able to go to the next one,
M, as in Mary, 16-F-3.
MR. STORRAR: Good afternoon, Commissioners. My name is
Tom Storrar. I'm your emergency services administrator. We appear
before you today seeking approval to purchase a wireless network
infrastructure capable of providing reliable full-time connectivity to
remote stations for the purpose of enhancing emergency services to
residents throughout the county.
In our continuing effort to enhance our emergency services
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November 13,2001
delivery, we are requesting the implementation of what we call a tear-
and-mn dispatch system. Basically what that does is as the 911
operator receives an emergency call for our EMS services, she begins
to input data into a dispatch screen. That dispatch screen is then
transferred over to our emergency medical dispatcher. At the same
time this system will allow us to transmit that data simultaneously out
to one of our remote EMS stations. So what you have is everything
that's being input into the database at the sheriff's office dispatch
center is ultimately transmitted to a printer in an EMS station.
As the paramedics receive the call on their way out to get in
their unit, they have now hard copy. They can pull that hard copy off,
take that in the unit with them, give them more accurate data or more
data than is given out over the voice radio, thus allowing us to have a
little bit higher delivery of service in times of need.
COMMISSIONER HENNING: And this is to benefit District
5?
MR. STORRAR: This is county-wide, sir. I have a-- if I can
put this up over here -- COMMISSIONER HENNING:
continue it.
COMMISSIONER COLETTA:
I'm saying, if it is we need to
Even if it's the newly confined
districts of District 5 where he just stole part of my district. Thank
you, Tom.
MR. STORRAR: This diagram you see before you covers every
EMS station in the county. I guess the good news in this whole
project is there's no ad valorem tax dollars invested. We're using
monies from our EMS grants, and we're using revenues from a
negotiated lease with the Nextel Corporation. So we have no tax
dollars invested in this.
COMMISSIONER COLETTA: But, once again, it has to do
with the safety and welfare of the community at large?
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November 13,2001
MR. STORRAR: Yes, sir, that is correct.
COMMISSIONER COLETTA: And it will allow for a quicker
response?
MR. STORRAR: I think it will allow for a quicker response and
a better response because now the paramedics know more detail as
they're in route to that patient that needs our services. They can
better prepare themselves to respond to the situation that they're
about to encounter.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: There's a motion to approve by
Commissioner Henning and a second by Commissioner Coletta. All
in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
welfare, which I think is always important.
Nancy, 16-F-7.
Opposed by the same sign.
Motion carries. It's health, safety, and
We go to Item N, as in
Item #1 ON
INTERLOCAL AGREEMENET BETWEEN NORTH AND EAST
NAPLES FIRE CONTROL AND RESCUE DISTRICTS AND
COLLIER COUNTY FOR ACQUISITION OF LAND AND THE
CONSTRUCTION AND OPERATION OF JOINT EMS AND FIRE
AND RESCUE FACILITY IN GREY OAKS; APPROVE
EASEMENT AGREEMENT BETWEEN COLLIER COUNTY'S
DISTRICT SCHOOL BOARD, NORTH AND EAST NAPLES
FIRE CONTROL AND RESCUE DISTRICTS AND COLLIER
COUNTY; PURCHASE AGREEMENT BETWEEN HALSTATT
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November 13,2001
PARTNERSHIP, NORTH AND EAST NAPLES FIRE CONTROL
AND RESCUE DISTRICTS AND COLLIER COUNTY;
DONATION AGREEMENT BETWEEN HALSTATT
PARTNERSHIP AND COLLIER COUNTY- APPROVED
MR. PAGE: Good evening, Commissioners. For the record,
Jeff Page, director of operation for EMS. This is a joint project
between East Naples and North Naples and the county for a
substation for an emergency facility. We've been working on this
project probably since late '98 and all through '99. Keith Gomez is
here. He's a senior analyst with real property. Is there any questions
we can answer on this?
COMMISSIONER COLETTA: You're already answering some
of them. One more time, exactly what is the public purpose this was
going to do? How is it going to be for the safety and welfare of the
community?
MR. PAGE: Okay. It's a joint safety facility. It will house an
East Naples fire district apparatus, a North Naples fire district
apparatus, and an EMS ambulance out of that same station. This was
property that was purchased or will be purchased, hopefully, jointly
where we've split the cost three ways. East Naples definitely needs a
station in that area. North Naples is right between the two districts.
And, of course, EMS, it would be more centrally located for us as
well.
COMMISSIONER FIALA: You might as well say what area
it's in so that anybody who's listening knows.
MR. PAGE: It's on Airport Road just north of Santa Barbara
right in front of Poinciana school there on the west side of Airport.
COMMISSIONER COLETTA: And our third of the cost that
we're going to bear is because of EMS going in there; is that correct?
MR. PAGE: Correct, one third of the cost.
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November 13,2001
COMMISSIONER HENNING: It's a great concept, sharing
facilities. Motion to approve.
CHAIRMAN CARTER: I have a motion 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.
MR. PAGE: Thank you.
Item #100
ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND
THE STATE OF FLORIDA DEPARTMENT OF HEALTH ON
THE OPERATION OF COLLIER COUNTY HEALTH
DEPARTMENT- APPROVED W/CHANGES. INDIGENT CARE
TO BE DISCUSSED ON 11/27/01
CHAIRMAN CARTER: Thank you, sir. We're at Item O, as in
orangutan-- no, I don't know. We're at O, 16-D-1.
COMMISSIONER COLETTA: D?
COMMISSIONER HENNING: David 1.
CHAIRMAN CARTER: David 1.
MR. OCHS: Good evening. Again, for the record, Leo Ochs,
assistant county manager. This is your annual contract that we're
bringing before the board for approval with the public health
department, and I believe Commissioner Fiala had a few questions.
COMMISSIONER FIALA: Yes, I did. I understand that tucked
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November 13,2001
inside of here in that 204 percent increase, or whatever that is, is the
indigent health-care program. Is that it?
MR. OCHS: That's correct, Commissioner.
There's a $700,000 appropriation that was approved by the board as
part of the expanded service budget for the county health department
that's a part of this contract.
COMMISSIONER FIALA: Also, the school nursing program is
tucked in there. Is that the case?
MR. OCHS: It is. As the board will recall, way back this
morning when we went through your changes, that $250,000 is going
to be removed from this contract and paid directly as a result of the
recent interlocal agreement between the county commission and the
school district, so it will not pass through this contract. We will pull
that $250,000 out and pay that directly from the board to the school
district.
COMMISSIONER FIALA: Well, while we're on that subject
and before we go on with this one, Tom, I had spoken to you at the
last board meeting about setting up a meeting with the school board
to discuss them paying the entire school nursing program from here
on end so that that always takes place and we don't have it on our
budget anymore. Obviously, it's the right thing to do for them and
not for us. Anyway, have you set that meeting up for us yet?
MR. OLLIFF: No. You had actually talked about after the
holidays because it didn't need to be held until you were talking about
your budget for next year.
COMMISSIONER FIALA: Okay.
MR. OLLIFF: So we're talking about somewhere after January.
COMMISSIONER COLETTA: We obviously do not
communicate.
COMMISSIONER FIALA: I guess not.
COMMISSIONER COLETTA: No. In the meetings I held on
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November 13,2001
this process over some period of time and everything, it's generally
understood by them that we won't be there next year. We have
identified $400,000 that the school system's going to get that they're
not even aware of that will help to offset our share of it, so they'll be
able to be on their own. There was never any intention to carry this
forward over a number of years. It was just to be the catalyst to make
them do something they should have done on their own. We had to
take the -- step up to the plate and help them to that point.
COMMISSIONER FIALA: It's too bad we had to twist their
arm so hard, isn't it, when they should have been doing it by
themselves?
COMMISSIONER COLETTA: It is, but they did the right
thing. Let's give them credit. They're going to continue to carry it on
forever because they realize it's in the best interest of the community
and it's their responsibility.
COMMISSIONER FIALA: Okay. Now I think we ought to be
talking about the $700,000.
COMMISSIONER HENNING: Well, I think so too. In light of
the fact that we are going to -- we don't know what's going to come
down from Tallahassee. I think the voters sent a strong message
November 6th. We need to get prepared for all of those items, and we
know that we must build the roads. Those are a concurrency item. I
know that you, as my colleagues, want to build good communities
here in Collier County, so I can understand why this was put forward
for approval. I understand that. But I would hope that we can scale
back some.
COMMISSIONER COLETTA: Commissioner Henning, I think
you're within every right to make every suggestion you can to try to
scale back. There are a couple of points that I would like to make at
this point in time.
One is the fact that the amount of money that we have for the
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November 13,2001
clinic or that's set aside -- and by the way, it is not an insurance
program. It is not something that people are guaranteed. You have
to fall into a very small category to be able to qualify. You have to
be a working person that earns under, like, $26,000 for a family of
four. You have to be able to prove residency in Collier County to be
able to take part in it.
This was supposed to address the needs of the people in this
county that make that lower-end salary just to be able to meet the
very basic needs, to be able to see what help they need and maybe
keep them from going into the hospital with high blood pressure, but
it wasn't in any way designed to be a hospital program to refer them
to the hospital.
In light of what we're saying, where we're at is we're in a little
bit of a crisis within our government, and it's a dollar crisis. I think
that one of the things we all agree is that we're very concerned about
the roads and where that's going to come from. We all feel a great
responsibility to get the roads built. I don't mean to be taking us
away from the subject, but this is where everything is leading us.
You know, we made a firm promise that we were going to get the
roads in. Very shortly we're going to have them come to us, and
they're going to make suggestions such as, "Well, let's not do this
particular road. Let's do this one." We're going to have to pick and
choose. The urban area, of course, will always have the pick, and it
will be the rural area which always takes the beating.
COMMISSIONER HENNING: I don't know if that's true.
COMMISSIONER COLETTA: Well, let me finish, Tom. You
can go ahead from there, and you can comment any way you like, but
the word out on the street already is that Immokalee Road from 951
to OrangeTree is being seriously considered to be shelved. Also,
some material roads within the county such as Santa Barbara, I heard,
and I heard also Vanderbilt.
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November 13,2001
Now, what I'm saying is that aside from this particular issue
here, we might want to stand firm and united that we're going to find
the money within the county government or through the grants or by
mortgage or by taking the tax that we have on gas and bonding it, but
we're going to find the money to build all the roads in the most
expedient way possible, and we're not going to eliminate any part of
the county. We're going to take responsibility for all of the county.
There are certain portions out there that would like to divide us on
that issue.
Now, coming back to the one on the indigent care -- I'm sorry,
Donna --
COMMISSIONER FIALA: Can I -- that's all right.
COMMISSIONER COLETTA: Go ahead.
COMMISSIONER FIALA: That's all right.
COMMISSIONER COLETTA: That's fine. Go ahead and
comment.
COMMISSIONER FIALA: Just to add to yours, I was thinking
-- you know, not being a road person, I don't really know. We're
allowed to talk like people, right, aren't we?
COMMISSIONER COLETTA: We sure are --
COMMISSIONER FIALA: Okay.
COMMISSIONER COLETTA: -- unless Commissioner Carter
stops us.
COMMISSIONER FIALA: I was -- being that we have this 5
year -- 25-year ambitious road program and we're trying to get it all
done rather quickly in five years and that's why we needed the extra
money, can we stretch that out a little bit? Can we spread that out
over 10 years or 15 years?
CHAIRMAN CARTER: Wait a minute. Staff will come back
with a breakdown for us, I believe, by the next meeting. They're
going to give us some thoughts and some direction. Five years was a
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November 13,2001
backlog, a backlog. It said we should have built them before. We
didn't. Not "we" -- this board didn't do that, but it's reality. It didn't
get done. So now we inherit a crisis. We inherit a problem. I don't
want to --
COMMISSIONER FIALA: But we promised to fix it.
CHAIRMAN CARTER: Well, that's true. And I don't want to
leave this board at any point and say, "You know what? I'm going to
hand this dirty stick off, and you folks can worry about it four or five
years from now." I don't want to do that. I want to be able to find
ways to go through this.
So I think at this point I would prefer to hear what staff will be
bringing back to us on the 27th to deal with roads as one subject, but
we've got a hell of a lot of infrastructure out there to deal with, ladies
and gentlemen. We've got to find a way to do it. And I don't know
the answer tonight. I don't know what the State of Florida is going to
do to us in their budgetary process or what's known as cost shifting.
So I'm going to wait and see what happens.
I'm like you. I want to do the right thing. And, you know, Tom,
please inject yourself into this discussion, but I think we've got one
issue tonight to focus on in terms of one piece. The decision can go
-- however you want to do it, but, remember, you've got four
commissioners here and not five.
MR. OLLIFF: I need to try and refocus the board on the issue at
hand a little bit. I think we can talk about roads and infrastructure
and budget plans, but really the issue in front of you is the annual
health department contract. That contract includes two components
that the board wanted to discuss. One was the school nursing
program -- which I think you've already approved an agreement with
the school board for this year, so I believe that money is committed.
The second issue is the $700,000 that's in this current public-health-
department budget for the indigent health-care program.
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November 13,2001
Do you have a road shortfall currently? Yes. Would $700,000
be able to be put towards that program? Yes. Is that the reason to
make this particular decision? Probably not. What we probably need
to do is know whether or not the board still philosophically supports
the idea of this program and not so much just for this year, but
probably more for next year, because the decision that needs to be
made is not a $700,000 decision. But I think in fairness to any
contractor that you're going to enter into an agreement with who's
going to open a facility, bring doctors and nurses in and lease
equipment, they are more than likely going to want at a minimum an
18-month commitment on the part of the board. And you need to
recognize then that next year's financial cost for that same program is
estimated to be $1.6 million.
And the only question is whether or not you want to continue to
include that in this particular contract, or do you want to see that as
part of any other budget-reduction packages that you direct me to
bring back to you which I can probably have for you by the next time
you meet. We can at least have that particular program set aside and
let you talk about that separately, with everything else that's going to
be on the table, rather than in isolation here this evening.
COMMISSIONER COLETTA: I think that's the fairest way to
handle it.
COMMISSIONER FIALA: I do too.
COMMISSIONER COLETTA: And we'll have five members
on the board at that time. We'll also have the public ready to address
it at whatever direction they want to go.
MR. OLLIFF: My other concern is that the public health
department doesn't suffer in terms of the other ongoing standard
public health programs, because you have a lot of sexually
transmitted disease programs. You've got a lot of AIDS awareness
programs and other programs there that I think are important, and my
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November 13,2001
recommendation to you is that you pull that one component out,
direct us to bring it back in two weeks, and talk about it with other
issues, but that you approve then the balance of the public health
contract for this fiscal year.
COMMISSIONER FIALA: Well, that's what I would like to do.
As you well know, I sent all of the commissioners and you a copy of
a letter that I sent to Mike, Mike Carr. We spoke of this, and I gave
you some suggestions, and I would like you to incorporate those into
the plan in two weeks. Thank you.
Okay. So I would like to pull this. I'll make a motion to pull
this component, the $700,000, out of this summary and place it on the
agenda in two weeks.
COMMISSIONER HENNING:
it?
COMMISSIONER COLETTA:
What about the adult dental?
And approve the remainder of
And approve the remainder of it.
COMMISSIONER FIALA:
Thank you.
COMMISSIONER HENNING: The adult dental care?
COMMISSIONER FIALA: I don't know. I didn't --
COMMISSIONER HENNING: That was just an added thing
that we did this year that we haven't done in the past.
MR. OCHS: Mr. Chairman, you have three additional expanded
service program requests that were approved as part of your budget
that is part of this contract. I think I hear Commissioner Henning
alluding to one of those, and that was the $60,000 allocation for an
adult dental clinic that was going to leverage a million dollars
perhaps of federal monies for adult dental services, so we thought
that was a good investment.
The other two items were a $250,000 allocation to your prenatal
clinic. That's an ongoing operation providing prenatal services to
indigent expectant mothers. The third item was a continuation or
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November 13,2001
expansion of the outreach efforts for the State of Florida Healthy
Kids initiative. Those elements are still in this contract, and we
recommend you leave those in the contract. Pull out the $700,000, as
the county manager indicated, and address that as part of the larger
budget-reduction strategy for the next meeting.
COMMISSIONER FIALA: That's what I'll do.
CHAIRMAN CARTER: I believe that's a motion I hear from
Commissioner Fiala.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN CARTER: I have a second by Commissioner
Coletta. Any further discussion? (No response.)
CHAIRMAN CARTER: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign. Motion
carries 4-0, and that item will be reserved for discussion on 11/27.
COMMISSIONER COLETTA: I would like to compliment
Tom Olliff for working us through this, and everyone on this board
for being realistic and approaching this in a way that -- putting
finality to it at the following meeting when we are fully represented
here.
COMMISSIONER HENNING: I should be saying that. I
commend you guys for your reconsideration of that.
CHAIRMAN CARTER: Well, I've always looked at this as we
had a model. We were going to test it. The criteria was there, and I
believe there was also a co-pay on it. I made a pledge to the
community a long time ago if it became a significant budget item, a
long-term commitment by the county, then I believe it duly needed
voter input. At this point it was a line item, and I believe that that's
what we were elected for, to make line-item decisions, and I wasn't
about to spend $280,000 on a referendum to get a $700,000 item
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November 13,2001
dealt with.
COMMISSIONER FIALA: I know. I couldn't see that.
CHAIRMAN CARTER: There's no -- that does not make any
good economic sense in my judgment.
COMMISSIONER COLETTA: What else have we got?
CHAIRMAN CARTER: Okay. Do we have any other items to
come off of that agenda?
Item #1 lA
ESTABLISHMENT OF CASH MANAGEMENT POLICIES FOR
AIRPORT AUTHORITY OPERATIONS AND CAPITAL
PROJECTS - APPPROVED
COMMISSIONER FIALA: 11-A -- No. 11-A is 16-H-1.
CHAIRMAN CARTER: You're right. We've got one tucked
over here on the side. I ran out of room. Okay. 16-H-1.
COMMISSIONER HENNING: And the only reason that I
pulled this -- this is the Airport Authority asking for capital funding
for projects that are going to receive state grants. I have a real
concern because of what's happening in Tallahassee -- and we've seen
one of our grants, our road funding grants, cut by a million dollars,
and I just don't want us to get caught funding something and then the
grant will be deleted and then we'll be stuck carrying that burden.
CHAIRMAN CARTER: Good question. Mr. Drury.
MR. DRURY: John Drury, for the record, executive director of
the Collier County Airport Authority. I think the grants that are
being looked at in Tallahassee are the outer-year grants, at least for
the aviation program, but the current-year grants, those that we
execute, are a binding contract between the State of Florida and the
Collier County Airport Authority, and then the funds are allocated for
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November 13,2001
our projects. So we're not tied to any grants that are not committed to
from the State of Florida. I don't know if that helps answer the
question.
COMMISSIONER HENNING: Yes. That's just for this year,
but we don't know what's going to happen next year.
MR. DRURY: Correct. Next year we'll go in with our program,
and the funding that I'm hearing that's available for airports next year
is looking pretty good. We think or we know that they're going to be
funding the operational side of airports, which is a new program that
we are looking forward to because that will help offset salaries and
the cost of operations and the maintenance.
COMMISSIONER HENNING: Just staying with the capital-
improvement side of it, you don't see a problem for this year's
funding?
MR. DRURY: No, I do not.
COMMISSIONER HENNING: Okay. Do you have any
objections, just sort of tying it to this fiscal year, and we'll deal with
these other issues as we go forwards?
MR. DRURY: Well, the only thing is that probably a majority
of our grants are not FDOT grants. They're -- as far as dollars go.
They're the United States Department of Agriculture, the USDA,
economic development administration, which is another federal
agency. We received $1.6 million from Enterprise Florida.
So we have a host of grants that we go for and, unfortunately,
they're multi-year, meaning that it takes after we get it -- the grant
may take eight or nine months. Then we have to go and negotiate
with the design firm, and then they have to design it, and then we
deal with the contractor and then mobilization and then construction
and then CO, and we end up going over maybe a two-year period.
COMMISSIONER HENNING: Okay.
MR. DRURY: I think all really this does is in the event that the
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November 13,2001
grant hasn't been received and we're paying a contractor, it allows the
Authority to borrow short term from the county, pay interest, and as
soon as the grant is received, it pays back that borrowing.
COMMISSIONER HENNING: I understand. I was just
concerned about the grants.
MR. DRURY: The grants look pretty good, and the majority of
them are federal and other agency grants.
COMMISSIONER HENNING: Okay. I would just say if--
whether it's in three years or ten years, if there is a problem that this
should come back for reconsideration, just that element of it, the
grants. We don't want to fund these projects -- or the board should be
aware of funding these projects out of the general fund because of a
grant failing, so I make a motion to approve.
CHAIRMAN CARTER: I have a motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: I have a 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.
It does look like the agriculture bill for this year coming out of
Congress looked good out of the House. What is going to happen to
it in the Senate I don't know, but I thought we were looking pretty
good at this point. Let's hope that the Senate doesn't chew it up too
bad.
MR. DRURY: Yes. Thank you, Commissioners.
CHAIRMAN CARTER: Thank you. Did I hit them all, gang?
COMMISSIONER FIALA: Yep. That's it. We're down to 12-
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November 13,2001
Item # 12A
RECOMMENDATION THAT THE BOARD PAY REASONABLE
ATTORNEY FEES AND COSTS INCURRED BY COUNTY
EMPLOYEES CHARGED WITH CRIMINAL VIOLATIONS IN
CONNECTION WITH 03/07/99 SULFURIC ACID SPILL AT THE
NORTH COUNTY REGIONAL WATER TREATMENT PLANT -
TO BE BROUGHT BACK UNDER CONDITIONS OUTLINED BY
THE ATTORNEY'S OFFICE
CHAIRMAN CARTER:
report.
MR. WEIGEL: Thank you, Mr. Chairman.
Attorney Mike Pettit will make the presentation.
I'm down to 12-A, county attorney's
Assistant County
MR. PETTIT: Good evening, Commissioners. Mike Pettit from
the county attorney's office. I'm here to present this item. It involves
a request by attorneys for three county employees who have been
charged with criminal charges for determination as to whether this
board would approve the payment of their reasonable attorney's fees
if they enter a pretrial diversion program.
As explained in the executive summary, we've looked at the law
on this issue. If, in fact, these three individuals went to a jury trial or
a trial in front of a judge and were found not guilty or if a judge threw
the case out of court, there would be no question in our mind that this
board would have no choice but to pay any fees that they have
incurred.
The reason I say that is the county undertook an investigation
sometime ago and concluded that although these gentlemen did not
follow the established procedures and did not -- and used poor
judgment in the way they responded to this acid spill incident in the
way they attempted to dispose of the acid by diluting it and so forth,
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November 13,2001
they didn't do it intentionally. There was no intentional wrongdoing.
There certainly was no action that was uncovered to show that they
were doing anything to benefit themselves. So that meets the legal
test.
What were they doing? They were acting in the course and
scope of their duties, and they were trying to perform a valid public
purpose, albeit they didn't do a very good job. I don't think anybody
disputes that. They were charged criminally subsequently. They've
been disciplined internally in the county, although they're all still
employees here.
As I said, if they were to go to trial or a judge threw the case out
of court at some point, you would have under Florida law an
obligation to pay any fees they've incurred. We're kind of in a gray
area. Pretrial diversion would lead to a situation where after they
reported to a probation officer for six months the case against them
would be dismissed, and it would be as if they had no record, no
charge.
In my opinion, I don't think that compels this board to have to
pay the fees if they, in fact, go that route. Now, they may decide to
go that route, and they may sue the county and demand their fees, and
then I guess the judge will tell me whether I'm right or wrong. So
we're kind of looking into the future.
In my opinion, at this point, I don't think you're compelled to go
that route. By the same token, the language in the cases and the
language in resolution would indicate to me that you could
reasonably conclude to go that route. In other words, agree at this
point that, yes, if they go through the pretrial diversion and, yes, if
they complete that successfully, we will agree to pay their reasonable
fees incurred.
I should make the point that we don't know whether the fees that
I've got in this executive summary are reasonable because I have not
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reviewed any attorneys' fees statements. These are just numbers that
have been given to me by the attorneys involved.
The practical downside, if the board chooses not to pay today --
actually, they wouldn't be paying today; you wouldn't pay until they
completed the diversion program -- is they may choose to go to trial,
and they may be found innocent. If they are their fees and costs,
obviously, are going to be greatly expanded from what they are now.
CHAIRMAN CARTER: Mr. Pettit, what would be the total on
all three employees? Is that about --
MR. PETTIT: I still do not have a number for the one
employee.
CHAIRMAN CARTER: Approximately.
MR. PETTIT: I would estimate based on the two figures that I
got from the two attorneys that we're looking at something right
around twenty-nine or thirty thousand dollars at this point.
COMMISSIONER FIALA: And if we go forward with this and
if, indeed, they do their little trial and so forth, rather than go to trial
we'll save about 30,000; right?
MR. PETTIT: Well, understand that, first of all, I don't know
whether the $30,000 is reasonable. I think I would have to come back
to this board at least with a consent agenda item and make a
recommendation as to what was the reasonable amount we would
pay. I'm just telling you today what their attorneys claim they have
incurred. That's Point 1.
Then Point 2 is we would only be legally obligated, in my
opinion, to pay if the judge for some reason throws the case out of
court. For example, there's an issue of the constitutionality
of one of the statutes that they were charged under. Or if they go to
trial and a jury finds them or a judge finds them -- I can't recall
whether they've got a jury or a judge trial -- not guilty, at that point
under Florida law you would have to pay whatever their reasonable
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fees and costs are.
CHAIRMAN CARTER: I guess, Commissioners, I will tell you
where I am. I punched a time clock for a period of time. That
supervisor or foreman told me what to do. I didn't stand there and
have a debate with him particularly if it was an emergency situation.
I did what I was told. So these are two hourly employees under the
direction of a supervisor.
MR. PETTIT: The super -- I think -- my understanding of the
situation is that the supervisor is one of the three people charged here.
CHAIRMAN CARTER: I know, but I'm taking the two
employees. My conscious says, I'm willing if we can craft some
statement here to bear the cost of where they are if it goes through
due process as you've outlined. There's six months, and then they're
-- in essence or in my terminology, they're adjudicated or whatever it
is, and they're okay.
The supervisor has been disciplined and has been demoted, if
you please, in this situation, and I don't know how good of training he
received. I don't know how up to date he was. I don't know how
good we were in training him. I don't know where the shortfalls
were. That's probably an issue maybe some of the other
commissioners want to talk about.
But I have a feeling that if a person in a situation does to the best
of his or her abilities under the training as they understood it at that
time and the ordinances and regulations and took action, and even if
it turned out to be that there was some things there they could have
done better under a law or an ordinance by the Department of
Environmental Protection -- and I wonder how many anywhere
would know all the laws and ordinances in any given situation-- and
they performed to the best of his ability.
I'm inclined to say that if we can craft up to 30,000 working
with those to negotiate with these attorneys, it is my opinion as a
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commissioner that perhaps this is what we need to do today and then
just make sure in the future, A, have we corrected all the things that
took place so it doesn't happen again or reasonably assured it doesn't
happen again and, two, that all of the employees that are involved in
these situations have received the proper training.
Comments, Commissioners? Commissioner Coletta.
COMMISSIONER FIALA: I want to --
COMMISSIONER COLETTA: You first, please.
COMMISSIONER FIALA: Okay. I just wanted to ask two fast
questions. Who charged them?
MR. PETTIT: They were charged by the State of Florida, I
believe, following a Department of Environmental Protection
investigation, I think. I, quite frankly, am not sure of the relationship
between the Department of Environmental Protection investigator
and the state attorney's office and the decision to charge.
COMMISSIONER FIALA: Now, I understand that they were
following procedures that they thought were in effect, but it was for a
smaller spill; is that correct?
MR. PETTIT: That's my understanding from the report that was
prepared by our water director, and I do want to clarify something in
the executive summary. I think I said in that second sentence that
several staff members were told to follow established-- in fact, they
failed to follow established procedures. That's a mistake in the
executive summary.
As I understand the report, the failure to follow established
procedures in part was the failure to contact the DEP when the spill
occurred and report it. That was one problem. My understanding,
though, is there had been a similar spill some years before, similar in
that it was the same kind of acid, but it was a very tiny quantity. The
DEP apparently gave instructions that you could dilute that spill with
water. They attempted to dilute the spill here. There was 500 gallons.
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My understanding is that no amount of water was going to
accomplish that dilution, and when they realized that there was a
problem with that, they called an outside company to come and take
the liquid and put it in a storm retention pond -- one of the county's
storm retention ponds.
CHAIRMAN CARTER: Mr. Mudd.
MR. MUDD: Can I interject-- Jim Mudd, deputy county
manager -- for a second? That stormwater retention pond, I think you
also got to work with the ingredients. Was there any environmental
harm because of the actions that transpired in the spill? We've had a
monitoring program that we've had to be into because of that consent
order. And so far that monitoring report -- and we just got back a
16th of October letter from the Department of Environmental
Protection basically saying "Why isn't your contractor asking for
clean closure?" In other words, there was no chemical reaction that
would produce heavy metals in the groundwater contamination. We
still have increased sulfates, but that's the secondary treatment criteria
for clean water. So we're finishing that process up. The sulfates will
go down. But the environmental harm, per se, because of where they
put the acid that was diluted has shown that there was none.
COMMISSIONER COLETTA: IfI may.
CHAIRMAN CARTER: Interesting. Commissioner Coletta.
COMMISSIONER COLETTA: I want to remind this board that
we are also being sued and that we have the full support of the county
behind us to be able to get through this. Are we guilty of what we
did? I hope not. I'm sure these people aren't either. But I'd like to
hear from their boss, Tom Olliff, on his spin on this. We have to put
everything in context.
MR. OLLIFF: Well, I think, clearly, this is more of a legal issue
and a policy call in this particular case. I think the risk is that they go
forward -- and it's an odd position to put the board in because,
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frankly, what we're saying is your risk is that their charges are
dropped and, frankly, that would be a good thing. So it's an awkward
position. But were they to go to that extent and the charges be
dropped or dismissed by the judge, I think, clearly, the exposure
could be as much as two times of what you're looking at in terms of
attorneys' fees today.
Did they handle the situation like they should have? No. Did
they handle it in a way that they thought was the right way? Yes. I
think those employees did what they thought was the right thing to do
at the time. Have they been punished internally and has this court
process from a year and a half ago that's been dragging through the
system and making them pay their own attorneys' fees taught them a
lesson? I don't think there's any question about that.
Do I ever think that those three employees will do anything like
this again? Absolutely not. Nor do I think that the lesson they
learned wasn't shared by every single person who not only worked at
that plant, but every single person who works at your south county
plant as well. So I think the county learned a very valuable lesson.
Frankly, I think it's a question for the board-- a decision for the
board to make, but I think, in essence, it's a decent financial decision
to be made now, and it's also one where I think those employees did
not do anything that was a crime of commission, if you will, but
rather one of omission where they simply made a mistake simply
trying to do the right thing in the public's interest.
COMMISSIONER HENNING: I think our former public works
director didn't help out the situation with his comments. MR. OLLIFF: I couldn't agree more.
COMMISSIONER HENNING: So I think that we -- in this case
only -- that we should step up and do the right thing for our
employees. Now, what that is, if we can just say that -- can you bring
something on approval back on a consent item?
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MR. PETTIT: If the decision of the commission is to vote to
pay these fees if these gentlemen go through pretrial diversion
successfully, it would end up they would have no criminal record.
They would have no -- they could, for example, on a job application
honestly say they've never been convicted of anything and so forth
and so on.
I would then recommend that their attorneys submit to the
county attorney's office the bills and supporting documentation for
the bills, and let us look at those bills and make a recommendation to
this board as to the reasonable fee that we should approve, which
may be less than the numbers that are in here.
COMMISSIONER HENNING:
MR. PETTIT: Correct.
COMMISSIONER HENNING:
bring it back.
CHAIRMAN CARTER:
Pettit?
So we get another shot at it?
That would be my motion, to
Under the conditions outlined by Mr.
COMMISSIONER HENNING: Exactly.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN CARTER: I have a motion by Commissioner
Henning. I have a second by Commissioner Fiala. Any 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. Thank you.
MR. PETTIT: Let me add one other thing. These gentlemen
have not entered -- this agreement is available to them. They have
not entered into it, and I am not convinced that all three will, but
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certainly several of them were interested to know how this board
would treat a request for attorneys' fees if they do enter into the
agreement, and that's why this is here today.
CHAIRMAN CARTER: Thank you.
MR. PETTIT: Thank you.
Item # 15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN CARTER: Well, ladies and gentlemen, I think
that brings us down to staff and commission general communications.
Mr. Olliff, do you have anything for us?
MR. OLLIFF: I actually prepared some comments.
COMMISSIONER COLETTA: This is serious. When he's
behind the podium, he's really serious.
MR. OLLIFF: I think each of you have talked to me over the
course of the last week and some of you well before that in terms of
economic downturns in terms of what's going on with the state and
the state budget reviews and clearly in response to the most recent
election.
I think in response to these recent issues that have been
surrounding the county -- I think there are two things that we could
do. One, we could just go on about our business as usual or, two, we
could spend a little time to try to figure out exactly, one, what
messages the referenda decision sends to us, and perhaps more
importantly what messages, I believe, we need to recognize are not
sent by that decision and, thirdly, to try and decide how we're going
to respond.
I suggest the following that we did not hear from that referenda
decision: That solving the road problems are not important. I will
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tell you that from survey after survey after survey I continue to
believe that traffic and transportation-related issues continue to be the
most important thing to this community, and I don't believe we
should take that decision on that referenda question as any indication
that it's become less so in the public's mind.
Secondly, I don't believe that we heard that we need to slash the
entire road construction plan in terms of eliminating streetlights or
sidewalks or a number of the things that I think this board several
years ago committed to include as part of its standard road
construction plans. I don't believe that that was the message being
sent. Lastly, I also don't think, in fairness, that we heard from the
voters that they choose property taxes as the way to build our roads.
I don't think that was the message that was being sent either.
What I do think we heard was that although we may at the
county believe that we have gone a long, long way in improving the
public information, awareness, and participation in our government,
that it's obvious that we need to do a great deal more. I also believe
we heard that we need to keep this board's commitments to increase
and maintain impact fees as high as possible and perhaps more
importantly do a better job of keeping the public informed about what
we have already done with impact fees and what our plans are for the
upcoming year in terms of impact fees.
Even beyond impact fees, I believe we heard that we need to do
a better job of looking for areas where development can make other
contributions to our infrastructure needs such as interconnections,
service roads, public sidewalks, turn lanes, and the like. I believe we
heard that given the economic turndown, reductions in the state
budgets, expected reductions in tourist development tax revenues,
and from out of the half-penny referendum that, without pulling any
punches, the county needs to tighten its belt, make reductions in its
current budget, and put itself in a better position for not only what
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may come this year primarily from the state and state decisions, but I
think as good, prudent, forward-looking managers to put ourselves in
a better position for preparing next year's budget.
On an unrelated topic, I think as part of the fallout from the past
weeks we've heard that the indigent health-care plan needs to be re-
assessed. I think as part of what we bring back to you for your
consideration and based on the decisions made here just a few
minutes ago, that will be back on the table for you to discuss if and
how we continue to fund indigent health care.
And, finally, when it comes to road construction funding, I think
the message that we got was that we need to be creative; that we need
to look to fund the bondable sources of revenues that we have; that
we need to look to reduce the road plan where it is reasonable and
feasible; that we need to look to continue to pressure the state for
alternative funding sources, grants, indexing of local gas taxes, and
even statute changes that might provide tourist development tax
opportunities for road construction; and then and only then to look to
ad valorem taxes.
In conclusion, I think that this issue was not intended -- and I
want to be very, very clear here. This issue was not intended to split
or divide this community. If we did that in any way by the efforts of
our staff, I will apologize for that because that was not what was
intended. We believed we were carrying out the directions of this
board in trying to educate and inform the community about the issue
in front of it, and it was a very simple issue, how to pay for the road-
construction needs of this community. It was not intended in any
way to be a divisive issue for this community.
From this point I believe that we need to move forward and,
most importantly, we need to move forward with community support.
If ever there was a time -- and from the things that you heard Don
Hunter say and certainly the things that he has told you privately,
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there's never been a time when government needed community
support more than it does today. But I think we understand that
support must be earned, and it will only be received based on the
decisions that we collectively as the county government make from
this point forward.
And with that I know that some of you have indicated a desire to
have the staff bring back a number of issues at the next regular board
meeting agenda, and I'll leave that up to discussion for the board. But
I think it was important that we go through sort of a post-referenda
discussion about what we heard, what we didn't hear, and I think we
stand ready to be able to take some direction on what you would like
to see back from us in terms of budget issues, indigent health-care
issues, and road financing issues in the future.
CHAIRMAN CARTER: Thank you, Mr. Olliff. I think the
words were very well stated. They are a matter of public record. I
will do everything I can to get those exact statements out through
whatever means that we can so that the community clearly
understands what we're trying to do. And if by the next meeting you
can bring back a framework, I would entertain that as a
commissioner. ! do not want to rush to judgment. I don't know what
the final outcomes are going to be in some other areas, but I think a
good framework is important for this board and for each
commissioner, and most importantly it's important for the
community.
There were no bad people out here. People took a position.
They explained it. They debated it. I think it's time that we heal this
community, and if we don't start healing now, I don't know what's
going to happen, I really don't, because all of us are trying to get the
job done in the most effective, efficient way that we know how.
We are the guardian of the tax dollars. That's true. We also
have an obligation not to mortgage the future and not to postpone or
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to create crises after we're gone, but to have the political will to make
as body politics the decisions that carry this commission forward into
the 21st century. And if we can't do that -- you can change the
commissioners, but you're not going to change the issues or the
problems. They're going to be right here. It doesn't matter who sits
in these chairs. So it is our job to work as the county manager's
outlined to us to go forward.
And I'm proud of our employees, and I'm proud of the people
who are here, and I will say it again -- I have never served and
worked with a better group of managers than I have that have been
brought on board in the last two years with those who stayed and
worked through these processes. They are A-#1.
We're bringing in the top talent. And I'll never apologize for bringing
the best to any community, and I will never apologize by being at
market to be competitive in the marketplace to get the talent that we
need to serve this community. Commissioners --
COMMISSIONER COLETTA: I get to lead again. Thank you
for that. It's kind of hard to follow your speeches, Mr. Carter, but I
appreciate it, and I'll make a sincere effort. This weekend has not
been pleasant.
CHAIRMAN CARTER: No, sir.
COMMISSIONER COLETTA: I have never seen so many
cruel, sadistic people in my whole life. Thank God the ones that are
close to me and the ones in District 5 have maintained a very close
bond. They're still very friendly. They understand what's happening.
I feel sorry for you in some of your coastal districts and the
people that live in there and how they treat you and they treat me too.
To be called some of these names is just beyond comprehension. In
my whole life I have never endured such insults as I've endured this
past two weeks. You know, there's ways to do things, and there's
ways to not do them. I don't know how in the devil you ever instill
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into people how to be civil and how to make things happen the right
way. The threats that go on and continue to go on, I never realized
that it was -- that the job ever entailed this kind of torture,
confounded torture.
We're here for one reason, to serve the public good, and I
personally enjoy it. I enjoy every phone call I get. I enjoy taking on
problems. I enjoy going before groups. But I'm bound and
determined, and I'll make the commitment that as long as I'm
commissioner I'm going to make every effort to see that every road is
built in a reasonable period of time all through Collier County for all
the citizens in a way and shape and form that will impact them the
least.
I'm going to start by lobbying Tallahassee to see if I can get a
one-cent tourist tax added on to pay for their share of the roads. I'm
going to try a number of different things. I thought I was fully
scheduled before, but I'm going to make a bigger commitment to get
scheduled in the future to work smarter. I'm going to keep going
forward and go to civic associations, go to the chamber functions,
and go to everything that's out there just like I always have, and I'm
going to hold my head proud, up high, because I am proud of what
I'm doing, and if people find fault with some of my decisions, then so
be it.
My determination is to be a commissioner for three years --
three more years I've got, and that's fine. At the end of that time, if I
decide to run and if I'm elected again, that's fine. If I decide not to
run, that's also fine. And if I decide to run and I'm defeated, that will
be fine too. Meanwhile, I am going to go forward with determination
just to do the right thing. I know the rest of you are just as committed
as I am.
I want to keep in mind, though, that as we go into this there's
going to be forces out there trying to divide us to try to make us fight
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within or to be able to tear it apart, to tear the very fabric of this
county apart to satisfy their personal egos. We must remain strong to
make sure that we're doing the right thing. We must be very careful
of the taxpayers' money, as we have in the past, and even more so in
the future. I think I've said enough, to be honest with you, and my
wife's waiting for me for dinner.
CHAIRMAN CARTER: Yes, ma'am. Just in time. Thank you,
Commissioner.
COMMISSIONER COLETTA: Oh, I'm exhausted.
CHAIRMAN CARTER: She's got to change her paper.
COMMISSIONER COLETTA: I'm emotionally exhausted. I
feel like I've been dragged behind a pickup truck.
CHAIRMAN CARTER: Okay. We're ready to go forward.
Thank you, Commissioner.
COMMISSIONER FIALA: Just for the record, Jim said he's
emotionally exhausted, as I'm sure the rest of us are.
I can't say any more. You said it all. So I'll just plug on. I
wanted to -- Tom, I'm glad you gave your speech. As I mentioned
earlier in the day, I do want to readdress the budget. I thought that
we should wait until we hear back from the state on what they're
going to do to us -- not do to us, but what they're going to give us and
won't give us so that we can address it properly.
People have been -- these insulting, accusatory letters that we've
been getting, somehow they never took into consideration that when
the budget was established back in April none of this was going on.
We talked all through the summer. We had our budget workshops.
None of this was going on. This all happened September 1 lth. By
that time the budget was already up to the final approval, and we had
to have it in place by the 30th of September.
So my request to you is to wait to hear from the state and
certainly start unravelling some of these things and see where we can
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save some money. And by the way, this isn't for any of the insulting
people This is for those people that wrote very good letters, who
wrote constructive letters, and I was very proud to get some of them,
people who actually thoughtfully wrote, so there are still a few of
those in place, Jim. Thank heavens.
Also, I wanted to -- on another subject completely, I wanted to
ask that being that Pam Mac'Kie is gone and she was representing the
board on the CREW committee, I was wondering if I could do that.
CHAIRMAN CARTER: Yes, ma'am. You've taken the words
right out of my mouth. It's on my agenda that we do need a
commissioner to serve on CREW, and if you would like to do that,
Commissioner Fiala, Commissioner Mac'Kie and I did share that, and
I would be more than happy if you would put that in your portfolio.
COMMISSIONER FIALA: Thanks.
CHAIRMAN CARTER: It is important, and I know you'll do
an excellent job.
COMMISSIONER FIALA: I would like to do that. I don't
know where I start, but I'll look to Tom to lead me from there.
CHAIRMAN CARTER: Well, there's a file -- there's a number
of things. There's people who can bring you up to speed pretty quick.
It's a great organization, and thank you for volunteering.
COMMISSIONER FIALA: Do you know who suggested it? It
was Ray Judah. I went to lunch with Ray Judah the other day as we
try and work, you know, closer with Lee County, and he said that
Pam was on there.
CHAIRMAN CARTER: Right.
COMMISSIONER FIALA: And I said, "Wow, I would love to
do that." Thank you.
CHAIRMAN CARTER: And Ray has been very, very
supportive and worked on that for a number of years.
COMMISSIONER FIALA: Nice guy.
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CHAIRMAN CARTER: He's a good commissioner, and he's a
great representative for CREW.
COMMISSIONER FIALA: Thank you.
MR. OLLIFF: Mr. Chairman, because I think there's a seat for a
Collier County commission representative, you probably need to take
a motion on Commissioner Fiala.
COMMISSIONER FIALA: Oh.
CHAIRMAN CARTER: I would entertain a motion by the
board.
COMMISSIONER COLETTA:
COMMISSIONER HENNING:
I'll make that motion.
Second.
CHAIRMAN CARTER: I have a motion by Commissioner
Coletta and a 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 4-0. Thank you.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: Thank you very much.
COMMISSIONER FIALA: That's it.
CHAIRMAN CARTER: Okay. Commissioner Henning.
COMMISSIONER HENNING: Your assessment, Tom, I think
was right on. If I could just add, how we construct the roads is a lot
of heartburn for people out there. So if we can do things better -- and
I know we can with Norman Feder on board -- I know that -- I feel
that I did the right thing by telling the people why I supported it, the
funding source on that.
I know my wife still loves me through all of this. You know,
I'm concerned about my son and some of the -- how it has affected
him, but I'm sure he'll be fine.
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Anyway, today I want to apologize for a spinal alignment
problem today. I've had to get up a few times, and if it's affected
other things -- because of things in the Naples Daily News I want to
apologize to Jeff and some of the other people out there and also my
colleagues. I will get it fixed, but the important part is I had a lot of
fun in the process.
COMMISSIONER FIALA: I don't know what you're talking
about.
CHAIRMAN CARTER: I don't know either. You don't need to
apologize to me for anything, Commissioner Henning.
COMMISSIONER FIALA: Me neither. You were here all the
time.
COMMISSIONER COLETTA: I'll accept your apology.
CHAIRMAN CARTER: I knew he would.
The last item I have is I will be going to Orlando for the FAC
meeting, Florida Association of Counties meeting. We are going to
be looking at the legislative agenda. By Friday at noon we will have
made our decisions and recommendations to the Florida House and
Senate. I will keep you posted and advised of where we're going and
what takes place and what impact we might be able to make in that
situation.
I have an opportunity to address the EDC tomorrow night for a
few minutes at their annual leadership awards and changing of the
guard, and I look at that as a pleasure, a privilege, and an opportunity,
because one of the challenges we have as commissioners is we need
to go to the organizations around the community and let them know
that we in no way have given up, that we are not going to do anything
but what we've always done, and that is to do our best and provide
the best community leadership that we can from body politics and
encourage all organizations to stand up and do what they need to do
for the best interest of Collier County. I think that's part of our
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challenge.
We've got an excellent county staff, and we've got to do
everything we can to encourage them because, you know, if we take a
beating, they take a beating. Like you, Commissioner, there's been
some really ugly stuff out there and stuff that hurts me, hurts my
family. I have grandchildren, and the one is only old enough to begin
to grasp some of this, and it hurts because, you know, they didn't do
anything. All they've done is be a part of your family.
We signed on for it and, you know, we will listen. But when it
crosses the line and gets personal and ugly, that upsets me like it does
you. Again, you know, everybody has values and standards, and
they're great. But do you know the real test of your mettle is? Have
them challenged. Can you stick by your standards? Can you stick by
your values? Can you stick by what you believe in? That's the test.
What I'm seeing sitting here and with the commissioner joining us is
we have the values, we have the standards, and we've got the mettle.
We will stay the course because that is our job.
Any other comments from the commissioners?
COMMISSIONER FIALA: Just a fast one as long as you say
that. You know, you were saying about our community -- I have
been appalled myself at the people in our community. And I listened
to the president the other night on television talking about how
people across the U.S. Are united and how they're helping their
brothers and how people are pulling together, and this is something
that we all have to do, and then I see -- I don't know where our
community came from. What wandered down here? I was very
surprised. Anyway, I thought I would just add that.
CHAIRMAN CARTER: Well, thank you. If you saw 60
Minutes Sunday night, you saw what some wonderful people are
doing in New York.
COMMISSIONER FIALA: Yes.
Page 279
November 13,2001
CHAIRMAN CARTER: That's what it's all about. That's where
we need to go.
MR. OLLIFF: Mr. Chairman, one housekeeping note. It's just a
note for the board to remember that your next board meeting on the
27th is actually going to be a two-day set of meetings. The 27th is
going to be the regular board meeting. Because the issue with utility
impact fees in particular is expected to be fairly complicated, we've
moved that and cannibalized what was a workshop day on the 28th,
so we'll deal with that. In that afternoon, though, the board had
looked for an opportunity to be able to workshop without
presentation and to actually talk about some of the key issues that
were out there and had been on the table and just have that workshop
opportunity. And I'm going to ask that each of you prepare at least
two or three agenda topics that you would like to have covered as
part of that workshop, and we'll include it in sort of a discussion
workshop following the utilities impact fee item on the 28th.
COMMISSIONER FIALA: Everybody go to the Farm City
barbecue the day before Thanksgiving. CHAIRMAN CARTER: Right.
COMMISSIONER COLETTA: And don't forget Friday the
16th, this coming Friday, at Lake Trafford they're going to have the
Lake Trafford kickoff for the demucking of the lake.
CHAIRMAN CARTER: The demucking of the lake,
restoration, all those good things.
COMMISSIONER COLETTA: Jeb Bush is going to be there.
COMMISSIONER FIALA: Oh, really?
CHAIRMAN CARTER: All right. This meeting stands
adjourned. God bless this board. God bless America.
Page 280
November 13,2001
*****Commissioner Carter moved, seconded by Commissioner
Coletta, and carried 4/0, that the following items under the Consent
and Summary Agendas be approved and/or adopted: *****
Item #16Al
CARNIVAL PERMIT 2001-07 RE: CARNY-2001-AR-1673,
PASTOR ETTORE RUBIN, C.S., OF OUR LADY OF
GUADALUPE, REQUESTING A PERMIT TO CONDUCT A
CARNIVAL/FESTIVAL ON NOVEMBER 21 THROUGH 25,2001
ON THEIR PROPERTY LOCATED AT 207 SOUTH 9TM STREET
TO RAISE FUNDS FOR THE OPERATION OF THE CHURCH
AND COMMUNITY PROGRAMS IN IMMOKALEE
Item # 16A2
RESOLUTIONS 2001- 421 THROUGH 2001- 430 ENFORCING
LIENS ON PROPERTIES FOR CODE VIOLATIONS
Item #16A3
RULES AND REGULATIONS RELATING TO THE CODE
ENFORCEMENT BOARD
Item # 16A4
AGREEMENT WITH TASK FORCE FOR THE HOMELESS (DBA
ST. MATTHEW'S HOUSE) TO UNDERTAKE
INFRASTRUCTURE CONSTRUCTION TO SUPPORT FOUR (4)
SPECIAL NEEDS APARTMENT BUILDINGS USING $224,160
OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK
Page 281
November 13,2001
GRANT (CDBG) FUNDING, THE BOARD OF COUNTY
COMMISSIONERS APPROVED THIS PROJECT AS A PART OF
THE COUNTY'S CONSOLIDATED PLAN FY01-02 ONE-YEAR
ACTION PLAN ON MAY 8, 2001 - WITH CHANGE
Item # 16A5
AGREEMENT WITH COLLIER COUNTY HOUSING
AUTHORITY TO UNDERTAKE INFRASTRUCTURE
CONSTRUCTION TO SUPPORT 40 SINGLE FAMILY HOME
SITES IN IMMOKALEE USING $213,000 OF THE COUNTY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING, THE BOARD OF COUNTY COMMISSIONERS
APPROVED THIS PROJECT AS A PART OF THE COUNTY'S
CONSOLIDATED PLAN FY01-02 ONE-YEAR ACTION PLAN
ON MAY 8, 2001 - WITH CHANGE
Item #16A6
ASSIGNMENT AGREEMENT FOR EASEMENT FOR TIBURON
BOULEVARD EXTENSION
Item #16A7
EXECUTION OF MORTGAGES CONSENT AS SHOWN ON THE
PLAT FOR HABITAT VILLAGE
Item #16A8
ASSIGNMENT AGREEMENT FOR EASEMENT FOR ESCADA
AT TIBURON
Page 282
November 13,2001
Item # 16A9
ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN
MARSH, UNIT TWENTY-FIVE
Item #16Al0
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR OSPREY POINTE AT PELICAN MARSH,
UNIT SEVENTEEN- WITH UTILITIES PERFORMANCE
SECURITY TO BE RELEASED TO THE PROJECT ENGINEER
OR THE DEVELOPER'S DESIGNATED AGENT
Item #16Al 1
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS SERVING AS THE COMMUNITY
REDEVELOPMENT AGENCY DIRECT STAFF TO 1NITIATE
AMENDMENTS TO THE BAYSHORE DRIVE MIXED USE
ZONING OVERLAY TO FURTHER PROMOTE
REDEVELOPMENT IN THE AREA
Item #16A12
EXPANSION OF A FULL-TIME INVESTIGATOR FOR THE
IMMOKALEE AREA
Item #16A13
Page 283
November 13,2001
REQUEST FOR AND FUNDING OF AN ADMINISTRATIVE
ASSISTANT POSITION TO BOLSTER THE IMPACT FEE
ADMINISTRATION AND CASHIERING SECTIONS AT THE
COLLIER COUNTY DEVELOPMENT SERVICES CENTER
Item #16A14
FINAL PLAT OF "BERKSHIRE COMMONS PARCEL 1, 2, AND
3"- SUBJECT TO THE VEHICULAR ACCESS EASEMENT
BEING APPROVED AND RECORDED PRIOR TO THE
RECORDING OF THE PLAT - WITH STIPULATIONS
Item #16A15
AGREEMENT WITH LEE COUNTY ELECTRIC COOPERATIVE,
INC., TO UNDERTAKE INSTALLING APPROXIMATELY 40
STREETLIGHTS AND POLES IN LOCATIONS DESIGNATED
BY THE COLLIER COUNTY SHERIFF'S OFFICE AND AREA
TASK FORCE IN IMMOKALEE USING $48,000 OF THE
COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRAND
(CDBG) FUNDING; THE BOARD OF COUNTY
COMMISSIONERS APPROVED THIS PROJECT AS A PART OF
THE COUNTY'S CONSOLIDATED PLAN FY01-02 ONE-YEAR
ACTION PLAN ON MAY 8,2001 - WITH CHANGE
Item # 16B 1
AWARD A PROFESSIONAL ENGINEERING SERVICES
CONTRACT NO. 01-3216 TO WOODS HOLE GROUP FOR THE
DESIGN AND PERMITTING OF HALDEMAN CREEK BASIN
Page 284
November 13,2001
RESTORATION-COLLIER COUNTY PROJECT NO. 31011 - IN
THE AMOUNT OF $150,000
Item #16B2 - Moved to Item #1 OF
Item #16B3
REQUEST TO ASSIST THE CITY OF EVERGLADES CITY
WITH THE USE OF A JET-VAC AND A GUARDRAIL REPAIR-
PERSONNEL AND EQUIPMENT FOR BOTH TASKS (A ONE-
TIME ONLY REQUEST) ESTIMATED AT ABOUT $2,500
Item #16B4 - Moved to Item #10G
Item #16B5 - Moved to Item #10H
Item #16B6 - Deleted
WORK ORDER NO. BOC-FT-02-01 WITH BONNESS, INC., FOR
INTERSECTION IMPROVEMENTS ON PINE RIDGE ROAD,
PROJECT NO. 60049
Item #16B7
AWARD BID #01-3284 FOR CLAM BAY MAINTENANCE
DREDGING TO FLORIDA DREDGING AND DOCK, INC - IN
THE AMOUNT OF $157,250
Item # 16B8
Page 285
November 13,2001
PURCHASE OF TWO NEW VEHICLES FOR THE
TRANSPORTATION DIVISION FOR CAT SERVICES AND
APPROVE THE NECESSARY BUDGET AMENDMENTS - IN
THE AMOUNT OF $48,870.40
Item #16B9
RESOLUTION 2001-431 REQUESTING A LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE
FOR THE DEPARTMENT'S PARTICIPATION IN THE
COUNTYWIDE PAVED SHOULDERS PROJECT
Item # 16C 1
BUDGET AMENDMENT RECOGNIZING ADDITIONAL
CARRY FORWARD AND DECREASE RESERVES IN THE
NAPLES PRODUCTION PARK FUND
Item #16C2
CONTRACT HW484 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE
IN THE ENHANCED SMALL QUANTITY GENERATOR PILOT
PROGRAM- EFFECTIVE OCTOBER 1,2001 UNTIL JUNE 2,
2002
Item # 16C3
CERTIFY FINANCIAL RESPONSIBILITY FOR NORTH
COUNTY WATER RECLAMATION FACILITY DEEP
INJECTION WELLS, PROJECT 73948
Page 286
Item #16C4- Moved to Item #10I
November 13,2001
Item #16C5
RESOLUTION 2001-432/CWS 2001-03 AUTHORIZING THE
ACQUISITION BY GIFT OR PURCHASE OF NON-EXCLUSIVE
PERPETUAL UTILITY INTERESTS BY EASEMENT FOR THE
CONSTRUCTION OF PIPELINE AND WATER WELL SITES
REQUIRED FOR THE COLLIER COUNTY WATER-SEWER
DISTRICT GOLDEN GATE RELIABILITY EXPANSION,
PROJECT 70066- IN THE AMOUNT OF $15,980
Item # 16C6
ACCEPT UTILITY EASEMENTS FOR CONSTRUCTION OF A
RECLAIMED WATER MAIN ALONG VANDERBILT BEACH
ROAD BETWEEN AIRPORT-PULLING ROAD AND FUTURE
LIVINGSTON ROAD
Item #16C7
RESOLUTION 2001-433 APPROVING AN AGREEMENT FOR
THE EVEN EXCHANGE OF LAND BETWEEN COLLIER
COUNTY AND THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY
Item #16C8 - Continued
COMMITTEE SELECTION OF FIRM FOR CONTRACT #01-3283
"BEACH CLEANING EQUIPMENT"
Item # 16C9
Page 287
November 13,2001
BUDGET AMENDMENT FOR FUNDING OF LAKE TRAFFORD
RESTORATION
Item #16C 10 - Added
PAYMENT FOR EMERGENCY SEWAGE PUMPING DURING
THE CONNECTION OF A RELOCATED 24" WASTEWATER
FORCE MAIN ON U.S. 41, PROJECT 73045
Item #16D 1 - Moved to Item # 100
Item # 16D2
BUDGET AMENDMENT FOR SOUTH MARCO BEACH
ACCESS RESTROOM FACILITY
Item # 16D3
AMEND CONTRACT WITH RECREATIONAL FACILITIES OF
AMERICA AT TIGERTAIL BEACH- REDUCTION TO $500 PER
MONTH OR 12% OF GROSS, WHICHEVER IS GREATER
Item # 16D4
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
COPELAND BAPTIST MISSION FOR THE CONTINUED USE
OF PROPERTY FOR A NEIGHBORHOOD PARK
Item # 16E 1 - Moved to Item # 10J
Item #16E2
APPOINT AMERICAN LAFRANCE MEDICMASTER
CORPORATION AS THE VENDOR TO REFURBISH
AMBULANCES TO MEET NEW STATE AMBIENT AIR AND
Page 288
November 13,2001
DRUG TEMPERATURE CONTROL REQUIREMENTS, ADD
SAFETY AND PATIENT COMFORT FEATURES AND
PERFORM PAINT AND BODY WORK- IN THE AMOUNT OF
$280,000 ($40,000 FOR EACH AMBULANCE)
Item # 16E3
PURCHASE FIVE (5) MEDIUM-DUTY ADVANCED LIFE
SUPPORT "MEDICMASTER" AMBULANCES FROM
AMERICAN LAFRANCE CORPORATION USING FLORIDA
SHERIFF'S ASSOCIATION AND FLORIDA ASSOCIATION OF
COUNTIES BID 01-09-0905, AND APPROVE BUDGET
AMENDMENT TO COVER PRICE INCREASE OF
AMBULANCES - IN THE AMOUNT OF $685,065 ($137,013 FOR
EACH AMBULANCE)
Item # 16E4
AWARD RFP 01-3267 TO COMPLETE SIGNAGE SERVICES
FOR COLLIER COUNTY, COVERING OUTDOOR
BUILDING/PARK SIGNS, SPECIAL EVENT BANNERS,
INDOOR/OUTDOOR PLAQUES, DOOR SIGNS AND
MISCELLANEOUS SANDBLASTED SIGNS - AWARDED TO
SIGNCRAFT OF NAPLES, INC., SIGN-A-RAMA, INC., AND
LYKINS SIGNTEK AS SPECIFIED IN THE EXECUTIVE
SUMMARY
Item # 16E5
AMENDMENT #1 TO CONTRACT 00-3038 - DISASTER
RECOVERY SERVICES - WITH PHILLIPS & JORDAN, INC.,
TO INCLUDE UPDATE CONTRACT PRICING
Item # 16E6
Page 289
November 13,2001
RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS TO WAIVE FORMAL COMPETITION AND
ALLOW DEPARTMENTS TO PURCHASE BUILDING
MATERIALS AND LUMBER-FROM COLLIER COUNTY
VENDORS BY OBTAINING THREE (3) QUOTES
Item # 16E7
RE-APPROPRIATE $6,350 PREVIOUSLY APPROVED IN
FISCAL YEAR 00-01 FROM THE GAC LAND TRUST TO
ALLOW THE GOLDEN GATE FIRE CONTROL AND RESCUE
DISTRICT TO PURCHASE MISCELLANEOUS EQUIPMENT
FOR THE COMMUNITY EMERGENCY RESPONSE TEAM
(C.E.R.T.) PROGRAM
Item #16E8 - Moved to Item #1 OK
Item #16E9
AMENDMENT NO. 4 FOR ARCHITECTURAL SERVICES FOR
THE DESIGN OF THE EXPANSION AND RENOVATION OF
THE NAPLES JAIL CENTER, RFP #98-2867 - TO AEC
NATIONAL IN THE AMOUNT OF $1,641,035
Item # 16E 10
APPROPRIATE $50,000 FROM GENERAL FUND RESERVES
FOR PROFESSIONAL LOBBYIST SERVICES- AS OUTLINED
IN THE EXECUTIVE SUMMARY
Item #16E 11 - Moved to Item #10L
Item # 16F 1
Page 290
November 13,2001
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR THE COLLIER COUNTY EMERGENCY MEDICAL
DEPARTMENT
Item # 16F2
EXECUTE THE STATE OF FLORIDA EMS MATCHING GRANT
APPLICATIONS - AS OUTLINED IN THE EXECUTIVE
SUMMARY
Item # 16F3 - Moved to Item #1 OM
Item # 16F4 - Deleted
Item # 16F5
RESOLUTION 2001-434 AUTHORIZING LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND NEXTEL CORPORATION
FOR THE INSTALLATION OF A COMMUNICATIONS TOWER
AT EMS STATION 17 ON GOLDEN GATE BOULEVARD
Item #16F6
1NTERLOCAL AGREEMENT-MOU BETWEEN COLLIER
COUNTY AND THE EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT
Item #16F7 - Moved to Item # 1 ON
Item #16F8
PURCHASE EQUIPMENT NECESSARY TO CONVERT A 5 TON
MACK TRUCK TO A FIRE SERVICE BRUSH TRUCK,
DESIGNATE ELITE FIRE AND SAFETY EQUIPMENT INC. AS
SOLE SOURCE VENDOR, AND APPROVE BUDGET
Page 291
November 13,2001
AMENDMENTS TO TRANSFER AND APPROPRIATE FUNDS
FROM RESERVES FOR CONTINGENCIES - WAIVE THE
FORMAL BID PROCESS; IN THE AMOUNT OF $30,000
Item # 16F9 - Added
LEASE PURCHASE AGREEMENT BETWEEN COLLIER
COUNTY, FLORIDA AND FORD MOTOR CREDIT COMPANY
FOR THE PURCHASE OF A 2001 FORD EXPEDITION BY THE
OCHOPEE FIRE CONTROL DISTRICT
Item # 16G 1
BUDGET AMENDMENT REPORT- BUDGET AMENDMENTS
#02-034; #02-035; #02-049; #02-050
Item #16H1 - Moved to Item #1 lA
Item # 1611
RESOLUTION 2001-435 APPOINTING TEN (10) MEMBERS TO
THE WORKFORCE HOUSING ADVISORY COMMITTEE-
MEMBERS NAMES LISTED IN THE EXECUTIVE SUMMARY
Item # 1612
REQUEST FOR PAYMENT TO ATTEND FUNCTION SERVING
A VALID PUBLIC PURPOSE- CHAIRMAN JAMES D.
CARTER, PH.D. TO ATTEND THE ECONOMIC
DEVELOPMENT COUNCIL OF COLLIER COUNTY ON
NOVEMBER 14, 2001 AT THE NAPLES RITZ-CARLTON FOR
$125
Item # 16J
Page 292
November 13,2001
MISCELLANEOUS CORRESPONDENCE- FILED AND/OR
REFERRED
The following miscellaneous correspondence has been filed
and/or referred to the various departments as indicated:
Page 293
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
FOR BOARD ACTION:
1.
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 92-9232-MMA; 92-10312-
MMA; 94-1412-CFA; 96-978-CFA; 96-1045-CFA; 97-1448-CFA; 97-1630-CFA
RECOMMEND APPROVAL.-
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
mo
Bo
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. October 3 2001- October 9, 2001
2. October 11, 2001- October 15, 2001
3. October 17, 2001 - October 23, 2001.
Districts:
Ochopee Fire Control District Advisory Board Meeting - Minutes for
April 2, 2001.
Collier Soil and Water Conservation District - Agenda for October 17,
2001, Minutes of September 19, 2001, District Map, List of Current
Board Members, Description o f Outstanding Bonds, Schedule of Regular
Meetings, Proposed Budget for 2001-2002, Public Facilities Report and
Copy of Special District Update Form.
o
Big Cypress Basin Board of the South Florida Water Management District
- Agenda for Friday November 2, 2001.
Golden Gate Fire Control & Rescue District - Description of Outstanding
Bonds, Budget for FY 2001-2002, Registered Office Agent, Special
District Update Form, District Map and Schedule of Regular Meeting FY
2001-2002.
o
Immokalee Water and Sewer District - Agenda for October 4, 2001,
Minutes of October 17, 2001, November 21,2001, December 19, 2001,
January 16, 2002, February 20, 2002, March 20, 2002, April 17, 2002,
May 15, 2002, June 19, 2002, July 17, 2002, August 21, 2002, and August
18, 2002.
H:Data/Format
o
10.
11.
12.
13.
14.
15.
16.
Immokalee Fire Control District- Notice of Schedule of Regular
Meetings, Final Budget for FY 2001-2002.
Pelican March Community Development District - Schedule of Regular
Meeting FY 2002 - October 17, 2001, November 21, 2001, December 19,
2001, January 16, 2002, February 20, 2002, March 20, 2002, April 17,
2002, May 15, 2002, June 19, 2002, July 17, 2002, August 21, 2002 and
September 18, 2002, Special District Update Form, Registered Agent &
Office.
Key Marco Community Development District - District Map and Public
Facilities Report
Big Corkscrew Island Fire Control and Rescue District - Management
Letter of Rebuttal, District Map, Registered Agent and Office, Description
of Outstanding Bonds, Schedule of Regular Meeting FY 2001-2002,
Annual Financial Report FY 1999-2000, Audited Financial Statements
dated September 30, 2001 and Rebuttal to Management Letter.
Naples Heritage Community Development District - Schedule for Regular
Meetings FY 2002, District Map, Annual Audit - FY 2000, Management
Letter, Rebuttal to Management Letter.
Heritage Greens Community Development District - annual Audit -FY
2000, Management Letter, Rebuttal to Management Letter and Public
Facilities Report
East Naples Fire Control and Rescue District - 2001-2002 Budget, 2001-
2002 Regular Meeting/Workshop Schedule, District Map and Registered
Office and Agent.
Port of the Islands Community Improvement District - Annual Financial
Report FY 2000, Annual Audit FY 2000, Management Letter, FY 2001
Budget, Current Fiscal year Budget 2002, District Map, Registered Office
and Agent List, Schedule of Regular Meetings, Public Facilities Report
and Description of Outstanding Bonds.
Lely Community Development District - FY Budget 2001, Current FY
Budget for 2002, Registered Office and Agent, Public Facilities Report
Bonds and Rebuttal to Management Letter/Audit.
Fiddlers Creek Community Development District - Special District
Update Form, Operation Budget FY 200 I, Operation Budget FY 2002,
Annual Audit - dated September 30, 2000 and Rebuttal to Management
Letter.
North Naples Fire Control and Rescue District - Operating Budget FY
2000-2001, Operating Budget FY 2001-2002, Financial Report for Fiscal
H:Data/Format
Year 1999-2000, Audit, Management Letter, Rebuttal to Management
Letter.
17.
Mediterra South Community Development District- Minutes of the June
27, 2001 Meeting, District Map, FY 2002 Budget, Description of
Outstanding Bonds, Audited Financial Statements dated September 30,
2000, Management letter and Rebuttal to Management Letter.
Minutes:
Rural Fringe Assessment Area Oversight Committee - Agenda for
October 24, 2001, Minutes of October 10, 2001, Agenda for October 10,
2001, Minutes of September 26, 2001, Minutes of September 12, 2001
a)
Growth Sub-Committee - Meeting Minutes of September 12,
2001
Rural Lands Area Assessment Oversight Committee - Agenda for
October 22, 2001, Minutes of October 15,2001, Agenda for February 26,
2001
Productivity Committee - Agenda for June 20, 2001; July 18, 2001,
August 15, 2001 and September 20, 2001, October 24, 2001; Minutes of
May 16, 2001, June 20, 2001, July 18, 2001, August 15, 2001 and
September 19, 2001.
a)
Airport Authority Financial Management and Compliance Review
Subcommittee - Minutes of May 24, 2001, May 30, 2001 and
June 12, 2001.
Immokalee Local Redevelopment Advisory Board Meeting - Agenda for
October 25, 2001, Minutes of September 20, 2001.
Golden Gate Area Master Plan Restudy Committee -Agenda of October
24, 2001 and September 26, 2001.
Parks and Recreation Advisory Board Meeting - Agenda for September
19, 2001, Minutes of August 15, 2001
Collier County Planning Commission - Agenda for October 4, 2001,
Agenda for November 1, 2001.
Pelican Bay MSTBU Advisory Committee - Agenda for October 3, 2001,
Agenda for October 18, 2001, November 7, 2001, Minutes of September
27, 2001, Minutes of September 5, 2001, Minutes of Pelican Bay Service
Division Budget Heating of September 12, 2001 Minutes of October 3,
2001.
H:Data/Format
10.
11.
12.
13.
14.
15.
16.
17.
18.
Other:
1)
2)
3)
Clam Bay Sub-committee Agenda and Minutes of September 12,
2001.
b)
Organization Structure Review Sub-Committee Meeting Minutes -
October 18, 2001,
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Minutes of August 9, 2001, Minutes of July 17, 2001.
Hispanic Affairs Advisory Board - Minutes of July 26, 2001.
Immokalee Beautification M.S.T.U. Advisory Committee - Minutes of
September 19, 2001.
Collier County CDBG Citizen Advisory Task Force - Agenda for
September 27, 2001, Minutes of April 26, 2001.
Radio Road Beautification M.S.T.U. Advisory Committee - Agenda of
August 20, 2001.
Golden Gate Beautification Advisory Committee - Agenda for October 9,
2001, Minutes of September 11, 2001.
Collier County Library Advisory Board - Agenda for October 3,2001.
Forest Lakes Roadway and Drainage M.S.T.U. - Meeting for October 19,
2001 cancelled.
Bayshore/Gateway Triangle Local Development Advisory Board -
Agenda for November 8, 2001, Minutes of October 11, 2001
Workforce Housing Advisory Committee - Agenda for November 26,
2001.
Letter from Guy L. Carlton, dated October 12, 2001, Collier County Tax
Collector - Amendment to the FY 2001-2002 Budget.
Letter from Guy L. Carlton, dated October 24, 2001, Collier County Tax
Collector- Amendment to the FY 2001-2002 Budget.
Letter from Guy L. Carlton, dated November 1, 2001, Collier County Tax
Collector - Amendment to the FY 2001-2002 Budget.
H:Data/Fomat
November 13,2001
Item # 16J 1
SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC
DEFENDER
Item # 16K1
ELECT TO INCLUDE A FINANCIAL AUDIT OF THE BOARD
AGENCY IN THE COUNTY'S COMPREHENSIVE ANNUAL
FINANCIAL REPORT AS IS REQUIRED OF EACH OF THE
CONSTITUTIONAL OFFICERS
Item # 16K2
BUDGET AMENDMENT APPROPRIATING CARRYFORWARD
AND EXPENDITURE BUDGETS FOR OPEN PURCHASE
ORDERS AT THE END OF FISCAL YEAR 2001
Item #16K3
ENDORSE THE UNITED STATES DEPARTMENT OF
JUSTICE/DEPARTMENT OF TREASURY FEDERAL
EQUITABLE SHARING ANNUAL CERTIFICATION REPORT
Item # 16K4
AUTHORIZATION AND EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MOBILE DATA INFRASTRUCTURE FOR
IMPLEMENTATION OF THE MOBILE DATA PROJECT-
MOTOROLA HAS BEEN SELECTED TO CREATE THE
INFRASTRUCTURE AT A COST OF $1,503,984
Item # 16L 1
Page 294
November 13,2001
RESOLUTION 2001-436 THROUGH RESOLUTION 2001-438
AUTHORIZING THE HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY TO ISSUE MULTI-FAMILY HOUSING
REVENUE BONDS TO BE USED TO FINANCE QUALIFYING
APARTMENT PROJECTS
Item # 16L2
RESOLUTION 2001-439 AUTHORIZING THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY ISSUE MULTI-
FAMILY HOUSING REVENUE BONDS TO BE USED TO
FINANCE THE ACQUISITION OF THE GOODLETTE ARMS
APARTMENTS BY A NON-PROFIT CORPORATION
Item # 16L3
STIPULATED FINAL JUDGMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCELS 247 AND 247T IN
THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY BARRY
ET AL, (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) -
STAFF TO DEPOSIT $9,200.90 INTO THE REGISTRY OF THE
COURT
Item # 16L4
AGREED ORDER AWARDING EXPERT FEES AND COSTS
RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL
30T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN
B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST
DATED JUNE 5, 1986, ETAL, CASE NO. 99-3040-CA
(LIVINGSTON ROAD, PROJECT NO. 65041) - STAFF TO
DEPOSIT $12,192.50 INTO THE REGISTRY OF THE COURT
Item # 16L5
Page 295
November 13,2001
AUTHORIZING THE EXPERT FEES ASSOCIATED WITH THE
ACQUISITION OF PARCELS 703A, 803A, & 803B IN THE
LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN
AMERICAN CLUB, INC., ET AL, CASE NO. 98-1672-CA-01
(AIRPORT ROAD SIX-LANING PROJECT FROM PINE RIDGE
ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 62031)
- STAFF TO DEPOSIT $2,248.08 INTO THE REGISTRY OF THE
COURT
Item # 17A
ORDINANCE 2001-61 RE: PETITION PUDZ-2001-AR-620,
ANITA L. JENKINS, AICP, OF WILSON MILLER INC.,
REPRESENTING LONGBAY PARTNERS, L.L.C., REQUESTING
A REZONE FROM "A" RURAL AGRICULTURAL AND "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
MEDITERRA HAVING THE EFFECT OF INCREASING
ACREAGE FROM 954+ ACRES TO 1168+ ACRES, 0.64 UNITS
PER ACRE, FOR PROPERTY LOCATED APPROXIMATELY
ONE MILE WEST OF 1-75 ALONG THE NORTH SIDE OF THE
LIVINGSTON ROAD EAST/WEST CORRIDOR IN SECTIONS 11
AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA- WITH STAFF'S STIPULATIONS
Item #17B
ORDINANCE 2001-62 RE: PETITION RZ-2001-AR-1050, GREG
JEPPESEN, P.E., OF JEPPESEN ENGINEERING
CORPORATION, REPRESENTING MICHAEL G. IACONELLI
AND JOAN IACONELLI, REQUESTING A REZONE FROM "C-
4" TO "C-4" TO REMOVE A RESTRICTION FOR ACCESS FOR
PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 EAST,
Page 296
November 13,2001
BETWEEN MARTIN STREET AND BROWARD STREET,
FURTHER DESCRIBED AS THE SOUTH ½ OF LOT 5, AND
LOT 6, BLOCK 1, NAPLES MANOR LAKES, IN SECTION 29,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 0.85 ACRES+
Item #17C
RESOLUTION 2001-440 RE: PETITION VA-200 I-AR- 1311,
JOHN ENLOW REPRESENTING ADAM HUBSCHMAN
REQUESTING A ONE-FOOT AFTER-THE-FACT VARIANCE
FROM THE REQUIRED SIDE YARD SETBACK OF 7.5 FEET TO
6.5 FEET FOR THE EAST SIDE AND A 0.4 FOOT AFTER-THE-
FACT VARIANCE FROM THE REQUIRED SIDE YARD
SETBACK OF 7.5 FEET TO 7.1 FEET FOR THE WEST SIDE OF
A SINGLE-FAMILY RESIDENCE FOR A PROPERTY LOCATED
AT 1097 FRANK WHITEMAN BOULEVARD AND IS FURTHER
DESCRIBED AS LOT 9, BLOCK "C", NORTH NAPLES
HIGHLANDS, COLLIER COUNTY, FLORIDA
Item # 17D
RESOLUTION 2001- 441 RE: PETITION CU-2001-AR-990,
ROBERT L. DUANE, HOLE MONTES, INC., REPRESENTING
BIG CORKSCREW ISLAND FIRE CONTROL DISTRICT
REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR
A FIRE SECTION ON A PARCEL OF LAND ZONED "E"
ESTATES DISTRICT, THE SUBJECT PROPERTY IS LOCATED
AT THE INTERSECTION OF IMMOKALEE ROAD AND
EVERGLADES BOULEVARD AND IS FURTHER DESCRIBED
AS TRACT 129, GOLDEN GATE ESTATES UNIT 47, THIS
PARCEL CONSISTS OF APPROXIMATELY 4.7 ACRES
Page 297
November 13,2001
Item # 17E
ORDINANCE 2001- 63 APPROVING A SCRIVENER'S ERROR
ORDINANCE TO CORRECT ORDINANCE NO. 2001-54,
AMENDMENTS TO THE CONSOLIDATED IMPACT FEE
ORDINANCE
Item # 17F
ORDINANCE 2001- 64 AMENDING THE STATE HOUSING
INITIATIVES PARTNERSHIP (S.H.I.P.) DOWN PAYMENT
CLOSING COST ASSISTANCE PROGRAM FOR FIRST-TIME
HOMEBUYERS
Item #17G-Continued to November 27, 2001
PETITION RZ-2001-AR-1208, WILLIAM L. HOOVER, AICP, OF
HOOVER PLANNING AND DEVELOPMENT, INC.
REPRESENTING LARRY J. AND MARCY A. GODE
REQUESTING A REZONE FROM ITS CURRENT ZONING
CLASSIFICATION OF "C-3" COMMERCIAL INTERMEDIATE
ZONING DISTRICT TO "RMF-6" RESIDENTIAL MULTI-
FAMILY DISTRICT FOR A PROPERTY LOCATED ON THE
NORTH SIDE OF 109TM AVENUE NORTH APPROXIMATELY
275 FEET WEST OF TAMIAMI TRAIL NORTH AND IS
FURTHER DESCRIBED AS LOT 9, BLOCK 2, NAPLES PARK
UNIT 1, SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 6750
SQUARE FEET
Item #17H- Continued to November 27, 2001
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
Page 298
November 13,2001
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
Page 299
November 13,2001
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:25 p.m.
ATTE84:,::..-:.L._ "~.. ~-
DWIG!'t~;E?'BR.O. CK, CLERK
nese mlnutel approved by the Board on /
Presented /4/
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
JAMES'. C'ARTER, PN.--~, CHAIRMAN
or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT
REPORTING, INC. BY CAROLYN FORD, BARBARA
DONOVAN, and MARGARET SMITH
Page 300