BCC Minutes 01/08/2002 R January 8, 2002
TRANSCRIPT OF THE REGULAR MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
NAPLES, FLORIDA, JANUARY 8, 2002
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 9:02 a.m. in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
OUTGOING CHAIRMAN: JAMES D. CARTER, PH.D
INCUMBENT CHAIRMAN: JIM COLETTA
DONNA FIALA
TOM HENNING
FRED COYLE
ALSO PRESENT: TOM OLLIFF, County Manager
LEO OCHS, Assistant County Manager
DAVID WEIGEL, County Attorney
JIM MUDD, Public Utilities Administrator
SUE FILSON, BCC Administration
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
January 8, 2002
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
January 8, 2002
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Mary Anne Domer, Church of the Resurrection
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary
agenda.)
B. November 27, 2001 - Regular Meeting
C. November 28, 2001 - Special Meeting
D. November 30, 2001 - Special Meeting
E. November 30, 2001 - Workshop
F. December 3,2001 - Workshop
G. December 5,2001 - Workshop
II. December 7, 2001 - Special Meeting
I. December 11,2001 - Regular Meeting
J. December 18,2001 - Special Meeting
K. December 19, 2001 - Special Meeting
3. PROCLAMATIONS
A. Proclamation for Purple Martin Week. To be accepted by Carter Smith.
B. Proclamation for Children's Day in Collier County. To be accepted by Joe
Paterno.
C. Proclamation for Dr. Martin Luther King, Jr's. Birthday Celebration. To be
accepted by Laverne Franklin, Rufus Watson and Irene Williams.
4. SERVICE AWARDS
2
January 8, 2002
e
e
Five-Year Attendees:
1) Patricia Rosen, Parks and Recreation
2) Annette Velasco, Parks and Recreation
3) Linda Hatke, Public Utilities Engineering
Ten-Year Attendees:
4) Bobby Allen, Parks and Recreation
Fifteen-Year Attendees:
5) Steven Epright, Emergency Medical Services
PRESENTATIONS
A. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
B. Request by the Conservancy of Collier County for the Board to consider a
resolution supporting the Florida Forever Program funding.
BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. VA-2001-AR-1207,
Doug Schroeder, representing Cocohatchee Nature Center requesting a 30-
foot variance from the required 30-foot rear yard to 0 feet; and a 5-foot
variance in the width of the Landscape Buffer adjacent to Tamiami Trail
North from the required 15-feet to 10-feet for property located at 12345
Tamiami Trail North, further described as Section 21, Township 48 South,
Range 25 East, Collier County, Florida.
B. THIS ITEM WAS CONTINUED FROM THE DECEMBER 11, 2001
BCC MEETING. This item requires that all participants be sworn in and
ex parte disclosure be provided by Commission members. VA-2001-AR-
1166, Avi Baron, PLS, representing Montclair Fairway Estate Building
3
danuar¥ 8, 2002
10.
Corporation, requesting an after-the-fact variance of 2.3 feet from the
required 5 feet to 2.7 feet for property located on 797 Provincetown Drive,
further described as Lot 29, Montclair Park North, in Section 5, Township
50 South, Range 26 East, Collier County, Florida.
ADVERTISED PUBLIC HEARINGS
BOARD OF COUNTY COMMISSIONERS
Appointment of members to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Discussion regarding approved PUD's with agricultural exemptions.
(Commissioner Henning)
C. Appointment of member to the Hispanic Affairs Advisory Board.
D. Appointment of members to the Pelican Bay MSTBU Advisory Committee.
COUNTY MANAGER'S REPORT
Discussion regarding Green Space Committee. (Thomas W. Olliff, County
Manager)
Authorization to draft, advertise, and bring to the Board for Public Hearing
an Ordinance to amend the Consolidated Impact Fee Ordinance to provide a
limited window for after-the-fact applications for the existing $7,500 Impact
Fee Waivers applicable to specified entities that are exempt from payment of
Federal Income Taxes, and subject to adoption of the proposed amending
ordinance, to present to the Board two already received applications for
these Impact Fee Waivers. (John Dunnuck, Interim Administrator,
Community Development)
Ce
Request to approve for recording the final plat of"Olde Cypress Tract 12".
(John Dunnuck, Interim Administrator, Community Development)
D. This item has been deleted.
E. This item has been deleted.
4
January 8, 2002
11.
12.
13.
14.
15.
Approve an Interlocal Agreement for First Responder Training between
Collier County and the Immokalee Fire Control District. (Tom Storrar,
Administrator, Emergency Services)
THIS ITEM TO BE HEARD AT 10:00 A.M. Presentation regarding the
results of the special legislative session and upcoming 2002 regular
legislative session. (Leo E. Ochs, Jr., Assistant County Manager)
He
Recommendation that the Board of County Commissioners authorize staff to
prepare a Scope of Services and issue a request for proposal for the
development of the Naples Park Community Plan. (John Dunnuck, Interim
Administrator, Community Development)
AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
FUTURE AGENDAS
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Ae
Announcement of a scheduled public hearing of The Florida Department of
Agriculture and Consumer Services, Division of Forestry (DOF) and the
Okaloacoochee Slough State Forest Management Plan Advisory Group to be
held Tuesday, January 29, 2002
16.
CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Recommendation that the Community Redevelopment Agency direct
staff to submit a Community Development Block Grant (CDBG)
Application for a drainage project on Linwood Avenue in the
danuar¥ 8, 2002
2)
3)
4)
5)
6)
7)
8)
Bayshore/Gateway Triangle Component Redevelopment Area to
further promote redevelopment; find that project complies with the
Collier County Growth Management Plan and the Collier County
Redevelopment Plan; authorize CRA Chairman to sign application
and letter certifying that the project will meet a national objective and
that the CRA has the capacity and resources in place to undertake this
project.
Request to approve for recording the final plat of "Willoughby Pines
Replat" and approval of the standard form construction and
maintenance agreement and approval of the amount of the
performance security.
Final acceptance of water and sewer utility facilities for Arbor Lakes
at Naples Heritage.
Final acceptance of water utility facilities for Ibis Club Apartments.
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Timarron Unit Two".
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Arielle (Phase Two)".
Recommendation that the Community Redevelopment Agency direct
staff to submit a Community Development Block Grant (CDBG)
application for a neighborhood revitalization street-lighting project in
weed and seed target area of the Immokalee Component
Redevelopment; find that project complies with the Collier County
Growth Management Plan and the Collier County Redevelopment
Plan; authorize CRA Chairman to sign application and letter
certifying that the project will meet a national objective and that the
CRA has the capacity and resources in place to undertake the project.
Adopt a Resolution approving and ratifying filing of appeal and
designation of local official regarding flood insurance study maps
proposed by the Federal Emergency Management Agency for Collier
County, Florida.
6
January 8, 2002
9)
10)
Approve Committee Selection of firm for contract negotiations for
RFP 02-3317 "Consultant Services for Impact Fee Update Studies".
Carny-2001-AR-1852, Duane Wheeler, Carnival Chairman, Rotary
Club of Immokalee, requesting a permit to conduct a carnival at the
Immokalee Regional Airport January 17th through January 20th, 2002.
Be
TRANSPORTATION SERVICES
1)
Approve Developer Contribution Agreement with DiVosta Building
Corporation and IslandWalk Development Company for Road Impact
Fee Credits subject to developer complying with all conditions of the
agreement imposed by the County.
2)
Recommendation to approve Bid #01-3277 "Mowing of grassed or
vegetated areas", and direct staff to award contract to Southern
Services of LaBelle Incorporated at an estimated annual cost of
$103,000.
3)
Approve Amendment No. 1 to Work Order No. ABB-FT-01-02 with
Agnoli, Barber and Brundage, Inc., for the preparation of contract
documents for intersection improvements at Radio Road and Davis
Boulevard (S.R. 84), Project No. 65031, CIE #16 in the amount of
$57,610.
4)
Approve a Budget Amendment recognizing carry forward for the
Tropicana Boulevard project in the amount of $12,340 from FY 01 in
the Golden Gate Municipal Services Taxing Unit (MSTU) Fund 136.
5)
Approve the expenditure of funds for the purchase of right-of-way for
the construction and maintenance of roadway, drainage and utility
improvements for Phase Two of the Immokalee Road four-laning
project from Rivers Road to just West of Wilson Boulevard, Project
No. 60018 in the amount of $1,097,154.
PUBLIC UTILITIES
1) Approve Budget Amendment to re-appropriate funds for the North
County Water Reclamation Facility flow equalization tanks, Project
7
January 8, 2002
Eo
73077, in the re-appropriated amount of $2,500,000.
2) Award Bid #01-3301 for the purchase of a roll-off truck to RDK
Truck in the amount of $81,246.00.
3) Award RFP #01-3729 for corrosion inhibitor product and services at
an estimated cost of $100,000.
4) This item has been deleted.
5) Approve Binding Agreement with Florida Department of
Environmental Protection related to reclaimed water storage ponds at
Eagle Lakes Park.
6) Request Board of County Commissioners to waive purchasing policy
and authorize work orders in excess of threshold and to waive annual
threshold for Contract #00-3046, "Solid Waste Characterization and
Program Analysis".
7) Approve $165,000 Budget Amendment and award Bid 02-3322 for
Wiggins Pass Maintenance Dredging.
PUBLIC SERVICES
1) Approve the renewal and amendment of Contract #96-2489 "Tennis
Facility and Operations" with Lewis Tennis Inc., for the Pelican Bay
Tennis Facility.
2) Approve Budget Amendment recognizing $2,000 revenue from a
donation for a memorial bench.
3) Approval of additions to agreements between Data Research
Associates Inc. and Collier County Board of County Commissioners
for Public Library Internet Services.
ADMINISTRATIVE SERVICES
1) Approve Budget Amendments transferring funds within 301 projects
for required air conditioning repair and replacement at the Sheriff's
North Horseshoe Drive Operations Facility ($74,900) and to finish the
8
January 8, 2002
Ge
He
Ke
new Golden Gate Sheriff's Substation ($219,000).
2) Approve shortlist of firms for Contract 01-3290 "Fixed Term
Professional Engineering Services".
3) Approve shortlist of firms for Contract 01-3292 "Fixed Term
Professional Structural Engineering Services".
EMERGENCY SERVICES
1) Award Bid No. 01-3262 for the purchase of personal protective
equipment for the Emergency Medical Services Department to
Municipal Equipment, Ten 8-Fire Equipment, Elite Fire and Safety
Equipment and Bennett Fire Products in the amount of $37,335.
2) A request to obtain Community Specific Training in the Integrated
Emergency Management Course at the National Emergency Training
Center.
COUNTY MANAGER
1) Approval of Budget Amendment Report - Budget Amendment #02-
085; #02-090.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to be filed for record with action as directed
OTHER CONSTITUTIONAL OFFICERS
1) That the Board of County Commissioners amend the spending plans
associated with the Office of State Court Administration Grant-in-Aid
Agreements for the Years 1999, 2000, 2001, and 2002, authorize the
Clerk to recognize grant proceeds into the General Fund, authorize the
Clerk to return unjustified grant proceeds to OSCA, and authorize the
sworn statement attesting to compliance with the Fiscal Year 1999
January 8, 2002
te
2)
Grant-in-Aid Agreement.
Authorize the Board's Chairman to sign on the Board's behalf an
agreement between the Sheriff's Office and the Quail Creek Owner's
Office to enforce traffic laws over private roads within the Quail
Creek Estates Subdivision in Collier County.
3)
State Criminal Alien Assistance Program (SCAAP) 2002 Delegation
Letter.
4) Authorization to prepare an Ordinance for Teen Court Funding.
5)
Obtain approval for the payment and budget amendments related to
Rebatable Arbitrage on the Special Obligation Refunding Revenue
Bonds, Series 1997 and the Florida Local Government Finance
Commission Pooled Commercial Paper Note A-10-1.
COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners enter into
Settlement of Allstate Insurance Company v. Collier County, Case
No. 01-1824-SP, now pending in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, pursuant to which
the County shall pay Allstate Insurance Company $331.80.
2)
Authorize the making of an Offer of Judgment to respondent, Jerjo
Limited, Inc., for Parcel 142 in the amount of $14,500. O0 in the
Lawsuit styled Collier County v. Owen M. Ward, Trustee, et al, Case
No. 99-1291-CA. Project No. 65031.
3)
Approve the Stipulated Final Judgment relative to the condemnation
of Parcel 175C and 575C in the Lawsuit entitled Collier County v.
Richard H. Evans, et al, Case No. 01-1235-CA, Livingston Road
Project No. 60071.
4)
Authorize the making of an Offer of Judgment to respondents; Russell
Baisley and Patricia M. Baisley for Parcel 160 in the amount of
$29,960 in the Lawsuit styled Collier County v. Russell Baisley, et al,
Case No. 01-0758-CA, Project No. 60071.
10
January 8, 2002
5)
6)
7)
8)
9)
10)
Authorize the making of an Offer of Judgment to respondent, Elfrieda
Houghton Sutherland, Trustee of the Elfrieda Houghton Sutherland
Residuary Trust, for Parcels 172 and 772 in the amount of $18,000 in
the Lawsuit styled Collier County v. Dominque C. Rihs, et al, Case
No. 01-0819-CA, Project No. 60071.
Recommendation that the Board of County Commissioners approve
the pre-litigation settlement between Collier County, Florida
(hereinafter referred to as "County") and its former Third Party
Administrator, Cramer, Johnson, Wiggins & Associates (hereinafter
referred to as "CJ&W") for its failure to give notice and obtain
consent of the defendant, National Union Insurance Company, in the
amount of Nine Thousand, Seven Hundred and Fifty Dollars ($9,750).
Said Pre-Litigation Settlement Negotiations were previously
referenced in the Case Styled Collier County v. National Union
Insurance Co. of Pittsburgh, Pennsylvania and AIG Claims Services
Inc., Case No. 00-2305-CA, which was settled and approved by the
Board of County Commissioners on September 11,2001. Said
settlement was arrived at during pre-suit settlement negotiations.
Authorize the making of an Offer of Judgment to respondent, Pine
Ridge Associates Ltd., for Parcels 103B and 703B in the amount of
$1,000.00 in the Lawsuit Styled Collier County v. Pine Ridge
Associates, Ltd., et al, Case No. 00-0488-CA (Pine Ridge Road
Project No. 60111).
Authorize the making of an Offer of Judgment to respondent, Pine
Ridge Associates II, Ltd., for Parcels 103A and 703A in the amount of
$1,000.00 in the Lawsuit Styled Collier County v. Pine Ridge
Associates, II, Ltd., et al, Case No. 00-0488-CA (Pine Ridge Road
Project No. 60111).
Authorize the making of an Offer of Judgment to respondent, Elfrieda
Houghton Sutherland, Trustee of the Elfrieda Houghton Sutherland
Revocable Trust, for Parcels 170 and 770 in the amount of $20,700 in
the Lawsuit Styled Collier County v. Fred R. Sutherland, et al, Case
No. 01-0756-CA, Project No. 60071.
Authorize the making of an Offer of Judgment to respondents, Elliot
Cortes, Sr., and Gladys Cortes, for Parcels 246 and 246T in the
.January 8, 2002
17.
amount of $3,150.00 in the Lawsuit Styled Collier County v. dose
Alvarado, et al, Case No. 00-1969-CA, Golden Gate Boulevard
Project 63041.
Authorize the making of an Offer of Judgment to respondents, Jose
Alvarado and Dolette Alvarado, for Parcels 244 and 244T in the
amount of $2,700.00 in the Lawsuit styled Collier County v. dose
Alvarado, et al, Case No. 00-1969-CA, Golden Gate Boulevard
Project 63041.
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. SHOULD ANY OF THE FOLLOWING
ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS
MUST BE SWORN IN.
Ae
Petition AVPLAT-2001-AR1557 to disclaim, renounce and vacate the
County's and the Public's interest in a 3 foot wide portion of the 13 foot
wide lake maintenance easement located along the rear of Lot 190,
according to the plat of "Glen Eden Phase Two" as recorded in Plat Book
34, Pages 18 through 21, Public Records of Collier County, Florida.
Located in Section 9, Township 48 South, Range 25 East.
Be
Petition AVPLAT2001-AR-1457 to disclaim, renounce and vacate the
County's and the Public's interest in a portion of the 10' wide utility
easement located along the rear property line of Lot 21, Block 17, according
to the plat of "Lely Golf Estates St. Andrews West" as recorded in Plat Book
10, Page 93, Public Records of Collier County, Florida. Located in Section
20, Township 50 South, Range 26 East. This easement vacation petition is
a Companion Item to the petition for Variance VA2001-AR1380.
12
January 8, 2002
Ce
VA-2001-AR-1380, Christopher J. Thomton, Esquire, of Treiser, Lieberfarb,
Collins and Vernon, Chtd., representing Raymond F. Erickson, requesting an
after-the-fact variance of 1.3 feet from the required 10 feet to 8.7 feet for
property located at 231 Pebble Beach Circle, in Section 20, Township 50
South, Range 26 East, Collier County, Florida. This is a Companion Item
to Petition AVPLAT2001-AR-1457.
De
An Ordinance adopting the Florida Building Code and amending Chapter
One, Administration, thereof; establishing the exact location of wind speed
lines in unincorporated Collier County by the adoption of maps relating
thereto; repealing certain County ordinances and adopted codes in their
entirety; providing for incorporation in Code (s); providing for conflict and
severability; providing for penalties, and providing an effective date.
te
Petition PUDA-01-AR-1573, George L. Vamadoe of Young, VanAssenderp,
Vamadoe and Anderson, P.A., representing Antaramian Capital Partners,
LLC, requesting a rezone from "PUD" to "PUD" Planned Unit Development
to be known as Sandpiper Village PUD for the purpose of decreasing the
number of residential dwelling from 180 units to 170 units, increasing the
commercial floor area from 45,000 square feet to 52,500 square feet and
revising the master plan to increase compliance with the Bayshore/Gateway
Triangle Redevelopment Overlay for property located on the Southwest
Comer of Tamiami Trail East (US 41) and in Section 11, Township 50
South, Range 25 East, Collier County, Florida.
Fe
THIS ITEM HAS BEEN CONTINUED INDEFINITELY. PUD-A-
2001-AR-1404, Dwight Nadeau, of RWA, Inc., representing Conquest
Development U.S.A., L.C., requesting an amendment to the Silver Lakes
PUD for the purpose of reducing the Park/Travel Trailer area from 26 to 24
acres, the buffer area from 5 to 3 acres, the commons/recreation area from
97 to 78 acres and increasing the conservation area from 3 to 26 acres, for
property located at 1001 Silver Lakes Boulevard, in Section 10, Township
51 South, Range 26 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
13
January 8, 2002
January 8, 2002
Item #2A
REGULAR, CONSENT, & SUMMARY AGENDA- APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN CARTER: Okay. Ladies and gentlemen,
Commissioners, we're live. Good morning, ladies and gentlemen. If
I could have you-all take your seats, please. I guess everybody is
afraid to come up front this morning. It's kind of like church. If
you're late, you have to come to the front seats.
Welcome to our January 8th board meeting. It's the first board
meeting of the year 2002. Happy new year to all of you, and if you
would please rise this morning and join with us in the invocation led
by the Reverend Mary Anne Dorner, Church of the Resurrection.
REVEREND DORNER: Let us pray. Dear God, we give You
thanks for this new year and all the joys and challenges it will bring.
We give You thanks for this new day and the time we will spend
together this morning. We are truly grateful that we live in a nation
where we are free to gather in peaceful assembly to share our
concerns and to work together for the common good. We lift before
You this day all the people of Collier County, our children, youth, all
those who work in our community, and the seniors who are retired
here. We thank You for the diversity of people who call this place
home, whether for a day, a season, or a lifetime.
We ask Your blessings on those who will receive special
recognitions and service awards this day and for all who will present
their needs and petitions before our county commissioners.
We especially pray as we begin this new year for the Board of
County Commissioners that they may make wise decisions and right
judgments as they exercise the authority we have given them to act
on our behalf. And we thank You, God, for all who have gone before
Page 2
January 8, 2002
us, for those who have worked to make Collier County a good and
safe and beautiful place in which to live. Help us to protect and
improve our environment as we continue to develop our community.
Amen.
(The Pledge of Allegiance was recited in unison.).
CHAIRMAN CARTER: Good morning, Mr. Olliff. Are you
ready to lead us into the agenda and review, etc.?
MR. OLLIFF: Yes, sir. Good morning, Mr. Chairman. Good
morning, Commissioners. Happy new year.
We will walk you through some brief changes to your January
8th agenda this morning. First is a continuance. It is Item 7(B), as in
boy, on your agenda. It was a variance request. The item has been
requested to be continued to February 12th.
The next item is Item 10(C), also a continuance, which was a
request to record the final plat of Olde Cypress Tract 12. At the
petitioner's request, the item is being continued to your second
meeting in January on January 22nd.
The next three items are items from your consent agenda that
have been requested to be moved to the regular agenda. Item 16(C)1
is being requested to be moved to 10(I). That is a budget amendment
regarding a flow equalization tank at the north county water
reclamation facility.
The next item is Item 16(C)6. It's requested that that item be
moved to 10(J). That is the purchasing policy and work orders,
issues associated with the Malcolm Pirnie contract for solid waste
characterization and program analysis. That's at the request of both
Commissioner Fiala and Commissioner Coletta.
The last item from your consent agenda would be Item 16(C)7.
That's being moved to Item 10(K). That's a budget amendment and
award of bid for Wiggins Pass maintenance dredging. That's being
moved at the staffs request to provide you some additional
Page 3
January 8, 2002
information on that particular item.
The last change on your agenda that I have for you,
Mr. Chairman, is deletion of Item 16(E), as in Edward, 2, which was
the short list of firms for the annual fixed term professional
engineering services, purchasing department, in accordance with the
policy has received a bid protest. And in accordance with your
policy, we have a period of time in which to review and resolve that
bid protest before we actually award the bid, so we're asking that that
item be deleted off your agenda today.
Mr. Chairman, that's all the changes I have this morning.
CHAIRMAN CARTER: Thank you, sir. Mr. Weigel, any
changes?
MR. WEIGEL: No changes. But just to announce to the board
and to the public that the county attorney office had received
communication from the State of Florida in regard to the Miller
Boulevard Extension, Miller Boulevard discussion and settlement
issues that had been under negotiation. And the state had indicated
that they no longer wished to go forward with any settlement
discussion and that the county will proceed -- should proceed with its
prescriptive easement lawsuit and the state will participate in that to
the extent that it has an interest.
I know that from the workshop that was had in early December,
we had talked about bringing an item back today and subsequent at
the board meeting at the December 11 th board meeting, we had gone
on the record indicating that we would be looking to bring back the
settlement discussion for January 22nd. At this point the county
attorney office will not have an agenda item for the 22nd. We will
proceed, unless there's further instruction, with the prescriptive
easement lawsuit in an expeditious manner. And if the board wishes
to entertain any action today, it would need to create an agenda item.
I think there may be a speaker or speakers here today who may wish
Page 4
January 8, 2002
to comment under public comment.
CHAIRMAN CARTER: Okay. Then I would say it would be
probably a logical sequence that under public comment if that comes
forward the board would then give direction based on the input and
the information you've provided us, Mr. Weigel.
MR. WEIGEL: Yes, sir.
CHAIRMAN CARTER: Thank you.
Agenda changes by commissioners. Commissioner Coletta?
COMMISSIONER COLETTA: None.
CHAIRMAN CARTER: Commissioner Fiala?
COMMISSIONER FIALA: They've taken care of them. Thank
yOU.
CHAIRMAN CARTER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: No, sir.
CHAIRMAN CARTER: Commissioner Coyle?
COMMISSIONER COYLE: None.
CHAIRMAN CARTER: I have none.
Prior to approval, I need to know if there are any disclosures by
the commissioners, any ex parte disclosures on summary agenda
items any commissioners need to disclose. (No response.)
CHAIRMAN CARTER: Are there any public speakers on the
consent or summary agenda?
MS. FILSON: No. No, sir.
COMMISSIONER FIALA: Disclose -- I spoke to George
Varnadoe on the last one from the summary agenda, asked him a few
questions that I had.
CHAIRMAN CARTER: Okay. That's a disclosure.
COMMISSIONER FIALA: Okay.
COMMISSIONER COYLE: And -- and the same is true for
Page 5
January 8, 2002
me.
CHAIRMAN CARTER: The same is true for Commissioner
Coyle. Okay. Thank you very much.
Therefore, I'd entertain a motion for approval.
COMMISSIONER HENNING: A motion to approve the
regular consent and summary agenda as amended.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: A second-- a motion by
Commissioner Henning, 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 5-0.
Page 6
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
January 8, 2002
CONTINUE ITEM 7B TO FEBRUARY 12, 2002 BCC MEETINC-: (This item
was continued from the December 11, 2001 BCC meeting.) VA-2001-AR-
1166, Avi Baron, PLS, representing Montclair Fairway Estate Building
Corporation, requesting an after-the-fact variance of 2.3 feet from the
required 5 feet to 2.7 feet for property located on 797 Provincetown Drive,
further described as Lot 29, Montclair Park North, in Section 5, Township
48 South, Range 25 East, Collier County, Florida. (Petitioner request.)
CONTINUE ITEM 10(C) TO JANUARY 227 2002 BCC MEETING:
approve for recording the final plat of "Olde Cypress Tract 12".
request.)
Request to
(Petitioner
MOVE ITEM 16{C)1 TO 101: approve budget amendment to re-appropriate
funds for the North County Water Reclamation Facility flow equalization
tanks, Project 73077, in the re-appropriated amount of $2,500,000.
(Commissioner Fiala.)
MOVE ITEM 16(C)6 TO 10J: Request Board of County Commissioners to
waive purchasing policy and authorize work orders in excess of threshold
and to waive annual threshold for Contract #00-3046, "Solid Waste
Characterization and Program Analysis". (Commissioner Fiala and
Commissioner Coletta.)
MOVE ITEM 16(C)7 TO 10K: Approve $165,999 Budget Amendment and
award Bid 02-3322 for Wiggins Pass Maintenance Dredging. (Staff request.)
DELETE ITEM 16(E)2: (Received bid protest.) Approve shortlist of firms for
Contract 02-3290 "Fixed Term Professional Engineering Services". (Staff
request.)
January 8, 2002
Item #2B through K
MINUTES OF 11/27/01 REGULAR MEETING, 11/28/01 SPECIAL
MEETING, 11/30/01 SPECIAL MEETING, 11/30/01 WORKSHOP,
12/03/01 WORKSHOP, 12/05/01 WORKSHOP, 12/07/01 SPECIAL
MEETING, 12/11/01 REGULAR MEETING, 12/18/01 SPECIAL
MEETING, AND 12/19/01 SPECIAL MEETING-APPROVED AS
PRESENTED
We need a --
COMMISSIONER HENNING: Motion to approve the
December 27th, 2001, regular meeting; December 28th, 2001, special
meeting; December 30th--
CHAIRMAN CARTER: You mean November.
COMMISSIONER HENNING: No, November. I'm sorry.
November special meeting. November workshop, December 3rd
workshop, December 5th workshop, December 7th special meeting,
December 11 th regular meeting, December 18th's special meeting,
December 19th special meeting.
COMMISSIONER FIALA: And I second that.
CHAIRMAN CARTER: And 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: Motion carries. Those of you who
think we don't meet often enough, I would say this is a pretty good
example that we are fairly -- that we are in session fairly often. In
fact, I believe, Mr. Olliff, we met what? Sixty-eight or sixty-four
times?
Page 7
January 8, 2002
MR. OLLIFF: Sixty-four times.
CHAIRMAN CARTER: Sixty-four times last year. Okay.
Thank you very much.
Item #3A
PROCLAMATION DESIGNATING THE WEEK OF JANUARY 14
- 20, 2002 AS PURPLE MARTIN WEEK- ADOPTED
Let's move to proclamations.
COMMISSIONER FIALA: Thank you.
CHAIRMAN CARTER: Commissioner Fiala, Purple Martin
Week.
COMMISSIONER FIALA: Will the representative to receive
this proclamation from the Purple Martin Week please come forward.
I'd like to read this for you, and then you may make some comments
if you'd like.
Whereas, in a very short time, thousands of our very beautiful
feathered friends, the purple martins, will return from their winter
home in Brazil; and,
Whereas, these birds will be searching for suitable housing to
enable to rest and rear their young; and,
Whereas, the Florida legislature has designated Collier County
the purple martin capital of Florida; and,
Whereas, the Purple Martin Society of Collier County is
desirous of urging the public to erect proper housing for these very
valuable winged creatures by placing said houses on their property;
and,
Whereas, during the period of January 14 to the 20th, 2002, the
Purple Martin Society of Collier County will endeavor to alert the
public to how valuable these birds are in keeping to diminish the
Page 8
January 8, 2002
insect and mosquito population.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of January
14th to the 20th, 2002, be designated as Purple Martin Week in
Collier County, and urge all citizens to join with the pub -- with the
Purple Martin Society of Collier County to show their concern for
these valuable and friendly winged creatures and learn to protect and
preserve them.
Done and ordered this 8th day of January, 2002.
Motion to accept.
COMMISSIONER COLETTA: Second.
CHAIRMAN CARTER: Motion by Commissioner Fiala. I
have a second by Commissioner Coletta. All in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN CARTER:
(No response.)
CHAIRMAN CARTER:
to the birds.
land
Opposed by the same sign.
Motion carries 5-0. Congratulations
(Applause.)
CHAIRMAN CARTER: Now, you got to turn around, face TV
and the camera, give that big smile.
MR. MOORE: I'm on film.
CHAIRMAN CARTER: You're on film. You're on everything,
sir.
MR. MOORE: There's not very much I can add to the beautiful
words that are already in the proclamation. But I would like to say
that we consider ourselves in very good shape. We have nesting sites
throughout Collier County ready and waiting for the birds who will
probably be arriving next week, and we're looking forward to a very
successful nesting season and wish to express our appreciation again
Page 9
January 8, 2002
for recognizing these wonderful birds and the activities of our
society. Thank you again.
CHAIRMAN CARTER: For the record, sir, your name.
MR. MOORE: George Moore, Isles of Capri.
Item # 3B
PROCLAMATION DESIGNATING JANUARY 8, 2002 AS
CHILDREN'S DAY IN COLLIER COUNTY- ADOPTED
CHAIRMAN CARTER: Thank you.
All right. And here they come, ladies and gentlemen, from
Avalon Preschool Childcare Center as we do the next proclamation
on Collier School Readiness Coalition. So welcome these wonderful
children into our audience this morning. (Applause.)
COMMISSIONER HENNING: Well, this is a pleasant surprise,
Mr. Carter.
CHAIRMAN CARTER: Yes, sir. Look around the room, and
you will see all these wonderful decorations on the wall by the
children of our community. And if this doesn't make you really feel
good about Collier County, I don't know what will ever make you
feel good. It's a group that definitely knows what they're doing.
Maybe the grandparents are here. I don't know. Holy moly.
COMMISSIONER COLETTA: Of course, they can see that on
Channel 54.
COMMISSIONER FIALA: Channel 11.
CHAIRMAN CARTER: Channel 11 is where we are now.
COMMISSIONER COLETTA: Fifty-four.
CHAIRMAN CARTER: You're still on 54.
COMMISSIONER COLETTA: We're a little slow, but we get
Page 10
January 8, 2002
there eventually.
CHAIRMAN CARTER: You're watching 54 hoping we would
appear.
Okay. All right. This -- this is great. Let me -- let me -- Joe
Paterno, are you here this morning? Joe, if you want to step up here,
please, and join these wonderful children, along with their counselors
and care workers, what a delight. Okay. Let me read this
proclamation. And I know attention spans because I have five
grandchildren. Well, I've got three that we say are on the runway,
and I have two that are expecting.
COMMISSIONER FIALA: On the runway.
CHAIRMAN CARTER: Proclamation: Whereas, the Collier
School Readiness Coalition, in conjunction with the Florida
Children's Forum and the Florida State Legislature, is celebrating
Children's Day during the month of January 2002; and,
Whereas, research on brain development indicates that
stimulating and nurturing environments during a child's first five
years of life are critical to long-term development and school
readiness; and,
Whereas, the ability of Collier County's parents to work is tied
extraordinarily to their ability to obtain and afford high-quality early
education and care programs; and,
Whereas, business and communities benefit when children are
provided high-quality early childhood programs; and,
Whereas, working families must be assured of high-quality early
childhood programs so that their children will be ready to begin
school and to succeed in school; and,
Whereas, by calling attention to the need for-- for quality early
education and care programs for all young children and their families
in our community, we hope to improve the quality and availability of
such services; and,
Page 11
January 8, 2002
Whereas, parents, children, teachers, and child-care workers will
demonstrate their dedication to the needs of children with
celebrations throughout Collier County and the State of Florida; and,
Whereas, Collier School Readiness Coalition and Childcare of
Southwest Florida, Inc.; School District of Collier County; Redlands
Christian Migrant Association, Inc.; and other agencies will continue
to collaborate in their commitment to advancing the needs of children
and families through high-quality comprehensive early education and
care services.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Tuesday, January 8th,
2002, be designated as Children's Day in Collier County and urge all
citizens of Collier County to support quality early education and care
for working families.
Done and ordered this 8th day of January, 2002, Board of
County Commissioners, Collier County, Florida, myself as chairman.
I move for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: Okay. I have -- I moved for approval.
I have a whole bunch of seconds. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: Motion carries.
(Applause.)
CHAIRMAN CARTER: This is an awesome experience and
occasion in this boardroom. I've said it many times. There are only
25 percent of our population, but they are 100 percent of our future.
God bless these children and their parents and their workers that they
will grow up and be healthy and happy and the kind of people that
will just take Collier County forward. Bless you-all. Mr. Patemo.
Page 12
January 8, 2002
MR. PATERNO: Thank you. For the record my name is Joe
Paterno, and I'm the chair of the local School Readiness Coalition.
We'd like to thank the commission for dedicating this day as
Children's Day and the day that we honor all the children of this
county because, as you just mentioned, these children will become
the futures of this county. Probably many may sit at the desk and
chairs that you are sitting at right now.
We really appreciate the opportunity. We appreciate the
partnership that you mentioned in the proclamation of the school
districts, our providers of services as we go forward in trying to make
every child ready for school and become the leaders of tomorrow. So
we thank you, and we accept this proclamation.
I think the children would like to sing a song for you-all. It's
either the children or me, and I can assure you that it won't be me.
CHAIRMAN CARTER: The children, with all due respect.
(The children present sang "We've Got The Whole World In Our
Hands. ")
(Applause.)
CHAIRMAN CARTER: There's a showman in the group. He's
got a future.
COMMISSIONER FIALA: Do their parents all know to see
them on television tonight? You guys will all be on TV tonight, so
have your mommies and daddies watch and your sisters and brothers.
CHAIRMAN CARTER: All right. You tell everybody you're
on TV.
COMMISSIONER COLETTA: Six o'clock is when it starts for
the replay.
CHAIRMAN CARTER: Six o'clock. Okay? All right. Joe,
thank you so much, and God bless you and all your efforts that you're
making.
(Applause.)
Page 13
January 8, 2002
CHAIRMAN CARTER: Okay. I'm going to go with the kids.
It looks like they're having a lot of fun. All right.
Item #3C
PROCLAMATION DESIGNATING THE MONTH OF JANUARY
AS DR. MARTIN LUTHER KING, JR.'S BIRTHDAY
CELEBRATION- ADOPTED
The next proclamation by Commissioner Henning for
Dr. Martin Luther King, Jr's., Celebration.
COMMISSIONER HENNING: And today we have -- from the
Collier County NAACP is Laverne Franklin and Irene Williams. Mr.
Watson -- I'm sure he's working today. And so it's an honor to have
you here, and it's an honor for me to read this for consideration of the
board to accept.
Whereas, the Congress of the United States of America has
designated the birthday of the Reverend Dr. Martin Luther King, Jr.
as a national holiday; and,
Whereas, the President of the United States signed legislation
authorizing the Reverend Dr. King's birthday as January 15th as a
national holiday; and,
Whereas, the Reverend Dr. Martin Luther King received
national and international recognitions for his stirring struggle against
injustice and his leadership in expounding (sic) brotherhood, self-
discipline, and nonviolence; and,
Whereas, the Collier County branch of the National Association
for the Advancement of Colored People, NAACP, will hold
commemorative celebrations of the Reverend Dr. Luther King's
birthday by sponsoring community activities and events throughout
the month of January 2002.
Page 14
January 8, 2002
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that January 2002 be
designated the Reverend Dr. Martin Luther King, Jr's., birthday
celebration in Collier County, Florida, and we urge all citizens to
remember the Reverend Dr. Luther King's outstanding
accomplishments by participating in commemorative celebrations to
be held throughout the month of January.
Done on this order the 8th of January, 2002, by the Board of
Commissioners of Collier County, signed by the chairman, Dr. D. --
James D. Carter, our chairman.
Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN CARTER: We have a motion by Commissioner
Henning. We 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 5-0.
(Applause.)
MS. FRANKLIN: Good morning. My name is Laverne
Franklin. And I am the president of the NAACP of Collier County.
And, indeed, it is an honor, and we do accept this proclamation. And
we would like to invite you to our celebrations for Dr. King. And the
chairperson is Irene Williams, and she will let you know where to be
and to participate in our celebrations for Dr. Martin Luther King, Jr.
MS. WILLIAMS: Thank you, Laverne.
January 13th, 2002, 4 p.m., which is this Sunday at Macedonia
Missionary Baptist Church, 1006 Third Avenue North, Naples,
Florida. Our theme is "Stride Toward Freedom." Program guest
speaker is Pastor Lori Snell. We're going to have a dramatization skit
Page 15
January 8, 2002
by the Macedonia Grammar School students, a march from Selma to
Montgomery.
On January 21st, 2002, tree dedication, which is always done by
Mother Perry -- I'm sure you know her -- and Anthony Park. That's
1380 Fifth Avenue North.
And then the parade will line up at 10:30 at St. Ann's Catholic
Church parking lot and proceed over Third, Fifth Avenue and end at
Cambier Park. Our guest speaker that day is Dr. Roslyn Wright,
Director of Diversity, Collier County school system. Our MC is Miss
Charmanye Small, news reporter from ABC Channel 7. We're going
to have entertainment, food. Venders and marchers are all welcomed
to join in.
Contact me if you do want to march or have a table or do
something there, 455-5033. And I thank you for the proclamation
today.
COMMISSIONER HENNING: Excuse me. When is the
parade? I didn't catch that.
MS. WILLIAMS: The 21st of--
COMMISSIONER HENNING: January.
MS. WILLIAMS: -- January.
COMMISSIONER HENNING: Thank you.
MS. FRANKLIN: I did give Kathleen a flyer, so each one of
you will have your own flyer with the schedule on it. And we really
sincerely hope that you come and participate in at least one, if not all,
of the events honoring Dr. King. Thank you very much.
CHAIRMAN CARTER: Thank you.
(Applause.)
Item #4
EMPLOYEE SERVICE AWARDS - PRESENTED
Page 16
January 8, 2002
CHAIRMAN CARTER: All right. Service awards,
Commissioner Coletta.
MR. OLLIFF: Mr. Chairman, as the board's making their way
down to the floor, I'll take the opportunity to call your first two
recipients, which are both five-year attendees. The first is Linda
Hatke with your Public Utilities Engineering Department; and the
second is Patricia Rosen with your Parks and Recreation Department.
(Applause.)
MR. OLLIFF: Mr. Chairman, the next attendee this morning, it
says, is Bobby Allen, from your Parks and Recreation Department.
And, Mr. Chairman, this morning, your last -- your last
recipient, we've got the honor of recognizing a 15-year county
employee, Steven Epright, of your Emergency Medical Services
Department.
(Applause.)
MR. OLLIFF: Mr. Chairman, that's all your service awards this
morning. Thank you very much.
CHAIRMAN CARTER: Thank you.
(Applause.)
Item #5A
COMMISSIONER COLETTA SELECTED AS CHAIRMAN AND
COMMISSIONER HENNING SELECTED AS VICE-CHAIRMAN
CHAIRMAN CARTER: All right. We now move to Item 5(A),
selection of a chairman and a vice chairman.
COMMISSIONER FIALA: And I'd like to make a motion that
we nominate Jim -- or I would like to nominate Jim Coletta as the
new chairman of our Collier County Commission for the year 2002.
Page 17
January 8, 2002
COMMISSIONER HENNING: I'll second that.
CHAIRMAN CARTER: I have a motion by Commissioner
Fiala. 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.)
CHAIRMAN CARTER: Motion carries 5-0. Congratulations,
Mr. Chairman.
(Applause.)
CHAIRMAN CARTER: Now we need a vice chairman.
COMMISSIONER COYLE: What are your procedures
generally?
CHAIRMAN CARTER: Anybody can nominate anybody they
want.
COMMISSIONER FIALA: Well --
COMMISSIONER COLETTA: Is the chair supposed to step
back on this? I think they are at this point.
CHAIRMAN CARTER: No. You can do anything you want.
You're a commissioner.
COMMISSIONER COLETTA: I'm just trying to stay with the
procedure, if I may.
I'd like to nominate Donna Fiala--
COMMISSIONER FIALA: Oh, thank you.
COMMISSIONER COLETTA: -- as the vice chair. Well, let's
see --
COMMISSIONER FIALA: Lack of a second, it dies.
COMMISSIONER COLETTA: Lack of a second. Hear another
motion?
COMMISSIONER FIALA:
COMMISSIONER COYLE:
I'll nominate Tom Henning.
I'll second.
Page 18
January 8, 2002
CHAIRMAN CARTER: I have a motion to nominate
Commissioner Henning as the vice chair. I have a second by
Commissioner Coyle. All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN CARTER: Opposed by the same sign.
(No response.)
CHAIRMAN CARTER: The motion carries 5-0.
Congratulations, gentlemen.
(Applause.)
COMMISSIONER CARTER: Mr. Chairman, I'm going to pass
-- I'm not going to pass this gavel. We're going to change chairs.
And ifI might just indulge, for a moment, I think probably normally
under the comment section this would be appropriate, but if you may
indulge me for a minute, Mr. Chairman.
CHAIRMAN COLETTA: Go ahead.
COMMISSIONER CARTER: First of all, I want to thank this
board for the honor of having the privilege of serving -- serving as
chairman for 15 months. This started back in about October of 2000.
I have seen nine different commissioners in three years, and as I enter
my fourth year, I worked with seven different commissioners during
this -- well, as chairman I have worked with all of you, but at times
we worked with four -- four commissioners. We've had a very
interesting period of time within the Board of County Commissioners
and Collier County government.
But I am proud of what this board has accomplished in the last
12 months. And if anyone out there is kind of wondering what --
what goes on here, let me just say a couple of things. First of all, I
thought that some major accomplishments that was done by this
board in the year 2001 is we took an issue -- it's called a landfill --
that had been kicked around as long as I can remember, and we
brought to it a point where we no longer -- what I'm going to say --
Page 19
January 8, 2002
avoided the situation or postponed the decisions. Hard decisions
were made. We made short-term decisions along to take care of the
capacity we have left, and we reserve capacity at Okeechobee for any
hurricanes or emergencies so that we would never disrupt the
operations in Collier County.
Long term, we begin to -- I think we divided the problem, which
was a smart thing to do. We looked at, what do you do with -- you
take this whole thing of trash in general. We took yard wastes, and
there's now an RFP out for composting and a pilot project going.
We're taking the grease from restaurants, and there's an RFP to look
at that for a biodiesel conversion in terms of where you can take all
this grease and turn it into diesel fuel, another major, major
accomplishment.
We took (2 and D; we separated that out. We got rid of all of the
wallboard and stuff that caused the odors in your landfill and took the
remaining materials and through a wide variety of processes are able
to salvage and get rid of the things that you can't put in the landfill.
You crush the stone up. Some of that is used in road beds and/or
maybe begin to use it for -- for covering. We took the major amount
of trash that's going in there, and we have a buy -- and we have an
RFP out now to look at what we call biogasification.
All these will be decisions made by this Board of County
Commissioners in the year 2002, but the major leap forward was that
we broke up the problem. We addressed the issues. We had
numerous meetings on it, and it's no longer one of those things that
everybody wonders what we're going to do with the landfill. This is
going to take us well into this century in terms of the progress that
was made.
Secondly, we take a look at the area called Community
Character, and we approved a plan that took a look at what's
community design all about, what's transportation all about, what's
Page 20
January 8, 2002
green space all about. And we have the plan in place. Now, we don't
have the dollars to implement the plan in total, but we do have the
plan that says this is what we want to be as a county. And this
morning you will hear one community coming forward that says, we
now want to take advantage of this process. We were a part of it, so
we can improve our community. And as you go along, you will see
more and more of that, and that is exactly what the Board of County
Commissioners could be doing, and that is really a visioning, a long-
range process.
We took transportation, and for the first time I could remember
as a commissioner, we looked at this, and we got a 20-year plan from
our director of transportation, a realistic 20-year plan. This is what a
county this size has to do with the anticipated growth that will take
place here over the next 20 years. And we have the plan, and it's
broken down in five-year increments, and we don't have the funding
that we wanted for the plan, but we are looking at the first five years
through the multiple revenue streams that do the best that we can, but
the plan is there. The reality is there. And no matter who sits in
these chairs, that reality is not going to go away. It has to be done.
And I thank this commission for having the political will and the
courage to make that tough decision.
Thirdly, we take a look at our sewer and water treatment plans.
And we have a 15-year plan. It's in place. It is funded, and it will be
executed. That -- that plan will happen. It is done through impact
fees and the courage of this commission to raise water rates to take
care of what has to be done. It was a tough decision, but this Board
of County Commissioners did it, and they're to be commended for
that.
We faced the health-care issues in this county. One of our
charges is health, safety, and welfare. We faced the challenge. We
don't have a resolution yet, but we certainly have a lot of effort being
Page 21
January 8, 2002
made to deal with it. The good news was, we took care, and we
funded school nursing. Thanks to Commissioner Coletta we got that
done. We have Healthy Kids program, totally funded.
Now, we've got some other issues to deal with, but I believe that
we will have the courage as a board to deal with those appropriately.
We took a look at the Land Development Code, a major part of what
goes on in this county. We increased the number of cycles so that we
don't look at it twice a year; we're looking at it three times. And, in
fact, as we finish up this cycle, we're going to come back with
another cycle in March to deal with some very specific issues. And
all of this says we are moving towards managing growth instead of
letting growth manage us. And we're doing it through a process.
We're doing it through a system. We're taking in consideration of
everybody's property rights. And I mean everybody's. There is no
special interest groups whose rights are more important than another.
And I give this board enormous credit for having the political will
and the courage to make those tough decisions.
We also have taken a look at green space, and we committed
$4.75 million to buy the -- the remaining parcel at Lely Barefoot
Beach. And Commissioner Mac'Kie, who is -- who is no longer with
us but with the South Florida Water Management District, was very
instrumental in making that take place.
So I commend this Board of County Commissioners for the
work that you did in 2001. You came in; we called you rookies. But
let me tell you, you are now seasoned veterans, and along with the
addition of Commissioner Coyle -- Coyle who I don't consider a
rookie because he's been around in these processes a long time -- and
believe me, anybody that can work the City of Naples council process
probably is up in the superstar category already. So I am really
pleased that he is here with us and that we will move forward as the
Board of County Commissioners and continue to do what we need to
Page 22
January 8, 2002
do.
And, Commissioner Coletta, I'm very proud that you will step in
and be the chair, Commissioner Henning, the vice chair. All of you
are great, and I can't thank you enough for all the effort, all the
cooperation that you gave me in this period of time when I had the
pleasure to serve as chair. So it is all yours, sir. (Applause.)
CHAIRMAN COLETTA: Pick up your stuff and move.
COMMISSIONER CARTER: Pick up your stuff and move.
Get out of Dodge. I'll give you back your coffee, water -- you've got
two cups. Man, you're really working on this stuff this morning.
CHAIRMAN COLETTA: Just enough to keep me moving.
COMMISSIONER CARTER: Enough to keep you moving?
Okay.
CHAIRMAN COLETTA: I'm glad we got through that first
difficult decision. Briefly, I do want to thank Dr. Carter for the
wonderful job he did last year. I think he's covered it very well.
We're going to continue in the coming year with the agendas that
we've set in the past. The only thing I can promise you is a lot of
hard work, but that's what we're here for.
Item #6A
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
Okay.
MS. FILSON: I'm sorry.
public comment.
CHAIRMAN COLETTA:
MS. FILSON: Uh-huh.
CHAIRMAN COLETTA:
Moving on, Item 6, public petitions.
We do have eight speakers under
Under public comment.
And the first speaker is ...
Page 23
January 8, 2002
MS. FILSON: The first one is Jesse Holbrook. He will be
followed by Wilbur Chilcote.
MR. HOLBROOK: Good morning. My name is Holbrook. It
says here I'm supposed to spell that for you. That's H-o-l-b-r-o-o-k.
And I want to speak to you, if I can, just a minute about, as I said on
my petition there, flags.
I want to start by telling you that this past fall I was taking a trip;
Wilbur and I took a trip out in the west, midwest. And on the way
back we traveled through Cairo, Illinois. If you know Cairo, it's a
small town about like this one was 40 years ago.
But the real thing that's important about Cairo right now is, as
we drove through that town, we noticed very quickly that they had
installed on every flag pole in that town that had a light on it the flag
of the United States. And I tell you, it's a very profound and -- and
beautiful sight to drive through that town and look down a street for a
half a mile and -- and see 300 flags flying. And it was so -- we were
so impressed that we went -- we've got a little -- in a little town there,
north Georgia, Blairsville, Georgia, we have a cabin, and we went
back to this little town and approached the county commission there
and the mayor of the city. And they agreed to install the flags, mount
the flags, on their poles in the city.
We'd like for this commission to consider doing the same thing.
It may take a little money, but I'm sure you can find it. It's for a
worthy cause. And with the population that we have right now --
what? 150,000 people during the winter? I think we -- we really --
we'd really impress them with the beauty and the desire of this
commission to serve the community in that regard. So I'd like to
have you consider doing that and in -- in doing it, appoint a
committee to get it -- get the job done, order the flags, and mount
them on the flagpoles, and I'm sure during the process you're going to
want to have a ceremony or two to -- to celebrate and to advertise the
Page 24
January 8, 2002
fact that you're doing it.
CHAIRMAN COLETTA: I think it's a very noble cause that
you're talking about. Of course, Collier County in itself is immense
in the amount of roads we have and roadways. Possibly it's time we
might want to consider for the county complex to set an example
where we could have flags on all the different poles here and
numerous locations.
MR. HOLBROOK: I don't understand.
CHAIRMAN COLETTA: I'm not too sure myself what road
you'd be talking about. But I think it bears some looking into.
MR. HOLBROOK: I think we ought to start on 41 and just
outside the city limits on the north end, and on the south end--
CHAIRMAN COLETTA: Uh-huh.
MR. HOLBROOK: -- say, designate $25,000 and buy flags and
just mount as many as possible in the -- in those directions. We have
approached the city with the same idea. The -- we -- the city
manager thought it was a good idea, and he's going to bring it up, and
they're going to be discussing it. And they, of course, will take care
of the inside the city limits, if they decide to do it, and I think they
will.
COMMISSIONER FIALA: Mike McGee and associates
donated flags for all of the light poles out here on the East Trail. I
notice they're all up.
COMMISSIONER CARTER: Perhaps, Mr. Chairman, we
might work in conjunction with the City of Naples and our staffs and
just figure out what we might do to follow through on this
gentleman's suggestion.
CHAIRMAN COLETTA: Would you like to direct -- do I see
enough nods of head to direct this back to staff to see what the
logistics of this would be and what cooperative arrangement we could
do with the City of Naples?
Page 25
January 8, 2002
COMMISSIONER FIALA: It would be nice to have it
donated --
COMMISSIONER CARTER: Well, I think the committee
could look into that, public/private sector combination of efforts.
CHAIRMAN COLETTA: We get the veteran's council behind
this thing, and we might be able to make something happen. Okay.
Mr. Olliff?.
MR. OLLIFF: Yes, sir. We'll -- we'll also need to work with
the Florida DOT because the 41 selected road is a state road. We'll
work with the Department of Transportation. We'll bring a report
back to the board for consideration.
COMMISSIONER COYLE: One of the things I think we have
to consider is lighting; otherwise we're going to be taking the flags up
and down every day. So wherever we position them we have to make
sure there's lighting available.
MR. OLLIFF: In fact, that's why I think the proposal is actually
to use street lights, so that they can be in locations where they can be
up 24 hours a day. I think they thought that one through.
CHAIRMAN COLETTA: Thank you very much.
MR. HOLBROOK: Okay. Thank you.
MS. FILSON: The next speaker is Wilbur Chilcote, and he will
be followed by Mr. A. Spencer.
MR. CHILCOTE: Young ladies and gentlemen, I come with my
colleague here to speak on the same thing. I'm looking at something
right here (indicating). Does it mean anything, or shall we just toss it
out to the wind?
Fifty years ago approximately this month I was on the first wave
of Leyte when I saw Douglas MacArthur say, "I have returned." Do
we really mean that, or are we just saying things, saying words that
don't mean anything?
CHAIRMAN COLETTA: We have directed staff to bring it
Page 26
January 8, 2002
back to us.
MR. CHILCOTE: I know -- I know you have. I'm just adding,
Mr. Coletta. I'm just adding to this, and I -- and I'm trying to -- what
I'm trying to do is stir you up --
CHAIRMAN COLETTA: Oh.
MR. CHILCOTE: -- and agitate you a little bit --
CHAIRMAN COLETTA: Go forth.
MR. CHILCOTE: -- because we -- as the President of the
United States said -- and it's true -- after things happen like it
happened September the 11 th and then time lapses, people have a
habit of getting in a stagnant mood. Well, it never happened, this or
that or so on. And they really don't know what they're talking about.
So, maybe you're saying, "Well, when I leave this podium, that's an
old man talking." No. I'm old all right, but there's a lot of things that
we need to mm to. I'm very happy to hear that you have prayer here.
I'm very happy that you saluted. I'm very happy to all that.
So my colleague and I appreciate everything that you're going to
do. And anything we can do to help we're -- we're right there. And if
I can't agitate somebody, well, then there's something wrong with me.
I'll be dead and gone. Thank you.
CHAIRMAN COLETTA: Thank you, sir.
COMMISSIONER CARTER: Thank you.
MS. FILSON: The next speaker is Mr. A. Spencer, and he will
be followed by A1 Perkins.
MR. SPENCER: Mr. Chairman, Board, happy new year.
CHAIRMAN COLETTA: Happy new year.
MR. SPENCER: I don't know whether I'm bringing up an old
subject or new subject or what. I heard a county attorney mention
something about the Miller Extension. I've been in this county since
1957 coming back from Korea, so I remember just four comers when
this was a little county. It's a big county now. I don't know whether
Page 27
January 8, 2002
any of you live in Golden Gate, between Golden Gate Boulevard off
of Everglades and the Alley. I do. I've lived there for over 20 years
in them woods. I have no place to run if you close the Miller if fire
gets up around Golden Gate Boulevard, and all of us people -- there's
quite a few, hundreds of us -- have no place to go. Stop and think.
There's no outs.
We called for a deputy. He has to come from Everglades now. I
don't know why the sheriff has changed the district. I'm losing land
down there now to the State. I've lost land in the Big Cypress, so I
don't know whether I fought for freedom or not.
But can you tell me? Are we going to close it, or are we going
to grade it? Now, 6 L used to grade it and keep it open. I was
running through that when it wasn't nothing but a farm road, and
that's over 30 years ago, so it's been open, and they made a beautiful
dump road out of it. We cleaned it up. I worked one weekend with a
payloader. I crawled up on it, and I worked it all weekend. They
worked on it again, and we took out a bunch of Brazilian pepper and
everything, which they say if you build a home, you have to eradicate
them. But then they made people go back and plant trees, which I
couldn't understand. But they cleaned it up the second time.
And now, then, I don't know what is coming off. I'm here
because I was called to come and talk about the Miller Extension.
Now, if you're ever caught and there's a fire between Golden Gate
Boulevard and the Alley off of Everglades Boulevard, you can't do
nothing but run south, and I don't know where you're going to go if
you don't keep them open.
Calling for emergencies out there, there's -- Everglades
Boulevard is one way in. They have to take a long route around to
come in. They had an accident -- two accidents there last weekend
out off of Lely -- off of Lynch. Somebody drove his automobile off
the end of the road into the canal. Another one, I don't know what
Page 28
January 8, 2002
that was. But we seen the chopper go over. We heard the fire truck
go out and haul -- all the sirens. And I don't know whether the
deputy ever made it or not. I didn't go all the way down there. I just
looked and then come on, because we have property down there
which we go to at might near every weekend.
I heard the county attorney say something about it, and I've
made affidavits. They've called me up to the office, and I've made
affidavits, but I've heard nothing more, only that just recently they
said something about closing it again.
CHAIRMAN COLETTA: If I may help you with that, sir, I've
been the commissioner that's been appointed to work with the
attorneys on this issue. The demands that we are placing on the -- for
the -- the leaving of the area open for the road itself for the rights of
access mainly has caused the state to play their hand, and they want
to continue with the lawsuit. Until we come to some sort of
agreement on the lawsuit, we're forbidden by law to be able to do
anything to that road. It exists as it is now in the state that it's in
without any kind of repairs until we reach some type of settlement,
which may be in the -- may be in the distant future. But the reason
why it's dragging out is because we're very reluctant to give up our
access rights to that area.
That's where we are at this point in time. Just recently, back
about four, five days ago, the state announced the fact they were
going to continue on with the lawsuit, and we're still waiting for all
the facts to come in. But as soon as we hear from them and we know
what we're up against, we'll be sure to appraise you of the situation.
Meanwhile, your affidavit is extremely important to be able to
establish the fact that we have had access for a number of years. I
take it you go back for a quite a long time there.
MR. SPENCER: Yes, sir. I've been traveling over that road
when it was nothing but an old farm road, when it was all farm --
Page 29
January 8, 2002
when it was Old Crawfish Swamp that they turned into a farm. And
we used that road to go our hunting camp, which we had leased back
in -- that's almost 40-some years ago. I could get exact dates if they
wanted them. We've been in that area -- we were in that area when
GAC started cutting canals and making roads, and to keep our
hunting camps that were there, we had to buy the land.
CHAIRMAN COLETTA: I'll tell you what: Rather than take
up a lot of time now, when we get a chance, I'd like you to give my
office a call. And I'll -- I'll get ahold of you, and I'll give you a more
thorough update and tell you where you might be able to intercede to
help us move this forward.
MR. SPENCER: Thank you. If I can be of any assistance --
CHAIRMAN COLETTA: Thank you.
MR. SPENCER: -- I'd be very willing to help. Thank you ever
so much, and God bless Collier County.
CHAIRMAN COLETTA: God bless you.
MS. FILSON: The next speaker is A1 Perkins, who will be
followed by Ken Thompson.
MR. PERKINS: Good morning, ladies and gentlemen, people at
home, commissioners and tax mules, all of you. Miller Boulevard
Extension, an evacuation route necessary to save lives from Marco
Island and Goodland and the people along 41 and, also, the rest of the
people who live in the Belle Meade and southern Golden Gate
Estates.
Now, you can hear any kind of a scare tactic used about there's
no water, there's none of this and none of that, and none of the other.
Well, this commission right here and the employees, the staff, can
prove them wrong. There's plenty of water. There will be for the
next 20 years for total buildout. But nobody pays any attention, and
nobody brings these things forward.
The fear tactics are being used by everybody that's got their
Page 30
January 8, 2002
hand in your pocket, because without that, you're not going to let
them put their hand in your pocket, just that simple.
Now, like a nut, I read stupid books. Florida's annual
comprehensive financial report. People, people at home,
commissioners, they're using your credit card, your credit card. Do
you know what the interest is on this money that they borrow,
because they don't have any? And they'll tell you all about that they
don't have the money, they don't have the money; yet the State of
Florida and the federal government will put $7.8 billion in a
restoration. You're going to make an old car into a new one that
looks like an old car. Mother Nature knows how to do a better job of
restoration than anybody that can stand on two feet. That's a fact.
Don't tell me that God doesn't know what he's doing.
When you get into charities, which is where the money -- and
you guys all know that in New York the Red Cross -- you saw what
they were doing with the money for those people. Bill O'Reilly on
Fox brought it up: 20 percent for the people, 80 percent for them.
Not-for-profit corporation acts, 501 C 3, read the penalties, read the
answers, find out just who's raping this place.
Gift Givers' Guide, you paid for the people. The Department of
Agriculture will tell you who the charities are and who the solicitors
are and who the people are that accept the money on behalf of a
charity, and they have the ability under the law to put half of it in
their pocket, such as The Conservancy, and such as the Wildlife
Founda -- Federation, which is being funded by the Wildlife
Foundation, which is state-operated charity. They got you coming
and going. They can't even keep track of the money or the
transactions in Tallahassee. And whatever you do, find out for
yourself, people. You just don't have to take my word. Take the time
to find out just where it is, because you're affecting all the kids like
the kids that were here this morning. You're putting them into big
Page 31
January 8, 2002
debt for what? Then you're jeopardizing.
Now, I have provided to every one of the commissioners, county
manager-- and I've also handed over to make it of the record--
statements, documentation about what is going on in this state. You
people are all aware of the letter of intent from the Department of
Environmental Regulation to try to take over every piece of land
from the water's edge of the Gulf to within 10 miles of
Fort Lauderdale. This intent says I'm going to spend, spend, spend,
spend, and spend and hurt every little person who can't defend
themselves.
CHAIRMAN COLETTA: Mr. Perkins, would you wrap it up,
please.
MR. PERKINS: I was going to ask you for some more time, but
I don't need it. Let me just go across my ...
Misuse of public taxes, control of appointed boards. Pay
attention who's on these boards. South Florida Water Management --
okay. South Florida Water Management was being controlled by The
Conservancy. It may still be.
CHAIRMAN COLETTA: Mr. Perkins, I'm going to have to ask
you to wrap it up with one more sentence, and then we're going to
have to move on.
MR. PERKINS: Right. The lobbyists and the lawyers are the
ones who instigate this stuff. So, please, people, stop being a bump
on a log. Start paying attention, because your kids' and your
grandchildren's futures are in front of you. Thank you.
CHAIRMAN COLETTA: Thank you, Mr. Perkins.
MS. FILSON: The next speaker is Mr. Ken Thompson who will
be followed by Ty Agosten.
MR. THOMPSON: I'm Ken Thompson. And, you know, you
bet -- you let -- you let this guy build a house right behind me, and all
this -- you have to give me a few minutes because I ain't all there --
Page 32
January 8, 2002
we're all here, I guess. But he built this house behind me a little over
a year ago, and Eric Schram (phonetic) is a good fella, so I hate to see
him pass away. As a matter of fact, he's the only one that you had
out there that knowed anything. And I went, tried to get the water --
you build a house, dump the water on nobody else. Well, I fought
and fought. I been out there, told John Dunnuck, God bless him.
You moved him on.
I talked to the manager. I don't have nothing against anybody.
But when you start causing me a problem, it's not -- not my property,
but I'm married to the lady that owns it.
And then I went to talk to Tom Kuck. He told me, well, you can
bear with me that we can hold them again -- we can hold them, but
they have to fix it.
Well, I went to talk to Noble. He don't know nothing neither.
So I talked to Dan Roland, Don Roland -- I don't know what his name
is; he's the guy -- he said go, you get further. I meant, these people
don't know nothing. So I got Stan out there. He's standing in water
this deep (indicating). He goes with Michelle Arnold with me out
there, and he says Miss Arnold is saying, "Well, you know, Stan,
we've got water all over Collier County, hadn't we?" Well, we're not
talking about Collier County. We're talking about the house you built
behind me.
So I got a call from Mrs. Arnold, and I was told that the man
said if I wanted to build, I get a swell built around this house, I would
have to buy the dirt and do it myself.
So I talked to the lawyer, and he told me, don't dump no dirt on
this property. I got a big hole in the fence. I was going to get and do
it anyway. Now I ain't going to do nothing. So I'm -- I just felt, well,
maybe I'll just go ahead and do it.
So I bought the dirt and dumped it on the -- this -- this lady's
property. I went ahead and worked Saturday and Sunday night and
Page 33
January 8, 2002
day, and, boy, it's cost me some operations. I'm telling you, I go out
one night and run into another one, and I'm headed again the 14th.
But I did the man a good job. I got it all swelled. But I'd like to
know how Collier County Code Enforcement can pass something that
zoning is supposed to do. So I did the man a good job, and -- and
what is built there is beyond me. I meant, it -- it is just terrible.
And then, Mr. Carter, you went around, and you spent $60,000
of taxpayers' money, which was all right, about the sign, and you
remember that. That was a good idea. At least you can go down 41
and see nothing but trees except nothing but a bunch of billboards. I
like that. And -- but now Bayshore Drive, you got Miss Arnold
coming out and where my living room is, she's sticking billboards up,
billboards here, we'll build you a fine restaurant. Hell, I don't need
no more restaurants on that Bayshore Drive. We don't need nothing
on Bayshore Drive. I tried to buy a tank gun from you one time
before. Remember that? I was going to aim it right down there on
that canal, and I had the money to buy it, and I wish I had.
But, now, you outlawed pole signs. You did it. So this pole
sign is the rottenest-looking thing you ever seen in your life. And
banners, they give him banners now to fly on the pole sign that light
up at night. I'm not calling any names.
But, anyway, if you're going to do one one way, you're going all
around. I go to Perkins a lot to eat breakfast. And right next door
this guy put in a nice car wash. He put -- put a banner way in the
back there. You never will see it hardly. And here comes code
enforcement and rip it down. They made him take it down. Why
would you make him take his down and this is lit up like a Christmas
tree? Anytime you got to light a bar up in Collier County, you're in
bad shape. You're in bad shape. You don't light bars up. You
shouldn't even light a restaurant up. As many people as are here,
you'll stay busy anyway.
Page 34
January 8, 2002
CHAIRMAN COLETTA: Mr. Thompson, I'm going to have to
ask you to start winding it up.
MR. THOMPSON: Okay. Well, I figured that. And then
Mr. Oliver -- Tom Olliff over here, he -- he did the best thing I ever
seen in my life. It's about the EMS. You sure get on his back. He --
you need some more people over there to tell EMS what to do. I
wouldn't ride that thing if my life depended on it. As a matter of fact,
I've turned them away several times. I wouldn't get in with them. No
way would I get in it.
But if you're going to do -- and then you got Don Hunter. You
know, you need a hundred percent of the people. I've never worked
so hard in my life to get the sheriff put back on Bayshore Drive. He
won't put nothing on Bayshore Drive. He's going to do what he
wants. Right here this man's talking about taxes. I could -- I could
run this whole world on the -- on the damned money that this man's
getting.
CHAIRMAN COLETTA: Mr. Thompson, I'm going to have to
ask you to -- a closing sentence and --
MR. THOMPSON: Okay. That's it. And I wish you-- I wish
you'd have a talk and cut his money off. Cut his money off. Bin
Laden's 20 million miles away from here. He had the damned money
spent on bin Laden. As far as the flags, this man needs to go look
down 41. He saw all the flags you want to see.
CHAIRMAN COLETTA: Thank you very much,
Mr. Thompson. The next speaker.
MS. FILSON: The next speaker is Ty Agosten, and he will be
followed by Justo Morera.
MR. AGOSTEN: Good morning, ladies and gentlemen. My
name is Ty Agosten, and I live in endangered Golden Gate Estates,
and I'm speaking for myself.
I want to refer to the next item on the agenda which is a request
Page 35
January 8, 2002
by The Conservancy of Collier County for the -- for your board to
consider a resolution supporting Florida Forever program funding. In
view of the fact that the state and the governor has made some rather
drastic cuts in many vital areas, such as education, healthcare, and
what have you, for you to support something about Florida Forever, I
didn't think Florida was going away anytime soon, but be as it may, I
figured I don't think you should get involved in that issue.
Next item, I wanted to respond to Mr. Carter's legacy of this
county commission. And, to be perfectly honest with you, the first
thing comes to my mind is that 26 percent increase that you have
imposed on a county, and it wasn't enough. In addition to that, you
have what I could call conspired with the largest developers in the
county to hustle the taxpayers for an additional half a percent sales
tax. So I'm not exactly sure whether I would be proud of that type of
a legacy.
Going on to the Miller Boulevard Extension -- and I don't live
anywhere near the area. But I've seen it, and I have heard many
stories. And it boggles my mind that none of you can stand up
against the state and the various environmental concerns that are
essentially taking people like this gentleman (indicating) who went
out and fought for this country and at the same time we're making
Miss Payton, who is the Wildlife Federation chair, the person of the
year. Kind of leaves me loose.
You have inherited an ethical burden from prior county
commissioners who have prohibited putting power lines in southern
Golden Gate Estates. There were at one time 19,000 property holders
there who were essentially financially raped by the state. Right in
this room a representative from the State Environmental Protection
Agency have promised there will never be an eminent domain
proceedings against those property owners. Well, lo and behold,
those eminent proceedings -- eminent domain proceedings are being
Page 36
January 8, 2002
-- taking place right now.
So, in addition to taking people's property away and essentially
raping them -- and we're talking about little people. We're talking
about people owning 2 1/2 to 5 acres of land which they bought for
$10,000 with 500 down and whatever. And the commission couldn't
stand up against large developers, but they were -- sure allowed these
poor people to get financially raped. And I really have a hard time.
If you are elected by the people and for the people, you are not -- you
know, you should essentially look at this as you -- maybe with a little
more care and concern for them. I had a little Cuban guy sitting next
to me in one of those chairs. He was telling me that he paid $10,000
for a piece of land down there, and the state offered him 700. So this
is not a story from out of nowhere. This is a fact.
So I would plead for you to do everything to protect people like
this gentleman and all the other ones that still live down there, just
out of human kindness and fairness. Thank you very much.
CHAIRMAN COLETTA: Mr. Agosten, I have to reply to that.
I -- the implication is that we're not doing anything. And I -- I don't
know. I've been out there numerous times talking to landowners, and
I haven't seen you yet. And I've also been out there when the trees
were torn up and helped plant them, replace them.
The idea is not we're in confrontation with the -- with the
Wildlife Federation or The Conservancy. We're working with them
to try and reach an accord. And I assure you that this is a very
important issue for this commission. If it wasn't, this would have
been given up a long time ago.
MR. AGOSTEN: I'm an innocent bystander here. These are
just my remarks in terms of what I see happening, not just now, but
prior commissions. I spent Tuesday over here watching you guys. I
don't mean you. I mean your predecessors. And some of the things
that happened is outrageous ethically, legally, and otherwise.
Page 37
January 8, 2002
CHAIRMAN COLETTA: Thank you very much.
MR. AGOSTEN: That would not happen with someone with a
lot of money behind them. It happened to this little Cuban guy who
was ready to cry.
CHAIRMAN COLETTA: Thank you very much, Mr. Agosten.
MS. FILSON: The next speaker is Justo Morera.
COMMISSIONER CARTER: Mr. Chairman, may I interrupt a
second? We have a time certain at 10 a.m. this morning, I believe.
CHAIRMAN COLETTA: How many more speakers are there?
MS. FILSON: Two more.
MR. MORERA: I'm going to be real brief.
CHAIRMAN COLETTA: Please, go ahead.
MS. FILSON: He will be followed by Stanley Fogg.
MR. MORERA: Good morning, Commissioners and everyone.
My name is Justo Morera, and I happen to own property, as you-all
know, out with the rest -- where the restoration is going to be, and I'll
be affected by it. I was not against this restoration as long as the
access would remain the same. But today I totally changed my mind,
and I wanted to go on record.
I am totally against the restoration, and I would-- I would
explain why when the time comes, okay. Like I say, I'm going to be
brief.
What I would like for -- to ask the commission is, also I
understand is we're going to go to trial?
CHAIRMAN COLETTA: (Nodded head.)
MR. MORERA: Okay. Good. I would like to ask the
commissions to make sure that, if it's possible, we have TV coverage
on Channel 54 or on any other channel for the trial, if you please, you
know, see if you can do anything about that. I definitely --
CHAIRMAN COLETTA: We'll keep you apriced -- appraised
of the situation as it moves forward. Of course, we will.
Page 38
January 8, 2002
MR. MORERA: And, also, I would like to add that at least a
hundred people with interest to the -- to the lawsuit will be
subpoenaed. And if I can assist you with any names or anything, I'll
be glad to do that, and, of course, I'll need the list right now for the
subpoena, but I think that would be fair. Okay? And then that's it.
CHAIRMAN COLETTA: Well, thank you very much.
MR. MORERA: Thank you very much. Have a nice day.
MS. FILSON: The final speaker is Mr. Stanley Fogg.
MR. FOGG: Good morning, ladies and gentlemen. And
congratulations to you, Mr. Coletta.
CHAIRMAN COLETTA: Thank you.
MR. FOGG: I want to add that I'm very concerned about this
Miller road thing, as a citizen of Collier County. But I also want to
tell you that, Mr. Coletta, I know you have been very involved in this
Miller road operation, and you've done a lot, because I -- I'm here,
actually, representing the Jesse Hardy agricultural farm, which is
underway of being created now.
I was here before. I gave you all the reasons why I thought the
reason should be open. I think you've heard many other stories, and I
just hope that you continue to support the people of Collier County.
Thank you.
CHAIRMAN COLETTA: Thank you, sir.
That's our final speaker?
MS. FILSON: Yes, sir.
Item # 10G
PRESENTATION REGARDING RESULTS OF THE SPECIAL
LEGISLATIVE SESSION AND UPCOMING 2002 REGULAR
LEGISLATIVE SESSION- PRESENTATION ACCEPTED AND
LETTER TO BE PREPARED WITH SET PRIORITIES
Page 39
January 8, 2002
CHAIRMAN COLETTA: Then we'll move on to 10(G).
MR. OCHS: Good morning, Mr. Chairman, members of the
boards. Leo Ochs, Assistant County Manager. A couple of months
ago the board entered into a contract for professional lobbying
services with Arnold & Blair, Limited Corporation. Mr. Keith
Arnold, the principal with that firm, is here this morning to make a
brief presentation to the board to summarize the highlights of the
recent special legislative session and to provide a brief overview to
the board on the coming regular session that will begin later this
month. I'll call on Mr. Arnold at this point.
MR. ARNOLD: Thank you, Mr. Ochs. And I have some
handouts for you, if I may. And there should be some for -- for
public record purposes.
Mr. Chairman, members of the board, my name is Keith Arnold.
And I'm a member of the firm Arnold & Blair. And I would like to,
first of all, tell you how pleased I am to be able to work with you in
the upcoming legislative session. I may work in Tallahassee, but I
live just up the road in Fort Myers, and I certainly listen to and hear
of many of the issues you deal with. And as an aside, my family first
settled here in the 1870s in what's now Collier County, and we still
have family who live down here in Naples and south Collier County.
And so from a very parochial standpoint, I'm very interested in many
of the issues that you face and clearly would enjoy the opportunity to
work with you as you face these issues in Tallahassee.
Let me just say a couple things about the special session and
then kind of lead into a wrapup of that in what I perceive the
dynamics will be in the upcoming regular session as the legislators
head to Tallahassee two weeks from today to begin the -- the next
session of the legislature.
The legislative session just concluded around the budget cuts
Page 40
January8,2002
which you're all familiar with. But essentially $1.3 billion was cut
from the State of Florida's budget. Most of the -- those funds came
from two or three areas of public service. Most notably, education,
approximately 2 1/2 percent of education funds were cut or about
$309 million of general revenue funding was cut from education.
And then another 147 million was cut from human and health-care
service areas. Both of these -- of course, both of these areas will have
dramatic impacts ultimately on the people you serve. And ultimately,
obviously, as this commission embarks upon its own local legislative
agenda, obviously you'll want to keep in mind where the state may be
headed on some of these issues.
I, as I said, have had the opportunity to watch this commission
from just down the road and many of the issues that you have dealt
with, most notably in the area of transportation and human services.
And clearly you've been very proactive in trying to determine ways to
fund these issues here at the local level. As Tallahassee struggles
with their own budget issues. These issues and your concerns are
going to, of course, be more paramount, and ultimately the resolution
you reach at the local level will have more dramatic effects as
Tallahassee struggles to deal collectively with these issues.
Another $155 million was cut from the general government--
excuse me, the criminal justice budget with about 57 million cut from
general government and 39 million from transportation and economic
development. Of course, again, I am aware of some of the initiatives
that you've embarked upon dealing with transportation funding. And
obviously as Tallahassee struggles to balance its budget, those issues
will have significant ramifications on your own transportation
funding initiatives, which, again, underscores the need for us to work
together collectively between local and state governments.
Just so -- setting the stage a bit, if you will, between what I see
happening in Tallahassee, the variety of issues which the legislative
Page 41
January 8, 2002
delegation is getting ready to -- to deal with, clearly this year is a
unique year. They're beginning their legislative session in January of
this year. Normally that's in March. The reason they're doing so is
because of reapportionment. As you know, the Constitution of this
state, in fact the Constitution of our United States, requires states to
reapportion themselves every decade after the census.
This year our legislators will struggle with that process. And
that's a very difficult, intense process which is both partisan and
personal to the legislative representatives that you and I will be
dealing with.
In the reapportionment session of 1982 and 1992, those
reapportionment sessions went for about five or six months apiece. I
can assure you that in all probability our legislative delegation will be
in Tallahassee for an extended period of time this year dealing with
that legislative issue.
Compat -- confounding some of the issues that you're interested
in will, of course, be the dynamics of the budget itself. In this
morning's paper in Fort Myers, clearly there were more economic
trends coming out of our nation's capital which would indicate that
the economy is not improving an awful lot. That will, of course,
affect the State of Florida. Our revenues are most notably dependent
upon the sales taxes. It's very sensitive to the economic situation the
country now finds itself in. And unless something changes
drastically, I think that the -- the revenue picture in Tallahassee is
going to be very difficult. It's going to be very lean. And so some of
the issues that you're interested in will be that much more difficult to
have funded in Tallahassee based upon those dynamics.
And then, finally, the third issue which I think is an issue which
needs to be underscored as we begin the legislative session in two
weeks is the issue of tax reform. Clearly many of you individually
are dealing with this issue, again, at the local level and looking for
Page 42
January 8, 2002
innovative ways to fund some of the initiatives that you have. But
tax reform is going to be an issue which Tallahassee will deal with
significantly this year, most notably in the area of-- of sales taxes.
Senate President Leader John McKay out of Bradenton has indicated
that he is going to push for a whole review and, perhaps, even a
constitutional amendment dealing with sales tax reform in this state.
I didn't mention it in my introduction, but I think most of you
know that I had the pleasure of serving in Tallahassee for many years
as an elected official, for 16 years, in fact. And in the late '80s we
went through this same argument of sales tax reform. And it's a very,
very difficult issue for our legislators to wrestle with. It is, of course,
the main source of funding for the State of Florida. And I would
suggest that you do have a vested interest in the outcome of that
discussion and will want to be involved in it very clearly.
Where that goes is anybody's guess right now. The House has
suggested some resistance to that discussion. The governor has yet to
weigh in on it, and I don't know exactly, you know, where he'll be at
this point. But clearly it's a very, very difficult issue given the
economic parameters we all find ourselves in not only as a state but a
nation right now. And that all ultimately comes down to you at the
local level.
I -- I know that sometimes it can seem that folks in Washington
and Tallahassee are -- are insensitive as to how these issues affect
you at the local level. But everything does ultimately roll downhill.
And, of course, all of these issues will have significant impacts on the
discussions that you've already engaged upon in the area of
healthcare finance, transportation finance. And ultimately the
decision will be yours as to what you want to do at the local level.
My job, as I see it, is to help you deal with those state issues,
help provide more alternatives for you at the local level, help provide
economic assistance where possible, and certainly try to represent, as
Page 43
January 8, 2002
best I can, your interest in Tallahassee.
Just a couple of issues that I want to go in specifically. And
then, Mr. Chairman, it probably would be appropriate to take some
questions or, perhaps, a discussion between the -- the board and I as
to where we might head on a couple of these issues. But I have had
the opportunity to meet with many of you and certainly to meet with
your staff on several occasions and to look at the legislative items
you've identified that we need to be talking about in this legislative
session.
Fortunately, transportation in -- in a specific project at the
Golden Gate Parkway expansion, that has been identified by the state
in the Transportation Outreach Program, the TOP's program, as a
priority. And that program is ranked sufficient enough that hopefully
we can get funding this year for that particular project.
I would remind you that there is a great amount of consternation,
both in the Department of Transportation and in particularly the
House Transportation Appropriation Subcommittee as well as in the
governor's office about the ranking of those particular items on the
TOP's funding list. And so while we have a very good ranking for
Golden Gate Parkway which came out of TOP's ranking process, the
ultimate decision, of course, lies in the hands of the legislature. And
you and I will want to be working closely with the legislative
delegation to make sure that that particular project is ultimately
funded.
You've also -- and, of course, I'm aware of your-- your own
struggle to fund local roads here. I see it in Fort Myers. I see it in
Lee County, and, of course, I see it down here. Obviously,
transportation funding at the local level is critical for -- for all of us in
Southwest Florida. And I commend you on your aggressive and
proactive stance to try to deal with these issues. They are difficult.
And we are all mindful of what the voters have suggested in the last
Page 44
January 8, 2002
referendum in November in this county.
If we can provide you some alternatives, that may, in fact, help
both the local residents. It may, in fact, help you deal with the
transportation issue. And one of those alternatives that I've heard
talked about a bit is allowing the tourist tax or a one cent -- a portion
of the bed tax to be utilized for transportation funding. That's an
initiative which at least has been considered by the Florida
Association of Counties. I would encourage you to work closely with
that association in trying to help them identify that as a top priority, if
in fact, it's where collectively this board would ultimately like to go.
And it seems to me reasonable that we ought to be allowed to
use tourist development dollars, to some extent, to relieve tourist
transportation. Particularly as -- as I was driving down here this
morning, I'm reminded of-- of how all of us in Southwest Florida see
such a surge in transportation problems during the winter months.
And so if this is an area that you want to focus on, we need to work
with both our -- our delegation, again, as well as the Florida
Association of Counties in highlighting this as a potential option.
Another option is indexing the gas tax. Again, in the late '80s
when we embarked on the discussion of a sales tax -- of sales tax
reform in Tallahassee, we ultimately ended up with indexing the
transportation tax with the State of Florida. It seems to me that we
ought to be able to do that for local governments as well. Right now
your gas tax is based upon a specific per-gallon amount, and it is not
indexed, so there is no CPI or inflation increase. And, of course,
you've been limited to that particular amount of taxes for a long time.
Finally, I would encourage you to consider carefully before you
adopt a real estate transfer tax. I see that as very difficult and perhaps
improbable in this legislative session. While it has been suggested by
some -- and the Florida Association of Counties has, again, looked at
this as a potential transportation funding option -- it is not without a
Page 45
January 8, 2002
lot of controversy. And so consider that one carefully as you -- as
you move forward in your deliberations.
Mr. Chairman, I know that particularly in the area of healthcare
finance and in transportation finance, these are paramount issues to
this board. I really look forward to working with you on these issues.
I certainly, again, understand the local implications of these issues as
it relates to -- to your constituency, and I thank you for the
opportunity to not only speak to you here today but, more
importantly, to work with you for favorable -- favorable resolution to
some of these issues in the future.
CHAIRMAN COLETTA: Questions from the board?
COMMISSIONER CARTER: Mr. Chairman, if I might,
Mr. Arnold, in terms of transportation, we know there's four items
and one -- the one on the tourist tax and one pending was initiated by
Commissioner Coletta and myself at the FAC, that it's moved to that
-- to that point on the scale where it might be under active
consideration to pursue. But if we look at the four categories you
mentioned under transportation, correct me in this, but I would think
the indexing would be the simplest one for us to get through the
legislature. It seems to me like that's the least amount of difficulty
being encountered there on the indexing side.
The second one, perhaps, would be a chance of at least getting
the thinking started would be on the tourist penny for consideration.
The third one that we haven't talked about is the 7 percent
administrative fee that has gone historically into an incentive fund
that was initiated by Representative Goodlette. Now, that seems to
be getting shifted and deferred. And our recommendation was to take
that 7 percent and return it to the county of origin. And I think that
administrative fee, if we could recapture that back into Collier
County and use for transportation, it would be of enormous benefit to
this -- to this -- to this county. I don't know where that stacks up. I
Page 46
January 8, 2002
heard what you said about the last one, the real estate transfer fee.
And because the real -- I'm sure the industry in Florida realtors will
not be out there embracing that and giving it a big hug because
they're not -- they're not going to go for that one. So maybe that is
the lowest percentage chance we have. But I would like you to
comment on the one on the 7 percent administrative fee and what
opportunity you would see for us to get the legislatures to consider
that and what -- what chance we might have to get that to happen.
MR. ARNOLD: Sure, Commissioner Carter. I do believe your
ranking of those transportation possibilities is, in fact, reflective of
the political realities in Tallahassee. Clearly the transfer fee is an
idea which has been considered before. There are real estate transfer
taxes which are imposed in the State of Florida, documentary stamps.
Generally speaking, doc stamps have not been used for roads. But
clearly any expansion of transactional fees associated with real estate
is going to be highly contentious and highly controversial in
Tallahassee. And I think of all of the options we talked about, it's the
least likely politically.
Looking at the other three options, the most likely or the most
feasible seems to be the indexing of the existing gas tax as it applies
to the local level. That indexing has occurred for the state in its
application of its own gas tax to a gallon of gasoline. Why can't we
do the same thing at the local level? And it sort of begs the question
as to why wasn't it done in the late '80s when we -- the last time we
looked at this issue.
In terms of the -- the tourist development taxes being used for
transportation, I think the opposition to that or the potential
opponents to that are obvious. In many areas where there is a
significant amount of tourism congestion, you might find that the
tourism industry will, in fact, support utilization of TDC revenues for
transportation. Where Disney falls, where Universal falls, where
Page 47
January 8, 2002
Anheiser Busch falls on these issues is at this point unknown. But
clearly when we look at those three huge tourism players in the State
of Florida, they have their own transportation issues. And it is
conceivable that the tourism industry generally might, in fact,
embrace the utilization of TDC revenues for transportation purposes,
particularly in those areas that -- that tourists frequent in the winter
months.
Going to the last issue, the administrative fee in the
Transportation Incentive Program, there is no doubt that that program
has taken a back seat more recently to the TOP's program. The
legislature has freed up a significant amount of revenue annually,
about 100 to 120 million dollars on an annual basis to be spent for
roads at the local levels. Fortunately for this county, a good friend of
this commission's and of mine and of this county's chairs that
particular committee, and he's been very, very sensitive to the issues
affecting Collier County in the Transportation Outreach Program this
year and has the potential to be very beneficial to Collier County.
That -- that TIP, Transportation Incentive Program, seems to be
-- and I -- and I don't want to speak for the legislature, but it seems to
be taking a back seat to the TOP's program. And ultimately this year
the success of that program is going to be dependent on legislative
funding and whether or not the legislature would continue it. A lot of
those proceeds from that particular funding program are used for
right-of-way expansion. I would hope the legislature would continue
to embrace already the good work that -- that Representative
Goodlette has embarked upon, but that's unknown. And it doesn't
seem to be a major reliever of some of the big transportation issues
that you're looking at, unless, of course, it receives some
reprioritization from the legislature this session.
CHAIRMAN COLETTA: Mr. Arnold, if I may comment on
some thoughts that I have, I think it's imperative that each
Page 48
January 8, 2002
commissioner here on his own establish a rapport with Carol Green,
Dudley Goodlette, Burt Saunders, Ralph Lazar, and Mr. Spratt up
there in LaBelle. On your own, take your time to meet these people
and seek them out every now and then so you can touch -- touch them
at that point in time that we need them.
Also, I would encourage you to participate in the Florida
Association of County legislative day that takes place in February.
It's very important that you start the process going. And I -- I think
you would agree that the commissioners here in your -- need to
interreact with the legislative body to some point because you're one
person, and it might help if we could go up there and appraise the
situation, interreact on our own on maybe a couple of days during the
session.
MR. ARNOLD: Mr. Chairman, if I may, I would absolutely
agree with you. I'm not here to -- to supplant the efforts that you've
already embarked upon as a -- as a -- as county commissioners and
collectively as a commission body. I'm here to work with you. I -- I
think collectively we can certainly make more progress on some of
these issues than we can working separately. Clearly the local
legislative delegation of which there's one member you left out, Mr.
Chairman, Senator Saunders, but in addition to the ones that you
mentioned, as well as Senator Saunders, each of you I would
encourage to be actively involved with the Collier delegation, as well
as, frankly, the Lee delegation, in -- in looking to them for help on
these issues that really affect us all pretty much the same. And I
think you'll find a sympathetic ear with the Lee delegation members
as well. I will also say that there will be times that I really feel that
local government input in Tallahassee is critical. I can represent you,
but I'm not you. And so the voice of the elected body is going to be
important to be heard in Tallahassee from elected representatives.
CHAIRMAN COLETTA: Mr. Arnold, could you help to
Page 49
January 8, 2002
coordinate our efforts when we go to Tallahassee so we could reach
out and touch the people that are critical to our efforts here in Collier
County to get the representation that we need?
MR. ARNOLD: I would be happy to, Mr. Chairman.
CHAIRMAN COLETTA: And also, too, I would suggest
through the Southwest Regional Planning Florida Commission that
we put together with the help of Wayne Daltry, a coalition of Lee
County and a couple of other counties so that when we go to the
Florida Association of County meetings next year, that we can help to
make sure that our agenda items are carried forward. This -- this year
we were successful to some limits, but I think Mr. Carter would agree
that it was more straff-- staff driven than it was from the floor. And
I think if we were able to coordinate an effort through the association
-- through the Southwest Regional Planning Council, we might be
able to have a much more magnificent effect over what's going to be
the outcome.
COMMISSIONER CARTER: Mr. Chairman, I would agree.
And I would -- I would like to continue, with the pleasure of the
board, to be a point person or liaison with all of these governing
agencies, I mean, not only the state, but we've got congressional input
and impact here too, for the best interests of Collier County. And if
that's your pleasure, the pleasure of the board, I'd like to continue to
participate in that role.
CHAIRMAN COLETTA: Personally I think you've done an
excellent job and try to involve each one of these board members as
much as possible.
COMMISSIONER CARTER: Yes, absolutely.
COMMISSIONER HENNING: Jim, for the rest of the board
members that would like to speak, I support Commissioner Carter's
efforts working with Tallahassee and the congress.
COMMISSIONER CARTER: Thank you, Commissioner
Page 50
January 8, 2002
Henning.
COMMISSIONER HENNING: And I think we need to keep
abreast of what Senator McKay has to offer about tax -- sales tax
reform and, at least, if the House and Senate are not going to take the
initiative to be responsible for having enough money for the
programs, then possibly taking a look at the sales tax exemptions and
bringing it to the citizens of the State of Florida for consideration of
-- I know one idea was taken from a 6 cents to a 4 cents and doing
away with the exemptions. It's a political-charge issue. And if they
don't want to deal with it, let -- let's take it to the citizens. Let them
decide.
COMMISSIONER CARTER: Commissioner Henning, you're
absolutely right on that one. I listened to Dudley Goodlette run the
numbers on this. And if you reduced it down to four and eliminated
many of the sacred cows -- now, we're not talking about food, and
we're not talking about medical services, but we're talking about the
other sacred cows out there -- that you could reduce it to four and
then end up with as much or more than than you currently have
today. If you kept it at six, eliminated the sacred cows, you would
have the shortfall and revenues picked up by the State of Florida to
do what we need to do.
So I think Senator McKay certainly is taking a courageous point
in trying to initiate tax reform. What will survive the sausage-making
process, I don't know. But it's certainly worth taking a hard look at.
COMMISSIONER HENNING: And if you could keep us
abreast on that issue and Senator McKay's efforts, maybe we can
support some other efforts of-- of-- if they don't want to make the
decision, let's take it to the people.
COMMISSIONER CARTER: Okay.
CHAIRMAN COLETTA: Commissioner Coyle, do you have
anything?
Page 51
January 8, 2002
COMMISSIONER COYLE: Yeah, just a comment. I think I
earlier heard Mr. Arnold ask for guidance with respect to priority on
these items. The board members have already discussed them. I just
wonder if you still require a consensus of board concerning the
priority of the items that the board has discussed.
MR. ARNOLD: Mr. Chairman, if I may, Commissioner Coyle,
the -- absolutely. And just to -- as a -- as a way of logistically dealing
with this, first of all, I would encourage each of you individually to --
to work with me, to call me, to bounce ideas off of me and -- and I
will want that, and I need that as I prepare myself for Tallahassee and
representing your interests. But I like -- likewise would like to know
that when I am dealing with you, whether it's on an individual basis
or ultimately on whatever issues it may be that ultimately if I'm
taking a stand in Tallahassee, I would like to know it represents at
least the collective body of the wisdom. And so -- I mean, there --
we have to be flexible there, and I'm not suggesting that -- that you
need to adopt a resolution every time we work on something, but I
need, generally, to understand that this is collectively what the body
wants, because you want that in Tallahassee.
CHAIRMAN COLETTA: This is why it's going to be important
you come back before this commission on a very regular basis
because, of course, we can't collectively meet outside of this room.
MR. ARNOLD: Correct.
COMMISSIONER COYLE: Could we -- could we get a sense
of the commission today that the priority should be essentially the
priority that has already been outlined with the -- with the property
transfer tax being well down on the list?
COMMISSIONER CARTER: Well down on the list. But I
think what I hear you saying is -- Commissioner Coyle, is that
transportation is one of the number one, if not the number one,
priority underneath our growth management overall goal in this
Page 52
January 8, 2002
county. So subsequently I think our interaction with the legislature is
to look at that list of possibilities that will assist us in meeting our
number one priority in Collier County.
So if I'm hearing you right, Commissioner, transportation in
rank order of those four, and then we need to look at is tax reform the
next one, what about healthcare in terms of what are we going to
protect on that basis, what are our chances to affect any of that
legislation as I'm listening to him and never losing sight of that great
thing called redistricting of which the legislature is going to spend an
enormous amount of time on. And if we don't do double time on that
one, we're in big trouble because that affects us for ten years.
COMMISSIONER FIALA: Well, I'm going up to the FAC in
February and -- and during legislative days just to do that, to talk with
everybody I can in favor of the redistricting, keeping us as Southwest
Florida instead of cutting us up into pie-shaped little pieces.
COMMISSIONER COYLE: Right. Well, if I could just recap,
it seems to me that the items that the board discussed and the ones
that have been brought up before by Commissioners Carter and
Coletta include the indexing of the gas taxes, the use of tourist taxes
for infrastructure, somehow getting a portion of the 7 percent
administrative fee returned for the prop -- for purpose of-- of
infrastructure, and investigating the reduction of the sales tax to 4
percent and eliminating exemptions. Is -- is that a fair statement of
the priority that the board would like to see? And is that the way you
see it?
COMMISSIONER CARTER: I don't know. I think looking at
the tourist -- maybe you said that, tourist tax, did you put that in
there?
COMMISSIONER COYLE: Yes.
COMMISSIONER CARTER: I'm sorry.
COMMISSIONER COYLE: It was No. 2 --
Page 53
January 8, 2002
COMMISSIONER CARTER: Number 2.
COMMISSIONER COYLE: -- after indexing the gas taxes
but--
COMMISSIONER CARTER: And the real estate transfer tax
may be dead on arrival.
COMMISSIONER COYLE: Yes.
COMMISSIONER CARTER: So that is .just when it's there that
if' it ever gets some legs, we can support it. That makes -- makes a lot
of' sense to me. That's -- that's where we need -- need to be, along
with the TOP's program to find out -- that's key here. There's some
real struggles going on in the legislature over what that advisory
group did in terms -- they didn't save their notes; they didn't do this.
And there's -- and more of' it, I think, is politically motivated than is
-- concerns with who kept notes. I mean, that's the smoke. It's just
that some folks didn't get what they wanted out of. that, so they're
coming back and trying to carve it out of'-- out of' people like Collier
County. And that's where we've got to get in there hobnail, boots,
and fight.
MR. PERKINS: Here, here.
COMMISSIONER COYLE: Did you get what you wanted?
MR. ARNOLD: I think I did, Commissioner Coyle. And ir'that
represents a consensus of. the board, then it certainly gives me some
parameters to work with. The only caveat I would add to that is,
obviously, when you look at the sales tax issue, that is a massively
broad, enormous issue of. great political, you know, ramifications. I
think, generally, what I -- I don't want to put words in your -- in your
mouth, but what I'm interpreting your proposal or your motion to be
is that we review the sales tax exemptions with no specificity tied to
any specific exemptions at this point, but the legislative process
should engage in some sort of. review of' the tax structure with
elimination o£ those that don't make sense. And, obviously, as your
Page 54
January 8, 2002
constituents come before you and say this one does make sense or
this one doesn't make sense, you can amend it at a later date.
COMMISSIONER COYLE: I think we understand the
complexity of the sales tax issue, and I think we understand it will
just take you a couple of weeks longer.
CHAIRMAN COLETTA: You're going to give him two weeks.
I thought that was very generous. I think we've got an interesting
concept here. What we need is a point person to be able to keep the
sales tax issue -- to be able to work on it -- no, I'm serious -- on the
commission. Well, I was thinking Mr. Henning brought it up first,
and he might wish to pursue this over the next couple of years, just to
keep us appraised of what's happening.
COMMISSIONER HENNING: I'll keep an eye on what's
happening in Tallahassee with our representive.
CHAIRMAN COLETTA: Thank you. That way, then, you
could report back to us as things progress. And with that --
MR. ARNOLD: Do I understand Commissioner Coyle's
suggestion to be a motion and a formal adoption of those issues or a
recognition or --
COMMISSIONER COYLE: Consensus?
COMMISSIONER CARTER: Board consensus?
MR. ARNOLD: A board consensus or --
CHAIRMAN COLETTA: Mr. Olliff?
MR. OLLIFF: Mr. Chairman, I do want to make sure that we
continue to remember that there was a legislative delegation package
that was put together previously by the board and approved that
included a lot of-- of minor issues that you've not talked about this
morning but some language changes to some -- certain animal control
statutes and some other things like that that we've actually submitted
bills for, and I think as a board you would want to continue to support
those issues that you've already previously approved.
Page 55
January 8, 2002
The other issue is in terms of if-- if you're actually going to start
priortizing these transportation funding revenue options in terms of
what's more important or what's -- realizes the greater return for
Collier County -- your -- your transportation administrator and
Mr. Arnold will probably verify this -- would indicate to you that that
administrative fee issue is probably more realistic and has a greater
impact for us in terms of this coming session than the possibilities of
actually getting an additional penny or expanding the uses of the
tourist development tax in this current session. I think it's something
clearly still on the plate, something we continue to want to push, but
the reality of actually getting that approved in this session as opposed
to the administrative fee, it's just a switch in terms of your priorities
that we would recommend as your staff.
CHAIRMAN COLETTA: So the suggestion is we stick with
the original program rather than trying to come up with a short list at
this point in time.
MR. OLLIFF: No. I think you need to continue to stick with
your previous package, but also I think Mr. Arnold was looking for
some direction on these specific transportation funding issues. And I
think what we're recommending to you is, if you're looking for a
prioritizing of those, it would be the indexing of the local gas tax, the
CIG administrative fee being returned to local communities as your
second priority and the TDC item as your third priority.
COMMISSIONER CARTER: Mr. Chairman, I would say
again, based on what you have given to me, direction and support, I
would set with staff, Mr. Arnold review all of that and then come
back in a FYI memorandum to the board. And then if there's need--
and we probably will want to have some discussion on it, that we
could do that so we can incorporate everything that you have said
here this morning in working with Mr. Arnold and then say this is
what we think -- I think I've heard everybody say this morning and
Page 56
January 8, 2002
this is where we want to go. And then at the next meeting you can
say to me, wait a minute, we want to change this or that, that we can
do that.
CHAIRMAN COLETTA: I see at least four nods on it, four
nods, five nods.
COMMISSIONER HENNING: Do we have enough time?
CHAIRMAN COLETTA: Well, we're moving forward as it is
right now with what we have. Between now and February and when
we show up there, we'll have a pretty good idea.
COMMISSIONER HENNING: We also want to include the
priorities that we gave to the delegation.
COMMISSIONER CARTER: Absolutely. Absolutely. And--
and we will be -- I mean, these are regular sessions. But it looks to
me like we're going to have some opportunities in between where
we're together as a board. And that always can be put into -- as an
update and questions or discussion by the board.
CHAIRMAN COLETTA: Thank you. No other comments?
MR. ARNOLD: I think that's fair and certainly gives me some
direction, and I appreciate that because certainly that is needed as I
go forward in Tallahassee.
And as Mr. Olliffhas already indicated, you did previously
adopt a resolution on these other issues which you took before the
legislative delegation. And, of course, I'm assuming and you're
reconfirming today your commitment to those issues, and those are
ones we'll be working on.
CHAIRMAN COLETTA: Mr. Arnold -- Commissioner Fiala,
go ahead.
COMMISSIONER FIALA: Thank you. I'm just going to get
back, once more, to the redistricting, because I know that right now
we're feeling that it's not going in our direction. And obviously that
means that the dollars that we would like to see coming into our area
Page 57
January 8, 2002
will probably be flowing to other places where they have more
representation.
I was wondering not only what you're going to be doing in
Tallahassee to -- to try and -- and-- and encourage a block to stay
together here for Southwest Florida so we are protected, but I was
wondering what we can do to assist you.
MR. ARNOLD: Thank you, Commissioner Fiala. I -- I can
think of no issue which is -- in Tallahassee which is more intensely
personal among legislators than reapportionment. It is a very
difficult issue. It's parochial; it's partisan; and it's personal. It is
clearly very, very difficult to predict what the outcome of
reapportionment will be.
I think the only thing we can do is continue to -- to evoke and,
you know, respond to our own citizens and respond to our own
desires that Southwest Florida be kept whole. I think our legislative
delegation both in Collier, Lee, and, frankly, in Southwest Florida are
supportive of that.
On the other hand, the law is very clear. These districts have to
be equal. And they have to have minority representation, and they
have to be balanced politically, geographically, and eth -- ethically --
ethnically, excuse me. And so the courts ultimately enter into that
equation in trying to determine what an appropriate balance is. I can
tell you, having gone through this twice before myself, once as an
administrative -- or excuse me, as a employee of government and
once as an elected member of the legislature, it is very difficult.
I will -- to answer your question about what I will do, I will
continue to work with our legislative delegation to respond to the
desires that you've already expressed that Collier County be left
whole. That, I'm sure, is going to be well received by the Collier
County legislative delegation in Lee and, really, as I said, in
Southwest Florida.
Page 58
January 8, 2002
How Dade County responds to that or Broward County or other
areas is really unknown at this point, and I would say that it's
something that I think you, as elected officials, are going to continue
to have to be involved in substantially.
COMMISSIONER FIALA: Well, if you sing to our legislators,
of course, you're going to be singing to the choir. MR. ARNOLD: That's correct.
COMMISSIONER FIALA: I just didn't know how you were
going to be approaching the people on the east coast because they're
pretty solidly wanting to pick apart all of-- we're also a donor
county. And they just love to have our money -- MR. ARNOLD: Donees, yeah.
COMMISSIONER CARTER: The east coast only wants us for
their own selfish gain to put money on the east coast versus the west
coast. I think, cut to the chase, bottom line, realignment, we want
north and south. We've got too many people in Goss's district.
We've got to give up something. We don't want to give it up to the
east.
And the initiative being taken by Republican party, Democratic
party, and all interests in Collier County clearly indicate the position
and the direction we're going. And as I went out as chairman of this
organization, I did send a letter off to the governor that just reiterated
these facts.
But what it's going to take is enormous pressure out of the
communities, e-mailing, writing, calling our delegations all over that
we can work on and the governor. Remember, the governor is a big
player in this. The governor, through the pressures put on A1
Cardeens (phonetic), the state chairman, can have an enormous effect
on what happens here. And does the community have the will to take
the interest to be heard?
And right now, I don't think Governor Bush has gotten that
Page 59
January 8, 2002
much pressure from the community that says do something.
Everybody is kind of sitting back going, oh, well, they're going to
redistrict; so what? Let me tell you I lived with that for ten years.
Do you want to see the money supply dry up from Washington? You
just let them cut us up, and you won't see federal money in here. And
if you don't see federal money in here, how are we going to meet a
20-year road plan? You know, I mean, that's what the bottom line is.
I'm not -- this -- this group understands. It's -- people in the audience
probably understand it. I'm talking to our listening audience out there
this morning. Write them; e-mail them; call them. Make your voices
heard, and we'll do everything we can from our part.
CHAIRMAN COLETTA: All right. Miss Filson, are there any
speakers on this subject?
MS. FILSON: No, sir.
CHAIRMAN COLETTA: I'll entertain one more comment
from the commissioner. Then we'll move on.
COMMISSIONER COYLE: Yeah. I just want to expand on
what Commissioner Carter has said. I -- I really believe that the
driving force behind this -- behind this redistricting is personal, and I
think most of the people in Tallahassee, if I understood Mike Carr
correctly last night, are remaining neutral and just letting it happen.
And I -- I think that the best way to win this fight is to convince the
people who think they're going to benefit by carving up Collier
County that they, in fact, will not benefit, but they will be punished.
CHAIRMAN COLETTA: Backlash.
COMMISSIONER COYLE: And-- and I would like to find--
and I don't have a solution to this. I'd just like to find a way to -- to
get the people to convey that message to -- to our east-coast
representative that -- that things aren't going to be all that great for
him if he starts carving up this county. Mike Carr has already gone
on record as saying he's not going to work for him. And so I don't
Page 60
January 8, 2002
know where that -- that representative would -- would expect to get
his support over here. And I think it will damage him more than hurt
him.
But how do we get that message out? Do you have any
suggestions?
MR. ARNOLD: Commissioner Coyle, I think that is -- I mean,
just as -- you don't have a magic wand to wave there; I don't either. I
would suggest that none of us have seen the real reapportionment
maps yet. Those just haven't been produced.
How do we -- how do we effectively communicate our issues to
Tallahassee? I think it's going to be with the public responding
aggressively, as you pointed out, that there might be retribution. In
fact, if-- if there is a carving up of-- of Collier County to go to other
-- to the east part -- to the eastern part of the state, I think that we're
going to have to actively pursue our interest in Tallahassee with the
elected officials who represent us, try to have some impact on those
who do not represent us, which is difficult, Commissioner Fiala. It is
very, very difficult, because they're looking at their own constituents
and their own communities who are saying something altogether
different than what we're saying. And I think ultimately we also have
to bring in the business community here in Collier County that has
and can have an enormous impact on this. You're right,
Commissioner Carter. The governor has yet to suggest what he
believes on this.
Interestingly enough, the governor does not have veto powers
over legislative reapportionment, although the governor does have
veto powers over congressional reapportionment. And that's a bit of
what we're talking about here. So there is a role ultimately for the
governor to play.
COMMISSIONER COYLE: Would a proclamation by this
board be of any value at all?
Page 61
January 8, 2002
MR. ARNOLD: Oh, I think -- first of all, I think that's just the
first step, and I think you should take that step and listen from a
Collier County perspective, this is not Republicans versus Democrats
or liberals versus conservatives. This is Collier County unanimously
suggesting that we want to be held together in reapportionment next
year. And so I think you have a golden opportunity to embrace those
plans which have been brought to you by both the Democratic party
and Republican party of Collier County and to suggest that to our east
coast friends that carving up this county is not appropriate.
COMMISSIONER CARTER: We did a resolution,
Commissioner Coyle, and took that to the delegation to say we
shouldn't do another one, heck no. I think do it again, we might even
get more specific.
COMMISSIONER COYLE: I'd just like to send it to the
representative across the state, make sure he understands.
CHAIRMAN COLETTA: I think it's an excellent idea.
COMMISSIONER CARTER: I think money and votes is the
best way to get to folks.
CHAIRMAN COLETTA: If I may suggest, do I have the nods
of commissioners to have this brought back? And-- Mr. Olliff?
MR. OLLIFF: Mr. Chairman, just to try to put a string around
this, because I think Mr. Arnold would like to have a little -- nice
little bundle when he leaves here to know what it is that we've tasked
him with, perhaps a motion today that Commissioner Carter and Mr.
Ochs could then craft up into an actual letter for Mr. Arnold that
would clarify all of it for him that the board could look at. And
should you have any exception to the letter, then we could bring it
back at the next meeting. It would allow us to leave here with a
decision being made.
COMMISSIONER HENNING: So moved.
COMMISSIONER COYLE: Second.
Page 62
January 8, 2002
CHAIRMAN COLETTA: I'm suggesting you might warn to
include Mr. Carter will remain the point person.
MR. OLLIFF: Let me -- if I could, I'll just go through the quick
points. I think what we heard today was the board's authorization for
Commissioner Carter to act as the BCC's liaison for legislative
issues; to author-- authorize Mr. Arnold to pursue, in addition to the
previously approved legislative package, specific retention of the
TOPs funding for Collier County's Golden Gate road project; and
pursuing alternative transportation funding of indexing administrative
fees being returned to the local government, TDC funding, in that
order; and, finally, providing updates -- and I would suggest through
Commissioner Henning -- on activities related to sales taxes and
changes to the state sales tax. And with that, I think we could
probably just summarize that, put it in writing for Mr. Arnold with
the assistance of Commissioner Carter and Leo.
CHAIRMAN COLETTA: Is that within your motion?
COMMISSIONER HENNING: Yes.
CHAIRMAN COLETTA: Do I hear a second?
COMMISSIONER COYLE: Yes.
CHAIRMAN COLETTA: We have a motion, a second.
Discussion?
(No response.)
CHAIRMAN COLETTA: All in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN COLETTA: Those opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5 to 0.
MR. ARNOLD: Thank you, Mr. Chairman. I look forward to
working with you.
CHAIRMAN COLETTA: It's been a pleasure working with
you, Mr. Arnold. We're going to take a ten-minute break now. I see
Page 63
January 8, 2002
our reporter -- recorder there is ready for a break about a half an hour
past due.
(A short break was held.)
Item #6B
COUNTY ATTORNEY TO WORK WITH THE CONSERVANCY
REGARDING A RESOLUTION SUPPOPRTING THE FLORIDA
FOREVER PROGRAM TO BE BROUGHT BACK TO THE
BOARD- APPROVED
CHAIRMAN COLETTA: Please take your seats. We're going
to return to the regular agenda now, which would be 6 -- 6(B),
request by The Conservancy of Collier County for the board to
consider a resolution supporting the Florida Forever Program
funding.
MS. HORTON: Hello. My name is Nori Horton with The
Conservancy of Southwest Florida. And we would like the board's
permission to rework this resolution with the help of staff and then
present it at the next meeting, the 22nd of January, I believe.
COMMISSIONER HENNING: Motion to continue?
COMMISSIONER CARTER: Motion to table, is that what I'm
hearing, Commissioner Henning?
COMMISSIONER HENNING: A motion to continue.
COMMISSIONER CARTER: I'll second that motion.
MR. OLLIFF: Well, I think the real request here is whether or
not the board is supportive enough, at least to the concept of this, to
have your county attorney working with The Conservancy to develop
some language on a resolution for you to consider at your next
meeting.
COMMISSIONER HENNING: As long as the funding doesn't
Page 64
January 8, 2002
affect unfunded mandates that come down to Collier County and the
school, I'm very supportive of it.
MS. HORTON: Well, basically, we just want to work to ensure
the protection of Florida Forever funds. As you may know, last year
in the 2001 regular legislative session, 75 million was diverted from
Florida Forever to Everglades Restoration which is a program
independent of Florida Forever. And with the economic crisis of this
year, we're -- you know, we're afraid that that might happen again.
And we'd also like for that 75 million to be repaid in a timely
manner.
I don't know if you know this, too. Florida Forever, they have
rankings, and the A-list projects receive funding. And Collier County
has four A-list projects. And those are Belle Meade; CREW; Save
Our Everglades, which includes the Golden Gate Estates; and
Fakahatchee. And so we do have four programs that receive funding.
And we think it's very, very important that Florida Forever is
protected.
So basically we want to work with staff to come up with a
resolution that protects Florida Forever funding.
COMMISSIONER FIALA: Well, I would like to make the
move that we at least work with staff to form -- to put together a
resolution and then bring it back to us. I would like to make that
motion, please.
COMMISSIONER CARTER: Second.
CHAIRMAN COLETTA: We have a motion and a second.
Discussion?
COMMISSIONER HENNING: Yeah. We already have a
motion. Do you want me to withdraw my motion?
COMMISSIONER FIALA: Oh, I'm so sorry.
CHAIRMAN COLETTA: Your motion was to continue it.
COMMISSIONER HENNING: Right.
Page 65
January 8, 2002
CHAIRMAN COLETTA:
continue. We have a second--
COMMISSIONER CARTER:
depending on which one you like.
Okay. We have a motion to
I seconded both of them,
CHAIRMAN COLETTA: Okay. Motion to continue does not
require staffs participation in any way; that's correct?
COMMISSIONER COYLE: But we can also make it --
COMMISSIONER HENNING: Why don't I just withdraw my
motion.
COMMISSIONER CARTER: I'll withdraw my second.
CHAIRMAN COLETTA: Okay. Then we're back to
commission -- Commissioner Fiala's motion to direct staff to work
with Conservancy, and we have a second for that?
COMMISSIONER CARTER: Yes, sir.
CHAIRMAN COLETTA: And discussion? Commissioner
Henning?
COMMISSIONER HENNING: Does that include that it doesn't
affect any other funding sources?
COMMISSIONER COYLE: It doesn't result in a reduction.
COMMISSIONER FIALA: Doesn't result in a reduction; yes, it
does. They're going to be forming a resolution for us, and it will
incorporate that.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Is that okay?
COMMISSIONER CARTER: Yes.
MS. HORTON: We already have a resolution, but we thought
we could more fine tune it and present it in a more positive manner if
we worked with staff, maybe include some more concerns that you
have in there. But, again--
COMMISSIONER FIALA: So you'll be able to do that with
this resolution?
Page 66
January 8, 2002
MS. HORTON: Right, right.
CHAIRMAN COLETTA: Is there any speakers on this
particular item?
MS. FILSON: Yes, there is. We have three speakers. The first
one is A1 Perkins. He will be followed by Nori Horton. MS. HORTON: I am Nori Horton.
MS. FILSON: Oh, okay. He will be followed by Cathy Myers.
MR. PERKINS: Good morning, ladies and gentlemen. I'm back
again. I didn't go away. Good morning, Commissioners, for the
second time.
I hope you people listen, because we're talking about your
money, your money. Now, as far as this Florida Forever Program, I
wish the cash cow, considered Collier County, to tell Jeb Bush that
no way are we going to support any of this, because they look at us as
a means of revenue. Now, how do you get his attention? Well, I
know how to get his attention, which you guys already know that, but
you need to get his attention.
Now, Jeb Bush and George W. has come here and milked this
place damned near dry. And they'll promise you anything that they
think you'll believe. But when it comes down to producing it, they
kind of side asteps and they forget it. Oh, I can't recall that. You
need to take and get on board this because Jim Carter said it this
morning. We can get the message across if you get their attention.
One way to get their attention is to take -- I suggested it to you. You
said the east coast. Get on public access television over there and
present your -- your situation to the people of Broward, Dade, and
Palm Beach County. It's readily available. All you've got to do is
bend a little arms.
But coming back to this, you want to keep this county and Lee
County in the same districts. Keep it. I'm not going to listen to
somebody from the east coast telling me how I should live my life
Page 67
January 8, 2002
over here, yet I should send my money over there. Come on, people.
Wake up.
Now, The Conservancy. I have no love for The Conservancy at
all, which you guys should know over a period of time. The
Conservancy is a 501-C-3. It's a charity. It's just like the charity up
in New York, the Red Cross. They're a political charity, which is a
no-no. But they get away with it. They're above prosecution.
In your packet this morning I gave you documentation to that
effect. But what happens? They bought them off. They bought it
off. And you're going to find that there's corruption. There's
extortion. There's collusion involved in all of this stuff. Send the
message to Jeb Bush that you're not going to participate because he's
not willing to participate with you guys or his cabinet unless he needs
you for money and for the votes.
Out of their office up there -- and this is a quote, unquote --
Collier County and Lee County is a very powerful political
Republican area who comes up with the bucks every time and comes
up with the votes. You're not going to get that from Broward, Dade,
and Palm Beach. I'll tell you that right now. You need to take and
flex your muscle. You guys got one? Use it. Stop being a little
wimp about this crap with these people because they're not -- they're
going to turn on you the first chance you get, say yes to you,
whatever you're hearing, and turn your back and do whatever they
want. Please, Jim, I hope you take and use the initiative and -- and
get a set of fangs and go after those people up there. They need to be,
just that simple.
With that, I will conclude. I don't think I missed any -- oh, one
other thing. Justo Morera came up with a good idea; get the trial of
Miller Boulevard on television, complete, so everybody can see in
this county where their money's going, who's getting it, and just how
they're manipulating, because when you withdraw property off the
Page 68
January 8, 2002
tax roll, somebody else in this county makes up the difference. Just
that simple. Read the books, people. Pay attention. Go to the
meetings. Please, go to the meetings.
And you've got one thing going -- two things going for you.
And listen up. The only two things you people got going for you is
your voice and your vote. Use both of them. Thank you.
COMMISSIONER CARTER: Thank you. Maybe now you'll
give me your meanest goose you've got on the farm. I'll take him
with me, and we'll rename him the AWAC goose, cut him loose up
there.
MS. FILSON: Your final speaker is Cathy Myers.
MS. MYERS: I thought it was about Sabal Palm Road, the
whole meeting was about that. I don't know if it really was or not.
That's what I wanted to speak about was Sabal Palm Road. I mean,
Miller Extension and that, that's what I thought it was about.
COMMISSIONER HENNING: That's decided, ma'am. We
don't have that on our agenda.
MS. MYERS: That's what I just found out.
CHAIRMAN COLETTA: I'm sorry. You missed the
opportunity in the beginning to do so, but I'm going to allow you to
go ahead and speak for three minutes on the subject, if you'd really
like to.
MS. MYERS: I would like to, you know --
CHAIRMAN COLETTA: Please go ahead.
MS. MYERS: I -- well, it's like this: I've seen a lot of
construction work being -- going on on Pine Ridge Road and other
roads that we really shouldn't be working on right now instead of
letting Miller Extension get through. I mean, all the money that you
guys been putting out on these other roads you could be putting on
Miller Extension and Sabal Palm Road instead of throwing the
money away, digging up. Like Pine Ridge Road has been dug up
Page 69
January 8, 2002
three or four times that I've known of since I've been here in Florida,
and I've been here since '68. And it's been remodeled three times I
know of. And all the times you guys remodeled that, you guys could
have had Sabal Palm Road done three times or Miller Road done
three times.
And instead you guys keep building, tearing up these other roads
and letting these other ones get run down, and people, like my
husband, drive down the road. And you guys tear up signs, you
know, like stop signs, pull them up. And people get killed, and
nothing is done.
And what's going to happen is, some -- you guys are going to let
things keep going like it is, and somebody else is going to get killed
out there one of these days. That's what I'm trying to prove, you
know, like -- I -- I had some -- something I wanted to say different,
but it's getting all bumbled up.
In other words, they -- you guys should get those roads through
before somebody else gets killed out there is what I mean. And I'd
hate for some -- some poor innocent kid on some four-wheeler or
somebody in a car driving down there and getting killed like mine did
and stuff like that, you know. It would be nice if those roads were
through so somebody could get out there. That's all I got to say
because I really thought that it was something else about the meeting.
CHAIRMAN COLETTA: Our sympathy is with you. And if
sometime you would like to arrange a personal meeting with me, I
would love to talk to you.
MS. MYERS: Anytime. I'll give you my phone number.
CHAIRMAN COLETTA: See my secretary. Whatever is
convenient for you.
MS. MYERS: Okay.
CHAIRMAN COLETTA: Thank you. That's it for the
speakers. Any discussion on the motion that's before us?
Page 70
January 8, 2002
COMMISSIONER FIALA: Well, I'll just say one more thing.
As we watch all of this redistricting coming to the forefront and --
and we know that our -- our dollars can fly away from Collier
County, we see right here where they did last year. And we want to
do everything we can to keep whatever dollars that -- that we donate
to to come back here to us instead of just being strictly a donor
county. So I -- I -- I'm glad that we've had a motion to -- to work
with staff to form a resolution, and I hope we move forward with this.
CHAIRMAN COLETTA: Any other comments? I'll call for
the motion. All those in favor indicate by saying aye.
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Those opposed?
Five to zero, the motion passed.
Item #7A
RESOLUTION 2002-07 REGARDING VA-2001-AR-1207, DOUG
SCHROEDER, REPRESENTING COCOHATCHEE NATURE
CENTER REQUESTING A 30-FOOT VARIANCE FROM THE
REQUIRED 30-FOOT REAR YARD TO 0 FEET; AND A 5-FOOT
VARIANCE IN THE WIDTH OF THE LANDSCAPE BUFFER
ADJACENT TO TAMIAMI TRAIL NORTH FROM THE
REQUIRED 15-FEET TO 1 O-FEET FOR PROPERTY LOCATED
AT 12345 TAMIAMI TRAIL NORTH- ADOPTED
We're going to move right on to the next item which, if I'm not
mistaken, is 7(A), and we're going to -- it's going to require that
anyone that wishes to speak on this matter stand now and be sworn
in.
(The oath was administered.)
Page 71
January 8, 2002
CHAIRMAN COLETTA: Thank you.
COMMISSIONER CARTER: Mr. Chairman, before we start,
how many speakers do we have on this subject?
MS. FILSON: We don't have any speakers on this issue.
COMMISSIONER CARTER: Have members of the board been
briefed on this? Is it really necessary for a presentation, or do we all
have sufficient information?
CHAIRMAN COLETTA: Well, we could work it backwards.
You could make a motion, get a second, and we'll see what there is
for discussion.
COMMISSIONER CARTER: I would like to make a motion
for approval.
COMMISSIONER COYLE: I'll second.
CHAIRMAN COLETTA: We have a motion and a second.
We'll open it up for discussion.
COMMISSIONER FIALA: I haven't been briefed on it. All I
had was this (indicating).
CHAIRMAN COLETTA: No, that's fine. At that point in time
I -- would you go ahead with your briefing.
COMMISSIONER HENN1NG: Commissioner Fiala, do you
have any questions of staff on this item?
COMMISSIONER FIALA: Yes, I -- I did have some questions.
Hold on just a minute. As a matter of fact, oh, yes, I did ask one of
these questions when I had somebody come into my office, and that
was about the environmental council. It -- in our -- in our summary
packet, executive summary, on page 2 it had said the Environmental
Advisory Council recommended approval by a unanimous vote, and
yet on the very next page it said the Environmental Advisory Council
did not review this petition. And I was wondering why the complete
opposite was said on one page rather than another. But I later found
out they approved the first one, but then the second -- second one that
Page 72
January 8, 2002
came forward they didn't have to hear because they already approved;
right?
MR. REISCHL' Fred Reischl, planning services.
That's correct. This petition has gone through a conditional use
with unanimous approval from the EAC. Variances are typically not
heard by the EAC, and they did not hear this one.
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN COLETTA: Forgive me. One thing I didn't do --
and I know this is out of order -- I didn't get into disclosure, and I'll
start with Commissioner Carter.
COMMISSIONER CARTER: Yes. I have met with petitioner.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: No. I just -- staff came in, and I
asked this question. They didn't come in and talk to me about it.
CHAIRMAN COLETTA: My meeting was limited to staff also.
COMMISSIONER COYLE: And I talked with Mr. Schroeder
over the telephone, the petitioner.
COMMISSIONER HENNING:
item.
CHAIRMAN COLETTA:
questions of staff or --
COMMISSIONER FIALA:
this.
I just talked with staff over this
Thank you. Is there any other
I'll tell you, I'd really like to hear
CHAIRMAN COLETTA: Okay. There's absolutely no
problem. We'll, of course, hear it to the whole issue. Proceed.
MR. REISCHL' Fred Reischl. This is a request for two
variances on a parcel that was, as I said, previously approved for a
conditional use and an ST development permit. As you can see on
the visualizer, it's on U. S. 41 basically sharing the same island with
-- I guess the most common landmark would be the Pewter Mug
restaurant. And a portion of this island, approximately just to the
Page 73
January 8, 2002
west of U. S. 41, is upland. And that part of the upland the petitioner
wishes to have a ecotourism business on, and that was approved in
2000, both the ST and the conditional use. So the use has been
approved.
Upon doing his site planning, he found that the -- I'll show you
the site itself. It's minimal impacts, but even with those minimal
impacts, it was tough to get the whole thing on the -- on the upland
part without -- without impacting more of the wetlands.
The Land Development Code says that for tidal wetlands,
nonresidential structures can come up to a zero lot line, and that's
what's happening on the north side and the south side. However, on
the west side, which is the rear of the property, the wetland line
comes right up to and even a small little impact onto what was
approved for the conditional use.
Technically we could have stated that that is also tidal wetlands
and that the setback is zero. However, those wetlands are forested
with mangroves. We decided to be more conservative, and we
recommended that he go forth with a variance on that portion of the
property. So where the side yards meet water, we said that that met
the intent of that portion of the Land Development Code that says
you can have a zero setback where it meets wet -- technical wetlands
that have mangroves on them. We took a conservative approach and
said, "We'll let the board decide on that, but we are recommending
approval."
The second variance is for the landscape border in front of U. S.
41. He's asking -- the petitioner is asking for a reduction from the
required 15 feet to 10 feet. Our landscape architect has reviewed this,
and she has suggested -- suggested additional landscaping on the
sides and in other locations on the property, as you see in the
resolution. And with that, she is also recommending approval of the
buffer variance and -- along 41. And the planning commission
Page 74
January 8, 2002
recommended approval by a 7-to-1 vote.
COMMISSIONER FIALA: Because some of my questions
were, if you're building an ecotourism facility and then you're --
you're not being terribly kind to the environment, is it -- you know,
one kind of doesn't work with the other, and that's -- that was my
concern. I haven't been approached by anybody. I haven't heard
anybody disagree with it. I just felt that what they said in here
someplace was something about they wanted to build a desired
building. I would guess they wanted to put as big a building as they
could on as little piece of property as they could. And I just felt that
maybe the buffer should be what we -- what we permit, what -- what
is allowed for everybody else. Why should an ecotourism facility be
able to push back the buffer when everybody else has to tow the line?
It just hit me a little bit funny. But then I understand you guys have
-- have recommended approval for this little back part here, right, for
the --
MR. REISCHL: For both.
COMMISSIONER FIALA: -- for both of them. It just hit me
funny. But -- so I just wanted to hear your presentation.
COMMISSIONER COYLE: Well, I do have a question in
addition to that. You called this an ecotourism business. MR. REISCHL: Yes.
COMMISSIONER COYLE: Now -- now, my understanding is
that it was a nonprofit ecotourism venture for the purpose of teaching
children about the -- the ecology of the area or about nature in the
area. Which interpretation is correct?
MR. REISCHL: I believe they both are. Mr. Schroeder did a
good explanation in front of the planning commission. If you wish,
he can make the same presentation to you. He will have groups
coming in from schools and camps, etc., for no charge, but he will
also have guided tour boats through the wetland system in the area
Page 75
January 8, 2002
for -- for a fee.
COMMISSIONER COYLE: So is it a business or not-for-profit
organization? Is it a for-profit business or a not-for-profit business?
MR. REISCHL: It's registered, I believe, as not-for-profit.
COMMISSIONER CARTER: I think we need to have the
petitioner --
MR. REISCHL: I'd be more comfortable with the petitioner.
COMMISSIONER CARTER: -- come to the microphone,
answer those questions. It would be my assumption it works pretty
much like The Conservancy. You pay to take tour tours in there; you
pay to use that stuff. It's still a not-for-profit organization, and they
do things free to educate children.
petitioner. I think he can --
COMMISSIONER COYLE:
So I'd like to hear from the
Well, if that's correct, that answers
my question. Is that -- okay. Thank you.
CHAIRMAN COLETTA: Any other questions for staff?.
COMMISSIONER CARTER: No, sir. I would call the motion
when you're ready, Mr. Chairman.
CHAIRMAN COLETTA: All those in favor indicate by saying
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Opposed?
It passed 5 to 0.
Item #1 OH
STAFF TO PREPARE A SCOPE OF SERVICES AND ISSUE A
REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF THE
NAPLES PARK COMMUNITY PLAN - APPROVED
Page 76
January 8, 2002
I'm going to take the chairman's prerogative and move down to
H -- 10(H).
COMMISSIONER HENNING: Great idea. I was going to
suggest that.
CHAIRMAN COLETTA: Thank you for suggesting it.
COMMISSIONER HENNING: We'll get these Naples Park
people back out to their neighborhood and do things that they do best.
CHAIRMAN COLETTA: Get them out of here in time for
lunch.
COMMISSIONER CARTER:
time for lunch.
We all want to be out of here in
MR. TAYLOR: Good morning. For the record, my name is
Amy Taylor, and I'm here to -- to forward a request from the
community of Naples Park and a recommendation by staff to prepare
a scope of services and issue a request for proposals for a Naples
Park community plan.
As many of you are very knowledgeable of, the basis for a -- the
Naples Park interest and a community plan process in general has
been the Dover, Kohl study that was completed and reviewed by this
board at a workshop in June of this year. Highlights of a community
plan process in general can accomplish many things and have specific
characteristics, specifically community involvement. Naples Park
has -- in particular, has proven and-- and they're -- they're strong
interests and actually has participated with the development of-- of
specific improvements that could be made for maturing
neighborhoods throughout Collier County. So they -- they were used
as a model for community planning process. And to be supportive of
their activities, the county can -- can continue to -- to -- as far as staff
and -- and using a -- consultants help them to assist in helping
themselves.
Some of the typical improvements that you might see in a -- in a
Page 77
January 8, 2002
community plan that would be formulated would -- would be parks,
sidewalks, landscaping, improved interconnectivity, and access to
shopping and -- and businesses and residences.
Naples Park is one of a -- is a -- is a prime example of some of
our maturing neighborhoods in -- in Collier County, and they were
established before -- you know, before our typical PUDs where we
had specific planning for, you know, landscaping and different
locations to different services and so forth. They're a beautiful
neighborhood, well-established community, but they just need certain
cosmetic improvements, as well as functional improvements.
The funding mechanisms for improvements would also be
included in the community plan. The community, in particular with
Naples Park, is willing to step up to the plate and say, "I want to -- I
want to begin to participate in my neighborhood and to work in my
neighborhood and improve my neighborhood. And, County, will you
assist me in coordinating those efforts?"
What would be part of the plan is how the -- the community can
continue to assist themselves in determining funding mechanisms for
themselves and also coordinate any existing Collier County programs
and improvements that may be underway or planned in the near
future so those can all be coordinated with what Naples Park wants to
do for themselves.
Another aspect of the community plan would be a zoning
overlay. And this would be looked at for Naples Park to look at some
of the types of land uses, how the commercial is -- along 41 can be
improved and -- and more tied in with the residential area for mutual
benefit in terms of-- of connectivity and types of uses. The other
aspect would be where would parks and other services be located
within Naples Park if-- if the community wanted it.
A primary goal of Naples Park and any community plan process
would be to provide a mechanism for improvement and enhancement
Page 78
January 8, 2002
of the property values, the function, the livability, and the commerce
for those citizens who live and work in Naples Park.
If you have any questions, I'd be happy to answer those for you.
COMMISSIONER CARTER: Commissioner Coletta,
Mr. Chairman, I would like to move for approval -- MS. TAYLOR: Okay. I'm sorry.
COMMISSIONER CARTER: -- of this. The only change that I
would make is to bring this back, back these proposals to the board to
make a decision. I'm just like a good priest. I'm not asking for your
support. I just want your cash. And that's -- that's -- that's where I
am.
Graciously, Commissioner Henning, in our budgetary process
allowed the funds that could have been used in his district to buy two
lots in Naples Park to establish the -- establish a park. They were
first in line. They were a subject of the -- of the study. The board
made a commitment to these areas in June. And so I would like to
follow through on that as, maybe, the pleasure of the board to do this
so that we could move forward and begin to make this happen for a
community that has been very patient, who has pushed me to a great
deal to get this thing, really, to get going. And I think it's now time
for us to -- to do that.
COMMISSIONER HENNING: I'll second that motion --
COMMISSIONER FIALA: Oh.
COMMISSIONER HENNING: -- with some questions.
CHAIRMAN COLETTA: We have a motion and two seconds.
COMMISSIONER HENNING: The question is, this is funds
that was earmarked from community development; am I correct?
MS. TAYLOR: No. From the general fund.
COMMISSIONER HENNING: It is general fund money.
MS. TAYLOR: Yes.
COMMISSIONER HENNING: Can Naples Park establish a
Page 79
January 8, 2002
CRA area without having a plan, a detail --
MS. TAYLOR: A plan is required for a CRA --
COMMISSIONER HENNING: And that's state statutes?
MS. TAYLOR: Yes. A redevelopment plan of some sort has to
be a component of the -- establishing a CRA or an area within the
CRA.
COMMISSIONER HENNING: So what about if you had a
redevelopment within the Land Development Code? Is that sufficient
enough to create a CRA?
MS. TAYLOR: It wouldn't have the level of detail that would
be required by state statute. State statute requires a blight study, an
examination of the needs for improvements, and also a plan to -- to
address those issues. So that would need to --
COMMISSIONER HENNING: Gotcha. Now, I understand
that we are still holding in retention Dover, Kohl. Would -- they
would be possibly be consultant team?
MS. TAYLOR: We don't have them in retention. A part of
their contract was that we could -- we could extend their contract. It
would have to be initiated by the board and approved by the board to
do that. But that was part of their original contract that, if, indeed, it
-- it could be extended with the new scope of services and so forth.
But that -- but that's entirely up to the board. What -- what we would
do is prepare the scope of services, issue a request for proposals to as
many venders as possible that we feel are -- are qualified, and -- and
bring those proposals -- evaluate them with the help of Naples Park,
and bring those to the board for-- for approval, along with a contract
for a specific amount.
COMMISSIONER HENNING: Just one other thing. I don't
know why we couldn't use community development funds for
something like this. It is development of the community, actually the
redevelopment. So I would like to take as -- see how we could get
Page 80
January 8, 2002
creative and look at instead of taking it from the general fund--
COMMISSIONER CARTER: A great question. I think Mr.
Olliff and Mr. Weigel need to comment.
MR. OLLIFF: I think you're going to have to get -- historically
we've always been under the impression, at least, that the
development fees that are generated are required to be used for the
process of the review and the issuance of the permits associated with
development. Whether or not that can extend to a specific
community overlay-type plan or not, we would probably have to do a
little research and see, looking at, perhaps, some other communities.
But historically we have always done these type of projects out of
either the unincorporated or the county-wide general fund.
MR. WEIGEL' Mr. Olliffs correct. And we can provide some
research, but absent some research that would give us more flexibility
than I think he and I recall or have reviewed, the answer initially
would be to the negative, that you could not use those funds. But
we'll look at it again to see if there's anything to provide us the
authority to come back to you with a different answer.
COMMISSIONER HENNING: I think that we need to get
creative.
COMMISSIONER FIALA: I was just going to comment on
that. I was just going to say that just because we've always done it
that way doesn't mean we always have to do it that way, first.
Number two is I just love it when somebody pulls down the
paradigms, as you did, Commissioner Henning, and say, "Let's look
at it in another way." I'm in full support of that.
CHAIRMAN COLETTA: Would you like to include that in
your motion?
COMMISSIONER CARTER:
all. I think it's a great suggestion.
CHAIRMAN COLETTA:
I have no problem with that at
Second? Double? I'll give the
Page 81
January 8, 2002
second to you.
MS. FIALA: Okay.
CHAIRMAN COLETTA: Would you include it in your
second?
COMMISSIONER FIALA: Yes, I -- I will include that in my
second.
CHAIRMAN COLETTA: Any other questions of staff?. We
have four public speakers.
COMMISSIONER CARTER: Anybody want to talk us out of
it?
MS. FITZ-GERALD: No, no.
MS. FILSON: The first public speaker will be Vera Fitz-Gerald,
and she will be followed by Russell Tuff.
MS. FITZ -GERALD: I'm Vera Fitz-Gerald from Naples Park.
We just had a couple of comments. Believe me, this is not one of
those long-winded speeches. I'm just going to read this.
We in Naples Park are pleased to be considered as the first
neighborhood to receive planning assistance for the implementation
of the Dover, Kohl community character study. As an older
neighborhood, we believe we need -- re -- revitalization rather than
redevelopment one lot at a time. You've seen some of that
happening.
Help in developing a community character plan tailored to
Naples Park needs is essential, and we request that you approve
staff's recommendation for providing resources for this effort.
Mr. Chairman, we and Naples Park would -- really do thank
each and every one of the commissioners that we have met with, and
we want to thank you for your support and for your
recommendations, your advice. You have been most helpful, and
we're very grateful. Thank you-all.
CHAIRMAN COLETTA: Thank you. Mr. Tuff.
Page 82
January 8, 2002
MS. FILSON: Mr. Tuff will be followed by Erica Lynne.
MR. TUFF: Good morning, and Mr. -- Dr. Carter, you can
relax. I haven't moved to North Naples so --
COMMISSIONER CARTER: Oh, I was hoping you would. I
like your style.
MR. TUFF: Oh, I was just here to show support for the North
Naples project and -- and what has that got to do with me? But I -- if
you look at Naples Park and you look at Golden Gate, they're both
very similar. They've been -- you know, we had things there in '65,
'67 and on. And some of those areas are -- well, the population is
going there, and the population is coming to us. It's happening in
both areas.
And I believe that right now in Golden Gate we are probably at
the most critical stage in which direction we go for-- forever. And
we have some blighted areas in our community that will either
become worse, or they will -- we can take some big steps to -- to
move forward. And that's why they're talking about the CRA funds
and things like that. And-- and our community -- I guess I came here
unprepared. I'm not representing anybody because I didn't get a
chance to get approval for anybody, so this is -- this is me. But I -- I
believe I could gather some support if I needed to. And the chamber
has recognized what a critical stage they're on, in the process of. And
the ZIP Code of just Golden Gate of 34116, there's over 1200
businesses registered. And there's not-- I don't believe -- I don't
know the actual numbers, but I don't believe there's 200 storefront --
fronts.
And so what's happening is they're interviewing the new
business community to see what -- how do we make some things
happen, and maybe we can through these -- if we could have better
thought process behind it as far as maybe we could put the two
together and make some things in our community get nicer and make
Page 83
January 8, 2002
everybody happier. And-- because there's some -- Dover, Kohl came
up. There's some suggestions prior to it which I believe it would be
very appropriate in cleaning up our community. And we've got really
nice things happening in parts of it, but it would be nice to get it all
good.
And what I guess I'm looking for is just to tack on our
community for your RFP and I -- I -- you know, we've got some
things going on, and we're struggling because we're volunteers, all of
us, and we're not able to go over the top. But I believe if we had you
listed on this RA -- RFP, I think we could make some good things
happen. And I just want your help to help us do it right. I guess we'll
either reap those benefits or we'll pay the consequences, all of us
together, no matter what we decide here.
COMMISSIONER HENNING: In Golden Gate, talking to
Russell Tuff, there's no true sense of a downtown feeling in Golden
Gate, although it services the -- the surrounding areas. And I think
the community wants to take a look at creating that on Golden Gate
Parkway. There's some opportunities that is zoned for multi -- that is
zoned multifamily. And showing the Dover, Kohl plan to the
residents, they're so much in favor of that, that residential over
commercial and creating that downtown center-type feeling. And I
would definitely support some kind of a study for revitalizing that
area. And we already have a redistrict -- or redevelopment area
along 951, so I hope the chairman would -- Commissioner Carter
would amend his motion and include the -- the Golden Gate area.
COMMISSIONER CARTER: I-- I would look to -- and I --
you know, I totally agree with where you want to go. I'm just
wondering, with the other activities there, do we need a more concise
proposal brought to the Board of County Commissioners so that we
know exactly all the variables that we need to deal with so that we
can make the right decision that will give you the most benefit,
Page 84
January 8, 2002
Commissioner. And that's a question I would ask the staff in -- in
terms of how we would do this. So if I could hear that input, then I
could better address the question.
MS. TAYLOR: Just -- just to kind of back step a little bit, we've
had a couple of interested communities in Naples, the East Naples
Civic Association, and also the Golden Gate area businesses have
been interested in a community plan process as well. Right now, in
terms of staff and ability to be able to prepare scopes of services and
-- and actually manage the contract itself, which is very time
consuming, we have our -- we would have our plate full with Naples
Park.
There is, of course, an opportunity within the next budget year,
you know, to take a look at -- at additional project or projects. There
-- there is, of course, an added -- probably a benefit to combine
several projects together because you may even potentially be able to
use one -- one consultant. But -- but that's -- that's still a significant
amount of staff time to be able to manage it.
COMMISSIONER COYLE: I had raised the question about
combining the RFP for all of those, those communities that were
under consideration. And the staffs response to me was that no
formal surveys had been done to actually determine the level of
community support in those additional areas. And I think the
consensus was that -- that if-- that if we proceeded with trying to
include those other areas in this one, we would actually delay
Riverpark and --
COMMISSIONER FIALA:
COMMISSIONER COYLE:
Naples Park.
I'm sorry. Naples -- Naples Park.
And -- but I think -- I think we -- we probably should express our
interest and support for proceeding with these other communities as
quickly as we possibly can.
COMMISSIONER CARTER: I think this one might give us a
Page 85
January 8, 2002
model to find out what we do well in areas where we encountered
some difficulties or challenges. And we may get, obviously, more
creative in terms of dealing with the next one that's being presented
by -- by greater Golden Gate area.
COMMISSIONER FIALA: And I know that your -- your staff
right now, you're down on staffing, and with this hiring freeze you're
probably limited as to how much time. But -- but I do agree that
Golden Gate, you know, they have -- they have a -- a -- a fun
challenge ahead of them trying to create a downtown area, if you
will. East Naples has a lot of blight that they have to overcome.
If we look at the Town Center -- as a matter of fact, Dover, Kohl
used that in their presentation as being an awful blighted place, and
nobody can deny that, as well as other areas. And I'm sure that they
would -- Golden Gate and East Naples are eager to step up to the
plate and have the same -- same RFP presented for them. But I think
we have to just focus right now on Naples Park because that's all the
staff we have, and I would like to see us bring back these other two
Golden Gate and East Naples to you to -- to proceed with after you
work with Naples Park.
COMMISSIONER HENNING: Question: If I remember right
during the budget process, we set aside 250,000, 50,000 for each
community for redevelopment.
MS. TAYLOR: I would have to --
COMMISSIONER HENNING: And, you know, why did we
make that statement if we don't have the available staff to manage
something like that?
MS. TAYLOR: I would have to have somebody address the
funding issue because --
COMMISSIONER HENNING: Okay.
MR. LITSINGER: For the record, Stan Litsinger,
comprehensive planning manager.
Page 86
January 8, 2002
As you are all aware, the Dover, Kohl study recommended this
ongoing community planning process and recommended a level of
funding in the neighborhood of $250,000.
MR. OLLIFF: Actually, their original recommendation was
$750,000, if I remember.
MS. TAYLOR: For implementation.
MR. LITSINGER: Right.
MS. TAYLOR: 250 for planning.
MR. LITSINGER: 250,000 for planning, which we brought
forward in the budget proposal. And with the prior -- prioritization
process of all of the other demands and staff time and the fact that
last year about this time you gave us direction to go forward with the
Golden Gate area master plan, which we are still underway, as you're
fully aware, which will also feed into the eventual work on a
community plan relative to the one that we're going to do for Naples
Park.
We just see it as a process of timing where let's take Naples Park
first, see what the result is on that. And as we approach the
upcoming budget cycle, we can, again, propose to come forward to
you with the necessary resources in order to carry forward with the
Golden Gate. And also I believe there's an initiative by the East
Naples Civic Association relative to the U. S. 41 corridor. But it is
also an issue of being able to manage each one properly and give it
the individual attention that it needs within the resources that we have
to allocate within our organization.
COMMISSIONER HENNING: So you're saying that my
understanding of the budget process is incorrect? It wasn't $50,000
for each community, and we set aside 250,000?
MR. LITSINGER: The original intent was to set aside
$250,000. Through the budget process and the public hearing
process, those monies were not appropriated. So in the event when
Page 87
January 8, 2002
we bring back the RFP, the results and the proposals, whatever that
dollar amount is, if you so choose to go forward with this Naples
Park community plan, the monies would have to be appropriated out
of reserves. But they're currently not appropriated, no, sir.
CHAIRMAN COLETTA: Basically what I'm hearing here is
that we need Naples Park there to be like a little bit of a test just to be
able to get our feet on the ground, then in the next cycle be able to go
forward, pick up Golden Gate and East Naples once we have a better
understanding what we're getting involved with, possibly may even
be able to combine the two together if there is some rationale through
that happening. Of course, we did do that, didn't we, with Bayshore
and Immokalee?
MR. LITSINGER: Well, actually, Bayshore and Immokalee are
two separate -- community redevelopment agency districts.
COMMISSIONER FIALA: But Bayshore and the Triangle
were combined as one.
MR. LITSINGER: That's correct.
CHAIRMAN COLETTA: Probably because of the
geographical --
COMMISSIONER FIALA: Yes. Only -- they don't have any
similarities, but geographically they're --
CHAIRMAN COLETTA: Commissioner Henning, did we
satisfy your interest on this at this point? Is there something else you
wanted --
COMMISSIONER HENNING: All my questions was
answered. Thank you.
CHAIRMAN COLETTA: Thank you.
Was there any other discussion?
MS. FILSON: And, Mr. Chairman, we still have two registered
speakers.
CHAIRMAN COLETTA: Fine.
Page 88
January 8, 2002
MS. FILSON:
MS. LYNNE:
MS. FILSON:
(sic).
The next one is Erica Lynne.
I'm just here to support Vera's statement.
And she will be followed by Gareth Rockliffe
MR. ROCKLIFFE: Actually it's Rockliffe.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: That would be the last speaker.
CHAIRMAN COLETTA: Okay. Then without further adieu,
all those in favor indicate by saying aye.
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Those opposed?
Five to zero. Thank you very much.
(Applause.)
Item #9A
RESOLUTION 2002-08, APPOINTING CAROL WRIGHT AND
ALVIN DOYLE MARTIN, JR. TO THE VANDERBILT BEACH
BEAUTIFICATION MSTU ADVISORY COMMITTEE -
ADOPTED
CHAIRMAN COLETTA: Move back to the regular agenda.
Item 9(A), appointment of members to the Vanderbilt Beach
Beautification MSTU Advisory Committee.
COMMISSIONER CARTER: I move approval of the
recommendations.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: I have a motion by Commissioner
Carter and a second by Commissioner Henning. Any discussion?
(No response.)
Page 89
January 8, 2002
CHAIRMAN COLETTA:
MS. FILSON: No, sir.
CHAIRMAN COLETTA:
saying aye.
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Is there any speakers on this item?
Okay. All in favor indicate by
Opposed?
The ayes have it 5 to 0.
Item #9B
PROPERTY WITH AN APPROVED PUD DESIGNATION ALSO
HAVING AN AGRICULTURAL EXEMPTION BENEFIT-
DISCUSSED
The next item is the -- 9(B), discussion regarding -- wait. I
think I got out of order here.
MR. OLLIFF: No. You're right.
COMMISSIONER COYLE: Commissioner Henning's letter.
COMMISSIONER FIALA: Yeah, you're right.
CHAIRMAN COLETTA: Yeah, discussion--discussion
regarding approved PUD with agricultural exemptions.
Commissioner Henning, I want to compliment you on bringing
this item forward.
COMMISSIONER HENNING: Thank you. And, actually, we
need to give a lot of thanks to our property appraiser, Abe Skinner.
In my let -- response to him wasn't really -- what it reads was not my
intent. It's not to apply for non -- you lose your right by applying to
the property appraiser. What-- I would like to know if there's
enough support on -- on the Board of Commissioners to say to a
person coming to -- to us for not only PUDs but any rezone that they
Page 90
January 8, 2002
lose their -- the right for the lesser intent, such as A -- or if a rezone is
from residential to commercial, you lose your right for that
application for a lesser-intent use.
CHAIRMAN COLETTA: You're -- you're getting some nods
here. I believe you got four nods. Counting yourself, that makes
five.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: We'll direct staff to bring that back
to us in the form for us to vote on.
Is there anything from staff that we want to be aware of at this
point in time?
MR. DUNNUCK: For the record, John Dunnuck, public
services administrator.
I thought I'd jump on this one, because we already got to work
on it, based on the nods we received at the Land Development Code
hearing a few weeks ago. We've already drafted language in it --
prepared to send it to the property appraiser's office for review.
We've believe it's a procedural and matter -- and will include it
in the PUDs, and we're even willing to send it out to the existing
PUDs to ensure that they back up what the statute already, we
believe, states, that-- the county attorney's office is here to answer
any other additional questions. But I believe we're already working
on it and having -- answered your questions.
And by memo I can send a follow-up just confirming those
details. I don't believe it takes any other further board action.
MS. STUDENT: I just wanted -- if I may, Marjorie Student,
assistant county attorney.
For classification, John, I just wanted to say not just PUDs but
any rezone. Just so the board knows, there's a statutory section in
193 -- Section 193 of the Florida Statutes that require the property
appraiser to reclassify the land from ag when it's been rezoned at the
Page 91
January 8, 2002
request of the property owner. So that is in the statute, and this
would just be aiding the property appraiser in his duties. And I have
spoken with Mr. Skinner about this over time and worked with
Mr. Dunnuck so ...
COMMISSIONER CARTER: Good.
CHAIRMAN COLETTA: Thank you. If I remember correctly,
Commissioner -- Commissioner Henning, you brought this up during
the Land Development Code meeting. Thank you for keeping on top
of it, make sure it's going forward.
And with that we'll move on to C.
Item #9C
RESOLUTION 2002-09 APPOINTING LOURDES RAMANN TO
THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED
COMMISSIONER CARTER: I move for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: We have a -- we have a motion for
approval by Commissioner Carter and a second by Commissioner
Henning for approval of a member of the Hispanic Affairs
Committee, and there's only one. And all those in favor signify by
saying aye.
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Opposed?
The ayes have it 5 to 0.
Item #9D
RESOLUTION 2002-10 APPOINTING/REAPPOINTING JAMES
Page 92
January 8, 2002
A. CARROLL, DAVID A. ROELLIG, CORNELIA KRIEGH AND
GLEN D. HARREL TO THE PELICAN BAY MSTBU ADVISORY
COMMITTEE - ADOPTED
Next is Item D, appointment of members to the Pelican Bay
MSTBU Advisory Committee.
COMMISSIONER CARTER: Move for approval.
COMMISSIONER HENNING: Second.
MS. FILSON: Mr. Chairman, if I may, this particular
committee you need to waive that portion of the ordinance which
waives the term -- two-term limit.
COMMISSIONER CARTER: And I will include that in the
motion. And please keep in mind that the community is currently
reviewing their new ordinance and will be in workshops. If you
haven't received the schedule, you will be shortly. And the summary
of changes between the old and the new has been well thought
through. You as commissioners will have an opportunity if you want
to go to any of the meetings, and you will have the comparison, and
the community in the next 60 days will have followed the next step in
the process, the public hearings, and then come back to us with a
recommendation of what they want to do.
In the interim we needed to cover the MSTBU by these people
who will continue to serve until those final decisions. So it says for a
four-year term. When this is all changed, there may be some other
changes out there, but this gets them through an interim period.
COMMISSIONER FIALA: Well, let me ask the hard question,
if I may: I didn't know what the new ordinance was or what you're
preparing, but is the whole community involved in it this time?
COMMISSIONER CARTER: Absolutely. Totally and
completely, and that has been initiated and-- and moderated by our
sec -- by our clerk of courts who came to me, and we worked
Page 93
January 8, 2002
together to get this back on track. It was quite obvious that I would
not be -- a good idea for me to facilitate because no matter what I did,
I would have been considered a Pharaoh in my own land.
And so I stepped aside and I allowed -- not allowed. I requested
and encouraged and, thankfully, clerk of courts, Dwight Brock, took
them through the process. They've done a beautiful job in working
through this. And there's not an organization out there that says, you
know, we're this way or that way. They're saying we're taking it to
the community. They can make a determination what they want to
do one way or another. And everybody has tried to keep their hands
off because there's certain groups out there. One person says
something, the other group that says we've got to respond to that.
And we're trying to keep the community at peace and say collectively
tell us what you want to do. You will see the summary sheets
coming to you. They're very well done. And I commend the
community for what they've done with this and the clerk of courts for
taking them through this. Not only is it good for Pelican Bay, it's
good for every community to follow this form, keep us all out of
trouble.
CHAIRMAN COLETTA: Small-town America at its very best.
COMMISSIONER CARTER: You're absolutely right,
Commissioner. I certainly learned from that experience. I wouldn't
want to wish anyone else to go through it.
CHAIRMAN COLETTA: I learned from it too, Commissioner
Carter.
COMMISSIONER CARTER: I'm still extracting the arrows out
of my chest on it.
CHAIRMAN COLETTA: Any other comments or discussion?
COMMISSIONER HENN1NG: I also include that waiver in my
second.
CHAIRMAN COLETTA: Very good. Thank you,
Page 94
January 8, 2002
Commissioner.
All those in favor -- wait.
MS. FILSON: No, sir.
CHAIRMAN COLETTA:
Do we have any speakers?
All those in favor indicate by saying
(Unanimous response.)
CHAIRMAN COLETTA: The ayes have it, 5 to -- the ayes
have it 5 to 0. And with that we're going to take a half-an-hour break
for lunch.
COMMISSIONER CARTER: May I suggest, what do we have
left on the agenda that we might just move forward and finish our
agenda?
CHAIRMAN COLETTA: Well, let's -- let's -- let's hear some
open discussion. How do you feel, Commissioners?
COMMISSIONER HENNING: Let's take it home.
COMMISSIONER CARTER: Let's take it downtown; right?
COMMISSIONER HENNING: Let's go.
CHAIRMAN COLETTA: Then we'll proceed.
COMMISSIONER FIALA: How about if we take ten minutes?
Do we need ten minutes? We don't need ten minutes? I need two
minutes.
COMMISSIONER COYLE: I need an hour.
CHAIRMAN COLETTA: Well, if it's going to be an hour, it's
going to be at the end at 1:30 at this point.
COMMISSIONER CARTER: I think we can -- I think we --
what we have left on our agenda --
CHAIRMAN COLETTA: We're probably going to move
through it. I figure we have probably about an hour to an hour and a
half.
COMMISSIONER CARTER: No more.
Page 95
January 8, 2002
Item #10A
CHAIRMAN TO WRITE A LETTER TO THE CONSERVANCY
INQUIRING WHETHER THE BOARD'S REPRESENTATION ON
THE GREEN SPACE COMMITTEE IS DESIRED
CHAIRMAN COLETTA: Okay. Let's move on with the
agenda. Commissioner Fiala, if you would like to go say hello to the
people in the office for a moment. Item 10(A), discussion regarding
green space committee.
MR. OLLIFF: Mr. Chairman, this is a fairly simple item. I
think I provided a memorandum to the board that indicated two
different issues. One was in an effort to allow the public and -- and
your staff to have a continuing update on your Horizon Committee
activities that we tried to provide a schedule where we might get each
of you who currently has a Horizon Committee appointment to
provide an update to the board in April of this year.
The second portion of that memo talked about a replacement
BCC member to The Conservancy's current green space committee.
As the board will recall, Commissioner Mac'Kie was the previous
BCC appointee, and in all honesty, I believe it was because of her
particular interest in the topic as opposed to her being a -- a -- that
topic being a Commission District 4 related issue. But all four of the
currently seated board members, with the exception of Commissioner
Coyle, already have a Horizon Committee appointment, and so the
question is, does the board want to appoint another member; is
Commissioner Coyle interested in that appointment; or should the
board want to appoint someone else or not have an appointee at all?
And I think those are the choices for the board today.
COMMISSIONER COYLE: Since you've put me on the spot, I
may as well respond. I -- the I -- I'm not sure that -- that The
Page 96
January 8, 2002
Conservancy wants a representative from the commission on that
committee. I have sent a letter about a month and a half ago to The
Conservancy expressing my interest in sitting down and talking with
them about -- about their concerns and their plans, and I haven't
gotten a response to -- to that letter. So -- so either they don't want
me to -- to be the representative, or they don't want a representative.
And -- and so I -- I guess what I would -- would rather do, as far as I
am personally concerned, is -- is leave it up to The Conservancy or --
or if-- if they feel they would like to have a representative on that
committee, then perhaps they could suggest a name of someone. Or
if there's another -- another council member or commission member
who would like to serve and have a special interest in it, I think that
would be fine, although I have no objection to doing it whatsoever. I
-- I was the -- the author of the Naples Bay Restoration program that
The Conservancy has -- has, in fact, implemented. So -- so I'm very
-- I'd be very happy to participate. But my question, really, is
whether The Conservancy wants participation.
MR. OLLIFF: Mr. Chairman, if I can respond just briefly, I
think the intent here was simply an information liaison, if you will.
And there's another way to skin that cat, frankly. And that is, if the
committee from The Conservancy would simply provide
informational updates to the commission on some regular basis and
be willing to do that, we could probably achieve the same goal
without having to have a commissioner appointed. So that's another
option available to us as well.
It's simply an effort that we know is ongoing in the community
to look at a green space program of some sort, and we know from our
citizen survey that it continues to be a major issue with constituents
throughout the county. And so we're simply trying to make sure that
we as a government keep up with what is that -- that ongoing effort.
COMMISSIONER COYLE: Well, if-- if there are members of
Page 97
January 8, 2002
the board who really have an interest, Commissioner Henning, or
others who might have a real interest in doing that, I -- I -- I would
certainly support him stepping forward.
COMMISSIONER HENNING: Yeah, and I -- I am interested
in it. It is part of the Dover, Kohl study as -- as far as identifying
green space and bringing that forward, which I assist the present
committee for the Smart Growth Dover, Kohl Committee. And I
would be happy to do that. But I -- I think what we can do is -- is
direct the chairman of the board to draft a letter to The Conservancy
asking if they would like representation from the Board of
Commissioners.
COMMISSIONER CARTER: I would support that,
Commissioner Henning. Is that -- what do you need from us, Mr.
Olliff?. Just direction? It doesn't require a motion, or what do you
want?
MR. OLLIFF: You could probably put that in the form of a
motion, and that would give the chairman some direction to make
that representation on behalf of the entire board.
COMMISSIONER HENNING: I move.
COMMISSIONER CARTER: If that's your move, I'll second it,
Commissioner Henning.
COMMISSIONER HENNING: Yes, it is.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning and a second by Commissioner Carter. Any further
discussion on this?
COMMISSIONER FIALA: I'd just say I'd love to volunteer for
it myself because I'm on CREW, and I have a deep interest in the
green space. But I don't have any time left, so I'd -- I'd like that
resolution to be drafted. Thank you.
CHAIRMAN COLETTA: Okay. With that, all those in favor
indicate by saying aye.
Page 98
January 8, 2002
(Unanimous response.)
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5 to 0.
The next item is appointment of a member to the Hispanic
Affairs Advisory Board.
COMMISSIONER CARTER: So moved.
CHAIRMAN COLETTA: We have approval of that. Do we
have a second?
COMMISSIONER HENNING: Didn't we already do that?
COMMISSIONER CARTER: We did that.
CHAIRMAN COLETTA: We did that. Forgive me. Thank
you very much for your second endorsement on that.
COMMISSIONER CARTER: That's okay.
Item #1 OB
STAFF TO PREPARE AN ORDINANCE FOR PUBLIC HEARING
TO AMEND THE CONSOLIDATED IMPACT FEE ORDINANCE
TO PROVIDE A LIMITED WINDOW FOR AFTER-THE-FACT
APPLICATIONS FOR THE EXISTING $7,500 IMPACT FEE
WAIVERS APPLICABLE TO SPECIFIED ENTITIES THAT ARE
EXEMPT FROM PAYMENT OF FEDERAL INCOME TAXES -
APPROVED
CHAIRMAN COLETTA: B, authorize to draft, advertise, and
bring to the board for public hearing an ordinance to amend the
consolidated impact fee ordinance.
MR. TINDALL: Good afternoon. For the record, Phil Tindall,
impact fee coordinator.
A couple of significant dates on this item are March 13th, 2000,
Page 99
January 8, 2002
and October 9th, 2000, and on the first date being the date that the
board adopted the consolidated impact fee ordinance, which
consolidated approximately 26 various ordinances having to do with
the administration of impact fees and making numerous important
improvements in our administrative procedures, definitions, etc.
About seven months later in October, October 9th, the board
adopted an amendment to that ordinance which made some further
improvements to the administrative procedures, updated-- or
upgraded, I should say, some of our definitions and corrected some
Scribner's errors. Amongst those administrative procedures, there
was the addition of a provision for waivers for charitable
organizations of impact fees and which prescribed a -- a total amount
of a hundred thousand dollars per year or up to $7500 per individual
app -- applicant.
Unfortunately, because of-- of the timing of the adoption of this
amendment to the consolidated impact fee ordinance, there were a
couple of possible applicants who had a need to pull building permits
before those provisions were adopted. And apparently they were not
aware at the time that unless the ordinance specifically states that it
can apply retroactively these new provisions, that they would not be
able to apply for those if they've already pulled a building permit and
paid their impact fees before the new provisions took effect. And
these organizations have since contacted the county.
They did make some preliminary inquiries before the new
provisions were adopted. However, in both cases, they had a need to
go in and continue to -- and get their building permits pulled because
of cost and -- and timing considerations for their projects.
We have reviewed the ordinance, and we feel the only way that
we can accommodate these requests, based upon the way the
ordinance is currently written, is to come back to you with
amendment to the ordinance that would retroactively apply the -- the
Page 100
January 8, 2002
waiver provisions for any otherwise qualified organization that pulled
a permit within 30 days preceding the date of the ordinance
amendment, that being of the adoption date of the ordinance
amendment, which was October 9th of last year.
So that's really what it comes down to. If it's the pleasure of the
board to accommodate these two requests, staffs recommendation is
this would be the only way we could do that.
CHAIRMAN COLETTA: My one question with this is, what is
the next break where someone would be in line? You know, 30 days,
was there somebody that was 31 days out? Is there any way we know
that--
MR. TINDALL: Well, the reason we came up with 30 days,
that was basically the time period that these fell into. And -- and,
honestly, from the staffs standpoint, we don't have a desire to open
the door too widely for anybody in the past who may have the same
desire for retroactive application of this provision.
CHAIRMAN COLETTA: My concern is the door is open, and
now we're -- we're showing very selective choices being made to two
agencies that actually came forward. I'm not too sure if we -- what
we're going to do. If somebody comes back and they say, "Well, we
were 30 days before that date," are we going to have to give that
consideration also too? One of the things I was trying to come up
with when I came up with that particular amount of money was to be
very direct in the way it was going to go so we didn't start to have it
going a thousand different directions and lose the scope what we
were trying to do.
Now, obviously these agencies fit within the criteria that we put
together, no doubt about it. But if we amend the time criteria, what's
the next one to follow down the line? That's a consideration. It
doesn't mean I would vote for it or against this particular motion. But
it's an honest consideration I got about how this is put together. Both
Page 101
January 8, 2002
of them are very worthwhile charitable organizations that do benefit
the public dramatically. But then again, too, so is the Red Cross. So
I guess a year outside of that particular deadline, how far back? Is 30
days the -- the one deadline, and do we really include -- everybody
that fell within that 30 days was included?
MR. TINDALL: To the best of my knowledge, yes, sir.
COMMISSIONER CARTER: Commissioner Coletta, I -- I can
understand your concerns. I will direct this comment or question to
legal counsel.
I think what we've done is draw a line in the sand and says, this
is it. If you're back here somewhere, sorry. It's just the way the
cookie crumbles. That's life.
Going forward it says to me very loud and clear, there's a
hundred thousand dollars that could be expended out of interest on
impact fees in any one given year, case-by-case situation that says
you cannot exceed $7500. So I will be supportive of staffs
recommendation because I believe that these two organizations
provide a very viable service to the community. And if there's not a
legal problem with this, I could support staffs recommendation, I
would make a motion accordingly. But, Mr. Weigel, you may have
some advice here which I'm missing.
MR. WEIGEL: Very brief, and that is if the board were to wish
for the staff to advertise your ordinance -- to bring back these
changes, it would be legal, and it would be inclusionary only to the
extent the language change that's made. There would be no further
door open retroactively, and the conditions of the ordinance that
apply generally apply as they do now for the -- during any course of
one year and the amount of money and the type of qualifications
necessary to achieve the waiver.
COMMISSIONER COYLE: Mr. Chairman.
CHAIRMAN COLETTA: Please, go ahead, Mr. Coyle.
Page 102
January 8, 2002
COMMISSIONER COYLE: I find the sentence as follows to be
fairly confusing with respect to intent. And that is, "A maximum of
$100,000 in waivers may be granted each fiscal year."
Now, my questioning of the staff earlier indicated this was a
one-time waiver only for these two people which would give us a
$15,000 maximum.
MR. TINDALL: I can answer --
COMMISSIONER COYLE: So I don't understand the intent of
the other one, unless that is just the policy concerning general
waivers.
MR. TINDALL: That is. That was the provision that was
adopted on October 9th of last year.
COMMISSIONER COYLE: Okay. But -- but -- so what you're
saying is that in the future there will be no waivers granted as a result
of this change.
MR. TINDALL:
to--
That's correct, because it would only apply
COMMISSIONER COYLE: To those two --
MR. TINDALL: -- to those two who fell within that time
period.
MR. OLLIFF: And the way the board has set this program up is
that so each application is reviewed individually by the board and a
separate decision made on each application for impact fee waivers.
COMMISSIONER COYLE: And those are the ones that are
limited to a hundred thousand dollars each year.
MR. OLLIFF: Each application is limited to 7500 each for a
total of no more than a hundred thousand dollars.
COMMISSIONER FIALA: I'm going to second Commissioner
Carter's motion, by the way.
CHAIRMAN COLETTA: Do we have any speakers on this
subject?
Page 103
January 8, 2002
MS. FILSON: No, sir.
CHAIRMAN COLETTA: Are there any other questions of
staff, Commissioner Henning?
COMMISSIONER HENNING: No questions. Just a comment.
And I wasn't in favor of impact fee waivers to begin with, and I just
want to state that I'm going to stick to my position. I think that the
neighborhood health clinic is a very positive aspect to the
community, and I would rather write a personal check than to use
these interest on impact fees that we can use for the roads. So I just
want to get that on the record.
CHAIRMAN COLETTA: Okay.
COMMISSIONER COYLE: I think that's a very good position.
CHAIRMAN COLETTA: Is there any other comments?
(No response.)
CHAIRMAN COLETTA: Okay. Let's call for the question.
All in favor signify by saying aye.
COMMISSIONER CARTER: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye..
CHAIRMAN COLETTA: All those opposed indicate by saying
COMMISSIONER HENN1NG: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: The ayes have it for passing, passing
3to2.
MR. TINDALL: Thank you, Mr. Chairman.
CHAIRMAN COLETTA: Thank you.
Okay. Let's see, where are we now?
COMMISSIONER FIALA: 10(F).
Item # 1 OF
Page 104
January 8, 2002
INTERLOCAL AGREEMENT FOR FIRST RESPONDER
TRAINING BETWEEN COLLIER COUNTY AND THE
IMMOKALEE FIRE CONTROL DISTRICT- APPROVED
CHAIRMAN COLETTA: Yes. Item No. 10(F), approval of the
interlocal agreement for first response training between Collier
County and Immokalee Fire Control District.
COMMISSIONER CARTER: I'm going to move for approval.
COMMISSIONER HENNING: And I'll second that.
CHAIRMAN COLETTA: We have a motion to approve by
Commissioner Carter and a second by Commissioner Henning. Is
there any questions or discussion--
COMMISSIONER HENN1NG: Just discussion. Do we have
any more independent fire districts to come forward with a resolution
of mutual understanding?
MR. PAGE: Good afternoon, Commissioners. For the record,
Jeff Page, your EMS director of operations.
This will be the last MOU. This will be the first time in the
history that with Collier County EMS that all the fire districts will be
under the same standard basic provision of medical care. So it is a
milestone for us.
COMMISSIONER HENNING: And that's why we have an
award-winning EMS department.
MR. PAGE: Couldn't do it without the fire departments.
COMMISSIONER HENNING: Continuing on to improve what
we need to provide to the taxpayers of Collier County.
MR. PAGE: That's right.
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
Any other discussion on this?
Okay. Then I'm going to call for the
Page 105
January 8, 2002
question. All in favor indicate by saying aye.
(Unanimous response.)
MR. PAGE: Thank you.
CHAIRMAN COLETTA: The ayes have it 5 to 0.
for that.
Thank you
Item # 101
BUDGET AMENDMENT TO RE-APPROPRIATE FUNDS FOR
THE NORTH COUNTY WATER RECLAMATION FACILITY
FLOW EQUILIZATION TANKS, PROJECT 73077, IN THE RE-
APPROPRIATED AMOUNT OF $2,500,000- APPROVED WITH
CONDITIONS
And the next one was the originally 16(C)(1) that was moved to
10(I).
COMMISSIONER FIALA: I don't -- I think we have --
CHAIRMAN COLETTA: Did I miss one, Donna?
COMMISSIONER FIALA: 10(H). Do we have 10(H)?
COMMISSIONER HENNING: We did that.
COMMISSIONER FIALA: Oh, yeah, 1140. I'm sorry.
CHAIRMAN COLETTA: That's quite all right.
16(C)(1) was the original destination. That was moved.
COMMISSIONER CARTER: There's two people that moved
that. I'd like to hear their thoughts.
COMMISSIONER HENNING: That was staff that moved that.
COMMISSIONER CARTER: Oh. Staff that moved it? Staff.
MR. WIDES: Commissioners, good afternoon. For the record,
Tom Wides, interim public utilities administrator. I believe 16(C)(1)
-- this is the north county reclamation facility.
COMMISSIONER HENNING: Yes.
Page 106
January 8, 2002
MR. WIDES: And I believe this was -- Commissioner Fiala had
asked this to be moved to the --
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER HENNING: Sorry.
MR. WIDES: We are prepared here to respond to any questions
you might have concerning this. Or, if you wish, we can give you a
brief presentation on the intent behind this.
COMMISSIONER FIALA: Yes. Just-- I'd like to hear your
presentation, please.
MR. WIDES: Okay. At the time the flow equalization was part
of the original consent decree back in April of 2001, we did at that
point in time expect or plan on a preliminary investigation to put a
oval-shaped 4-million-gallon flow equalization plan in place.
Since that time we have actually gone into a finer review of the
requirements for the -- for the flow equalization tanks, and we are
now proposing that instead of the oval shaped 4-million-gallon flow
equalization tanks, we would have two 1.5 circular tanks. The reason
we moved from the original four to the one -- two 1.5s was, in fact,
due to the impact we would have on the wetlands area north of the
flow equalization tank and also some electrical items there that were
in--
COMMISSIONER FIALA: Now you're at my question.
MR. WIDES: Okay.
COMMISSIONER FIALA: My question was, before we were
going to have 4.0 million gallon -- million gallons at -- how much
was it again?
COMMISSIONER COYLE: 4.8 million.
COMMISSIONER FIALA: 4.8. Now we're going to have two
of them at 1.5, which means less, and yet it's going to cost us double.
And I was wondering, why would it cost us double the money to have
less capacity?
Page 107
January 8, 2002
MR. WIDES: Part of-- there are a couple of things going on
here. We've also looked at the possibility of should it be four, three,
or two 1 1/2s. Okay. So this all figures in the operation. By
constructing, in fact, the two separate facilities, you lose the economy
of one large unit, okay. This way by breaking it up to two separate
constructed activities from the ground up, it does, in fact, raise the
cost of the facilities.
We also looked at the possibility of one 3-million gallon facility.
But, again, it would need to be an oval-shaped facility. And that cost,
again, would have been even more costly than the two 1 1/2s. So the
shape of the four, one infrastructure underneath would have been
cheaper than being able to go with the two 1 1/2-million-gallon
facilities with two separate infrastructures.
COMMISSIONER FIALA: So my question is, are these two
smaller facilities going to do a better job than the four at double the
price?
MR. WIDES: Well, whether they'll do a better job or not is -- is
one question. But also will they avoid any impact on the wetlands?
Absolutely. And I believe they will do at least an equivalent job of
the four with recognizing that you are reducing one million gallons in
conservation or one million gallons in flow.
But, in fact, we did decide that three would be sufficient to take
care of any peak periods, so we just felt to go to the smaller amount.
But the four would have required impacts on the wetlands, and we
wanted to avoid that if at all possible.
So will they do the job? Yes, we do believe -- our engineers do
believe they will do the job.
COMMISSIONER CARTER: I'm going to move for approval
after discussion.
COMMISSIONER COYLE: I'd like to have a follow-up
question, if you don't mind.
Page 108
January 8, 2002
COMMISSIONER FIALA: Oh, I have a couple of mine myself.
COMMISSIONER COYLE: I understand why you've done it,
but what I'm trying to get to is, we're spending $2 1/2 million more of
the taxpayers' money to get 25 percent less capacity, and we're doing
it to -- because we want to avoid some impact on wetlands. My -- my
question really is, is there not a less expensive way of-- of dealing
with that issue even if it involves mitigation in some way rather than
redesigning this project to avoid an impact on the wetland?
MR. WIDES: At this point in time, this was the -- this was the
alternative that we felt was the least costly. Also, keeping in mind
that we did have the consent order staring at us out there for
completion by November of 2002, we felt this would be the best
alternative that we could put forward at this point in time, not to
say--
COMMISSIONER COYLE: Is it still the best alternative?
MR. WIDES: I believe -- I believe it is, yes, the best alternative.
MR. MUDD: Commissioner, let me help just a little bit. Jim
Mudd, deputy county manager for the record.
This is a consent iter -- consent item issue. The wetland permit
at the north side of the plant for the cone shape would have caused us
to get outside of the consent order boundary as far as the time is
concerned. These have to be on line in November, and we've --
we've pushed the environmental issue -- we got a -- we had some
wetland impact. We did some things with the culvert design in order
to minimize those in order to put one tank there where we thought we
could have got the 4-million-gallon oval shape. Can't get it all in
there; tried to purchase some land from the property owner above that
and -- and that was unsuccessful.
In or -- if we went into any more wetland mitigation issues on
site, we would have got outside the boundary for the consent order,
and we would have put ourselves and the county in jeopardy for
Page 109
January 8, 2002
fines. And that's part of the issue with this. It's not as clean-cut as I'd
like it to be at this particular juncture because we're under a timing
issue.
COMMISSIONER COYLE: Yeah, I understand. You're
essentially saying that the state will not permit us to modify the
consent order in order to save $2 1/2 million?
MR. MUDD: Yes, sir. I mean, we can ask--
COMMISSIONER FIALA: But we haven't asked?
MR. MUDD: No, no, ma'am.
COMMISSIONER FIALA: Okay.
MR. MUDD: You can ask, but you signed an agreement with
the Florida Department of Environmental Protection that said those
equalization tanks would be in in November of'02. We've asked
them, based on our science, to come off of the 1 O-million-gallon
expansion at the north plant and, through about a month and a half to
two months' worth of intense staff work, got them to agree that we
could do a five and a five instead of the ten in order to save us some
money in that particular process.
Ma'am, you're going to need those equalization tanks by
November, at least one of them, in that process. So the staff thought
it better at this juncture to break it up so we could at least get one of
them on line and get the second moving to make that November '02.
COMMISSIONER COYLE: So you really -- you don't think
you could build a larger one -- the reason you're breaking it up is so
you can get it on line on -- by November. MR. MUDD: (Nodded head.)
COMMISSIONER COYLE: And you're not trying --
MR. MUDD: Because it's also a standard -- it's a standard
crown -- crown tank design versus the oval shape. Once we got into
-- once we got into the details when we started to -- to work the bids
and started to look at the constructability of the particular structure,
Page 110
January 8, 2002
we found that it got -- it got a little bit more complicated, and the
November '02 time line started to fall into jeopardy.
COMMISSIONER COYLE: So our problem really is one that
is imposed by the consent order, and the necessity to respond to this
consent order is going to cost us 200 -- $2 1/2 million more money
than we had originally anticipated?
MR. MUDD: Yes, sir. And, again -- again, these are -- these
are -- these are estimates, when you-- when you basically come up
with what you think it's going to cost versus when they finally get
bid, as you get to the process a little bit closer. Yeah, estimates can
be off.
COMMISSIONER COYLE: Could they be off on the high
side? MR. MUDD:
MR. OLLIFF:
MR. MUDD:
I'd-- I'd hope so.
We hope they can in the future.
Hope they can in the future. I will tell you when
you get yourself in a dilemma and you want it bad, it normally costs
you a lot of money. We don't want to be there anymore.
Commissioner Carter at the last BCC or at least during the last AUIR
said we don't want to be in this mode anymore; we want to be ahead
of this bowel wave instead of being caught up in it. If the
commission -- if the board would like us to go back to the -- go back
to the Florida Department of Environmental Protection and ask them
specifically on that particular issue, we'll go back and try to do that in
an expeditious matter and get back with you in the next two weeks.
COMMISSIONER COYLE: Do you have time?
COMMISSIONER CARTER: I would amend my motion to
that effect. And if it can't, then I would like it to be approved, we go
forward. But I would like to ask the question if that would be
appropriate.
COMMISSIONER COYLE: I think that's good. I would
Page 111
January 8, 2002
second it if it hasn't already been seconded.
CHAIRMAN COLETTA: I believe we have a motion and a
second, don't we?
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN COLETTA: The question is very good, by the
way, Commissioner Coyle.
COMMISSIONER FIALA: Okay. And one more question: By
doing it in the 1.5 and two tanks, does that also take up a lot more
land? I -- you know, I would jump to that conclusion, of course --
MR. WIDES: Well--
COMMISSIONER FIALA: -- and is it environmentally
sensitive land?
MR. WIDES: Again, the area that is platted for this work--
again, Tom Wides. The area that is platted for this work is all land
that we had carved out for the facility, so we did not have to go and
look for any additional lands that would be impacted by this. So, yes,
it would have a bigger footprint but still within the area that was laid
out for the facilities. I would note that we did -- in fact, this was built
into our impact fee study also so that we would start to garner those
revenues as we go forward. We had that information in time for that.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: I appreciate you bringing this up.
COMMISSIONER FIALA: Thanks.
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
And any other questions of staff?.
Okay. With that I'll call the motion.
All those in favor signify by saying aye. (Unanimous response.)
CHAIRMAN COLETTA: The motion passed 5 to 0.
COMMISSIONER FIALA: Thanks, Tom.
MR. WIDES: Thank you.
Page 112
January 8, 2002
Item #10J
REQUEST BOARD OF COUNTY COMMISSIONERS TO WAIVE
PURCHASING POLICY AND AUTHORIZE WORK ORDERS IN
EXCESS OF THRESHOLD AND TO WAIVE ANNUAL
THRESHOLD FOR CONTRACT #00-3046, "SOLID WASTE
CHARACTERIZATION AND PROGRAM ANALYSIS"-NO
ACTION
CHAIRMAN COLETTA: The next item was originally
16(C)(6). It's now 10(J). The -- receive Board of Collier County
authorization to waive purchase policy and authorize work orders in
excess of $90,000 threshold and to waive annual threshold of a half
million dollars. This one was pulled by both Commissioner Fiala and
myself for obvious reasons.
MR. WIDES: Yes. Commissioners, again, Tom Wides for the
record.
In June of 2001 the board did, in fact, authorize the solid waste
department to, in fact, budget for and assign various task assignments
for two items: Landfill monitoring, and the second item was to
submit -- or to issue RFPs for organic waste, grease trap processing,
solid waste processing, and gasification.
Literally through staff oversight, these work orders were, in fact,
set out against a -- against the wrong contract. We should have been
putting these out against the public utility engineering contract which
does take into effect Malcolm Pirnie, who is actually conducting this
for us. And, in fact, those -- that contract has a limitation, an upper
limitation, of $3 million per year to be let out to the various
contractors.
And through staff oversight, what we would propose on this is to
Page 113
January 8, 2002
rewrite these work orders so that they are out under the correct
contract, which would be the larger purchase contract. This was
discovered as we went through the process of actually letting the
contracts or the work orders out.
COMMISSIONER FIALA: My question is, then, when -- the
way this is worded, is this only this one particular contract we're
voting on?
MR. WIDES: What we're discussing here are two work orders,
okay, one work order being for -- or the landfill monitoring, which
was $110,000, and the other work order was for the RFPs for all
those items, which was approximately 250,000. Those two work
orders individually would have violated the $90,000.
However, we are only taking these two work orders and putting
these two work orders under the correct public utilities engineering
contract. We -- these are the only two we're talking about.
COMMISSIONER FIALA: Oh, great. Because what I was
very concerned with was waiving all of the limitations in the future
for all others. The way I read it was the $90,000 threshold and the
$500,000 threshold we were -- we were giving you authorization to
waive them for every contract. I didn't realize --
MR. WIDES: No. This was not Carte blanch. This was
specifically for the two work orders referenced in--
COMMISSIONER FIALA: Okay. So for the record, then, this
is just for these two?
MR. WIDES: Right. And we will be -- we will be refining this
contract number to reflect the public utilities contract number.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COLETTA: I have a question on this. Are we
paying Malcolm Pirnie -- Pirnie for what our solid waste department
could also do on some of the monitoring? I'm kind of curious. I
know, as a rule, generally consultants receive funds that are in excess
Page 114
January 8, 2002
of what we normally pay our own staff.
MR. WIDES: Commissioner, the way I would respond to that
is, No. 1, I think Malcolm Pirnie has the expertise that we don't have
and also the staff capability that we do not have to do this ongoing
monitoring. We were doing some monitoring early on in the process,
but it was a very limited monitoring. It was stretching our resources
beyond the expertise we had. And they also offer the independence
of a separate contractor looking at the situation versus staff.
CHAIRMAN COLETTA: Well, and the more mechanical ends
of it, is there a possibility that we could hire Malcolm Pirnie to train
some staff people to be able to do that to save some money down the
road?
MR. WIDES: That is very much a possibility going forward,
especially as we put the -- put the framework in place for the type of
monitoring that should be done, the standards that should be done,
etc.
Now, will that require different or more staff?. That I can't
respond to. But at least it would give us the capabilities and the
guidelines to make that effort.
CHAIRMAN COLETTA: I have the good fortune to be out
there at the landfill witnessing what was taking place, and I'm very
much -- I think that Malcolm Pimie serves a very useful purpose, but
I kind of wondered when I seen them out there taking notes and
doing surveys and watching where certain items went if that wasn't a
function that could be done by our own staff. Possibly at some point
in time we can get a report back on this. MR. WIDES: Yes, sir.
CHAIRMAN COLETTA: The other commissioners agree on
that?
COMMISSIONER HENNING: How was everything at the
Naples Landfill?
Page 115
January 8, 2002
CHAIRMAN COLETTA: Well, I'll tell you. I'm glad we
named it Naples Landfill, even though it is located in Golden Gate
Estates. But everything seemed to be healthy, moving forward.
MR. MUDD: Commissioner, just another item. Jim Mudd
again. Malcolm Pirnie is training Gary Morocco and staff in order to
do those detailed inspections. We received two detailed inspections
from Malcolm Pimie on the -- on the landfill with pictures of things
that aren't correct out at the landfill, and we have gotten with Waste
Management on numerous occasions and one that I had the pleasure
to do just before Christmas to get them to respond to the corrective
items.
So far there's a list of six pages of items and only two that are in
the works of being corrected. It was made known to the -- the -- the
corporate heads of Waste Management that we have in Southwest
Florida that that wasn't correct. It wasn't sufficient, and they needed
to get on the ball and get those things corrected and -- and get
particular things in the landfill that needed to be fixed fixed and --
and get them under control based on their contract.
It's good right now that we've got Malcolm Pirnie. And the
reason that we put them in the monitoring row -- mold -- role was we
were under consent order for permit for that landfill. And if we had
to go to court in order to do that, then we would have needed more
than just staff. We would have had to have had some subject matter
expertise on the stand to -- it would -- basically our contractor is -- is
John Wong out there on site. It wouldn't be smart on our part if we
would have had to put John Wong on the stand representing his
company and representing the county in the same breath so --
CHAIRMAN COLETTA: I don't consider Mr. Wong to be part
of our staff. But possibly we may want to keep reviewing this to see
if we can keep -- we can keep our costs down on this.
MR. MUDD: Yes. Yes, sir. But he's the expert that we've got
Page 116
January 8, 2002
under contract out there operating that landfill. So Malcolm Pimie,
yes, we're trying to ooze them out of-- of the business to get our staff
up to speed so that we can continue to do that monitoring in the
future by ourselves.
CHAIRMAN COLETTA: Thank you, Mr. Mudd. Are there
any other questions of staff?. (No response.)
CHAIRMAN COLETTA: We have one speaker?
MS. FILSON: We have one speaker, Mr. Bob Krasowski.
MR. KRASOWSKI: Good afternoon, Commissioners. You're
the chairman now, Commissioner Coletta?
CHAIRMAN COLETTA: That's correct.
MR. KRASOWSKI: Oh, congratulations. I didn't know that.
CHAIRMAN COLETTA: I won't take anything away from you
for that.
MR. KRASOWSKI: Well, good for you.
I'm here today because earlier this morning I noticed that there
was a change to the agenda, and this item was to be put on.
My main concern -- I'm Bob Krasowski. I speak for myself
today, and also I'm involved in Zero Waste, Collier County,
collection of citizens that have an interest in the solid waste issue and
environmental ramifications, economical ramifications. And we're --
we're even below non-for-profit. We're no profit; we're no money;
we're no nothing. We're just people who have an interest in this, so
I'm not a lobbyist or anything like that.
And I remember in that July meeting when you had decided to
put out RFPs on these various components of the waste stream
management issue, you also -- we also discussed the waste
characterization and waste -- what was it called? Plan, waste plan.
And then you -- it was kind of vague, but -- and what I understood
was that you had decided to maybe look for bids from within your in-
Page 117
January 8, 2002
house engineering firms that you have under this public utilities that
have been preapproved. There's three or four. I think Malcolm
Pirnie is maybe one. Camp, Dresser, McGee (phonetic) is another
that can perform waste characterization studies.
But, also, it was mentioned that we might go outside of that
group and -- with an RFP to invite others to submit bids on
performing waste characterization study for the county. So obvious
benefit to know exactly what waste is comprised of.
Today it's -- I don't understand in the materials I have here -- this
is just changed to the agenda. I didn't see anything outside in the
book. But I'm a little unclear as to exactly how much money they're
asking for. We were hopeful-- Zero Waste was hopeful that
someone other than Malcolm Pirnie would perform the waste
characterization study. I understand from my conversations out in
the hall with Mr. Wides that what they're looking for now is the --
your approval for monies to be spent to allow Malcolm Pirnie to
prepare the RFP for a waste characterization study, and it was in the
ballpark of the $250,000.
To me that's, like, a lot of money. Maybe I don't understand
totally exactly what's involved here. I can see an expense in having
Malcolm Pirnie maybe evaluate those people who respond to the
RFP. That might cost something in time. But to actually prepare an
RFP to ask any interested parties to submit proposals to prepare the
waste characterization study -- it's the waste characterization study
that might cost some money, not the preparation of the RFP. Why
don't we have our purchasing department that's prepared the other
RFP Mr. Wides has referred to, you know, the organics and the
gasification and the processing and the -- the grease, waste, and that
stuff, why don't we have them do the boiler page -- plate RFP,
because all you're asking for is, hey, you, out there who has a
company with the expertise to analyze the waste stream here in
Page 118
January 8, 2002
Collier County, how much will you charge us to perform this waste
stream analysis? You know, and most of-- most of the information
we know already. You know, it's a -- there's a national waste stream.
There's -- that's all sorts of information on it.
So it just seems real expensive to me. Once again, maybe I don't
understand the whole thing. But I thought it would be a good
opportunity to get up here and ask that question. Number one, like,
how much are we expanding the -- the expenditures? How much
more do they want and exactly for what so that Malcolm Pirnie can
make this RFP which we can do on our own anyway? Can I ask
those questions?
MR. WIDES: Sure. Commissioners, to respond to Mr.
Krasowski, number one, we're not asking for any additional
expenditures than we asked for the budget amendment back in June
of this time frame.
Concerning the RFP itself and the RFP preparation process,
again, I think Mr. Krasowski has rightly stated that we have hired an
expert in that area to help us with the technical aspects of those RFPs.
We don't believe and we've -- we've had the discussions with our
purchasing staff, there's a level of knowledge here, a level of
expertise and a resource that is very valuable to us in -- in the form of
Malcolm Pirnie.
Now, could we have chosen someone else? We possibly could
have done that, but I would argue also, they have been involved in
this process all the way back to December and January of two -- well,
2000 and 2001. They understand the process. They understand the
ins and outs of this issue, so it was a very natural thing to work --
continue that relationship with them.
MR. KRASOWSKI: What would we be spending on that, if I
may? How much is it going to cost us to have them prepare and
evaluate the responses to the RFP specifically on the waste
Page 119
January 8, 2002
characterization study?
MR. WIDES: To prepare and to help us respond to it is
$250,000.
MR. KRASOWSKI: That seems like a lot of money to me, you
know.
CHAIRMAN COLETTA: Mr. Coyle.
COMMISSIONER COYLE: With respect to that expenditure,
Mr. Wides, is that -- is that a fixed-price contract, or is it primarily a
labor contract?
MR. WIDES: I believe -- let me check with our expert on that,
if I could, Mr. George Yilmaz. I think he could respond to that more
clearly. George Yilmaz, he's our director of solid waste.
MR. YILMAZ: For the record, George Yilmaz. Yes,
Commissioner, it is a fixed-engineering contract.
COMMISSIONER COYLE: And it-- it -- there's no chance
that it will exceed that amount?
MR. YILMAZ: Based on work order, work order itself is a
fixed-engineering work order percent contract executed by the board.
So it's a fixed amount, yes.
COMMISSIONER COYLE: Okay. So he gets that whether he
spends ten hours or a thousand hours on it? MR. YILMAZ: Yes.
MR. OLLIFF: I need to indicate, if you'll look at the backup as
well, not only is Malcolm Pirnie required to prepare the RFP and
review the RFP, but they also provided assistance in negotiating not
only contracts with the actual selected vendors, but they also, then,
provide assistance in negotiating contracts with energy purchasers
should there be energy production at the back end of any of those
technologies, as well as negotiating flow-control agreements with the
incorporated municipalities within the county, should we need an
interlocal agreements between the city and the county or the City of
Page 120
January8,2002
Marco and Collier County.
And those same requirements are there for both MSW, the
landfill gas utilization technical assistance, residential and
commercial organic wastes. So they have a lot of work associated
with that two hundred and sixty-two in addition to just preparing the
RFPs. So I think they provide a lot of contract negotiation assistance,
and that's probably where the majority of your -- your money will be
spent.
COMMISSIONER COYLE: Okay. Thank you.
MR. KRASOWSKI: Can I have one final question, please?
CHAIRMAN COLETTA: Go ahead.
MR. KRASOWSKI: Mr. Olliff, are you saying that the
$250,000 covers all of those RFPs and all of those activities?
MR. OLLIFF: Yes, sir, all of those --
MR. KRASOWSKI: Not exclusive to waste characterization.
MR. OLLIFF: Yes, sir. In fact, in the executive summary the
tasks that are backed up include all five task areas, and I think they'll
give you a real good breakdown of exactly where -- what Malcolm
Pirnie is going to do for the money.
MR. KRASOWSKI: Well, thanks for the information.
MR. MUDD: The waste characterization, that part is not in
there until we see the RFPs for any -- I know what you're talking
about, going through the garb -- going through the trash and figuring
out exactly what the percentages are. MR. KRASOWSKI: Yeah.
MR. MUDD: The problem we have is that original $500,000
contract that was out there that was back in FY '00 that was there. It
-- it had a -- it had a title. It had characterization in it, okay? And the
characterization part is -- is not in this at all. It's the RFPs and the
final contracts when they're selected in that process, and you're going
to be an observer during that process, if I remember correctly.
Page 121
January 8, 2002
MR. KRASOWSKI: It -- it actually, you know, would have
been nice to have the characterization study be -- to put that
information in the RFPs, because then people would have had more
information to determine how they might service us. MR. OLLIFF: I agree.
MR. MUDD: I'm trying to do it on the -- on the cheap, too, in
the fact that -- that Malcolm Pirnie has done some -- MR. KRASOWSKI: The cheap.
MR. MUDD: Yeah, I am. Because Malcolm Pirnie has done
some studies of the trash in Lee County and in Dade and -- and
Broward, and we're trying to get kind of an average. So we got it in
the ballpark before -- and tried to escape that cost of doing that
particular process if at all possible.
CHAIRMAN COLETTA: I have a question for you, Robert.
Are you receiving all this information in a timely fashion? For
a while you were totally in the loop. I want to make sure you're still
in the loop because you're a resource that we draw on for a lot of
answers.
MR. KRASOWSKI: I am pretty much, and I appreciate the --
you know, the response to my request for information. I must say
that the holidays threw us for another loop because these are two of
the three RFPs, and, you know, it's a lot of reading. I know you -- I --
I don't know. Did you read the RFPs? It's probably not necessary.
CHAIRMAN COLETTA: That's why I got you.
MR. KRASOWSKI: I won't even suggest you should have.
CHAIRMAN COLETTA: I need you to make a meeting with
my secretary so I can talk to you about some of--
MR. KRASOWSKI: Pretty much so, yes, we -- we are. And
I'm arranging Zero Waste and our people get together with Mr.
Yilmaz regularly, and we're going to set that up on a monthly thing.
We were critical the last time I saw you in December before the
Page 122
January 8, 2002
holidays to a -- to a degree of the way the RFPs joined the collection
and the organic processing was who -- or who processes organics
might have trucks to collect them as well, you know. But we've
talked about that. ! mean, we've made our point, and hopefully at the
end of all of this a nice result will occur.
CHAIRMAN COLETTA: I'm sure it will, Robert, especially
with you aiding us along the way.
MR. KRASOWSKI: Until I disagree with you.
CHAIRMAN COLETTA: Well, you'll never disagree because
there's nothing to disagree about.
MR. KRASOWSKI: We'll see this -- which brings us to
pyrolysis. But, no, we'll see what happens. But, yeah, thanks for the
clarification and--
MR. OLLIFF: And, Mr. Chairman, I'm going to caution the
board just to remember that because there's an RFP process that
you're going through and because Mr. Krasowski is a potential
vender, you don't want to have scheduled meetings at this point just
to--
CHAIRMAN COLETTA: He is a vendor?
MR. KRASOWSKI: No.
MR. OLLIFF: He is a potential.
MR. KRASOWSKI: No, not potential. Bob Dylan said, "When
you ain't got nothing, you've got nothing to lose." I've got nothing.
So I have nothing to lose. So I can move through this issue free.
MR. OLLIFF: That's fine then.
MR. KRASOWSKI: I have no intention of being a -- a vendor
or of any type. You know, and I vote -- we've tried to make that Zero
Waste as part of our -- you know, for you to understand that. We're
-- we're not looking for anything other than a citizen to participate in
this and to learn from the process, later on cash in in some other way.
CHAIRMAN COLETTA: Shame on me for a moment. For just
Page 123
January 8, 2002
a moment there I thought you were becoming a part of the
establishment.
MR. KRASOWSKI: See, that's it. I didn't want you or anybody
else to think by Mr. Ollift's comments that I was a potential vender.
I'm not, but maybe I'm shooting myself in the foot here.
MR. OLLIFF: No. Heaven forbid, I'm -- thanks for the
clarification.
MR. KRASOWSKI: Yeah, okay. Thanks.
CHAIRMAN COLETTA: Move on to the next item--
COMMISSIONER HENNING: Do you need a motion?
MR. WIDES: Commissioners, I believe we do not require any
action on this. We will move these work orders from this contract to
the appropriate contract. Therefore, we won't need any action on this
-- on this issue.
COMMISSIONER HENNING: Well, it was pulled from the
consent, so we do need a motion.
MR. OLLIFF: Actually, you don't because what they realized is
that what he tried to explain earlier is we have standing term
contracts.
COMMISSIONER HENNING: That's okay.
MR. OLLIFF: And you don't even need to waive the purchasing
policy or the bidding procedures in order for us to do the work with
Malcolm Pimie.
CHAIRMAN COLETTA: This was an informational item?
MR. OLLIFF: No. They're simply going to handle it in a
different way.
COMMISSIONER COYLE:
COMMISSIONER FIALA:
I appreciate it.
MR. WIDES:
It's a time filler; right?
Thanks a lot for your information.
You're welcome.
Page 124
January 8, 2002
Item # 1 OK
BUDGET AMENDMENT IN THE AMOUNT OF $165,000
TRANSFERRED FROM INCREMENTAL BEACH
MAINTENANCE ACTIVITIES TO WIGGINS PASS
MAINTENANCE DREDGING AND BID 02-3322 AWARDED TO
LAKE MICHIGAN CONTRACTORS IN THE AMOUNT OF
$513,000
CHAIRMAN COLETTA: Moving on, next item would be
10(K) which was formerly 16(C)7, to obtain approval on-- of a
budget amendment which transferred funding to Wiggin (sic) Pass
maintenance dredging and to contract with the recommended bidder.
I don't know who pulled this.
COMMISSIONER CARTER: Staff pulled it.
MR. WIDES: Commissioners, Tom Wides for the record.
We've talked about -- we've talked about our issues in other
areas, so we wanted to make sure we at least covered beach with you
for a few moments this afternoon.
COMMISSIONER FIALA: We get into sewers and landfills
and now beaches, huh?
MR. WIDES: We'll come back with potable water at a different
point in time, but we wanted to cover these three. Actually, all we
really wanted to make you aware of is that this is an item that, in fact,
for Wiggins Pass we had a planning process in place to put
approximately 42,000 cubic yards in place every other year.
Partially as a result of the storms during the previous summer,
we've recognized the need to continue this dredging and move it up
to a level of about 55,000 cubic yards, based on the surveys that
we've, in fact, put in place.
What we will be doing is, I believe, next week we will be going
Page 125
January 8, 2002
in front of the CAC, Coastal Advisory Committee, and the Tourist
Development Council to get their approval to -- for this incremental
funding in the amount of 165,000, because of the additional sand
required to be dredged. But we wanted to put this in front of you so
that you could understand the direction that we were going and, also,
ask for your approval contingent upon the approval of the TDC.
But, again, what we're doing, this is a planned project. We've
recognized the need to put a greater amount of sand in place than we
had originally anticipated. And, so, therefore, we are requesting an
additional $165,000 to put that additional sand in place at a
comparable price per cubic yard.
COMMISSIONER CARTER: I'm going to move for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: We -- we have a motion. Was that a
second?
COMMISSIONER COYLE: Second, yes.
CHAIRMAN COLETTA: A second, Commissioner Henning.
Any other questions? (No response.)
CHAIRMAN COLETTA: Call the question. All those in favor
by saying -- oh, wait. Hold it. Hold it. Go ahead.
MR. WEIGEL: One question for clarification. And that is if the
vote of this board is contingent upon the vote of the TDC, then the
TDC shall approve. If the TDC does not approve, what is the result
of the board's vote today? The TDC has an obligation to review it
and provide a vote. The obligation of the Board of County
Commissioners is to review it and provide a vote, but they are
generally not held to uphold the vote of the TDC, and I want to make
that very clear on the record.
MR. OLLIFF: So I think really what we want to say is subject
to the recommendation of presentation to and in a formal
Page 126
January 8, 2002
recommendation being made by the TDC --
MR. WEIGEL: I think that's fine, that it becomes of record. It
will -- it will occur historically at the TDC meeting. When that event
has held, then, at that point the vote -- vote of this board will become
effective.
MR. OLLIFF: The only reason we put this on the regular
agenda is simply because we're out of sequence a little bit. But for
timing issues we felt it important to get it as quickly through the
process as we could. We don't expect any objection to it. It's simply
a little more sand than we normally planned for, but because of the
meeting schedules of the TDC and the CAC and the board, we're
simply putting this on because you had the first opportunity for us to
get it in front of you, and we have a narrow window to do dredging.
COMMISSIONER HENNING: I amend my motion.
CHAIRMAN COLETTA: The motion stands; the second
stands. All those in favor indicate by saying aye.
(Unanimous response.)
CHAIRMAN COLETTA:
(No response.)
CHAIRMAN COLETTA:
MR. WIDES:
Opposed?
Five to zero. Thank you.
Commissioners, thank you.
Item # 15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN COLETTA: Move on to future agendas?
COMMISSIONER CARTER: Staff communications, I believe.
CHAIRMAN COLETTA: Oh, staff communications.
MR. OCHS: Thank you, Mr. Chairman. Leo Ochs, assistant
county manager.
Page 127
January 8, 2002
Very quickly, the county manager's office was recently
contacted by a representative from the State Division of Forestry for
some assistance in helping that agency meet its statutory public
meeting notice requirements. So with the board's indulgence, I'd just
like to make a quick announcement on that agency's behalf. And that
is that the Florida Department of Agriculture and Consumer Services,
the Division of Forestry, and the Okaloacoochee Slough State Forest
Management Plan Advisory Group will hold a public hearing on
Tuesday, January the 29th, 2002, at 6 p.m.
The meeting will be held at the LaBelle Civic Center, LaBelle,
Florida. The purpose of the meeting is to solicit public comments on
management of the Okaloacoochee Slough State Forest, and
comments may be presented orally at the meeting or in writing as
well at the hearing. Thank you for your indulgence.
COMMISSIONER HENNING: Where's the Hootchie-Cootchie
Slough?
MR. OCHS: Surprised that I'd be able to say that twice in one
day.
COMMISSIONER CARTER: These guys that are married in
the first year, they've always got to get it to that point; right? MR. OCHS: Thankyou.
MR. OLLIFF: Thank you. Now you know why I delegated that
item.
COMMISSIONER FIALA: Smart move.
MR. OLLIFF: Mr. Chairman, the only communication other
than that that I had was just simply a note that I had provided each of
you in response to your direction to me at the last meeting, a
proposed schedule that would include an agenda review-type
meeting, as well as the potential for splitting the board meeting into
two separate sessions, one dealing with land use and the other dealing
with regular board items. I will tell you that I've had the opportunity
Page 128
January 8, 2002
to meet with the majority of you about it and have not received any
overwhelming response in favor of-- of the idea.
COMMISSIONER FIALA: I'm glad to hear that.
MR. OLLIFF: And, in fact, I -- I'll take the opportunity to go
ahead and at least indicate that Commissioner Coletta as the new
chair has indicated that, you know, if that were to come about, that
he'd probably like to have the opportunity to see if he might just have
the opportunity to work with me and see if we couldn't manage the
meetings index a little better, perhaps, over the next couple of months
and see if there's -- there's not an improvement, perhaps, just the
speed with which we get through some meetings and that the board
might want to consider having a regular date set up for workshops on
a recurring basis should the board want to do that which I think
addressed one of the major issues that was raised in terms of not
having the public aware of the number of meetings that we have
because they're not on a scheduled recurring basis.
The commission -- the suggestion was that we circulate a memo
and ask the board which date might be the best date of the week --
best day of the week in order to have a specific workshop date set
aside, and-- and those were the two recommendations that I think
were provided to you today.
CHAIRMAN COLETTA: I might add to that that I'm going to
do -- make every effort possible to avoid these meetings that go to
nine o'clock at night. Commissioner Coyle, you went through -- you
went through it last year November and December being
unbelievable. With that I'm going to come back with a
recommendation in November and December that we hold weekly
meetings to be able to take the rush that's coming down and forget
any workshops and just concentrate on bringing the year to a close so
we don't have this large burden of everyone in the last minute to
settle their business before the end of the year.
Page 129
January 8, 2002
Also, too, I'd like for your consideration that when we see items
such as a Pelican Bay or as a -- oh, there was a number of them out
there, Falling Waters or Buck Run, that we take something like that
and make it a little more user friendly and plan that for a late
afternoon, evening-type meeting separate from our regular agenda, in
some cases maybe even two of those land-use issues.' But I'll -- I'll
come back to you and give you a more definite proposal so the
people that come to that will be able to react at a time away from
work without having to miss the time to be able to deal with their
issue on a more timely basis than we have been.
COMMISSIONER CARTER: Well, I--
CHAIRMAN COLETTA: One at a time. Commissioner Coyle
first.
COMMISSIONER COYLE: I -- I agree. I think the new
chairman has the opportunity -- should have the opportunity to -- to
structure this meeting -- these meetings in the way that is most
beneficial to the public and to the board.
Just a couple of-- of observations. And I hope this will be
considered with respect to -- to making the meetings more efficient.
Right now what happens is, we get a very, very large packet of
information, and we have a couple of days to review it. And then we
individually sit down with each member or members of the staff.
There is no review with the staff relative to this huge packet by all of
us. And -- and -- and a lot of times when one of you will ask the
question about something on the agenda, it triggers a thought for me.
It just seems to me that it's far more efficient for both the staff and the
Board of Commissioners if we could sit down and have a workshop
on this thing and we all get briefed the same information at the same
time, we have a chance to get our questions out, and -- and -- and in
that way we don't spend a lot of time during the meeting asking
questions that probably should have been asked of the staff prior to
Page 130
January 8, 2002
the meeting.
And -- and -- and the other -- the other thing is, the staff-- the
staff gives us an executive overview of every one of these things.
And frequently there's a tendency of staff to come in and repeat the
same thing to us again.
Now, I feel like I can read it, and I think that I can ask you
questions about it before the meeting. And I'm not necessarily sure I
need to have the same thing repeated again and -- in another meeting.
But that's just my personal preference. Maybe that's not the way you
want it to work.
COMMISSIONER FIALA: Well, I'd like to --
CHAIRMAN COLETTA: Commissioner Fiala, then
Commissioner Carter.
COMMISSIONER FIALA: Okay. My comment on that -- and
I understand where you're coming from because a lot of times the
questions that I ask Tom has said other people have asked, but you
know what? If we had that question, I bet somebody in the audience
or I bet somebody who is watching on television has no idea to the
answer. Now, we've thought -- made it our business to -- to get the
answer. And so we're satisfied. But then if they don't know, then
they're going to question it anyway. So a -- a lot of times I think it's a
good thing to -- to bring that out into the open. Like, for instance,
some of these dollar funding issues that we brought up today, if-- if
we wouldn't have brought them up, they wouldn't have known the
answers out there as well.
COMMISSIONER COYLE: Well -- well, but if you do that
during the workshop, the workshop is fully televised, and the public
has an opportunity to -- to understand then. And-- and I do agree
that that serves a useful purpose of educating the public about why
we're making a decision sometime. But I think we can use our
judgment as to when we need to bring that up in a board meeting.
Page 131
January 8, 2002
I'm -- I'm generally talking about just clarifications of some of
the things that -- that they're -- they're -- that the staff is
recommending to us. But I -- I just submit that for your -- your
consideration.
CHAIRMAN COLETTA: No. I'm glad you are. You're
bringing it up, and, Commissioner Carter, I'd like to hear what you
have to say, being the senior member of this board.
COMMISSIONER CARTER: Yeah. I feel like the old man of
this board after three years.
CHAIRMAN COLETTA: I'm looking for your wisdom.
COMMISSIONER CARTER: I wish I was so smart. The
points that Commissioner Coyle makes are well taken. My greatest
concern is that we don't get trapped into having a lot of meetings that
never in my judgment improved efficiency of an organization in its
whole -- whole life. If we have a preworkshop, I think at that point
if you had -- and I would suggest two hours because if we can't get
through it in two hours, there's something basically wrong with us,
that once that is discussed here, I don't want to, in my judgment, see
it come back and get rehashed out here in a board meeting. We've
already answered those questions. If somebody has a question about
it, they will come to us with a public comment slip and say I have a
question, and I would like information, and that's what it's all about.
But in my almost -- I'm going in my fourth year on the board. I don't
think if-- I've had one or two people ever come to me and ask a
question after the fact about a consent agenda or a summary agenda.
They don't do that.
So it does provide an opportunity to get some of the things in
there. I'm not against that. I think we have to have some flexibility
in -- when you have a heavy, heavy agenda -- and I would look to
you, Mr. Chairman, and the county manager to say, look, we are
coming up in this quarter and have some major land use and
Page 132
January 8, 2002
operational decisions. I think we better go to a flex schedule here and
maybe split this program.
But I don't want to see us get locked down into, oh, my gosh,
we've changed this, and we never can deviate from it, because if we
do that, I think we will lose our efficiency in taking us to the next
level.
We've had some extraordinary circumstances that took place in
2001. When you operate with only four commissioners, it backlogs
everything. And the new commissioner is coming in, got the brunt of
the backlog, and then we went short again, and then Commissioner
Coyle got the brunt of the backlog. You know, hopefully we're not
going to go through that scenario again.
So with some caution here, I'm supportive of what you're saying,
Mr. Coyle -- Commissioner Coyle, and I would like to see us work to
that next level, because I think it's time to go to the next level.
It's not a question of how many times we meet as a Board of
County Commissioners; it's a question of what we get done and are
we efficient and have we used our time effectively, because if you get
too many meetings, how are you going to serve your constituents?
CHAIRMAN COLETTA: Wait. Wait just a minute. If I may, I
want to have a shot of this, too, because I'm in the middle of it. I'm
going to offer you some advice as a person who's had 13 months of
experience with this job. The background that you need to be able to
operate efficiently is not only this agenda here -- this is only the
beginning of it. You need to read the planning committee agenda.
Try to watch the meetings on issues that are of importance. You need
to read the minutes from all the subcommittee meetings, and you
need to attend some of their meetings every now and then, and this
keeps you in touch of it so when it does arrive at your front door
you're pretty well versed at every subject coming up. It's not no
mystery. Anyone that takes this book home on Thursday and thinks
Page 133
January 8, 2002
when they walk back here on Tuesday they've got all the answers,
they don't.
In fact, what I do on Saturday and Sunday, I go through here and
try to find fault with it. I -- I rely on outside sources other than staff
for a lot of answers. I go and I call people up that are mentioned in
here, and I question them. And this is on items that are coming up as
far as the legal end of it. But I question them on it. Sometimes I
draw them out and get them to come to the meeting and raise
objections to it to what's taking place. That's my vision of what a
commissioner is. It's a lot more than just this particular meeting.
I do hear what you're saying about the agenda, but I'll tell you
something. I know it would be a lot easier for staff if they only had
to come to this meeting for, like, two hours and answer our questions
collectively, but I like to get into their head. At that point in time
they walk into the office, I want them all for myself. I can go into
great detail with what my questions are. And my questions are pretty
specific because I've done a lot of research about anything that
arrives at my front door. I'd hate to lose that opportunity. If we did
it, I would still insist on staff coming in to talk to me ahead of time,
and I would like to tie it into something that would give me a full day
of employment.
I don't want a two-hour session where I have to leave
Immokalee and Everglade City for that day, be down here for the
two-hour session, and then everything is lost for the rest of the day. I
want to be productive to the ut -- to the utmost I can possibly be. I
put in about 50 hours, 60 hours a week with this, even Saturdays and
Sundays. And I don't want to spend a two-hour day in here just with
the agenda. If it's tied in with something else, great. If we want to do
it, we might want to consider doing it in the evening. That would be
fine. I can still do my day, come here in the evening. Then we can
do it from six o'clock to eight o'clock. We might want to think about.
Page 134
January 8, 2002
Well, that's my thoughts.
COMMISSIONER CARTER: You might be pretty lonely
between six and eight.
COMMISSIONER COYLE: You know, I've done this before,
so I really don't need to be lectured about w hat I have to do to -- to
perform my responsibilities.
CHAIRMAN COLETTA: I apologize if that's what it appeared
to be.
COMMISSIONER COYLE: Nevertheless, the -- the issue
essentially is this: Each of us takes up staff time, and-- and that's a
waste of time. If we sit down together and we go through these
things as a group, we can utilize the staff more efficiently. We can
use ourselves more efficiently. And by having a general discussion,
we benefit from each others' questions. I can't sit in your office and
learn about the questions --
CHAIRMAN COLETTA: No, you can't.
COMMISSIONER COYLE: I can't sit there and listen how you
get into his head. If-- if you want me to benefit from that, then I'd
like to see you do that. Okay. I'd like to see you get into his head
and to the staff members, and I'd like to be present when that happens
because I'd like to be there too. So, you know, it's not a matter of--
of wasting time. It's a matter of saving time.
COMMISSIONER CARTER: Well, that's precisely my point.
COMMISSIONER COYLE: Make you more efficient.
COMMISSIONER CARTER: I'm with you. If we do that
workshop, I would expect this board meeting to be expedited.
COMMISSIONER COYLE: Yeah.
COMMISSIONER CARTER: Because we have done the
questioning, and we're not leaving out the population because they've
got a workshop to watch. And it is a rerun of the workshop. So if
you're -- don't see it until evening, you've got a chance to see it.
Page 135
January 8, 2002
I will share this. This is a breakdown of what it costs to run a
meeting. This is a cost of every person you call into your office per
hour, and this was provided to me by the county manager's office,
and I will share it with everyone. You know, the meter is running.
It's just like talking to an attorney or a CPA when you call them in
here. And I want to maximize that time. When it costs me fifteen
five to run a board meeting at staff time, I'm saying, you know, a
workshop runs us another $1500; that's a good investment of money
as long as we're getting something done. But--
COMMISSIONER COYLE: I agree with you. If it's -- if it's
duplicated in the regular meeting, it serves no -- no purpose.
COMMISSIONER CARTER: I'm flexible, Commissioner. I
think your ideas are great. I think we need to get to the next level of
the commission as we ask our county management team to get to the
next level. We're going to have an opportunity the end of January in
our planning workshop to get at that item big time.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Yes.
CHAIRMAN COLETTA: Do you want to weigh in on this?
COMMISSIONER HENNING: On this one topic? Let's see
what it -- how much staff members that you're going to have there
and know right now what it is is you're -- yourself or one of your
deputies come down and -- and have the one-on-one that lasts an hour
or so. Are we going to have a bunch of staff members at this
premeeting hearing?
MR. OLLIFF' Well, the way it's been proposed, the board the
morning of the workshop -- because the workshop was scheduled to
begin at one in the afternoon on a Monday, the board members would
let us know which items they intended to ask some questions about or
what they had issues with so that we could make sure we only had the
staff that needed to be at the workshop there scheduled at one o'clock.
Page 136
January 8, 2002
Are there likely to be more staff members than are currently
meeting individually with you? Yes, probably so because I don't
drag the utilities and the transportation or the solid waste staff with us
when we meet with you individually in advance of a board meeting.
Can they -- can they be effective and -- and can they be more
efficient in terms of helping us run the board meetings? It depends a
lot on how disciplined, frankly, we are when we get back together as
a board on that following Tuesday and whether we did flush out all
the issues and questions we had during the workshop and whether
we're able then to just simply get to public comment and decisions
and -- and that I can't answer.
COMMISSIONER FIALA: Okay. I have another -- I agree
with you. I think a workshop was nice in that, again, the people out
there can hear the questions we have to ask and -- and the answers
that we receive. That's a good form of communication.
My -- my problem lies with the time that we -- that we need for
this. Number one, I don't know about the rest of you, but I have my
whole year planned. I'm sure you-all do, too; right? Every Tuesday
for the next year is blocked out, and all Mondays are blocked for
communication with people who have an issue on the agenda as well
as with staff. Every Thursday I spend on Marco Island. That's my
day for Marco. And -- because I -- I need to give them time. I'm sure
each one of you have time in your respective communities as well.
So I'm thinking of how can we work this so that we still have the
time we've allocated for the year and -- and -- and work this
workshop in. Is there a way that we can accommodate both of us?
CHAIRMAN COLETTA: Late in the day would work out
excellent. I could still get done what I have to do and be here for a
workshop. I have no problem with spending the time. It's just that I
don't want to cut out Everglades, Immokalee --
COMMISSIONER FIALA: And you shouldn't.
Page 137
January 8, 2002
CHAIRMAN COLETTA: -- because it takes me forever to get
there and get back. So the whole day is shot for a two-to-four-hour
meeting. If we did it late in the day, I wouldn't have a problem. The
later the better, and it would be absolutely wonderful. I think we
could benefit from this.
COMMISSIONER CARTER: With all due respect, I've got to
disagree with that, Commissioner. I've got homeowner meetings up
the gazoo coming up in the next three months, and those start at
seven. And sometimes I've got afternoon meetings of homeowner
groups. I -- I'm not going to go to this evening stuff any more than
I've already committed.
But, frankly, if that's a decision by the board, I will have to
choose accordingly which ones I think I can be to and still get my job
done as a commissioner.
COMMISSIONER COYLE: Can I make a suggestion? Let's
leave this up to the chairman, and let's forget the idea of the
workshop. It's clear that the board doesn't like it. I -- I will withdraw
my suggestion, and let us proceed exactly the way we were doing it
right now.
CHAIRMAN COLETTA: Well, I -- I think you're -- we're too
deep into it now. There is interest other than just you and the subject.
COMMISSIONER FIALA: I like the idea.
COMMISSIONER COYLE: I think it's too disruptive, quite
frankly. So -- so rather than -- than create any further disruption in
your schedules, let's do it the way we've been doing it.
COMMISSIONER FIALA: I would just add --
COMMISSIONER COYLE: And see how efficient it works.
COMMISSIONER FIALA: I could add it to my schedule on a
Monday night.
CHAIRMAN COLETTA: I'm for it, adding it to the schedule.
think it's an excellent idea. Let's leave the subject open. You can
I
Page 138
January 8, 2002
withdraw it, but I still think it's a subject for consideration.
COMMISSIONER CARTER: I think it has merit, and I think
splitting certain board meetings where it's heavy operational in land
use has a great deal of merit. And there's a number of commissions
that do that. So I think that we maybe get to situational in this
discussion. I will leave it up to the chair and the county
administration to come back and rework it with Commissioner Coyle.
I am not against doing a workshop. I just am not going to commit
myself to an evening to do that.
COMMISSIONER COYLE: Yeah, I understand that. I
understand that. I, quite frankly, don't think it's necessary. I'm not
going to debate it anymore. I've worked under those circumstances.
I know how well it works, but the chairman has the responsibility for
making those kinds of decisions, and I think the chairman should --
should have the flexibility to do that. Okay?
CHAIRMAN COLETTA: Thank you. I'm sorry. Do you have
anything else?
MR. OLLIFF: That's all.
CHAIRMAN COLETTA: Mr. Weigel?
MR. WEIGEL: On a lighter note, we've received -- just
received yesterday afternoon from the civil rights division voting
section of the Department of Justice their letter of no objection to the
recent Board of County Commissioners redistricting effort that was
approved by this board. And this is still warm in my hand. I'll be
providing you each individual copies of it as well as to Mike Carr and
Chuck Molhke, the supervisor of elections. I just want to let you
know about it here. I'm going to provide it to the clerk to spread in
the record, the minutes of this meeting, and we have the original in
our office with our file.
CHAIRMAN COLETTA: Thank you.
Comments from the commissioners? Commissioner Henning?
Page 139
January 8, 2002
COMMISSIONER HENNING: Yes. It's -- it was a nice break
that we had, and I -- I missed each and every one of you. I enjoy
being back, and one of the items -- no, I really.
COMMISSIONER CARTER: I thought you didn't miss us at
all.
COMMISSIONER HENNING: No, I really do enjoy each and
every one of you and your comments. The last time we met we had
an item on the agenda that I had a lot of heartburn with making a
decision, and that was the Kathy Prutos contract for $12,000 a month.
The question that -- I guess that I failed to ask is, do we have the
expertise in-house that we can do that duty that Kathy Prutos is doing
and -- and-- and save some money. So -- I guess that's your
department, John.
MR. DUNNUCK: For the record, John Dunnuck, public
services administrator, former community development
environmental services administrator.
To answer your question, Commissioners, we -- we've been in
contact as a follow-up to that meeting with Miss Prutos to -- to find
out exactly what those overhead expenses are on her part. We've just
received them as of about a day and a half ago, and we are doing the
analysis to see if potentially we can do it cheaper in-house. And I
think that's the question the board's asking.
I've directed Bleu Wallace to bring back an item to the
commission, and I think he may be able to meet the 22nd deadline of
-- of January to -- to present that back to the Board of County
Commissioners and -- and see if we, in fact, can -- can work it out a
little more efficiently than what it's currently being managed dollar
wise.
COMMISSIONER CARTER: I would agree with
Commissioner Henning. I have the same -- same problems.
Unfortunately, I had to leave before that vote was taken. But I think
Page 140
January8,2002
divisioning process with the T -- with the tourism alliance and
looking at how we move this internally and we really have a month-
to-month sit -- well, we have a right to cancel the contract with
anybody in that operation within 30 days, and I think that gives us the
window of opportunity as we go through this to determine what is the
best -- best way for Collier County to address this. And I'm like you,
Commissioner Henning. I'm looking forward to that divisioning in a
way that we take it internal and get the job done.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I -- I agree with that also.
I have two concerns: One is the $64,000 over budget
expenditure from the prior year, and -- and I would just hope that you
bring that back to the board and it -- it doesn't require that the -- the
taxpayers or somebody make up that money. Okay? That -- that is a
-- is a great concern from my standpoint with respect to management
of those funds.
The second thing is that the tourism alliance, as I understood it,
was coming back with some recommendations about how they would
like to have this structured. And I believe the time frame was three to
five weeks from sometime early, mid-December. So we are
approaching that point. Do we know if we're on schedule with --
with receiving those recommendations?
MR. DUNNUCK: Well, I think the board's direction was that
we have a plan together in place by March 1st. I think that's the
direction. We've discussed the visioning that Commissioner Carter
alluded to which I think they are -- they have all the players involved
in it in a three- to four-hour visioning meeting scheduled for January
18th, so it's upcoming.
To answer the other question with regard to the invoicing, the
dollar amount's up to about $76,000 right now from what we've been
able to uncover up to this point, and we will be bringing that -- that
Page 141
January 8, 2002
back to the Board of County Commissioners on January 22nd.
COMMISSIONER COYLE: Okay. Thank you. That's all I
have.
COMMISSIONER FIALA: I'd like to just add, I'm so glad you
brought this back up. I've been having a lot of heartburn about it
myself. Thank you.
COMMISSIONER HENNING: Just to -- just to finish up -- and
I was sincere -- I think this board is very diverse and -- and well
meaning and -- and working for the community. So I did have some
thoughts of what everybody is up to and what's their schedule for the
next upcoming year so ...
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: I'm-- I'm okay. No more.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have two things that I would
like to bring up. First of all, I would like to ask you, Commissioners,
number one, we had -- we voted on something at the last meeting,
actually two things that we voted on. I'll bring each one separately.
On Polly Avenue we voted on some acreage that a man wanted to
divide. He had, I believe, 4.7 acres or something like that. And the
man wanted to divide it.
The material that he presented to us was that he wanted to divide
this property in half, 2.7 acres each or something to build a house for
his son on his property.
Lo and behold, the very next day he then put a for sale sign on
his property for one and a quarter acres at $82,000 apparently not
planning on doing it after all. So my problems are, number one, I felt
we were duped there. Number two, maybe -- maybe it's okay to be
duped, but the neighbors were never notified that this was going to
happen. It only came before the planning board five days before it
came before us. So we had no time to notify anybody of the public
Page 142
January 8, 2002
meeting. The neighbors didn't have a chance to respond. We, as a
board, then, said to the audience, is there anybody that objects to this.
Nobody did, and we figured, well, that was fine. If nobody had a
problem with that, even though these are all ag lands back there, we
would vote with it.
Well, lo and behold, the reason we -- nobody responded was
because nobody was notified. So I've had a few calls. This is in my
district. I've had a few calls from some of the people in the area
saying they're very unhappy with this. They at least wanted to be
able to respond. So what I'm doing is asking you as a board if we
would be allowed to bring this back before you for reconsideration
and this time publicize it so that the neighbors in the area can bring
their comments forward.
CHAIRMAN COLETTA: Before we go any farther-- I know,
Commissioner Henning, you're next -- are we within our legal
abilities to be able to do this, or is the time period passed?
MR. WEIGEL: The time period is passed. Under the
reconsideration ordinance, member voting with a majority on an
approved item such as this may bring the item back either during the
meeting that it was voted upon or subsequent to the meeting, but it
must be done by the procedure of the reconsideration ordinance
which requires a memo to the county manager at least six days prior
to the item being placed on the agenda for a -- an initial motion to
reconsider.
Now, as you recall, the initial motion to reconsider merely then
would schedule the item for reconsideration on the matter in chief at
the next available board meeting, regular meeting.
In this particular case, the action taken was on December 1 lth, I
believe, and we're at January 8th right now. The next board meeting
is January 22nd, and the -- a -- a vote on a motion to reconsider must
occur, according to our law, within 30 days of the original approval.
Page 143
January 8, 2002
So I think in this particular case our ordinance, our procedure,
would make any additional reconsideration and potential revocation
of a rezone that was given suspect. And I'd have to advise -- more
than suspect. I'd have to advise you that it had legal significant legal
problems along that way.
But I think it's also important to note that in the consideration
that this board and the planning commission has of a zoning change
-- in this case I believe it was from agricultural zoning to a residential
zoning -- that the ultimate immediate desire, the immediate or
alternate later desire of the petitioner, the owner, to the use they're
going to put of their land, a specific use of divide it, sell it to their
mother-in-law or provide a home or break it right down the middle,
ultimately is not of the -- of the matters for consideration of the board
in a rezone. The board looks at the compatibility and the -- and the
passage of time and the compatibility of the requested change in
zoning with the property that's around it.
And ultimately the density of the property, in this case
potentially being divided into more lots than apparently was indicated
on the record as a split down the middle, the density of the property is
the density of the zoning that you approve. And whether there's an
initial development pursuant to a promise or breaking a promise to
build the property at less than its maximum density doesn't change
the fact that the property when rezoned can ultimately be developed
to the density that the code allows for that particular parcel.
And the same thing happens for redevelopment, as we see in
North Naples later on, you know, at a later point in time when market
conditions may make such a -- such a change feasible.
So if you were to bring this back for reconsideration, which I
don't see the procedure there -- there for you to do, the fact is that the
discussion or promises of who they sell the home to or how they
divide the land at any particular point of time is not really germane to
Page 144
January 8, 2002
the compatibility and the review of the zoning -- rezoning application
against our comprehensive plan. And this particular parcel on Holly
Avenue, I think it was -- Holly or Polly. COMMISSIONER FIALA: Polly.
MR. WEIGEL: This one's Polly -- is in the urban area, so it's ag
land in the urban area, and that was another element that was taken
into consideration in the presentation.
One last thing, in regard to the advertisement, this is where I
think you can, in fact, direct staff, county manager, county attorney,
to review and see if-- in fact, if there was a lack of advertisement or
something illegal in the procedure which taints the procedure in any
other way, and then we would come back to you and provide you a
memo report and-- and, if need be, an agenda item also letting
anyone in the neighborhood that wishes to become a part of or has
already become a part of the discussions with staff be fully advised so
if it is to come back to a board, they'll know; and if it's not to come
back to a board, they'll know that too.
CHAIRMAN COLETTA: Commissioner Henning, did you
have something?
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: You had two items, two? I'm sorry.
You finished this item up.
COMMISSIONER FIALA: Yes, thank you. And I believe that
because it -- it appears that we did not follow procedure before
bringing it forward. Plus, of course, we've had the holidays in
between this area and six days before would have been the ! st of
January which -- or 2nd of January, which wouldn't have been very
good, meaning that we had all of those days off.
But going back to -- originally to what I was starting to say, I
don't think we followed procedure correctly in the beginning because
we didn't notify the public. We didn't notify the neighbors in time
Page 145
January 8, 2002
enough to prepare for this meeting. In fact, no one even knew of it,
so they weren't here.
MR. WEIGEL: Right.
COMMISSIONER FIALA: I believe that we owe them that. I
don't -- I don't see that that's illegal. What I'm saying is it didn't
follow procedure, and so I would really like to bring that back. Not
only that, but then I specifically remember in our material the man
was supposed to divide it in two equal parts, 2.4, 2.7, something like
that. And now he's not dividing it into that. He's selling it at one --
one-third or one-fourth of it, 1.4 acres instead. And I just feel that
this is something I would like to look at again, and I would ask the
other board members to work with me and -- and revisit this.
MR. WEIGEL: Okay. Well, and if you bring it back, that will
be fine. And I will advise you legally on all aspects of any decisions
that you may entertain at that time. But in the meantime, Tom and I
will roll up our sleeves to look to see what aspects of the procedure
may have been missed. I'm not sure factually that that is the case,
that the advertisement wasn't there. But we will check that out and --
and, you know, advise you individually through mail -- in a group --
in a group memo so you're all advised in that regard. We will do that
post haste.
But if you bring the matter back, obviously I'm always
constrained to do to the collective board. I will make you -- I will
provide you the advice that I do so you can make the decision.
CHAIRMAN COLETTA: Commissioner Coyle.
COMMISSIONER COYLE: With respect to what constitutes
proper public notice, there was a sign on the property that was
publish -- that was placed there for a long period of time concerning
the fact it was going to be rezoned. Does that constitute proper
notice?
MR. WEIGEL: It may. Typically on that signing is also the
Page 146
January 8, 2002
information as to when the hearings will be held. There's a
possibility, by virtue of the short time between the planning
cormnission and the Board of County Commissioners' meeting, that
there were continuances of one or the other bodies of hearing this
matter, which may play hob with the process. We want to look at
that very closely.
COMMISSIONER COYLE: I agree with Commissioner Fiala.
I don't like being hoodwinked on things like this. MR. WEIGEL: Right.
COMMISSIONER COYLE: I've seen it done before. I don't
like it. If we can do anything about it, I'd like to do it.
COMMISSIONER FIALA: Thanks.
COMMISSIONER CARTER: I would concur, Commissioner
Fiala and Coyle, that if there has been a violation of due process, we
need to bring it back and revisit it. I think the other thing we can
learn from this is don't make land-use decisions on the personal side
of it. The land-use decision is made on the basis regardless of
whether his son builds there or Joe Jones. It's a land-use decision.
Are you going to make that decision based on that basis and keep the
personal aspects out of it, because they're going to come back and
haunt you every time? And any petitioner that comes in front of us is
a lesson learned. I don't care what they do with it. I'm going to
evaluate it on the merits of a land use, and from there they can do
whatever they want with it.
CHAIRMAN COLETTA: In any case, I think I see four
commissioners asking for a report back from the county attorney.
COMMISSIONER CARTER: Right. I want to make sure we
didn't violate process.
CHAIRMAN COLETTA: Right.
COMMISSIONER CARTER: But if we didn't, then it has to
stand.
Page 147
January 8, 2002
COMMISSIONER COYLE: Yup.
COMMISSIONER CARTER: And there is a certain process for
reconsideration regardless, and all of us have to always be in tune
with that. Believe me, Commissioner. I've missed a couple
opportunities because I didn't follow that process.
CHAIRMAN COLETTA: Commissioner Fiala, I believe you
said you have two items.
COMMISSIONER FIALA: Yes, that's the first one. And thank
you very much.
The second one, last night at the Republican executive
committee -- you were there, Commissioner Coyle, and you were
there, Commissioner Carter -- they -- they had speakers from the
Hispanic community, representing the Hispanic community who then
had asked the same question that they had asked of us, and that was if
-- if they would support or encourage -- or support a resolution to
encourage dialogue between the two communities without ever
giving any support or anything. And I spoke with Mike Carr
afterwards, and Mike said he would hope that we would bring that
back forward. I said I really couldn't do that because I voted in favor
of it. I wasn't with the majority, and I was just wondering if anybody
else wanted to have that brought before us?
COMMISSIONER CARTER: First of all, it's gone past the
point of reconsideration. Number two, whether it came back or not, I
wouldn't change my vote.
COMMISSIONER COYLE: They have the option of bringing
it back to the commission if they want to do so.
COMMISSIONER FIALA: Do they?
MR. OLLIFF: (Nodded head.)
COMMISSIONER FIALA: Okay.
Thank you. Okay. I -- I can suggest to Mike Carr, then, if he
would like to talk with them and see if they wanted to bring it back
Page 148
January 8, 2002
forward, he could do that; right?
COMMISSIONER HENNING: Why don't you suggest to Mike
Carr that the Republican party ask the farmers to sit down with the --.
COMMISSIONER FIALA: They did. They voted for that last
night.
COMMISSIONER CARTER: That's what they voted to do.
COMMISSIONER HENNING: No.
to reconsider.
COMMISSIONERFIALA: No. No.
Not for the commissioners
They voted -- they
voted to send a resolution to the farmers asking them to have a
dialogue. It had nothing to do with commissioners.
COMMISSIONER COYLE: The objective last night was to
encourage Hispanic members of the community to participate in the
political process and in the Republican party in particular. And that
certainly was -- was an effort by the Republican party to open up
their arms and try to get them to participate. And in that context, the
motion, I think, was very appropriate.
But I think what Commissioner Henning might have been
getting at is that -- is that something more than a resolution has to be
done if somebody expects to solve this problem and -- and we can
have resolutions for -- until we have snow here in Naples, and we're
not going to solve that problem. It would seem to me and -- and,
perhaps, you'd want to talk with Mike Carr about this, and I'd be
happy to do so also, but it might be appropriate that the Republican
executive committee establish a committee that is designed to help
deal with that issue and-- and get away from these -- these
resolutions which, quite frankly, don't accomplish anything, in my
mind. I believe that the Hispanic members of the community would
be far more interested in a subcommittee of some kind of the
Republican executive committee that would go out and help them
solve some of these problems and thereby convince them that, yes,
Page 149
January 8, 2002
they are welcome in the Republican party and, yes, we do need their
support to fight this -- this partitioning of Collier and Lee County
because as sympathetic as I am to the problem, I -- I think it's a
useless exercise. We've already tried to get the growers involved,
yes, twice. And what they're going to do is ignore any resolution we
pass. So we're -- nothing is going to be accomplished.
So all I'm suggesting is that the Republican executive committee
and Republican party in general wants to encourage the Hispanic
members of the community to get involved. And I can't think of a
better way to do that than -- than to have the Republican party and the
executive committee take the issue in hand and go do something with
it.
CHAIRMAN COLETTA: I think that's an excellent idea
myself.
COMMISSIONER CARTER: I -- I con -- concur,
Commissioner Coyle. And as I said before, Florida Gulf Coast
University offers resources. And I really believe that's far more
productive than resolutions to address those issues and -- and to move
forward with the process.
And I believe the Board of County Commissioners has made a
lot of commitments to the areas that really impact Immokalee, and
that's getting the right housing, getting a lot of the stuff cleaned up,
the initiatives, doing so much to support what we can really help the
community with versus passing a resolution, which I agree with you a
resolution is a resolution is a resolution.
CHAIRMAN COLETTA: Thank you.
COMMISSIONER CARTER: I guess even though you think
I'm Commissioner Henning, I -- that's forgotten, you know, forgotten
already.
Just a couple quick items. One, I received a letter from the
Collier County Airport Authority where their board unanimously
Page 150
January 8, 2002
voted and requested that we have a workshop with their board at the
Immokalee Airport subject to, you know, our approval and our
agenda that we worked out with the county manager.
So the question before this board is, would you like a joint
meeting with the airport authority board? And they have presented
an agenda which I will circulate to you and how they would like to
interact with this and do a better job.
CHAIRMAN COLETTA: Does that include the productivity
committee, members coming to be part of this discussion and
workshop? I think because of the history they've got with it, it might
be advantageous if we included them.
COMMISSIONER CARTER: I don't -- they're just giving us a
suggested outline. We could add anything that you would desire,
Cormnissioner.
CHAIRMAN COLETTA: Speaking of the productivity
committee, not that I want to jump in on your five minutes here, but
we need -- Mr. Henning, you just inherited it by becoming the vice
chair. I kind of hope that we'll be able to wean him off the airport
authority by coming up with some answers that are over and above
what we've been able to get so far so that we can start the
productivity committee, move -- moving back towards the business
of making us productive in county government, which originally it
was set up to do.
COMMISSIONER CARTER: And I'll give that to you, and
copies should go to the commissioners.
CHAIRMAN COLETTA: I'll see that everyone gets a copy.
COMMISSIONER CARTER: I'll leave that in your good
hands, Mr. Chairman.
CHAIRMAN COLETTA: I guess -- do you have any other
comments?
COMMISSIONER CARTER: Just a couple of quick things. It's
Page 151
January 8, 2002
whatever the board will eventually decide they want to do. Before I
had the pleasure as chair -- I had a vice chair for the majority of that
period who had already been a chairperson who had the experience.
But what's happened in the past, when you're a vice chair and you're
not given an opportunity to participate in the brief time we operated,
Commissioner Coletta, we begin to make some transition there to
accomplish that. So my suggestions, for whatever they're worth, is
that the -- the chairperson has an opportunity to work with other.
commissioners. For example, the vice chair well could chair the
TDC, and that is done in many, many counties where that person
takes that load off-- off of the chairperson.
There probably isn't any reason where, if you wanted to have a
chairperson for the LDC amendment process, become the focus of
that so that some of the workload is -- is disbursed from the chair.
And I -- and I would say -- and all people have been in -- in that seat,
there's a horrendous amount of paperwork that you're about to
experience.
Number two, there are a lot of demands from the community
because you are the chair, or if you are a mayor, they -- they come to
you, and they want you to come and be a part of the process. So I
think it -- you don't have enough demands on your time already, you
will find that you have another challenge.
CHAIRMAN COLETTA: I hear you.
COMMISSIONER CARTER: So whatever works for you as a
chairperson, you know, Godspeed. I think that today you did a great
job, and I -- and I applaud you, and it's my pleasure to slide down
here and just watch this thing continue to grow. Thank you.
CHAIRMAN COLETTA: Thank you. And I have the final
comments. I just want to say that it's really a privilege to receive this
honor. I realize it's an extra workload, and I am sure before we finish
up our tender (sic) here that each one of you in turn will also do it.
Page 152
January 8, 2002
You're all very capable people, and I've enjoyed serving under you
when you were chair as the vice chair, and I'm looking forward to
being the chair this year, and in the future I'll look forward to serving
underneath the rest of you. I see you raising your hand. Something
-- something you wanted to say, Mr. Olliff?. MR. OLLIFF: Good luck, Godspeed.
CHAIRMAN COLETTA: Were you waving good-bye?
MR. OLLIFF: I'm trying to -- to determine whether the board
made a decision on a workshop with the airport authority or not. I'm
not sure that I got a decision from the board.
CHAIRMAN COLETTA: I -- I am for it. We got one, two,
three, four, five.
COMMISSIONER HENNING: I would-- my only comments
-- and I haven't seen the agenda, but why can't we do it here in this
meeting room where the majority of the people are that utilize airport
author-- airport--
CHAIRMAN COLETTA: And we've got our staff here to be
able to call on for assistance.
COMMISSIONER CARTER: I think under agenda,
Commissioner Henning, the reason that I suggest that they want you
to have the opportunity to tour the incubator facility, but that's
something that can done on an individual basis. COMMISSIONER HENNING: Sure.
COMMISSIONER CARTER: It's the pleasure of the board.
MR. OLLIFF: Or you could combine it with your January 15th
Immokalee town hall meeting that's already scheduled to be in
Immokalee, and that would allow you to combine meetings.
COMMISSIONER HENNING: Sure. That's a great idea.
COMMISSIONER FIALA: That's a great idea.
MR. OLLIFF: I'll take those five nodding heads as direction
that we'll try our best to combine those on the January 15th meeting.
Page 153
January 8, 2002
CHAIRMAN COLETTA: And with that, I won't delay this
meeting any longer. Let's bring it to a close.
Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted:
Item #16Al
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION FOR A DRAINAGE PROJECT ON L1NWOOD
AVENUE IN THE BAYSHORE/GATEWAY TRIANGLE
COMPONENT REDEVELOPMENT AREA TO FURTHER
PROMOTE REDEVELOPMENT - WITH A CASH MATCH NOT
TO EXCEED $72,000
Item #16A2
FINAL PLAT OF "WILLOUGHBY PINES REPLAT" WITH THE
CONSTRUCTION & MAINTENANCE AGREEMENT,
PERFORMANCE SECURITY AND STIPULATIONS
Item #16A3
CONVEYANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR ARBOR LAKES AT NAPLES HERITAGE AND
RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item #16A4
Page 154
January 8, 2002
ACCEPTANCE OF WATER FACILITIES FOR IBIS CLUB
APARTMENTS AND RELEASE OF THE UTILITIES
PERFORMANCE SECURITY
Item #16A5
RESOLUTION 2002-01 GRANTING FINAL ACCEPTANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "TIMARRON
UNIT TWO" AND RELEASE OF THE MAINTENANCE
SECURITY
Item #16A6
RESOLUTION 2002-02 GRANTING FINAL ACCEPTANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "ARIELLE
(PHASE TWO)" AND RELEASE OF THE MAINTENANCE
SECURITY
Item #16A7
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION FOR A NEIGHORHOOD REVITALIZATION
STREETLIGHTING PROJECT IN WEED AND SEED TARGET
AREA OF THE IMMOKALEE COMPONENT
REDEVELOPMENT AREA TO FURTHER PROMOTE
REDEVELOPMENT
Item # 16A8
Page 155
January 8, 2002
RESOLUTION 2002-03 APPROVING AND RATIFYING THE
FILING OF THE APPEAL AND THE DESIGNATION OF THE
LOCAL DESIGNATED OFFICIAL REGARDING FLOOD
INSURANCE STUDY MAPS PROPOSED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR COLLIER
COUNTY, FLORIDA
Item # 16A9
RFP 02-3317 REGARDING PROFESSIONAL CONSULTANT
SERVICES FOR A PARKS AND RECREATION IMPACT FEE
UPDATE
Item # 16Al 0
CARNIVAL PERMIT CP2002-01 REGARDING PETITION
CARNY-2001-AR-1852, DUANE WHEELER, CHAIRMAN,
ROTARY CLUB OF IMMOKALEE, TO CONDUCT A
CARNIVAL ON JANUARY 17 - 20, 2002 ON COUNTY OWNED
PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT, 520
AIRWAYS ROAD AND GRANTING WAIVERS OF THE
CARNIVAL, OCCUPATIONAL LICENSE AND SURETY BOND
FEES
Item #16B 1
DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA
BUILDING CORPORATION AND ISLANDWALK
DEVELOPMENT COMPANY FOR ROAD IMPACT CREDITS
SUBJECT TO DEVELOPER COMPLYING WITH ALL
Page 156
January 8, 2002
CONDITIONS OF THE AGREEMENT IMPOSED BY THE
COUNTY
Item # 16B2
BID #01-3277 FOR "MOWING OF GRASSED OR VEGETATED
AREAS" - AWARDED TO THE LOW BIDDER, SOUTHERN
SERVICES OF LABELLE, INC.- FOR THE COST OF $15.20 PER
ACRE
Item # 16B3
AMENDMENT NO. 1 TO WORK ORDER NO. ABB-FT-01-02,
ASSIGNED TO AGNOLI, BARBER & BRUNDAGE, INC. FOR
THE PREPARATION OF CONTRACT DOCUMENTS FOR
INTERSECTION IMPROVEMENTS AT RADIO ROAD AND
DAVIS BOULEVARD; PROJECT NO 65031,CIE # 16- IN THE
AMOUNT OF $57,610
Item #16B4
BUDGET AMENDMENT RECOGNIZING CARRY FORWARD
FOR THE TROPICANA BLVD. PROJECT IN THE GOLDEN
GATE MUNICIPAL SERVICES TAXING UNIT (MSTU) FUND
136
Item # 16B5
ADDITIONAL FUNDS FOR THE PURCHASE OF RIGHT-OF-
WAY FOR THE CONSTRUCTION AND MAINTENANCE OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR
Page 157
January 8, 2002
PHASE TWO OF THE IMMOKALEE ROAD FOUR-LAN1NG
PROJECT FROM RIVERS ROAD TO JUST WEST OF WILSON
BLVD., PROJECT NO. 60018 - IN THE AMOUNT OF $1,097,154
Item #16C1 - MOVED TO ITEM #10I
Item #16C2
BID NO. 01-3301, TO PURCHASE A ROLL-OFF TRUCK, FOR
THE NAPLES RECYCLING CENTER- AWARDED TO RDK
TRUCK IN THE AMOUNT OF $81,246
Item #16C3
RFP NO. 01-3279 TO PURCHASE CORROSION INHIBITOR
PRODUCT AND SERVICES - AWARDED TO LAZENBY &
ASSOCIATES
Item gl 6C4 - DELETED
Item #16C5
AGREEMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION RELATED TO THE SOUTH
COUNTY RECLAIMED WATER STORAGE PONDS AT EAGLE
LAKES PARK
Item #16C6 - MOVED TO ITEM # 10J
Item # 16C7 - MOVED TO ITEM # 1 OK
Page 158
January 8, 2002
Item # 16D 1
CONTRACT NO. 96-2489, "TENNIS FACILITY AND
OPERATIONS," AMENDED AND RENEWED WITH LEWIS
TENNIS, INC., FOR AN ADDITIONAL FIVE (5) YEARS
Item # 16D2
BUDGET AMENDMENT RECOGNIZING $2,000 REVENUE
FROM A DONATION AND AUTHORIZING EXPENDITURE
FOR A MEMORIAL BENCH
Item #16D3
AMENDMENT TO AGREEMENT BETWEEN DATA
RESEARCH ASSOCIATES, INC. AND COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS FOR PUBLIC
LIBRARY TO 1NCREASE THE 1NTERNET SERVICES
Item # 16E 1
BUDGET AMENDMENTS TRANSFERRING FUNDS WITHIN
301 PROJECTS FOR INDOOR AIR QUALITY IMPROVEMENTS
AT THE SHERIFF'S NORTH HORSESHOE DRIVE
OPERATIONS FACILITY AND APROVAL OF CHANGE
ORDER AS ADDRESSED IN THE EXECUTIVE SUMMARY TO
FINISH THE NEW GOLDEN GATE SHERIFF'S SUBSTATION
Item # 16E2 - DELETED
Page 159
January 8, 2002
RFP 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING
SERVICES," FOR UPCOMING ENGINEERING SERVICES, AS
NEEDED - STAFF TO NEGOTIATE WITH SELECTED FIRMS
AS INDICATED IN THE EXECUTIVE SUMMARY
Item #16E3
RFP 01-3292 "FIXED TERM PROFESSIONAL STRUCTURAL
ENGINEERING SERVICES" FOR UPCOMING ENGINEERING
SERVICES, AS NEEDED - STAFF TO NEGOTIATE WITH
SELECTED FIRMS AS INDICATED IN THE EXECUTIVE
SUMMARY
Item # 16F 1
BID NO. 01-3262 FOR THE PURCHASE OF PERSONAL
PROTECTIVE EQUIPMENT FOR THE EMERGENCY MEDICAL
SERVICES DEPARTMENT - AWARDED TO MUNICIPAL
EQUIPMENT, TEN-8 FIRE EQUIPMENT, ELITE FIRE AND
SAFETY EQUIPMENT, AND BENNETT FIRE PRODUCTS IN
THE ESTIMATED YEARLY COST OF $37,335
Item #16F2
COMMUNITY SPECIFIC TRAINING IN THE INTEGRATED
EMERGENCY MANAGEMENT COURSE-ALL HAZARDS, AT
THE NATIONAL EMERGENCY TRAINING CENTER- IN THE
AMOUNT OF $125 PER ATTENDEE; ESTIMATED TOTAL
COST FOR THE ENTIRE CLASS IS $10,000
Item # 16G 1
Page 160
January 8, 2002
BUDGET AMENDMENTS NO. 02-085 AND 02-090
Item #16J1
MISCELLANEOUS CORRESPONDENCE- FILED AND/OR
REFERRED
The following miscellaneous correspondence, as presented by
the Board of County Commissioners, has been directed to the various
departments as indicated:
Page 161
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
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. Disbursements for November 20, 2001 - November 27, 2001.
2. Disbursements for December 5, 2001- December 11, 2001.
3. Disbursements for December 12, 2001 - December 18, 2001.
4. Disbursements for December 19, 2001 - December 25,2001.
Districts:
Golden Gate Fire Control & Rescue District_- Agenda for December 12,
2001.
Isles of Capri Fire Rescue District Advisory Board Meeting - Minutes of
August 23,2001.
o
Big Cypress Basin Board of South Florida Water Management District -
Minutes of December 6, 2001.
a)
Big Cypress Basin Urban Mobile Irrigation Lab Quarterly Report,
3rd Qtr Project Year September 1 -November 30, 2001.
Collier Soil and Water Conservation District - Agenda for December 5,
2001.
Minutes:
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Regular Meeting- Minutes of November 8, 2001
a)
Incentives Sub-Committee Meeting - Agenda for December 6,
2001
Immokalee Local Redevelopment Advisory Board - Minutes of October
25, 2001.
H:Data/Format
o
10.
11.
12.
13.
14.
15.
Southwest Florida Workforce Development Board, Inc. - Agenda for
November 14, 2001, Minutes of September 28, 2001.
Rural Lands Assessment Area Oversight Committee - Agenda for
November 13,2001, Minutes of September 17, 2001, October 22, 2001.
Bayshore Beautification M.S.T.U. Advisory Committee - Minutes of
October 3,2001.
Historic & Archaeological Preservation Board - Agenda for November
16, 2001, Minutes of October 19, 2001
Collier County Airport Authority - Agenda for October 22, 2001,
Agenda for November 19, 2001, Minutes of October 22, 2001
Collier County Productivity Committee Report to the BCC on
Review of the Airport Authority, October 24, 2001
Collier County Library Advisory Board - Agenda for October 24, 2001.
Environmental Advisory Council - Agenda for November 7, 2001,
Agenda for December 5,2001
Golden Gate Beautification Advisory Committee - Agenda for November
13, 2001, Minutes of October 9, 2001
Collier County Contractors' Licensing Board -Agenda of October 17,
2001.
Collier County Planning Commission - Agenda for November 15, 2001,
Agenda for January 3, 2002.
Rural Fringe Area Assessment Oversight Committee - Minutes of
November 14, 2001, Minutes of November 28,2001.
Emergency Medical Services Advisory Council - Agenda for December
5, 2001.
Pelican Bay MSTBU Advisory Committee -Agenda for December 17,
2001, Agenda for November 29, 2001, Minutes of November 29, 2001,
Sub-Committee Meeting Minutes - November 29, 2001.
a) Clam Bay Sub-Committee Agenda for November 28, 2001.
b) Clam Bay Sub-Committee - Agenda for November 1,2001
D. Other:
H:Data/Format
1)
2)
Collier County Tax Collector - Letter from Guy L. Carlton - Amendment to
FY 2001-02 Budget.
Letter from Wilson Miller re: Immokalee Road South Conditional Use
Property Owner Notification.
H:Data/Format
January8,2002
Item 16K1
AMENDMENT OF SPENDING PLANS ASSOCIATED WITH
THE OFFICE OF STATE COURT ADMINISTRATION GRANT-
IN-AID AGREEMENTS FOR THE YEARS 1999, 2000, 2001, AND
2002 (CIVIL TRAFFIC HEARING OFFICE PROGRAM); CLERK
TO RECOGNIZE $24,700.15 GRANT PROCEEDS INTO THE
GENERAL FUND; CLERK TO RETURN TO OSCA $6,728.71 IN
UNJUSTIFIED GRANT PROCEEDS FOR THE FISCAL YEAR
1999; AND APPROVAL OF SWORN STATEMENT ATTESTING
TO THE GRANTEE'S COMPLIANCE FOR FISCAL YEAR 2000
GRANT-IN-AID AGREEMENT
Item #16K2
AGREEMENT BETWEEN THE SHERIFF'S OFFICE AND QUAIL
CREEK OWNER'S ASSOCIATION TO ENFORCE TRAFFIC
CONTROL LAWS OVER PRIVATE ROADS WITHIN THE
QUAIL CREEK ESTATES SUBDIVISION
Item # 16K3
COLLIER COUNTY SHERIFF DESIGNATED AS THE SIGNING
OFFICIAL AND CONTACT PERSON FOR THE SIXTH YEAR
STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
GRANT FUNDS
Item #16K4
Page 162
January 8, 2002
ORDINANCE TO BE ADVERTISED TO IMPOSE A
MANDATORY COURT COST OF $3.00 FOR FUNDING TEEN
COURT
Item #16K5
AUTHORIZATION FOR PAYMENT AND BUDGET
AMENDMENTS RELATED TO REBATABLE ARBITRAGE ON
SPECIAL OBLIGATION REFUNDING REVENUE BONDS,
SERIES 1997, AND THE FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION POOLED COMMERCIAL PAPER
NOTE A-10-1
Item # 16L 1
AUTHORIZATION TO ENTER INTO SETTLEMENT OF
ALLSTATE INSURANCE COMPANY V. COLLIER COUNTY,
CASE NO. 01-1824-SP - IN THE AMOUNT OF $331.80
Item # 16L2
AUTHORIZATION OF JUDGMENT TO RESPONDENT, JERJO
LIMITED, INC., FOR PARCEL 142 IN THE AMOUNT OF
$14,500 IN THE LAWSUIT STYLED COLLIER COUNTY V.
OWEN M. WARD, TRUSTEE, ET AL, CASE NO. 99-1291-CA,
PROJECT NO. 65031 - $800 TO BE PAID INTO THE REGISTRY
OF THE COURT
Item #16L3
Page 163
January 8, 2002
STIPULATED F1NAL JUDGMENT RELATIVE TO THE
CONDEMNATION OF PARCEL 175C AND 575C IN THE
AMOUNT OF $40,235 IN THE LAWSUIT ENTITLED COLLIER
COUNTY V. RICHARD H. EVANS, ET AL, CASE NO. 01-1235-
CA, LIVINGSTON ROAD PROJECT NO. 60071 - $8,835 TO BE
DEPOSITED INTO THE REGISTRY OF THE COURT
Item #16L4
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENTS, RUSSEL BAISLEY AND PATRICIA M.
BAISLEY, FOR PARCEL 160 IN THE AMOUNT OF $29,960 IN
THE LAWSUIT STYLED COLLIER COUNTY V. RUSSELL
BAISLEY, ET AL, CASE NO. 01-0758-CA, PROJECT NO. 60071 -
$8,260 TO BE DEPOSITED INTO THE REGISTRY OF THE
COURT
Item #16L5
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENT, ELFRIEDA HOUGHTON SUTHERLAND,
TRUSTEE OF THE RESIDUARY TRUST, FOR PARCELS 172
AND 772 IN THE AMOUNT OF $18,000 IN THE LAWSUIT
STYLED COLLIER COUNTY V. DOMINIQUE C. RIHS, AS
TRUSTEE OF THE LAND TRUST NO. S 146-1, ET AL, CASE NO.
01-0819-CA, PROJECT NO. 60071 - $4,200 TO BE DEPOSITED
INTO THE REGISTRY OF THE COURT
Item # 16L6
Page 164
January 8, 2002
PRE-LITIGATION SETTLEMENT BETWEEN COLLIER
COUNTY, FLORIDA AND ITS FORMER THIRD PARTY
ADMINISTRATOR, CRAMER, JOHNSON, WIGGINS &
ASSOCIATES, FOR FAILURE TO GIVE NOTICE AND OBTAIN
CONSENT OF THE DEFENDANT, NATIONAL UNION
INSURANCE CO. IN THE AMOUNT OF $9,750, AS DETAILED
IN THE EXECUTIVE SUMMARY
Item # 16L7
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENT, PINE RIDGE ASSOCIATES, LTD., FOR
PARCELS 103B AND 703B IN THE AMOUNT OF $1,000 IN THE
LAWSUIT STYLED COLLIER COUNTY V. PINE RIDGE
ASSOCIATES II, LTD., ET AL, CASE NO. 00-0488-CA, PROJECT
NO. 60111 - $700 TO BE DEPOSITED INTO THE REGISTRY OF
THE COURT
Item #16L8
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENT, PINE RIDGE ASSOCIATES, II, LTD., FOR
PARCELS 103A AND 703A IN THE AMOUNT OF $1,000 IN THE
LAWSUIT STYLED COLLIER COUNTY V. PINE RIDGE
ASSOCIATES II, LTD., ET AL, CASE NO. 00-0488-CA, PROJECT
NO. 60111 - $700 TO BE DEPOSITED INTO THE REGISTRY OF
THE COURT
Item # 16L9
Page 165
January 8, 2002
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENT, ELFRIEDA HOUGHTON SUTHERLAND,
TRUSTEE OF THE ELFRIEDA HOUGHTON SUTHERLAND
REVOCABLE TRUST, FOR PARCELS 170 AND 770 IN THE
AMOUNT OF $20,700 IN THE LAWSUIT STYLED COLLIER
COUNTY V. FRED R. SUTHERLAND, ET AL, CASE NO. 01-
0756-CA, PROJECT NO. 60071 - $4,200 TO BE DEPOSITED
INTO THE REGISTRY OF THE COURT
Item # 16L 10
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENTS, ELLIOT CORTES, SR. AND GLADYS
CORTES, FOR PARCELS 246 AND 246T IN THE AMOUNT OF
$3,150 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSE
ALVARADO, ET AL, CASE NO. 00-1969-CA, GOLDEN GATE
BOULEVARD PROJECT 63041- $850 TO BE DEPOSITED INTO
THE REGISTRY OF THE COURT
Item # 16L 11
AUTHORIZATION OF OFFER OF JUDGMENT TO
RESPONDENTS, JOSE ALVARADO AND DOLETTE
ALVARADO, FOR PARCELS 244 AND 244T 1N THE AMOUNT
OF $2,700 IN THE LAWSUIT STYLED COLLIER COUNTY V.
JOSE ALVARADO, ET AL, CASE NO. 00-1969-CA, GOLDEN
GATE BOULEVARD PROJECT 63041- $1,400 TO BE
DEPOSITED INTO THE REGISTRY OF THE COURT
Item # 17A
Page 166
January 8, 2002
RESOLUTION 2002-04, REGARDING PETITION AVPLAT-2001-
AR1557, O. GRADY MINOR & ASSOCIATES, AGENT FOR
PETITIONER SUNNY DAYS, INC., DISCLAIMING,
RENOUNCING AND VACATING THE COUNTY'S AND THE
PUBLIC'S INTEREST IN A 3 FOOT WIDE PORTION OF THE 13
FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED
ALONG THE REAR OF LOT 190, "GLEN EDEN PHASE TWO"
Item # 17B
RESOLUTION 2002-05, REGARDING PETITION AVPLAT-2001-
AR- 1457, TREISER, LIEBERFARB, COLLINS & VERNON, AS
AGENT FOR PETITIONER RAYMOND F. ERICKSON,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF
A 10 FOOT WIDE EASEMENT LOCATED ALONG THE REAR
PROPERTY LINE OF LOT 21, BLOCK 17, 231 PEBBLE BEACH
CIRCLE, "LELY GOLF ESTATES, ST. ANDREWS WEST
(COMPANION TO PETITION VA2001-AR- 1380
Item #17C
RESOLUTION 2002-06, REGARDING PETITION VA-2001-AR-
1380, CHRISTOPER J. THORNTON, ESQUIRE, OF TREISER,
LIEBERFARB, COLLINS & VERNON, CHARTERED.
REPRESENTING RAYMOND F. ERICKSON REQUESTING AN
AFTER-THE-FACT VARIANCE OF 1.3 FEET FROM THE
REQUIRED 10 FEET TO 8.7 FEET FOR PROPERTY LOCATED
AT 231 PEBBLE BEACH CIRCLE, LOT 21, BLOCK 17, LELY
GOLF ESTATESW, ST ANDREWS (COMPANION TO PETITION
TO AVPLAT-2001-AR-1457
Page 167
January 8, 2002
Item # 17D
ORDINANCE 2002-01 ADOPTING THE FLORIDA BUILDING
CODE AND AMENDING CHAPTER ONE, ADMINISTRATION
Item #17E
ORDINANCE 2002-02, REGARDING PETITION PUDA-0 I-AR-
1573, GEORGE L. VARNADOE OF YOUNG, VANASSENDERP,
VARNADOE AND ANDERSON, P.A., REPRESENTING
ANTARAMIAN CAPITAL PARTNERS, LLC, REQUESTING A
REZONE FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS SANDPIPER VILLAGE
PUD FOR PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF TAMIAMI TRAIL EAST (US 41) AND FREDERICK
STREET
Item #17F - CONTINUED INDEFINITELY
Page 168
January 8, 2002
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 '50 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
JAMES N. COLE~TA,-cHAIRMAN
ATTEST'
:.'.Thgse';~utes approved by the Board on
presented', ' /' or as co~ected
2_, as
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT
REPORTING, INC., BY BARBARA A. DONOVAN, RMR, CRR
Page 169